[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.
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