[House Prints, 110th Congress]
[From the U.S. Government Publishing Office]
=======================================================================
[House Appropriations Committee Print]
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009
(H.R. 2638; P.L. 110-329)
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
=======================================================================
CONTENTS, DIVISION D
Page
Legislative Text:
Title I--Departmental Management and Operations.............. 575
Title II--Security, Enforcement, and Investigations.......... 577
Title III--Protection, Preparedness, Response, and Recovery.. 591
Title IV--Research and Development, Training, and Services... 601
Title V--General Provisions.................................. 603
Explanatory Statement:
Title I--Departmental Management and Operations.............. 618
Title II--Security, Enforcement, and Investigations.......... 625
Title III--Protection, Preparedness, Response, and Recovery.. 649
Title IV--Research and Development, Training, and Services... 665
Title V--General Provisions.................................. 671
Earmark Disclosure........................................... 676
Table........................................................ 677
[Clerk's note: Four sections which precede division A in
the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act apply to all divisions of the Act, including
this one. The text of these sections is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009''.
SEC. 2. TABLE OF CONTENTS.
[Text omitted for purposes of this note]
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' or ``this joint resolution'' contained in any
division of this Act shall be treated as referring only to the
provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this legislation,
printed in the House of Representatives section of the
Congressional Record on or about September 24, 2008 by the
Chairman of the Committee on Appropriations of the House, shall
have the same effect with respect to the allocation of funds
and implementation of this Act as if it were a joint
explanatory statement of a committee of conference.
Reproduced below is the text of division D of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (H.R. 2638; P. L. 110-329) as
presented to the President for signature.]
Legislative Text, Division D
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
Homeland Security for the fiscal year ending September 30,
2009, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management
of the Department of Homeland Security, as authorized by law,
$123,456,000: 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 within 15 days after the end of each
quarter of the fiscal year, the Secretary shall submit to the
Committees on Appropriations of the Senate and House of
Representatives and to the Government Accountability Office a
report of each instance where a request by the Government
Accountability Office for access to Department of Homeland
Security records was not granted within 20 calendar days and
Government Accountability Office requests for interviews with
Department of Homeland Security employees were not granted
within seven calendar days: Provided further, That $15,000,000
shall not be available for obligation until the second
quarterly report detailed in the previous proviso is submitted
to the Committees on Appropriations of the Senate and House of
Representatives: 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 to the Committees on
Appropriations of the Senate and the House of Representatives
that processes to incorporate stakeholder input for grant
guidance development and award distribution have been: (1)
developed to ensure transparency and increased consultation
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),
$191,793,000, 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; and $17,131,000 shall remain available until
expended for the Human Resources Information Technology
program.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $55,235,000, of which $11,000,000
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, $272,169,000; of which $86,928,000 shall be
available for salaries and expenses; and of which $185,241,000,
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 $100,000,000 of the
total amount appropriated under this heading shall not be
available for obligation until the Committees on Appropriations
of the Senate and the House of Representatives receive the
report on data center transition: Provided further, That none
of the funds appropriated shall be used to support or
supplement the appropriations provided for the United States
Visitor and Immigrant Status Indicator Technology project or
the Automated Commercial Environment: Provided further, That
the Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
not 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
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.),
$327,373,000, of which not to exceed $5,000 shall be for
official reception and representation expenses; and of which
$215,745,000 shall remain available until September 30, 2010.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $1,900,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $98,513,000, of which not to exceed
$150,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, 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; $7,603,206,000, 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 $2,000,000 shall be for
Project SeaHawk; of which such sums as become available in the
Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that
account; of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance
operations; and of which not to exceed $1,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security: Provided, That for fiscal year 2009, the overtime
limitation prescribed in section 5(c)(1) of the Act of February
13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any
employee of U.S. Customs and Border Protection for overtime,
from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration
emergencies: Provided further, That no funding available under
this heading may be obligated for the operation of the
Analytical Framework for Intelligence Officers until the
Commissioner of U.S. Customs and Border Protection certifies
that this Framework complies with all applicable laws,
including section 552a of title 5, United States Code, and
other laws protecting privacy, and such certification is
reviewed by the Inspector General of the Department of Homeland
Security: Provided further, That the Commissioner shall submit
to the Committees on Appropriations of the Senate and the House
of Representatives the results of operational field testing of
cargo container security devices in high risk trade lanes no
later than 120 days after the date of enactment of this Act.
automation modernization
For expenses for U.S. Customs and Border Protection automated
systems, $511,334,000, to remain available until expended, of
which not less than $316,851,000 shall be for the development
of the Automated Commercial Environment: Provided, That of the
total amount made available under this heading, $216,851,000
may not be obligated for the Automated Commercial Environment
program until 30 days after the Committees on Appropriations of
the Senate and the House of Representatives receive a report on
the results to date and plans for the program from the
Department of Homeland Security.
border security fencing, infrastructure, and technology
For expenses for customs and border protection fencing,
infrastructure, and technology, $775,000,000, to remain
available until expended: Provided, That of the amount provided
under this heading, $400,000,000 shall not be obligated until
the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure,
prepared by the Secretary of Homeland Security and submitted
not later than 90 days after the date of the enactment of this
Act, for a program to establish 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 the following--
(1) a detailed accounting of the program's
implementation to date for all investments, including
technology and tactical infrastructure, for funding
already expended relative to system capabilities or
services, system performance levels, mission benefits
and outcomes, milestones, cost targets, program
management capabilities, identification of the maximum
investment, including life cycle costs, related to the
Secure Border Initiative program or any successor
program, and description of the methodology used to
obtain these cost figures;
(2) a description of how specific projects will
further the objectives of the Secure Border Initiative,
as defined in the Department of Homeland Security
Secure Border Plan, and how the expenditure plan
allocates funding to the highest priority border
security needs;
(3) an explicit plan of action defining how all funds
are to be obligated to meet future program commitments,
with the planned expenditure of funds linked to the
milestone-based delivery of specific capabilities,
services, performance levels, mission benefits and
outcomes, and program management capabilities;
(4) an identification of staffing, including full-
time equivalents, contractors, and detailees, by
program office;
(5) a description of how the plan addresses security
needs at the Northern border and ports of entry,
including infrastructure, technology, design and
operations requirements, specific locations where
funding would be used, and priorities for Northern
border activities;
(6) a report on budget, obligations and expenditures,
the activities completed, and the progress made by the
program in terms of obtaining operational control of
the entire border of the United States;
(7) a listing of all open Government Accountability
Office and the Office of Inspector General
recommendations related to the program and the status
of Department of Homeland Security actions to address
the recommendations, including milestones to fully
address such recommendations;
(8) a certification by the Chief Procurement Officer
of the Department that the program: (a) has been
reviewed and approved in accordance with the investment
management process of the Department, and that the
process fulfills all capital planning and investment
control requirements and reviews established by the
Office of Management and Budget, including as provided
in Circular A-11, part 7; (b) that the plans for the
program comply with the Federal acquisition rules,
requirements, guidelines, and practices, and a
description of the actions being taken to address areas
of non-compliance, the risks associated with such
actions, together with any plans for addressing these
risks, and the status of the implementation of such
actions; (c) that procedures to prevent conflicts of
interest between the prime integrator and major
subcontractors are established and that the Secure
Border Initiative Program Office has adequate staff and
resources to effectively manage the Secure Border
Initiative program, all contracts, including the
exercise of technical oversight; and (d) the
certifications required under this paragraph should be
accompanied by all documents or memoranda, as well as
documentation and a description of the investment
review processes used to obtain such certifications;
(9) a certification by the Chief Information Officer
of the Department that: (a) the system architecture of
the program is sufficiently aligned with the
information systems enterprise architecture of the
Department to minimize future rework, including a
description of all aspects of the architectures that
were or were not assessed in making the alignment
determination, the date of the alignment determination,
and any known areas of misalignment together with the
associated risks and corrective actions to address any
such areas; (b) the program has a risk management
process that regularly and proactively identifies,
evaluates, mitigates, and monitors risks throughout the
system life cycle and communicates high-risk conditions
to U.S. Customs and Border Protection and Department 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 such risks; (c) an
independent verification and validation agent is
currently under contract for the projects funded under
this heading; and (d) the certification required under
this paragraph should be accompanied by all documents
or memoranda, as well as documentation and a
description of the investment review processes used to
obtain such certification;
(10) a certification by the Chief Human Capital
Officer of the Department that the human capital needs
of the Secure Border Initiative program are being
addressed so as to ensure adequate staff and resources
to effectively manage the Secure Border Initiative,
together with a description of SBI staffing priorities;
(11) an analysis by the Secretary for each segment,
defined as not more than 15 miles, of fencing or
tactical infrastructure, of the selected approach
compared to other, alternative means of achieving
operational control, and such analysis should include
cost, level of operational control, possible unintended
effects on communities, and other factors critical to
the decision making process; and
(12) is reviewed by the Government Accountability
Office:
Provided further, That the Secretary shall report to the
Committees on Appropriations of the Senate and the House of
Representatives on program progress, and obligations and
expenditures for all outstanding task orders as well as
specific objectives to be achieved through the award of current
and remaining task orders planned for the balance of available
appropriations at least 15 days before the award of any task
order requiring an obligation of funds in an amount greater
than $25,000,000 and before the award of a task order that
would cause cumulative obligations of funds to exceed 50
percent of the total amount appropriated: Provided further,
That none of the funds provided under this heading may be
obligated unless the Department has complied with section
102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note), and the
Secretary certifies such to the Committees on Appropriations of
the Senate and the House of Representatives: Provided further,
That none of the funds under this heading may be obligated for
any project or activity for which the Secretary has exercised
waiver authority pursuant to section 102(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1103 note) until 15 days have elapsed from the date of
the publication of the decision in the Federal Register:
Provided further, That notwithstanding the previous provisos,
$100,000,000 of the amount provided under this heading shall be
made available for obligation upon enactment of this Act
without restriction.
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, of which
$5,000,000 shall be to address private aircraft enforcement
system noncompliance as specified in House Report 110-862:
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: Provided further, That of the total amount
made available under this heading, $18,000,000 shall not be
obligated until the Secretary notifies the Committees on
Appropriations of the Senate and House of Representatives that
the Department of Homeland Security has implemented the concept
of operations described in section 544 of this Act.
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 all 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; $4,927,210,000, 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 aliens unlawfully present in the
United States: 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, or the designee of the Secretary,
may waive that amount as necessary for national security
purposes and in cases of immigration emergencies: Provided
further, That of the total amount provided, $15,770,000 shall
be for activities in fiscal year 2009 to enforce laws against
forced child labor, of which not to exceed $6,000,000 shall
remain available until expended: Provided further, That of the
total amount available, not less than $1,000,000,000, of which
$150,000,000 shall remain available until September 30, 2010,
shall be available to identify aliens convicted of a crime, and
who may be deportable, and to remove them from the United
States once they are judged deportable: Provided further, That
the Secretary, or the designee of the Secretary, shall report
to the Committees on Appropriations of the Senate and the House
of Representatives, at least quarterly, on progress
implementing the preceding proviso, and the funds obligated
during that quarter to make that progress: Provided further,
That the Secretary shall prioritize the identification and
removal of aliens convicted of a crime by the severity of that
crime: Provided further, That of the total amount provided, not
less than $2,481,213,000 is for detention and removal
operations, including transportation of unaccompanied minor
aliens: Provided further, That of the total amount provided,
$6,800,000 shall remain available until September 30, 2010, for
the Visa Security Program: Provided further, That none of the
funds provided under this heading may be used to continue a
delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector
General determines that the terms of the agreement governing
the delegation of authority have been violated: Provided
further, That effective April 15, 2009, none of the funds
provided under this heading may be used to continue any
contract for the provision of detention services if the two
most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the
equivalent median score in any subsequent performance
evaluation system: Provided further, That the Secretary shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, not later than January 5, 2009, a
plan for nationwide implementation of the Alternatives to
Detention program that identifies: (1) the funds required for
nationwide program implementation; (2) the timeframe for
achieving nationwide program implementation; and (3) an
estimate of the number of individuals who could be enrolled in
a nationwide program: Provided further, That nothing under this
heading shall prevent U.S. Immigation and Customs Enforcement
from exercising those authorities provided under immigration
laws (as defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall 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 an expenditure plan prepared by the Secretary of
Homeland Security.
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, $5,000,000, to remain available until
expended: Provided, That none of the funds made available under
this heading may be used to solicit or consider any request to
privatize facilities currently owned by the United States
Government and used to detain aliens unlawfully present in the
United States until the Committees on Appropriations of the
Senate and the House of Representatives receive a plan for
carrying out that privatization.
Transportation Security Administration
AVIATION SECURITY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$4,754,518,000, 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 $3,935,710,000
shall be for screening operations, of which $621,106,000 shall
be available for explosives detection systems; and not to
exceed $798,808,000 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 the
purchase of screening equipment for medium- and small-sized
airports must be competitively awarded: Provided further, That
any award to deploy explosives detection systems shall be based
on risk, the airports current reliance on other screening
solutions, lobby congestion resulting in increased security
concerns, high injury rates, airport readiness, and increased
cost effectiveness: Provided further, That security service
fees authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security:
Provided further, That any funds collected and made available
from aviation security fees pursuant to section 44940(i) of
title 49, United States Code, may, notwithstanding paragraph
(4) of such section 44940(i), be expended for the purpose of
improving screening at airport screening checkpoints, which may
include the purchase and utilization of emerging technology
equipment; the refurbishment and replacement of current
equipment; the installation of surveillance systems to monitor
checkpoint activities; the modification of checkpoint
infrastructure to support checkpoint reconfigurations; and the
creation of additional checkpoints to screen aviation
passengers and airport personnel: Provided further, That of the
amounts provided under this heading, $20,000,000 may be
transferred to the ``Surface Transportation Security'',
``Transportation Threat Assessment and Credentialing'', and
``Transportation Security Support'' appropriations in this Act
for the purpose of implementing regulations and activities
authorized in the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53): Provided further,
That the sum appropriated under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such
offsetting collections are received during fiscal year 2009, so
as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,434,518,000:
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; 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.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation
security activities, $49,606,000, to remain available until
September 30, 2010.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation
of screening programs of the Office of Transportation Threat
Assessment and Credentialing, $116,018,000, to remain available
until September 30, 2010: Provided, That if the Assistant
Secretary of Homeland Security (Transportation Security
Administration) determines that the Secure Flight program does
not need to check airline passenger names against the full
terrorist watch list, the Assistant Secretary shall certify to
the Committees on Appropriations of the Senate and the House of
Representatives that no significant security risks are raised
by screening airline passenger names only against a subset of
the full terrorist watch list.
TRANSPORTATION SECURITY SUPPORT
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat. 597;
49 U.S.C. 40101 note), $947,735,000, to remain available until
September 30, 2010: Provided, That of the funds appropriated
under this heading, $20,000,000 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 be submitted no later than 60 days after the
date of enactment of this Act.
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals,
$819,481,000.
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 $700,000) 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; $6,194,925,000, 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 until expended 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 or any other Act shall be available for administrative
expenses in connection with shipping commissioners in the
United States: Provided further, That none of the funds made
available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United
States Code, except to the extent fees are collected from yacht
owners and credited to this appropriation: Provided further,
That the Commandant shall submit a financial management
improvement plan that has been reviewed by the Inspector
General of the Department of Homeland Security containing
yearly, measurable milestones, to the Committees on
Appropriations of the Senate and the House of Representatives
by December 1, 2008: Provided further, That the Coast Guard
shall comply with the requirements of section 527 of Public Law
108-136 with respect to the Coast Guard Academy: Provided
further, That notwithstanding section 503 of this Act, amounts
not to exceed 5 percent of the total amount appropriated under
this heading may be transferred to the ``Acquisition,
Construction, and Improvements'' appropriation, to be available
under the terms and conditions applicable to that
appropriation, and to be available for personnel compensation
and benefits and related costs to adjust personnel assignment
to accelerate management and oversight of new or existing
projects without detrimentally affecting the management and
oversight of other projects: Provided further, That the amount
made available for ``Personnel, Compensation, and Benefits'' in
the ``Acquisition, Construction, and Improvements''
appropriation shall not be increased by more than 10 percent by
such transfers: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified of each transfer within 10 days after it is
executed.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,000,000, to
remain available until expended.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $130,501,000.
acquisition, construction, and improvements
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;
$1,494,576,000, 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 $68,000,000 shall be available until
September 30, 2011, for shore facilities and aids to navigation
facilities, including $3,000,000 for Sector Buffalo and
$15,000,000 for the Rescue Swimmer Training Facility; of which
$92,830,000 shall be available for personnel compensation and
benefits and related costs; of which $97,578,000 shall be
available until expended for a new Coast Guard and Department
of Homeland Security headquarters; and of which $1,033,994,000
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,
$244,550,000 is for aircraft and $571,003,000 is for surface
ships: Provided further, That $350,000,000 of the funds
provided for the Integrated Deepwater Systems program may not
be obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive directly from
the Coast Guard and approve a plan for expenditure that--
(1) defines activities, milestones, yearly costs, and
life cycle costs for each new procurement of a major
asset, including an independent cost estimate for each;
(2) identifies life cycle staffing and training needs
of Coast Guard project managers and procurement and
contract staff;
(3) identifies competition to be conducted in, and
summarizes the approved acquisition strategy for, each
procurement;
(4) includes a certification by the Chief Human
Capital Officer of the Department of Homeland Security
that current human capital capabilities are sufficient
to execute the expenditure plan;
(5) includes an explanation of each procurement that
involves an indefinite delivery/indefinite quantity
contract and explains the need for such contract;
(6) identifies individual project balances by fiscal
year, including planned carryover into fiscal year 2010
by project;
(7) identifies operational gaps by asset and explains
how funds provided in this Act address the shortfalls
between current operational capabilities and
requirements;
(8) includes a listing of all open Government
Accountability Office and Office of Inspector General
recommendations related to the program and the status
of Coast Guard actions to address the recommendations,
including milestones for fully addressing them;
(9) includes a certification by the Chief Procurement
Officer of 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;
(10) identifies use of the Defense Contract Audit
Agency;
(11) 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;
(12) identifies the use of independent validation and
verification; and
(13) is reviewed by the Government Accountability
Office:
Provided further, That no funding may be obligated for low rate
initial production or initial production of any Integrated
Deepwater Systems program asset until Coast Guard revises its
Major Systems Acquisition Manual procedures to require a formal
design review prior to the authorization of low rate initial
production or initial production: Provided further, That the
Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives, in conjunction with the President's fiscal
year 2010 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan for
the fiscal year; an annual performance comparison of Integrated
Deepwater Systems program assets to pre-Deepwater legacy
assets; a status report of legacy assets; a detailed
explanation of how the costs of legacy assets are being
accounted for within the Integrated Deepwater Systems program;
and the earned value management system gold card data for each
Integrated Deepwater Systems program asset: Provided further,
That the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
comprehensive review of the Revised Deepwater Implementation
Plan every 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:
Provided further, That subsections (a), and (b) of section 6402
of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery,
and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28) shall apply to fiscal year 2009: Provided further, That
notwithstanding section 503 of this Act, amounts transferred
from the ``Operating Expenses'' appropriation for personnel
compensation and benefits and related costs to adjust personnel
assignment to accelerate management and oversight of new or
existing projects may be transferred to the ``Operating
Expenses'' appropriation to be merged with that appropriation,
to be available under the same terms and conditions for which
that appropriation is available, when no longer required for
project acceleration or oversight, or to otherwise adjust
personnel assignment: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified of each transfer within 30 days after it is
executed.
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, $2,000,000 shall be for the Burlington
Northern Railroad Bridge in Burlington, Iowa; $2,000,000 shall
be for the Canadian Pacific Railway Bridge in La Crosse,
Wisconsin; $2,000,000 shall be for the Chelsea Street Bridge in
Chelsea, Massachusetts; $2,000,000 shall be for the Elgin,
Joliet, and Eastern Railway Company Bridge in Morris, Illinois;
$4,000,000 shall be for the Fourteen Mile Bridge in Mobile,
Alabama; and $4,000,000 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; $18,000,000, 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; $1,408,729,000; 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: Provided further, That 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 further, That the Director of the
United States Secret Service may enter into an agreement to
perform such service on a fully reimbursable basis.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $4,225,000, to
remain available until expended: Provided, That of the total
amount provided, $250,000 is for a perimeter security and noise
abatement study at the James J. Rowley Training Center.
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, $51,350,000: 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.), $806,913,000, of which $720,116,000 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:
Provided further, That of the amount made available under this
heading, $127,462,000 may not be obligated for the National
Cyber Security Initiative program and $25,125,000 may not be
obligated for the Next Generation Networks program until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure for
that program that describes the strategic context of the
program; the specific goals and milestones set for the program;
and the funds allocated to achieving each of those goals:
Provided further, That of the total amount provided, $2,000,000
is for Philadelphia infrastructure monitoring; $3,000,000 is
for protection of critical underground infrastructure in major
urban areas; $1,000,000 is for improved improvised explosive
device mapping and modeling tools; $3,500,000 is for State and
local cyber security training; and $4,000,000 is for the Power
and Cyber Systems Protection, Analysis, and Testing Program at
the Idaho National Laboratory.
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), $300,000,000, to remain available until
expended: Provided, That of the total amount made available
under this heading, $75,000,000 may not be obligated for the
United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate
and the House of Representatives receive a plan for expenditure
prepared by the Secretary of Homeland Security that includes--
(1) a detailed accounting of the program's progress
to date relative to system capabilities or services,
system performance levels, mission benefits and
outcomes, milestones, cost targets, and program
management capabilities;
(2) an explicit plan of action defining how all funds
are to be obligated to meet future program commitments,
with the planned expenditure of funds linked to the
milestone-based delivery of specific capabilities,
services, performance levels, mission benefits and
outcomes, and program management capabilities;
(3) a listing of all open Government Accountability
Office and Office of Inspector General recommendations
related to the program and the status of Department of
Homeland Security actions to address the
recommendations, including milestones for fully
addressing such recommendations;
(4)(a) a certification by the Chief Procurement
Officer of the Department that (1) the program has been
reviewed and approved in accordance with the investment
management process of the Department; (2) the process
fulfills all capital planning and investment control
requirements and reviews established by the Office of
Management and Budget, including as provided in
Circular A-11, part 7; and (3) the plans for the
program comply with the Federal acquisition rules,
requirements, guidelines, and practices; and (b) a
description by the Chief Procurement Officer of the
actions being taken to address areas of non-compliance,
the risks associated with such areas as well as any
plans for addressing such risks, and the status of the
implementation of such actions;
(5)(a) a certification by the Chief Information
Officer of the Department that (1) an independent
verification and validation agent is currently under
contract for the project; (2) the system architecture
of the program is sufficiently aligned with the
information systems enterprise architecture of the
Department to minimize future rework, including a
description of all aspects of the architecture that
were or were not assessed in making the alignment
determination, the date of the alignment determination,
and any known areas of misalignment along with the
associated risks and corrective actions to address any
such areas; and (3) the program has a risk management
process that regularly identifies, evaluates,
mitigates, and monitors risks throughout the system
life cycle, and communicates high-risk conditions to
agency and Department investment decision makers; and
(b) a listing by the Chief Information Officer of all
the program's high risks and the status of efforts to
address them;
(6) a certification by the Chief Human Capital
Officer of the Department that the human capital needs
of the program are being strategically and proactively
managed, and that current human capital capabilities
are sufficient to execute the plans discussed in the
report;
(7) a complete schedule for the full implementation
of a biometric exit program or a certification that
such program is not possible within 5 years; and
(8) a detailed accounting of operation and
maintenance, contractor services, and program costs
associated with the management of identity services:
Provided further, That no funding under this heading shall be
obligated for implementation of a final air exit solution
pursuant to the notice of proposed rulemaking (DHS-2008-0039)
published on April 24, 2008, until the Committees on
Appropriations of the Senate and the House of Representatives
receive a report on pilot tests of the air exit solution, which
shall be reviewed by the Government Accountability Office, and
which shall test at least two scenarios: (a) where the airlines
collect and transmit biometric exit data as proposed in the
notice of proposed rulemaking and (b) where U.S. Customs and
Border Protection collects such information at the departure
gates.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$157,191,000, of which $29,210,000 is for salaries and
expenses; and of which $127,981,000 is to remain available
until September 30, 2010, for biosurveillance, BioWatch,
medical readiness planning, chemical response, and other
activities: Provided, That not to exceed $3,000 shall be for
official reception and representation expenses.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
For necessary expenses for management and administration of
the Federal Emergency Management Agency, $837,437,000,
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.), and the Post-Katrina Emergency
Management Reform Act of 2006 (Public Law 109-295; 120 Stat.
1394): Provided, That not to exceed $3,000 shall be for
official reception and representation expenses: Provided
further, That the President's budget submitted under section
1105(a) of title 31, United States Code, shall be detailed by
office for the Federal Emergency Management Agency: Provided
further, That $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 of
the Senate and the House of Representatives that processes to
incorporate stakeholder input for grant guidance development
and award distribution have been: (1) developed to ensure
transparency and increased consultation 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, $5,000,000 shall be for the development of tools
and systems to measure the achievement and effectiveness of
first responder grant programs: Provided further, That of the
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; $2,200,000 shall be for the Pacific
Region Homeland Security Center, Honolulu, Hawaii, $5,000,000
shall be for the State of North Carolina, and $2,425,000 shall
be for the Commonwealth of Kentucky, as detailed in the
statement accompanying this Act; 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, $3,105,700,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland
Security Grant Program under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605): Provided,
That of the amount provided by this paragraph,
$60,000,000 shall be for Operation Stonegarden:
Provided further, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2009, the
Commonwealth of Puerto Rico shall make available to
local and tribal governments amounts provided to the
Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $837,500,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604), of which, notwithstanding
subsection (c)(1) of such section, $15,000,000 shall be
for grants to organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax section 501(a) of such code) determined
by the Secretary of Homeland Security to be at high
risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 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 Citizen 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:
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: Provided further, That such public transportation
security assistance shall be provided directly to
public transportation agencies.
(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) $8,000,000 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) $35,000,000 shall remain available until
expended, for grants for Emergency Operations Centers
under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c),
as detailed in the statement accompanying this Act.
(14) $264,200,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $164,500,000 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; $23,000,000 shall be for
the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining
and Technology; $23,000,000 shall be for the
National Center for Biomedical Research and
Training, Louisiana State University;
$23,000,000 shall be for the National Emergency
Response and Rescue Training Center, Texas A&M
University; $23,000,000 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) $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, and an expenditure plan for program
administration shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives
within 60 days of the date of enactment of this Act: 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) and (12), 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 reports
on their use of funds, as determined necessary by the
Secretary: Provided further, That (a) the Center for Domestic
Preparedness may provide training to emergency response
providers from the Federal Government, foreign governments, or
private entities, if the Center for Domestic Preparedness is
reimbursed for the cost of such training, and any reimbursement
under this subsection shall be credited to the account from
which the expenditure being reimbursed was made and shall be
available, without fiscal year limitation, for the purposes for
which amounts in the account may be expended, (b) the head of
the Center for Domestic Preparedness shall ensure that any
training provided under (a) does not interfere with the primary
mission of the Center to train State and local emergency
response providers: Provided further, That the Government
Accountability Office shall report to the Committees on
Appropriations of the Senate and the House of Representatives
regarding the data, assumptions, and methodology that the
Department of Homeland Security uses to assess risk and
allocate grants under the Urban Area Security Initiative and
State Homeland Security Grant Program not later than 45 days
after the date of enactment of this Act: Provided further, That
the report shall include an assessment of the reliability and
validity of the data used, the basis for the assumptions used,
how the methodology is applied to determine the risk scores for
individual locations, an analysis of the usefulness of placing
States and cities into tier groups, and the allocation of
grants to eligible locations: Provided further, That the
Department 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 2009
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.), $775,000,000, of which $565,000,000 shall be available
to carry out section 33 of that Act (15 U.S.C. 2229) and
$210,000,000 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, and an expenditure plan for program
administration shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives
within 60 days of the date of enactment of this Act.
emergency management performance grants
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$315,000,000: Provided, That total administrative costs shall
not exceed 3 percent of the total amount appropriated under
this heading.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2009, as
authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amounts anticipated by the Department
of Homeland Security necessary for its radiological emergency
preparedness program for the next fiscal year: Provided, That
the methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such
fees: Provided further, That fees received under this heading
shall be deposited in this account as offsetting collections
and will become available for authorized purposes on October 1,
2009, and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), $44,979,000.
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $1,400,000,000, to remain available until expended:
Provided, That the Federal Emergency Management Agency shall
submit an expenditure plan to the Committees on Appropriations
of the Senate and the House of Representatives detailing the
use of the funds for disaster readiness and support within 60
days after the date of enactment of this Act: Provided further,
That the Federal Emergency Management Agency shall provide a
quarterly report detailing obligations against the expenditure
plan and a justification for any changes in spending: Provided
further, That of the total amount provided, $16,000,000 shall
be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to
disasters, subject to section 503 of this Act: Provided
further, That up to $105,600,000 may be transferred to Federal
Emergency Management Agency ``Management and Administration''
for management and administration functions: Provided further,
That the amount provided in the previous proviso shall not be
available for transfer to ``Management and Administration''
until the Federal Emergency Management Agency submits an
implementation plan to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That
the Federal Emergency Management Agency shall submit the
monthly ``Disaster Relief'' report, as specified in Public Law
110-161, to the Committees on Appropriations of the Senate and
the House of Representatives, and include the amounts provided
to each Federal agency for mission assignments: Provided
further, That for any request for reimbursement from a Federal
agency to the Department of Homeland Security to cover
expenditures under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any
mission assignment orders issued by the Department for such
purposes, the Secretary of Homeland Security shall take
appropriate steps to ensure that each agency is periodically
reminded of Department policies on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
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), $220,000,000, and
such additional sums as may be provided by State and local
governments or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of such Act (42
U.S.C. 4101(f)(2)), to remain available until expended:
Provided, That total administrative costs shall not exceed 3
percent of the total amount appropriated under this heading.
NATIONAL FLOOD INSURANCE FUND
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001 et seq.), $156,599,000, which shall be
derived from offsetting collections assessed and collected
under section 1308(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 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 plain management and
flood mapping: Provided further, That in fiscal year 2009, no
funds shall be available from the National Flood Insurance Fund
under section 1310 of that Act (42 U.S.C. 4017) in excess of:
(1) $85,000,000 for operating expenses; (2) $869,905,000 for
commissions and taxes of agents; (3) such sums as are necessary
for interest on Treasury borrowings; and (4) $125,700,000,
which shall remain available until expended for flood
mitigation 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 mitigation
assistance 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 the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), $90,000,000, to remain
available until expended and as detailed in the statement
accompanying this Act: Provided, That the total administrative
costs associated with such grants shall not exceed 3 percent of
the total amount made available under this heading.
emergency food and shelter
To carry out the emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $200,000,000, to remain available until
expended: Provided, That total administrative costs shall not
exceed 3.5 percent of the total amount made available under
this heading.
CERRO GRANDE FIRE CLAIMS
(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, $101,740,000, of which $100,000,000 is for the E-
Verify program to assist United States employers with
maintaining a legal workforce: 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, of
which two are for replacement only, for areas where the
Administrator of General Services does not provide vehicles for
lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees
who are assigned to those areas to use such vehicles between
the employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $246,530,000, of
which up to $48,611,000 shall remain available until September
30, 2010, for materials and support costs of Federal law
enforcement basic training; of which $300,000 shall remain
available until expended for Federal law enforcement agencies
participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for
the needs of participating agencies; and of which not to exceed
$12,000 shall be for official reception and representation
expenses: Provided, That the Center is authorized to obligate
funds in anticipation of reimbursements from agencies receiving
training sponsored by the Center, except that total obligations
at the end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C.
3771 note), as amended by Public Law 110-161 (121 Stat. 2068),
is further amended by striking ``December 31, 2010'' and
inserting ``December 31, 2011'': Provided further, That the
Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement
training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors: Provided further, That the Director of the Federal
Law Enforcement Training Center shall schedule basic or
advanced law enforcement training, or both, at all four
training facilities under the control of the Federal Law
Enforcement Training Center to ensure that such training
facilities are operated at the highest capacity throughout the
fiscal year.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $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.); $800,487,000, 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: Provided further, That not less than $11,000,000
shall be available for the National Institute for Hometown
Security: Provided further, That not less than $2,000,000 shall
be available for the Naval Postgraduate School: Provided
further, That not less than $2,000,000 shall be available to
establish a homeland security research, development, and
manufacturing pilot project: Provided further, That none of the
funds made available under this heading shall be obligated for
a follow-on program to the Analysis, Dissemination,
Visualization, Insight, and Semantic Enhancement program:
Provided further, That none of the funds available under this
heading shall be obligated for construction of a National Bio
and Agro-defense Facility located on the United States mainland
until the Secretary of Homeland Security completes a risk
assessment of whether foot-and-mouth disease work can be done
safely on the United States mainland and this assessment is
reviewed by the Government Accountability Office: Provided
further, That the Government Accountability Office shall
complete its review within 6 months after the Department
concludes the risk assessment.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by title XIX of the Homeland Security Act
of 2002 (6 U.S.C. 591 et seq.) for management and
administration of programs and activities, $37,500,000:
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, $323,200,000,
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,
$153,491,000, 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 shall
consult with the National Academy of Sciences before making
such certifications: 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
(INCLUDING RESCISSIONS OF FUNDS)
Sec. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this Act,
may be merged with funds in the applicable established
accounts, and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2009, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program, project, or activity; (2) eliminates a program,
project, office, or activity; (3) increases funds for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either of the Committees on
Appropriations of the Senate or the House of Representatives
for a different purpose; or (5) contracts out any function or
activity for which funding levels were requested for Federal
full-time equivalents in the object classification tables
contained in the fiscal year 2009 Budget Appendix for the
Department of Homeland Security, as modified by the explanatory
statement 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 or proceeds available to the agencies
funded by this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of
personnel by 10 percent as approved by the Congress; or (3)
results from any general savings from a reduction in personnel
that would result in a change in existing programs, projects,
or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under
this section shall be treated as a reprogramming of funds under
subsection (b) and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life
or the protection of property.
(e) 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 report listing all dollar amounts specified
in this Act and accompanying explanatory statement that are
identified in the detailed funding table at the end of the
explanatory statement accompanying this Act or any other
amounts specified in this Act or accompanying explanatory
statement: Provided, That such dollar amounts specified in this
Act and accompanying explanatory statement shall be subject to
the conditions and requirements of subsections (a), (b), and
(c) of this section.
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. None of the funds made available by this Act may be
used to make a grant allocation, discretionary grant award,
discretionary contract award, or to issue a letter of intent
totaling in excess of $1,000,000, or to announce publicly the
intention to make such an award, including a contract covered
by the Federal Acquisition Regulation, unless the Secretary of
Homeland Security notifies the Committees on Appropriations of
the Senate and the House of Representatives at least 3 full
business days in advance of making such an award or issuing
such a letter: Provided, That if the Secretary of Homeland
Security determines that compliance with this section would
pose a substantial risk to human life, health, or safety, an
award may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified not later than 5 full business days after
such an award is made or letter issued: Provided further, 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 5 full business days in advance of announcing
publicly the intention of making an award under the State
Homeland Security Grant Program; Urban Area Security
Initiative; and the Regional Catastrophic Preparedness Grant
Program.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center 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. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of title
40, United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 510. Sections 519, 520, 522, 528, 530, and 531 of the
Department of Homeland Security Appropriations Act, 2008
(division E of Public Law 110-161; 121 Stat. 2072, 2073, 2074,
2082) shall apply with respect to funds made available in this
Act in the same manner as such sections applied to funds made
available in that Act.
Sec. 511. 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. 512. (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. 513. 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. 514. 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. 515. (a) The Secretary of Homeland Security shall
research, develop, and procure new technologies to inspect and
screen air cargo carried on passenger aircraft by the earliest
date possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be utilized to screen air cargo carried on
passenger aircraft to the greatest extent practicable at each
airport until technologies developed under subsection (a) are
available.
(c) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air
carriers and airports to ensure that the screening of cargo
carried on passenger aircraft, as defined in section
44901(g)(5) of title 49, United States Code, increases
incrementally each quarter.
(d) Not later than 45 days after the end of each quarter, the
Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
report on air cargo inspection statistics by airport and air
carrier detailing the incremental progress being made to meet
the requirements of section 44901(g)(2) of title 49, United
States Code.
Sec. 516. 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. 517. 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. 518. (a)(1) Except as provided in paragraph (2), none of
the funds provided in this or any other Act shall be available
to commence or continue operations of the National Applications
Office until--
(A) the Secretary certifies in fiscal year 2009 that:
(i) National Applications Office programs comply with
all existing laws, including all applicable privacy and
civil liberties standards; and, (ii) that clear
definitions of all proposed domains are established and
are auditable;
(B) the Comptroller General of the United States
notifies the Committees on Appropriations of the Senate
and the House of Representatives and the Secretary that
the Comptroller has reviewed such certification; and
(C) the Secretary notifies the Committees of all
funds to be expended on the National Applications
Office pursuant to section 503 of this Act.
(2) Paragraph (1) shall not apply with respect to any use of
funds for activities substantially similar to such activities
conducted by the Department of the Interior as set forth in the
1975 charter for the Civil Applications Committee under the
provisions of law codified at section 31 of title 43, United
States Code.
(b) The Inspector General shall provide to the Committees on
Appropriations of the Senate and the House of Representatives,
starting six months after the date of enactment of this Act,
and quarterly thereafter, a classified report containing a
review of the data collected by the National Applications
Office, including a description of the collection purposes and
the legal authority under which the collection activities were
authorized: Provided, That the report shall also include a
listing of all data collection activities carried out on behalf
of the National Applications Office by any component of the
National Guard.
(c) None of the funds provided in this or any other Act shall
be available to commence operations of the National Immigration
Information Sharing Operation until the Secretary certifies
that such program complies with all existing laws, including
all applicable privacy and civil liberties standards, the
Comptroller General of the United States notifies the
Committees on Appropriations of the Senate and the House of
Representatives and the Secretary that the Comptroller has
reviewed such certification, and the Secretary notifies the
Committees on Appropriations of the Senate and the House of
Representatives of all funds to be expended on the National
Immigration Information Sharing Operation pursuant to section
503.
Sec. 519. 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. 520. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2008'' and inserting ``2009''.
Sec. 521. 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. 522. (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. 523. In fiscal year 2009, none of the funds made
available in this or any other Act may be used to enforce
section 4025(1) of Public Law 108-458 unless the Assistant
Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007,
that butane lighters are not a significant threat to civil
aviation security.
Sec. 524. 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. 525. (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, or 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 et seq.);
(2) under the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 252a(a)); or
(4) by another Federal agency using funds provided
through an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for 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 issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
applicable contract and an explanation of why the waiver
authority was used. 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
in the previous fiscal year through other than full and open
competition: Provided further, That in determining which
contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided
under 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. 526. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) declared disasters or emergencies.
Sec. 527. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to the
granting of the benefit have been received by United States
Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 528. 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. 529. None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 530. 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. 531. 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. 532. 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. 533. 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. 534. 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
under section 401 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 535. 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. 536. 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. 537. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September
30, 2008,'' and inserting ``Until September 30, 2009
and subject to subsection (d),'';
(2) by redesignating subsection (d) as subsection
(e); and
(3) by inserting after subsection (c) the following:
``(d) Additional Requirements.--
``(1) In general.--The authority of the Secretary
under this section shall terminate September 30, 2009,
unless before that date the Secretary--
``(A) issues policy guidance detailing the
appropriate use of that authority; and
``(B) provides training to each employee that
is authorized to exercise that authority.
``(2) Report.--The Secretary shall provide an annual
report to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the
House of Representatives detailing the projects for
which the authority granted by subsection (a) was used,
the rationale for its use, the funds spent using that
authority, the outcome of each project for which that
authority was used, and the results of any audits of
such projects.''.
Sec. 538. None of the funds made available in this Act may be
used for planning, testing, piloting, or developing a national
identification card.
Sec. 539. (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. 540. 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 gross 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: Provided further, That after the
completion of construction and environmental remediation, the
unexpended balances of funds appropriated for costs in the
preceding proviso shall be available for transfer to the
appropriate account for design and construction of a
consolidated Department of Homeland Security Headquarters
project, excluding daily operations and maintenance costs,
notwithstanding section 503 of this Act, and the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified 15 days prior to such transfer.
Sec. 541. Any official that is required by this Act to
report or certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 542. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available
under 31 U.S.C. 9703.2(g)(4)(B) from the Department of the
Treasury Forfeiture Fund to any agency within the Department of
Homeland Security: Provided, That none of the funds identified
for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
approve the proposed transfers.
Sec. 543. Section 520 of Public Law 108-90 (6 U.S.C. 469) is
amended--
(1) by inserting ``(a) Fees.--'' before ``For fiscal
year 2004 and thereafter''; and
(2) by adding at the end the following:
``(b) Recurrent Training of Aliens in Operation of
Aircraft.--
``(1) Process for reviewing threat assessments.--
Notwithstanding section 44939(e) of title 49, United
States Code, the Secretary shall establish a process to
ensure that an alien (as defined in section 101(a)(3)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)) applying for recurrent training in the
operation of any aircraft is properly identified and
has not, since the time of any prior threat assessment
conducted pursuant to section 44939(a) of such title,
become a risk to aviation or national security.
``(2) Interruption of training.--If the Secretary
determines, in carrying out the process established
under paragraph (1), that an alien is a present risk to
aviation or national security, the Secretary shall
immediately notify the person providing the training of
the determination and that person shall not provide the
training or if such training has commenced that person
shall immediately terminate the training.
``(3) Fees.--The Secretary may charge reasonable fees
under subsection (a) for providing credentialing and
background investigations for aliens in connection with
the process for recurrent training established under
paragraph (1). Such fees shall be promulgated by notice
in the Federal Register.''.
Sec. 544. (a) Not later than six months from the date of
enactment of this Act, the Secretary of Homeland Security shall
consult with the Secretaries of Defense and Transportation and
develop a concept of operations for unmanned aerial systems in
the United States national airspace system for the purposes of
border and maritime security operations.
(b) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the date of
enactment of this Act on any foreseeable challenges to
complying with subsection (a).
Sec. 545. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an
airport does not need to participate in the basic pilot
program, the Assistant Secretary shall certify to the
Committees on Appropriations of the Senate and the House of
Representatives that no security risks will result by such non-
participation.
Sec. 546. 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 Robert
T. Stafford Disaster Relief and Emergency Assistance 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 Robert T. Stafford Disaster Relief
and Emergency Assistance 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.
Sec. 547. For grants to States pursuant to section 204(a) of
the REAL ID Act of 2005 (division B of Public Law 109-13),
$50,000,000, to remain available until expended. In addition,
for developing an information sharing and verification
capability with States to support implementation of the REAL ID
Act, $50,000,000, to remain available until expended: Provided,
That none of the funds provided in this section for development
of the information sharing and verification system shall be
available to create any new system of records from the data
accessible by such information technology system, or to create
any means of access by Federal agencies to such information
technology system other than to fulfill responsibilities
pursuant to the REAL ID Act of 2005.
Sec. 548. Notwithstanding any other provision of law, the
Federal Emergency Management Agency shall reimburse Jones
County and Harrison County in the State of Mississippi under
section 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5173) for unreimbursed
costs relating to the removal of debris that were incurred by
such counties as a result of Hurricane Katrina in 2005.
Sec. 549. From the unobligated balances of prior year
appropriations made available for Transportation Security
Administration, $31,000,000 are rescinded: Provided, That the
Transportation Security Administration shall not rescind any
unobligated balances from the following programs: screener
partnership program; explosives detection systems; checkpoint
support; aviation regulation and other enforcement; air cargo;
and air cargo research and development.
Sec. 550. From the unobligated balances of prior year
appropriations made available for ``Analysis and Operations'',
$21,373,000 are rescinded.
Sec. 551. From unobligated balances of prior year
appropriations made available for Coast Guard ``Acquisition,
Construction, and Improvements'', $20,000,000 are rescinded:
Provided, That no funds shall be rescinded from prior year
appropriations provided for the National Security Cutter or the
Maritime Patrol Aircraft: Provided further, That the Coast
Guard shall submit notification in accordance with section 503
of this Act listing projects for which funding will be
rescinded.
Sec. 552. For fiscal year 2008, funds made available for
Federal Emergency Management Agency ``National Predisaster
Mitigation Fund'' shall be provided as detailed in the
explanatory statement accompanying Public Law 110-161.
Sec. 553. Section 203(m) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is
amended by striking ``September 30, 2008'' and inserting
``September 30, 2009''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2009''.
[Clerk's note: Reproduced below is the material relating to
division D contained in the ``Explanatory Statement Submitted
by Mr. Obey, Chairman of the House Committee on Appropriations,
Regarding the Amendment of the House of Representatives to the
Senate Amendment to H.R. 2638''.\1\
---------------------------------------------------------------------------
\1\This Explanatory Statement was submitted for printing in the
Congressional Record on September 24, 2008, prior to House
consideration of the amendment and as directed by the House of
Representatives in section 3 of H. Res. 1488. The Statement appears in
Book II of the September 24 Congressional Record, with the division D
portion beginning on page H9792.
---------------------------------------------------------------------------
The amendment discussed in the Explanatory Statement was
agreed to without change by both the House of Representatives
and the Senate. Therefore, the ``bill'' referred to in the
Statement is the same as the legislation that has been signed
into law.
Section 4 of the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act provides that
this Explanatory Statement ``shall have the same effect with
respect to the allocation of funds and implementation of this
Act as if it were a joint explanatory statement of a committee
of conference''.]
Explanatory Statement, Division D
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
The following is an explanation of the effects of Division
D, which makes appropriations for the Department of Homeland
Security for fiscal year 2009. As provided in section 4 of the
consolidated bill, this explanatory statement shall have the
same effect with respect to the allocation of funds and
implementation of this division as if it were a joint
explanatory statement of a committee of conference. The
language and allocations contained in House Report 110-862 and
Senate Report 110-396 should be complied with unless
specifically addressed to the contrary in the bill or this
explanatory statement. When this explanatory statement refers
to the Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House Subcommittee on
Homeland Security and the Senate Subcommittee on Homeland
Security.
While repeating some report language for emphasis, this
explanatory statement does not intend to negate the language
referred to above unless expressly provided herein. In cases
where both the House and Senate reports address a particular
issue not specifically addressed in the bill or explanatory
statement, the Committees have determined the House report and
the Senate report are not inconsistent and are to be
interpreted accordingly.
In cases where the House or Senate report directs the
submission of a report, a briefing shall be provided by January
30, 2009, in lieu thereof unless this statement directs
otherwise. If this statement directs the submission of a
report, such report shall be provided to the Committees on
Appropriations by April 6, 2009, unless otherwise directed.
Last, this explanatory statement refers to the following
laws and organizations as follows: Implementing Recommendations
of the 9/11 Commission Act of 2007, Public Law 110-53, is
referenced as the 9/11 Act; Security And Accountability For
Every Port Act of 2006, Public Law 109-347, is referenced as
the SAFE Port Act; the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-458, is referenced as
the Intelligence Reform Act; the Department of Homeland
Security is referenced as DHS; the Government Accountability
Office is referenced as GAO; and the Office of Inspector
General of the Department of Homeland Security is referenced as
OIG.
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this explanatory
statement.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and executive Management
The bill provides $123,456,000 for the Office of the
Secretary and Executive Management. Reductions are made to the
budget request due to a large number of vacancies and
unobligated balances within certain offices. Funding shall be
allocated as follows:
Immediate Office of the Secretary....................... $3,140,000
Immediate Office of the Deputy Secretary................ 1,400,000
Chief of Staff.......................................... 2,693,000
Office of Counternarcotics Enforcement.................. 3,718,000
Executive Secretary..................................... 7,448,000
Office of Policy........................................ 43,263,000
Office of Public Affairs................................ 5,991,000
Office of Legislative and Intergovernmental Affairs..... 4,997,000
Office of General Counsel............................... 20,114,000
Office of Civil Rights and Civil Liberties.............. 17,417,000
Citizenship and Immigration Services Ombudsman.......... 6,471,000
Privacy Officer......................................... 6,804,000
--------------------------------------------------------
____________________________________________________
Total....................................... 123,456,000
OFFICE OF COUNTERNARCOTICS ENFORCEMENT
The bill provides $3,718,000 for the Office of
Counternarcotics Enforcement. The Office of Counternarcotics
Enforcement is directed to submit a report to the Committees as
outlined in the Senate report. The Office is expected to
discontinue its practice of relying on contractors to meet its
congressional reporting requirements.
OFFICE OF POLICY
The bill provides $43,263,000 for the Office of Policy.
Within this amount, $500,000 has been provided above the budget
request to review visa waiver requests to ensure they meet
statutory and security criteria. The Office of Policy is
directed to submit an expenditure plan to the Committees within
60 days from the date of enactment of this Act as detailed in
the Senate report.
As discussed in the House report, the Office of Policy
shall brief the Committees on the status of implementing a plan
to coordinate all DHS screening and credentialing activities to
create a consistent, security risk-based framework; eliminate
redundant activities; more effectively use information
provided; and improve the experience for individuals applying
for these credentials.
The Office of Policy is directed to provide quarterly
briefings to the Committees on the status of the Western
Hemisphere Travel Initiative beginning not later than 30 days
after the date of enactment of this Act, as outlined in the
Senate report.
OFFICE OF PUBLIC AFFAIRS
The bill provides $5,991,000 for the Office of Public
Affairs and transfers funding for the Ready campaign to the
Federal Emergency Management Agency (FEMA). FEMA is better
positioned to educate the public on how to prepare for and
respond to potential emergencies.
OFFICE OF GENERAL COUNSEL
The bill provides $20,114,000 for the Office of General
Counsel. Consistent with fiscal year 2008 language, the Office
of General Counsel is urged to consider whether it would be
more productive to transfer to specific DHS components the
legal staff responsible for the ongoing work of those
components, while maintaining the affiliation of these staff
with the Office of General Counsel. This mechanism may expedite
necessary legal reviews because legal staff will specialize in
certain areas.
ENERGY SHORTFALLS
While the bill fully funds the Department's budget requests
for energy costs, fuel prices have skyrocketed since those
requests were submitted. For example, the Coast Guard and U.S.
Customs and Border Protection currently estimate additional
fiscal year 2009 fuel costs of approximately $90,000,000 and
$40,000,000 above the budget requests, respectively.
Department-wide, the current estimate for an increase in energy
costs is estimated at almost $140,000,000. However, despite
full acknowledgment of these shortfalls, the President has
failed to submit any formal amendment to the fiscal year 2009
budget request. Consequently, DHS will be forced to find
savings within its base appropriations to cover these costs,
with potentially severe consequences for other ongoing
activities. The failure to address such known shortfalls in
operational needs in the context of an official budget request
is an abdication of the President's budgetary responsibilities.
The Secretary is directed to submit a plan by December 1, 2008,
that includes estimates of the energy costs for all DHS
component agencies in fiscal year 2009 and identifies how these
shortfalls will be addressed.
DHS-GAO RELATIONS
The Department's July 2008 guidance on interactions with
the GAO does not ``significantly streamline'' the review
process for document and interview requests as required by
Public Law 110-161. The DHS guidance limits GAO's direct access
to program officials and requested documentation and instead
provides for centralized control and review by DHS liaisons and
attorneys. The Department shall submit to the Committees and
GAO, on a quarterly basis, a report itemizing all instances
where DHS did not provide information to GAO within 20 days or
did not arrange for interviews within seven days, including the
reasons for not meeting these timeframes. With respect to such
quarterly reports, GAO shall provide the Committees its
assessment of the validity of the DHS data and analysis. The
Department shall provide these reports within 15 days of the
end of each quarter, and GAO shall review the reports within 30
days of receiving them. The bill withholds $15,000,000 from
obligation until the Secretary submits the second quarterly
report.
DISTRIBUTION OF GRANT AWARDS
The bill withholds $10,000,000 from obligation until the
Secretary of Homeland Security, in coordination with the
Administrator of FEMA, certifies and reports to the Committees
that certain conditions regarding the process to incorporate
stakeholder input for grant guidance development and award
distribution have been met. DHS and FEMA are expected to ensure
that these grants are made in a timely fashion so that known
risks can be addressed expeditiously.
GREENHOUSE GAS EMISSIONS
By September 30, 2009, the Secretary shall provide to
Congress a detailed inventory of DHS's greenhouse gas emissions
and a plan to reduce these emissions.
BUDGET JUSTIFICATIONS
The congressional budget justifications for the Office of
the Secretary and Executive Management for fiscal year 2010
shall include the same level of detail as the table contained
at the end of this statement. All funding and staffing changes
for each office must be highlighted and explained and this
detail shall include separate discussions for personnel,
compensation and benefits; travel; training; and other
services. The number of permanent positions and full-time
equivalents (FTE) identified in the congressional budget
justification should tie to available and requested resources.
Finally, all proposals to move programs and funding from one
office to another should be clearly outlined in the
congressional budget justification.
WORKING CAPITAL FUND
DHS shall provide a separate fiscal year 2010 budget
justification for the Department's working capital fund (WCF)
that includes each activity, basis for pricing, FTEs, and an
explanation of how DHS is allocating funds in fiscal years 2009
and 2010 to each component. Bill language providing new
authority and requirements for the WCF is detailed in Title V
of this explanatory statement. All cross-cutting initiatives
shall be included within the WCF, unless the omission can be
fully justified and explained.
The fiscal year 2008 WCF charges were altered nine months
into the fiscal year, causing component agencies to delay
expenditures or reprogram funds to cover these unanticipated
charges. DHS must notify the Committees more promptly of any
additions, deletions, or changes that are made to the WCF
during the fiscal year that are subject to section 503 of this
Act. DHS should not fund any activities within the WCF that
have been disapproved previously.
DHS is in the process of studying the authority, structure,
governance, organization, business practices, and management of
the WCF. DHS shall provide the Committees with a copy of this
study when it is complete and shall address any recommendations
regarding cost allocation and billing consistency as part of
the fiscal year 2010 budget request.
QUARTERLY DETAILEE REPORTS
DHS shall continue to provide quarterly detailee reports,
as required in the Senate report.
Office of the Under Secretary for Management
The bill provides $191,793,000 for the Office of the Under
Secretary for Management. Funding shall be allocated as
follows:
Under Secretary for Management.......................... $2,654,000
Office of Security...................................... 60,882,000
Office of the Chief Procurement Officer................. 39,003,000
Office of the Chief Human Capital Officer............... 28,827,000
Human Resources......................................... 10,000,000
Office of the Chief Administrative Officer.............. 44,427,000
Nebraska Avenue Complex Facilities...................... 6,000,000
--------------------------------------------------------
____________________________________________________
Total....................................... 191,793,000
OFFICE OF THE CHIEF PROCUREMENT OFFICER
The bill provides $39,003,000 for the Office of the Chief
Procurement Officer (OCPO). In the past, funding has been
repeatedly increased to hire additional procurement
specialists, yet the Office has been slow in filling these
positions. As a result, the Committees are dissatisfied with
the amount of time it takes the Office of Procurement
Operations to review and approve contracts for component
agencies and act on procurement recommendations. For fiscal
year 2009, DHS shall conduct a two year pilot with the Science
and Technology (S&T) Directorate to determine whether assigning
more procurement responsibility to S&T will result in more
efficient procurements. Under the pilot, S&T will hire its own
contracting officers responsible for making procurement
recommendations and meeting performance metrics, while the DHS
Office of the Chief Procurement Officer will conduct
appropriate reviews to ensure that procurement actions are
aligned with DHS policies and procedures. The OCPO, in
conjunction with S&T, shall brief the Committees on the
implementation plan for this pilot within 30 days after the
date of enactment of this Act; on the progress of the pilot
within six months of enactment; and on the results of the pilot
after its completion.
As discussed in the House report, OCPO should identify more
opportunities for minority and small business enterprises.
DHS appears to be overly reliant on contractors, as
discussed in the Senate report. DHS should consider replacing
contractors with full-time government employees and brief the
Committees on the directives included in the Senate report no
later than March 30, 2009.
Due to the Coast Guard's failure to adequately oversee the
Deepwater program, the Secretary shall rescind the delegation
of acquisition authority provided to the Coast Guard for
Deepwater in order to keep oversight within the OCPO, as
recommended by GAO.
INVESTMENT REVIEW PROCESS
The Department's Investment Review Board (IRB), established
to ensure centralized, robust oversight across large-scale
investments, is not performing satisfactorily. It is unclear
which investments the IRB will review, how it intends to
oversee decisions on large procurements, how its decisions will
be monitored, and how necessary follow-up action will be taken.
The IRB may only be able to focus on a limited number of
critical procurements while DHS attempts to get the investment
review process on-track. With this in mind, the Deputy
Secretary shall ensure that the IRB reviews and oversees the
top 15 DHS investments, measured either by total cost,
criticality of the item or service being procured, and/or other
means determined by DHS. Within 45 days after the date of
enactment of this Act, the Deputy Secretary shall identify and
submit to the Committees a list of the investments to be
reviewed and a description of the formal investment review
processes the IRB will follow.
OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER
The bill provides $38,827,000 for the Office of the Chief
Human Capital Officer. Within the total appropriated is
$10,000,000 for human resources and $2,500,000 for new learning
initiatives. Funding has been reduced due to high unobligated
balances in this office. Due to numerous delays in the hiring
process administered by this Office, the Chief Human Capital
Officer shall provide monthly reports on the amount of time it
takes to fill vacancies within DHS, as outlined in the House
report.
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER
The bill provides $50,427,000 for the Office of the Chief
Administrative Officer (CAO). Of this total, $44,427,000 is for
the salaries and expenses of the CAO and $6,000,000 is for
facilities costs at the Nebraska Avenue Complex (NAC). This
funding level supports 11 additional FTEs to manage the
consolidation of DHS components on the St. Elizabeths west
campus. Funding for the first phase of the proposed
consolidation of DHS headquarters at the St. Elizabeths campus
is included within the Coast Guard's ``Acquisition,
Construction, and Improvements'' appropriation.
Since a significant portion of departmental offices are
scheduled to move to St. Elizabeths by 2016, with the first
moves beginning in 2013, the CAO shall minimize investments and
improvements made at the NAC that would need to be replicated
at the new headquarters. The CAO is directed to provide
semiannual briefings on anticipated spending at the NAC, the
first of which shall occur 60 days after the date of enactment
of this Act.
Office of the Chief Financial Officer
The bill provides $55,235,000 for the Office of the Chief
Financial Officer (CFO). The bill fully funds the CFO's
staffing request. Of this total, $18,189,000 has been provided
to the Transformation and Systems Consolidation project, a
slight reduction from the requested amount due to delays in
this project. The CFO shall brief the Committees on its
progress to establish a more reliable acquisition timeline for
this consolidation effort. Furthermore, the CFO shall comply
with recommendations made by the DHS Inspector General in OIG
08-47, which are intended to improve DHS's strategy to
consolidate its financial systems.
ANNUAL APPROPRIATIONS JUSTIFICATIONS
The CFO is directed to submit all of its fiscal year 2010
budget justifications (classified and unclassified) with
detailed information by appropriation account and program,
project, and activity (PPA) for all components of DHS. The CFO
must ensure that the annual appropriations justifications
include: (1) explicit information on all reimbursable
agreements and uses of the Economy Act; (2) adequate
justification for each increase, decrease, and staffing change;
(3) a listing of overdue Committee reports; and (4) a detailed
table identifying the last year authorizing legislation was
provided by Congress for each appropriation account, the amount
of the authorization, and the appropriation in the last year of
the authorization. Finally, the CFO shall not permit any DHS
component to alter the PPAs in the fiscal year 2010 budget
submission into any account structure other than that contained
in the funding recommendation table.
Office of the Chief Information Officer
The bill includes $272,169,000 for the Office of the Chief
Information Officer (CIO). Funding shall be allocated as
follows:
Salaries and Expenses................................... $86,928,000
Information Technology Activities....................... 44,945,000
Security Activities..................................... 92,623,000
Homeland Secure Data Network............................ 47,673,000
--------------------------------------------------------
____________________________________________________
Total, Chief Information Officer............ 272,169,000
INFORMATION TECHNOLOGY ACTIVITIES
The bill provides $44,945,000 for Information Technology
Activities, $2,500,000 more than requested. Additional funds
shall be used for the CIO's highest priority Enterprise
Architecture (EA) projects, including information technology
reviews, and to strengthen oversight and Departmental
compliance with EA policy. The CIO is directed to ensure that
all staff conducting EA oversight are Federal employees.
SECURITY ACTIVITIES
The bill provides $92,623,000 for Security Activities,
$22,300,000 more than the amount requested. This increased
funding is provided to support costs of transition to the
National Center for Critical Information Processing and
Storage.
CIO-LED INFORMATION TECHNOLOGY ACQUISITIONS
The Committee continues an existing requirement that the
CIO report on all information technology acquisitions financed
directly or managed by the CIO.
FEDERAL INFORMATION SECURITY AND MANAGEMENT ACT
DHS has made progress improving its performance on the
Federal Information Security and Management Act scorecard, but
must do more to improve its information security. The CIO is
directed to brief the Committees no later than April 6, 2009,
on the details of its information security priorities and
initiatives, as discussed in the Senate report.
ANALYSIS AND OPERATIONS
The bill includes $327,373,000 for Analysis and Operations.
As requested by the Department, the Committee has transferred
funding between appropriations for Analysis and Operations and
the Office of the Secretary and Executive Management, to
reflect the reassignment of the Secretary's briefing staff and
counter-terrorism planning staff.
DHS INTELLIGENCE EXPENDITURE PLAN
As detailed in the Senate report, no later than 60 days
after the date of enactment of this Act, the Secretary shall
submit a fiscal year 2009 expenditure plan for the Office of
Intelligence and Analysis, including balances carried forward
from prior years.
STATE AND LOCAL FUSION CENTERS
The Department's Chief Intelligence Officer is directed to
continue quarterly updates to the Committees that detail
progress in placing DHS intelligence professionals in State and
local fusion centers, as discussed in the Senate report.
CLASSIFIED PROGRAMS
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this statement.
Office of the Federal Coordinator for Gulf Coast Rebuilding
The bill provides $1,900,000 for the Office of the Federal
Coordinator for Gulf Coast Rebuilding (OFCGCR). OFCGCR is
expected to remain open until at least the end of fiscal year
2009. Of the amount provided, $50,000 is for OFCGCR to organize
a panel of housing experts, disaster response experts, and
urban planning experts to develop a framework for developing
and sustaining affordable rental housing in affected Gulf Coast
Communities. These experts shall be chosen as detailed in the
House report. OFCGCR is to report to the Committees on the
recommendations of this panel, and to submit a strategy and
timeline for implementing the most promising recommendations,
by December 30, 2008.
Office of Inspector General
The bill provides $98,513,000 for the Office of Inspector
General (OIG). In addition to this direct appropriation,
$16,000,000 may be transferred from the Disaster Relief Fund
(DRF) to the OIG to continue and expand audits and
investigations related to disasters. The OIG is required to
notify the Committees no less than 15 days prior to all
transfers from the DRF.
AUDIT REPORTS
The OIG is directed to forward copies of all audit reports
to the Committees when they are issued and to immediately make
the Committees aware of any review that recommends cancellation
of, or modification to, any major acquisition project or grant,
or that recommends significant budgetary savings. The OIG is
directed to withhold any final audit or investigation report
requested by the Committees from public distribution for a
period of 15 days.
OIG WEBSITE
The Secretary of the Department of Homeland Security is
directed to update and maintain the DHS OIG website link as
established on the DHS website.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
The bill includes $7,603,206,000 for U.S. Customs and
Border Protection (CBP) Salaries and Expenses. Of this amount,
$1,269,158,000 is for Headquarters, Management, and
Administration, including an additional $500,000 for three new
positions for conduct and integrity oversight, and an
additional $2,007,000 associated with 58 new positions for
trade programs, as specified in the Senate report. Within the
total appropriation, $2,561,099,000 is for Border Security
Inspections and Trade Facilitation, including: an additional
$200,000,000 to fund CBP Officer law enforcement retirement
costs, as identified by CBP; $62,800,000, as requested, to
support US-VISIT operations and equipment managed by CBP; an
additional $10,000,000 to enhance and expand the Global Entry
system; an additional $8,750,000 for 173 new CBP Officer
positions at air ports of entry for the final two months of the
fiscal year; an additional $28,282,000 for 561 new CBP Officer
positions for land ports of entry for the final two months of
the fiscal year; an additional $5,100,000 for 100 new
Agricultural Specialist positions for the final two months of
the fiscal year; an additional $2,553,000 for 58 new positions
for trade programs, as specified in the Senate report; an
additional $4,500,000 for a Joint Information and Intelligence
Fusion Center in Bellingham, Washington, of which not more than
$2,000,000 shall be available until September 30, 2010, and of
which up to $500,000 may be used for security training and
exercises in preparation for the 2010 Winter Olympics. The bill
does not require use of prior year unobligated balances of
Salaries and Expenses appropriations to fund fiscal year 2009
Inspections, Trade, and Travel Facilitation at Ports of Entry,
notwithstanding direction in the House report.
Within this appropriation, $145,944,000 is for inspection
and detection technology investments, reflecting an additional
$30,000,000 for the acquisition of new or replacement large-
scale non-intrusive inspection technology and a reduction of
$3,200,000 due to delayed radiation monitor deployments. A
total of $3,501,270,000 is included in this appropriation for
Border Security and Control Between Ports of Entry, including
an additional $1,950,000 for the transfer of up to 75 Border
Patrol agents to the Northern border, and a reduction of
$16,000,000 from the request due to expected delays in hiring
mission support staff. Finally, $271,679,000 in this
appropriation is for Air and Marine Personnel Compensation and
Benefits, including an additional $17,400,000 for 115 positions
to staff fully 11 new Marine Enforcement Units.
The following table specifies funding by budget program,
project, and activity:
Headquarters, Management, and Administration:
Management and Administration, Border Security
Inspections and Trade Facilitation................ $646,608,000
Management and Administration, Border Security and
Control between Ports of Entry.................... 622,550,000
--------------------------------------------------------
____________________________________________________
Subtotal, Headquarters, Management, and
Administration................................ 1,269,158,000
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports
of Entry.......................................... 2,093,988,000
Harbor Maintenance Fee Collection (Trust Fund)...... 3,154,000
Container Security Initiative....................... 149,450,000
Other International Programs........................ 10,984,000
Customs-Trade Partnership Against Terriorism........ 64,496,000
Free and Secure Trade (FAST)/NEXUS/SENTRI........... 11,274,000
Inspection and Detection Technology Investments..... 145,944,000
Automated Targeting Systems......................... 32,550,000
National Targeting Center........................... 24,481,000
Training............................................ 24,778,000
--------------------------------------------------------
____________________________________________________
Subtotal, Border Security Inspections and Trade
Facilitation.................................. 2,561,099,000
Border Security and Control between Ports of Entry:
Border Security and Control......................... 3,426,455,000
Training............................................ 74,815,000
--------------------------------------------------------
____________________________________________________
Subtotal, Border Security and Control between
POEs.......................................... 3,501,270,000
Air and Marine Personnel Compensation and Benefits...... 271,679,000
--------------------------------------------------------
____________________________________________________
Total....................................... $7,603,206,000
STAFFING AND RESOURCE REPORTS AND BRIEFINGS
CBP is directed to: (1) report and brief on Border Patrol
hiring and deployment statistics, and (2) share staffing and
resource information with port authorities and other
stakeholders at airports and land ports of entry, as specified
in the House report. In addition, CBP is directed to brief the
Committees not later than January 30, 2009, on how incentives
such as pay adjustments could be used to recruit and retain
Border Patrol agents and CBP Officers with language fluency
skills, as outlined in the House report.
GLOBAL ENTRY
CBP is directed to report to the Committees on its findings
from Global Entry airport pilots, as outlined in the House
report.
SUPPORT OF US-VISIT
CBP is directed to provide a detailed report, as part of
its fiscal year 2010 budget request, on its support of US-VISIT
technology and operations, as specified in the House report.
AUTOMATED TARGETING SYSTEM--PASSENGER (ATS-P)
CBP is directed to obligate no funds to enhance ATS-P until
the Commissioner certifies such enhancement complies with all
applicable laws, as specified in the House report.
TEXTILE TRANSSHIPMENT ENFORCEMENT
The bill includes $4,750,000 for textile transshipment
enforcement. CBP is directed to ensure that activities of its
Textile and Apparel Policies and Programs Office are maintained
at prior year levels, and to report in the fiscal year 2010
budget on execution of its five year plan, as specified in the
House report.
BORDER PATROL SELF-INSPECTION PROGRAM
CBP is directed to include in its fiscal year 2010 budget
submission a report on results for the annual Border Patrol
Self-Inspection Program, including data on processing and
treatment of unaccompanied alien minors encountered by the
Border Patrol, as specified in the House report.
INVASIVE PLANT SPECIES
CBP is directed to include in its fiscal year 2010 budget
submission a plan to eradicate Arundo donax and other invasive
plants in Texas border areas, as specified in the House report.
INFECTIOUS DISEASE INTERDICTION AND CONTROL
CBP is encouraged to explore with the Centers for Disease
Control and Prevention ways to improve CBP Officer training
related to infectious disease interdiction and control at ports
of entry, as outlined in the House report.
PROJECT SEAHAWK
Project SeaHawk is funded at $2,000,000. CBP is directed to
report on the impact of Project SeaHawk to date, and how it
will be funded and supported beyond fiscal year 2009, as
specified in the House report.
OPERATIONAL SUPPORT AND MISSION SUPPORT HIRING
CBP has informed the Committees that it is significantly
behind schedule for hiring operational support and mission
support personnel for Border Patrol operations, with 886
positions currently vacant. It therefore appears unlikely that
CBP will be able to hire the 441 additional operational support
and mission support positions requested for fiscal year 2009 or
address the current hiring lag. The bill reduces funding for
this purpose by $16,000,000. CBP is directed to intensify its
efforts, as specified in the Senate report, to hire previously
funded positions and enable Border Patrol agents to concentrate
on their enforcement missions, thus addressing a need made more
urgent by the termination of National Guard support under
Operation Jump Start. CBP is directed to report on this mission
support hiring effort as part of its quarterly hiring briefings
to the Committees.
CBP VEHICLE FLEET
DHS is directed to include with its fiscal year 2010 budget
submission a plan to replace at least 20 percent of the CBP
vehicle fleet annually, as well as the funding needed to
execute the plan, as specified in the Senate report.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT
The bill includes, within the amounts provided for in this
account, sufficient funds to administer the on-going
requirements of section 754 of the Tariff Act of 1930 (19
U.S.C. 1675c), referenced in subtitle F of title VII of the
Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat.
154).
CBP is directed to continue to work with the Departments of
Commerce and Treasury, and the Office of the United States
Trade Representative (and all other relevant agencies) to
increase collections, and provide a public report on an annual
basis, within 30 days of each year's distributions under the
law. The report should summarize CBP's efforts to collect past
due amounts and increase current collections, particularly with
respect to cases involving unfairly traded U.S. imports from
China. The report shall provide the amount of uncollected
duties for each antidumping and countervailing duty order, and
indicate the amount of open, unpaid bills for each such order.
In that report, the Secretary of Homeland Security, in
consultation with other relevant agencies, including the
Secretaries of Treasury and Commerce, should also advise as to
whether CBP can adjust its bonding requirements to further
protect revenue without violating U.S. law or international
obligations, and without imposing unreasonable costs upon
importers.
The Secretary of Homeland Security is directed to work with
the Secretary of Commerce to identify opportunities for the
Commerce Department to improve the timeliness, accuracy, and
clarity of liquidation instructions sent to CBP. Increased
attention and interagency coordination in these areas could
help ensure that steps in the collection of duties are
completed in a more expeditious manner.
CUSTOMS REVENUE STAFFING SHORTFALLS
CBP is directed to comply with the direction specified in
the Senate report regarding customs revenue staffing
shortfalls.
INSPECTION AND DETECTION TECHNOLOGY
CBP has informed the Committees that it does not intend to
acquire or refurbish additional large-scale non-intrusive
inspection (NII) technology in fiscal year 2008, despite the
need to replace at least 36 systems in the CBP inventory that
are no longer in operation or fail to meet minimum performance
standards set by CBP. In order to ensure that CBP attains the
most cost effective technology for inspection and detection
missions, the bill includes an additional $30,000,000 to
acquire new or replacement large-scale NII technology. CBP is
directed to use competitive acquisition practices to replace,
refurbish, or acquire large-scale NII systems, and to make all
such decisions, regardless of whether they result in new or
refurbished systems, based on comparisons of cost and
performance for all options.
CONTAINER SECURITY DEVICES
The bill includes language directing the Commissioner to
submit to the Committees, not later than 120 days after the
date of enactment of this Act, the results of operational field
testing of container security devices and a plan for
implementation and deployment of such devices, as applicable,
in high risk trade lanes.
AUTOMATION MODERNIZATION
The bill includes $511,334,000 for Automation
Modernization, as requested. Of this funding, not less than
$316,851,000 is provided for the Automated Commercial
Environment (ACE), of which $16,000,000 is included for the
International Trade Data System. Of the total provided for ACE,
$216,851,000 is unavailable for obligation until 30 days after
an expenditure plan is submitted to the Committees, as
specified in the House report. CBP is directed to continue
submitting quarterly reports to the Committees on progress in
implementing ACE.
TECS MODERNIZATION EXPENDITURE PLAN
CBP is directed to comply with direction specified in the
House and Senate reports regarding briefings and reports on
TECS modernization.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
The bill includes $775,000,000 for the integrated Border
Security Fencing, Infrastructure, and Technology (BSFIT)
account, as requested. Funds are available until expended. The
funding includes $120,000,000 for Program Management, including
$50,000,000 for environmental and regulatory requirements, and
$70,000,000 for personnel operations and support; $505,000,000
for Development and Deployment, of which $30,000,000 is for the
Border Interoperability Demonstration Project, and $40,000,000
is for Northern border security technology investment; and
$150,000,000 for Operations and Support. The latter funding
level reflects the Administration's downward revision from the
original $410,000,000 request for Operations and Support.
The bill makes $400,000,000 unavailable for obligation
until the Committees have received and approved an expenditure
plan that complies with conditions set forth in the bill, and
which has been reviewed by the GAO. The bill also makes no
funding available until the Secretary certifies that CBP has
complied with legal requirements for consultation with
communities, federal agencies and other stakeholders affected
by planned deployment of fencing and tactical infrastructure,
and also makes no funding available for projects for which the
Secretary has exercised statutory authority to waive various
environmental and other regulations and laws until 15 days
after public notice of such waiver. Finally, the bill makes
$100,000,000 available immediately to CBP for any BSFIT
purposes, notwithstanding any other provision in the bill.
REPORTING REQUIREMENTS TO THE COMMITTEES
CBP is directed to include, as part of the quarterly Secure
Border Initiative (SBI) reports, a report on technology
investment on the Northern border, as specified in the House
report. CBP is directed to provide a monthly report on BSFIT
obligations and expenditures, as specified in the House report.
CBP is directed to include, within the fiscal year 2009
expenditure plan and as specified in the House report, an
environmental plan and a report on mitigation efforts.
ESTABLISHMENT AND MAINTENANCE OF BORDER BARRIERS
CBP is directed to explain the rationale for its BSFIT
operations and maintenance budget, which it significantly
reduced from its original budget level. The explanation should
be included in the expenditure plan, and should also address
the significant shift in technology investment into fiscal
years 2009 and 2010, and implications for ongoing operations
and maintenance costs.
VEHICLES
CBP is directed to fund any requirements for vehicles for
the SBI Program Management Office or other activities funded in
this account through the CBP Salaries and Expenses
appropriation.
ANALYSIS OF ALTERNATIVES FOR BORDER INFRASTRUCTURE INVESTMENT
CBP is directed to comply with specifications in the House
report for the conduct of analyses of alternatives for
effective control of the border, as well as to ensure that CBP
identifies and evaluates alternatives proposed by stakeholders
as potential substitutes for tactical infrastructure.
GOVERNMENT ACCOUNTABILITY OFFICE REVIEW
GAO is directed to review the CBP process for consultation
on border infrastructure projects and how CBP carries out such
consultation, as specified in the House report.
TACTICAL COMMUNICATIONS
The Commissioner is directed to provide a plan, within 90
days of the date of enactment of this Act, detailing the
staffing, equipment, and funding necessary to complete the
build out of the Border Patrol Tactical Communications program
by the end of fiscal year 2013.
EXPENDITURE PLAN CERTIFICATIONS
The fiscal year 2008 BSFIT expenditure plan submitted by
the Department did not comply with requirements of the law;
specifically, it failed to include required information in
support of several certifications or provided only conditional
certifications. The Department is directed to ensure that
certifications submitted in support of future expenditure plans
include all supporting documentation, address current and
prospective elements of the program, and not be conditional in
nature.
The following table specifies funding by budget program,
project, and activity:
Development and Deployment:
Technology and Infrastructure Investment............ $435,000,000
Border Interoperability Demonstration Project....... 30,000,000
Northern border Technology Investment............... 40,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Development and Deployment............ 505,000,000
Operations and Support (Integrated Logistics)........... 150,000,000
Program Management:
Personnel Operations and Support.................... 70,000,000
Regulatory and Environmental Requirements........... 50,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Program Management.................... 120,000,000
--------------------------------------------------------
____________________________________________________
Total, Border Security Fencing,
Infrastructure, and Technology............ 775,000,000
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
The bill includes $528,000,000 for Air and Marine
Interdiction, Operations, Maintenance, and Procurement, as
requested. This includes $380,022,000 for Operations and
Maintenance, and $147,978,000 for Procurement. Within the above
amounts are $26,600,000 for Northern border air branches and
$5,000,000 for the Wireless Airport Surveillance Platform to
address private aircraft enforcement system noncompliance. The
bill makes $18,000,000 available only when a concept of
operations for the deployment of unmanned aerial systems (UAS)
has been established, as required in section 544 of this Act.
UAS DEPLOYMENT PLAN
CBP is directed to provide the comprehensive report on
plans for UAS deployment as specified in the House report.
CONSTRUCTION
The bill includes $403,201,000 for Construction, including
$39,700,000 for the Advanced Training Center. The bill requires
that, beginning with the fiscal year 2010 budget submission and
thereafter, CBP shall, in consultation with the General
Services Administration, include a five-year plan for all
Federal land border port of entry projects. CBP is directed to
execute its construction plans as reflected in the table
included in the Senate report, or to notify the Committees of
any changes, as appropriate, pursuant to the reprogramming and
transfer provisions in this Act.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
The bill includes $4,927,210,000 for U.S. Immigration and
Customs Enforcement (ICE) Salaries and Expenses. Within the
total budget for Salaries and Expenses, $1,000,000,000 is for
efforts to identify individuals illegally present in the United
States who have criminal records, whether incarcerated or at-
large, and to remove those aliens once they have been judged
deportable in immigration court.
The bill also provides $1,519,208,000 for ICE's domestic
investigatory responsibilities, funding nearly all of the
program increases requested by the President while also
expanding several critical initiatives, as discussed below.
Given these significant new resources provided for
investigations, ICE is expected to strengthen its ability to
demonstrate how these resources are being used effectively.
The bill includes language regarding OIG reviews of 287(g)
agreements, use of detention services after a facility has
received performance evaluations of less than adequate, and ICE
authorities provided under 8 U.S.C. 1101(a)(17).
The following table specifies funding levels by budget
activity:
Headquarters Management and Administration:
Personnel Compensation and Benefits, Service, and
Other Costs....................................... $203,076,000
Headquarters Managed IT Investment.................. 169,348,000
--------------------------------------------------------
____________________________________________________
Subtotal, Headquarters Management and
Administration................................ 372,424,000
Legal Proceedings....................................... 215,035,000
Domestic Investigations................................. 1,519,208,000
International:
International Investigations........................ 106,741,000
Visa Security Program............................... 26,800,000
--------------------------------------------------------
____________________________________________________
Subtotal, International......................... 133,541,000
Intelligence............................................ 55,789,000
Detention and Removal Operations:
Custody Operations.................................. 1,721,268,000
Fugitive Operations................................. 226,477,000
Criminal Alien Program.............................. 189,069,000
Alternatives to Detention........................... 63,000,000
Transportation and Removal Program.................. 281,399,000
--------------------------------------------------------
____________________________________________________
Subtotal, Detention and Removal Operations...... 2,481,213,000
Additional funding for Comprehensive Identification and
Removal of Criminal Aliens (CIRCA).................. 150,000,000
--------------------------------------------------------
____________________________________________________
Total, ICE Salaries and Expenses............ 4,927,210,000
PRIORITIZING THE REMOVAL OF DEPORTABLE CRIMINAL ALIENS
In the Department of Homeland Security Appropriations Act,
2008, the Congress provided ICE $200,000,000 to identify aliens
convicted of crimes and sentenced to imprisonment, and to
remove from the country those individuals judged deportable.
Within its plan to carry out this mandate, ICE estimated it
would cost between $900,000,000 and $1,100,000,000 annually to
find and deport the most dangerous and violent criminals judged
deportable.
The bill recognizes the complex mix of programs and
priorities that ICE faces by providing a significant funding
increase for the agency's overall operations. The bill requires
that within the resources provided to ICE $1,000,000,000 shall
be to address the compelling need to remove from the United
States deportable criminal aliens, whether in custody or at-
large. Of this amount, $150,000,000 is additional funding that
was not requested by the President and $850,000,000 is from
within existing ICE programs to strengthen the agency's focus
on this challenge.
The bill requires ICE to report to the Committees on
exactly how it will allocate the funds provided for this
purpose, and to provide quarterly updates on its expenditures
and progress toward identifying and removing all deportable
criminal aliens. Within 30 days after the date of enactment of
this Act, ICE shall submit a report detailing how the agency
will utilize the additional $150,000,000 provided in the bill,
as well as an explicit plan for how ICE will allocate
$850,000,000 of existing program resources to the
identification and removal of deportable criminal aliens. As
discussed in the House report, ICE should clearly identify
activities across the entire range of its programs and explain
how they are focused on efforts to identify and remove
deportable criminal aliens.
ICE INVESTIGATIONS
The bill provides $1,519,208,000 for ICE domestic
investigations and $133,541,000 for ICE international
investigations. Within these amounts, $22,100,000 is provided
as requested to expand a variety of investigatory programs.
Additional resources are allocated to the following programs:
$6,000,000 for transnational gang enforcement; $8,400,000 for
the visa security program, as discussed in the Senate report;
and $3,000,000 for cyber crime investigations.
The budget structure for ICE domestic investigations is
reflected at the same aggregate level as in prior
appropriations. In the past, ICE has been unable to detail how
it allocates resources within the Office of Investigations
(OI), sets investigatory priorities, or measures the
performance of units within OI. ICE is directed to submit,
within 30 days after the date of enactment of this Act, a
detailed expenditure plan for the investigations budget that
reflects the agency's priorities and resource allocations, and
to provide quarterly reports on the execution of this plan
within 30 days of the close of each quarter of the fiscal year.
In addition, ICE is directed to provide the same level of
detail in the congressional justification documents for the
fiscal year 2010 investigations budget.
The budget for ICE international investigations is split
into two separate programs in fiscal year 2009: the visa
security program (VSP) and other international investigations.
Because of the importance of VSP, and the significant expansion
funded in fiscal year 2009, ICE and the Committees need this
additional detail to monitor how the agency aligns its
resources to mission requirements and operations.
ICE WORKSITE ENFORCEMENT
The bill provides $126,515,000 for worksite enforcement
investigations, an increase of $34,300,000 over the request
level, as discussed in the Senate report.
ICE RESOURCE ALLOCATIONS
GAO is directed to review ICE resource allocations as
discussed in the House report.
COORDINATION OF BUDGET SUBMISSIONS FOR THE IMMIGRATION SYSTEM
When DHS implements new civil and criminal immigration
enforcement initiatives, other elements of the justice system
may not have been able to plan or budget for how these DHS
initiatives will impact their own workload and resource needs.
An efficient justice system requires coordination between many
elements including investigative agents, U.S. Attorneys, U.S.
Marshals, the Office of the Federal Detention Trustee, district
courts, probation and pretrial services officers, defender
services, the Federal Prison System, and the Executive Office
of Immigration Review (EOIR). The Administration is expected to
improve its budgeting for immigration initiatives to ensure
that all elements of the civil and criminal justice system have
sufficient resources to implement DHS enforcement programs.
Specifically, in order to ensure success of the effort to
remove criminal aliens, resource requests for EOIR and ICE must
be coordinated.
ICE INTELLIGENCE
The bill provides an additional $2,833,000 for ICE Field
Intelligence Groups, as discussed in the Senate report.
DETENTION BED SPACES
The bill provides funding for 1,400 additional detention
beds and associated staffing at ICE, which will allow the
agency to detain up to 33,400 individuals on a daily basis.
DETENTION CENTER MEDICAL SERVICES
The bill provides an additional $2,000,000 for the Office
of Professional Responsibility in 2009 for ICE to undertake
immediately a review of the medical care provided to people
detained by DHS. This review should be carried out as discussed
in the House report. In addition, ICE should immediately
implement the GAO recommendations to improve its medical
services, as discussed in the Senate report.
STATE AND LOCAL PROGRAMS
The bill provides a total of $99,653,000 for State and
local programs, $2,200,000 more than requested. Within this
total, $54,130,000 is for the 287(g) program, including
$5,000,000 for compliance reviews conducted by the Office of
Professional Responsibility. ICE is strongly encouraged to
prioritize new 287(g) agreements that will maximize the
identification and removal of deportable criminal aliens. As
requested, $11,286,000 is provided for the Forensics Document
Laboratory. The bill also provides $34,237,000 for the Law
Enforcement Support Center (LESC), an additional $2,200,000,
which should be used to fund conversion of LESC employees from
job category 1802 to job category 1801.
TEXTILE TRANSSHIPMENT ENFORCEMENT
As discussed in the Senate report, the bill includes
$4,750,000 for textile transshipment enforcement, as authorized
by section 352 of the Trade Act of 2002. Concurrent with its
fiscal year 2010 budget submission, ICE should report on this
activity as discussed in the House report.
ALTERNATIVES TO DETENTION
The bill provides $63,000,000, $7,209,000 above the
request, for Alternatives to Detention programs.
INAPPROPRIATE TREATMENT OF CHILDREN IN ICE CUSTODY
The OIG is directed to review ICE practices for determining
the age of those in its custody, and to report to the
Committees on Appropriations on any cases in fiscal years 2008
or 2009 where ICE used dental or skeletal examinations to
determine a child's age.
TRANSPORTATION OF UNACCOMPANIED ALIEN MINORS
In conjunction with the Office of Management and Budget
(OMB) and the Department of Health and Human Services (HHS),
DHS is directed to submit a report to the Committees no later
than March 1, 2009, recommending which agency is the most
appropriate to fund transportation of unaccompanied alien
minors between DHS and HHS custody. In addition, starting no
later than April 6, 2009, ICE, in conjunction with the HHS
Office of Refugee Resettlement, should provide semi-annual
briefings to the Committees on the implementation of the
recommendations. For fiscal year 2009, the bill provides
sufficient resources to DHS to pay for this transportation
responsibility.
ICE HEADQUARTERS MANAGEMENT AND ADMINISTRATION
The bill provides an increase of $987,000 for ICE Training
Consolidation and Integration, and $7,000,000 for efforts to
co-locate ICE field facilities.
HUMAN RIGHTS LAW DIVISION
As discussed in the House report, an additional $500,000 is
provided within the budget for the ICE Office of the Principal
Legal Advisor to continue expansion of the Human Rights Law
Division.
DETENTION AND REMOVAL REPORTING
ICE is directed to continue to submit quarterly reports on
detention and removal statistics, as discussed in the Senate
report.
SPECIAL INTEREST ALIENS
Within 45 days after the date of enactment of this Act, ICE
is directed to provide a classified briefing on special
interest aliens, as discussed in the Senate report.
STUDENT AND EXCHANGE VISITOR PROGRAM
ICE is directed to ensure that additional revenues
collected through higher Student and Exchange Visitor Program
fees improve customer service for both students and academic
institutions, as discussed in the House report.
FEDERAL PROTECTIVE SERVICE
Funding for the Federal Protective Service (FPS) is
provided through a security fee charged to all GSA building
tenants in FPS-protected buildings. Pursuant to the increased
security fees announced on February 28, 2008, the bill
estimates that FPS will collect and spend $640,000,000 in
fiscal year 2009, which is $24,000,000 more than estimated in
the budget.
FEDERAL PROTECTIVE SERVICE POLICE
The bill includes a provision maintaining FPS police
staffing at the levels mandated by the Department of Homeland
Security Appropriations Act, 2008. The bill also requires the
Director of OMB to certify in writing that fees in fiscal year
2009 will be sufficient to support the FPS police staffing
levels.
AUTOMATION MODERNIZATION
The bill provides $57,000,000 for Automation Modernization,
as requested, which funds a variety of ICE technology
investments critical to the future of the agency.
TECS MODERNIZATION
The bill provides $15,700,000, as requested, for TECS
modernization. As discussed in the Senate report, ICE shall
report to the Committees on its efforts in this area.
CONSTRUCTION
The bill provides an additional $5,000,000 for ICE
construction, which funds basic and emergency maintenance at
ICE-owned detention facilities.
Transportation Security Administration
AVIATION SECURITY
(INCLUDING TRANSFER OF FUNDS)
The bill provides $4,754,518,000 for Aviation Security. In
addition to the amounts appropriated, a mandatory appropriation
totaling $250,000,000 is available through the Aviation
Security Capital Fund. Bill language is included to reflect the
collection of $2,320,000,000 from aviation user fees, as
authorized. The following table specifies funding by budget
activity:
Screener Workforce:
Privatized screening................................ $151,272,000
Passenger and baggage screeners, personnel,
compensation and benefits......................... 2,716,014,000
--------------------------------------------------------
____________________________________________________
Subtotal, screener workforce.................... 2,867,286,000
Screening training and other............................ 197,318,000
Checkpoint support...................................... 250,000,000
EDS/ETD Systems:
EDS procurement and installation.................... 294,000,000
Screening technology maintenance and utilities...... 305,625,000
Operation integration............................... 21,481,000
--------------------------------------------------------
____________________________________________________
Subtotal, EDS/ETD systems....................... 621,106,000
Subtotal, screening operations.................. 3,935,710,000
Aviation Security Direction and Enforcement:
Aviation regulation and other enforcement........... 245,268,000
Airport management and support...................... 401,666,000
Federal flight deck officer and flight crew training 25,025,000
Air cargo........................................... 122,849,000
Airport perimeter security.......................... 4,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, aviation security direction and
enforcement................................... 798,808,000
Implementing Requirements of the 9/11 Act............... 20,000,000
--------------------------------------------------------
____________________________________________________
Total, Aviation Security.................... 4,754,518,000
IMPLEMENTING REQUIREMENTS OF THE 9/11 ACT
The bill includes $1,119,112,836 within the total
appropriation provided to the Transportation Security
Administration (TSA) for activities and requirements authorized
by the 9/11 Act, including: $544,000,000 for the procurement
and installation of explosives detection systems at airports;
$122,849,000 for air cargo security; $30,000,000 to expand
Visible Intermodal Protection and Response Teams; $390,663,836
for specialized screening programs (travel document checkers,
behavior detection officers, bomb appraisal officers, and
officers to randomly screen more airport and airline
employees); $11,600,000 for surface transportation inspectors;
and $20,000,000 to implement regulations and other new
activities authorized by the 9/11 Act. TSA shall use the
$20,000,000 to: conduct vulnerability assessments of high risk
public transportation agencies, railroads, and over-the-road
bus operators; conduct additional security exercises for public
transportation, over-the-road bus, and railroad employees; hire
additional surface transportation security inspectors;
establish and implement an information sharing plan for
transportation security and an Information Sharing and Analysis
Center for transportation security; conduct security reviews of
foreign repair stations; develop procedures and initial
implementation of a law enforcement officer biometric
credential; and improve security at general aviation airports.
TSA shall report to the Committees 90 days after the date of
enactment of this Act on the proposed allocation of these funds
at the account and PPA level.
PRIVATIZED SCREENING
The bill provides $151,272,000 for Privatized Screening.
TSA is directed to approve applications for those airports that
are seeking to participate in the screening partnership program
and to provide screener services to airports that become
eligible in fiscal year 2009. TSA shall notify the Committees
if the agency expects to spend less than the appropriated
amount due to situations where no additional airports express
interest in converting, either fully or partially, to
privatized screening, or where airports currently using
privatized screening convert to using federal screeners. TSA
shall adjust its PPA line items, and notify the Committees
within ten days, to account for any changes in private
screening contracts, and screener personnel, compensation and
benefits to reflect the award of contracts under the screening
partnership program, or the movement from privatized screening
into federal screening.
WAIT TIMES
Consistent with prior years, TSA shall continue to submit
airport wait time data on a quarterly basis for domestic
airports with above-average wait times and for the top 40
busiest airports. As part of these reports, TSA shall explain
any dramatic shift in wait times and what is being done to
reduce wait times at these airports. TSA shall not alter its
current 10 minute standard.
CHECKPOINT SUPPORT
The bill provides $250,000,000 for Checkpoint Support to
deploy a number of emerging technologies to screen airline
passengers and carry-on baggage for explosives, weapons, and
other threat objects by the most advanced equipment currently
under development. TSA is directed to spend funds on multiple
whole body imaging technologies including backscatter and
millimeter wave as directed in the Senate report. TSA shall
provide an expenditure plan not later than 60 days after the
date of enactment of this Act, as discussed under
Transportation Security Support.
STERILE AREA ACCESS
Currently TSA is studying the feasibility of a sterile area
access system at three pilot airports and expects these pilots
to be concluded in fiscal year 2008. TSA is directed to notify
the Committees on the results of these pilots after the agency
evaluates whether throughput is improved with separate sterile
area screening for airline crews, identifies what problems may
occur in real time environments in which crew are screened
separately from passengers, and evaluates resource and funding
needs. If TSA determines that this program merits expansion,
checkpoint support funds may be used for this purpose after
notifying the Committees.
EXPLOSIVES DETECTION SYSTEMS
The bill provides a total of $544,000,000 for Explosives
Detection Systems (EDS) procurement and installation. Within
the total funding for EDS procurement and installation,
$294,000,000 is appropriated in this Act and $250,000,000 is
derived from mandatory funding from the Aviation Security
Capital Fund. Within the funds provided, not less than
$84,500,000 shall be available to procure and deploy certified
EDS at medium- and small-sized airports. The purchase of the
screening equipment for medium- and small-sized airports must
be competitively awarded. Any award to deploy explosives
detection systems must be based on risk, the airports current
reliance on other screening solutions, lobby congestion
resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
TSA shall provide an expenditure plan to the Committees not
later than 60 days after the date of enactment of this Act, as
discussed under Transportation Security Support. If new
requirements occur after the plan is submitted, TSA shall
reassess and reallocate funds after notifying the Committees of
any change. As discussed in the Senate report, TSA shall
provide quarterly updates on EDS and checkpoint expenditures,
on an airport-by-airport basis. These updates shall include
information on the specific technologies for purchase, project
timelines, a schedule for obligation, and a table detailing
actual versus anticipated unobligated balances at the close of
the fiscal year, with an explanation of any deviation from the
original plan.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES
The bill provides $305,625,000 for Screening Technology
Maintenance and Utilities, of which $4,400,000 can be used for
costs related to the disposal of screening equipment no longer
in service. Because of persistent cost escalations in this
area, TSA shall provide a report to the Committees on
maintenance and utility costs for screening technologies and
identify ways that these costs may be controlled in the future.
THREAT CONTAINMENT UNITS
TSA is encouraged to review the efficacy of its current
inventory of threat containment units (TCUs) and, as necessary,
test and evaluate next generation TCU technologies. TSA should
report to the Committees on whether TCUs should be part of its
explosives detection operations and if so, whether additional
units are needed.
GENERAL AVIATION
As part of its efforts to address vulnerabilities in
general aviation security, TSA is directed to report to the
Committees on the execution of fiscal year 2008 general
aviation training and education program funding.
AIR CARGO
The bill provides $122,849,000 for Air Cargo. Within the
funds provided, $18,000,000 shall be used to expand technology
pilots to evaluate the effectiveness of air cargo screening and
for auditing indirect air carriers, shippers, and distribution
centers participating in the certified shipper program. No
later than 60 days after the date of enactment of this Act, TSA
shall submit an expenditure plan to the Committees on the
allocation of air cargo funds, including carryover. This plan
should detail efforts to develop new covert testing protocols,
data related to cargo strike team augmentation, the location
and number of canine teams deployed, and the specific screening
technologies deployed for air cargo. In addition, TSA is
directed to brief the Committees on its certified shipper pilot
program before it moves to a nationwide rollout. This briefing
should detail the processes for securing air cargo through the
supply chain, and schedule, milestones, and performance
measures for the program.
Within the fiscal year 2007 supplemental appropriation
(Public Law 110-28), funding was provided for TSA to assess air
cargo vulnerabilities at the largest (Category X) airports. TSA
is directed to brief the Committees no later than March 1,
2009, on the results of the completed airport vulnerability
assessments, as detailed in the Senate report. If vulnerability
assessments have not been completed at all of the largest
airports, TSA shall brief the Committees again once all work
has been concluded.
SURFACE TRANSPORTATION SECURITY
The bill provides $49,606,000 for Surface Transportation
Security. Within this total, $24,885,000 is for surface
transportation staffing and operations and $24,721,000 is for
rail security inspectors and canines.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
The bill provides a direct appropriation of $116,018,000
for Transportation Threat Assessment and Credentialing. In
addition, TSA anticipates it will collect $40,000,000 in fees.
Funding is provided as follows:
Direct Appropriations:
Secure flight....................................... $82,211,000
Crew and other vetting.............................. 33,807,000
--------------------------------------------------------
____________________________________________________
Subtotal, direct appropriations................. 116,018,000
Fee Collections:
Registered traveler................................. 10,000,000
Transportation worker identification credential..... 9,000,000
Hazardous materials................................. 18,000,000
Alien flight school (transfer from DOJ)............. 3,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, fee collections....................... 40,000,000
SECURE FLIGHT
The bill provides $82,211,000 for Secure Flight. No funding
shall be used for Secure Flight cutover operations until GAO
reports that all ten statutory conditions necessary for
certification have been met.
CREW AND OTHER VETTING
The bill provides $33,807,000 for Crew and Other Vetting
programs. Within the total appropriation, $12,500,000 is
provided for vetting infrastructure enhancements necessary to
perform mandated vetting operations on populations that require
access to critical infrastructure. TSA shall report to the
Committees about the progress it has made to carry out this
mandate, the necessary vetting infrastructure investments to
increase capacity, estimated life cycle costs and timelines. No
funds appropriated for crew and other vetting programs may be
used to supplement the Secure Flight program beyond the amount
specifically appropriated unless TSA submits a reprogramming or
transfer request in accordance with section 503 of this Act.
TRANSPORTATION SECURITY SUPPORT
The bill provides $947,735,000 for Transportation Security
Support. Funding is provided as follows:
Headquarters administration............................. $234,870,000
Human capital services.................................. 218,105,000
Information technology.................................. 472,799,000
Intelligence............................................ 21,961,000
--------------------------------------------------------
____________________________________________________
Total, Transportation Security Support...... 947,735,000
EXPENDITURE PLANS
The bill includes language requiring TSA to submit detailed
expenditure plans to the Committees for checkpoint support and
explosives detection systems procurement, refurbishment, and
installation on an airport-by-airport basis for fiscal year
2009. These plans are due no later than 60 days after the date
of enactment of this Act. The bill withholds $20,000,000 for
headquarters administration from obligation until the detailed
expenditure plans are received.
VISIBLE INTERMODAL PROTECTION AND RESPONSE TEAMS
The bill provides a total of $30,000,000 for Visible
Intermodal Protection and Response (VIPR) teams. This funding
is contained within appropriations for Aviation Security,
Surface Transportation Security, and Federal Air Marshals. TSA
shall develop and report on performance standards to measure
the success of its VIPR teams in detecting and disrupting
terrorism. In addition, this report shall identify the
methodology used to determine the distribution of VIPR
resources and personnel among the various modes of
transportation.
RISK ASSESSMENTS
The Secretary shall submit a report on risk-based
priorities based on risk assessments across all transportation
modes as discussed in the Senate report. In addition, the
Secretary shall submit supporting documentation on how the risk
assessments were used to allocate resources for each mode as
directed in the Senate report. Both reports can be submitted in
a classified or unclassified format.
FEDERAL AIR MARSHALS
The bill provides $819,481,000 for the Federal Air
Marshals, including VIPR activities. Within the total
appropriation provided, $725,081,000 is for management and
administration and $94,400,000 is for travel and training. TSA
shall continue to provide quarterly reports on the mission
coverage, staffing levels, and hiring rates as directed in
previous appropriations Acts.
Coast Guard
OPERATING EXPENSES
The bill provides $6,194,925,000 for Operating Expenses
(OE). Of this amount, $340,000,000 is available for defense-
related activities; $3,600,000 is for the Operations Systems
Center; and not to exceed $20,000 is provided for reception and
representation expenses. The bill allows OE funds to be used to
purchase or lease small boats. Funding for operating expenses
shall be allocated as follows:
Military pay and allowances:
Military pay and allowances......................... $2,576,170,000
Military health care................................ 352,469,000
Permanent change of station......................... 133,024,000
--------------------------------------------------------
____________________________________________________
Subtotal, military pay and allowances........... 3,061,663,000
Civilian pay and benefits............................... 645,350,000
Training and recruiting:
Training and education.............................. 95,989,000
Recruitment......................................... 99,930,000
--------------------------------------------------------
____________________________________________________
Subtotal, training and recruiting............... 195,919,000
Operating funds and unit level maintenance:
Atlantic Command.................................... 175,823,000
Pacific Command..................................... 196,112,000
1st District........................................ 59,069,000
5th District........................................ 21,792,000
7th District........................................ 77,391,000
8th District........................................ 46,916,000
9th District........................................ 31,595,000
11th District....................................... 17,645,000
13th District....................................... 22,931,000
14th District....................................... 19,099,000
17th District....................................... 30,979,000
Headquarters directorates........................... 318,642,000
Headquarters managed units.......................... 158,616,000
Other activities.................................... 796,000
--------------------------------------------------------
____________________________________________________
Subtotal, operating funds and unit level
maintenance................................... 1,177,406,000
Centrally managed accounts.............................. 262,294,000
Intermediate and depot level maintenance:
Aeronautical........................................ 310,207,000
Electronic.......................................... 133,777,000
Civil/ocean engineering and shore facilities
maintenance....................................... 178,363,000
Vessel.............................................. 196,446,000
Maintenance Backlog................................. 5,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, intermediate and depot level
maintenance................................... 823,793,000
Port and maritime safety and security enhancements...... 23,500,000
Aviation mission hour gap............................... 5,000,000
--------------------------------------------------------
____________________________________________________
Total, Operating Expenses................... 6,194,925,000
Port and Maritime Safety and Security
A total of $23,500,000 is provided for port and maritime
safety and security enhancements. This funding shall be used:
for additional watchstanders, boats, and marine inspection
staff; to conduct testing of Area Contingency Plans; to
increase maritime casualty investigations; to increase armed
boat escorts and security boardings; and to increase terminal
inspections of Certain Dangerous Cargoes transport and
delivery. The Coast Guard is directed to provide a plan no
later than 60 days after the date of enactment of this Act on
how this funding will be allocated. In addition, the Coast
Guard is directed to comply with House report language
regarding the Vessel Tracking System and the Ports and
Waterways Safety System.
INCREASED OPERATIONAL HOURS FOR COASTAL PATROL BOATS
A total of $4,150,000 is provided to increase operational
hours of the 87-foot patrol boats. The Coast Guard is directed
to brief the Committees on the results of this effort six
months after it is put into operation.
AVIATION MISSION HOUR GAP
A total of $5,000,000 is provided to help address the
aviation mission hour gap. The Coast Guard is directed to
provide a plan no later than 60 days after the date of
enactment of this Act on how this funding will be allocated. In
addition, the Coast Guard is directed to provide a report
regarding maritime surveillance mission needs in the Air
Station Borinquen area of responsibility.
MAGNET
The Coast Guard is directed not to begin operations of the
Maritime Awareness Global Network (MAGNet) until the Commandant
certifies that this system complies with all applicable laws
and such certification is reviewed by the Inspector General.
MAINTENANCE BACKLOGS
Additional funding of $5,000,000 is provided to address the
Coast Guard's substantial cutter, aircraft, and shore
maintenance backlogs. The Coast Guard is directed to provide
the legacy cutter maintenance cost analysis detailed in the
House report.
TRAINING AND RECRUITING
The Coast Guard is directed to submit its Climate
Management Plan to the Committees.
ENERGY SHORTFALLS
Due to increasing energy prices since the fiscal year 2009
budget was submitted, the Coast Guard has $90,562,000 in
increased funding requirements for which no funding has been
requested. This shortfall will have a considerable impact on
Coast Guard operations and the Coast Guard has not been able to
tell the Committees how it will deal with this impact. The
Coast Guard is directed to update the Committees at regular
intervals throughout the year on the impact of high energy
costs on its ability to meet mission requirements and on the
steps it has taken to minimize these impacts.
PERSONNEL
No funding is included for acquisition personnel within the
OE appropriation. Bill language is included to allow the Coast
Guard to transfer up to five percent of the OE appropriation to
the Acquisition, Construction, and Improvements (AC&I)
appropriation for personnel, compensation, and benefits with
notice to the Committees within 10 days of the transfer.
Similar bill language is included in the AC&I appropriation
allowing these funds to be transferred back to the OE
appropriation with a 30 day notification to the Committees. The
Coast Guard is directed to reprogram funding needed to cover
any unbudgeted costs of the military pay raise.
POLAR ICEBREAKERS
One of the Coast Guard's missions is to provide the United
States with the capability to support national interests in the
polar regions. In a report recently submitted, the Coast Guard
stated that the United States will need a maritime surface and
air presence in the Arctic sufficient to support prevention and
response regimes as well as diplomatic objectives. However, no
funding has been requested for the Coast Guard's aging
icebreakers despite its inability to meet current and projected
polar operations mission responsibilities. The Coast Guard is
directed to follow House report direction regarding the polar
icebreaking operating budget. The Coast Guard should work with
the National Science Foundation in the coming year to
renegotiate the existing polar icebreaking agreement in order
to return the budget for operating and maintaining its polar
icebreakers to the Coast Guard in fiscal year 2010. The AC&I
appropriation includes $30,300,000 to reactivate the USCGC
POLAR STAR for an additional 7-10 years of service life.
OPERATIONS SYSTEMS CENTER
The bill provides $3,600,000 for customized tenant
improvements in conjunction with the Operations Systems Center
expansion project, as detailed in the Senate report.
A-76
No funding is provided for the conduct of Coast Guard A-76
studies in fiscal year 2009.
BAY AREA LIGHTHOUSES
The Coast Guard is directed to comply with House report
direction regarding the Bay Area lighthouses.
BERING SEA PATROLS
Within the OE appropriation, $7,600,000 is provided to crew
and operate the USCGC ACUSHNET through the end of fiscal year
2009. The Pacific Area Commander expects to lose between 90 and
120 patrol days in fiscal year 2009 based on the President's
budget proposal to decommission the vessel after two quarters
of operation in fiscal year 2009. This will negatively impact
the Coast Guard's ability to patrol the Bering Sea and Aleutian
Islands. If the Coast Guard determines that continued operation
of the USCGC ACUSHNET is not viable, the funds should be used
to sustain patrol hours in the Bering Sea and Aleutian Islands
which would be lost by its decommissioning and the Committees
should be notified accordingly.
COAST GUARD YARD
The Commandant is directed to comply with Senate report
direction regarding the Coast Guard Yard.
FINANCIAL MANAGEMENT WEAKNESSES
The bill requires the Commandant to submit, and the OIG to
review, a financial management improvement plan. The Coast
Guard must have a workable plan to achieve a clean audit and
none currently exists today. The Coast Guard shall develop this
plan in consultation with the Department's CFO.
WORKFORCE ACTION PLAN
The Coast Guard is directed to comply with Senate report
direction regarding a workforce action plan.
MANAGEMENT AND TECHNOLOGY EFFICIENCIES
Within six months after the date of enactment of this Act,
the Coast Guard is directed to report in detail on how the
$68,117,000 total funding reduction requested due to management
and technology efficiencies is being achieved.
QUARTERLY ACQUISITION AND MISSION EMPHASIS REPORTS
The Commandant is directed to continue to submit quarterly
acquisition and mission emphasis reports. The acquisition
report shall include information on small boat purchases and
leases made with the OE appropriation.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
The bill provides $13,000,000 to help address the current
Environmental Compliance and Restoration backlog estimated at
$109,700,000.
RESERVE TRAINING
The bill provides $130,501,000 for Reserve Training.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The bill provides $1,494,576,000 for Acquisition,
Construction, and Improvements, as follows:
Vessels:
Inland river tender recapitalization................ $5,000,000
Response boat medium................................ 108,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Vessels............................... 113,000,000
Other Equipment:
Automatic Identification System..................... 8,600,000
Rescue 21........................................... 73,000,000
High frequency recapitalization..................... 2,500,000
Defense messaging system............................ 4,074,000
Command 21.......................................... 1,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Other Equipment....................... 89,174,000
Shore Facilities and Aids to Navigation:
Survey and design, shore operational & support
projects.......................................... 2,050,000
TISCOM-TSD Building................................. 2,500,000
Air Station Cape Cod................................ 5,000,000
Sector Delaware Bay................................. 13,000,000
Cordova, Alaska housing............................. 11,600,000
Renovate USCGA Chase Hall, phase II................. 10,300,000
Montauk Housing..................................... 1,550,000
Waterways aids to navigation........................ 4,000,000
Rescue Swimmer Training Facility.................... 15,000,000
Sector Buffalo...................................... 3,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Shore Facilities and Aids to
Navigation.................................... 68,000,000
Personnel and Related Support:
Direct personnel costs.............................. 92,330,000
AC&I core........................................... 500,000
--------------------------------------------------------
____________________________________________________
Subtotal, Personnel and Related Support......... 92,830,000
Integrated Deepwater System:
Aircraft:
Maritime patrol aircraft............................ 86,600,000
HH-60 conversion projects........................... 52,700,000
HC-130H conversion/sustainment projects............. 24,500,000
HH-65 conversion project............................ 64,500,000
Unmanned aircraft systems........................... 3,000,000
HC-130J fleet....................................... 13,250,000
--------------------------------------------------------
____________________________________________________
Subtotal, Aircraft.............................. 244,550,000
Surface Ships:
National security cutter............................ 353,700,000
Replacement patrol boat (FRC-B)..................... 115,300,000
IDS small boats..................................... 2,400,000
Patrol boats sustainment............................ 30,800,000
Medium endurance cutter sustainment................. 35,500,000
Offshore patrol cutter.............................. 3,003,000
Polar icebreaker sustainment........................ 30,300,000
--------------------------------------------------------
____________________________________________________
Subtotal, Surface Ships......................... 571,003,000
C4ISR................................................... 88,100,000
Technology obsolescence prevention...................... 1,500,000
Logistics............................................... 37,700,000
System engineering and management....................... 33,141,000
Government program management........................... 58,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Integrated Deepwater System........... 1,033,994,000
Coast Guard/DHS headquarters............................ 97,578,000
--------------------------------------------------------
____________________________________________________
Total, Acquisition, Construction, and
Improvements.............................. 1,494,576,000
RESPONSE BOAT-MEDIUM (RB-M)
Recent studies have identified the lack of response boats
as an impediment to fully implementing the Coast Guard's
mission requirements. A total of $108,000,000 is provided for
RB-Ms in fiscal year 2009 to allow the Coast Guard to purchase
36 boats, 22 above the request.
DEEPWATER
The bill provides $1,033,994,000 for the Integrated
Deepwater System Program (Deepwater). Of this amount,
$350,000,000 is unavailable for obligation until the Committees
receive and approve a plan for expenditure, in accordance with
the specified legislative conditions. In submitting its
mandated review of this expenditure plan to the Committees, GAO
is directed to provide an overall evaluation of the plan's
value to the Coast Guard's management of Deepwater, and a
qualitative, descriptive assessment of the degree with which
the Coast Guard has complied with each legislative requirement.
LONG RANGE SURVEILLANCE AIRCRAFT (HC-130J)
The bill provides $13,250,000 to missionize three HC-130Js.
The Coast Guard is directed to provide its finalized HC-130J
Remediation Plan to the Committees within 60 days after the
date of enactment of this Act.
NATIONAL SECURITY CUTTER (NSC)
The bill provides $353,700,000, as requested, for the
National Security Cutter (NSC). It is questionable whether this
amount will be sufficient to purchase the fourth NSC, according
to recent information provided by the Coast Guard. This is a
concern since, in August 2007, the Coast Guard entered into a
Consolidated Contract Action to resolve all outstanding cost
overruns incurred by the NSC contractor due to economic and
customer changes that have occurred over the past four years.
No later than 30 days after the date of enactment of this Act,
the Coast Guard is directed to provide the Committees with
detailed information on all reasons why there may be nearly a
50 percent increase in the cost of this cutter and how it plans
to manage this procurement within the dollars provided. To
improve its management of this important program, the Coast
Guard is directed to follow House report direction on the
visibility of the contractor's earned value management system
and Senate report direction regarding information assurance and
critical decision points and dates.
REPLACEMENT PATROL BOAT/FRC-B
The bill provides $115,300,000, as requested, for limited
production of the FRC-B. The Coast Guard is directed to take
all steps necessary to control costs for this procurement,
including conducting a formal design review to ensure that at
least 90 percent of the design drawings are complete by the
critical design review stage. The projected award date for the
FRC-B has been delayed until the first quarter of 2009. The
Coast Guard is directed to provide quarterly briefings to the
Committees on the status of this procurement, including
critical decision points and dates, planned service life
extensions of existing 110-foot patrol boats, and patrol boat
operational metrics.
POLAR ICEBREAKERS
The bill provides $30,300,000 for the Coast Guard to
reactivate the USCGC POLAR STAR.
DEEPWATER HUMAN CAPITAL
The Coast Guard is directed to brief the Committees within
60 days after the date of enactment of this Act on the results
of its workforce forecasting process as detailed in the Senate
report. The Coast Guard also is directed to address the three
acquisition workforce challenges identified in the House
report.
COAST GUARD ACADEMY PIER FOR USCGC EAGLE
The Coast Guard is directed to expeditiously address the
needs of the USCGC EAGLE pier as directed in the Senate report.
ALTERATION OF BRIDGES
The bill provides $16,000,000 for Alteration of Bridges,
with funding allocated as follows:
Burlington Northern Railroad Bridge in Burlington, Iowa. $2,000,000
Canadian Pacific Railway Bridge in La Crosse, Wisconsin. 2,000,000
Chelsea Street Bridge in Chelsea, Massachusetts......... 2,000,000
Elgin, Joliet, and Eastern Railway Company Bridge in
Morris, Illinois.................................... 2,000,000
Fourteen Mile Bridge in Mobile, Alabama................. 4,000,000
Galveston Causeway Bridge in Galveston, Texas........... 4,000,000
--------------------------------------------------------
____________________________________________________
Total....................................... $16,000,000
The Coast Guard is encouraged to begin construction of the
Elgin, Joliet, and Eastern Railway Company Bridge as
expeditiously as possible, as directed in the Senate report.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
The bill provides $18,000,000 for Research, Development,
Test, and Evaluation. This includes $2,000,000 for the Coast
Guard to work with entities conducting ballast water treatment
system testing, such as the Great Ships Initiative, to test the
efficacy of such systems and methods in both salt and fresh
water, as detailed in the House report.
MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTION
GAO is directed to evaluate by June 2009 the process used
to determine the amount charged to the Coast Guard for
Medicare-eligible retiree health care and the relationship of
this amount to the benefits received by Coast Guard retirees.
RETIRED PAY
The bill provides $1,236,745,000 for Retired Pay.
United States Secret Service
SALARIES AND EXPENSES
The bill provides $1,408,729,000 for Salaries and Expenses,
with funding to be allocated as follows:
Headquarters Management and Administration.............. $182,104,000
Protection:
Protection of Persons and Facilities................ 705,918,000
Protective Intelligence Activities.................. 59,761,000
National Special Security Event Fund................ 1,000,000
White House mail screening.......................... 33,701,000
Presidential candidate nominee protection........... 41,082,000
--------------------------------------------------------
____________________________________________________
Subtotal, Protection............................ 841,462,000
Investigations:
Domestic Field Operations........................... 241,772,000
International Field Office Administration and
Operations........................................ 30,000,000
Electronic Crimes Special Agent Program and
Electronic Crimes Task Forces..................... 51,836,000
Support for missing and exploited children.......... 8,366,000
--------------------------------------------------------
____________________________________________________
Subtotal, Investigations........................ 331,974,000
Training:
Rowley Training Center 53,189,000
--------------------------------------------------------
____________________________________________________
Total, U.S. Secret Service.................. $1,408,729,000
SECRET SERVICE INVESTIGATIONS
The bill provides $331,974,000 for Investigations,
$5,658,000 more than requested. Of the increase, an additional
$4,000,000 is for Secret Service cyber crime investigations,
and an additional $1,658,000 is for International Field
Operations.
POST PRESIDENTIAL DETAIL
The bill includes $4,500,000, as requested, for the
President's post-Presidency protective detail. The bill does
not include a requested general provision regarding six months
of protection for the Vice President after leaving office. The
Congress passed separate legislation authorizing this
protection.
DISCONTINUED PROTECTIVE DETAILS
The bill reduces the Secret Service protective budget by
$2,750,000 to account for protective activities the Secret
Service no longer performs.
WHITE HOUSE FACILITIES
The bill includes $33,701,000 for White House mail
screening, $3,000,000 less than requested. The facility to
screen White House mail is under construction and will not be
complete until well into the fiscal year. The reduction
reflects that the Secret Service will not have to pay an entire
year of rent for the new building.
The cost to replace locks at the White House should be paid
by the General Services Administration, which maintains offices
within the White House, or the National Park Service, which
maintains the public and residential areas of the complex.
However, if the Secret Service believes there is an urgent need
to replace White House locks prior to February 1, 2009, it is
directed to use funds it had budgeted for security of the White
House complex for this purpose.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The bill provides $4,225,000 for Acquisition, Construction,
Improvements and Related Expenses. Within this total, $250,000
is provided to fund inflationary cost increases and $250,000 is
to fund a perimeter security and noise abatement study for the
Rowley training facility.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
MANAGEMENT AND ADMINISTRATION
The bill includes $51,350,000 for Management and
Administration of the National Protection and Programs
Directorate (NPPD). Given high vacancy levels that have
persisted at NPPD throughout fiscal year 2008, the request for
additional staff is reduced by $1,500,000. No funding is
provided to move the functions of the Office of
Intergovernmental Programs from FEMA to NPPD, therefore, this
function shall remain within FEMA.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
The bill includes $806,913,000 for Infrastructure
Protection and Information Security (IPIS). Funding levels by
budget activity are as follows:
Infrastructure Protection:
Identification and Evaluation....................... $80,603,000
Coordination and Information Sharing................ 62,367,000
Mitigation Programs................................. 170,830,000
National Cyber Security Division........................ 313,500,000
National Security/Emergency Preparedness Telecom:
Priority Telecommunications Services................ 58,740,000
Next Generation Networks............................ 50,250,000
National Command and Coordination Capability........ 5,963,000
Programs to Study and Enhance Telecommunications.... 15,100,000
Critical Infrastructure Protection Programs......... 11,260,000
Office of Emergency Communications...................... 38,300,000
--------------------------------------------------------
____________________________________________________
Total, Infrastructure Protection and
Information Security...................... 806,913,000
EXPENDITURE PLANS
Due to the inadequate level of detail provided in the
budget justifications and other supporting materials, the bill
restricts from obligation half of the funds appropriated for
the National Cyber Security Initiative ($127,462,000) and the
Next Generation Networks program ($25,125,000) until NPPD
submits, and the Committees approve, expenditure plans for each
of these programs. NPPD is directed to include in these plans
the information discussed in the House report.
CHEMICAL FACILITY ANTI-TERRORISM STANDARDS AND AMMONIUM NITRATE
REGULATION
The bill provides $73,000,000 for implementation of the
Chemical Facility Anti-Terrorism Standards and $5,000,000 to
implement ammonium nitrate regulations.
NATIONAL INFRASTRUCTURE PROTECTION PLAN MANAGEMENT (NIPP)
The bill provides $30,993,000 for NIPP management and
related Critical Infrastructure and Key Resource partnerships.
VULNERABILITY ASSESSMENTS
The bill provides an increase of $6,000,000 above the
request to accelerate the pace of critical infrastructure and
key resource vulnerability assessments.
ETHANOL TRANSLOADING FACILITIES
NPPD is directed to report to the Committees on the results
of a recent vulnerability assessment of an ethanol transloading
facility in Virginia, as discussed in the House report.
BUSINESS COUNTERINTELLIGENCE
As discussed in the House report, NPPD is directed to
review the Federal government's efforts to increase awareness
of business counterintelligence and incorporate best practices
into its NIPP management activities.
OFFICE OF BOMBING PREVENTION
The bill provides $11,000,000 for the Office of Bombing
Prevention, of which $1,000,000 shall be for the purchase of
the IED-Geospatial Analysis Tool Plus, as discussed in the
House report.
PHILADELPHIA VIDEO SURVEILLANCE
As discussed in the House report, the bill provides
$2,000,000 for NPPD to continue deployment of infrastructure
monitoring and crime cameras in the city of Philadelphia.
UNDERGROUND CRITICAL INFRASTRUCTURE
The bill provides $3,000,000 for the Department to pilot
methods for securing underground critical infrastructure, as
discussed in the House report.
NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER
As discussed in the Senate report, the bill provides
$20,000,000 for the National Infrastructure Simulation and
Analysis Center, which is led by Sandia and Los Alamos National
Laboratories in New Mexico.
CYBER SECURITY
The bill provides $313,500,000 for activities of the NPPD
National Cyber Security Division (NCSD), including $254,924,000
for the Department of Homeland Security's share of the
Administration's National Cyber Security Initiative (NCSI).
This funding includes the requested levels for the US Computer
Emergency Response Team and the Cyber Security Information
Sharing and Collaboration program. Additional details are
contained in the classified annex accompanying this explanatory
statement. NPPD is required to submit an expenditure plan
providing more details on the purpose and goals of the NCSI and
how proposed expenditures will meet them. NPPD is also directed
to conduct a privacy impact assessment for its cyber security
initiative and brief the Committees, as discussed in the Senate
report.
PRIORITY TELECOMMUNICATIONS SERVICES/NEXT GENERATION NETWORKS
The bill provides $58,740,000 for the Priority
Telecommunications Services program and $50,250,000 for the
Next Generation Networks (NGN) program. NPPD is required in law
to submit an expenditure plan detailing the purpose and goals
of the NGN program.
NATIONAL COMMAND AND COORDINATION CAPABILITY
The bill provides $5,963,000 for the National Command and
Coordination Capability (NCCC). NPPD is expected to conduct a
comprehensive assessment of the extensive emergency
communications investments made by the Federal government since
the creation of DHS, and to identify clearly how NCCC will
enhance the multiple existing communications systems that
connect Federal officials with their State and local
counterparts.
CYBER SECURITY TRAINING
The bill provides $3,500,000 for the continued development
and implementation of the Community Cyber Security Maturity
Model at the University of Texas at San Antonio, a training
program designed to prepare State and local officials for
responding to cyber attacks.
CONTROL SYSTEMS SECURITY
The bill provides $22,000,000 for the National Cyber
Security Division's efforts to improve security of control
systems, of which $4,000,000 is to establish a power and cyber
system protection, analysis, and testing program at the Idaho
National Laboratory, as discussed in the House report.
CLASSIFIED PRESIDENTIAL DIRECTIVES
As discussed in the Senate report, NPPD is strongly
encouraged to re-examine policies on classification of
Presidential Directives that purport to set government policy
or provide critical information affecting State, local, and
private sector officials. Given that many individuals not
employed by the Federal government are not authorized to access
classified documents, it seems problematic that important
homeland security directives may not be available to the very
people responsible for helping to implement them.
United States Visitor and Immigrant Status Indicator Technology
The bill includes $300,000,000 for United States Visitor
Immigrant Status Indicator Technology (US-VISIT). Of this
amount, $75,000,000 may not be obligated until the Committees
receive an expenditure plan as specified in the House report,
with the exception that neither GAO review nor Committee
approval is required.
The bill provides that no funding shall be obligated for
implementation of a final air exit solution until the
Committees receive a report on air exit pilots, which shall be
reviewed by GAO, and test at least two scenarios: (a) where
airlines collect and transmit biometric exit data as proposed
in the notice of proposed rulemaking (DHS-2008-0039, published
on April 24, 2008) and (b) where CBP collects such information
at departure gates.
Within the $300,000,000 appropriated, $20,000,000 is for
identity management and screening services; $66,368,000 is for
the Unique Identity program, and $25,327,000 is to move US-
VISIT operations to a DHS data center, and establish a second
disaster recovery site. The remaining $188,305,000 is available
for operations and maintenance, program management, and
development and implementation of biometric exit solutions.
EXPENDITURE PLAN
In developing its expenditure plan, DHS is directed to
ensure that all required certifications address not only prior
year program performance, systems, and processes, but also
address the elements of the fiscal year 2009 program outlined
in the plan as they relate to procurement, risk management, and
human resource best practices. In addition, DHS is directed to
include in the expenditure plan a schedule for the data center
transfers and a description of funding required, as specified
in the House report.
AIR EXIT PILOTS
DHS is directed to carry out the air exit pilots as
outlined in the House report, with the exception that the
pilots should be completed not later than January 31, 2009.
There is no requirement for the report to be approved by the
Committees. DHS is urged to work cooperatively with the airline
industry to design and carry out air exit pilots as soon as
possible.
2010 BUDGET SUBMISSION INFORMATION
DHS is directed to include with its fiscal year 2010 budget
request, as specified in the House report, (1) a report on
prospects for implementation of enumeration throughout DHS, and
(2) a full description of the internal DHS governance process
and steps US-VISIT and DHS have taken to define, manage and
coordinate relationships between US-VISIT and other immigration
and border management programs.
EXPENDITURE PLAN CERTIFICATIONS
The fiscal year 2008 US-VISIT expenditure plan submitted by
the Department did not comply with requirements of the law;
specifically, it failed to include required information in
support of several certifications. Additionally, certifications
seem to have been based in part on outdated assessments. DHS is
directed to ensure that certifications submitted in support of
future expenditure plans include all supporting documentation,
and address current and prospective elements of the program.
US-VISIT MUST BECOME A CURRENT-YEAR PROGRAM
Repeated delays in submitting the legislatively required
expenditure plans have resulted in US-VISIT becoming a forward-
funded program. The fact that the fiscal year 2008 plan was not
submitted until June 12, 2008, means that nearly a quarter of
the program's budget will carry over into fiscal year 2009.
This practice must stop. In prior years, Congress has approved
virtually all the funding requested for the program. However,
the reduction of $90,300,000 in this bill is a response to the
delay in submitting the expenditure plans and the resulting
unobligated balances. DHS is directed to submit expenditure
plans on a timely basis in order to ensure that US-VISIT
becomes an effective, current-year program.
Office of Health Affairs
The bill provides $157,191,000 for Office of Health Affairs
(OHA). Of this amount $29,210,000 is for salaries and expenses.
Funds for planning and coordination activities are available as
detailed in the House report.
A total of $111,606,000 is provided for BioWatch. Concerns
about the management of the BioWatch program, as detailed in
the House report, include uncertainty about the relationship of
generation 2.5 systems to generation 3.0 systems; a lack of
clarity about how OHA measures the efficiency and effectiveness
of the systems; and questions about how BioWatch should fit in
with other surveillance efforts. In addition, it has become
evident that, due to changes in performance standards and other
factors, testing and deployment of the generation 3.0 systems
could be delayed for as much as two years. The National Academy
of Sciences (NAS) is currently evaluating the BioWatch program
to assess its effectiveness and how it might fit in to an
enhanced national public health surveillance system that now
relies primarily on hospitals and the public health system. The
results of the NAS evaluation are expected within a year, and
OHA is expected to utilize those results in its BioWatch
planning.
In light of the risks associated with biological threats
and the ability to detect such threats in the most efficient
manner, DHS must strike a careful balance between expediting
the deployment of new technologies and ensuring that such
technologies have been fully validated. In order to help strike
that balance, a total of $34,498,000 is included for field
testing systems beyond generation 2.0 that can be deployed
within 12 months. Funding shall be competitively awarded. Field
tests should be conducted in high risk urban areas, as
determined by the Secretary, and should be initiated
incrementally to ensure that lessons learned and performance
data can inform decisions about future pilot deployments. Prior
to commencing field testing, OHA shall work with the Science
and Technology (S&T) Directorate to determine evaluation
metrics. OHA is further directed to notify the Committees 15
days after deployment of any BioWatch device to a new location.
OHA shall submit an expenditure plan on the BioWatch base
program and an expenditure plan on the BioWatch field testing
program within 60 days after the date of enactment of this Act.
OHA shall notify the Committees within five days of any
deviation from the expenditure plan.
Significant work must be done to better understand
environmental exposures following disasters and to develop
response protocols and technologies to mitigate health OHA is
urged to continue its activities in this area and coordinate a
Federal effort to apply exposure science to disaster response
by working with other Federal agencies that have expertise
related to environmental exposures, public health, and
occupational safety.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
The bill provides $837,437,000 for FEMA Management and
Administration. In addition, up to $105,600,000 may be
transferred from the Disaster Relief fund for disaster support
costs, including conversion of FEMA's temporary disaster
employees to permanent status. The funding available for
transfer is unavailable until the Committees receive and
approve an implementation plan, as detailed in the House
report. Of the amount provided, no less than $7,000,000 is for
the Emergency Management Institute, no less than $6,000,000 is
for the National Dam Safety Program and no more than $6,000,000
is for expiring leases of regional offices. Additionally, the
Reserve Workforce Credentialing and Recruitment Plan shall be
funded at no less than the amount requested in the budget.
The bill provides $6,342,000 for the Office of National
Capital Region Coordination. The bill includes a provision
requiring the inclusion of the Governors of the State of West
Virginia and the Commonwealth of Pennsylvania in the National
Capital Region decision-making and planning process for mass
evacuation. The Department is directed to include officials
from the counties and municipalities that contain the
evacuation routes and their tributaries into the planning
process.
MEASURING PREPAREDNESS
The bill provides $5,000,000 to accelerate efforts at FEMA
to develop tools to measure the achievement and effectiveness
of certain grant programs, including how grants increase the
capability of States and local communities to respond to all-
hazards. GAO is directed to evaluate these grants measurement
tools and determine whether the tools are reasonable and
effective in measuring how grants increase the preparedness
level and capabilities of each grant recipient and reduce risk.
FEMA is directed to create a task force and consult with State
and local governments, as specified in the Senate report with
regard to this effort.
NUCLEAR PREPAREDNESS
The bill provides $6,000,000 for a nuclear preparedness
effort. To address the shortfall in nuclear preparedness
efforts at the Department, Congress provided $5,500,000 to OHA
in the U.S. Troop Readiness, Veterans' Care, Katrina Recovery,
and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28) to begin modeling the effects of a potential nuclear
attack and planning ways to mitigate its effects, including
direction to develop effective communications. FEMA is to build
on this effort and work with State and local officials, and
other relevant Federal agencies on planning efforts, and to
continue to develop and test pre-event and post-event
communication strategies. FEMA shall work with OHA and the
Department of Health and Human Services on health aspects of a
nuclear event.
MT. WEATHER CAPITAL IMPROVEMENTS
The bill provides the budget request for Mt. Weather
capital improvements, an increase of $10,413,000 from fiscal
year 2008. FEMA is directed to provide a comprehensive five-
year capital improvement plan, as detailed in the House report,
for Mt. Weather by April 6, 2009.
URBAN SEARCH AND RESCUE RESPONSE SYSTEM
The bill provides $32,500,000 for the Urban Search and
Rescue Response System. FEMA is directed to provide a report on
the feasibility of adding an additional team to the Urban
Search and Rescue program, including a recommendation for the
geographical location and associated cost estimate if it
determines that adding a new team is feasible and warranted, as
discussed in the House report.
EMERGENCY ALERT SYSTEM
The bill provides $35,000,000 for the modernization of the
Emergency Alert System (EAS), including the conversion of EAS
to digital capability. Up to $2,000,000 shall be used to
validate Radio Broadcast Data System Technology as an effective
means of notification of individuals during emergencies, to be
competitively awarded. FEMA is directed to provide a plan to
the Committees by January 2009 outlining the completion of the
conversion to the Integrated Public Alert and Warning System as
discussed in the House report.
READY CAMPAIGN
The bill provides no less than $2,500,000 for the READY
campaign, which is transferred to FEMA from the Office of the
Secretary and Executive Management. The program is to be
combined with FEMA's ``Are You Ready?'' campaign.
DEVELOPING BEST PRACTICES
The bill provides $2,200,000 to develop and implement best
practices of all-hazards preparedness and response specific to
the unique geographical features and remoteness of the Pacific
Area.
IMPACTS OF CLIMATE ON FUTURE DISASTERS
The bill provides $5,000,000 for the State of North
Carolina to perform a risk assessment and mitigation strategy
demonstration of the potential impacts of sea level rise in
that State associated with long-term climate change, as
discussed in the House report. FEMA is directed to use the
study results to assess the long-term fiscal implications of
climate change as it affects the frequency and impacts of
natural disasters, and to disseminate information from the
study to other states to inform their climate change mitigation
efforts.
FLOOD CONTROL AND HAZARD MITIGATION DEMONSTRATION PROGRAM
The bill provides $2,425,000 to conduct demonstration flood
control and hazard mitigation projects with interagency
stakeholders, including FEMA, the U.S. Army Corps of Engineers,
the U.S. Department of Agriculture, and State and local
agencies, as discussed in the House report. Funds are provided
to demonstrate a wide range of project solutions across FEMA's
multiple disaster preparedness and mitigation programs,
including: retrofitting and hardening of existing flood walls
and levees; pump refurbishment; land acquisition;
transportation infrastructure modifications; and other flood
damage reduction projects within the Upper Cumberland and Big
Sandy Watershed, Kentucky.
BUDGET SUBMISSIONS
The bill continues a provision directing FEMA to submit its
fiscal year 2010 budget request by office. Each office and FEMA
region shall provide: (1) budget detail by object
classification; (2) the number of full-time equivalents on
board; (3) the number of full-time equivalent vacancies; and
(4) the appropriation account(s) used to support the office and
the programs managed by the office.
FEMA is directed to notify the Committees within 15 days if
any office receives or transfers more than 10 percent of the
total amount allocated to each office. FEMA is expected, as
part of the fiscal year 2010 budget request, to contain budget
detail for the programs specified in the House report.
FIRST RESPONDER READINESS
FEMA is directed to submit a report, as specified in the
House report, regarding the availability of training and an
analysis of response capabilities of the U.S. territories. FEMA
is directed to examine major training programs to determine the
utility of additional sites for all-hazard first responder
training and report to the Committees on its findings.
STAKEHOLDER INVOLVEMENT
The bill withholds $10,000,000 until the Secretary of
Homeland Security, in coordination with the Administrator of
FEMA, certifies and reports to the Committees that certain
conditions have been met regarding the process to incorporate
stakeholder input for grant guidance development and award
distribution. Input from State Administrative Agencies,
Regional Working Groups, Federal Preparedness Coordinators, the
National Advisory Council, and other stakeholder groups shall
be sought for this process, in accordance with the Senate
report. A similar provision is included within the Office of
the Secretary and Executive Management.
SPECIAL POPULATIONS
FEMA is directed to submit the report specified in the
House report regarding Limited English Proficiency populations.
INFORMATION TECHNOLOGY
The bill provides the President's budget request for
information technology improvements.
REGIONAL CAPABILITY
FEMA is not currently using its Federal Medical Contingency
Station (FMCS) Type-1. However, FEMA Region IV and the states
within that region have developed a plan for incorporating the
FMCS Type-1 into a regional medical response system, in which
the FMCS Type-1 would be assigned to a state in the region but
be available for both regional and national medical response
via the Emergency Management Assistance Compact. FEMA is
directed to transfer FMCS Type-1 to Region IV for this purpose.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $3,105,700,000 for State and Local
Programs. Funding is allocated as follows:
State Homeland Security Grant Program................... $950,000,000
Urban Area Security Initiative.......................... 837,500,000
Regional Catastrophic Preparedness Grants............... 35,000,000
Metropolitan Medical Response System.................... 41,000,000
Citizen Corps Program................................... 15,000,000
Public Transportation Security Assistance and Railroad
Security Assistance................................. 400,000,000
Port Security Grants.................................... 400,000,000
Over-the-Road Bus Security Grants....................... 12,000,000
Trucking Industry Security Grants....................... 8,000,000
Buffer Zone Protection Program Grants................... 50,000,000
Commercial Equipment Direct Assistance Program.......... 8,000,000
Interoperable Emergency Communications Grant Program.... 50,000,000
Emergency Operations Centers............................ 35,000,000
National Programs:
Center for Domestic Preparedness.................... 62,500,000
National Domestic Preparedness Consortium........... 102,000,000
Counterterrorism and Cyber Crime Center............. 1,700,000
National Exercise Program........................... 40,000,000
Technical Assistance................................ 11,000,000
Continuing Training Grants.......................... 31,000,000
Evaluations and Assessments......................... 16,000,000
Subtotal, National Programs..................... 264,200,000
--------------------------------------------------------
____________________________________________________
Total, State and Local Programs............. 3,105,700,000
The bill includes provisions (1) allowing the transfer of
up to three percent of State and Local programs funding to
FEMA's ``Management and Administration'' account, and requiring
the submission of an expenditure plan within 60 days after the
date of enactment of this Act on the use of those
administrative funds; (2) designating certain timeframes for
grant processing; (3) requiring grantees to provide reports as
determined necessary by the Secretary; (4) requiring GAO to
report, not later than 45 days after the date of enactment of
this Act, on the data, assumptions, and methodology that DHS
uses to assess risk and allocate Urban Areas Security
Initiative (UASI) and State Homeland Security Grant Program
(SHSGP) funds; and (5) providing that the installation of
communications towers is not considered construction of a
building or other physical facility under the SHSGP and UASI
program.
FEMA is directed, in conjunction with OHA, to report to the
Committees regarding the current state of disaster preparedness
capabilities of emergency medical services, as discussed in the
House report. FEMA is encouraged to require State and local
governments to include Chief Information Officers in planning
efforts, as discussed in the Senate report. Further, FEMA is
encouraged to consider the need for mass evacuation planning
and pre-positioning of equipment for areas potentially impacted
by mass evacuations in allocating first responder funds.
GRANTS MANAGEMENT AND COORDINATION
FEMA is expected to continue to fully engage agencies with
subject matter expertise within the Department, when
appropriate, in the development of grant guidance and the
determination of awards. Such agencies include the Coast Guard,
TSA, NPPD, OHA, S&T, the Law Enforcement Advisor to the
Administrator, the Office of Emergency Communications, and the
DHS Office of State and Local Law Enforcement.
FEMA is directed to assume all coordination functions of
grant programs for the Department and be the primary point of
contact for all grantees.
COMPLYING WITH THE 9/11 ACT
FEMA is directed to comply with the requirements of the 9/
11 Act, as discussed in the House report including ensuring
that current and future grantees are aware of and comply with
the law, and removing the time limitation for intelligence
analysts.
CRITICAL EMERGENCY SUPPLIES
FEMA is directed to allow grant recipients to allocate a
reasonable portion of grant funds, as determined by FEMA, for
critical emergency provisions such as shelf stable food
products, water, and basic medical supplies. FEMA should award
funding for this purpose only after certifying that grant
applicants have a viable inventory management plan, an
effective distribution strategy, sustainment costs for such an
effort, and logistics expertise to avoid situations where funds
are wasted because supplies are rendered ineffective due to
lack of planning. FEMA shall report to the Committees on
lessons learned and best practices regarding this newly
allowable expense, including how critical supplies and the
distribution of them can be coordinated among Federal, State,
and local entities for the most efficient and effective
response.
STATE HOMELAND SECURITY GRANT PROGRAM
The bill provides $950,000,000 for the SHSGP. The bill
includes a provision directing that the Commonwealth of Puerto
Rico shall be considered a State in the allocation of grant
funds to local and tribal governments. In accordance with the
9/11 Act, at least 25 percent of SHSGP and UASI funds shall be
used for Law Enforcement Terrorism Prevention (LETPP)
activities. FEMA is directed to provide clear guidance to
States and urban areas to ensure that the intent of LETPP is
fully realized and the program is fully maximized.
Included in the amount provided is $60,000,000 for
Operation Stonegarden. All awards shall be made on a
competitive basis to tribal governments and units of local
government, including towns, cities, and counties along the
border of the U.S. to enhance the coordination between local
and Federal law enforcement agencies. Eligible costs for
Operation Stonegarden are as described in the House report.
Only CBP and FEMA shall make award decisions. No administrative
costs shall be deducted by States.
URBAN AREA SECURITY INITIATIVE
The bill provides $837,500,000 for UASI grants. Within this
funding, $15,000,000 is provided for grants to non-profit
organizations determined by the Secretary to be at high risk of
terrorist attack.
REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM
The bill provides $35,000,000 for the Regional Catastrophic
Preparedness Grant Program. FEMA is directed to award funding
as directed in the Senate report.
METROPOLITAN MEDICAL RESPONSE SYSTEM
The bill provides $41,000,000 for the Metropolitan Medical
Response System.
PUBLIC TRANSPORTATION SECURITY ASSISTANCE AND RAILROAD SECURITY
ASSISTANCE
The bill provides $400,000,000 for Public Transportation
Security Assistance and Railroad Security Assistance. Of this
amount $25,000,000 is provided for Amtrak security needs. The
bill includes a provision directing the Department to make
grants directly to public transportation agencies. FEMA is
directed to notify the states of the grantees at the time of
the award to promote state-wide collaboration. The bill also
prohibits the Department from requiring a cost share for fiscal
year 2008 and fiscal year 2009 funds.
PORT SECURITY GRANTS
The bill provides $400,000,000 for Port Security grants.
The Coast Guard shall make all final grant recommendations for
Port Security grants.
TRUCKING INDUSTRY SECURITY GRANTS
The bill provides $8,000,000 for Trucking Industry Security
Grants, to be competitively awarded, for an anti-terrorism and
security awareness program for highway professionals and for an
academic evaluation of the effectiveness of the program. FEMA
is directed to submit an expenditure plan for the Trucking
Industry Security Grant Program to the Committees prior to the
obligation of funds.
BUFFER ZONE PROTECTION PROGRAM GRANTS
The bill provides $50,000,000 for the Buffer Zone
Protection Program.
COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM
The bill provides $8,000,000 for the Commercial Equipment
Direct Assistance Program.
INTEROPERABILITY EMERGENCY COMMUNICATIONS GRANTS
The bill provides $50,000,000 for Interoperability
Emergency Communications Grants. In fiscal year 2008, FEMA
placed priority on leadership and governance, common planning
and operational protocols, and skills and capabilities, and the
Committees agree with that priority. States and localities
should be given flexibility to purchase equipment only if they
have made progress in these other areas. Accordingly, the
Department is directed to allow such States and local
governments to use grant funds to purchase equipment pursuant
to requirements in the 9/11 Act.
FEMA regional offices are directed to assist in regional
integration of State communications plans.
EMERGENCY OPERATIONS CENTERS
The bill provides $35,000,000 for Emergency Operations
Centers. Funding is provided for equipping, upgrading, and
constructing EOCs pursuant to section 614 of the Stafford Act.
This funding is in addition to funding States and locals may
use from other Homeland Security grants for the same purpose.
Of the amount provided, $13,355,000 is available for a
competitive program. The remaining funding is provided for the
following Emergency Operations Center projects in the following
amounts:
Tensas Parish Police Jury, LA........................... $750,000
City of Rialto, CA...................................... 225,000
Village of Poynette, WI................................. 1,000,000
Sebastian County, AR.................................... 750,000
Lake County, FL......................................... 1,000,000
Sarasota County, FL..................................... 1,000,000
Northumberland County, Department of Public Safety, PA.. 1,000,000
City of Detroit, MI..................................... 1,000,000
San Diego Unified School District, San Diego, CA........ 400,000
City of Half Moon Bay, CA............................... 750,000
Chesterfield County, VA................................. 250,000
Spencer County Commissioners, Rockport, IN.............. 1,000,000
City of Gladstone, OR................................... 60,000
City of Coral Springs, FL............................... 550,000
Snohomish County, WA.................................... 1,000,000
County of Atlantic, NJ.................................. 750,000
City of Rio Vista, CA................................... 150,000
American Red Cross, Sacramento Sierra Chapter, CA....... 35,000
Village of Bellerose, NY................................ 200,000
Town of Pomona Park, FL................................. 300,000
San Francisco Police Department, CA..................... 1,000,000
North Carolina Department of Crime Control and Public
Safety, NC.......................................... 1,000,000
City of Del Rio, TX..................................... 500,000
City of Bell Gardens, CA................................ 175,000
City of Cudahy, CA...................................... 50,000
The County of Cook, IL.................................. 1,000,000
Douglas County, GA...................................... 500,000
City of Richmond, Office of Emergency Management, VA.... 750,000
Hudson County, NJ....................................... 1,000,000
Marion County, FL....................................... 750,000
City of Miami Beach, FL................................. 1,000,000
Vermont Emergency Management Agency, VT................. 1,000,000
Crittenden County, KY................................... 750,000
CENTER FOR DOMESTIC PREPAREDNESS
The bill provides $57,000,000 to continue activities for
the Center for Domestic Preparedness and $5,500,000 to continue
activities for the Noble Training Center.
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM
The bill provides $102,000,000 for the National Domestic
Preparedness Consortium. Of the total amount available,
$23,000,000 is for the National Energetic Materials Research
and Testing Center, New Mexico Institute of Mining and
Technology; $23,000,000 is for the National Center for
Biomedical Research and Training, Louisiana State University;
$23,000,000 is for the National Emergency Response and Rescue
Training Center, Texas A&M University; $23,000,000 is for the
National Exercise, Test, and Training Center, Nevada Test Site;
$5,000,000 is for the Transportation Technology Center,
Incorporated, in Pueblo, Colorado; and $5,000,000 is for the
National Disaster Preparedness Training Center, University of
Hawaii, Honolulu, Hawaii.
COUNTERTERRORISM AND CYBER CRIME CENTER
The bill provides $1,700,000 for the Counterterrorism and
Cyber Crime Center, as directed in the Senate report.
CONTINUING TRAINING GRANTS
The bill provides $31,000,000 for continuing training
grants and supports programs which consistently deliver
homeland security curricula in the form of executive education
programs and accredited Masters Degree education. Full funding
is recommended for the graduate-level homeland security
education programs the Department currently supports, and the
Department is encouraged to leverage these existing programs to
meet the growing need for graduate-level education.
NATIONAL EXERCISE PROGRAM
The bill provides $40,000,000 for the national exercise
program. The Department is directed to report to the Committees
as discussed in the House report.
TECHNICAL ASSISTANCE
The bill provides $11,000,000 for technical assistance,
which provides direct assistance to State, regional, local, and
tribal jurisdictions to enhance their capabilities to prevent,
protect against, respond to, and recover from major events, and
to improve homeland security program management.
EVALUATIONS AND ASSESSMENTS
The bill provides $16,000,000 for Evaluations and
Assessments.
RURAL DOMESTIC PREPAREDNESS CONSORTIUM
The Rural Domestic Preparedness Consortium (RDPC) continues
to make progress in meeting its mission to provide training and
technical assistance to rural jurisdictions. In recent
testimony, FEMA's Deputy Administrator for National
Preparedness, stated, ``A unique aspect of the RDPC is that it
addresses preparedness activities for a broad scope of
stakeholders within rural jurisdictions''. The Committees
recognize the consortium has sufficient funds for continued
operations in fiscal year 2009.
FIREFIGHTER ASSISTANCE GRANTS
The bill provides $775,000,000 for firefighter assistance,
including $565,000,000 for firefighter assistance grants, and
$210,000,000 for firefighter staffing grants, to remain
available until September 30, 2010.
FEMA is directed to continue the present practice of
funding applications according to local priorities and those
established by the United States Fire Administration, and to
make $3,000,000 available for implementation of section 205(c)
of Public Law 108-169. FEMA is further directed to encourage
applications from multiple fire departments and not restrict
the lead applicant from submitting a separate application, as
discussed in the House report.
The bill includes a provision allowing up to five percent
of grant funds to be used for program administration, and
requiring an expenditure plan to be submitted within 60 days
after the date of enactment of this Act that details the use of
funds.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
The bill provides $315,000,000 for Emergency Management
Performance Grants.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The bill provides for the receipt and expenditure of fees
collected, as authorized by Public Law 105-276.
UNITED STATES FIRE ADMINISTRATION
The bill provides $44,979,000 for the United States Fire
Administration (USFA). Of the amount provided, $500,000 is to
address deferred maintenance needs on the USFA campus. FEMA is
directed to submit a facilities master plan, as detailed in the
Senate report. Of the amount provided, $1,179,000 is provided
for the implementation of the National Fire Incident Report
System.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,400,000,000 for Disaster Relief, and
allows the transfer of $105,600,000 to FEMA's ``Management and
Administration'' account for disaster support costs, including
FEMA's effort to convert temporary disaster employees to
permanent status. In addition, the bill allows the transfer of
$16,000,000 to OIG for audits and investigations of disasters.
The bill continues the requirement for a monthly report and
adds a requirement that the report include the amount provided
to each Federal agency for mission assignments. The bill does
not specify an amount for disaster readiness and support costs,
although it is an allowable expense, but does require FEMA to
submit an expenditure plan to the Committees detailing the use
of funds for disaster readiness and support costs within 60
days after the date of enactment of this Act. FEMA shall
provide a quarterly report detailing obligations against the
expenditure plan and a justification for any changes in
spending.
FEMA is directed to maintain the Florida long-term recovery
office as long as there is sufficient work to be done following
the 2004 and 2005 hurricanes that struck the State. FEMA shall
notify the Committees, as detailed in the House and Senate
reports.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
The bill provides $295,000 for the cost of loans.
Administrative costs are provided for in the FEMA ``Management
and Administration'' account.
FLOOD MAP MODERNIZATION FUND
The bill provides $220,000,000 for the Flood Map
Modernization Fund. FEMA is expected to focus on updating,
reviewing, and maintaining maps that have already been
modernized to ensure that flood maps remain current to
accurately reflect flood hazards. The goal shall be to review
and, as necessary, update maps that are three years past their
modernized dates, and to complete necessary updates no later
than five years past their modernized dates to ensure maps are
accurately maintained. To support this goal and to leverage the
use of Federal resources for this activity, FEMA is directed
that no less than 20 percent of the funds provided under this
heading be made available for map maintenance conducted by
Cooperating Technical Partners that provide a 25 percent cash
match and have a strong record of working effectively with FEMA
on floodplain mapping activities. Concurrent with the fiscal
year 2010 budget submission, FEMA shall submit to the
Committees on Appropriations a five-year National Flood Map
Maintenance Plan for fiscal years 2010-2014.
FEMA is encouraged to prioritize as criteria the number of
stream and coastal miles within the state, the Mississippi
River Delta region, and the participation of the state in
leveraging non-federal contributions.
NATIONAL FLOOD INSURANCE FUND
The bill provides up to $49,418,000 for salaries and
expenses to administer the National Flood Insurance Fund; up to
$80,000,000 for the severe repetitive loss property mitigation
program under section 1361A of the National Flood Insurance
Act; $10,000,000 for the repetitive insurance claims properties
under section 1323 of the National Flood Insurance Act; and
$35,700,000 for Flood Mitigation Assistance under section 1366
of the National Flood Insurance Act. No less than $107,181,000
is available for flood plain management and flood mapping.
Funds are available until September 30, 2010, and funding is
offset by premium collections.
NATIONAL PREDISASTER MITIGATION FUND
The bill provides $90,000,000 for the National Predisaster
Mitigation Fund. The following predisaster mitigation projects
are provided in the following amounts:
City of Rainbow City, AL................................ $1,000,000
Municipality of Murrysville, PA......................... 100,000
Bibb County, Emergency Management Agency, AL............ 750,000
City of Wynne, AR....................................... 50,000
City of San Diego, CA................................... 1,000,000
Pinellas County, FL..................................... 1,000,000
Brigham City (Corporation), UT.......................... 650,000
City of Coolidge, GA.................................... 80,000
Drywood Township, Garland, KS........................... 35,000
City of Merced, CA...................................... 500,000
City of Newark, DE...................................... 300,000
Adjutant General's Office of Emergency Preparedness, SC. 1,000,000
Alabama Department of Homeland Security, for Jackson
County, AL.......................................... 90,000
Harris County Flood Control District, TX................ 1,000,000
Tarrant County, TX...................................... 1,000,000
City of Chula Vista, CA................................. 400,000
North West, MO Regional Council of Governments.......... 300,000
Florida Atlantic University, Boca Raton, FL............. 300,000
City of Kannapolis, NC.................................. 468,000
Town of Conklin, NY..................................... 330,000
County of Hawaii, Civil Defense Agency, HI.............. 400,000
City of Berlin, Public Health Department, NH............ 100,000
City of Trenton, NJ..................................... 500,000
Santa Clara Water Valley District, San Jose, CA......... 790,000
City of Houston, TX..................................... 200,000
West Jefferson Medical Center, Marrero, LA.............. 400,000
Erie County, Sandusky, OH............................... 399,000
Wayne County, Detroit, MI............................... 300,000
New York State Emergency Management Office, NY.......... 1,000,000
City of Berkeley, CA.................................... 750,000
City of Taylorsville, KY................................ 750,000
Westchester and Rockland Counties, NY................... 500,000
Town of Lake Placid, FL................................. 500,000
Tifton-Tift County Emergency Management Agency (EMA), GA 40,000
Town of Pembroke Park, FL............................... 400,000
City of Miami, FL....................................... 1,000,000
City of Mission Viejo, CA............................... 850,000
Yardley Borough, PA..................................... 500,000
Clark County Emergency Management, WI................... 300,000
County of Essex, NJ..................................... 500,000
Val Verde County, Del Rio, TX........................... 500,000
County of Los Angeles, CA............................... 600,000
City of Los Angeles, CA................................. 500,000
City of New Braunfels, TX............................... 360,000
Brown Township Board of Trustees, Malvern, OH........... 247,728
City of Barberton, OH................................... 200,000
Mississippi Homeland Security Office, MS................ 500,000
Town of North Andover, MA............................... 100,000
Cities of Lake Station and Hobart, IN................... 500,000
City of Owatonna, MN.................................... 400,000
Putnam County, FL....................................... 450,000
City of Lake City, TN................................... 418,000
EMERGENCY FOOD AND SHELTER
The bill provides $200,000,000 for Emergency Food and
Shelter.
CERRO GRANDE FIRE CLAIMS
(RESCISSION OF FUNDS)
The bill rescinds $9,000,000, as requested.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
The bill includes $101,740,000 for United States
Citizenship and Immigration Services (USCIS). The bill funds
REAL-ID hub development within Title V.
E-VERIFY
The bill provides the requested $100,000,000 for the E-
Verify program (previously called Employment Eligibility
Verification or Basic Pilot).
USER FEE FUNDED PROGRAMS
Current estimates of fee collections, which constitute the
majority of USCIS resources, are $2,539,186,000. These revenues
support adjudication of applications for immigration benefits
and fraud prevention activities, and are derived from fees
collected from persons applying for immigration benefits.
Within the total fees collected, USCIS is directed to provide
no less than $53,747,000 to support Customer Service Center
operations, and to dedicate the entirety of premium processing
revenue to business system and information technology
transformation. USCIS is directed to provide up to $28,000,000
for converting immigration records to digital format as planned
for fiscal year 2009. No more than $10,000 of the fees
collected shall be used for official reception and
representation expenses.
FBI NAME CHECK BACKLOG
USCIS and the FBI have made significant progress reducing
the backlog of immigration applications awaiting FBI background
checks. However, as discussed in the Senate report, it is
imperative that both agencies remain vigilant to prevent the
return of backlogs in the future. DHS is directed to advise the
Committees of any resource requirements necessary to avoid the
development of new backlogs.
CITIZENSHIP EDUCATION GRANTS
The bill includes $1,200,000 for competitively-awarded
grants to organizations promoting the rights and
responsibilities of citizenship, as discussed in the House
report.
NATURALIZATION CEREMONIES
USCIS is directed to identify, in the fiscal year 2010
budget submission, funds allocated to naturalization and oath
of allegiance ceremonies and to work with local public and
private groups to schedule naturalization and oath of
allegiance ceremonies as part of Independence Day celebrations,
as directed in the House report.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The bill provides $246,530,000 for Federal Law Enforcement
Training Center (FLETC) Salaries and Expenses. Funding above
the President's request shall be allocated as follows:
$2,000,000 for leveraging Department of Defense modeling and
simulation technologies; $2,200,000 for instructors for United
States Capitol Police training needs; $5,640,000 for basic
training for additional hiring in CBP and ICE; and $4,000,000
to implement the Rural Policing Institute as authorized by the
9/11 Act. Additionally, the Committees support the Federal Law
Enforcement Training Center naming the FLETC, Artesia campus.
WASHINGTON OFFICE
The bill does not eliminate $730,000 in funding for the
Washington, DC office.
ACCREDITATION
The bill requires the Federal Law Enforcement Training
Accreditation Board (FLETA) to develop standards that require
agencies seeking accreditation of their basic or entry level
law enforcement training programs to include comprehensive
training on ethics and integrity. The FLETA Board is directed
to submit a report to the Committees no later than December 1,
2008, on the implementation of this directive.
RURAL POLICING INSTITUTE
FLETC is directed to provide a business plan to the
Committees within 90 days after the date of enactment of this
Act as detailed in the Senate report.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The bill provides $86,456,000 for Acquisitions,
Construction, Improvements, and Related Expenses. Within this
total, $40,000,000 is provided to construct a replacement
dormitory on the FLETC Charleston campus and $3,000,000 is
provided to complete construction of training-related
facilities at Artesia, New Mexico.
Science and Technology
MANAGEMENT AND ADMINISTRATION
The bill provides $132,100,000 for Management and
Administration. This amount includes $10,000 for official
reception and representation. S&T shall notify the Committees
pursuant to section 503 of this Act if they assess any program
for administrative costs exceeding 5 percent of the total
program appropriation.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
The bill provides $800,487,000 for Research, Development,
Acquisition, and Operations. The following table specifies
funding by budget activity:
Border and Maritime Security............................ $33,050,000
Chemical and Biological................................. 200,408,000
Command, Control, and Interoperability.................. 74,890,000
Explosives.............................................. 96,149,000
uman Factors............................................ 12,460,000
Infrastructure and Geophysical.......................... 75,816,000
Innovation.............................................. 33,000,000
Laboratory Facilities................................... 161,940,000
Test and Evaluations/Standards.......................... 28,674,000
Transition.............................................. 28,830,000
University Programs..................................... 50,270,000
Homeland Security Institute............................. 5,000,000
--------------------------------------------------------
____________________________________________________
Total....................................... 800,487,000
BORDER AND MARITIME SECURITY
The bill provides $33,050,000 for Border and Maritime
Security, including $2,750,000 for maritime activities. S&T
shall brief the Committees on how these funds will be
allocated.
COMMAND, CONTROL, AND INTEROPERABILITY
The bill provides $74,890,000 for Command, Control, and
Interoperability. Within this total, not less than $3,000,000
is to continue the Distributed Environment for Critical
Infrastructure Decisionmaking Exercises and $9,500,000 is for
cyber security activities above those included in the budget
request. S&T shall brief the Committees on how it will allocate
the additional cyber security funds.
INFRASTRUCTURE AND GEOPHYSICAL
The bill provides $75,816,000 for Infrastructure and
Geophysical. Within the funding provided, $27,000,000 is to
continue the Southeast Region Research Initiative and
$11,000,000 is for the National Institute for Hometown Security
to support community-based critical infrastructure protection
solutions.
INNOVATION
The bill provides $33,000,000 for Innovation. Funding has
been reduced from the budget request for two reasons. First,
the OIG has raised concerns about how projects were selected
and managed under this program. Second, it has taken S&T nine
months to inform the Committees on how it will spend the
funding provided in fiscal year 2008. Consistent with last
year, S&T is directed to provide an expenditure plan to the
Committees for the fiscal year 2009 appropriation on a project-
by-project basis.
NEW TECHNOLOGIES
New technologies may significantly help the Department as
it seeks to secure our homeland. The Department is encouraged
to develop a variety of technologies as discussed in both the
House and Senate reports.
LABORATORY FACILITIES
The bill provides $161,940,000 for Laboratory Facilities.
Within the total, $25,000,000 is provided for construction
obligations at the Physical Science Facility and refurbishment
of building 325 at Pacific Northwest National Laboratory in
support of the memorandum of understanding between DHS, the
Department of Energy and the National Nuclear Security
Administration.
The bill includes a provision requiring a GAO review of the
Department's National Bio and Agro-defense Facility risk
assessment prior to the obligation of construction funding.
TEST AND EVALUATIONS/STANDARDS
The bill provides $28,674,000 for Test and Evaluations/
Standards. Within the funds provided, $5,000,000 shall be to
develop an operational test and evaluation program for first
responder technologies so that there is a unified effort to
objectively evaluate products against minimum requirements as
discussed in the House report.
TRANSITION
The bill provides $28,830,000 for Transition. Within the
funds provided, $2,000,000 shall be used to establish a pilot
program to identify, research, develop, and transition advanced
technologies and manufacturing processes in the homeland
security industrial base. Funding for the Homeland Security
Institute is not included in this appropriation as the
Committees prefer this activity to remain a separate PPA for
budgetary transparency.
TECHNOLOGIES TO SECURE THE HOMELAND AND ADVANCE RESPONDER EFFECTIVENESS
(TECH SHARE)
The bill fully funds the budget request of $9,500,000 for
the Tech SHARE program. This program provides funds to ensure
continuous operation of the centralized technology
clearinghouse for the dissemination of homeland security
science and technology to Federal, State, local and tribal
agencies, a critical component of implementing Section 313 of
the Homeland Security Act.
UNIVERSITY PROGRAMS
The bill provides $50,270,000 for University Programs.
Within this funding, $36,720,000 is for the Centers of
Excellence and $2,000,000 is to support the ongoing Memorandum
of Agreement with the Naval Postgraduate School. S&T is
directed to report to the Committees on how these additional
funds will be allocated to the Centers of Excellence by
December 15, 2008. As part of this report, S&T should discuss
the process used for identifying specific areas of focus for
the Centers of Excellence as well as provide a state-by-state
breakdown of institutions participating in each of the centers.
UNOBLIGATED BALANCES
For the past few years, S&T has had high unexpended
obligations in its Research, Development, Acquisition, and
Operations account. S&T has made efforts to reduce these
balances and has initiated a quarterly review to identify
unused funds for work that has not yet been completed. S&T is
directed to brief the Committees on the results of its
quarterly validation and verification reviews and the amounts
available to deobligate, and to identify how S&T plans to use
these funds. The first quarterly brief should occur after the
close of the first quarter of fiscal year 2009 and should
include appropriate documentation on the unobligated balances.
In addition, S&T should submit, as part of its fiscal year 2010
budget justification, a report on its unexpended obligated
balances and justify instances where high balances occur.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
The bill provides $37,500,000 for Management and
Administration. No funding has been appropriated for new
positions as nearly 20 percent of previously approved positions
remain vacant. These vacancies include positions of critical
importance, such as the budget officer and technical
specialists.
RESEARCH, DEVELOPMENT, AND OPERATIONS
The bill provides $323,200,000 for Research, Development,
and Operations. The following table specifies funding by budget
activity:
Systems Engineering and Architecture.................... $25,147,000
Systems Development..................................... 108,100,000
Transformational Research and Development............... 103,300,000
Assessments............................................. 32,000,000
Operations Support...................................... 37,753,000
National Technical Nuclear Forensics Center............. 16,900,000
--------------------------------------------------------
____________________________________________________
Total....................................... 323,200,000
TRANSFORMATIONAL RESEARCH AND DEVELOPMENT
The bill provides $103,300,000 for Transformational
Research and Development. This funding level supports critical
ongoing initiatives such as standoff detection and intelligent
personal radiation locators but reduces funding for new
initiatives. The Domestic Nuclear Detection Office (DNDO)
should undertake aggressive efforts within transformational
research and development to fund and analyze technologies that
can detect shielded highly-enriched uranium.
NATIONAL TECHNICAL NUCLEAR FORENSICS CENTER
The bill provides $16,900,000 for the National Technical
Nuclear Forensics Center. Within this total, $1,000,000 has
been provided for the new fellowship program. This program is
funded at an introductory scale and should grow based on
performance and participation. As discussed in the Senate
report, DNDO shall submit a report on the National Technical
Nuclear Forensics Center, its quality assurance program, the
results of the National Academy of Sciences study, and steps
the Center is taking to implement these recommendations.
SECURING THE CITIES
The bill provides $30,000,000 for the Securing the Cities
pilot, including $10,000,000 in Research, Development and
Operations and $20,000,000 in Systems Acquisition.
ON-DOCK RAIL APPLICATIONS
The bill includes $15,000,000 as requested to develop on-
dock rail applications. DNDO, in conjunction with CBP, is
encouraged to continue the development, engineering, and
testing for both straddle carriers and crane-mounted sensors
and portals that can be used in rail and ship yards.
QUARTERLY BRIEFINGS ON NEW TECHNOLOGIES PILOTS AND ASSESSMENTS
DNDO shall prioritize its development and deployment of
detection equipment based on risk, and as appropriate focus on
other cargo and passenger pathways into the country, such as
bulk rail, general aviation, small pleasure craft, or other
routes it deems the highest risk. As previously required, DNDO
shall continue to provide quarterly briefings on new
technologies pilots and assessments it is conducting to reduce
vulnerabilities at airports, from general aviation aircraft, in
the maritime environment, in rail yards, and at non-ports of
entry land border crossings.
CARGO ADVANCED AUTOMATED RADIOGRAPHY SYSTEM
DNDO shall submit a report on the cargo advanced automated
radiography system that discusses the Office's progress in
developing this system and an explanation of the process used
to solicit requests from all eligible applicants, including
minority, women, and veteran-owned businesses, as discussed in
the House report.
NUCLEAR THREAT AND RESOURCE ALLOCATION
Funds are provided within FEMA to study the effects of a
potential nuclear attack and begin planning ways to mitigate
its effects. Funds are not provided for an independent study
for mitigation measures.
SYSTEMS ACQUISITION
The bill provides $153,491,000 for Systems Acquisition. The
following table specifies funding by budget activity:
Radiation Portal Monitor Program........................ $120,491,000
Securing the Cities..................................... 20,000,000
Human Portable Radiation Detection Systems Program...... 13,000,000
--------------------------------------------------------
____________________________________________________
Total....................................... 153,491,000
RADIATION PORTAL MONITOR PROGRAM
The bill provides $120,491,000 for the Radiation Portal
Monitor Program. Within this appropriation, full funding has
been provided for DNDO's effort to procure and deploy
additional polyvinyl toluene (PVT) based fixed radiation portal
monitors to seaports and land borders and to deploy PVT units
in the air cargo environment. A reduction has been made to the
advanced spectroscopic portal (ASP) monitor program due to
further delays in the development of these technologies. The
bill includes a prohibition on full scale procurement of ASP
monitors until the Secretary has certified and reported to the
Committees that a significant increase in operational
effectiveness merits such a decision. If the Secretary is
unable to certify that ASP monitors are more effective than the
current PVT monitors, then DNDO should use its fiscal year 2009
funding to acquire traditional PVT radiation portal monitors.
The bill also requires separate and distinct certifications for
primary and secondary deployments in recognition of the
inherently unique operational requirements each presents. The
bill prohibits high-risk concurrent development and production
of mutually dependent software and hardware components of
detection systems. This restriction is included to address the
acquisition and fiscal risks associated with such concurrency
and in response to the testing difficulties DNDO has
encountered over the last fiscal year. Finally, the Secretary
shall consult with the National Academy of Sciences before
making such certification decisions.
TITLE V--GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
Section 501. The bill continues a provision that no part of
any appropriation shall remain available for obligation beyond
the current year unless expressly provided.
Section 502. The bill continues a provision that unexpended
balances of prior appropriations may be merged with new
appropriations accounts and used for the same purpose, subject
to reprogramming guidelines.
Section 503. The bill continues and modifies a provision
that provides authority to reprogram appropriations within an
account and to transfer up to 5 percent between appropriations
accounts with 15-day advance notification of the Committees. A
detailed funding table identifying programs, projects, and
activities is included at the end of this statement. This table
along with funding levels specified in the report required
under subsection (e) shall serve as the control level for all
reprogrammings. These reprogramming guidelines shall be
complied with by all agencies funded by the Department of
Homeland Security Appropriations Act, 2009.
The Department shall submit reprogramming requests on a
timely basis and provide complete explanations of the
reallocations proposed, including detailed justifications of
the increases and offsets, and any specific impact the proposed
changes will have on the budget request for the following
fiscal year and future-year appropriations requirements. Each
request submitted to the Committees should include a detailed
table showing the proposed revisions at the account, program,
project, and activity level to the funding and staffing (full-
time equivalents and positions) levels for the current fiscal
year and to the levels requested in the President's budget for
the following fiscal year.
The Department shall manage its programs and activities
within the levels appropriated. The Committees are concerned
with the number of reprogramming proposals submitted for
consideration by the Department and remind the Department that
reprogramming or transfer requests should be submitted only in
the case of an unforeseeable emergency or situation that could
not have been predicted when formulating the budget request for
the current fiscal year. When the Department submits a
reprogramming or transfer request to the Committees and does
not receive identical responses from the House and Senate, it
is the responsibility of the Department to reconcile the House
and Senate differences before proceeding, and if reconciliation
is not possible, to consider the reprogramming or transfer
request disapproved.
The Department is not to submit a reprogramming or transfer
of funds after June 30 except in extraordinary circumstances,
which imminently threaten the safety of human life or the
protection of property. If a reprogramming or transfer is
needed after June 30, the notice should contain sufficient
documentation as to why it meets this statutory exception.
Reprogramming proposals submitted by June 30 can be approved
after that date.
Section 504. The bill continues and modifies a provision
extending the authorization of the Department's Working Capital
Fund in fiscal year 2009. No funds appropriated or otherwise
available to the Department may
Section 505. The bill continues a provision that not to
exceed 50 percent of unobligated balances remaining at the end
of fiscal year 2009 from appropriations made for salaries and
expenses shall remain available through fiscal year 2010
subject to reprogramming guidelines.
Section 506. The bill continues a provision deeming that
funds for intelligence activities are specifically authorized
during fiscal year 2009 until the enactment of an Act
authorizing intelligence activities for fiscal year 2009.
Section 507. The bill continues and modifies a provision
requiring notification of the Committees three business days
before any grant allocation, discretionary grant award,
discretionary contract award, including Federal Acquisition
Regulation-covered contracts, letter of intent, or public
announcement of the intention to make such an award totaling in
excess of $1,000,000. If the Secretary determines that
compliance would pose substantial risk to health, human life,
or safety, an award may be made without prior notification but
the Committees shall be notified within five business days.
Additionally, FEMA is required to brief the Committees five
full business days prior to announcing publicly the intention
to make an award under the State Homeland Security Grant
Program, Urban Area Security Initiative, and Regional
Catastrophic Preparedness Grant Program.
Section 508. The bill continues a provision that no agency
shall purchase, construct, or lease additional facilities for
Federal law enforcement training without advance approval of
the Committees.
Section 509. The bill continues a provision that none of
the funds may be used for any construction, repair, alteration,
or acquisition project for which a prospectus, otherwise
required under chapter 33 of Title 40, United States Code, has
not been approved. The bill excludes funds that may be required
for development of a proposed prospectus.
Section 510. The bill includes a provision that
consolidates and continues by reference prior year statutory
bill language into one provision. These provisions relate to
reporting requirements of the privacy officer; contracting
officer's technical representative training; sensitive security
information; federal building performance and requirements
outlined in title V of the National Energy Conservation Policy
Act or subtitle A of title I of the Energy Policy Act of 2005;
use of funds in conformance with section 303 of the Energy
Policy Act of 1992; and Executive Order 13149 relating to fleet
and transportation efficiency.
Section 511. The bill continues a provision that none of
the funds may be used in contravention of the Buy American Act.
Section 512. The bill continues a provision to prohibit the
obligation of funds for the Secure Flight program, except on a
test basis, until the requirements of section 522 of Public Law
108-334 have been met and certified by the Secretary of DHS and
reviewed by the GAO. GAO shall continue to evaluate DHS and TSA
actions to meet the ten conditions listed in section 522(a) of
Public Law 108-334 and to report to the Committees, either
incrementally as the Department meets additional conditions, or
when all conditions have been met by the Department. The bill
also prohibits the obligation of funds to develop or test
algorithms assigning risk to passengers not on government watch
lists and for a commercial database that is obtained from or
remains under the control of a non-federal entity, excluding
Passenger Name Record data obtained from air carriers. Within
90 days after the date of enactment of this Act, TSA shall
submit a detailed plan on achieving key milestones and
methodology used for certification.
Section 513. The bill continues a provision prohibiting
funds to be used to amend the oath of allegiance required by
section 337 of the Immigration and Nationality Act (8 U.S.C.
1448).
Section 514. The bill continues a provision regarding
competitive sourcing.
Section 515. The bill continues a provision directing TSA
to research, develop, and procure new technologies to inspect
and screen air cargo. In the interim, TSA shall utilize
existing checked baggage explosive detection equipment and
screeners to screen cargo on passenger aircraft when
practicable. TSA shall work with air carriers and airports to
ensure the screening of cargo carried on passenger aircraft, as
required by the 9/11 Act, increases incrementally each quarter.
TSA shall take all possible measures to ensure air carriers are
submitting data consistent with current security directives,
including enforcement actions for non-compliance. TSA is
required to report air cargo inspection statistics detailing
how incremental progress is being made to the Committees within
45 days of the end of each quarter of the fiscal year.
Section 516. The bill continues a provision directing that
any funds appropriated or transferred to TSA ``Aviation
Security'', ``Administration'', and ``Transportation Security
Support'' in fiscal years 2004, 2005, 2006, and 2007 that are
recovered or deobligated shall be available only for
procurement and installation of explosives detection systems,
for air cargo, baggage, and checkpoint screening systems,
subject to notification. Quarterly reports must be submitted
identifying any funds that are recovered or deobligated.
Section 517. The bill continues a provision requiring any
funds appropriated to Coast Guard for 110-123 foot patrol boat
conversions that are recovered, ollected, or otherwise received
as a result of negotiation, mediation, or litigation, shall be
available until expended for the replacement patrol boat
program.
Section 518. The bill continues and modifies a provision
that prohibits obligation of funds to commence operations at
the National Applications Office (NAO) other than those
previously carried out under the authorities of the Civil
Applications Committee until certain conditions are met. The
bill also requires the OIG to audit the operations of the NAO
and provide quarterly reports to the Committees, starting six
months after the date of enactment of this Act. In addition,
the bill includes a provision that prohibits obligation of
funds to commence operations of the National Immigration
Information Sharing Operation until certain conditions are met.
Section 519. The bill continues a provision requiring the
Chief Financial Officer to submit monthly budget execution and
staffing reports within 45 days after the close of each month.
Section 520. The bill continues a provision relating to
undercover investigative operations authority of the Secret
Service.
Section 521. The bill continues a provision classifying the
functions of instructor staff at FLETC as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Section 522. The bill includes a new provision pertaining
to the human resources management system.
Section 523. The bill continues a provision regarding the
enforcement of section 4025(1) of Public Law 108-458 pertaining
to butane lighters.
Section 524. The bill continues and modifies a provision
prohibiting the Secretary of Homeland Secretary from reducing
operations within the Coast Guard's civil engineering program
except as specifically authorized in statute after the date of
enactment of this Act.
Section 525. The bill continues and modifies a provision
prohibiting the obligation of funds to the Office of the
Secretary and Executive Management, the Office of the Under
Secretary for Management, or the Office of the Chief Financial
Officer for grants or contracts awarded by any means other than
full and open competition. Certain exceptions apply. The bill
also requires the OIG to review Departmental contracts awarded
noncompetitively and report on the results to the Committees.
Section 526. The bill continues a provision that prohibits
funding for any position designated as a Principal Federal
Official during Stafford Act declared disasters or emergencies.
Section 527. The bill continues a provision prohibiting
funding to grant an immigration benefit to any individual
unless the results of background checks required in statute to
be completed prior to the grant of the benefit have been
received by DHS.
Section 528. The bill continues a provision prohibiting use
of funds to destroy or put out to pasture any horse or other
equine belonging to the Federal government unless adoption has
been offered first.
Section 529. The bill continues a provision that precludes
DHS from using funds in this Act to carry out reorganization
authority.
Section 530. The bill continues a provision regarding the
use of the National Center for Critical Information Processing
and Storage data center.
Senate 531. The bill continues a provision prohibiting
funds from being used to reduce the Coast Guard's Operations
Systems Center mission or its government-employed or contract
staff.
Section 532. The bill continues a provision prohibiting
funds to be used to conduct or implement the results of a
competition under Office of Management and Budget Circular A-76
with respect to the Coast Guard National Vessel Documentation
Center.
Section 533. The bill continues a provision that requires
the Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 534. The bill continues a provision prohibiting the
obligation of funds for the Office of Secretary and Executive
Management for any new hires at DHS if they are not verified
through the E-Verify system.
Section 535. The bill continues a provision related to
prescription drugs.
Section 536. The bill continues a provision prohibiting
funds available in this Act from being used to implement a 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 Federal Register 3984 (January 27, 2005).
Section 537. The bill continues and modifies a provision
relating to other transactional authority of DHS through fiscal
year 2009. Language requires the Secretary to issue policy
guidance detailing the appropriate use of other transactional
authority and provide training to each employee that has
authority to handle procurements under this authority. The
Secretary shall report on projects that this authority was used
for.
Section 538. The bill continues a provision prohibiting
funds for planning, testing, piloting or developing a national
identification card.
Section 539. The bill continues a provision that requires a
report summarizing damage assessment information used to
determine whether to declare a major disaster.
Section 540. The bill includes a new provision relating to
the liquidation of Plum Island assets if the site is not chosen
for the new National Bio and Agro-defense Facility and how the
proceeds from this sale may be applied.
Section 541. The bill includes a new provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 542. The bill includes a new provision requiring
the Secretary of Homeland Security, in conjunction with the
Secretary of Treasury, to notify the Committees of proposed
transfers of surplus balances from the Department of Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security. No transfers may be obligated until the Committees
approve the proposed transfers and their use.
Section 543. The bill includes a new provision pertaining
to alien flight school training.
Section 544. The bill includes a new provision on unmanned
aerial systems.
Section 545. The bill includes a new provision requiring
the Assistant Secretary of Homeland Security (TSA) to certify
that no security risks will result if any airport does not
participate in the basic pilot program.
Section 546. The bill includes a new provision related to
disaster assistance payments for police stations, fire
stations, or criminal justice facilities that were damaged by
Hurricanes Katrina or Rita.
Section 547. The bill includes a new provision providing
$50,000,000 for REAL ID grants and $50,000,000 for a REAL ID
information sharing and verification system.
Section 548. The bill includes a new provision regarding
debris removal in Mississippi as a result of Hurricane Katrina.
Section 549. The bill rescinds $31,000,000 from unobligated
balances of prior year appropriations made available to TSA.
Language is included that specifies programs from which funds
cannot be rescinded. TSA shall notify the Committees on the
distribution of the rescission prior to its implementation.
Section 550. The bill rescinds $21,373,000 from unobligated
balances of prior year appropriations made available for
Analysis and Operations. The Secretary shall notify the
Committees on the distribution of the rescission 30 days after
the date of enactment of this Act.
Section 551. The bill rescinds $20,000,000 from unobligated
balances of prior year appropriations made available for the
Coast Guard ``Acquisition, Construction, and Improvements''.
The Coast Guard shall notify the Committees on the distribution
of the rescission prior to its implementation.
Section 552. The bill includes a new provision on
predisaster mitigation.
Section 553. The bill includes new language extending the
authority of the Predisaster Mitigation Fund until September
30, 2009.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each Senator, House Member, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
DEPARTMENT OF HOMELAND SECURITY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Account Project Amount Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CIO National Center for Critical Information Processing and $22,300,000 Thad Cochran
Storage, MS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Salaries and Expenses Containerized Cargo Inspection Demonstration Project 2,000,000 Henry Brown, Lindsey Graham
(Project SeaHawk), Port of Charleston, SC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Salaries and Expenses 2010 Olympics Coordination Center, WA 4,500,000 Patty Murray, Rick Larsen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Air and Marine Interdiction, Operations, Maintenance, Wireless Airport Surveillance Platform, NC 5,000,000 Bob Etheridge
and Procurement
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Advanced Training Center, WV 39,700,000 Robert Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Del Rio: Comstock, TX Station 25,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Detroit: Sandusky, OH Station 4,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Calexico, CA Station 34,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Indio, CA Station 18,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Sector HQ Vehicle Maintenance Facility, CA 18,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction EL Paso: Expanded Checkpoints, TX 1,513,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Marfa: Presidio, TX Station 3,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Blythe, CA Station 28,900,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Boulevard, CA Station 31,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Casa Grande, AZ Station 17,873,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Naco, AZ Station 47,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Sonoita, AZ Station 27,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Yuma, AZ Hangar, Maintenance & Admin 4,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction El Centro, CA Hangar, Maintenance & Admin 2,100,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction El Paso, TX Consolidation of facilities 1,500,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Laredo, TX Hangar, Maintenance & Admin 4,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Marfa, TX Hangar, Maintenance & Admin 3,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Uvalde, TX Hangar, Maintenance & Admin 2,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Operating Expenses Operations Systems Center, WV 3,600,000 Robert Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Sector Buffalo, NY 3,000,000 Brian Higgins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Rescue Swimmer Training Facility, NC 15,000,000 G.K. Butterfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements CG Air Station Cape Cod, MA 5,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Sector Delaware Bay, NJ 13,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Coast Guard Housing-Cordova, AK 11,600,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Coast Guard Academy-Chase Hall, CT 10,300,000 The President, Chris Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Station Montauk, NY 1,550,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Fourteen Mile Bridge, Mobile, AL 4,000,000 Robert Aderholt, Jo Bonner, Richard Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Galveston Causeway Bridge, Galveston, TX 4,000,000 John Culberson, Gene Green, Kay Bailey Hutchison, Ron
Paul, Ted Poe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Elgin, Joliet, and Eastern Railway Company Bridge, 2,000,000 Richard Durbin, Jerry Weller
Morris, IL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Burlington Northern Railroad Bridge, Burlington IA 2,000,000 Tom Harkin, David Loebsack
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Chelsea Street Bridge, Chelsea, MA 2,000,000 Edward Kennedy, John Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Canadian Pacific Railway Bridge, La Crosse, WI 2,000,000 Herb Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Secret Service Acquisition, Construction, Improvements, Perimeter security and noise abatement study at the 250,000 Steny Hoyer
and Related Expenses Rowley training center, MD
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security Philadelphia Infrastructure monitoring, PA 2,000,000 Chaka Fattah
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security Critical Underground Infrastructure in major urban areas 3,000,000 Peter King, Carolyn McCarthy, James Walsh, Charles
Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security Office of Bombing Prevention, IED-Geospatial Analysis 1,000,000 John Murtha
Tool Plus, PA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security State and Local Cybersecurity Training, University of 3,500,000 Ciro Rodriguez
Texas, San Antonio, TX
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security Power and Cyber Systems Protection, Analysis, and Testing 4,000,000 Mike Simpson, Larry Craig
Program at Idaho National Laboratory, ID
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security National Infrastructure Simulation and Analysis Center, 20,000,000 The President, Pete Domenici
NM
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Management and Administration Impacts of Climate on Future Disasters, State of North 5,000,000 David Price
Carolina
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Management and Administration Flood Control and Hazard Mitigation Demonstration 2,425,000 Harold Rogers
Program, Commonwealth of Kentucky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Management and Administration Pacific Region Homeland Security Center, HI 2,200,000 Daniel Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs National Domestic Preparedness Consortium The President, Rodney Alexander, Wayne Allard, John
Carter, John
National Energetic Materials Research and Testing Center, 23,000,000 Cornyn, Pete Domenici, Chet Edwards, Charles Gonzalez,
New Mexico Institute of Mining and Technology, NM Kay
Bailey Hutchison, Daniel Inouye, Mary Landrieu, Harry
Reid, Ken
National Center for Biomedical Research and Training, 23,000,000 Salazar, John Salazar, David Vitter
Louisiana State University, LA
National Emergency Response and Rescue Training Center, 23,000,000
Texas A&M University, TX
National Exercise, Test, and Training Center, Nevada Test 23,000,000
Site, NV
Transportation Technology Center, Incorporated, CO 5,000,000
National Disaster Preparedness Training Center, 5,000,000
University of Hawaii, HI
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Center for Domestic Preparedness 62,500,000 The President, Richard Shelby, Robert Aderholt, Mike
Rogers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Counterterrorism and Cyber Crime Center, VT 1,700,000 Patrick Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Tensas Parish Police Jury, 750,000 Rodney Alexander
LA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Rialto, CA 225,000 Joe Baca
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Village of Poynette, WI 1,000,000 Tammy Baldwin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Sebastian County, AR 750,000 John Boozman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Lake County, FL 1,000,000 Corrine Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Sarasota County, FL 1,000,000 Vern Buchanan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Northumberland County, 1,000,000 Christopher P. Carney
Department of Public Safety, PA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Detroit, MI 1,000,000 John Conyers, Carolyn Kilpatrick, Carl Levin, Debbie
Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, San Diego Unified School 400,000 Susan A. Davis
District, San Diego, CA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Half Moon Bay, CA 750,000 Anna G. Eshoo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Chesterfield County, VA 250,000 Randy Forbes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Spencer County 1,000,000 Baron P. Hill
Commissioners, Rockport, IN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Gladstone, OR 60,000 Darlene Hooley
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Coral Springs, FL 550,000 Ron Klein, Robert Wexler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Snohomish County, WA 1,000,000 Rick Larsen, Maria Cantwell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, County of Atlantic, NJ 750,000 Frank LoBiondo, Frank Lautenberg, Robert Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Rio Vista, CA 150,000 Daniel Lungren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, American Red Cross, 35,000 Doris Matsui
Sacramento Sierra Chapter, CA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Village of Bellerose, NY 200,000 Carolyn McCarthy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Town of Pomona Park, FL 300,000 John Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, San Francisco Police 1,000,000 Nancy Pelosi
Department, CA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, North Carolina Department of 1,000,000 David Price
Crime Control and Public Safety, NC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Del Rio, TX 500,000 Ciro Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Bell Gardens, CA 175,000 Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Cudahy, CA 50,000 Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, The County of Cook, IL 1,000,000 Bobby Rush
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Douglas County, GA 500,000 David Scott
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Richmond, Office of 750,000 Robert C. ``Bobby'' Scott
Emergency Management, VA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Hudson County, NJ 1,000,000 Albio Sires, Frank Lautenberg, Robert Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Marion County, FL 750,000 Cliff Stearns
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Miami Beach, FL 1,000,000 Debbie Wasserman Schultz, Ilena Ros-Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Vermont Emergency Management 1,000,000 Peter Welch, Patrick Leahy
Agency, VT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Crittenden County, KY 750,000 Ed Whitfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Rainbow City, AL 1,000,000 Robert Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Municipality of Murrysville, PA 100,000 Jason Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Bibb County, Emergency Management Agency, AL 750,000 Spencer Bachus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Wynne, AR 50,000 Marion Berry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of San Diego, CA 1,000,000 Brian Bilbray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Pinellas County, FL 1,000,000 Gus Bilirakis, C.W. ``Bill'' Young, Kathy Castor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Brigham City (Corporation), UT 650,000 Rob Bishop, Robert Bennett, Orrin Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Coolidge, GA 80,000 Sanford Bishop
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Drywood Township, Garland, KS 35,000 Nancy Boyda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Merced, CA 500,000 Dennis Cardoza
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Newark, DE 300,000 Michael Castle, Joseph Biden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Adjutant General's Office of Emergency Preparedness, SC 1,000,000 James E. Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Alabama Department of Homeland Security, for Jackson 90,000 Robert Cramer
County, AL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Harris County Flood Control District, TX 1,000,000 John Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Tarrant County, TX 1,000,000 Kay Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Chula Vista, CA 400,000 Bob Filner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation North West, MO Regional Council of Governments 300,000 Sam Graves
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Florida Atlantic University, Boca Raton, FL 300,000 Alcee Hastings, Tim Mahoney, Debbie Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Kannapolis, NC 468,000 Robin Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Town of Conklin, NY 330,000 Maurice Hinchey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation County of Hawaii, Civil Defense Agency, HI 400,000 Mazie Hirono
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Berlin, Public Health Department, NH 100,000 Paul Hodes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Trenton, NJ 500,000 Rush Holt, Christopher Smith, Frank Lautenberg, Robert
Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Santa Clara Water Valley District, San Jose, CA 790,000 Michael Honda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Houston, TX 200,000 Sheila Jackson-Lee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation West Jefferson Medical Center, Marrero, LA 400,000 William Jefferson, Mary Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Erie County, Sandusky, OH 399,000 Marcy Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Wayne County, Detroit, MI 300,000 Carolyn Kilpatrick, Carl Levin, Debbie Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation New York State Emergency Management Office, NY 1,000,000 Nita Lowey, Jose Serrano, Peter King
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Berkeley, CA 750,000 Barbara Lee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Taylorsville, KY 750,000 Ron Lewis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Westchester and Rockland Counties, NY 500,000 Nita Lowey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Town of Lake Placid, FL 500,000 Tim Mahoney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Tifton-Tift County Emergency Management Agency (EMA), GA 40,000 Jim Marshall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Town of Pembroke Park, FL 400,000 Kendrick Meek
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Miami, FL 1,000,000 Kendrick Meek, Ilena Ros-Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Mission Viejo, CA 850,000 Gary Miller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Yardley Borough, PA 500,000 Patrick Murphy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Clark County Emergency Management, WI 300,000 David Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation County of Essex, NJ 500,000 Donald Payne
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Val Verde County, Del Rio, TX 500,000 Ciro Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation County of Los Angeles, CA 600,000 Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Los Angeles, CA 500,000 Adam Schiff
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of New Braunfels, TX 360,000 Lamar Smith
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Brown Township Board of Trustees, Malvern, OH 247,728 Zachary Space
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Barberton, OH 200,000 Betty Sutton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Mississippi Homeland Security Office, MS 500,000 Bennie Thompson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Town of North Andover, MA 100,000 John Tierney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Cities of Lake Station and Hobart, IN 500,000 Peter Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Owatonna, MN 400,000 Timothy Walz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Putnam County, FL 450,000 John Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Lake City, TN 418,000 Zack Wamp
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FLETC Acquisition, Construction, Improvements, and Related Artesia Construction, NM 3,000,000 Pete Domenici
Expenses
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FLETC Acquisition, Construction, Improvements, and Related Practical Application/Counterterrorism Operations 9,195,000 The President
Expenses Training Facility, GA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Acquisition, and Operations Southeast Region Research Initiative, TN 27,000,000 Lamar Alexander, Thad Cochran, Roger Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Acquisition, and Operations Distributed Environment for Critical Infrastructure 3,000,000 Robert Bennett, Patrick Leahy, Joe Lieberman, George
Decisionmaking Exercises, Multiple Locations Voinovich, Rob Bishop, Dean Heller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Acquisition, and Operations Naval Postgraduate School, CA 2,000,000 Sam Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Acquisition, and Operations Homeland Security Research, Development, & Manufacturing 2,000,000 Steve Israel, Peter King, Charles Schumer
Pilot, Bay Shore, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Acquisition, and Operations National Institute for Hometown Security, Community-Based 11,000,000 Harold Rogers
Infrastructure Protection Solutions, KY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision Mississippi Debris Removal Thad Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Funding Recommendations
The bill detailed funding recommendations for programs are
contained in the table listed below.
[GRAPHIC] [TIFF OMITTED] T4807.248
[GRAPHIC] [TIFF OMITTED] T4807.249
[GRAPHIC] [TIFF OMITTED] T4807.250
[GRAPHIC] [TIFF OMITTED] T4807.251
[GRAPHIC] [TIFF OMITTED] T4807.252
[GRAPHIC] [TIFF OMITTED] T4807.253
[GRAPHIC] [TIFF OMITTED] T4807.254
[GRAPHIC] [TIFF OMITTED] T4807.255
[GRAPHIC] [TIFF OMITTED] T4807.256
[GRAPHIC] [TIFF OMITTED] T4807.257
[GRAPHIC] [TIFF OMITTED] T4807.258
[GRAPHIC] [TIFF OMITTED] T4807.259
[GRAPHIC] [TIFF OMITTED] T4807.260