[Congressional Record Volume 155, Number 147 (Tuesday, October 13, 2009)]
[House]
[Pages H11195-H11257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CONFERENCE REPORT ON H.R. 2892, DEPARTMENT OF HOMELAND SECURITY 
                        APPROPRIATIONS ACT, 2010

  Mr. PRICE of North Carolina (during consideration of H.R. 1327) 
submitted the following conference report and statement on the bill 
(H.R. 2892) making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2010, and for other 
purposes:

                  Conference Report (H. Rept. 111-298)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2892), making appropriations for the Department of Homeland 
     Security for the fiscal year ending September 30, 2010, and 
     for other purposes, having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:
     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, 
     2010, 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, $147,818,000: Provided, That not to exceed 
     $60,000 shall be for official reception and representation 
     expenses, of which $20,000 shall be made available to the 
     Office of Policy solely to host Visa Waiver Program 
     negotiations in Washington, DC: Provided further, That 
     $15,000,000 shall not be available for obligation for the 
     Office of Policy until the Secretary submits an expenditure 
     plan for the Office of Policy for fiscal year 2010: Provided 
     further, That all official costs associated with the use of 
     government aircraft by Department of Homeland Security 
     personnel to support official travel of the Secretary and the 
     Deputy Secretary shall be paid from amounts made available 
     for the Immediate Office of the Secretary and the Immediate 
     Office of the Deputy Secretary.

              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), 
     $254,190,000, of which not less than $1,000,000 shall be for 
     logistics training; and of which not to exceed $3,000 shall 
     be for official reception and representation expenses: 
     Provided, That of the total amount made available under this

[[Page H11196]]

     heading, $5,500,000 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), $60,530,000, of which 
     $11,000,000 shall remain available until expended for 
     financial systems consolidation efforts: Provided, That of 
     the total amount made available under this heading, 
     $5,000,000 shall not be obligated until the Chief Financial 
     Officer or an individual acting in such capacity submits a 
     financial management improvement plan that addresses the 
     recommendations outlined in the Department of Homeland 
     Security Office of Inspector General report OIG-09-72, 
     including yearly measurable milestones, to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives: Provided further, That the plan described in 
     the preceding proviso shall be submitted not later than 
     January 4, 2010.

                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, $338,393,000; of which 
     $86,912,000 shall be available for salaries and expenses; and 
     of which $251,481,000, to remain available until expended, 
     shall be available for development and acquisition of 
     information technology equipment, software, services, and 
     related activities for the Department of Homeland Security: 
     Provided, That of the total amount appropriated, not less 
     than $82,788,000 shall be available for data center 
     development, of which not less than $38,540,145 shall be 
     available for power capabilities upgrades at Data Center One 
     (National Center for Critical Information Processing and 
     Storage): 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 intelligence analysis and 
     operations coordination activities, as authorized by title II 
     of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
     $335,030,000, of which not to exceed $5,000 shall be for 
     official reception and representation expenses; and of which 
     $190,862,000 shall remain available until September 30, 2011: 
     Provided, That none of the funds provided in this or any 
     other Act shall be available to commence operations of the 
     National Immigration Information Sharing Operation or any 
     follow-on entity 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 operations of 
     the National Immigration Information Sharing Operation or any 
     follow-on entity pursuant to section 503 of this Act.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                      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.), $113,874,000, 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 4,500 (4,000 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $8,064,713,000, of 
     which $3,226,000 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 $309,629,000 
     shall be for Air and Marine Operations; of which such sums as 
     become available in the Customs User Fee Account, except 
     sums subject to section 13031(f)(3) of the Consolidated 
     Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
     58c(f)(3)), shall be derived from that account; of which 
     not to exceed $150,000 shall be available for payment for 
     rental space in connection with preclearance operations; 
     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; and of which not more than $800,000 shall be for 
     procurement of portable solar charging rechargeable 
     battery systems: Provided, That for fiscal year 2010, the 
     overtime limitation prescribed in section 5(c)(1) of the 
     Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be 
     $35,000; and notwithstanding any other provision of law, 
     none of the funds appropriated by this Act may be 
     available to compensate any employee of U.S. Customs and 
     Border Protection for overtime, from whatever source, in 
     an amount that exceeds such limitation, except in 
     individual cases determined by the Secretary of Homeland 
     Security, or the designee of the Secretary, to be 
     necessary for national security purposes, to prevent 
     excessive costs, or in cases of immigration emergencies: 
     Provided further, That of the total amount provided, 
     $1,700,000 shall remain available until September 30, 
     2011, for the Global Advanced Passenger Information/
     Passenger Name Record Program.

                        automation modernization

       For expenses for U.S. Customs and Border Protection 
     automated systems, $422,445,000, to remain available until 
     expended, of which not less than $227,960,000 shall be for 
     the development of the Automated Commercial Environment: 
     Provided, That of the total amount made available under this 
     heading, $50,000,000 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 border security fencing, infrastructure, 
     and technology, $800,000,000, to remain available until 
     expended: Provided, That of the total amount made available 
     under this heading, $75,000,000 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, 
     reviewed by the Government Accountability Office, 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 of other forms of tactical infrastructure and technology, 
     that includes--
       (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 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 including all supporting documents or memoranda, 
     and documentation and a description of the investment review 
     processes used to obtain such certifications, that--
       (A) 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 
     as provided in Circular A-11, part 7;
       (B) 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

[[Page H11197]]

     risks, and the status of the implementation of such actions; 
     and
       (C) 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 and all contracts under such program, 
     including the exercise of technical oversight;
       (9) a certification by the Chief Information Officer of the 
     Department including all supporting documents or memoranda, 
     and documentation and a description of the investment review 
     processes used to obtain such certifications that--
       (A) the system architecture of the program has been 
     determined to be 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; 
     and
       (C) an independent verification and validation agent is 
     currently under contract for the projects funded under this 
     heading;
       (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; and
       (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, including 
     cost, level of operational control, possible unintended 
     effects on communities, and other factors critical to the 
     decisionmaking process:
     Provided further, That the Secretary shall report to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives on the progress of the program, 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 made available 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 
     made available under this heading may be obligated for any 
     project or activity for which the Secretary has exercised 
     waiver authority pursuant to section 102(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) until 15 days have elapsed from the date 
     of the publication of the decision in the Federal Register.

 air and marine interdiction, operations, maintenance, and procurement

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, unmanned aircraft 
     systems, and other related equipment of the air and marine 
     program, including operational training and mission-related 
     travel, and rental payments for facilities occupied by the 
     air or marine interdiction and demand reduction programs, the 
     operations of which include the following: the interdiction 
     of narcotics and other goods; the provision of support to 
     Federal, State, and local agencies in the enforcement or 
     administration of laws enforced by the Department of Homeland 
     Security; and at the discretion of the Secretary of Homeland 
     Security, the provision of assistance to Federal, State, and 
     local agencies in other law enforcement and emergency 
     humanitarian efforts, $519,826,000, to remain available until 
     expended: Provided, That no aircraft or other related 
     equipment, with the exception of aircraft that are one of a 
     kind and have been identified as excess to U.S. Customs and 
     Border Protection requirements and aircraft that have been 
     damaged beyond repair, shall be transferred to any other 
     Federal agency, department, or office outside of the 
     Department of Homeland Security during fiscal year 2010 
     without the prior approval of the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.

                 construction and facilities management

       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, immigration, and border security, $319,570,000, to 
     remain available until expended; of which $39,700,000 shall 
     be for constructing and equipping the Advanced Training 
     Center; and of which not more than $3,500,000 shall be for 
     acquisition, design, and construction of U.S. Customs and 
     Border Protection Air and Marine facilities at El Paso 
     International Airport, Texas: Provided, That for fiscal year 
     2011 and thereafter, the annual budget submission of U.S. 
     Customs and Border Protection for ``Construction and 
     Facilities Management'' 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 
     delineated by land port of entry.

                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; $5,342,134,000, 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 2010 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 $1,500,000,000 shall be 
     available to identify aliens convicted of a crime who may be 
     deportable, and to remove them from the United States once 
     they are judged deportable, of which $200,000,000 shall 
     remain available until September 30, 2011: 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, not later than 45 days after 
     the end of each quarter of the fiscal year, on progress in 
     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 funding made available 
     under this heading shall maintain a level of not less than 
     33,400 detention beds through September 30, 2010: Provided 
     further, That of the total amount provided, not less than 
     $2,545,180,000 is for detention and removal operations, 
     including transportation of unaccompanied minor aliens: 
     Provided further, That of the total amount provided, 
     $7,300,000 shall remain available until September 30, 2011, 
     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 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 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: 
     Provided further, That none of the funds provided under this 
     heading may be obligated to collocate field offices of U.S. 
     Immigration and Customs Enforcement until the Secretary of 
     Homeland Security submits to the Committees on Appropriations 
     of the Senate and the House of Representatives a plan for the 
     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.

                        automation modernization

                     (including transfer of funds)

       For expenses of immigration and customs enforcement 
     automated systems, $90,000,000, to remain available until 
     expended: Provided, That of the funds made available under 
     this heading, $10,000,000 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: Provided further, That of the 
     total amount provided under this heading, up to $10,000,000 
     may be transferred to U.S. Immigration and Customs 
     Enforcement ``Salaries and Expenses'' account for data center 
     migration.

[[Page H11198]]

                              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, $4,818,000, to remain available 
     until expended: Provided, That none of the funds made 
     available in this Act 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

       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), 
     $5,214,040,000, to remain available until September 30, 2011, 
     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 
     $4,358,076,000 shall be for screening operations, of which 
     $1,116,406,000 shall be available for explosives detection 
     systems; and not to exceed $855,964,000 shall be for aviation 
     security direction and enforcement: Provided further, That of 
     the amount made available in the preceding proviso for 
     explosives detection systems, $778,300,000 shall be available 
     for the purchase and installation of these systems, of which 
     not less than 28 percent shall be available for the purchase 
     and installation of certified explosives detection systems at 
     medium- and small-sized airports: Provided further, That any 
     award to deploy explosives detection systems shall be based 
     on risk, the airport's 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 of the total 
     amount provided, $1,250,000 shall be made available for Safe 
     Skies Alliance to develop and enhance research and training 
     capabilities for Transportation Security Officer improvised 
     explosive recognition training: 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 
     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 2010, 
     so as to result in a final fiscal year appropriation from the 
     general fund estimated at not more than $3,114,040,000: 
     Provided further, That any security service fees collected in 
     excess of the amount made available under this heading shall 
     become available during fiscal year 2011: 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, 
     Deputy 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, $110,516,000, to remain available until 
     September 30, 2011.

           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, 
     $171,999,000, to remain available until September 30, 2011.

                    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), $1,001,780,000, to remain 
     available until September 30, 2011: 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 air cargo security, and for 
     checkpoint support and explosives detection systems 
     refurbishment, procurement, and installations on an airport-
     by-airport basis for fiscal year 2010: 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, 
     $860,111,000.

                              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; purchase or lease of small 
     boats for contingent and emergent requirements (at a unit 
     cost of no more than $700,000) and 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; $6,805,391,000, of 
     which $581,503,000 shall be for defense-related 
     activities, of which $241,503,000 is designated as being 
     for overseas deployments and other activities pursuant to 
     sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for 
     fiscal year 2010; 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 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 of the funds provided 
     under this heading, $50,000,000 shall be withheld from 
     obligation for Headquarters Directorates until: (1) the 
     fiscal year 2010 second quarter acquisition report 
     required by Public Law 108-7 and the fiscal year 2008 
     joint explanatory statement accompanying Public Law 110-
     161; (2) the Revised Deepwater Implementation Plan; and 
     (3) the future-years capital investment plan for fiscal 
     years 2011-2015 are received by the Committees on 
     Appropriations of the Senate and the House of 
     Representatives: Provided further, That funds made 
     available under this heading for overseas deployments and 
     other activities pursuant to sections 401(c)(4) and 
     423(a)(1) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010, 
     may be allocated by program, project, and activity, 
     notwithstanding section 503 of this Act.

                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, $13,198,000, 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; $133,632,000.

              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; 
     $1,537,080,000, 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 $121,000,000 shall be available 
     until September 30, 2014, to acquire, repair, renovate, or 
     improve vessels, small boats, and related equipment; of which 
     $129,500,000 shall be available until September 30, 2012, for 
     other equipment; of which $27,100,000 shall be available 
     until September 30, 2012, for shore facilities and aids to 
     navigation facilities, including not less than $300,000 for 
     the Coast Guard Academy Pier and not less than $16,800,000 
     for Coast Guard Station Cleveland Harbor; of which 
     $105,200,000 shall be available for personnel compensation 
     and benefits and related costs; and of which $1,154,280,000 
     shall be available until September 30, 2014, for the 
     Integrated Deepwater Systems program: Provided, That of the 
     funds made available for the Integrated Deepwater Systems 
     program, $269,000,000 is for aircraft and $730,680,000 is for 
     surface ships: 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 2011 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 such legacy assets; a 
     detailed explanation of how the costs of such 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, in conjunction with the fiscal year 2011 
     budget request, a comprehensive review of the Revised 
     Deepwater Implementation Plan, and every 5 years thereafter, 
     that includes a complete projection of the acquisition costs 
     and schedule for the duration of the plan: 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;

[[Page H11199]]

       (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 2010.

                         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), $4,000,000, to remain 
     available until expended: Provided, That of the amounts made 
     available under this heading, $4,000,000 shall be for the 
     Fort Madison Bridge in Fort Madison, Iowa.

              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; $24,745,000, 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, $1,361,245,000, 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 652 vehicles for police-
     type use for replacement only; 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; $1,478,669,000, 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 for protective travel shall remain available 
     until September 30, 2011: 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 none of the funds made 
     available 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: Provided further, That of the total 
     amount made available under this heading, $33,960,000, to 
     remain available until expended, is for information 
     technology modernization: Provided further, That none of 
     the funds made available in the preceding proviso shall be 
     obligated to purchase or install information technology 
     equipment until the Chief Information Officer of the 
     Department of Homeland Security submits a report to the 
     Committees on Appropriations of the Senate and the House 
     of Representatives certifying that all plans for such 
     modernization are consistent with Department of Homeland 
     Security data center migration and enterprise architecture 
     requirements: Provided further, That none of the funds 
     made available to the United States Secret Service by this 
     Act or by previous appropriations Acts may be obligated 
     for the purpose of opening a new permanent domestic or 
     overseas office or location unless the Committees on 
     Appropriations of the Senate and the House of 
     Representatives are notified 15 days in advance of such 
     obligation.

     acquisition, construction, improvements, and related expenses

       For necessary expenses for acquisition, construction, 
     repair, alteration, and improvement of facilities, 
     $3,975,000, to remain available until expended.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

       For salaries and expenses of the Office of the Under 
     Secretary for the National Protection and Programs 
     Directorate, support for operations, information technology, 
     and the Office of Risk Management and Analysis, $44,577,000: 
     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.), $899,416,000, of which $760,155,000 shall 
     remain available until September 30, 2011:  Provided, That of 
     the amount made available under this heading, $161,815,000 
     may not be obligated for the National Cyber Security Division 
     program and $12,500,000 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 each of these 
     programs 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 and 
     milestones: Provided further, That of the total amount 
     provided, no less than: $20,000,000 is for the National 
     Infrastructure Simulation and Analysis Center; $1,000,000 is 
     for Philadelphia infrastructure monitoring; $3,500,000 is for 
     State and local cyber security training; $3,000,000 is for 
     the Power and Cyber Systems Protection, Analysis, and Testing 
     Program at the Idaho National Laboratory; $3,500,000 is for 
     the Cyber Security Test Bed and Evaluation Center; $3,000,000 
     is for the Multi-State Information Sharing and Analysis 
     Center; $500,000 is for the Virginia Operational Integration 
     Cyber Center of Excellence; $100,000 is for the Upstate New 
     York Cyber Initiative; and $1,000,000 is for interoperable 
     communications, technical assistance, and outreach programs.

                       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, 2009, that the operations of the 
     Federal Protective Service will be fully funded in fiscal 
     year 2010 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'').

    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), $373,762,000, 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

[[Page H11200]]

     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, 
     not later than 90 days after the date of enactment of this 
     Act that meets the statutory conditions specified under this 
     heading in Public Law 110-329: Provided further, That not 
     less than $28,000,000 of unobligated balances of prior year 
     appropriations shall remain available and be obligated solely 
     for implementation of a biometric air exit capability.

                        Office of Health Affairs

       For necessary expenses of the Office of Health Affairs, 
     $139,250,000, of which $30,411,000 is for salaries and 
     expenses: Provided, That $108,839,000 shall remain available 
     until September 30, 2011, for biosurveillance, BioWatch, 
     medical readiness planning, chemical response, and other 
     activities, including $5,000,000 for the North Carolina 
     Collaboratory for Bio-Preparedness, University of North 
     Carolina, Chapel Hill: Provided further, 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, $797,650,000, 
     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 Cerro Grande Fire Assistance Act of 
     2000 (division C, title I, 114 Stat. 583), the Earthquake 
     Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
     Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
     sections 107 and 303 of the National Security Act of 1947 (50 
     U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
     App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.), and the Post-Katrina Emergency Management Reform Act 
     of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That 
     not to exceed $3,000 shall be for official reception and 
     representation expenses: Provided further, That the 
     President's budget submitted under section 1105(a) of title 
     31, United States Code, shall be detailed by office for the 
     Federal Emergency Management Agency: Provided further, That 
     of the total amount made available under this heading, not to 
     exceed $36,300,000 shall remain available until September 30, 
     2011, for capital improvements at the Mount Weather Emergency 
     Operations Center: Provided further, That of the total amount 
     made available under this heading, $32,500,000 shall be for 
     the Urban Search and Rescue Response System, of which not to 
     exceed $1,600,000 may be made available for administrative 
     costs; and $6,995,000 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, $3,015,200,000 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 2010, 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) $887,000,000 shall be for the Urban Area Security 
     Initiative under section 2003 of the Homeland Security Act of 
     2002 (6 U.S.C. 604), of which, notwithstanding subsection 
     (c)(1) of such section, $19,000,000 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) $13,000,000 shall be for the Citizen Corps Program.
       (6) $300,000,000 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 $20,000,000 shall be 
     for Amtrak security: Provided, That such public 
     transportation security assistance shall be provided directly 
     to public transportation agencies.
       (7) $300,000,000 shall be for Port Security Grants in 
     accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 
     70107(c).
       (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) $50,000,000 shall be for Buffer Zone Protection Program 
     Grants.
       (10) $50,000,000 shall be for the Driver's License Security 
     Grants Program in accordance with section 204 of the REAL ID 
     Act of 2005 (49 U.S.C. 30301 note).
       (11) $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).
       (12) $60,000,000 shall be 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) to remain available until expended, of which no 
     less than the amount specified for each Emergency Operations 
     Center shall be provided as follows: $500,000, Benton County 
     Emergency Management Commission, Iowa; $100,000, Brazoria 
     County Emergency Management, Texas; $800,000, Butte-Silver 
     Bow, Montana; $338,000, Calvert County Department of Public 
     Safety, Maryland; $425,000, City of Alamosa Fire Department, 
     Colorado; $600,000, City of Ames, Iowa; $250,000, City of 
     Boerne, Texas; $500,000, City of Brawley, California; 
     $300,000, City of Brigantine, New Jersey; $350,000, City of 
     Brookings, Oregon; $1,000,000, City of Chicago, Illinois; 
     $1,000,000, City of Commerce, California; $300,000, City of 
     Cupertino, California; $1,000,000, City of Detroit, Michigan; 
     $750,000, City of Elk Grove, California; $400,000, City of 
     Green Cove Springs, Florida; $600,000, City of Greenville, 
     North Carolina; $300,000, City of Hackensack, New Jersey; 
     $800,000, City of Hartford, Connecticut; $250,000, City of 
     Hopewell, Virginia; $254,500, City of La Habra, California; 
     $600,000, City of Las Vegas, Nevada; $750,000, City of 
     Lauderdale Lakes, Florida; $750,000, City of Minneapolis, 
     Minnesota; $375,000, City of Monterey Park, California; 
     $400,000, City of Moreno Valley, California; $1,000,000, City 
     of Mount Vernon, New York; $1,000,000, City of Newark, New 
     Jersey; $900,000, City of North Little Rock, Arkansas; 
     $350,000, City of Palm Coast, Florida; $750,000, City of Port 
     Gibson, Mississippi; $500,000, City of Scottsdale, Arizona; 
     $750,000, City of Sunrise, Florida; $500,000, City of 
     Tavares, Florida; $400,000, City of Torrington, Connecticut; 
     $900,000, City of Whitefish, Montana; $500,000, City of 
     Whittier, California; $500,000, City of Wichita, Kansas; 
     $500,000, Columbia County, Oregon; $500,000, County of Union, 
     New Jersey; $400,000, Dorchester County, South Carolina; 
     $200,000, Fulton County (Atlanta) Emergency Management 
     Agency, Georgia; $250,000, Howell County Emergency 
     Preparedness, Missouri; $500,000, Jackson County Sheriff's 
     Office, Missouri; $750,000, Johnson County, Texas; $500,000, 
     Kentucky Emergency Management, Kentucky; $800,000, Lake 
     County, Florida; $600,000, Lea County, New Mexico; 
     $1,000,000, Lincoln County, Washington; $250,000, Lycoming 
     County, Pennsylvania; $250,000, Macomb County Emergency 
     Management and Communications, Michigan; $300,000, Mercer 
     County Emergency Management Agency, Kentucky; $1,000,000, 
     Middle Rio Grande Development Council, Texas; $250,000, 
     Minooka Fire Protection District, Illinois; $800,000, 
     Mobile County Commission, Alabama; $200,000, Monroe 
     County, Florida; $1,000,000, Morris County, New Jersey 
     Office of Emergency Management, New Jersey; $750,000, New 
     Orleans Emergency Medical Services, Louisiana; $1,000,000, 
     North Carolina Office of Emergency Management, North 
     Carolina; $500,000, North Hudson Regional Fire and Rescue, 
     New Jersey; $980,000, North Louisiana Regional, Lincoln 
     Parish, Louisiana; $1,500,000, Ohio Emergency Management 
     Agency, Columbus, Ohio; $250,000, Passaic County 
     Prosecutor's Office, New Jersey; $980,000, City of 
     Providence, Rhode Island; $800,000, San Francisco 
     Department of Emergency Management, California; $300,000, 
     Sarasota County, Florida; $650,000, Scotland County, North 
     Carolina; $500,000, Somerset County, Maine; $1,500,000, 
     State of Maryland, Maryland; $158,000, City of Maitland, 
     Florida; $500,000, Tohono O'odham Nation; $75,000, 
     Towamencin Township, Pennsylvania; $275,000, Town of 
     Harrison, New York; $500,000, Town of Shorter, Alabama; 
     $750,000, Township of Irvington, New Jersey; $500,000, 
     Township of Old Bridge, New Jersey; $247,000, Township of 
     South Orange Village, South Orange, New Jersey; $500,000, 
     Upper Darby Township Police Department, Pennsylvania; 
     $165,000, Village of Elmsford, New York; $350,000, 
     Washington Parish Government, Louisiana; $900,000, 
     Westmoreland County Department of Public Safety, 
     Pennsylvania; $1,000,000, Williamsburg County, South 
     Carolina; and $20,000, Winston County Commission, Alabama.
       (13) $267,200,000 shall be for training, exercises, 
     technical assistance, and other programs, of which--
       (A) $164,500,000 shall be for the National Domestic 
     Preparedness Consortium 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 Natural 
     Disaster Preparedness Training Center, University of Hawaii, 
     Honolulu, Hawaii; $5,000,000 shall be for surface 
     transportation emergency preparedness and response training 
     to be awarded under full and open competition;
       (B) $1,700,000 shall be for the Center for Counterterrorism 
     and Cyber Crime, Norwich University, Northfield, Vermont; and

[[Page H11201]]

       (C) $3,000,000 shall be for the Rural Domestic Preparedness 
     Consortium, Eastern Kentucky University:

     Provided, That 4 percent of the amounts provided under this 
     heading shall 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 after the date of enactment of this Act: 
     Provided further, That notwithstanding section 2008(a)(11) of 
     the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or 
     any other provision of law, a grantee may use not more than 5 
     percent of the amount of a grant made available under this 
     heading for expenses directly related to administration of 
     the grant:  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 (11), 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, and (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.

                     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.), $810,000,000, of which $390,000,000 shall be 
     available to carry out section 33 of that Act (15 U.S.C. 
     2229) and $420,000,000 shall be available to carry out 
     section 34 of that Act (15 U.S.C. 2229a), to remain available 
     until September 30, 2011: 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.), $340,000,000: Provided, That total 
     administrative costs shall not exceed 3 percent of the total 
     amount appropriated under this heading, 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.

              radiological emergency preparedness program

       The aggregate charges assessed during fiscal year 2010, 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, 2010, 
     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.), $45,588,000.

                            disaster relief

                     (including transfers 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.), $1,600,000,000, 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 submit to such Committees 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 $105,600,000 shall 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 expenditure 
     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.), 
     $146,000,000, 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 $38,680,000 
     for salaries and expenses associated with flood mitigation 
     and flood insurance operations; and (2) no less than 
     $107,320,000 for flood plain management and flood mapping, 
     which shall remain available until September 30, 2011: 
     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 2010, 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) $969,370,000 for commissions and taxes of 
     agents; (3) such sums as are necessary for interest on 
     Treasury borrowings; and (4) $120,000,000, which shall remain 
     available until expended for flood mitigation actions, of 
     which $70,000,000 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 $40,000,000 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), $100,000,000, to remain 
     available until expended and to be obligated as detailed in

[[Page H11202]]

     the joint explanatory 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.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services, $224,000,000, of which $50,000,000 is for 
     processing applications for asylum or refugee status; of 
     which $5,000,000 is for the processing of military 
     naturalization applications; and of which $137,000,000 is for 
     the basic pilot program (E-Verify Program), as authorized by 
     section 402 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist 
     United States employers with maintaining a legal workforce: 
     Provided, That of the amounts made available for the basic 
     pilot program (E-Verify Program), $30,000,000 shall remain 
     available until September 30, 2011: Provided further, That 
     notwithstanding any other provision of law, funds available 
     to United States Citizenship and Immigration Services may be 
     used to acquire, operate, equip, and dispose of up to five 
     vehicles, 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 to travel between the employees' residences and 
     places of employment: Provided further, That none of the 
     funds made available under this heading may be obligated for 
     processing applications for asylum or refugee status unless 
     the Secretary of Homeland Security has published a final rule 
     updating part 103 of title 8, Code of Federal Regulations, to 
     discontinue the asylum/refugee surcharge: Provided further, 
     That none of the funds made available under this heading may 
     be obligated for development of the ``REAL ID hub'' until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive 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 for achieving each of these goals and 
     milestones: Provided further, That none of the funds made 
     available in this Act for grants for immigrant integration 
     may be used to provide services to aliens who have not been 
     lawfully admitted for permanent residence.

                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; $239,356,000, of 
     which up to $47,751,000 shall remain available until 
     September 30, 2011, 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-
     329 (122 Stat. 3677), is further amended by striking 
     ``December 31, 2011'' and inserting ``December 31, 2012'': 
     Provided further, That the Federal Law Enforcement Training 
     Accreditation Board, including representatives from the 
     Federal law enforcement community and non-Federal 
     accreditation experts involved in law enforcement training, 
     shall lead the Federal law enforcement training accreditation 
     process to continue the implementation of measuring and 
     assessing the quality and effectiveness of Federal law 
     enforcement training programs, facilities, and instructors: 
     Provided further, That the Director of the Federal Law 
     Enforcement Training Center shall schedule basic or advanced 
     law enforcement training, or both, at all four training 
     facilities under the control of the Federal Law Enforcement 
     Training Center to ensure that such training facilities are 
     operated at the highest capacity throughout the fiscal year.

     acquisitions, construction, improvements, and related expenses

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

                         Science and Technology

                     management and administration

       For salaries and expenses of the Office of the Under 
     Secretary for Science and Technology and for management and 
     administration of programs and activities, as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.), $143,200,000: 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.); $863,271,000, of which $713,083,000, to remain 
     available until September 30, 2012; and of which 
     $150,188,000, to remain available until September 30, 2014, 
     solely for Laboratory Facilities: Provided, That not less 
     than $20,865,000 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 not less than $12,000,000 shall be for construction 
     expenses of the Pacific Northwest National Laboratory: 
     Provided further, That not less than $2,000,000 shall be for 
     the Cincinnati Urban Area partnership established through the 
     Regional Technology Integration Initiative: Provided further, 
     That not less than $10,000,000 shall be available for the 
     National Institute for Hometown Security, Kentucky: Provided 
     further, That not less than $2,000,000 shall be available for 
     the Naval Postgraduate School: Provided further, That not 
     less than $1,000,000 shall be available to continue a 
     homeland security research, development, and manufacturing 
     pilot project: Provided further, That not less than $500,000 
     shall be available for a demonstration project to develop 
     situational awareness and decision support capabilities 
     through remote sensing technologies: Provided further, That 
     not less than $4,000,000 shall be available for a pilot 
     program to develop a replicable port security system that 
     would improve maritime domain awareness: Provided further, 
     That $32,000,000 shall be for the National Bio- and Agro-
     defense Facility, of which up to $2,000,000 may be obligated 
     for the National Academy of Sciences to complete the Letter 
     Report required in section 560 (b) of this Act.

                   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.) as amended, for management 
     and administration of programs and activities, $38,500,000: 
     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, 
     $324,537,000, to remain available until September 30, 2012.

                          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, 
     $20,000,000, to remain available until September 30, 2012: 
     Provided, That none of the funds appropriated under this 
     heading in this Act or any other Act 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 by 
     such obligation: 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 
     continue to 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 
     2010, or provided from any accounts in the

[[Page H11203]]

     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 2010 
     Budget Appendix for the Department of Homeland Security, as 
     modified by the joint 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 
     2010, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees or proceeds 
     available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for programs, 
     projects, or activities through a reprogramming of funds in 
     excess of $5,000,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by the Congress; or (3) results from any general 
     savings from a reduction in personnel that would result in a 
     change in existing programs, projects, or activities as 
     approved by the Congress, unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers: Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) and shall not be 
     available for obligation unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances that imminently threaten the safety of human 
     life or the protection of property.
       Sec. 504.  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 2010: 
     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 2010 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 2010 from 
     appropriations for salaries and expenses for fiscal year 2010 
     in this Act shall remain available through September 30, 
     2011, 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 2010 until the enactment of an Act authorizing 
     intelligence activities for fiscal year 2010.
       Sec. 507.  None of the funds made available by this Act may 
     be used to make a grant allocation, grant award, contract 
     award, Other Transaction Agreement, a task or delivery order 
     on a Department of Homeland Security multiple award contract, 
     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 for 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 ``State and Local 
     Programs''.
       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 made available 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.  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. 513.  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. 514. (a) 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 until the requirement of section 
     44901(g)(2)(B) of title 49 is met.
       (b) 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 requirement of section 44901(g)(2)(B) of title 49, 
     United States Code.
       (c) Not later than 180 days after the date of the enactment 
     of this Act, the Assistant Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, a report on how the Transportation Security 
     Administration plans to meet the requirement for screening 
     all air cargo on passenger aircraft by the deadline under 
     section 44901(g) of title 49, United States Code. The report 
     shall identify the elements of the system to screen 100 
     percent of cargo transported between domestic airports at a 
     level of security commensurate with the level of security for 
     the screening of passenger checked baggage.
       Sec. 515.  Within 45 days after the end 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 for that month that includes total 
     obligations, on-board versus funded full-time equivalent 
     staffing levels, and the number of contract employees for 
     each office of the Department.
       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, 2007, and 2008 that are 
     recovered or deobligated shall be available only for the 
     procurement or installation of explosives detection systems, 
     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 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.

[[Page H11204]]

       Sec. 518. (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 section 9701(a) of title 5, 
     United States Code, or by regulations prescribed pursuant to 
     such section, for an employee, as that term is defined in 
     section 7103(a)(2) of such title.
       (b) The Secretary of Homeland Security shall collaborate 
     with employee representatives in the manner prescribed in 
     section 9701(e) of title 5, United States Code, 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 section 7103(a)(2) of such title.
       Sec. 519.  Section 532(a) of Public Law 109-295 (120 Stat. 
     1384) is amended by striking ``2009'' and inserting ``2010''.
       Sec. 520.  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. 521. (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 any 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, including the AbilityOne Program, that 
     is authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 
     et seq.);
       (2) pursuant to 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 
     subsections (a), (b), and (c) of this section, the Inspector 
     General of the Department of Homeland Security shall review 
     departmental contracts awarded through means other than a 
     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 means other than a full and 
     open competition: Provided further, That in selecting 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 no later than February 5, 2010.
       Sec. 522.  Except as provided in paragraphs (1) and (2) of 
     this section, none of the funds provided by this or previous 
     appropriations Acts shall be used to fund any position 
     designated as a Principal Federal Official, or any successor 
     position, for any Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared 
     disasters or emergencies--
       (1) The Secretary of Homeland Security may waive the 
     application of this section provided that any field position 
     appointed pursuant to this waiver shall not hold the title of 
     Principal Federal Official, shall functionally report through 
     the Federal Coordinating Officer appointed under section 302 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5143), and shall be subject to the 
     provisions of subsection (c) of section 319 of title 6, 
     United States Code. The Secretary may not delegate the 
     authority to grant such a waiver.
       (2) Not later than 10 business days after the date on which 
     the Secretary of Homeland Security issues a waiver under this 
     section, the Secretary shall submit notification of that 
     waiver to the Committees on Appropriations of the Senate and 
     the House of Representatives, the Transportation and 
     Infrastructure Committee of the House of Representatives, and 
     the Homeland Security and Governmental Affairs Committee of 
     the Senate explaining the circumstances necessitating the 
     waiver, describing the specific role of any officials 
     appointed pursuant to the waiver, and outlining measures 
     taken to ensure compliance with subsection (c) of section 319 
     and subsections (c)(3) and (c)(4)(A) of section 313 of title 
     6, United States Code.
       Sec. 523.  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.  None of the funds provided in this Act shall be 
     available to carry out section 872 of the Homeland Security 
     Act of 2002 (6 U.S.C. 452).
       Sec. 526.  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. 527.  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. 528.  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 Data Center 
     One (National Center for Critical Information Processing and 
     Storage) until the Chief Information Officer certifies that 
     Data Center One is fully utilized as the Department's primary 
     data storage center at the highest capacity throughout the 
     fiscal year.
       Sec. 529.  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. 530.  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. 531.  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, 
     2009'' and inserting ``Until September 30, 2010,''; and
       (2) in subsection (d)(1), by striking ``September 30, 
     2009,'' and inserting ``September 30, 2010,''.
       Sec. 532.  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. 533.  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 (E-Verify Program) under section 401 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note).
       Sec. 534.  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. 535. 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. 536. 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 subsection (g)(4)(B) of title 31, United 
     States Code (as added by Public Law 102-393) 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. 537. None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
       Sec. 538. If the Assistant Secretary of Homeland Security 
     (Transportation Security Administration) determines that an 
     airport does not need to participate in the basic pilot 
     program (E-Verify Program) under section 402 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note), the Assistant Secretary shall certify 
     to the Committees

[[Page H11205]]

     on Appropriations of the Senate and the House of 
     Representatives that no security risks will result from such 
     non-participation.
       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 have 
     the Administrator of General Services 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 or $5,000,000, whichever is 
     greater: 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. The explanatory statement referenced in section 4 
     of Public Law 110-161 for ``National Predisaster Mitigation 
     Fund'' under Federal Emergency Management Agency is deemed to 
     be amended--
       (1) by striking ``Dalton Fire District'' and all that 
     follows through ``750,000'' and inserting the following:


``Franklin Regional Council of Governments, MA.............      250,000
Town of Lanesborough, MA...................................      175,000
University of Massachusetts, MA............................   175,000'';
 

       (2) by striking ``Santee and'';
       (3) by striking ``3,000,000'' and inserting ``1,500,000'';
       (4) by inserting after the item relating to Adjutant 
     General's Office of Emergency Preparedness the following:


Town of Branchville, SC.................................    1,500,000'';
 


       and
       (5) by striking ``Public Works Department of the City of 
     Santa Cruz, CA'' and inserting ``Monterey County Water 
     Resources Agency, CA''.
       Sec. 542. 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. 543. 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, 2009'' and inserting 
     ``September 30, 2010''.
       Sec. 544. (a) Not later than 3 months after 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 aircraft 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. From unobligated amounts that are available to 
     the Coast Guard for fiscal year 2008 or 2009 for 
     ``Acquisition, Construction, and Improvements'' for shoreside 
     facilities and aids to navigation at Coast Guard Sector 
     Buffalo, the Secretary of Homeland Security shall use such 
     sums as may be necessary to make improvements to the land 
     along the northern portion of Sector Buffalo to enhance 
     public access to the Buffalo Lighthouse and the waterfront.
       Sec. 546. For fiscal year 2010 and thereafter, the 
     Secretary may provide to personnel appointed or assigned to 
     serve abroad, allowances and benefits similar to those 
     provided under chapter 9 of title I of the Foreign Service 
     Act of 1990 (22 U.S.C. 4081 et seq.).
       Sec. 547. Section 401(b) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note) is amended by striking ``at the end of the 11-year 
     period beginning on the first day the pilot program is in 
     effect.'' and inserting ``on September 30, 2012.''.
       Sec. 548. Section 610(b) of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by 
     striking ``for 15 years'' and inserting ``until September 30, 
     2012''.
       Sec. 549. (a) In addition to collection of registration 
     fees described in section 244(c)(1)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1254a(c)(1)(B)), fees for 
     fingerprinting services, biometric services, and other 
     necessary services may be collected when administering the 
     program described in section 244 of such Act.
       (b) Subsection (a) shall be construed to apply for fiscal 
     year 1998 and each fiscal year thereafter.  
       Sec. 550.  Section 550(b) of the Department of Homeland 
     Security Appropriations Act, 2007 (Public Law 109-295; 6 
     U.S.C. 121 note) is amended by striking ``three years after 
     the date of enactment of this Act'' and inserting ``on 
     October 4, 2010''.  
       Sec. 551. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 
     403(c)(1), and 405(b)(2) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208; 8 U.S.C. 1324a note) are amended by 
     striking  ``basic pilot program'' each place that term 
     appears and inserting  ``E-Verify Program''.
       (2) The heading of section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     is amended by striking ``Basic Pilot'' and inserting ``E-
     Verify''.
       (b) Section 404(h)(1) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
     U.S.C. 1324a note) is amended by striking ``under a pilot 
     program'' and inserting ``under this subtitle''.
       Sec. 5. 552. (a) None of the funds made available in this 
     or any other Act may be used to release an individual who is 
     detained, as of June 24, 2009, at Naval Station, Guantanamo 
     Bay, Cuba, into the continental United States, Alaska, 
     Hawaii, or the District of Columbia, into any of the United 
     States territories of Guam, American Samoa (AS), the United 
     States Virgin Islands (USVI), the Commonwealth of Puerto Rico 
     and the Commonwealth of the Northern Mariana Islands (CNMI).
       (b) None of the funds made available in this or any other 
     Act may be used to transfer an individual who is detained, as 
     of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, 
     into the continental United States, Alaska, Hawaii, or the 
     District of Columbia, into any of the United States 
     territories of Guam, American Samoa (AS), the United States 
     Virgin Islands (USVI), the Commonwealth of Puerto Rico and 
     the Commonwealth of the Northern Mariana Islands (CNMI), for 
     the purpose of detention, except as provided in subsection 
     (c).
       (c) None of the funds made available in this or any other 
     Act may be used to transfer an individual who is detained, as 
     of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, 
     into the continental United States, Alaska, Hawaii, or the 
     District of Columbia, into any of the United States 
     territories of Guam, American Samoa (AS), the United States 
     Virgin Islands (USVI), the Commonwealth of Puerto Rico and 
     the Commonwealth of the Northern Mariana Islands (CNMI), for 
     the purposes of prosecuting such individual, or detaining 
     such individual during legal proceedings, until 45 days after 
     the plan described in subsection (d) is received.
       (d) The President shall submit to Congress, in classified 
     form, a plan regarding the proposed disposition of any 
     individual covered by subsection (c) who is detained as of 
     June 24, 2009. Such plan shall include, at a minimum, each of 
     the following for each such individual:
       (1) A determination of the risk that the individual might 
     instigate an act of terrorism within the continental United 
     States, Alaska, Hawaii, the District of Columbia, or the 
     United States territories if the individual were so 
     transferred.
       (2) A determination of the risk that the individual might 
     advocate, coerce, or incite violent extremism, ideologically 
     motivated criminal activity, or acts of terrorism, among 
     inmate populations at incarceration facilities within the 
     continental United States, Alaska, Hawaii, the District of 
     Columbia, or the United States territories if the individual 
     were transferred to such a facility.
       (3) The costs associated with transferring the individual 
     in question.
       (4) The legal rationale and associated court demands for 
     transfer.
       (5) A plan for mitigation of any risks described in 
     paragraphs (1), (2), and (7).
       (6) A copy of a notification to the Governor of the State 
     to which the individual will be transferred, to the Mayor of 
     the District of Columbia if the individual will be 
     transferred to the District of Columbia, or to any United 
     States territories with a certification by the Attorney 
     General of the United States in classified form at least 14 
     days prior to such transfer (together with supporting 
     documentation and justification) that the individual poses 
     little or no security risk to the United States.
       (7) An assessment of any risk to the national security of 
     the United States or its citizens, including members of the 
     Armed Services of the United States, that is posed by such 
     transfer and the actions taken to mitigate such risk.

[[Page H11206]]

       (e) None of the funds made available in this or any other 
     Act may be used to transfer or release an individual detained 
     at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, 
     to the country of such individual's nationality or last 
     habitual residence or to any other country other than the 
     United States or to a freely associated State, unless the 
     President submits to the Congress, in classified form, at 
     least 15 days prior to such transfer or release, the 
     following information:
       (1) The name of any individual to be transferred or 
     released and the country or the freely associated State to 
     which such individual is to be transferred or released.
       (2) An assessment of any risk to the national security of 
     the United States or its citizens, including members of the 
     Armed Services of the United States, that is posed by such 
     transfer or release and the actions taken to mitigate such 
     risk.
       (3) The terms of any agreement with the country or the 
     freely associated State for the acceptance of such 
     individual, including the amount of any financial assistance 
     related to such agreement.
       (f) None of the funds made available in this Act may be 
     used to provide any immigration benefit (including a visa, 
     admission into the United States or any of the United States 
     territories, parole into the United States or any of the 
     United States territories (other than parole for the purposes 
     of prosecution and related detention), or classification as a 
     refugee or applicant for asylum) to any individual who is 
     detained, as of June 24, 2009, at Naval Station, Guantanamo 
     Bay, Cuba.
       (g) In this section, the term ``freely associated States'' 
     means the Federated States of Micronesia (FSM), the Republic 
     of the Marshall Islands (RMI), and the Republic of Palau.
       (h) Prior to the termination of detention operations at 
     Naval Station, Guantanamo Bay, Cuba, the President shall 
     submit to the Congress a report in classified form describing 
     the disposition or legal status of each individual detained 
     at the facility as of the date of enactment of this Act.
       Sec. 553.  Section 44903(j)(2)(C) of title 49, United 
     States Code, is amended by adding at the end the following 
     new clause:
       ``(v) Inclusion of detainees on no fly list.--The Assistant 
     Secretary, in coordination with the Terrorist Screening 
     Center, shall include on the No Fly List any individual who 
     was a detainee held at the Naval Station, Guantanamo Bay, 
     Cuba, unless the President certifies in writing to Congress 
     that the detainee poses no threat to the United States, its 
     citizens, or its allies. For purposes of this clause, the 
     term `detainee' means an individual in the custody or under 
     the physical control of the United States as a result of 
     armed conflict.''.
       Sec. 554.  For fiscal year 2010 and thereafter, the 
     Secretary of Homeland Security may collect fees from any non-
     Federal participant in a conference, seminar, exhibition, 
     symposium, or similar meeting conducted by the Department of 
     Homeland Security in advance of the conference, either 
     directly or by contract, and those fees shall be credited to 
     the appropriation or account from which the costs of the 
     conference, seminar, exhibition, symposium, or similar 
     meeting are paid and shall be available to pay the costs of 
     the Department of Homeland Security with respect to the 
     conference or to reimburse the Department for costs incurred 
     with respect to the conference: Provided, That in the event 
     the total amount of fees collected with respect to a 
     conference exceeds the actual costs of the Department of 
     Homeland Security with respect to the conference, the amount 
     of such excess shall be deposited into the Treasury as 
     miscellaneous receipts: Provided further, That the Secretary 
     shall provide a report to the Committees on Appropriations of 
     the Senate and the House of Representatives not later than 
     January 5, 2011, providing the level of collections and a 
     summary by agency of the purposes and levels of expenditures 
     for the prior fiscal year, and shall report annually 
     thereafter.
       Sec. 555.  For purposes of section 210C of the Homeland 
     Security Act of 2002 (6 U.S.C. 124j) a rural area shall also 
     include any area that is located in a metropolitan 
     statistical area and a county, borough, parish, or area under 
     the jurisdiction of an Indian tribe with a population of not 
     more than 50,000.
       Sec. 556.  None of the funds made available in this Act may 
     be used for first-class travel by the employees of agencies 
     funded by this Act in contravention of sections 301-10.122 
     through 301.10-124 of title 41, Code of Federal Regulations.
       Sec. 557.  None of the funds made available in this Act may 
     be used to propose or effect a disciplinary or adverse 
     action, with respect to any Department of Homeland Security 
     employee who engages regularly with the public in the 
     performance of his or her official duties solely because that 
     employee elects to utilize protective equipment or measures, 
     including but not limited to surgical masks, N95 respirators, 
     gloves, or hand-sanitizers, where use of such equipment or 
     measures is in accord with Department of Homeland Security 
     policy, and Centers for Disease Control and Prevention and 
     Office of Personnel Management guidance.
       Sec. 558.  None of the funds made available in this Act may 
     be used to employ workers described in section 274A(h)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). 
       Sec. 559. (a) Subject to subsection (b), none of the funds 
     appropriated or otherwise made available by this Act may be 
     available to operate the Loran-C signal after January 4, 
     2010.
       (b) The limitation in subsection (a) shall take effect only 
     if:
       (1) the Commandant of the Coast Guard certifies that the 
     termination of the operation of the Loran-C signal as of the 
     date specified in subsection (a) will not adversely impact 
     the safety of maritime navigation; and
       (2) the Secretary of Homeland Security certifies that the 
     Loran-C system infrastructure is not needed as a backup to 
     the Global Positioning System or to meet any other Federal 
     navigation requirement.
       (c) If the certifications described in subsection (b) are 
     made, the Coast Guard shall, commencing January 4, 2010, 
     terminate the operation of the Loran-C signal and commence a 
     phased decommissioning of the Loran-C system infrastructure.
       (d) Not later than 30 days after such certifications 
     pursuant to subsection (b), the Commandant shall submit to 
     the Committees on Appropriations of the Senate and House of 
     Representatives a report setting forth a proposed schedule 
     for the phased decommissioning of the Loran-C system 
     infrastructure in the event of the decommissioning of such 
     infrastructure in accordance with subsection (c).
       (e) If the certifications described in subsection (b) are 
     made, the Secretary of Homeland Security, acting through the 
     Commandant of the Coast Guard, may, notwithstanding any other 
     provision of law, sell any real and personal property under 
     the administrative control of the Coast Guard and used for 
     the Loran-C system, by directing the Administrator of General 
     Services to sell such real and personal property, subject 
     to such terms and conditions that the Secretary believes 
     to be necessary to protect government interests and 
     program requirements of the Coast Guard: Provided, That 
     the proceeds, less the costs of sale incurred by the 
     General Services Administration, shall be deposited as 
     offsetting collections into the Coast Guard 
     ``Environmental Compliance and Restoration'' account and, 
     subject to appropriation, shall be available until 
     expended for environmental compliance and restoration 
     purposes associated with the Loran-C system, for the costs 
     of securing and maintaining equipment that may be used as 
     a backup to the Global Positioning System or to meet any 
     other Federal navigation requirement, for the demolition 
     of improvements on such real property, and for the costs 
     associated with the sale of such real and personal 
     property, including due diligence requirements, necessary 
     environmental remediation, and reimbursement of expenses 
     incurred by the General Services Administration: Provided 
     further, That after the completion of such activities, the 
     unexpended balances shall be available for any other 
     environmental compliance and restoration activities of the 
     Coast Guard.
       Sec. 560. (a) None of the funds made available by this Act 
     may be obligated for construction of the National Bio- and 
     Agro-defense Facility on the United States mainland until 30 
     days after the later of:
       (1) the date on which the Secretary of Homeland Security 
     submits to the Committee on Appropriations of the Senate and 
     the House of Representatives a site-specific bio-safety and 
     bio-security mitigation risk assessment, which includes an 
     integrated set of analyses using plume modeling and 
     epidemiologic impact modeling, to determine the requirements 
     necessary to ensure safe operation of the National Bio- and 
     Agro-defense Facility at the approved Manhattan, Kansas, site 
     identified in the January 16, 2009, record of decision 
     published in Federal Register Vol. 74, Number 11, and the 
     results of the National Academy of Sciences' review of the 
     risk assessment as described in paragraph (b): Provided, That 
     the integrated set of analyses is to determine the extent of 
     the dispersion of the foot-and-mouth virus following a 
     potential laboratory spill, the potential spread of foot-and-
     mouth disease in the surrounding susceptible animal 
     population, and its economic impact: Provided further, That 
     the integrated set of analyses should also take into account 
     specific local, State, and national risk mitigation 
     strategies; or
       (2) the date on which the Secretary of Homeland Security, 
     in coordination with the Secretary of Agriculture, submits to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a report that:
       (A) describes the procedure that will be used to issue the 
     permit to conduct foot-and-mouth disease live virus research 
     under section 7524 of the Food, Conservation, and Energy Act 
     of 2008 (21 U.S.C. 113a note; Public Law 110-246); and
       (B) includes plans to establish an emergency response plan 
     with city, regional, and State officials in the event of an 
     accidental release of foot-and-mouth disease or another 
     hazardous pathogen.
       (b) With regard to the integrated set of analyses included 
     in the mitigation risk assessment required under paragraph 
     (a)(1), the Secretary of Homeland Security shall enter into a 
     contract with the National Academy of Sciences to evaluate 
     the mitigation risk assessment required by subsection (a)(1) 
     of this section and to submit a Letter Report: Provided, That 
     such contract shall be entered into within 90 days from the 
     date of enactment of this Act, and the National Academy of 
     Sciences shall complete its assessment and submit its Letter 
     Report within four months after the date the Department of 
     Homeland Security concludes the risk assessment.
       Sec. 561. (a) Short Title.--This section may be cited as 
     the ``American Communities' Right to Public Information 
     Act''.
       (b) In General.--Section 70103(d) of title 46, United 
     States Code, is amended to read as follows:
       ``(d) Nondisclosure of Information.--
       ``(1) In general.--Information developed under this section 
     or sections 70102, 70104, and 70108 is not required to be 
     disclosed to the public, including--
       ``(A) facility security plans, vessel security plans, and 
     port vulnerability assessments; and
       ``(B) other information related to security plans, 
     procedures, or programs for vessels or facilities authorized 
     under this section or sections 70102, 70104, and 70108.
       ``(2) Limitations.--Nothing in paragraph (1) shall be 
     construed to authorize the designation

[[Page H11207]]

     of information as sensitive security information (as defined 
     in section 1520.5 of title 49, Code of Federal Regulations)--
       ``(A) to conceal a violation of law, inefficiency, or 
     administrative error;
       ``(B) to prevent embarrassment to a person, organization, 
     or agency;
       ``(C) to restrain competition; or
       ``(D) to prevent or delay the release of information that 
     does not require protection in the interest of transportation 
     security, including basic scientific research information not 
     clearly related to transportation security.''.
       (c) Conforming Amendments.--
       (1) Section 114(r) of title 49, United States Code, is 
     amended by adding at the end thereof the following:
       ``(4) Limitations.--Nothing in this subsection, or any 
     other provision of law, shall be construed to authorize the 
     designation of information as sensitive security information 
     (as defined in section 1520.5 of title 49, Code of Federal 
     Regulations)--
       ``(A) to conceal a violation of law, inefficiency, or 
     administrative error;
       ``(B) to prevent embarrassment to a person, organization, 
     or agency;
       ``(C) to restrain competition; or
       ``(D) to prevent or delay the release of information that 
     does not require protection in the interest of transportation 
     security, including basic scientific research information not 
     clearly related to transportation security.''.
       (2) Section 40119(b) of title 49, United States Code, is 
     amended by adding at the end thereof the following:
       ``(3) Nothing in paragraph (1) shall be construed to 
     authorize the designation of information as sensitive 
     security information (as defined in section 15.5 of title 49, 
     Code of Federal Regulations)--
       ``(A) to conceal a violation of law, inefficiency, or 
     administrative error;
       ``(B) to prevent embarrassment to a person, organization, 
     or agency;
       ``(C) to restrain competition; or
       ``(D) to prevent or delay the release of information that 
     does not require protection in the interest of transportation 
     security, including basic scientific research information not 
     clearly related to transportation security.''.
       Sec. 562.  Section 4 of the Act entitled ``An Act to 
     prohibit the introduction, or manufacture for introduction, 
     into interstate commerce of switchblade knives, and for other 
     purposes'' (commonly known as the Federal Switchblade Act) 
     (15 U.S.C. 1244) is amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting  ``; or''  and
       (3) by adding at the end the following:
       ``(5) a knife that contains a spring, detent, or other 
     mechanism designed to create a bias toward closure of the 
     blade and that requires exertion applied to the blade by 
     hand, wrist, or arm to overcome the bias toward closure to 
     assist in opening the knife.''.
       Sec. 563. (a) Applicable Annual Percentage Rate of 
     Interest.--Section 44(f)(1) of the Federal Deposit Insurance 
     Act (12 U.S.C. 1831u(f)(1)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``(or in the case of a governmental entity located in such 
     State, paid)'' after ``received, or reserved''; and
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by striking 
     ``nondepository institution operating in such State'' and 
     inserting ``governmental entity located in such State or any 
     person that is not a depository institution described in 
     subparagraph (A) doing business in such State'';
       (B) by redesignating clause (ii) as clause (iii);
       (C) in clause (i)--
       (i) in subclause (III)--

       (I) in item (aa), by adding ``and'' at the end;
       (II) in item (bb), by striking ``, to facilitate'' and all 
     that follows through ``2009''; and
       (III) by striking item (cc); and

       (ii) by adding after subclause (III) the following:

       ``(IV) the uniform accessibility of bonds and obligations 
     issued under the American Recovery and Reinvestment Act of 
     2009;''; and

       (D) by inserting after clause (i) the following:
       ``(ii) to facilitate interstate commerce through the 
     issuance of bonds and obligations under any provision of 
     State law, including bonds and obligations for the purpose of 
     economic development, education, and improvements to 
     infrastructure; and''.
       (b) Rule of Construction.--Section 44(f)(2) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1831u(f)(2)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and moving the margins 2 ems to 
     the right;
       (2) by striking ``No provision'' and inserting the 
     following:
       ``(A) In general.--No provision''; and
       (3) by adding at the end the following:
       ``(B) Applicability.--This subsection shall be construed to 
     apply to any loan or discount made, or note, bill of 
     exchange, financing transaction, or other evidence of debt, 
     originated by an insured depository institution, a 
     governmental entity located in such State, or a person that 
     is not a depository institution described in subparagraph (A) 
     doing business in such State.''.
       (c) Effective Period.--The amendments made by this section 
     shall apply with respect to contracts consummated during the 
     period beginning on the date of enactment of this Act and 
     ending on December 31, 2010.
       Sec. 564. (a) Short Title.--This section may be cited as 
     the ``OPEN FOIA Act of 2009''.
       (b) Specific Citations in Statutory Exemptions.--Section 
     552(b) of title 5, United States Code, is amended by striking 
     paragraph (3) and inserting the following:
       ``(3) specifically exempted from disclosure by statute 
     (other than section 552b of this title), if that statute--
       ``(A)(i) requires that the matters be withheld from the 
     public in such a manner as to leave no discretion on the 
     issue; or
       ``(ii) establishes particular criteria for withholding or 
     refers to particular types of matters to be withheld; and
       ``(B) if enacted after the date of enactment of the OPEN 
     FOIA Act of 2009, specifically cites to this paragraph.''.
       Sec. 565. (a) Short Title.--This section may be cited as 
     the ``Protected National Security Documents Act of 2009''.
       (b) Notwithstanding any other provision of the law to the 
     contrary, no protected document, as defined in subsection 
     (c), shall be subject to disclosure under section 552 of 
     title 5, United States Code or any proceeding under that 
     section.
       (c) Definitions.--In this section:
       (1) Protected document.--The term ``protected document'' 
     means any record--
       (A) for which the Secretary of Defense has issued a 
     certification, as described in subsection (d), stating that 
     disclosure of that record would endanger citizens of the 
     United States, members of the United States Armed Forces, or 
     employees of the United States Government deployed outside 
     the United States; and
       (B) that is a photograph that--
       (i) was taken during the period beginning on September 11, 
     2001, through January 22, 2009; and
       (ii) relates to the treatment of individuals engaged, 
     captured, or detained after September 11, 2001, by the Armed 
     Forces of the United States in operations outside of the 
     United States.
       (2) Photograph.--The term ``photograph'' encompasses all 
     photographic images, whether originals or copies, including 
     still photographs, negatives, digital images, films, video 
     tapes, and motion pictures.
       (d) Certification.--
       (1) In general.--For any photograph described under 
     subsection (c)(1), the Secretary of Defense shall issue a 
     certification if the Secretary of Defense determines that 
     disclosure of that photograph would endanger citizens of the 
     United States, members of the United States Armed Forces, or 
     employees of the United States Government deployed outside 
     the United States.
       (2) Certification expiration.--A certification and a 
     renewal of a certification issued pursuant to subsection 
     (d)(3) shall expire 3 years after the date on which the 
     certification or renewal, is issued by the Secretary of 
     Defense.
       (3) Certification renewal.--The Secretary of Defense may 
     issue--
       (A) a renewal of a certification at any time; and
       (B) more than 1 renewal of a certification.
       (4) Notice to congress.--The Secretary of Defense shall 
     provide Congress a timely notice of the Secretary's issuance 
     of a certification and of a renewal of a certification.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to preclude the voluntary disclosure of a protected 
     document.
       (f) Effective Date.--This section shall take effect on the 
     date of enactment of this Act and apply to any protected 
     document.
       Sec. 566.  The administrative law judge annuitants 
     participating in the Senior Administrative Law Judge Program 
     managed by the Director of the Office of Personnel Management 
     under section 3323 of title 5, United States Code, shall be 
     available on a temporary reemployment basis to conduct 
     arbitrations of disputes as part of the arbitration panel 
     established by the President under section 601 of division A 
     of the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5; 123 Stat. 164).
       Sec. 567. (a) In General.--Any company that collects or 
     retains personal information directly from individuals who 
     participated in the Registered Traveler program shall 
     safeguard and dispose of such information in accordance with 
     the requirements in--
       (1) the National Institute for Standards and Technology 
     Special Publication 800-30, entitled ``Risk Management Guide 
     for Information Technology Systems''; and
       (2) the National Institute for Standards and Technology 
     Special Publication 800-53, Revision 3, entitled 
     ``Recommended Security Controls for Federal Information 
     Systems and Organizations,'';
       (3) any supplemental standards established by the Assistant 
     Secretary, Transportation Security Administration (referred 
     to in this section as the ``Assistant Secretary'').
       (b) Certification.--The Assistant Secretary shall require 
     any company through the sponsoring entity described in 
     subsection (a) to provide, not later than 30 days after the 
     date of the enactment of this Act, written certification to 
     the sponsoring entity that such procedures are consistent 
     with the minimum standards established under paragraph (a)(1-
     3) with a description of the procedures used to comply with 
     such standards.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Assistant Secretary shall submit a 
     report to Congress that--
       (1) describes the procedures that have been used to 
     safeguard and dispose of personal information collected 
     through the Registered Traveler program; and
       (2) provides the status of the certification by any company 
     described in subsection (a) that such procedures are 
     consistent with the minimum standards established by 
     paragraph (a)(1-3).
       Sec. 568. (a) Special Immigrant Nonminister Religious 
     Worker Program and Other Immigration Programs.--
       (1) Extension.--Subclauses (II) and (III) of section 
     101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)(C)(ii)) are

[[Page H11208]]

     amended by striking ``September 30, 2009,'' each place such 
     term appears and inserting ``September 30, 2012,''.
       (2) Study and plan.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of United States 
     Citizenship and Immigration Services shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that includes--
       (A) the results of a study conducted under the supervision 
     of the Director to evaluate the Special Immigrant Nonminister 
     Religious Worker Program to identify the risks of fraud and 
     noncompliance by program participants; and
       (B) a detailed plan that describes the actions to be taken 
     by United States Citizenship and Immigration Services to 
     improve the integrity of the program.
       (3) Progress report.--Not later than 240 days after the 
     submission of the report under paragraph (2), the Director of 
     United States Citizenship and Immigration Services shall 
     submit a report to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives that describes the progress made in 
     implementing the plan described in clause (a)(2)(B) of this 
     section.
       (b) Conrad State 30 J-1 Visa Waiver Program.--Section 
     220(c) of the Immigration and Nationality Technical 
     Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by 
     striking ``September 30, 2009'' and inserting ``September 30, 
     2012''.
       (c) Relief for Surviving Spouses.--
       (1) In general.--The second sentence of section 
     201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(2)(A)(i)) is amended by striking ``for at 
     least 2 years at the time of the citizen's death''.
       (2) Applicability.--
       (A) In general.--The amendment made by paragraph (1) shall 
     apply to all applications and petitions relating to immediate 
     relative status under section 201(b)(2)(A)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) 
     pending on or after the date of the enactment of this Act.
       (B) Transition cases.--
       (i) In general.--Notwithstanding any other provision of 
     law, an alien described in clause (ii) who seeks immediate 
     relative status pursuant to the amendment made by paragraph 
     (1) shall file a petition under section 204(a)(1)(A)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(A)(ii)) not later than the date that is 2 years 
     after the date of the enactment of this Act.
       (ii) Aliens described.--An alien is described in this 
     clause if--

       (I) the alien's United States citizen spouse died before 
     the date of the enactment of this Act;
       (II) the alien and the citizen spouse were married for less 
     than 2 years at the time of the citizen spouse's death; and
       (III) the alien has not remarried.

       (d) Surviving Relative Consideration for Certain Petitions 
     and Applications.--
       (1) Amendment.--Section 204 of the Immigration and 
     Nationality Act (8 U.S.C. 1154) is amended by adding at the 
     end the following:
       ``(l) Surviving Relative Consideration for Certain 
     Petitions and Applications.--
       ``(1) In general.--An alien described in paragraph (2) who 
     resided in the United States at the time of the death of the 
     qualifying relative and who continues to reside in the United 
     States shall have such petition described in paragraph (2), 
     or an application for adjustment of status to that of a 
     person admitted for lawful permanent residence based upon the 
     family relationship described in paragraph (2), and any 
     related applications, adjudicated notwithstanding the death 
     of the qualifying relative, unless the Secretary of Homeland 
     Security determines, in the unreviewable discretion of the 
     Secretary, that approval would not be in the public interest.
       ``(2) Alien described.--An alien described in this 
     paragraph is an alien who, immediately prior to the death of 
     his or her qualifying relative, was--
       ``(A) the beneficiary of a pending or approved petition for 
     classification as an immediate relative (as described in 
     section 201(b)(2)(A)(i));
       ``(B) the beneficiary of a pending or approved petition for 
     classification under section 203 (a) or (d);
       ``(C) a derivative beneficiary of a pending or approved 
     petition for classification under section 203(b) (as 
     described in section 203(d));
       ``(D) the beneficiary of a pending or approved refugee/
     asylee relative petition under section 207 or 208;
       ``(E) an alien admitted in `T' nonimmigrant status as 
     described in section 101(a)(15)(T)(ii) or in `U' nonimmigrant 
     status as described in section 101(a)(15)(U)(ii); or
       ``(F) an asylee (as described in section 208(b)(3)).''.
       (2) Construction.--Nothing in the amendment made by 
     paragraph (1) may be construed to limit or waive any ground 
     of removal, basis for denial of petition or application, or 
     other criteria for adjudicating petitions or applications as 
     otherwise provided under the immigration laws of the United 
     States other than ineligibility based solely on the lack of a 
     qualifying family relationship as specifically provided by 
     such amendment.
       (e) Conforming Amendment to Affidavit of Support 
     Requirement.--Section 213A(f)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1183a(5)) is amended by striking 
     clauses (i) and (ii) and inserting:
       ``(i) the individual petitioning under section 204 of this 
     Act for the classification of such alien died after the 
     approval of such petition, and the Secretary of Homeland 
     Security has determined for humanitarian reasons that 
     revocation of such petition under section 205 would be 
     inappropriate; or
       ``(ii) the alien's petition is being adjudicated pursuant 
     to section 204(l) (surviving relative consideration).''.
       Sec. 569.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or performance that does not meet 
     the basic requirements of a contract.
       Sec. 570.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the Department of 
     Homeland Security to enter into any federal contract unless 
     such contract is entered into in accordance with the 
     requirements of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation, unless such contract is otherwise authorized by 
     statute to be entered into without regard to the above 
     referenced statutes.
       Sec. 571. (a) Funds made available by this Act solely for 
     data center migration may be transferred by the Secretary 
     between appropriations for the same purpose, notwithstanding 
     section 503 of this Act.
       (b) No transfer described in (a) shall occur until 15 days 
     after the Committees on Appropriations of the Senate and the 
     House and Representatives are notified of such transfer.
       Sec. 572.  Specific projects contained in the report of the 
     Committee on Appropriations of the House of Representatives 
     accompanying this Act (H. Rept. 111-157) that are considered 
     congressional earmarks for purposes of clause 9 of rule XXI 
     of the Rules of the House of Representatives, when intended 
     to be awarded to a for-profit entity, shall be awarded under 
     a full and open competition.
       Sec. 573.  From unobligated balances for fiscal year 2009 
     made available for Federal Emergency Management Agency 
     ``Trucking Industry Security Grants'', $5,572,000 are 
     rescinded.
       Sec. 574.  From the unobligated balances of prior year 
     appropriations made available for ``Analysis and 
     Operations'', $2,358,000 are rescinded.
       Sec. 575.  From the unobligated balances of prior year 
     appropriations made available for National Protection and 
     Programs Directorate ``Infrastructure Protection and 
     Information Security'', $8,000,000 are rescinded.
       Sec. 576.  From the unobligated balances of prior year 
     appropriations made available for Science and Technology 
     ``Research, Development, Acquisition, and Operations'', 
     $6,944,148 are rescinded.
       Sec. 577.  From the unobligated balances of prior year 
     appropriations made available for Domestic Nuclear Detection 
     Office ``Research, Development, and Operations'', $8,000,000 
     are rescinded.
       Sec. 578.  From the unobligated balances of prior year 
     appropriations made available for Transportation Security 
     Administration ``Research and Development'', $4,000,000 are 
     rescinded.
       Sec. 579.  From the unobligated balances of prior year 
     appropriations made available for Coast Guard ``Acquisition, 
     Construction, and Improvements'', $800,000 are rescinded: 
     Provided, That these rescissions shall be taken from 
     completed projects.
       Sec. 580.  Of the amounts available under the heading 
     ``Counterterrorism Fund'', $5,600,000 are rescinded. 
       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2010''.
       And the Senate agree to the same.
     David R. Obey,
     David E. Price,
     Jose E. Serrano,
     Ciro D. Rodriguez,
     C.A. Dutch Ruppersberger,
     Alan B. Mollohan,
     Nita M. Lowey,
     Lucille Roybal-Allard,
     Sam Farr,
     Steven R. Rothman,
                                Managers on the Part of the House.

     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick J. Leahy
       (with a reservation on the EB-5 agreement),
     Barbara A. Mikulski,
     Patty Murray,
     Mary L. Landrieu,
     Frank R. Lautenberg,
     Jon Tester,
     Arlen Specter,
     George V. Voinovich,
     Thad Cochran,
     Judd Gregg,
     Richard C. Shelby,
     Sam Brownback,
     Lisa Murkowski,
                               Managers on the Part of the Senate.

                      Joint Explanatory Statement

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2892), making 
     appropriations for the Department of Homeland Security (DHS) 
     for the fiscal year ending September 30, 2010, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the effects of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report.
       Senate amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.
       The language and allocations contained in House Report 111-
     157 and Senate Report 111-

[[Page H11209]]

     31 should be complied with unless specifically addressed to 
     the contrary in the conference report and joint explanatory 
     statement. While repeating some report language for emphasis, 
     this joint 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 
     conference report or joint explanatory statement, the 
     Committees have determined the House report and the Senate 
     report are not inconsistent and are to be interpreted 
     accordingly.
       When this joint explanatory statement refers to the 
     Committees or the Committees on Appropriations, unless 
     otherwise noted, this reference is to the House 
     Appropriations Subcommittee on Homeland Security and the 
     Senate Appropriations Subcommittee on the Department of 
     Homeland Security.
       Any reference to the Secretary shall be interpreted to mean 
     the Secretary of Homeland Security; any reference to a 
     Departmental component shall be interpreted to mean 
     directorates, components, agencies, offices, or other 
     organizations in the Department of Homeland Security; any 
     reference to ``full-time equivalents'' shall be referred to 
     as FTE; and any reference to ``program, project, and 
     activity'' shall be referred to as PPA.
       Finally, this joint explanatory statement refers to certain 
     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 American 
     Recovery and Reinvestment Act of 2009, Public Law 111-5, is 
     referenced as ARRA; 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 the IG.

                          Classified Programs

       Recommended adjustments to classified programs are 
     addressed in a classified annex accompanying this joint 
     explanatory statement. The DHS Office of the Chief Financial 
     Officer is directed to ensure the material contained in this 
     annex is appropriately disseminated to the relevant 
     Departmental components.

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

                        Departmental Operations

       The conference agreement provides a total of $1,135,961,000 
     for Departmental Operations, 17 percent above the fiscal year 
     2009 enacted level (excluding ARRA funding) to address well 
     documented shortfalls and challenges facing the Department's 
     management components. Significant increases above last 
     year's enacted level are provided to strengthen policy 
     development and coordination, enhance procurement oversight, 
     modernize financial and information technology systems, and 
     accelerate the process of bringing qualified new staff on 
     board. It is imperative that these resources be used 
     effectively to manage the Department's many missions. It is 
     also critical that the Department end its overreliance on 
     contractors and develop the government staff and expertise 
     necessary to perform these services.

            Office of the Secretary and Executive Management

       The conference agreement provides $147,818,000 for the 
     Office of the Secretary and Executive Management instead of 
     $117,727,000 as proposed by the House and $149,268,000 as 
     proposed by the Senate.
       Reductions are made to the budget request due to delays in 
     filling full-time permanent positions and high unexpended 
     balances from previously appropriated funds within certain 
     offices. Funding shall be allocated as follows:

Immediate Office of the Secretary............................$5,061,000
Immediate Office of the Deputy Secretary..................... 1,810,000
Chief of Staff............................................... 2,595,000
Office of Counternarcotics Enforcement....................... 3,612,000
Executive Secretary...........................................7,800,000
Office of Policy.............................................51,564,000
Office of Public Affairs......................................5,991,000
Office of Legislative Affairs.................................6,797,000
Office of Intergovernmental Affairs...........................2,800,000
Office of General Counsel....................................24,028,000
Office for Civil Rights and Civil Liberties..................21,104,000
Citizenship and Immigration Services Ombudsman................6,685,000
Privacy Officer...............................................7,971,000
                                                       ________________
                                                       
  Total....................................................$147,818,000

                       Travel Costs Consolidation

       The conference agreement approves the shift of $1,278,000 
     from other accounts to the Immediate Office of the Secretary 
     and $370,000 from other accounts to the Immediate Office of 
     the Deputy Secretary to pay all costs associated with the 
     DHS's use of government aircraft in support of the 
     Secretary's and Deputy Secretary's travel, as proposed by the 
     Senate. Previously, components paid a portion of the total 
     government aircraft cost for personnel traveling in support 
     of the Secretary or Deputy Secretary. This resulted in 
     multiple interagency agreements and an unnecessary 
     administrative burden. The intent of this consolidation is to 
     provide a more efficient means of disbursing payment for 
     these costs. The conference report includes language to 
     ensure that components are no longer charged for these costs.

                Immediate Office of the Deputy Secretary

       The conference agreement provides $1,810,000 for the 
     Immediate Office of the Deputy Secretary as proposed by the 
     Senate instead of $1,440,000 as proposed by the House. The 
     conferees expect the Deputy Secretary and Department to 
     follow the direction outlined in the Senate report regarding 
     coordination of efforts to secure chemical facilities and 
     ensure prompt and effective after-accident safety 
     investigations, including the reporting and briefing 
     requirements.

                 Office of Counternarcotics Enforcement

       The conference agreement provides $3,612,000 for the Office 
     of Counternarcotics Enforcement instead of $3,712,000 as 
     proposed by the House and $3,718,000 as proposed by the 
     Senate. The Office of Counternarcotics Enforcement is 
     directed to submit a performance report on its activities to 
     the Committees as outlined in the Senate report. The 
     Secretary is directed to report by January 15, 2010, on 
     whether it would be appropriate to shift the functions of 
     this office into the Office of Policy or other Departmental 
     office under this title.

                            Office of Policy

       The conference agreement provides $51,564,000 for the 
     Office of Policy as proposed by both the House and Senate. 
     The Office of Policy is directed to provide an expenditure 
     plan no later than 60 days after the date of enactment of 
     this Act, as outlined in the Senate report. The conference 
     report includes a statutory provision withholding $15,000,000 
     until the expenditure plan is submitted. A total of 
     $5,000,000 is included for the integrated requirements 
     process and the Intermodal Security Coordination Office. The 
     conferees require a detailed explanation of how and for what 
     purpose these funds are being allocated as part of the fiscal 
     year 2010 expenditure plan. The conferees urge the Department 
     to ensure this funding does not create parallel structures or 
     needlessly duplicate existing efforts. Contractor support for 
     both initiatives shall not exceed 25 percent.

                  Quadrennial Homeland Security Review

       As mandated by section 2401 of the 9/11 Act, the Department 
     is developing a Quadrennial Homeland Security Review (QHSR), 
     including a budget plan required to carry out the findings of 
     the review. The DHS budget should be derived from a strategic 
     policy review that fully considers threat, risk, and mission 
     requirements. Such a policy review should not be driven by 
     outyear financial projections contained in the budget. 
     Therefore, any budget projections included in the QHSR should 
     be based on actual needs to sufficiently carry out the long-
     term strategy and priorities for homeland security.

                  Office of Intergovernmental Affairs

       The conference agreement provides $2,800,000 for the Office 
     of Intergovernmental Affairs as proposed by the House instead 
     of $2,600,000 as proposed by the Senate. The name of this 
     office has been modified as proposed by the Senate. This 
     office has been moved from the Federal Emergency Management 
     Agency as requested, and is assuming a new role. The 
     Secretary is required to present a detailed organizational 
     plan for the office as outlined in the House report.

                       Office of General Counsel

       The conference agreement provides $24,028,000 for the 
     Office of General Counsel as proposed by the House and 
     Senate. The conferees direct the Office of General Counsel to 
     hire an additional attorney with expertise in appropriations 
     law within the amount made available for this office, as 
     proposed by the Senate.

              Office for Civil Rights and Civil Liberties

       The conference agreement provides $21,104,000 for the 
     Office for Civil Rights and Civil Liberties instead of 
     $22,104,000 as proposed by the House and Senate. A small 
     reduction below the House and Senate levels is made as this 
     office will likely lapse appropriated funds in fiscal year 
     2009. The conferees encourage the use of authority under 
     section 505 of this Act making 50 percent of those 
     balances available in fiscal year 2010. The conferees 
     direct the office to submit an expenditure plan no later 
     than 60 days after the date of enactment of this Act, as 
     outlined in the Senate report.

             Supporting Strategic Goals for Border Security

       Since DHS was established, the Committees have consistently 
     supported robust enforcement efforts along both the Southwest 
     and Northern borders with substantial appropriations, 
     consistently above annual budget requests, for each 
     Departmental component responsible for carrying out aspects 
     of DHS's border security and counter-smuggling missions. 
     Targeted enhancements for fiscal year 2010 are identified 
     under relevant sections of this statement. The conferees 
     direct the Secretary to clearly identify requested resources 
     that support and align with the specific goals and objectives 
     of the National Southwest Border Counternarcotics Strategy, 
     released on June 5, 2009, and the U.S. Customs and Border 
     Protection's Northern Border Strategy, released on August 27, 
     2009, in the fiscal year 2011 congressional budget 
     justifications for U.S. Customs and Border Protection, U.S. 
     Immigration and Customs Enforcement, Coast Guard, 
     Intelligence and Analysis, and any other relevant 
     Departmental components.

[[Page H11210]]

                               User Fees

       The conferees direct the Secretary to report on actual 
     fiscal year 2009 user fee collections and updated projections 
     for fiscal year 2010 fee collections across all relevant DHS 
     components. In addition, the Secretary shall provide a 
     contingency plan for making up any shortfall between expected 
     collections and budgeted amounts, by DHS component, no later 
     than 60 days after the date of enactment of this Act, and 
     quarterly thereafter.

                         Budget Justifications

       The conferees direct that the congressional budget 
     justifications for the Office of the Secretary and Executive 
     Management for fiscal year 2011 include the same level of 
     detail as the table contained at the end of this statement, 
     and follow the parameters outlined in the House report, as 
     well as the broader direction outlined under the Office of 
     the Chief Financial Officer. Structural alterations to the 
     fiscal year 2011 budget request, including changes to the PPA 
     account structure for fiscal year 2010 included in the table 
     at the end of this statement should only be made with advance 
     consultation with the Committees.

                          Working Capital Fund

       The Department shall follow the direction outlined in the 
     House report regarding the Working Capital Fund (WCF) in 
     managing WCF funds and requesting resources for fiscal year 
     2011.

                 Reception and Representation Expenses

       The conferees direct the Department to submit a report to 
     the Committees no later than 30 days after the end of each 
     quarter of the fiscal year detailing the obligation of all 
     DHS reception and representation expenses by all components.

                        Greenhouse Gas Inventory

       The conferees require the Secretary to follow the House 
     direction regarding reporting on the Department's greenhouse 
     gas emissions and mitigation efforts.

                       Quarterly Detailee Report

       The conferees require the Department to continue the 
     quarterly detailee report as outlined in the Senate report.

           Federally Funded Research and Development Centers

       The conferees direct the Secretary to report semi-annually 
     on the current projects tasked to Federally Funded Research 
     and Development Centers, as outlined in the Senate report.

                       Lost and Stolen Passports

       The Secretary is directed to submit a semiannual report on 
     loss and theft of passports as outlined in the Senate report.

                             Border Tunnels

       The Secretary is directed to submit semiannual reports on 
     border tunnel issues as outlined in the Senate report. The 
     conferees further direct the Department to designate a 
     coordinator for border tunnel issues as outlined in the 
     Senate report.

              Office of the Under Secretary for Management

       The conference agreement provides $254,190,000 for the 
     Office of the Under Secretary for Management instead of 
     $153,790,000 as proposed by the House and $307,690,000 as 
     proposed by the Senate. Funding shall be allocated as 
     follows:

Immediate Office of the Under Secretary for Management.......$2,864,000
Office of Security...........................................90,193,000
Office of the Chief Procurement Officer......................68,538,000
Office of the Chief Human Capital Officer....................42,604,000
  Salaries and Expenses (from above subtotal)..............[32,604,000]
  Human Resources (from above subtotal)....................[10,000,000]
Office of the Chief Administrative Officer...................49,991,000
  Salaries and Expenses (from above subtotal)..............[44,491,000]
  Nebraska Avenue Complex (NAC) (from above subtotal).......[5,500,000]
Total......................................................$254,190,000

                           Office of Security

       The conference agreement provides $90,193,000 for the 
     Office of Security instead of $95,193,000 as proposed by the 
     House and $92,693,000 as proposed by the Senate. This amount 
     includes $20,000,000 for the Homeland Security Presidential 
     Directive-12 Card Issuance Program. The Office of Security is 
     directed to provide a report to the Committees on this 
     program's progress and future needs as outlined in the House 
     report.

                Office of the Chief Procurement Officer

       The conference agreement provides $68,538,000 for the 
     Office of the Chief Procurement Officer (OCPO) instead of 
     $66,538,000 as proposed by the House and $70,038,000 as 
     proposed by the Senate. OCPO shall submit the report to the 
     Committees on Departmental efforts to decrease the attrition 
     rate of DHS acquisition personnel as outlined in the House 
     report. Furthermore, the conferees direct OCPO to provide a 
     breakdown on where interns and graduates of the acquisition 
     internship are serving, as outlined in the House report, to 
     the Committees no later than 60 days after the date of 
     enactment of this Act and on an annual basis accompanying the 
     budget request.
       The conference agreement provides $7,500,000 to create a 
     new contracting component for classified programs. These 
     resources are intended to fund 18 positions, the number 
     identified by the Department as required to establish an 
     initial operating capacity for this office.
       The conference agreement provides $8,000,000 to increase 
     capacity in the acquisition program management division. The 
     conferees recommend that the reduction from the 
     Administration's request come from contractor support, as 
     outlined in the House report.
       The Secretary is directed to provide a status report on 
     major acquisitions in excess of $300,000,000 by February 15, 
     2010, as outlined in the Senate report, and quarterly 
     thereafter.

               Office of the Chief Human Capital Officer

       The conference agreement provides $42,604,000 for the 
     Office of the Chief Human Capital Officer (OCHCO) instead of 
     $43,604,000 as proposed by both the House and Senate. Of this 
     amount, $32,604,000 is for salaries and expenses and 
     $10,000,000 is for human resources. The reduction below the 
     House and Senate levels is made as this office will likely 
     lapse appropriated funds in fiscal year 2009. The conferees 
     encourage the use of authority under section 505 of this Act 
     making 50 percent of those balances available in fiscal year 
     2010.
       The OCHCO is directed to continue providing monthly reports 
     to the Committees summarizing vacancy data at the Department, 
     which should include: the number of new hires for each 
     headquarters office in the previous month; the ratio of 
     applications received to positions closed; reports from the 
     Office of Security on progress made to reduce the security 
     clearance backlog to include whether the 15-day standard for 
     suitability reviews is being met; and an end-of-the-month 
     hiring ``snapshot'' for each headquarters office. These 
     snapshots should include: the number of new hires pending 
     security or suitability clearance; the number of open 
     vacancies; and the number of selection referral lists pending 
     with management. The conferees note that these reports have 
     not been provided with promptness or regularity and caution 
     that without this information it becomes difficult to justify 
     budget increases for this office.
       The conferees direct the OCHCO to provide the report on its 
     fiscal year 2009 performance against DHS metrics outlined in 
     the Senate report no later than 60 days after the date of 
     enactment of this Act.

               Office of the Chief Administrative Officer

       The conference agreement provides $49,991,000 for the 
     Office of the Chief Administrative Officer, instead of 
     $60,491,000 as proposed by the House and $98,491,000 as 
     proposed by the Senate. Within the funding level for salaries 
     and expenses is $1,000,000 for logistics and procurement 
     personnel from across the Department to receive training and 
     education through LOGTECH and related programs, that have 
     benefitted Coast Guard personnel, as proposed by the House. 
     The Senate provided no additional funding for this activity.

              Headquarters Lease Consolidation Initiative

       The conference agreement provides no funding for the 
     consolidation of headquarters leases due to an inadequate 
     justification and budget constraints. Currently DHS 
     headquarters are located in over 40 fragmented locations in 
     105 lease arrangements. The conferees direct the Department 
     to provide a more detailed plan and justification for its 
     lease consolidation initiative, including projected cost 
     savings, in conjunction with the fiscal year 2011 budget 
     request.

                             St. Elizabeths

       The conferees direct the Department to continue periodic 
     briefings on the St. Elizabeths headquarters consolidation 
     project, including the Department's efforts to work with the 
     local community and the National Capital Planning Commission 
     to ensure issues such as parking and traffic management are 
     properly addressed.

                 Office of the Chief Financial Officer

       The conference agreement provides $60,530,000 for the 
     Office of the Chief Financial Officer (CFO) as proposed by 
     the House instead of $63,530,000 as proposed by the Senate. 
     The conferees concur with the recommendation on FTE 
     annualization and program increases outlined in the Senate 
     report. An additional reduction below the request is made as 
     this office will likely lapse appropriated funds in fiscal 
     year 2009. The conferees encourage the use of authority under 
     section 505 of this Act making 50 percent of those balances 
     available in fiscal year 2010. The conference report includes 
     a statutory provision withholding $5,000,000 until the CFO 
     submits a financial management improvement plan that 
     addresses the recommendations outlined in IG report OIG-09-
     72. The CFO is to brief the Committees on the outcomes of its 
     independent program analyses as specified in the Senate 
     report.

                Transformation and Systems Consolidation

       The conference agreement provides $17,800,000 for the 
     Transformation and Systems Consolidation (TASC) project, as 
     proposed by the House instead of $19,200,000 as proposed by 
     the Senate. The reduction of $2,000,000 from the budget 
     request is due to high unobligated balances that have 
     resulted from program delays. The conferees direct the 
     Department to report to the Committees within 60 days after 
     the date of enactment of this Act, and every six months 
     thereafter, on its efforts to consolidate their financial 
     management systems, as outlined in the

[[Page H11211]]

     House report. These reports shall also include a detailed 
     plan for the Department's migration to TASC, as outlined in 
     the Senate report.

                  Annual Appropriations Justifications

       The CFO is directed to submit all of its fiscal year 2011 
     budget justifications (classified and unclassified) 
     concurrently with the submission of the President's budget 
     request and at the level of detail specified in the House and 
     Senate reports. The conferees further direct the CFO to 
     ensure that, in the fiscal year 2011 budget justification, 
     the enacted FTE numbers included in the documents for fiscal 
     year 2010 accurately reflect the FTE levels funded in this 
     Act. Finally, the CFO shall not permit any DHS component to 
     alter the PPAs in the fiscal year 2011 budget submission into 
     any account structure other than that contained in the 
     detailed funding table included at the end of this statement 
     without advance consultation with the Committees.

Impact of Changing Immigration Law for Guam and the Commonwealth of the 
                        Northern Mariana Islands

       The conferees direct the Secretary to report to the 
     Committees no later than January 15, 2010, on the changes in 
     resources required for administering immigration and travel 
     laws for Guam and the Commonwealth of the Northern Mariana 
     Islands as outlined in the House report.

                           Expenditure Plans

       The conferees continue to require expenditure plans for 
     specific DHS programs. These plans are intended to provide 
     Congress with information that allows it to effectively 
     oversee particular programs and hold the Department 
     accountable for program results. Required expenditure plans 
     shall include, at a minimum: a description of how the plan 
     satisfies any relevant legislative conditions for the 
     expenditure plan; planned program capabilities and benefits; 
     cost and schedule commitments; measures of progress against 
     commitments made in previous plans; how the program is being 
     managed to provide reasonable assurance that the promised 
     program capabilities, benefits, and cost and schedule 
     commitments will be achieved; historical funding for the 
     program, if applicable; and an obligation and outlay 
     schedule.

                Office of the Chief Information Officer

       The conference agreement provides $338,393,000 for the 
     Office of the Chief Information Officer (CIO) as proposed by 
     the Senate instead of $281,593,000 as proposed by the House. 
     Funding shall be allocated as follows:

Salaries and Expenses.......................................$86,912,000
Information Technology Services..............................51,417,000
Security Activities.........................................152,403,000
Homeland Secure Data Network.................................47,661,000
                                                       ________________
                                                       
  Total....................................................$338,393,000

                        Data Center Development

       The conference agreement provides not less than $82,788,000 
     within Security Activities for data center development as 
     proposed by the Senate instead of $20,000,000 as proposed by 
     the House. This includes $58,800,000 for data center 
     development and operations and maintenance as requested in 
     the budget, of which not less than $38,540,145 is for power 
     capabilities upgrades at Data Center One in the amounts and 
     for the purposes specifically listed in the Senate report. 
     The CIO shall provide a briefing to the Committees no later 
     than February 15, 2010, and quarterly thereafter, on the 
     progress of data center development and migration.

                         Data Center Migration

       In addition to the requested increase provided to this 
     office for data center development and operations and 
     maintenance, the conference agreement provides $91,200,000 
     specifically to various Departmental components for data 
     center migration, for a total of $150,000,000. The conferees 
     are aware that component data center migration schedules may 
     shift during the course of the fiscal year based on changing 
     circumstances and priorities. As a result, the conference 
     report includes a general provision allowing the Secretary to 
     transfer funds made available for data center migration, if 
     necessary, among components based on revised schedules and 
     priorities with 15 days prior notice to the Committees. The 
     CIO is also directed to include information on revised 
     schedules in the quarterly briefings.

           Departmental Priorities for Information Technology

       The conferees recognize the difficulties faced by the CIO 
     in integrating the information technology (IT) priorities and 
     requirements across the Department. The Committees are often 
     faced with weighing requests for resources for disparate IT 
     requirements with limited visibility into the priorities 
     within the DHS component IT requests or how those component 
     requests are prioritized within the Department's overall IT 
     plans. In order for the Committees to properly evaluate IT 
     requests, it is essential that the CIO provide a clear 
     accounting of IT activities and priority resource needs by 
     Departmental component and for each fiscal year. The 
     conferees direct the CIO to brief the Committees within 45 
     days after the date of enactment of this Act on the 
     prioritized list of the Department's most pressing IT needs 
     across all components, including but not limited to OneNet, 
     United States Citizenship and Immigration Services business 
     transformation, data center migration, the Transportation 
     Security Administration's vetting and credentialing 
     modernization, the Homeland Security Information Network, and 
     TECS modernization. Quarterly briefings should be provided 
     thereafter.

              Federal Information Security Management Act

       The conferees direct the CIO to brief the Committees, along 
     with the appropriate DHS component CIOs, on the plan to 
     improve Federal Information Security Management Act scores as 
     outlined in the Senate report.

                        Analysis and Operations

       The conference agreement provides $335,030,000 for Analysis 
     and Operations instead of $345,556,000 as proposed by the 
     House and $347,845,000 as proposed by the Senate.

                          Reports to Congress

       As detailed in both the House and Senate reports, the 
     Department has been exceptionally late submitting reports 
     required by the Committees to oversee the expenditure of 
     Intelligence and Analysis funds and to evaluate the progress 
     made in establishing the State and Local Fusion Center (SLFC) 
     program. These delays not only create an unacceptable lack of 
     visibility into DHS's intelligence programs, but also 
     disregard Congress' explicit direction to provide timely 
     information. Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall submit a fiscal 
     year 2010 expenditure plan for the Office of Intelligence and 
     Analysis as outlined in the Senate report, including balances 
     carried forward from prior years. In addition, the Secretary 
     shall continue to submit quarterly reports on the SLFC 
     Program not later than 30 days after the end of each quarter 
     of the fiscal year, as discussed in the Senate and House 
     reports.

   National Applications Office and National Immigration Information 
                           Sharing Operation

       The conference agreement provides no funding for the 
     National Applications Office since this program was recently 
     terminated by the Department. The conferees understand that 
     activities currently carried out by the Department of the 
     Interior Civil Applications Committee will be unaffected by 
     this action.
       The Department continues to develop the National 
     Immigration and Information Sharing Operation (NIISO) 
     program, but has substantially altered its scope to be more 
     limited than past proposals. In addition, the Department is 
     currently working with partner agencies to ensure that NIISO 
     operates consistent with all existing laws and regulations. 
     As a result, the conference agreement provides less than 
     requested in the budget for the NIISO program since it seems 
     unlikely operations will commence at the start of the fiscal 
     year. In addition, the conference agreement includes a 
     statutory provision that prohibits funding in this or any 
     other Act from being obligated to commence NIISO operations 
     until the Secretary certifies that NIISO complies with all 
     existing laws, including applicable privacy and civil 
     liberties standards, the GAO has reviewed such certification, 
     and a notification pursuant to section 503 of this Act is 
     submitted to the Committees.

                          Classified Programs

       Recommended adjustments to classified programs are 
     addressed in a separate classified annex.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

       The conference agreement provides $2,000,000 for the Office 
     of the Federal Coordinator for Gulf Coast Rebuilding (OFCGCR) 
     as proposed by both the House and the Senate. The office is 
     directed to provide an expenditure plan for fiscal year 2010 
     no later than 60 days after the date of enactment of this 
     Act, as specified in the Senate report. The conferees 
     encourage OFCGCR to consolidate federal data on Gulf Coast 
     recovery funding and measure impacts on key recovery 
     indicators including repopulation, economic and job growth, 
     reestablishment of local and State tax revenues, restoration 
     of housing stock, and availability of critical services 
     including health care, education, criminal justice, and fire 
     protection. OFCGCR shall work with all appropriate 
     stakeholders to identify and pursue a path forward to bring 
     New Orleans Charity Hospital back on-line.

                      Office of Inspector General

       The conference agreement provides $113,874,000 for the 
     Office of Inspector General (IG) instead of $111,874,000 as 
     proposed by the House and $115,874,000 as proposed by the 
     Senate. Included within this amount are additional resources 
     necessary to conduct U.S. Customs and Border Protection 
     revenue oversight.
       In addition to this direct appropriation, $16,000,000 shall 
     be transferred from the Federal Emergency Management Agency's 
     (FEMA) Disaster Relief Fund (DRF) to the IG to continue and 
     expand audits and investigations related to disasters. The IG 
     is required to notify the Committees no later than 15 days 
     prior to all transfers from the DRF.

                         FEMA Hiring Practices

       As part of the request for FEMA's Management and 
     Administration account, $35,000,000 is to resolve employee 
     pay shortfalls resulting from inadequate hiring and budgeting 
     guidelines and controls at FEMA. The conferees direct the IG 
     to investigate the hiring practices of FEMA as it pertains to 
     this issue and to report to the Committees within 90 days 
     after the date of enactment of this Act. As part of the 
     investigation, the IG shall evaluate whether or not the 
     budget request of $35,000,000 is sufficient to rectify FEMA's 
     structural pay deficiencies.

[[Page H11212]]

                             Audit Reports

       The conferees direct the IG to withhold the release of any 
     final audit or investigation reports requested by the 
     Committees from public distribution for a period of 15 days.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                         SALARIES AND EXPENSES

       The conference agreement provides $8,064,713,000 for U.S. 
     Customs and Border Protection (CBP) Salaries and Expenses 
     instead of $7,615,797,000 as proposed by the House and 
     $8,075,649,000 as proposed by the Senate. Of this amount, 
     $1,418,263,000 is for Headquarters, Management, and 
     Administration, including $402,263,000 for rent in a separate 
     PPA line; $950,000 within the amounts appropriated for nine 
     additional positions for oversight of Office of Information 
     and Technology programs; and an additional $500,000 for four 
     new positions for conduct and integrity oversight as 
     specified in the Senate report.
       A total of $2,749,784,000 is included for Border Security 
     Inspections and Trade Facilitation, instead of $2,732,759,000 
     as proposed by the House and $2,770,048,000 as proposed by 
     the Senate. Included in this amount is an additional 
     $7,025,000 for 50 additional CBP Officers and 10 support 
     positions to enhance Southwest border outbound operations and 
     an additional $10,000,000 for procurement of non-intrusive 
     inspection (NII) equipment, to be awarded under full and open 
     competition.
       Also included is $3,587,037,000 for Border Security and 
     Control Between Ports of Entry, instead of $3,591,559,000 as 
     proposed by the House and $3,576,759,000 as proposed by the 
     Senate. Within this amount is an additional $19,478,000 for 
     100 additional Border Patrol agents and 23 associated support 
     personnel; an additional $10,000,000 for NII equipment to be 
     awarded under full and open competition; and not more than 
     $800,000 for procurement of portable solar charging 
     rechargeable battery systems, to be awarded under full and 
     open competition.
       In addition, $309,629,000 is included for Air and Marine 
     Operations, as proposed by both the House and Senate.
       Finally, the conference report makes $1,700,000 available 
     until September 30, 2011, for the Global Advanced Passenger 
     Information/Passenger Name Record Program.
       The following table specifies funding by budget program, 
     project, and activity:

Headquarters, Management, and Administration:
  Management and Administration, Border Security Inspections and Trade 
    Facilitation...........................................$520,575,000
  Management and Administration, Border Security and Control Between 
    Ports of Entry..........................................495,425,000
  Rent......................................................402,263,000
                                                       ________________
                                                       
    Subtotal, Headquarters Management and Administration..1,418,263,000
Border Security Inspections and Trade Facilitation:
  Inspections, Trade, and Travel Facilitation at Ports of 2,262,235,000
  Harbor Maintenance Fee Collection (Trust Fund)..............3,226,000
  International Cargo Screening.............................162,000,000
  Other International Programs...............................11,181,000
  Customs-Trade Partnership Against Terrorism................62,612,000
  Trusted Traveler Programs..................................11,274,000
  Inspection and Detection Technology Investments...........153,563,000
  Automated Targeting Systems................................32,560,000
  National Targeting Center..................................26,355,000
  Training...................................................24,778,000
                                                       ________________
                                                       
    Subtotal, Border Security Inspections and Trade Facili2,749,784,000
Border Security and Control between Ports of Entry:
  Border Security and Control.............................3,535,286,000
  Training...................................................51,751,000
                                                       ________________
                                                       
    Subtotal, Border Security and Control between POEs....3,587,037,000
Air and Marine Operations...................................309,629,000
                                                       ================

      Total..............................................$8,064,713,000

                             Financial Plan

       The conferees are disappointed with poor financial 
     decisions made by CBP in fiscal year 2009, such as 
     insufficiently linking hiring initiatives to available 
     resources, and the failure to factor the impact of decreased 
     international travel, and subsequent reductions in inspection 
     fee revenue, into spending plans based on those fees. Because 
     more visibility in financial planning is required for 
     oversight, the conferees wish to see the presentation of CBP 
     Salaries and Expenses at a level of detail, and with more 
     clarity, than is currently displayed in the appropriation 
     table by PPAs. However, the conferees also acknowledge the 
     practical issues involved in revising the current PPA 
     structure, which serves as a basis for financial control and 
     establishes reprogramming baselines, and that any PPA change 
     would necessarily have ripple effects in budget execution. To 
     help develop a more useful display of CBP activities, and 
     facilitate oversight by the Committees, the conferees direct 
     CBP to provide within 90 days after the date of enactment 
     of this Act, a financial plan reflecting a detailed 
     breakout of funding by office for each of the major PPAs 
     in the Salaries and Expenses appropriation: Headquarters, 
     Management, and Administration; Border Security, 
     Inspections and Trade Facilitation; Border Security and 
     Control Between the Ports of Entry; and Air and Marine 
     Operations. This financial plan shall be updated in the 
     congressional budget justification submitted by the 
     Department in support of the fiscal year 2011 budget. This 
     requirement is in lieu of the Senate report requirement 
     for a new PPA structure and detailed expenditure plan. The 
     fiscal year 2011 budget request should be submitted using 
     the current PPA structure.

                         Data Center Migration

       The conference agreement provides $33,650,000 for data 
     center migration as proposed by the Senate instead of no 
     funding as proposed by the House. CBP should consider 
     reprogramming funds from within the Office of Information and 
     Technology should additional funding for data center 
     migration become necessary.

                Intellectual Property Rights Enforcement

       The conferees believe a greater focus needs to be brought 
     to intellectual property rights (IPR) enforcement. CBP is 
     directed to submit by December 15, 2009, a 5-year enforcement 
     strategy to reduce IPR violations. The strategy shall 
     include: a timeline for developing improved targeting models 
     specifically for IPR, a timeline for implementing expanded 
     training for all enforcement personnel, recommendations for 
     strengthening penalties, a plan for creating a supply chain 
     management program for IPR, and a timeline for expanding post 
     audit reviews for IPR.
       In addition, CBP, in consultation with the United States 
     Patent and Trademark Office (PTO) and the United States 
     Copyright Office (CO), is directed to submit a feasibility 
     study to the Committees not later than April 16, 2010, for 
     developing and implementing an opt-in or voluntary automated 
     link between the Intellectual Property Rights e-Recordation 
     online system and systems maintained by PTO and CO to allow 
     rights holders to elect to record their rights with CBP. The 
     study shall address project costs, infrastructure 
     requirements, data collection requirements, and a timeline 
     for implementing such an automated link.

                  Western Hemisphere Travel Initiative

       The conference agreement provides $144,936,000 for the 
     Western Hemisphere Travel Initiative (WHTI), as proposed by 
     the House and Senate and requested in the budget. The 
     conferees direct the DHS Office of Policy, with CBP, to 
     provide semiannual briefings to the Committees on WHTI 
     implementation, beginning not later than 30 days after the 
     date of enactment of this Act. These briefings should begin 
     detailing the transition of WHTI systems and infrastructure 
     to regular inspection and trade and travel facilitation 
     operations, and identify program elements and funding that 
     will be non-recurred as WHTI is fully integrated into CBP 
     base operations.

                   Northern Border Strategic Efforts

       The conferees direct CBP to submit a report to the 
     Committees not later than January 15, 2010, on staffing, 
     funding, and implementation of Northern Border enforcement 
     initiatives, as detailed in the House report.

               Electronic System for Travel Authorization

       The Electronic System for Travel Authorization (ESTA) 
     provides automated electronic vetting of travelers from 35 
     visa waiver program (VWP) countries, including eight added in 
     fiscal year 2008. CBP has received over 11,470,000 ESTA 
     applications in fiscal year 2009, with an approximate 
     rejection rate of 0.2 percent. While ESTA helps CBP screen 
     incoming VWP travelers, the fact that airlines neither 
     collect nor check ESTA information means there is no 
     systematic way to prevent passengers who are not ESTA 
     compliant from boarding U.S.-bound flights.
       To assess ESTA performance, and the steps required to 
     ensure all VWP travelers comply with ESTA, the conferees 
     direct DHS to submit an ESTA strategic plan to the Committees 
     not later than 90 days after the date of enactment of this 
     Act. The strategic plan should include all elements specified 
     in the House and Senate reports. To address ESTA's 
     communications strategy, the plan should recommend how to 
     ensure all travelers from VWP countries are aware of ESTA 
     requirements. It should also review the relationship between 
     ESTA and other offices with immigration/travel regulatory 
     missions, and recommend improvements in coordination and 
     efficiency, to include possibly merging ESTA within other 
     components such as the VWP office or United States Visitor 
     and Immigrant Status Indicator Technology.

                     International Cargo Screening

       The conference agreement provides $162,000,000 for 
     International Cargo Screening as proposed by the House, 
     instead of $165,421,000 as proposed by the Senate. The 
     conferees strongly support current efforts to reduce the 
     vulnerability of international

[[Page H11213]]

     supply chains being used to smuggle illicit weapons, or being 
     disrupted by such weapons. However, the conferees also 
     recognize practical difficulties in trying to meet the 
     statutorily mandated target of 100 percent scanning of U.S.-
     bound cargo in foreign ports. The conferees therefore direct 
     CBP to report, not later than February 1, 2010, on its 
     strategy to achieve meaningful and effective cargo and supply 
     chain security, as described in the House report.

                   Textile Transshipment Enforcement

       The conference agreement provides $4,750,000 for textile 
     transshipment enforcement. The conferees direct CBP to submit 
     a report with its fiscal year 2011 budget request on the 
     execution of its five-year strategic plan for textile 
     transshipment enforcement, as specified in the House report.

                            Project SeaHawk

       The conferees encourage CBP to continue to work with the 
     Department of Justice and local law enforcement on the 
     Project SeaHawk law enforcement task force to the maximum 
     extent possible.

            Antidumping and Countervailing Duty Enforcement

       The conferees have ensured that, within the amounts 
     provided for in this account, there will be 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; Stat. 154).
       The conferees direct CBP 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 to 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, in consultation with the other 
     relevant agencies, including the Secretaries of Commerce and 
     Treasury, 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 conferees further direct the Secretary to work with the 
     Secretary of Commerce to identify opportunities for the 
     Department of Commerce 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.

                  Non-Intrusive Inspection Technology

       The conference agreement provides a total of $163,563,000 
     within ``Salaries and Expenses'' for the purchase of NII 
     technology instead of $183,563,000 as proposed by the Senate 
     and $143,563,000 as proposed by the House, of which 
     $10,000,000 is included in the Border Security and Control 
     Between Ports of Entry PPA. The conferees direct CBP to award 
     all NII funds through full and open competition.

                        Northern Border Security

       The conferees expect DHS and CBP to devote the attention 
     and funding needed to secure the Northern border. The 
     conferees direct the Secretary to address the issues 
     discussed in the House and Senate reports regarding the 
     Northern border, update the August 2009 Northern Border 
     Strategy, and meet the stated goal of deploying 2,212 Border 
     Patrol agents along the Northern border in fiscal year 2010. 
     A briefing on the steps being taken to achieve these specific 
     goals shall be provided to the Committees not later than 
     December 15, 2009.

                                  Rent

       The conference agreement includes $402,263,000 for Rent in 
     the Headquarters, Management, and Administration PPA, as 
     proposed by the Senate, instead of in the proposed Facilities 
     Management account, as proposed by the House. The conferees 
     view keeping rental payments within the Salaries and Expenses 
     appropriation as consistent with fully capturing and 
     displaying the budgets of activities funded in that 
     appropriation, in that rental costs are necessarily included 
     in resource allocation decisions for program operations. At 
     the same time, the conferees see value in being able to 
     compare all facility related costs, whether rent, lease, or 
     investment. The conferees therefore direct CBP to submit, 
     with its justification materials accompanying the 2011 budget 
     request, a consolidated presentation of all CBP facilities 
     costs.

                           Additional Reports

       The conferees direct the Secretary of Homeland Security to 
     submit the reports called for in sections 563 and 568 of H.R. 
     2892 as amended by the Senate regarding, respectively, 
     Operation Streamline and the improvement of cross-border 
     inspection processes.


                        AUTOMATION MODERNIZATION

       The conference agreement provides $422,445,000 for 
     Automation Modernization instead of $462,445,000 as proposed 
     by the House and Senate. Funds are available until expended. 
     The total amount provided includes funding for the Automated 
     Commercial Environment (ACE), the International Trade Data 
     System (ITDS), legacy systems, and Critical Operations 
     Protection and Processing Support (COPPS), the latter 
     including modernization of the TECS system. Not less than 
     $227,960,000 of the total appropriation is provided for ACE, 
     of which $16,000,000 is for ITDS. Of the total provided for 
     ACE, $50,000,000 is unavailable for obligation until 30 days 
     after an expenditure plan, as specified in the House report, 
     is submitted to the Committees. In addition, CBP is directed 
     to continue submitting quarterly reports to the Committees on 
     progress in implementing ACE.

                    Automated Commercial Environment

       The conferees remain staunchly committed to completing the 
     development and deployment of ACE. Significant capabilities 
     have already been delivered to the trade community and to the 
     employees of CBP. However, CBP continues to struggle and fail 
     at program management, requirements development, contractor 
     oversight, and delivering capabilities on time. It should be 
     noted that what originally was a 5-year development plan has 
     become a 20-year odyssey. CBP is again restructuring its 
     approach to managing the development of ACE, including 
     requiring future capability releases to undergo business case 
     reviews. The reductions in funding below the amount requested 
     in the budget are prudent and should allow CBP to place Entry 
     Summary Reconciliation and Cargo Release into a full business 
     case review rather than proceeding with their development in 
     fiscal year 2010 under the original plan.

                  TECS Modernization Expenditure Plan

       The conference agreement provides $50,000,000, as requested 
     in the budget, for TECS modernization, within the COPPS PPA 
     funding levels. The conferees understand this joint effort 
     between CBP and U.S. Immigration and Customs Enforcement 
     (ICE) will be completed within the next five years, and 
     direct CBP and ICE to provide semiannual joint briefings to 
     the Committees beginning not later than December 1, 2009.


        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

       The conference agreement provides $800,000,000 for the 
     integrated Border Security Fencing, Infrastructure, and 
     Technology account as proposed by the Senate instead of 
     $732,000,000 as proposed by the House. Funds are available 
     until expended. The funding includes $92,000,000 for Program 
     Management, of which $40,000,000 is for environmental and 
     regulatory requirements and $52,000,000 is for personnel 
     operations and support; $508,000,000 for Development and 
     Deployment, of which $40,000,000 is for Northern border 
     security technology investment, and of which $20,548,000 
     above the budget request is included to expedite P25 tactical 
     communications modernization and to further technology design 
     planning for Secure Border Initiative Network (SBInet) 
     projects in Arizona; and $200,000,000 for Operations and 
     Maintenance.
       The conference agreement also makes $75,000,000 unavailable 
     for obligation until the Committees receive and approve an 
     expenditure plan that complies with conditions set forth in 
     the conference report, and has been reviewed by the GAO. The 
     conference report continues current law making 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, 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.

                            Expenditure Plan

       The conferees include statutory requirements for 
     information to be included in the expenditure plan to be 
     reviewed by the GAO. The conferees expect the plan will be 
     submitted in a timely manner to the Committees and comply 
     fully with the conditions set forth in this and related Acts.
       The conferees direct that the plan provide specific details 
     on how additional funding shall be used to expedite P25 
     tactical communications modernization.
       The conferees are concerned about the delays in deployment 
     for SBInet ``Blocks'' 1 and 2, while also recognizing the 
     need to proceed carefully and to ensure steps are taken to 
     address all mission and operational test requirements. 
     Therefore, the conferees also direct that the expenditure 
     plan specify how additional funding included under this 
     heading will be used to further key development and 
     demonstrations in support of the launch of ``Block 2''. In 
     addition to the expenditure plan requirements, the conferees 
     direct CBP to brief the Committees as soon as preliminary 
     results from ``Block 1'' operational field tests are 
     available and prior to proceeding further with ``Block 2'' 
     development.

                   Evaluation and Acceptance Criteria

       The conferees continue to support expeditious deployment of 
     effective technology to enhance CBP's execution of its border 
     security mission, and recognize the renewed rigor with which 
     CBP is evaluating the operational utility of such technology. 
     In fiscal year 2010, the Office of Border Patrol (OBP) is 
     expected to evaluate the SBInet ``Block 1''

[[Page H11214]]

     increment through operational field testing along the 
     Southwest Border. While OBP's operational requirements for 
     border security technology are well documented, the criteria 
     OBP will use to determine acceptance of the SBInet prime 
     mission product remain unclear. The conferees direct CBP to 
     delineate the evaluation and acceptance criteria for SBInet 
     in the required BSFIT expenditure plan. CBP, along with the 
     Science and Technology Directorate, are also directed to 
     jointly brief the Committees prior to CBP commencing ``Block 
     1'' operational field testing on this criteria and how the 
     criteria will be used to make an acceptance determination of 
     SBInet.

                       Northern Border Technology

       The conferees are concerned that not all options are 
     receiving due consideration when allocating funding to deploy 
     technology to Border Patrol sectors along the Northern 
     Border. While proven commercial off-the-shelf (COTS) 
     technology, such as cameras, can significantly leverage 
     existing manpower, many Border Patrol stations lack such 
     basic technology. At the same time, most Northern border 
     technology investment is being put into one sector's 
     integration center. The conferees direct that the expenditure 
     plan, in describing Northern Border technology investments, 
     explicitly address tradeoffs between intensive investments 
     (by operation or location) versus providing COTS technology 
     and support to more areas of the Northern Border. In 
     addition, CBP is directed to continue, 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.

                Reporting Requirements to the Committees

       CBP is directed to include, within the fiscal year 2010 
     expenditure plan and as specified in the House report, its 
     proposed environmental planning and mitigation plan. In lieu 
     of providing in that plan a report on current and prior year 
     environmental efforts, as proposed by the House, CBP shall 
     brief the Committees no later than 90 days after the date of 
     enactment of this Act. In the same briefing, CBP shall 
     provide an assessment of the potential of ``buffer areas'' to 
     facilitate mission and environmental goals, in lieu of a 
     report in the expenditure plan, as proposed by the House.
       In addition, DHS shall include in the quarterly SBI report 
     details on BSFIT obligations and expenditures as specified in 
     the House report, rather than submitting such information on 
     a monthly basis.


 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

       The conference agreement provides $519,826,000 for Air and 
     Marine Interdiction, Operations, Maintenance, and Procurement 
     instead of $513,826,000 as proposed by the House and 
     $515,826,000 as proposed by the Senate. This includes 
     $374,217,000 for Operations and Maintenance and $145,609,000 
     for Procurement. Within these amounts, an additional 
     $6,000,000 is provided for software and system upgrades for 
     the Air and Marine Operations Center, and an additional 
     $8,000,000 is provided for marine vessels.

                             Marine Vessels

       The conference agreement provides $14,500,000 for 
     procurement of marine vessels, instead of $16,500,000 as 
     proposed by the Senate and $6,500,000 as proposed by the 
     House, an increase of $8,000,000 above the budget request. 
     The conferees direct these funds to be awarded competitively 
     and direct CBP to submit an updated strategic acquisition 
     plan to the Committees as discussed in the House report.

                    Air and Marine Recapitalization

       Congress, in fiscal year 2006, mandated CBP to submit a 
     strategic plan for recapitalization of its aviation assets, 
     subsequently expanded to include all its air and marine 
     programs. In executing this plan, CBP has awarded contracts 
     for the purchase and upgrade of aircraft and marine vessels, 
     as well as implementation of the P-3 aircraft service life 
     extension program. However, the conferees note that CBP has 
     made little progress in retiring its aging assets or reducing 
     the number of types of aircraft it flies. These trends could 
     lead to higher maintenance costs and possibly the loss of 
     assets needed to support the agency's border security 
     missions. The conferees therefore direct the Commissioner to 
     submit an updated strategic plan for air and marine 
     recapitalization to the Committees with its fiscal year 2011 
     budget request, specifying the quantities and types of aging 
     aircraft and marine vessels operated by CBP, their operating 
     locations, and progress toward replacement or upgrade of such 
     assets. The report shall include an estimate of the costs to 
     maintain aging assets until they are retired, plans for 
     mitigating the impact of increased maintenance on mission 
     availability, and details on contracts awarded to purchase 
     new, replacement aircraft and vessels, or upgrade existing 
     assets. CBP is also directed to brief the Committees no later 
     than December 15, 2009, on current air and marine asset 
     maintenance costs and mission availability, and the remaining 
     service life of aging assets.


                 CONSTRUCTION AND FACILITIES MANAGEMENT

       The conference agreement provides $319,570,000 for 
     Construction and Facilities Management instead of 
     $682,133,000 for Facilities Management as proposed by the 
     House, and $316,070,000 as proposed by the Senate. This 
     includes $282,557,000 for Facility Construction and 
     Sustainment and $37,013,000 for Program Oversight and 
     Management. Within Facility Construction and Sustainment is 
     an additional $39,700,000 for constructing and equipping the 
     Advanced Training Center and an additional $3,500,000 for 
     acquisition, design, and construction of CBP Air and Marine 
     facilities at El Paso International Airport. No funding is 
     provided for rent, which is funded in the Salaries and 
     Expenses appropriation.

                       Port of Entry Construction

       The conference agreement includes language requiring CBP, 
     in consultation with GSA, to include a 5-year construction 
     plan for land border ports of entry. The conferees direct DHS 
     to continue to work with GSA to prioritize and address land 
     border port of entry infrastructure needs, and to comply with 
     requirements of the Public Buildings Act to seek necessary 
     funding, as called for in the Senate and House reports.

                       Future Construction Needs

       The conferees are disappointed that the fiscal year 2010 
     budget request includes no funds for ongoing or new 
     construction projects. While significant funds have been 
     provided to CBP as its workforce has seen exceptional growth, 
     the expansion and replacement of aging and inadequate CBP 
     facilities is not complete. The conferees expect future 
     budget requests to include an adequate level of funding to 
     continue modernization of CBP facilities to meet current 
     security needs and the habitability needs of the CBP 
     workforce.

                        Rural and Remote Housing

       The conferees expect DHS to work to ensure adequate housing 
     for its personnel in rural and remote areas, particularly 
     with the significant increase of CBP personnel deployed to 
     the Northern and Southwest Borders, and direct the Department 
     to submit to the Committees no later than December 15, 2009, 
     a Quarters Management Plan as described in the House report.

                U.S. Immigration and Customs Enforcement

                         Salaries and Expenses

       The conference agreement provides $5,342,134,000 for U.S. 
     Immigration and Customs Enforcement (ICE) Salaries and 
     Expenses instead of $5,313,193,000 as proposed by the House 
     and $5,360,100,000 as proposed by the Senate. Within the 
     total amount, not less than $1,500,000,000 is for efforts to 
     identify individuals illegally present in the United States 
     who have criminal records, whether incarcerated or at-large, 
     and to remove these aliens once they have been judged 
     deportable in immigration court. The conferees direct ICE to 
     report within 30 days after the date of enactment of this 
     Act to the Committees on how it will allocate program 
     funds to fulfill this requirement.
       The conference report includes a statutory requirement 
     regarding IG reviews of ICE's 287(g) agreements for 
     compliance with the terms of Memoranda of Understanding 
     signed between the agency and local law enforcement 
     organizations, and also prohibits the expenditure of funds on 
     contracts with detention centers that repeatedly fail to 
     comply with ICE detention standards.
       The following table specifies funding levels by budget 
     activity:

Headquarters Management and Administration.................$512,337,000
Legal Proceedings...........................................221,666,000
Domestic Investigations...................................1,649,551,000
International Investigations:
  International Operations..................................112,872,000
  Visa Security Program......................................30,686,000
Subtotal, International Investigations......................143,558,000
Intelligence.................................................69,842,000
Detention and Removal Operations:
  Custody Operations......................................1,771,168,000
  Fugitive Operations.......................................229,682,000
  Criminal Alien Program....................................192,539,000
  Alternatives to Detention..................................69,913,000
  Transportation and Removal Program........................281,878,000
Subtotal, Detention and Removal Operations................2,545,180,000
Identification and Removal of Criminal Aliens...............200,000,000
Total, ICE Salaries and Expenses.........................$5,342,134,000

                     Management and Administration

       Within Management and Administration, the conference 
     agreement includes $47,123,000 for ICE field office 
     collocation as proposed by the House and instead of 
     $57,000,000 as proposed by the Senate. A statutory 
     restriction in the conference report withholds from 
     obligation all non-personnel and non-planning costs for field 
     office collocation until ICE submits a plan for nationwide 
     expansion of the Alternatives to Detention program. In 
     addition, the conference agreement includes $23,850,000 for 
     ICE data center consolidation, as proposed by the Senate 
     instead of no funding as proposed by the House. The 
     conference report also includes authority to transfer up to 
     $10,000,000 from the ICE Automation Modernization account to 
     Salaries and Expenses for data center migration, if ICE 
     determines this to be a higher priority.

         Prioritizing the Removal of Deportable Criminal Aliens

       The conference report includes $200,000,000 exclusively for 
     ICE efforts to identify and remove deportable criminal aliens 
     as proposed

[[Page H11215]]

     by the House, instead of $195,589,000 as proposed by the 
     Senate. ICE has branded these efforts ``Secure Communities,'' 
     and the conferees continue to have strong interest in the 
     implementation and expansion of this program. As a result, 
     the conference agreement includes a statutory requirement for 
     ICE to report to the Committees, within 45 days of the close 
     of each quarter of the fiscal year, on progress to make sure 
     all aliens who have been convicted of crimes and ordered 
     removed from the United States are indeed deported to their 
     country of origin.
       The conferees include statutory language directing ICE to 
     allocate not less than $1,500,000,000 of its total Salaries 
     and Expenses budget to the identification and removal of 
     criminal aliens, indicating the high level of attention the 
     conferees expect ICE immigration enforcement managers will 
     place on finding and deporting those who have already proved 
     their ability to harm U.S. citizens and legal residents. The 
     conferees recognize the complex mix of competing priorities 
     confronting ICE when enforcing immigration laws, and have 
     provided record appropriations since 2007 to support all ICE 
     immigration enforcement activities. Despite this robust level 
     of funding, ICE has been unable to fully develop a capacity 
     to identify all individuals who have been convicted of 
     criminal offenses, ordered removed from the country, and are 
     in law enforcement custody. The conferees expect ICE will 
     continue to make significant progress establishing the Secure 
     Communities program at booking locations, jails and prisons 
     throughout the country in fiscal year 2010. Within 30 days of 
     the enactment of this Act, the conferees direct ICE to submit 
     to the Committees an explicit plan for how the agency will 
     allocate these program resources to the identification and 
     removal of deportable criminal aliens.
       The conferees note that ICE has had initial success 
     deploying the Secure Communities program to more than 40 
     locations nationwide. Data indicate that Secure Communities 
     helped ICE issue more than 6,000 immigration detainers at 
     these locations between October 2008 and April 2009, many of 
     which were for individuals convicted of serious offenses such 
     as rape, armed robbery, and violent drug-related crimes. As 
     in past years, the conferees include a statutory requirement 
     for ICE to prioritize the removal of aliens convicted of 
     crimes by the severity of that crime to ensure the most 
     dangerous criminal aliens are not simply released back into 
     the U.S. after the completion of their criminal sentences.

                Southwest Border Enforcement Initiative

       The conferees note the vigor with which ICE has rapidly 
     devoted resources toward the enhancement of law enforcement 
     efforts along the Southwest border in response to the 
     increase in cross-border crime in fiscal year 2009. These 
     efforts include the establishment of 10 Border Enforcement 
     Security Task Forces (BESTs) along the Southwest border to 
     better utilize the collective capabilities of Federal, State, 
     local, and international law enforcement partners. 
     Furthermore, ICE has signed new agreements with the Drug 
     Enforcement Administration and the Bureau of Alcohol, 
     Tobacco, Firearms, and Explosives to strengthen and better 
     coordinate Federal law enforcement efforts to thwart the 
     smuggling of drugs, bulk cash, weapons, illegal aliens, and 
     other contraband by transnational criminal organizations. 
     While very supportive of these efforts, the conferees believe 
     ICE must examine the broader resource implications and 
     sustainability of this new operational posture in the context 
     of achieving the objectives of the National Southwest Border 
     Counternarcotics Strategy (the Strategy), released on June 5, 
     2009. ICE is directed to brief the Committees no later than 
     December 15, 2009, on its efforts to effectively align 
     resources to the Strategy's goals for border enforcement.
       To support ICE efforts along the Southwest border in 
     combating crime related to transnational smuggling and 
     illicit trade, the conference agreement provides a total of 
     $100,000,000, $30,000,000 more than requested. Of these 
     amounts, an additional $10,000,000 is for BEST team 
     expansion, which includes $2,000,000 for intelligence 
     activities; an additional $10,000,000 is for counter-
     proliferation investigations, including anti-gun smuggling 
     activities; and an additional $10,000,000 is for 
     investigations of transnational gangs.
       The conferees are aware of ongoing efforts to coordinate 
     the investigative activities of DHS and the Department of 
     Justice (DOJ) along the Southwest border. The conferees 
     commend the Administration for this plan to expand and share 
     network ballistics imaging technology with Mexican law 
     enforcement agencies as part of the Strategy. As discussed in 
     the Senate report, the sharing of ballistics information can 
     potentially generate significant leads for investigations 
     into gun violence and weapons smuggling. The conferees 
     encourage DHS to continue to work closely with the DOJ to 
     ensure appropriate protocols are in place to share ballistic 
     information between the two agencies and with Mexican law 
     enforcement partners to further collective investigative 
     efforts.

                          Detention Bed Spaces

       The conference report includes a provision directing that a 
     level of 33,400 detention beds shall be maintained throughout 
     fiscal year 2010.

              Detention Standards Oversight and Compliance

       As discussed in both the House and Senate reports, the 
     conferees support ICE's proposal to expand the Office of 
     Professional Responsibility and Detention Facilities 
     Inspection Group, and provide an increase of $2,100,000 over 
     the budget request for these programs in fiscal year 2010 to 
     address workplace fraud as proposed by the Senate.

                       Alternatives to Detention

       The conference agreement provides $69,913,000 for 
     Alternatives to Detention programs instead of $73,913,000 as 
     proposed by the House and $63,913,000 as proposed by the 
     Senate. Included in the conference report is a statutory 
     restriction on expenditure of ICE appropriations on field 
     office collocation until ICE submits to the Committees a plan 
     for nationwide deployment of the Alternatives to Detention 
     program.

                    Detention and Removal Reporting

       ICE is directed to continue to submit quarterly reports on 
     detention and removal statistics, as discussed in the Senate 
     report.

                           ICE Investigations

       The conference agreement provides $1,649,551,000 for ICE 
     domestic investigations instead of $1,643,360,000 as proposed 
     by the House and $1,666,551,000 as proposed by the Senate. 
     The conference agreement also provides $143,558,000 for ICE 
     international investigations instead of $144,758,000 as 
     proposed by the House and $143,058,000 as proposed by the 
     Senate. Within the funding provided for international 
     investigations, the conference agreement includes $30,686,000 
     for ICE Visa Security Units instead of $31,886,000 as 
     proposed by the House and $30,186,000 as proposed by the 
     Senate.

                        ICE Worksite Enforcement

       The conference agreement provides $134,778,000 for ICE 
     worksite enforcement investigations, an increase of 
     $6,000,000 above the amount requested in the budget, as 
     discussed in the Senate report.

                        State and Local Programs

       The conference agreement includes a total of $117,394,000 
     for State and Local Programs as proposed by both the House 
     and Senate. Within this total, $68,047,000 is for the 287(g) 
     program; $14,357,000 is provided for the Forensics Document 
     Laboratory, which supports all ICE investigatory programs and 
     offers specialized assistance to State and local law 
     enforcement agencies; and $34,990,000 is for the Law 
     Enforcement Support Center.

              Deportation of Parents of U.S.-Born Children

       As discussed in the House and Senate reports, ICE does not 
     currently track in any meaningful or comprehensive way, 
     information about the removal of alien parents of U.S.-born 
     children. In order to better understand the scale and 
     intricacies of this issue, the conferees direct ICE to 
     submit, within 60 days after the date of enactment of this 
     Act, an evaluation of the process and data management system 
     changes necessary to track the information discussed in both 
     the House and Senate reports, including a timeline for 
     implementing the required changes in fiscal year 2010. ICE is 
     directed to begin collecting data on the deportation of 
     parents of U.S.-born children no later than July 1, 2010, and 
     to provide the data at least semi-annually to the Committees 
     and the Office of Immigration Statistics.

                   Textile Transshipment Enforcement

       As discussed in the House report, the conference agreement 
     includes $4,750,000 for textile transshipment enforcement, as 
     authorized by section 352 of the Trade Act of 2002. 
     Concurrent with its fiscal year 2011 budget submission, ICE 
     should report on this activity as discussed in the House 
     report.

                        Automation Modernization


                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $90,000,000 for 
     Automation Modernization instead of $105,000,000 as proposed 
     by the House and $85,000,000 as proposed by the Senate. 
     Included in this amount is the full budget request for the 
     TECS and Atlas modernization programs, and for ICE efforts to 
     convert health records to digital format. The conferees 
     direct ICE to provide, within 30 days from the date of 
     enactment of this Act, a briefing that identifies the funding 
     levels to be allocated to other programs funded in this 
     account. In addition, the conference report includes a 
     statutory restriction withholding $10,000,000 of the 
     Automation Modernization appropriation from obligation until 
     ICE submits a detailed fiscal year 2010 expenditure plan for 
     this account. Should ICE determine that data center migration 
     is a higher priority than its various automation 
     modernization programs, it may transfer up to $10,000,000 
     from this account to ``Salaries and Expenses'' for this 
     purpose.

                              Construction

       The conference agreement provides an additional $4,818,000 
     for ICE construction, which funds basic and emergency 
     maintenance at ICE-owned detention facilities instead of 
     $11,818,000 as proposed by the House and no funding as 
     proposed by the Senate.

                 Transportation Security Administration

                           Aviation Security

       The conference agreement provides $5,214,040,000 for 
     Aviation Security instead of $5,265,740,000 as proposed by 
     the House and $5,233,328,000 as proposed by the Senate. In 
     addition to the amounts appropriated, a mandatory 
     appropriation totaling $250,000,000 is available through the 
     Aviation Security Capital Fund. Statutory language reflects 
     the collection of $2,100,000,000 from aviation user fees, as 
     authorized. The following table specifies funding by budget 
     activity:


[[Page H11216]]


Screening Operations:
                                                    Screener Workforce:
    Privatized screening...................................$149,643,000
    Screener personnel, compensation, and benefits........2,758,575,000
                                                       ________________
                                                       
    Subtotal, screener workforce..........................2,908,218,000
  Screening training and other............................. 204,713,000
  Checkpoint support........................................128,739,000
                                                       EDS/ETD Systems:
    EDS procurement and installation........................778,300,000
    Screening technology maintenance and utilities..........316,625,000
    Operation integration....................................21,481,000
                                                       ________________
                                                       
    Subtotal, EDS/ETD systems.............................1,116,406,000
    Subtotal, screening operations........................4,358,076,000
                           Aviation Security Direction and Enforcement:
    Aviation regulation and other enforcement...............254,064,000
    Airport management and support..........................453,924,000
    Federal flight deck officer and flight crew training.....25,127,000
    Air cargo...............................................122,849,000
                                                       ________________
                                                       
    Subtotal, aviation security direction and enforcement.. 855,964,000
    Total, Aviation Security............................ $5,214,040,000

                          Privatized Screening

       The conference agreement provides $149,643,000 for 
     Privatized Screening as proposed by the House and Senate. The 
     Transportation Security Administration (TSA) is directed to 
     approve the applications of airports that are seeking to 
     participate in the screening partnership program that meet 
     all of TSA's criteria, including the determination that 
     contract screening can be provided at that location in a 
     cost-effective manner.

             Screener Personnel, Compensation, and Benefits

       The conference agreement provides $2,758,575,000 for 
     Screener Personnel, Compensation, and Benefits as proposed by 
     the Senate instead of $2,788,575,000 as proposed by the 
     House. Within this funding, the conferees have approved 
     $211,861,214 for behavior detection officers, an increase of 
     126 new behavior detection officer FTEs to enhance ongoing 
     activities at the nation's larger airports. As discussed in 
     the Senate report, no later than 60 days after the date of 
     enactment of this Act, TSA shall report on the scientific 
     basis for using behavior pattern recognition for observing 
     airline passengers for signs of hostile intent, the 
     effectiveness of this program in meeting its goals and 
     objectives, and the justification for expanding the 
     program. GAO shall review this report and provide its 
     findings to the Committees no later than 120 days after 
     the report is submitted to the Committees.
       The conferees agree with the Senate recommendation to 
     reduce funding below the request in this account due to 
     repeated large carryover balances. With the large influx of 
     funding provided by ARRA and this Act, TSA is able to greatly 
     expedite the deployment of next generation technologies at 
     the checkpoint and to install significantly more in-line 
     explosives detection systems, thereby permitting a reduction 
     in personnel. TSA shall report to the Committees, in tandem 
     with the fiscal year 2011 budget, on the savings achieved and 
     anticipated by fiscal year from the installation of the new 
     systems. The report shall specifically address FTE savings.
       TSA shall provide a briefing within 30 days after 
     submission of the fiscal year 2011 Congressional Budget 
     Justification presenting a revised fiscal year 2011 budget 
     structure for the Committees consideration that includes an 
     appropriation for personnel and related operational expenses 
     with a one-year availability.

                      Screener Training and Other

       The conference agreement provides $204,713,000 for Screener 
     Training and Other as proposed by the House instead of 
     $203,463,000 as proposed by the Senate. Within the funds 
     provided is $1,250,000 for the Safe Skies Alliance to develop 
     and enhance research and training capabilities for 
     Transportation Security Officer improved explosive detection 
     recognition training.

                           Checkpoint Support

       The conference agreement provides $128,739,000 for 
     Checkpoint Support as proposed by the House and Senate. TSA 
     shall move to a fully competitive procurement process for 
     checkpoint support equipment no later than September 30, 
     2010, and update the Committees periodically on the progress 
     it is making to meet this requirement. As discussed under 
     ``Transportation Security Support'', TSA shall provide an 
     expenditure plan on checkpoint support expenditures on an 
     airport-by-airport basis.
       Within 60 days after the date of enactment of this Act, TSA 
     shall report to the Committees on the details and strategy 
     for a comprehensive program to ensure passenger privacy 
     related to the whole body imaging (WBI) program. At a 
     minimum, this strategy should include: off-site monitoring; 
     adequate privacy safeguards by software or other means; 
     procedures to prohibit storing, transferring, or copying any 
     images produced by the machines; and a concept of operations 
     plan for those passengers that choose a physical search 
     rather than WBI screening.

                      Explosives Detection Systems

       A total of $1,028,300,000 is available for Explosives 
     Detection Systems (EDS) procurement and installation. Within 
     this total, the conference agreement provides $778,300,000 in 
     discretionary funding instead of $800,000,000 as proposed by 
     the House and $802,169,000 proposed by the Senate. An 
     additional $250,000,000 in mandatory funding is available 
     from the Aviation Security Capital Fund. Not less than 28 
     percent of the funds provided shall be available for the 
     purchase and installation of certified EDS at medium- and 
     small-sized airports as proposed by the Senate instead of 25 
     percent as proposed by the House. Any award to deploy EDS 
     shall be based on risk, the airport's current reliance on 
     other screening solutions, lobby congestion resulting in 
     increased security concerns, high injury rates, airport 
     readiness, and increased cost effectiveness.
       TSA shall move to a fully competitive EDS procurement 
     process no later than September 30, 2010, and update the 
     Committees periodically on the progress it is making to meet 
     this requirement.
       The 9/11 Act requires that TSA prioritize funding for in-
     line baggage system deployment using a risk-based model, to 
     include consideration of those airports incurring eligible 
     costs for EDS that were not recipients of funding agreements 
     under 49 U.S.C. 44923. The TSA expenditure plan, discussed 
     under ``Transportation Security Support'', shall identify 
     those airports that have petitioned TSA for support and 
     include these airports as part of the risk-based 
     prioritization analysis of airport projects for determining 
     funding eligibility pursuant to section 1604(b)(2) of the 9/
     11 Act.
       As discussed in the House report, TSA is encouraged to 
     consider using funds for dedicated pre-engineered structures 
     related to optimal screening solutions for EDS installations.
       The conferees continue to be interested in the feasibility 
     of consolidating checkpoint and checked baggage systems at 
     medium- and small-sized airports and direct TSA to 
     expeditiously submit the report required by February 16, 
     2009, on this topic.

             Screening Technology Maintenance and Utilities

       The conference agreement provides $316,625,000 for 
     Screening Technology Maintenance and Utilities as proposed by 
     the House instead of $326,625,000 as proposed by the Senate. 
     The conferees remain interested in controlling the growing 
     maintenance costs of the agency's screening technologies and 
     understand that TSA is working with vendors to develop 
     equipment with greater throughput and lower maintenance 
     costs. The conferees support this effort and encourage TSA to 
     look for ways to control costs in this area in the future.

                     Airport Management and Support

       The conference agreement provides $453,924,000 for airport 
     management and support as proposed by the House instead of 
     $448,424,000 as proposed by the Senate. Within this funding 
     is $5,500,000 for the flight data initiative to support 
     aircraft installation and flight testing by September 30, 
     2011.

                               Air Cargo

       The conference agreement provides $122,849,000 for Air 
     Cargo as proposed by the House instead of $115,018,000 as 
     proposed by the Senate. Within the funds provided: $4,730,000 
     is for testing, evaluation, and qualification of existing 
     technologies for use in air cargo to assist the fresh fruit 
     industry and others in complying with new cargo screening 
     requirements; $2,200,000 is for inspectors and canine teams 
     to convert 35 legacy teams to proprietary teams; $3,450,000 
     is for 50 new inspectors to address the additional inspection 
     workload related to the 100-percent screening mandate and 
     other regulatory responsibilities; and $4,350,000 is for 
     deployment of skid-level and palletized screening 
     technologies, including vapor detection and metal detection 
     technologies, to meet the 100-percent screening mandate.
       TSA is encouraged to continue its efforts to assist the 
     fresh fruit industry in complying with new cargo scanning 
     requirements and to expedite the development and approval of 
     efficient and effective cargo screening technologies.
       TSA is directed to regularly brief the Committees on the 
     results of its air cargo pilot before a nationwide rollout 
     and identify any impediments it may have in meeting the 100-
     percent air cargo screening requirement by August 2010.
       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 
     balances.

                    Surface Transportation Security

       The conference agreement provides $110,516,000 for Surface 
     Transportation Security instead of $103,416,000 as proposed 
     by the House and $142,616,000 as proposed by the Senate. 
     Within this total, $42,293,000 is for surface transportation 
     staffing and operations and $68,223,000 is for surface 
     transportation security inspectors and canines.
       Within the funds provided for surface transportation 
     security inspectors and canines, the conferees provide 
     $7,100,000 for 100 new surface transportation inspectors, 
     allowing TSA to fulfill 9/11 Act requirements. Due

[[Page H11217]]

     to TSA delays in hiring, the conferees provide $25,000,000, 
     half the increased funding requested, for new rail inspectors 
     to create 15 new Visible Intermodal Protection and Response 
     (VIPR) teams. These funds cannot be obligated until TSA 
     provides an expenditure plan detailing how and where these 
     new VIPR teams will be deployed.

           Transportation Threat Assessment and Credentialing

       The conference agreement provides a direct appropriation of 
     $171,999,000 for Transportation Threat Assessment and 
     Credentialing as proposed by the House and the Senate. In 
     addition, the conferees have moved all fee funded screening 
     activities into this account. TSA anticipates it will collect 
     $47,620,000 in fees. Funding is provided as follows:

Direct Appropriations:
  Secure flight.............................................$84,363,000
  Crew and other vetting programs............................87,636,000
                                                       ________________
                                                       
Subtotal, direct appropriations.............................171,999,000
Fee Collections:
  Transportation worker identification credential.............9,000,000
  Hazardous materials........................................15,000,000
  Alien flight school (transfer from DOJ).....................4,000,000
  Certified cargo screening program...........................5,200,000
  Large aircraft security program.............................1,600,000
  Secure identification display area checks..................10,000,000
  Other security threat assessments.............................100,000
  General aviation at DCA.......................................100,000
  Indirect air cargo..........................................2,600,000
  Sensitive security information.................................20,000
                                                       ________________
                                                       
Subtotal, fee collections...................................$47,620,000

                             Secure Flight

       The conference agreement provides $84,363,000 for Secure 
     Flight as proposed by the House and Senate. The conferees do 
     not include a general provision as proposed by the Senate 
     prohibiting funds to be used to test algorithms assigning 
     risk to passengers whose names are not on a government watch 
     list or to use databases that are under control of a non-
     Federal entity because these activities are not permitted by 
     the final Secure Flight rule. Any change beyond the scope of 
     this rule would require a new rulemaking.
       TSA shall report within 90 days after the date of enactment 
     of this Act on the progress it has made in addressing GAO's 
     Secure Flight recommendations related to the name matching 
     system, appropriate life cycle costs, schedule estimates, and 
     its assessment on the impact of modifications to the Computer 
     Assistance Passenger Pre-Screening System rules on air 
     carriers. In addition, the conferees direct GAO to continue 
     its review of the Secure Flight program until all conditions 
     are generally achieved, and periodically update the 
     Committees on its findings.
       As directed in the Senate report, TSA shall brief the 
     Committees on any security concerns related to passengers 
     providing fraudulent documents when making an airline 
     reservation and discuss how this will be addressed.
       No funds appropriated for crew and other vetting programs 
     may be used to supplement the amount provided for the Secure 
     Flight program, subject to section 503 of this Act.

                    Transportation Security Support

       The conference agreement provides $1,001,780,000 for 
     Transportation Security Support instead of $992,980,000 as 
     proposed by the House and $999,580,000 as proposed by the 
     Senate. Funding is provided as follows:

Headquarters administration................................$248,929,000
Information technology......................................498,310,000
Human capital services......................................226,338,000
Intelligence.................................................28,203,000
                                                       ________________
                                                       
  Total, Transportation Security Support.................$1,001,780,000

                         Information Technology

       The conference agreement includes $498,310,000 for 
     Information Technology instead of $489,510,000 as proposed by 
     the House and $496,110,000 as proposed by the Senate. Within 
     this total is $8,800,000 for data center migration.

                           Expenditure Plans

       The conference report includes language requiring TSA to 
     submit detailed expenditure plans to the Committees for air 
     cargo security, and for checkpoint support and EDS 
     procurement, refurbishment, and installations is on an 
     airport-by-airport basis for fiscal year 2010. These plans 
     are due no later than 60 days after the date of enactment of 
     this Act. The conference report withholds $20,000,000 of the 
     total amount provided for Headquarters Administration from 
     obligation until the detailed expenditure plans are received. 
     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 to be 
     purchased, 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. TSA may reassess and 
     reallocate funds in the expenditure plan if new requirements 
     occur throughout the fiscal year, after providing 
     notification to the Committees on the change within the 
     quarterly report.

                            Risk Assessments

       As discussed in the Senate report, TSA is directed to 
     submit expeditiously a report as directed in Senate report 
     110-396, related to risk analysis and resource allocations 
     across all transportation modes. The report can be submitted 
     in a classified or unclassified format.

                          Federal Air Marshals

       The conference agreement provides $860,111,000 for the 
     Federal Air Marshals (FAMs), as proposed by the House and 
     Senate. Within the total appropriation provided, $762,569,000 
     is for management and administration and $97,542,000 is for 
     travel and training. TSA shall continue to provide quarterly 
     reports on the FAMs mission coverage, staffing levels, and 
     hiring rates as directed in previous appropriations Acts.
       As discussed in the House report, the conferees direct the 
     Department to reassess the long-term staffing levels for 
     FAMs. The assessment should include a determination of the 
     appropriate mix of staff required on a day-to-day basis; an 
     identification of the types and numbers of flights FAMs 
     should regularly be assigned to; whether legislative changes 
     may be necessary to better tailor how FAMs deploy on a daily 
     basis; and a detailed discussion on the methodology used to 
     justify this optimal staffing mix. This assessment is due no 
     later than February 1, 2010.

                              Coast Guard

                           Operating Expenses

       The conference agreement provides $6,805,391,000 instead of 
     $6,822,026,000 as proposed by the House and $6,838,291,000 as 
     proposed by the Senate. Within this amount, $581,503,000 is 
     available for defense-related activities, including 
     $241,503,000 for overseas contingency operations. Funding for 
     operating expenses shall be allocated as follows:

Military pay and allowances:
  Military pay and allowances............................$2,718,493,000
  Military health care......................................371,399,000
  Permanent change of station...............................164,620,000
                                                       ________________
                                                       
    Subtotal, Military pay and allowances.................3,254,512,000
Civilian pay and benefits...................................699,794,000
Training and recruiting:
  Training and education....................................103,417,000
  Recruitment...............................................102,761,000
                                                       ________________
                                                       
    Subtotal, Training and recruiting.......................206,178,000
Operating funds and unit level maintenance:
  Atlantic Command..........................................177,474,000
  Pacific Command...........................................195,943,000
  1st District...............................................60,074,000
  5th District...............................................21,941,000
  7th District...............................................78,338,000
  8th District...............................................49,276,000
  9th District...............................................31,672,000
  11th District..............................................17,641,000
  13th District..............................................23,060,000
  14th District..............................................19,289,000
  17th District..............................................29,829,000
  Headquarters directorates.................................288,630,000
  Headquarters managed units................................158,901,000
  Other activities..............................................882,000
                                                       ________________
                                                       
    Subtotal, Operating funds and unit level maintenance..1,152,950,000
Centrally managed accounts..................................334,275,000
Intermediate and depot level maintenance:
  Aeronautical..............................................365,291,000
  Electronic................................................155,101,000
  Civil/ocean engineering and shore facilities..............183,929,000
  Vessel....................................................211,858,000
                                                       ________________
                                                       
    Subtotal, intermediate and depot level maintenance......916,179,000
Overseas Contingency Operations.............................241,503,000
      Total, Operating Expenses..........................$6,805,391,000

                    Overseas Contingency Operations

       The conference agreement provides $241,503,000 for Coast 
     Guard operations in support of overseas contingency 
     operations requirements as proposed by the House and Senate. 
     Funding for these activities was requested in the Department 
     of Defense budget for the Navy. Consistent with actions taken 
     in P.L. 111-32, the conferees have instead appropriated these 
     funds directly to the Coast Guard. The conferees believe 
     providing these funds within the appropriate agency budgets 
     in annual appropriations, rather than by transfer in 
     supplementals, improves visibility and opportunities for 
     effective oversight. The Coast Guard may allocate these funds 
     across its traditional PPAs in the Operating Expenses 
     account, without regard to section 503 of this Act. The Coast 
     Guard is directed to provide a plan no later than 60 days 
     after the date of enactment of this Act on the distribution 
     of these funds by PPA, and shall provide a quarterly report 
     within 45 days of the end of each quarter on the actual and 
     planned distribution of these funds.

                          Financial Management

       The conferees direct the Coast Guard to provide a report on 
     the progress of the Financial Strategy for Transformation and

[[Page H11218]]

     Audit Readiness initiative no later than six months after the 
     date of enactment of this Act, as outlined in the House 
     report. Furthermore, the conferees direct the Coast Guard to 
     periodically update the Committees on progress made toward 
     attaining a clean audit, as proposed by the Senate.

                   Reporting Requirements Withholding

       The conferees note that despite legislative mandates the 
     Coast Guard has failed to produce an expenditure plan for the 
     Integrated Deepwater Systems program, a Capital Investment 
     Plan, or Quarterly Acquisition Reports in time to be of use 
     during the fiscal year 2010 appropriations process. In an 
     effort to encourage timely submissions to the Committees of 
     materials necessary for robust and informed oversight, the 
     conference report withholds $50,000,000 from obligation from 
     the Coast Guard's Headquarters Directorates PPA until the 
     Revised Deepwater Implementation Plan, a comprehensive five-
     year Capital Investment Plan for fiscal years 2011-2015, and 
     the Quarterly Acquisition Report for the second quarter of 
     fiscal year 2010 have been submitted to the Committees.

                           Biometrics at Sea

       The conferees direct the Coast Guard to brief the 
     Committees on its plans for the future growth of the 
     Biometrics at Sea program no later than 60 days after the 
     date of enactment of this Act, as outlined in the House 
     report.

                      Counternarcotics Enforcement

       The conferees provide $4,000,000 above the budget request 
     to enhance Coast Guard counternarcotics enforcement efforts, 
     instead of $5,735,000 as proposed by the House. No additional 
     funding for this activity was proposed by the Senate. The 
     Coast Guard is directed to report to the Committees no later 
     than 15 days after the date of enactment of this Act on how 
     these funds will be applied to specific counternarcotics 
     programs. The application of these additional funds may 
     include expansion of Airborne Use of Force and Law 
     Enforcement Detachment capabilities and should be based upon 
     the Coast Guard's most pressing resource needs related to 
     counternarcotics enforcement in the source and transit zones.

                    Critical Depot Level Maintenance

       The conference agreement provides $10,000,000 above the 
     budget request to address the Coast Guard's significant 
     backlog for critical depot level maintenance for aging 
     surface, air, and shore assets, instead of $20,000,000 as 
     proposed by the Senate and $5,000,000 as proposed by the 
     House for cutter maintenance. These additional funds will 
     address crew safety, habitability, hazardous materials 
     remediation, emergency and scheduled maintenance, and spare 
     parts availability requirements, as described in the Senate 
     report.
       Long Range Aids to Navigation--C (LORAN-C)
       The conference agreement includes $12,000,000 above the 
     request for LORAN-C, instead of $36,000,000 as proposed by 
     the House and $18,000,000 as proposed by the Senate. The 
     conference agreement includes and modifies a general 
     provision (Sec. 559), as proposed by the Senate continuing 
     LORAN-C operations through January 4, 2010. LORAN-C 
     operations shall continue beyond that date unless the 
     Commandant of the Coast Guard certifies that the termination 
     of the LORAN-C signal will not adversely impact the safety of 
     maritime navigation and the Secretary certifies that the 
     LORAN-C system infrastructure is not needed as a backup to 
     the Global Positioning System (GPS) or to meet any other 
     Federal navigation requirement. If the Commandant and 
     Secretary make such certifications, the Coast Guard shall 
     commence a phased decommissioning of the LORAN-C 
     infrastructure, and provide a detailed termination plan for 
     the system to the Committees within 30 days of certification.
       If the required certifications are met, section 559 also 
     permits the Secretary to sell LORAN-C property to offset the 
     costs of environmental compliance and restoration, including 
     costs of securing and maintaining equipment that may be used 
     as a backup to GPS.

                       Operations Systems Center

       The conference agreement includes $3,600,000 above the 
     budget request, as proposed by the Senate, for customized 
     tenant improvements in conjunction with the Operations 
     Systems Center (OSC) expansion project. The House provided no 
     additional funding for this activity. The OSC continues to 
     experience steady growth in both the number of systems being 
     developed and the number of staff required to support those 
     systems. Currently, 500 government and contractor personnel 
     work at the OSC. The existing main facility space has been at 
     capacity for four years and it will not accommodate the 
     expected growth to over 900 staff. The Coast Guard is 
     currently housing several employees in temporary trailers. 
     The Coast Guard is directed to work with GSA to produce a 
     prospectus no later than 60 days after the date of enactment 
     of this Act for this expansion and to complete a 
     competitively awarded lease.

                         Data Center Migration

       The conference agreement provides no funds for Coast Guard 
     data center migration as proposed by the House instead of 
     $20,400,000 as proposed by the Senate.

          Polar Icebreaking Operations and Maintenance Funding

       The conferees expect polar icebreaking operations and 
     maintenance budget authority and associated FTE to be 
     included in the Coast Guard's budget request for fiscal year 
     2011. The National Science Foundation and Coast Guard shall 
     update the existing Memorandum of Agreement to reflect the 
     change in budget authority as proposed by the Senate. 
     Furthermore, the conferees direct the Coast Guard to follow 
     the direction regarding the high latitude study as outlined 
     in the House report.

                      Invasive Species Protection

       The conferees are concerned about the threat that harmful 
     invasive species, such as the Asian carp, pose to the Great 
     Lakes ecosystem. The conferees are aware that the Chicago 
     Sanitary and Ship Canal second dispersal barrier recently 
     went to higher operating parameters. The Coast Guard is 
     encouraged to continue working in conjunction with the U.S. 
     Army Corps of Engineers on any safety testing of the 
     electrical parameters deemed necessary.

                             Watchstanders

       The conference agreement provides $500,000 above the budget 
     request to meet increased operational demands and to enhance 
     situational awareness and information sharing in Coast Guard 
     command centers, instead of an additional $1,000,000 as 
     proposed by the Senate. The House proposed no additional 
     funding for this activity.

                            Coast Guard Yard

       The conferees recognize the Coast Guard Yard at Curtis Bay, 
     Maryland, is a critical component of Coast Guard's core 
     logistics capability that directly supports fleet readiness. 
     The conferees further recognize the Yard has been a vital 
     part of the Coast Guard's readiness and infrastructure for 
     more than 100 years and believe that sufficient industrial 
     work should be assigned to the Yard to maintain this 
     capability.

              Security of Liquefied Natural Gas Operations

       The conferees direct the Secretary, in conjunction with the 
     Commandant, to submit a report assessing whether the Coast 
     Guard has sufficient resources to protect Liquefied Natural 
     Gas (LNG) tankers and facilities, and recommendations for 
     strengthening the Coast Guard's security role not later than 
     six months after the date of enactment of this Act, as 
     outlined in the Senate report. Furthermore, the conferees 
     direct the Coast Guard to report to the Committees on the 
     impact of a proposed LNG facility in Fall River, 
     Massachusetts on boat traffic, as outlined in the Senate 
     report, no later than six months after the date of enactment 
     of this Act.

                  National Vessel Documentation Center

       The conferees understand that user fee collections, which 
     help offset the costs of Coast Guard activities at the 
     National Vessel Documentation Center (NVDC), have decreased 
     due to the economic downturn. The Coast Guard shall avoid any 
     reduction in the NVDC's government-employed or contract staff 
     levels ordinarily funded through proprietary receipts made 
     available in this or any other Act by reassigning such staff 
     to non-fee related Coast Guard activities.


                ENVIRONMENTAL COMPLIANCE AND RESTORATION

       The conference agreement provides $13,198,000 for 
     Environmental Compliance and Restoration as proposed by the 
     House and Senate. The conferees direct the Coast Guard to 
     provide the prioritized list outlining the Environmental 
     Compliance and Restoration backlog and five-year restoration 
     plan within six months after the date of enactment of this 
     Act, as outlined in the House report.


                            RESERVE TRAINING

       The conference agreement provides $133,632,000 for Reserve 
     Training as proposed by the House and Senate.


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

       The conference agreement provides $1,537,080,000 for 
     Acquisition, Construction, and Improvements instead of 
     $1,347,480,000 as proposed by the House and $1,597,580,000 as 
     proposed by the Senate. Funding is provided as follows:

Vessels:
  Response boat medium.....................................$121,000,000
                                                       ________________
                                                       
    Subtotal, Vessels.......................................121,000,000
Other Equipment:
  National distress and response system modernization (Rescu117,000,000
  HF recapitalization.........................................2,500,000
  Interagency Operations Centers (Command 21)................10,000,000
                                                       ________________
                                                       
    Subtotal, Other Equipment...............................129,500,000
Personnel and Related Support:
  Core acquisition costs........................................500,000
  Direct personnel costs....................................104,700,000
                                                       ________________
                                                       
    Subtotal, Personnel and Related Support.................105,200,000
Integrated Deepwater Systems:
                                                              Aircraft:
    Maritime patrol aircraft................................138,500,000
    HH-60 conversion projects................................45,900,000
    HC-130H conversion/sustainment projects..................45,300,000

[[Page H11219]]

    HH-65 conversion project.................................38,000,000
    C-130J fleet introduction.................................1,300,000
                                                       ________________
                                                       
      Subtotal, Aircraft....................................269,000,000
                                                         Surface Ships:
    National Security Cutter................................389,480,000
    Offshore Patrol Cutter....................................9,800,000
    Fast Response Cutter....................................243,000,000
    IDS small boats...........................................3,000,000
    Patrol Boat sustainment..................................23,000,000
    Medium Endurance Cutter sustainment......................31,100,000
    Polar Icebreaker sustainment.............................27,300,000
    High Endurance Cutter sustainment.........................4,000,000
                                                       ________________
                                                       
      Subtotal, Surface Ships...............................730,680,000
  Technology Obsolescence Prevention..........................1,900,000
  C4ISR......................................................35,000,000
  Logistics..................................................37,700,000
  Systems engineering and integration........................35,000,000
  Government program management..............................45,000,000
                                                       ________________
                                                       
    Subtotal, Integrated Deepwater Systems...............$1,154,280,000
Shore Facilities and Aids to Navigation......................27,100,000
      Total, Acquisition, Construction, and Improvements.$1,537,080,000

                     Quarterly Acquisition Reports

       The Commandant is directed to continue to submit quarterly 
     acquisition and mission emphasis reports consistent with 
     deadlines articulated under section 360 of division I of 
     Public Law 108-7 and the fiscal year 2008 joint explanatory 
     statement. The conferees note that the Coast Guard has 
     adopted the practice of comparing cost, schedule, and 
     performance estimates against the most recently approved 
     baseline. This approach provides an incomplete assessment of 
     an acquisition's progress against the original baseline. 
     Therefore, the report shall compare current estimates against 
     the original baseline and the most recent baseline, if 
     available. This method is consistent with Department of 
     Defense acquisition reporting policy and is recommended by 
     GAO. When reporting on ``key project documents,'' it should 
     be noted if approved documentation differs from that required 
     by the Major Systems Acquisition Manual or the Department's 
     Acquisition Review guidance. The reports should also indicate 
     if a test and evaluation master plan has been approved for an 
     asset. Finally, the acquisition reports shall include a 
     stoplight chart that tracks key performance parameters of 
     each asset through developmental and operational testing. The 
     conferees note that Coast Guard consistently fails to meet 
     the quarterly submission deadlines for these reports and find 
     such poor compliance to be unacceptable.

   Comprehensive Review of the Revised Deepwater Implementation Plan

       The conferees note with emphasis the legislative 
     requirement for the Secretary to submit a comprehensive 
     review of the Revised Deepwater Implementation Plan (RDIP). 
     The long standing requirements for this review are specific: 
     a complete projection of the acquisition costs and schedule 
     for the duration of the RDIP. The conferees expect this 
     review to update the original RDIP estimated total cost of 
     $24.2 billion and projected completion by fiscal year 2027. 
     Furthermore, the review should clearly and comprehensively 
     display the types and quantities of operational assets 
     covered by the RDIP and the costs and schedule, by fiscal 
     year and by asset, for the replacement or phase-out of legacy 
     assets through refurbishment or acquisition. Since the 
     recapitalization of the Coast Guard's cutters, aircraft, and 
     C4ISR systems is a complex, multi-year, and integrated 
     program, the conferees believe it is imperative to evaluate 
     the complete acquisition program baseline, by asset, through 
     the duration of the RDIP. Given that this RDIP review has 
     been mandated in every annual appropriations Act for DHS 
     since the first RDIP was established in November 2006, the 
     conferees cannot foresee any justification for undue delay 
     from DHS and the Coast Guard in submitting a review that 
     fully complies with the specified requirements, including 
     complete baseline costs. As noted previously in this 
     statement, $50,000,000 is withheld from obligation from Coast 
     Guard Headquarters Directorates until this RDIP review is 
     submitted to the Committees, along with the Capital 
     Investment Plan for fiscal years 2011-2015 and the Quarterly 
     Acquisition Report for the second quarter of fiscal year 
     2010.

                         Response Boat--Medium

       The conference agreement provides $121,000,000 for the 
     Response Boat--Medium (RB-M) acquisition, instead of 
     $103,000,000 as proposed by the House and $123,000,000 as 
     proposed by the Senate. These funds support the purchase of 
     39 RB-Ms, nine more than requested.

                        Maritime Patrol Aircraft

       The conference agreement provides $138,500,000 for the 
     Maritime Patrol Aircraft acquisition as proposed by the House 
     instead of $175,000,000 as proposed by the Senate. Funds are 
     available for maritime patrol aircraft, mission pallets, 
     simulator, and associated project costs. The Coast Guard is 
     to brief the Committees no later than 30 days after the date 
     of enactment of this Act on the planned distribution of these 
     funds.

                        National Security Cutter

       The conference agreement provides $389,480,000 for the 
     National Security Cutter (NSC) acquisition as proposed by the 
     Senate instead of $281,480,000 as proposed by the House. 
     These funds are to complete production of NSC #4 and for long 
     lead-time materials for NSC #5. The conferees direct the 
     Coast Guard to finalize the integrated logistics plan for the 
     NSC and to brief the Committees on it within 60 days of the 
     date of enactment of this Act.

                         Offshore Patrol Cutter

       The conferees direct the Coast Guard to brief the 
     Committees by March 15, 2010, on the progress of its ongoing 
     preliminary acquisition work on the Offshore Patrol Cutter, 
     including the results of the requirements and alternatives 
     analyses.

                          Fast Response Cutter

       The conferees expect the Coast Guard to continue quarterly 
     briefings on the status of the Fast Response Cutter 
     procurement as outlined in the Senate report, including 
     information on the effectiveness of its efforts to control 
     cost growth in the program.

                      Polar Icebreaker Sustainment

       The conference agreement provides an additional $32,500,000 
     to complete the reactivation and service life extension of 
     the Coast Guard Cutter POLAR STAR as proposed by the Senate. 
     No additional funding for this activity was proposed by the 
     House. Of this amount, $5,200,000 is provided in the 
     Acquisition, Construction, and Improvements direct personnel 
     costs PPA. Funds shall be applied as specified in the Senate 
     report. The conferees believe returning POLAR STAR to 
     operational status is vital to national interests in the 
     polar regions. According to the Coast Guard the only existing 
     operational heavy icebreaker, the POLAR SEA, has only five 
     years of service life remaining. The absence of requested 
     funding to complete fiscal year 2009 efforts to reactivate 
     POLAR STAR, combined with the lack of compliance with 
     standing Congressional direction on the polar icebreaking 
     budget, implies a broader lack of commitment to sustaining 
     polar capabilities and achieving long-term, strategic 
     objectives in the Arctic. The conferees direct the Coast 
     Guard to brief the Committees no later than December 15, 
     2009, on the program execution plan for reactivation of POLAR 
     STAR and the status of resources required to achieve mission 
     requirements for polar operations.

                   High Endurance Cutter Sustainment

       The conference agreement provides $4,000,000 above the 
     request for pre-acquisition survey and design to determine 
     the requirements for a maintenance effectiveness project for 
     the High Endurance Cutter, instead of the $8,000,000 as 
     proposed by the Senate. No additional funding for this 
     activity was proposed by the House. The conferees direct the 
     Coast Guard to brief the Committees no later than 60 days 
     after the date of enactment of this Act on preliminary plans 
     for this effort, as proposed by the Senate.

              Interagency Operations Centers (Command 21)

       The conference agreement provides $10,000,000 for 
     Interagency Operations Centers instead of $28,000,000 as 
     proposed by the Senate. No additional funding for this 
     activity was proposed by the House. Within 90 days after the 
     date of enactment of this Act, the Coast Guard shall submit 
     an expenditure plan for these funds as outlined in the Senate 
     report.

                Shore Facilities and Aids to Navigation

       The conference agreement provides $27,100,000 for shore 
     facilities and aids to navigation as proposed by the Senate 
     instead of $10,000,000 as proposed by the House. The 
     conferees direct the Coast Guard to provide the Committees 
     with a prioritized list of projects in the current 
     construction backlog by January 15, 2010, and the Coast 
     Guard's plan to address them.
       The conferees continue to be concerned with the condition 
     of the Coast Guard Academy pier. The conference agreement 
     includes $300,000 for survey and design costs for this 
     project as proposed by the Senate.
       The conference agreement also includes $16,800,000, as 
     proposed by the Senate, to complete the project proposal to 
     renovate, improve, or construct a new Station and Marine 
     Safety Unit Cleveland Harbor, Ohio, and to begin work on this 
     project. The Coast Guard should take a phased approach to 
     this project to fully utilize the funds available.
       In addition, the conference agreement includes a general 
     provision, as proposed by the House, authorizing the Coast 
     Guard to use previously appropriated funds for the 
     consolidation of Sector Buffalo to enhance public access to 
     the Buffalo Lighthouse. The Coast Guard is directed to brief 
     the Committees within 90 days after the date of enactment of 
     this Act on how this aspect of the project will be completed 
     by the end of fiscal year 2011.

                           Hiring Authorities

       The conferees encourage the Coast Guard to work with the 
     appropriate authorizing committees of Congress to ensure that 
     its hiring authorities are on par with those of the other 
     armed services, as recommended by the Senate. Furthermore, 
     the conferees direct the Coast Guard to brief the Committees 
     no later than 60 days after the date of

[[Page H11220]]

     enactment of this Act on efforts to reduce reliance on 
     contractors performing inherently governmental work, as 
     proposed by the Senate.

                        Great Lakes Icebreaking

       The conferees direct the Coast Guard to conduct an 
     alternatives analysis for Great Lakes icebreaking and submit 
     it to the Committees no later than four months after the date 
     of enactment of this Act, as outlined in the Senate report.

                Government Accountability Office Reviews

       The conferees direct the GAO to continue its oversight of 
     the Deepwater Program. In addition to the programs 
     highlighted in the Senate report, GAO should focus on 
     programs nearing critical decision points, such as the Fast 
     Response Cutter, Maritime Patrol Aircraft, and C4ISR, as well 
     as continuing its ongoing work reviewing the acquisition of 
     the NSC and changes made to acquisition processes and 
     policies at both the component and Departmental level that 
     will affect how the Coast Guard functions as systems 
     integrator. The conferees expect GAO to review Coast Guard 
     expenditure plans once they are transmitted to the 
     Committees.

                         Alteration of Bridges

       The conference agreement provides $4,000,000 for Alteration 
     of Bridges, as proposed by the Senate instead of $10,000,000 
     as proposed by the House. Funding is provided for alteration 
     of the Fort Madison Bridge in Fort Madison, Iowa.

              Research, Development, Test, and Evaluation

       The conference agreement provides $24,745,000 for Research, 
     Development, Test, and Evaluation instead of $19,745,000 as 
     proposed by the House and $29,745,000 as proposed by the 
     Senate. Within this total is $5,000,000 above the request for 
     unmanned aircraft system (UAS) priority research, instead 
     of $10,000,000 as proposed by the Senate. No additional 
     funding for this activity was proposed by the House. The 
     conferees direct the Coast Guard to provide periodic 
     updates on the research schedule, findings, and 
     implications for potential acquisition and deployment of 
     UAS resources, as noted in both the House and Senate 
     reports.
       The conferees direct the Coast Guard to report to the 
     Committees on how the research projects outlined in the 
     request will be supported, including development of 
     freshwater ballast treatment technologies, within 90 days 
     after the date of enactment of this Act, as outlined in the 
     House report.


                              RETIRED PAY

       The conference agreement provides $1,361,245,000 for 
     retired pay as proposed by the House and the Senate.

                      United States Secret Service

                         Salaries and Expenses

       The bill provides $1,478,669,000 for Secret Service 
     Salaries and Expenses instead of $1,457,409,000 as proposed 
     by the House and $1,482,709,000 as proposed by the Senate. 
     The funds should be allocated as follows:

Protection:
  Protection of Persons and Facilities.....................$755,521,000
  Protective Intelligence Activities.........................67,824,000
  National Special Security Event Fund........................1,000,000
  White House mail screening.................................22,415,000
                                                       ________________
                                                       
    Subtotal, Protection....................................846,760,000
Investigations:
  Domestic Field Operations.................................260,892,000
  International Field Office Administration, Operations, and 30,705,000
  Electronic Crimes Special Agent Program and Electronic Crimes Task 
    Forces...................................................56,541,000
  Support for missing and exploited children..................8,366,000
                                                       ________________
                                                       
      Subtotal, Investigations..............................356,504,000
Headquarters, Management and Administration.................221,045,000
Training:
  Rowley Training Center.....................................54,360,000
                                                       ________________
                                                       
      Total, U.S. Secret Service, Salaries and Expenses..$1,478,669,000

                  Secret Service Financial Management

       On June 30, 2009, the Department of Homeland Security 
     notified Congress that the Secret Service expended $5,100,000 
     more than had been appropriated for Presidential campaign 
     protection in fiscal year 2009. In order to rectify this 
     shortfall, the Committees directed the Secret Service to 
     reallocate appropriations originally provided in the Omnibus 
     Appropriations Act, 2009, to expand the agency's protective 
     mission. This reallocation was supported by information 
     provided to the Committees showing that the Secret Service 
     planned to hire fewer Special Agents in fiscal year 2009 than 
     had originally been planned.
       The conferees are extremely concerned that it took the 
     Department and the Secret Service more than seven months to 
     notify the Congress of the campaign protection cost overruns. 
     At a minimum, this ex post facto reporting violated section 
     503 of the Department of Homeland Security Appropriations 
     Act, 2009, which requires the Department to notify the 
     Congress in advance of any proposals to reprogram or transfer 
     appropriated funds. The conferees are concerned that such 
     action may have violated the Anti-Deficiency Act, which 
     prohibits any executive branch employee from obligating or 
     expending funds in excess of levels appropriated by Congress. 
     As a result of these concerns, the conferees direct the 
     Comptroller General to investigate this situation, report to 
     the Committees on whether the Department's action violated 
     these laws, and identify all actions taken or recommended to 
     be taken to address and correct any violation.
       In addition, the conferees note this is not the first 
     incidence of budgetary execution problems at the Secret 
     Service. A similar disregard of budgetary limitations 
     occurred at the end of the 2004 Presidential campaign and 
     again after the 2005 United Nations General Assembly meeting. 
     Concerns regarding the Secret Service's ability to provide 
     timely information on budget execution to the Committees were 
     explicitly discussed in House Report 109-476, including 
     direction on corrective actions. Furthermore, the Secret 
     Service has already indicated that its protective 
     responsibilities in fiscal year 2010 will include more 
     protectees than budgeted, raising the possibility that fiscal 
     year 2010 resources for the Secret Service protective mission 
     may prove inadequate. Therefore, the conferees direct the 
     Department of Homeland Security Chief Financial Officer and 
     the United States Secret Service Assistant Director for 
     Administration to brief the Committees not later than 30 days 
     after the date of enactment of this Act on the process that 
     will be implemented in fiscal year 2010 to ensure such 
     problems do not reoccur. The President should seek additional 
     funds if a shortfall is identified, or the Department should 
     seek a transfer or reprogramming of funds in accordance with 
     section 503 of this Act.

          Secret Service Information Technology Modernization

       The conference agreement provides $33,960,000 for Secret 
     Service information technology modernization as proposed by 
     the Senate instead of $12,700,000 as proposed by the House. 
     The conferees include statutory language prohibiting the 
     obligation of these funds for any information technology 
     equipment purchases until the DHS Chief Information Officer 
     (CIO) certifies to the Committees that Secret Service 
     information technology modernization is consistent with DHS 
     guidance for data center consolidation and enterprise 
     architecture requirements.
       The Secret Service is to work with the DHS CIO to develop a 
     transition plan to integrate the agency's data center 
     consolidation efforts, as proposed by the House; and the 
     Secret Service and DHS CIO are to provide semi-annual 
     briefings to the Committees on progress in upgrading IT 
     systems and programs, as proposed by the Senate.

                    Uniformed Division Modernization

       The conference agreement does not provide the requested 
     $4,040,000 for implementation of the proposed Uniformed 
     Division Modernization Act (UDMA) as proposed by the House 
     instead of the $4,040,000 proposed by the Senate. While the 
     relevant authorizing committees of jurisdiction have begun 
     the legislative process to enact such reforms and the 
     conferees are supportive of these reforms, it is not clear 
     when this work will be complete. If the proposed UDMA is 
     enacted into law in fiscal year 2010, the Committees are 
     willing to work with the Administration to implement such 
     reforms expeditiously.

                New Secret Service Offices and Locations

       The conference agreement includes funding for operations of 
     the Tallinn, Estonia, international field office, as 
     requested in the budget. At the end of fiscal year 2009, the 
     Secret Service determined that the best location from which 
     to combat emerging electronic crime threats in the Baltic 
     States is Tallinn, and informed the Committees of this 
     decision when it proposed using a portion of that year's 
     international operations appropriation to open the office. 
     The Committees subsequently approved this expansion.
       Given concerns that the Secret Service has opened other new 
     permanent offices without notifying the Congress, the 
     conference report includes a statutory requirement that the 
     Secret Service notify the Committees in advance of obligating 
     any funds to open a new permanent domestic or overseas Secret 
     Service office or location.


     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       The conference agreement provides $3,975,000 for 
     Acquisition, Construction, Improvements, and Related Expenses 
     as proposed by both the House and the Senate.

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

              National Protection and Programs Directorate

                     Management and Administration

       The conference agreement provides $44,577,000 for 
     Management and Administration of the National Protection and 
     Programs Directorate (NPPD), as proposed by both the House 
     and the Senate. As discussed in the Senate report, the Under 
     Secretary is directed to provide quarterly briefings to the 
     Committees on the specific use of resources. In addition, the 
     conferees direct NPPD to submit to the Committees, within 60 
     days after the date of enactment of this Act, an

[[Page H11221]]

     expenditure plan for the Office of Risk Management and 
     Analysis.


           INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

       The conference agreement provides $899,416,000 for 
     Infrastructure Protection and Information Security (IPIS) 
     instead of $883,346,000 as proposed by the House and 
     $901,416,000 as proposed by the Senate. Funding levels by 
     activity are as follows:

Infrastructure Protection:
  Identification and Analysis...............................$90,610,000
  Coordination and Information Sharing.......................59,582,000
  Mitigation Programs.......................................197,111,000
                                                       ________________
                                                       
Subtotal, Infrastructure Protection.........................347,303,000
National Cyber Security Division:
  U.S. Computer Emergency Response Team (US-CERT)...........323,629,000
  Strategic Initiatives......................................64,179,000
  Outreach and Programs.......................................9,346,000
Subtotal, National Cyber Security Division..................397,154,000
Office of Emergency Communications...........................45,060,000
National Security/Emergency Preparedness (NS/EP) Telecommunications:
  Priority Telecommunications Services.......................56,773,000
  Next Generation Networks...................................25,000,000
  Programs to Study and Enhance Telecommunications...........16,774,000
  Critical Infrastructure Protection Programs................11,352,000
Subtotal, NS/EP Telecommunications..........................109,899,000
Total, Infrastructure Protection and Information Security..$899,416,000

                            Budget Structure

       As discussed in the House report and regardless of any 
     alternative budget structures that may be proposed, the NPPD 
     Chief Financial Officer is directed to submit the fiscal year 
     2011 budget in a PPA structure identical, by account, to that 
     enacted in this Act and as presented in this statement. 
     Furthermore, any report, briefing, or explanatory materials 
     submitted to the Committees in fiscal year 2010 should 
     present funding in this same structure.

         Infrastructure Protection--Identification and Analysis

       The conference agreement provides $90,610,000 for 
     Identification and Analysis as proposed by the Senate instead 
     of $86,610,000 as proposed by the House. This amount includes 
     $26,521,000 for Vulnerability Assessments and $20,000,000 for 
     the National Infrastructure Simulation and Analysis Center 
     (NISAC). As discussed in the Senate report, the conferees 
     encourage NISAC to continue to work with the National 
     Incident Management Systems and Advanced Technologies 
     Institute at the University of Louisiana at Lafayette.

    Infrastructure Protection--Coordination and Information Sharing

       The conference agreement provides $59,582,000 for 
     Coordination and Information Sharing as proposed by the 
     Senate instead of $62,912,000 as proposed by the House. This 
     amount includes a $9,000,000 increase from the budget request 
     level for National Infrastructure Protection Plan 
     implementation and Critical Infrastructure/Key Resources 
     partnership management. Within 15 days after the date of 
     enactment of this Act, the NPPD Chief Financial Officer shall 
     provide the Committees an explanation of how this additional 
     funding will be divided between these two activities.

             Infrastructure Protection--Mitigation Programs

       The conference agreement provides $197,111,000 for 
     Mitigation Programs instead of $196,961,000 as proposed by 
     the House and $196,111,000 as proposed by the Senate. This 
     amount includes $14,768,000 for the Office of Bombing 
     Prevention as proposed by the Senate instead of $14,618,000 
     as proposed by the House. As discussed in the House report, 
     $1,000,000 is for infrastructure and crime monitoring cameras 
     in the City of Philadelphia, Pennsylvania. As discussed in 
     the Senate report, the conferees encourage the Office of 
     Infrastructure Protection to work with the University 
     of Southern Mississippi to address the range of potential 
     and actual threats and risks to the on-going safety and 
     security at venues with large crowds.

National Cyber Security Division--U.S. Computer Emergency Response Team 
                               (US-CERT)

       The conference agreement provides $323,629,000 for the 
     National Cyber Security Division (NCSD) US-CERT program 
     instead of $310,629,000 as proposed by the House and 
     $331,629,000 as proposed by the Senate. Within the total 
     provided, the conferees provide $5,000,000 for the Cyber 
     Security Coordination program. In addition, the conferees 
     direct the Department to utilize any unobligated balances 
     from the now-discontinued National Cyber Security Center for 
     this coordinating function. As discussed in the Senate 
     report, the conference agreement provides $8,000,000 for data 
     center migration activities.

        National Cyber Security Division--Strategic Initiatives

       The conference agreement provides $64,179,000 for NCSD 
     Strategic Initiatives as proposed by the House instead of 
     $57,679,000 as proposed by the Senate. As discussed in the 
     House report, the total amount includes: $3,500,000 for a 
     Cyber Security Test Bed and Evaluation Center in Research 
     Triangle Park, North Carolina; $3,500,000 for cyber security 
     training at the University of Texas at San Antonio; 
     $3,000,000 for the Multi-State Information Sharing and 
     Analysis Center (MS-ISAC) at the New York Office of State 
     Cyber Security and Critical Infrastructure Coordination; 
     $3,000,000 for the Power and Cyber Systems Protection, 
     Analysis, and Testing Program at the Idaho National 
     Laboratory, Idaho; $500,000 for Virginia's Operational 
     Integration Cyber Center of Excellence (VOICCE) in Hampton, 
     Virginia; and $100,000 for the Upstate New York Cyber 
     Initiative at Clarkson University.

        National Cyber Security Division--Outreach and Programs

       The conference agreement provides $9,346,000 for NCSD 
     Outreach and Programs as proposed by the Senate instead of 
     $7,096,000 as proposed by the House. Within this amount, the 
     conference agreement provides $2,250,000 for the Cyber 
     Security Information Sharing and Collaboration program as 
     requested in the budget.

                    Nationwide Cyber Security Review

       The conferees note the importance of a comprehensive effort 
     to assess the security level of cyberspace at all levels of 
     government. To accomplish this, cyber network security 
     assessment tools must first be in place; however, the 
     conferees understand that no such tools currently exist. 
     Given this, the conferees do not require the Secretary to 
     provide a report by June 1, 2010, on the status of cyber 
     security measures in States and large urban areas, as 
     proposed in the Senate report. Instead, NPPD, in cooperation 
     with FEMA and relevant stakeholders, shall develop the 
     necessary tools for all levels of government to complete a 
     cyber network security assessment so that a full measure of 
     gaps and capabilities can be completed in the near future. 
     NPPD, in conjunction with FEMA, shall brief the Committees 
     within 60 days after the date of enactment of this Act on the 
     specific timeframes and deliverables necessary to complete 
     the development and execution of such tools in order to 
     complete such an assessment by June 2011.

                   Office of Emergency Communications

       The conference agreement provides $45,060,000 for the 
     Office of Emergency Communications (OEC) as proposed by the 
     House and instead of $44,060,000 as proposed by the Senate. 
     As discussed in the House report, $1,000,000 of this amount 
     is for SEARCH of Sacramento, California, to provide 
     interoperable communications, training, certification, 
     technical assistance, and outreach programs to State, 
     regional, and local first responder communications 
     coordinators. As discussed in the Senate report, the 
     conferees are concerned that OEC has been slow to establish 
     Emergency Preparedness Communications Centers (ECPC) and 
     direct GAO to evaluate progress made to initiate this program 
     and any obstacles to Federal coordination through ECPC.

   National Security/Emergency Preparedness Telecommunications--Next 
                          Generation Networks

       The conference agreement provides $25,000,000 for the Next 
     Generation Networks (NGN) program as proposed by both the 
     House and the Senate. Given that it took NPPD more than eight 
     months to submit a fiscal year 2009 NGN expenditure plan that 
     did not fulfill all of the requirements specified by 
     Congress, the conferees direct NPPD to submit a fiscal year 
     2010 expenditure plan for this program within 60 days after 
     the date of enactment of this Act and withhold half of the 
     appropriation until the Committees approve the plan.

 National Security/Emergency Preparedness Telecommunications--Programs 
                to Study and Enhance Telecommunications

       The conference agreement provides $16,774,000 for Programs 
     to Enhance and Study Telecommunications (PSET) as proposed by 
     both the House and Senate. The conference agreement does not 
     provide the budget request for the proposed Continuity 
     Communications Architecture program but does not preclude the 
     use of other PSET funds for this purpose, pursuant to section 
     503 of this Act.

 National Security/Emergency Preparedness Telecommunications--Critical 
                   Infrastructure Protection Programs

       The conference agreement provides $11,352,000 for Critical 
     Infrastructure Protection Programs as proposed by the House 
     instead of $13,852,000 as proposed by the Senate. No funding 
     is included for the Regional Communications Coordinators 
     program.

 National Security/Emergency Preparedness Telecommunications--National 
                  Command and Coordination Capability

       As discussed in the House report, the conferees provide no 
     funding for the National Command and Coordination Capability 
     (NCCC) since the budget proposed discontinuation of this 
     program. In addition, the conference agreement includes a 
     general provision rescinding $8,000,000 in unobligated 
     balances from NPPD. This rescission should

[[Page H11222]]

     include unobligated prior-year appropriations made for 
     NCCC. The conferees direct the NPPD Chief Financial 
     Officer to report on the distribution of this rescission 
     by program, project, and activity to the Committees within 
     15 days after the date of enactment of this Act.


                       FEDERAL PROTECTIVE SERVICE

                        Management Restructuring

       The conference agreement supports the realignment of 
     Federal Protective Service (FPS) operations from ICE to NPPD 
     as proposed by the Senate instead of retaining FPS in ICE as 
     proposed by the House. The conferees expect the Secretary and 
     the Deputy Secretary to take responsibility for overseeing an 
     effective transition. DHS managers overseeing this transition 
     are instructed to brief the Committees on progress 
     transferring FPS to NPPD at least semi-annually, starting no 
     later than January 15, 2010, as discussed in the Senate 
     report. The content of this briefing should include at a 
     minimum as much detail as the transition plan discussed in 
     the House report, which was submitted to the Committees on 
     August 21, 2009.

                             FPS Resources

       Given that the Committees have, for the past two years, 
     expressed concern about the adequacy of the FPS police force 
     to protect Federal workers and buildings nation-wide, the 
     conferees are troubled that information explaining the 
     transition of FPS to NPPD estimates an increase in overhead 
     charges that FPS will pay to NPPD but does not identify the 
     source from which these funds will be found. Since FPS is 
     funded through the collection of security fees from other 
     agencies, the conference agreement continues a provision 
     included in the last two Department of Homeland Security 
     Appropriations Acts that requires the Administration to 
     certify that FPS will collect adequate fees to employ not 
     less than 1,200 FPS employees including at least 900 in-
     service field staff. The conferees direct that any additional 
     costs for administrative overhead charged to FPS not reduce 
     the staffing levels at the agency below the number of 
     employees as of September 30, 2009. The conferees expect that 
     the total amount required for administrative costs will be 
     identified in the 2011 budget.

    United States Visitor and Immigrant Status Indicator Technology

       The conference agreement provides $373,762,000 for United 
     States Visitor and Immigrant Status Indicator Technology (US-
     VISIT) instead of $351,800,000 as proposed by the House and 
     $378,194,000 as proposed by the Senate. Of this amount, 
     $75,000,000 may not be obligated until the Committees 
     receive, not later than 90 days after the date of enactment 
     of this Act, an expenditure plan that meets the statutory 
     conditions specified under the US-VISIT heading in Public Law 
     110-329.
       Within the total amount provided is $118,692,000 for 
     Program Management Services; $31,000,000 for Identity 
     Management and Screening Services; $28,700,000 for Unique 
     Identity; and $22,000,000 for development and implementation 
     of a biometric air exit solution. It also includes, as 
     requested in the budget, $128,126,000 for Operations and 
     Maintenance, and $45,244,000 for data center migration.
       The conference report provides that $28,000,000 in prior 
     year balances shall remain available until expended solely 
     for implementation of a biometric air exit capability.

                             Biometric Exit

       The conferees support the implementation of a biometric 
     exit solution as soon as possible. The conferees have 
     provided a total of $50,000,000 for implementation of a 
     biometric air exit capability, and expect to see regular and 
     material progress made towards a solution for exit at all 
     ports of entry. The conferees expect DHS, through US-VISIT 
     and its other component agencies, to leverage current 
     infrastructure improvement initiatives such as WHTI and 
     Southwest border outbound inspection to facilitate biometric 
     exit solutions. The conferees direct DHS to submit its land 
     exit planning document to the Committees as soon as it is 
     completed and to continue to provide quarterly briefings on 
     biometric exit implementation to the Committees, beginning 
     November 1, 2009. The briefings should cover the status of 
     air exit implementation, prospects for other exit solutions, 
     and the status of discussions with Canada and Mexico on 
     sharing immigration information to improve the ability to 
     track departures. The monthly reports on implementation of 
     biometric entrance and exit are no longer required.

                    Staffing and Contractor Support

       The conferees direct US-VISIT to provide quarterly 
     briefings to the Committees on its hiring and position 
     conversion efforts, as called for in the House report. These 
     briefings should be provided at the same time as the 
     biometric exit briefings.

                        Office of Health Affairs

       The conference agreement provides $139,250,000 for the 
     Office of Health Affairs (OHA) instead of $128,400,000 as 
     proposed by the House and $135,000,000 as proposed by the 
     Senate. Within the amount provided is $5,000,000 as proposed 
     by the House, for the North Carolina Collaboratory for Bio-
     Preparedness for a demonstration project for the development 
     of a statewide system to analyze public health trends and 
     detect incidents.
       Also included is $89,513,000 for BioWatch as proposed by 
     the Senate instead of $79,413,000 as proposed by the House. 
     The funding shall be used to maintain the remaining first and 
     second generation baseline biosurveillance capability and to 
     complete the Generation 3 prototype unit field testing, 
     perform data analysis, and verify the performance of the 
     technology. The conferees remain committed to supporting DHS 
     in its task of establishing a viable detection system but 
     remain concerned that the plans for this security imperative 
     are adrift. Therefore, OHA is directed to provide an 
     expenditure plan with specific milestones for implementation, 
     broken out by technology generation, to the Committees within 
     60 days of the date of enactment of this Act. The conferees 
     further direct OHA to report quarterly on the deployment of 
     any BioWatch device to new locations.
       The conferees are especially troubled by the continual 
     delays in OHA's testing and evaluation of biosurveillance 
     technology. The conferees are aware that OHA issued a request 
     for proposal permitting a wide range of applicants to submit 
     technologies for Generation 3. OHA is in the process of 
     testing technologies to determine which ones best meet the 
     nation's biodetection needs. The conferees expect the 
     Science and Technology Directorate to be intricately 
     involved in the test and evaluation of the BioWatch 
     Generation 3 systems. Additionally, the conferees note 
     that the National Assessment Group will provide an 
     independent review of the test and evaluation process. Due 
     to deficiencies that have arisen with the previous 
     BioWatch generation technologies, there is an urgent need 
     to complete research and development of Generation 3 
     systems over the next year, providing for operational 
     deployment starting in fiscal year 2011.
       A total of $3,726,000 has been provided for Planning and 
     Coordination instead of $2,976,000 as proposed by the House 
     and $4,476,000 as proposed by the Senate. The funding above 
     the budget request is provided for OHA's Office of Medical 
     Readiness in support of its role in planning for pandemic flu 
     and activities related to the Food, Agricultural and 
     Veterinary Defense Division.
       The conferees note the important role of DHS in Project 
     BioShield under Section 319F-2 of the Public Health Service 
     Act shall not be modified, as outlined in the Senate report.
       The conferees are concerned that systems purchased by State 
     and local governments to detect chemical and biological 
     substances that are not validated will be unable to 
     accurately detect harmful pathogens. OHA is directed to work 
     with the Federal Emergency Management Agency to ensure that 
     grant requests are only approved for such systems that are 
     proven to be adequate to detect harmful pathogens and provide 
     accurate information for the health and safety of first 
     responders and citizens.

                  Federal Emergency Management Agency

                     Management and Administration

       The conference agreement provides a total of $903,250,000 
     for Federal Emergency Management Agency (FEMA) Management and 
     Administration. Within this total is a direct appropriation 
     of $797,650,000 for FEMA Management and Administration 
     instead of $844,500,000 as proposed by the House and 
     $859,700,000 as proposed by the Senate. An additional 
     $105,600,000 shall be transferred from the Disaster Relief 
     fund for management and administrative functions instead of 
     $90,080,000 as proposed by the House and $50,000,000 as 
     proposed by the Senate. Together with amounts made available 
     for management and administration from grant accounts and the 
     transfer from the Disaster Relief fund, management and 
     administration activities are funded at $9,379,000 above 
     fiscal year 2009.
       Of the amount provided, the conference agreement includes: 
     $9,000,000 for the Emergency Management Institute; $5,900,000 
     for data center migration; $150,000 for FEMA international 
     best practices; up to $10,000,000 for underground storage 
     tank remediation; $2,945,000 for the Office of Environmental 
     Planning and Historic Preservation; $65,201,000 for 
     Information Technology Services; $2,500,000 for Ready.gov; 
     $2,156,000 for the National Hurricane Program; $10,281,000 
     for the National Dam Safety Program; and $8,977,000 for the 
     National Earthquake Hazards Reduction Program.

     Mount Weather Emergency Operations Center Capital Improvements

       The conference agreement provides $36,300,000, to remain 
     available until September 30, 2011, for capital improvements 
     at the Mount Weather Emergency Operations Center (MWEOC), as 
     proposed by the House instead of $49,913,000 as proposed by 
     the Senate. The explanatory statement accompanying the 
     Department of Homeland Security Appropriations Act, 2009, 
     required FEMA to submit a MWEOC capital improvement plan to 
     allow the Committees to better determine the needed 
     investments for this strategic facility. However, nearly a 
     year later, the Committees still have not received the plan. 
     The conferees understand that there are sizable unobligated 
     balances for capital improvements from prior year 
     appropriations that will ensure critical work can take place. 
     The conferees, however, are concerned with the lack of 
     visibility into the planning, finances, and future costs 
     associated with the improvements at this important facility. 
     Therefore, the conferees direct FEMA to provide a report, not 
     later than 180 days after the date of enactment of this Act,

[[Page H11223]]

     with detailed information on all MWEOC capital improvement 
     funding. The report shall include a historical accounting of 
     funding for MWEOC beginning with fiscal year 1997, including 
     funding made available and obligations made in each fiscal 
     year. Further, included in the report shall be a review by 
     the DHS Office of General Counsel of all authorities used to 
     execute that funding, including the authority to administer 
     the MWEOC Working Capital Fund. The report should clearly 
     list any amounts transferred to the fund from DHS entities as 
     well as other federal sources in each fiscal year. The 
     conferees further direct the Administration to provide the 
     capital improvement plan required in fiscal year 2009 without 
     delay.

                           Budget Submissions

       The conference agreement continues a provision directing 
     FEMA to submit its fiscal year 2011 budget request by office 
     as directed by the House and Senate. FEMA is directed to 
     notify the Committees within 15 days if any office receives 
     or transfers out more than 5 percent of the total amount 
     allocated to each office.

                  National Incident Management System

       The conference agreement includes an additional $8,000,000 
     above the budget request instead of $9,000,000 as proposed by 
     the House to support and enhance ongoing incident management 
     efforts as specified in the House report. The Senate did not 
     provide additional funding for these activities. The 
     conferees direct FEMA to ensure that all communities are 
     educated and trained on the National Incident Management 
     System.

                             FEMA Workforce

       The conferees note the severe budget problems FEMA has 
     sustained related to a structural pay shortfall. The 
     conferees have directed the IG to investigate FEMA's hiring 
     practices and to determine if the $35,000,000 requested in 
     the budget is sufficient to rectify this known shortfall. 
     FEMA is directed to provide a briefing on the specific 
     processes in place to prevent discrepancies in on-board staff 
     and the funds needed to sustain them in the future.
       The conference agreement provides $2,000,000 for FEMA to 
     partner with the DHS Homeland Security Studies and Analysis 
     Institute to conduct a study of FEMA's human capital 
     resources instead of $2,250,000 as proposed by the Senate. 
     The House did not include funding for this activity. The 
     study shall include recommendations as required in the Senate 
     report.

                      International Affairs Office

       The conference agreement provides an additional $150,000 to 
     support staff travel to foreign countries after disasters to 
     offer and receive best practices and solutions instead of 
     $300,000 as proposed by the House. The Senate did not propose 
     additional funding for this program. The conferees direct 
     FEMA to submit an expenditure plan for these funds by April 
     1, 2010, describing funds spent by that date, as well as how 
     the remainder of funds will be spent during the fiscal year. 
     The report should clearly describe how FEMA will apply and 
     share the specific best practices garnered by the time of 
     the report and what specifically will be sought on future 
     trips.

              Local, State, Tribal, and Federal Task Force

       The conferees recognize that since September 11, 2001, 
     there has been a rush to increase, restructure, and reinvest 
     in preparedness, response, recovery, and mitigation policies 
     and capabilities. This effort was reemphasized after 
     Hurricane Katrina. Major preparedness and response policies 
     have been developed or reshaped including: the National 
     Preparedness Guidance; National Incident Management System; 
     the National Response Framework; Comprehensive Planning 
     Guidance; Disaster Housing Strategy; and Hazard Mitigation 
     Assistance. Countless guidance documents have been issued to 
     address specific issues or disasters. Additionally, over 
     $27,000,000,000 has been invested by the federal government 
     in grants, and an untold amount at the local and State level. 
     These investments have provided equipment to make our public 
     infrastructure safer, our first responders better protected 
     and prepared to respond to all hazards, and to ensure a more 
     coordinated effort among the levels of government. Efforts to 
     fully assess these investments and improved capabilities have 
     not yet come to fruition although disparate attempts to find 
     a more comprehensive measure through programs such as Cost-
     to-Capability, the Target Capabilities List, and the 
     Comprehensive Assessment System are ongoing.
       The conferees note that tremendous time and fiscal 
     investments into preparedness have been made to date and 
     believe it is time to take stock of such efforts to find ways 
     to ensure the most efficient investments are made in the 
     future. The reality of a constricted economy and competing 
     interests make it imperative that current efforts related to 
     homeland security and all-hazards response and recovery be 
     streamlined. Therefore, the National Preparedness Directorate 
     (NPD), in cooperation with the Office of Intergovernmental 
     Affairs, shall lead the administrative effort of a Local, 
     State, Tribal, and Federal preparedness task force. The task 
     force is charged with making recommendations for all levels 
     of government regarding: disaster and emergency guidance and 
     policy; federal grants; and federal requirements, including 
     measuring efforts. The task force shall especially evaluate: 
     which policies and guidance need updating, and the most 
     appropriate process by which to update them; which grant 
     programs work the most efficiently and where programs can be 
     improved; and the most appropriate way to collectively assess 
     our capabilities and our capability gaps. Representation on 
     the task force shall include: decision makers and 
     practitioners from all disciplines including, but not limited 
     to, firefighters, law enforcement, emergency management, 
     health care, public works, development organizations, 
     mitigation, and information technology; elected officials; 
     and the private sector. NPD is directed to brief the 
     Committees within 45 days after the date of enactment of this 
     Act on its approach to establishing this task force and 
     milestones for accomplishment.

                      FEMA Guidelines and Policies

       The conferees remain concerned that, in the past, grant 
     guidance and policies have been used to alter major programs 
     that impact State and local partners with little or no 
     visibility to the incorporation of stakeholder input, if even 
     solicited. As an interim step, while the Local, State, 
     Tribal, and Federal Task Force is conducting its reviews, the 
     conferees direct the Administrator of FEMA to report to the 
     Committees no later than 60 days after the date of enactment 
     of this Act on how the agency currently reviews policies and 
     guidance and the process used to modify policies and 
     guidance. The report should also include information on how 
     the agency intends to amend its process for modifying grant 
     guidance and policies to better obtain and incorporate public 
     and stakeholder input. The report should include a detailed 
     description of the impact of other participants in the policy 
     process, such as DHS leadership, the Office of Management and 
     Budget, and other White House offices. This report should 
     build on the Stakeholder Engagement Plan provided in response 
     to the requirement in the statement accompanying the 
     Consolidated Security, Disaster Assistance, and Continuing 
     Appropriations Act of 2009 (P.L. 110-329), which provided an 
     explanation of the adjudication process on public comments 
     for grant programs. Furthermore, the conferees direct FEMA to 
     present policy changes and new policies to the National 
     Advisory Council (NAC) on a quarterly basis. The conferees do 
     not require FEMA to post policy changes online five days 
     prior to implementation, as described in the House report. 
     Instead, all current FEMA policies and guidance should be 
     clearly placed on the website in an accessible and user-
     friendly way with updates posted in a timely manner.

                     Nationwide Plan Review Update

       The conferees direct FEMA to provide an update on the 
     status of catastrophic planning, including mass evacuation 
     planning, in all 50 States and the 75 largest urban areas, by 
     April 16, 2010, as discussed in the Senate report.

                          Nuclear Preparedness

       The conferees note that a Nuclear Incident Communication 
     Planning report and Planning Guidance for Response to a 
     Nuclear Detonation have been issued, in accordance with 
     direction provided in House Report 110-107. The report and 
     guidance provide critical information that should be made 
     available to the public on how to respond to a nuclear event. 
     FEMA shall brief the Committees not later than 30 days after 
     the date of enactment of this Act on how the information in 
     the report and guidance will be incorporated into 
     preparedness and public information activities.

                    Nationwide Cyber Security Review

       The conferees, as described previously, require NPPD to 
     lead the effort to develop, in conjunction with FEMA, tools 
     to assess cyber network security.

                         Post Disaster Housing

       FEMA is directed to report to the Committees, not later 
     than 60 days after the date of enactment of this Act, 
     regarding the plan for acquisition of alternative temporary 
     housing units and procedures for expanding repair of existing 
     multi-family rental housing units, semi-permanent, or 
     permanent housing options, as authorized under section 
     689i(a) of the Post-Katrina Emergency Management Reform Act 
     of 2006.

                   U.S. Fire Service Needs Assessment

       FEMA, in conjunction with the National Fire Protection 
     Association, is directed to provide to the Committees, no 
     later than April 9, 2010, an update to the U.S. Fire Service 
     Needs Assessment. The update shall be consistent with the 
     last assessment completed in February 2006 in its scope and 
     methodology.

             Office of National Capital Region Coordination

       The conference agreement provides $6,995,000 for the Office 
     of National Capital Region Coordination as proposed by both 
     the House and the Senate. The conference report 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.

                          Special Populations

       The conferees direct FEMA to consider utilizing the 
     National Virtual Translation Center (NVTC) to enhance its 
     translation services. FEMA is to report to the Committees,

[[Page H11224]]

     as specified in the House report, on possible uses of NVTC.

                        State and Local Programs

                     (Including Transfer of Funds)

       The conference agreement provides $3,015,200,000 for State 
     and Local Programs, instead of $2,836,000,000 as proposed by 
     the House and $3,067,200,000 as proposed by the Senate. 
     Funding is allocated as follows:

State Homeland Security Grant Program......................$950,000,000
Urban Area Security Initiative..............................887,000,000
Regional Catastrophic Preparedness Grants....................35,000,000
Metropolitan Medical Response System.........................41,000,000
Citizen Corps Program........................................13,000,000
Public Transportation Security Assistance and Railroad Security 
  Assistance................................................300,000,000
Port Security Grants........................................300,000,000
Over-the-Road Bus Security Assistance........................12,000,000
Buffer Zone Protection Program Grants........................50,000,000
Driver's License Security Grant Program......................50,000,000
Interoperable Emergency Communications Grant Program.........50,000,000
Emergency Operations Centers.................................60,000,000
National Programs:
  National Domestic Preparedness Consortium.................164,500,000
  Center for Counterterrorism and Cybercrime..................1,700,000
  National Exercise Program..................................40,000,000
  Technical Assistance.......................................13,000,000
  Continuing Training Grants.................................29,000,000
  Evaluations and Assessments................................16,000,000
  Rural Domestic Preparedness Consortium......................3,000,000
Subtotal, National Programs.................................267,200,000
Total, State and Local Programs..........................$3,015,200,000

       The conference agreement includes the following provisions: 
     directing the transfer of four percent of State and Local 
     Programs funding to the FEMA Management and Administration 
     account, and requiring the submission of an expenditure plan 
     within 60 days of the date of enactment of this Act on the 
     use of those administrative funds; designating certain 
     timeframes for grant processing; requiring grantees to 
     provide reports as determined necessary by the Secretary; and 
     providing that the installation of communications towers is 
     not considered construction of a building or other physical 
     facility under the State Homeland Security Grant Program 
     (SHSGP) and the Urban Area Security Initiative (UASI).
       The conferees include a general provision requiring FEMA to 
     brief the Committees five days prior to any announcement of 
     State and Local Programs grants awards. Such briefings shall 
     include detailed information on the risk analysis employed, 
     the process for determining effectiveness, the process or 
     formula used for selecting grantees, and any changes to 
     methodologies used in the previous fiscal year. In lieu of 
     the Senate reporting requirement on grant guidance, the 
     conferees require that information on funding that will be 
     used for planning and recovery, especially for transit 
     security and port security, be included in these briefings.
       The conferees support the consideration of the needs for 
     mass evacuation planning and pre-positioning of equipment for 
     areas potentially impacted by mass evacuations in allocating 
     first responder funds.
       The conferees encourage the Department to work with State 
     and local governments and all grantees to develop pre-event 
     recovery plans in conjunction with their response and 
     mitigation plans. FEMA is further encouraged to require State 
     and local governments to include tribal governments, rural 
     water associations, and chief information officers in 
     planning efforts.

                 State Homeland Security Grant Program

       The conference agreement provides $950,000,000 for the 
     State Homeland Security Grant Program, as proposed by both 
     the House and the Senate. Of the total amount $60,000,000 is 
     for Operation Stonegarden as proposed by both the House and 
     the Senate. The Department shall implement the program as 
     discussed in the House report. Further, the Department is 
     encouraged to give consideration to applications that are 
     coordinated across multiple jurisdictions.
       The conferees encourage the Department to clarify that the 
     Western Hemisphere Travel Initiative (WHTI) implementation 
     activities, including issuance of WHTI-compliant tribal 
     identification cards, are eligible under this grant program.

                     Urban Area Security Initiative

       The conference agreement provides $887,000,000 for UASI 
     grants, as proposed by the Senate instead of $890,000,000 as 
     proposed by the House. Within this funding, $19,000,000 is 
     provided for grants to non-profit organizations determined by 
     the Secretary to be at high risk of terrorist attack.

                      Compliance With the 9/11 Act

       The conferees expect FEMA to comply with provisions of the 
     9/11 Act, including policies regarding paying salaries for 
     intelligence analysts, as well as for distribution of UASI 
     grants on the basis of risk.

              Law Enforcement Terrorism Prevention Program

       In accordance with section 2006 of the Homeland Security 
     Act of 2002, the Law Enforcement Terrorism Prevention Program 
     (LETPP) is funded thorough a required set-aside of 25 percent 
     of the SHSGP and UASI programs. The conferees direct FEMA to 
     provide clear guidance to States and urban areas to ensure 
     the intent of the LETPP is fully realized and the program is 
     fully maximized.

            Regional Catastrophic Preparedness Grant Program

       The conference agreement includes $35,000,000 for the 
     Regional Catastrophic Preparedness Grant Program as proposed 
     by the Senate. The House did not propose funding for this 
     program. As plans are completed, FEMA is directed to move 
     forward with the program as outlined in the Senate report.

                  Metropolitan Medical Response System

       The conference agreement includes $41,000,000 for the 
     Metropolitan Medical Response System (MMRS) instead of 
     $44,000,000 as proposed by the House and $40,000,000 as 
     proposed by the Senate. The conferees direct FEMA to work 
     with OHA to develop guidelines for MMRS. The conferees do not 
     accept the Administration's proposal to replace the MMRS 
     program with a medical surge grant program and advise FEMA to 
     work with the Assistant Secretary for Preparedness and 
     Response within the U.S. Department of Health and Human 
     Services to develop medical surge guidelines for communities.

                         Citizen Corps Program

       The conference agreement provides $13,000,000 for the 
     Citizens Corps Program, instead of $15,000,000 as proposed by 
     both the House and the Senate.

    Public Transportation Security Assistance and Railroad Security 
                               Assistance

       The conference agreement provides $300,000,000 for Public 
     Transportation Security Assistance and Railroad Security 
     Assistance instead of $250,000,000 as proposed by the House 
     and $356,000,000 as proposed by the Senate, which also 
     included Over-the-Road Bus Security Assistance. The conferees 
     continue the requirement that grants be made directly to 
     transit agencies. The conferees note that States serve an 
     integral role in coordinating regional interests in regard to 
     transit security and therefore direct FEMA to allow transit 
     agencies to permit States to act as sub-grantees to better 
     facilitate regional planning and programs.
       Based on the latest estimates from FEMA, about 90 percent 
     of funds appropriated in fiscal year 2006 for rail and 
     transit have not been expended. The conferees expect FEMA and 
     TSA to report, by December 15, 2009, on their progress in 
     working with transit agencies to expend grant funds for 
     fiscal years 2006, 2007, and 2008.

                          Port Security Grants

       The conference agreement provides $300,000,000 for Port 
     Security grants, instead of $250,000,000 as proposed by the 
     House and $350,000,000 as proposed by the Senate. The 
     conferees agree to waive the cost share requirement, as 
     proposed by the House, in this fiscal year only due to the 
     current economic conditions. The conferees recognize the 
     Secretary of Homeland Security has the authority to waive the 
     cost share requirement for this program in cases of economic 
     hardship. After this fiscal year, the cost share requirement 
     is not expected to be waived, except at the discretion of the 
     Secretary.

                 Over-the-Road Bus Security Assistance

       The conference agreement provides $12,000,000 for Over-the-
     Road Bus Security Assistance as proposed by the House. The 
     Senate provided no less than $6,000,000 for these activities 
     within Public Transportation Security Assistance and Railroad 
     Security Assistance grants.

                     Buffer Zone Protection Program

       The conference agreement provides $50,000,000 for Buffer 
     Zone Protection Program grants as proposed by both the House 
     and the Senate. The conferees acknowledge that this program 
     should be focused on mitigating vulnerabilities to critical 
     infrastructure, instead of providing funding to localities 
     for security costs. The conferees direct FEMA and NPPD to 
     brief the Committees 15 days after the date of enactment of 
     this Act on an expenditure plan that clarifies the 
     methodology by which the program will focus on reducing 
     certain specific vulnerabilities.

                Driver's License Security Grant Program

       The conference agreement provides $50,000,000 for the 
     Driver's License Security Grant Program as proposed by the 
     Senate. The House proposed the same amount for similar 
     activities under ``REAL ID Grants''.

             Interoperable Emergency Communications Grants

       The conference agreement provides $50,000,000 for 
     Interoperable Emergency Communications Grants as proposed by 
     both the House and Senate. The conferees expect that grantees 
     must certify to FEMA that the necessary investments are being 
     made for an effective interoperable communications planning 
     process to ensure plans are kept up-to-date and federal funds 
     are not wasted. Once it is determined that the planning 
     process is properly resourced and implemented, grantees 
     should be given the flexibility to purchase interoperable 
     communications equipment. The conferees expect that before 
     grant

[[Page H11225]]

     dollars are obligated by grantees for equipment, 
     jurisdictions must certify to FEMA that the funds are being 
     spent in accordance with their plans.

                      Emergency Operations Centers

       The conference agreement provides $60,000,000 for Emergency 
     Operations Centers instead of $40,000,000 as proposed by the 
     House and $20,000,000 as proposed by the Senate. The funding 
     shall be allocated for projects as specified in the 
     conference report, and the remaining funding shall be 
     competitively awarded.

                   Trucking Industry Security Grants

       The conference agreement includes a rescission of 
     $5,572,000 from unobligated balances in fiscal year 2009. The 
     conferees note that funds appropriated in fiscal year 2008 
     are supporting a three-year education and training program.

               National Domestic Preparedness Consortium

       The conference agreement provides $164,500,000 for the 
     National Domestic Preparedness Consortium as proposed by the 
     Senate instead of $132,000,000 as proposed by the House. Of 
     the total amount $62,500,000 is for the Center for Domestic 
     Preparedness as proposed by the Senate instead of $40,000,000 
     as proposed by the House. Included in this amount is funding 
     to continue activities at the Noble Training Center. 
     Additionally, of the total amount provided, $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 National Disaster Preparedness 
     Training Center, University of Hawaii, Honolulu, Hawaii; 
     $5,000,000 is for surface transportation emergency 
     preparedness and response training to be awarded under full 
     and open competition.
       The conferees clarify that the National Disaster 
     Preparedness Training Center provides natural disaster 
     preparedness training, including outreach and response 
     training for the public, all hazards training for first 
     responders with a particular focus on challenges facing 
     island and rural communities, and a certificate and 
     undergraduate degree program for homeland security and 
     disaster management.

                Counterterrorism and Cyber Crime Center

       The conference agreement provides $1,700,000 for the 
     Counterterrorism and Cyber Crime Center, as proposed by the 
     Senate. The House did not provide funding for this program.

                          Technical Assistance

       The conference agreement provides $13,000,000 for technical 
     assistance as proposed by both the House and the Senate. The 
     conferees encourage FEMA to continue to provide training to 
     first responders through the Domestic Preparedness Equipment 
     Technical Assistance Program.

                       Continuing Training Grants

       The conference agreement provides $29,000,000 for 
     continuing training grants instead of $31,000,000 as proposed 
     by the House and $27,000,000 as proposed by the Senate. The 
     amount provided includes full funding for the homeland 
     security graduate and executive level education programs 
     currently supported by the Department. The Department is 
     encouraged to leverage these important programs where 
     appropriate to meet a growing need and also notes the 
     importance of the Mobile Education Teams providing homeland 
     security seminars for State and local elected officials and 
     senior staff.

                      Evaluations and Assessments

       The conference agreement includes $16,000,000 for 
     evaluations and assessments as proposed by the House instead 
     of $18,000,000 as proposed by the Senate. FEMA is directed to 
     continue the quarterly briefings by NPD regarding ongoing 
     activities. Briefings shall include the results of the 
     evaluations and assessments efforts. Therefore, FEMA is not 
     directed to provide a separate briefing to the Committees 
     every six months on the results from the completed national 
     programs evaluations, as directed by the House. FEMA is 
     directed to conduct the first quarterly briefing not later 
     than 30 days after the date of enactment of this Act. The 
     initial briefing shall provide a timeframe and approach to 
     complete the development of tools to measure the achievement 
     and effectiveness of grant programs. In addition, GAO shall 
     continue to review such tools and report its findings to the 
     Committees on a quarterly basis. Finally, the conferees note 
     that measuring the grant programs is just one element of a 
     larger effort to streamline FEMA's evaluations programs. 
     Therefore, each quarterly briefing shall also include 
     detailed information on the progress of this effort, 
     including milestones and a process for disseminating usable 
     and actionable information. GAO shall also review this effort 
     and report its findings to the Committees on a quarterly 
     basis.

                 Rural Domestic Preparedness Consortium

       The conference agreement includes $3,000,000 for the Rural 
     Domestic Preparedness Consortium as proposed by the House. 
     The Senate did not propose funding for this program. Funds 
     will be used to provide and deliver training to rural first 
     responders consistent with the National Preparedness Goal.

                     Firefighter Assistance Grants

       The conference agreement provides $810,000,000 for 
     Firefighter Assistance Grants including $390,000,000 for 
     firefighter assistance grants and $420,000,000 for 
     firefighter staffing grants as proposed by both the House and 
     Senate. FEMA is directed to continue the present practice of 
     funding applications according to local priorities and those 
     established by the United States Fire Administration, to 
     maintain an all-hazards focus, and to grant funds for 
     eligible activities in accordance with the authorizing 
     statute. FEMA is required to continue the current grant 
     application and review process as specified in the House 
     report.

                Emergency Management Performance Grants

       The conference agreement provides $340,000,000 for 
     Emergency Management Performance Grants instead of 
     $330,000,000 proposed by the House and $350,000,000 as 
     proposed by the Senate.

              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 conference agreement provides $45,588,000 for the 
     United States Fire Administration (USFA) as proposed by both 
     the House and the Senate. The conferees direct USFA to work 
     with the U.S. Departments of Agriculture and Interior to 
     ensure compatible data on wildfires is available. USFA is 
     also directed to provide a briefing within 30 days of the 
     date of enactment of this Act on the status of implementing 
     the upgrade to the National Fire Information Reporting 
     System, including future milestones for measuring progress.

                            Disaster Relief

                     (Including Transfers of Funds)

       The conference agreement provides $1,600,000,000, for the 
     Disaster Relief fund (DRF) instead of $2,000,000,000 as 
     proposed by the House and $1,456,866,000 as proposed by the 
     Senate. The conference agreement includes a transfer of 
     $16,000,000 to the Office of the Inspector General and 
     $105,600,000 to FEMA Management and Administration. The 
     conference agreement continues the requirement to provide the 
     Committees with an expenditure plan detailing the uses of 
     these funds prior to transfer.
       In an effort to improve the accuracy of budget forecasts, 
     the President's budget includes an allowance for the 
     estimated costs of natural or manmade disasters. The 
     conferees commend the Administration for this effort but are 
     disappointed that the President has not followed through by 
     requesting appropriate funding for the known costs of 
     existing disasters. According to DHS and FEMA, the DRF is 
     expected to be exhausted in March of 2010. According to the 
     most current FEMA estimates that were only recently provided 
     to the Committees, it is anticipated that another $3.8 
     billion will be required to cover disaster costs through 
     September 30, 2010, for past disasters such as Hurricanes 
     Katrina, Gustav, Ike, the Midwest floods, and for the 
     anticipated costs of an average disaster season. Without a 
     proposal from the Administration to address this impending 
     shortfall, the conferees believe it is premature to 
     appropriate additional funds at this time. As noted in the 
     House report, the conferees expect the DRF to be properly 
     monitored and for the submittal of timely budget requests 
     that are adequate to sustain disaster response and recovery 
     costs. Accordingly, the conferees encourage the President to 
     request funding for any DRF shortfall as soon as possible.
       The conference report continues the requirement for a 
     monthly report detailing allocations, obligations, and 
     undistributed amounts related to all disasters, including 
     Hurricanes Katrina, Rita, and Wilma. The report shall 
     maintain the same level of data as currently presented to the 
     Committees. Additionally, this report should, when 
     applicable, list funds transferred to USAID for international 
     disasters, including the location of the disaster.
       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 is directed to notify the Committees 60 days prior to 
     closing the office.

                      Evaluating FEMA's Readiness

       The House report directs GAO to conduct exercises to 
     evaluate how well FEMA provides disaster assistance to 
     survivors. The conference agreement modifies the House 
     directive to require GAO to brief the Committees no later 
     than 45 days after the date of enactment of this Act with a 
     scope of work describing how GAO would carry out unannounced 
     evaluations of FEMA's disaster assistance without adversely 
     impacting those affected by a disaster.

             Remaining Challenges in Post Disaster Housing

       In fiscal year 2009, the Committees required the Office of 
     the Federal Coordinator for Gulf Coast Rebuilding to report 
     on recommendations for ensuring sufficient stock of 
     affordable rental housing to meet the needs of all those 
     displaced. The conferees believe the Office's recommendations 
     should be studied and incorporated by federal, State, and 
     local governments to deal with future disasters.
       The conferees are pleased to note that FEMA and the 
     Department of Housing and

[[Page H11226]]

     Urban Development (HUD) have recognized that there must be 
     some interplay between the agencies after a disaster. The two 
     agencies are working in tandem to operate the Disaster 
     Housing Assistance Program (DHAP) in Louisiana, Mississippi, 
     and Texas following Hurricanes Katrina, Rita, and Ike. The 
     conferees expect FEMA to use DHAP as a model as it develops 
     its agreements with HUD. The conferees expect that FEMA will 
     continue to support disaster costs under an agreement between 
     HUD and FEMA, as it does for DHAP in the Gulf Coast.
       The conferees direct FEMA to formalize an agreement with 
     HUD outlining the roles and responsibilities of both agencies 
     following a disaster and clearly delineating when and how HUD 
     should take the lead role in the federal housing response. 
     Upon completion of the agreement, FEMA is directed to report 
     to the appropriate Congressional committees on the resources 
     and any legislative authority needed to implement the 
     agreement.
       The conferees remain concerned by continued reports that 
     FEMA trailers purchased to house disaster victims have high 
     levels of formaldehyde emissions, possibly leading to adverse 
     health effects. The conferees understand FEMA is pursuing 
     alternative housing solutions and demonstration projects and 
     encourage FEMA to consider multiple technologies and building 
     solutions during this phase.

                         Children and Disasters

       FEMA is directed to expedite its discussions with Ottawa 
     School in Illinois and to come to resolution on its 
     elementary school project. FEMA and the affected community 
     should address the continued flooding of this school and 
     area. FEMA and the community should consider taking the 
     mitigation action of moving the school from the floodplain. 
     FEMA shall act with due haste and report to the Committees 
     when the final project is approved.
       Further, the conferees direct FEMA to establish planning 
     guidance to ensure child safety and protection in the event 
     of a disaster.

            Disaster Assistance Direct Loan Program Account

       The conference agreement provides $295,000 for the cost of 
     loans as proposed by both the House and the Senate. 
     Administrative costs are provided for in the FEMA 
     ``Management and Administration'' account.

                      Flood Map Modernization Fund

       The conference agreement provides $220,000,000 for the 
     Flood Map Modernization program as proposed by both the House 
     and Senate. In fiscal year 2010, FEMA will continue to focus 
     these funds on reviewing, updating, and maintaining maps to 
     accurately reflect flood hazards. The goal shall be to review 
     and, where necessary, to update and maintain data, 
     methodologies, models, and maps that have been modernized, 
     and to issue map updates no later than five years past the 
     modernized dates of the maps. To support this goal, FEMA is 
     directed to provide no less than 20 percent of the funds 
     provided under this heading for map updates and maintenance 
     conducted by Cooperating Technical Partners that provide a 25 
     percent cash match and have a strong record of working 
     effectively with FEMA on flood plain mapping activities. With 
     the fiscal year 2011 budget request, FEMA shall submit to the 
     Committees a status report on the progress made towards the 
     five-year Risk Mapping, Assessment, and Planning strategy.
       When allocating map modernization funds, 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.
       FEMA is directed to develop a National Digital Elevation 
     Acquisition and Utilization plan for the purposes of 
     supporting flood plain map updates. FEMA shall collaborate 
     with the United States Geological Survey, the National 
     Oceanic and Atmospheric Administration, the National 
     Aeronautics and Space Administration, and States that have 
     experience in acquiring and incorporating high resolution 
     elevation data in the flood plain map updates. FEMA shall 
     submit this plan to the Committees within six months after 
     the date of enactment of this Act.

                     National Flood Insurance Fund

       The conference agreement provides the agency re-estimated 
     request of $38,680,000 for salaries and expenses as opposed 
     to $52,149,000 as proposed by both the House and Senate. The 
     conference agreement further provides $107,320,000 for flood 
     plain mapping and management as proposed by both the House 
     and Senate.
       The conferees do not include authority allowing the FEMA 
     Administrator to transfer funds from flood mapping and flood 
     plain management for salaries and expenses. Instead, FEMA is 
     required to provide the Committees with a reprogramming 
     proposal, in accordance with section 503 of this Act, if a 
     problem arises in meeting mission requirements. The conferees 
     encourage FEMA to consider population growth when determining 
     grant awards to the States under the Community Assistance 
     Program.

                  National Predisaster Mitigation Fund

       The conference agreement provides $100,000,000 for the 
     National Predisaster Mitigation Fund (PDM), as proposed by 
     the House instead of $120,000,000 as proposed by the Senate. 
     As part of the budget, the Administration proposes to 
     drastically change the distribution methodology used for 
     awarding PDM grants. However, the Administration was unable 
     to adequately articulate the ramifications or benefits of 
     their new approach. Considering that pending legislation is 
     vastly different from the Administration's new approach, the 
     conferees do not approve the proposed change. Instead, the 
     conferees direct FEMA to continue this program as it operated 
     during fiscal year 2009. The conference agreement continues a 
     provision contained in the Department of Homeland Security 
     Appropriation Act, 2009, which extends the authorization 
     of the PDM grant program for one year to continue the 
     current program.
       The conference agreement includes funding for predisaster 
     mitigation projects in the following amounts, and the 
     remaining funding shall be competitively awarded:

        Predisaster mitigation projects                          Amount
Alabama Emergency Management Agency, AL........................$200,000
Arkansas Department of Emergency Management, AR.................750,000
Arkansas State University-Beebe, AR.............................452,000
Brigham City Corporation, UT....................................250,000
CHRISTUS St. Elizabeth Hospital, Beaumont, TX...................250,000
City of Brooksville, KY..........................................18,500
City of Burbank, CA.............................................225,000
City of Camanche, IA............................................187,500
City of Coconut Creek, FL.......................................500,000
City of Colton, CA..............................................200,000
City of Davis, CA...............................................275,000
City of Emeryville, CA..........................................600,000
City of Flagler Beach, FL.......................................750,000
City of Hartselle, AL...........................................245,000
City of Hidalgo, TX.............................................500,000
City of Hokah, MN...............................................590,000
City of Kannapolis, NC..........................................425,000
City of Los Angeles, CA.......................................1,000,000
City of Los Angeles, CA.........................................500,000
City of Maryville, MO...........................................175,000
City of Miami Beach, FL.........................................750,000
City of Miami, FL...............................................600,000
City of New Braunfels, TX.......................................500,000
City of Prattville, AL..........................................500,000
City of Reno, NV................................................500,000
City of Robstown, TX............................................500,000
City of Rockville, MD...........................................650,000
City of Santa Clarita, CA.......................................500,000
City of Trenton, NJ.............................................300,000
City of Venice, FL..............................................200,000
DeKalb County, IL...............................................350,000
Drew County, AR.................................................366,564
Harris County Flood Control District, TX......................1,000,000
Henry County, GA................................................275,000
Jackson Health System, Miami, FL................................500,000
Kentucky Emergency Management, KY...............................500,000
King County, WA.................................................750,000
Lake County Stormwater Management Agency, OH....................725,000
Lorain County, OH...............................................200,000
Louisville-Metro Government, KY.................................500,000
Lucas County Engineer, OH.......................................500,000
McDowell Hospital, Marion, NC...................................220,000
Mississippi Homeland Security Office, MS........................500,000
North Carolina Office of Emergency Management, NC...............165,000
Ohio University, Athens, OH.....................................200,000
Orange County Fire Authority, CA................................252,000
Russell County Fiscal Court, KY.................................200,000
San Miguel County, NM...........................................400,000
Shelby County, Memphis, TN......................................325,000
State of Maryland, MD.........................................1,000,000
Town of Hambleton and Town of Davis, WV.........................450,000
Town of Occoquan, VA.............................................25,000
Town of Shelter Island, NY......................................200,000
Town of Union and City of Binghamton, NY........................462,000
Town of Winthrop, MA............................................500,000
Village of La Grange Park, IL...................................150,000
Village of Pelham, NY...........................................562,500
Westport Fire Department, CT....................................265,000

                       Emergency Food and Shelter

       The conference agreement provides $200,000,000 for the 
     Emergency Food and Shelter program as proposed by the House 
     instead of $175,000,000 as proposed by the Senate. The 
     funding will assist those most immediately in need of food 
     and shelter assistance.

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

           United States Citizenship and Immigration Services

       The conference agreement provides $224,000,000 in 
     discretionary appropriations for United States Citizenship 
     and Immigration Services (USCIS) instead of $298,000,000 as 
     proposed by the House and $135,700,000 as proposed by the 
     Senate.

                        User Fee Funded Programs

       The current estimate for fiscal year 2010 of USCIS fee 
     collections, which constitute a majority of the agency's 
     resources, is $2,503,232,000. These fee revenues support 
     adjudication of applications for immigration benefits and 
     fraud prevention activities and are derived from fees 
     collected from persons applying for immigration benefits. The 
     conferees understand that fee receipts have decreased 
     significantly in fiscal year 2009 largely due to prevailing 
     economic conditions, and are also likely to be below 
     projections for fiscal year 2010. Since it is unclear how the 
     expenditure estimates will change

[[Page H11227]]

     to align USCIS costs with anticipated revenues, the conferees 
     cannot accurately modify the budget presentation of fee-
     funded expenditures. Instead, the conferees direct USCIS 
     to submit, within 30 days after the date of enactment of 
     this Act, an operating plan for fiscal year 2010 
     accompanied by a reprogramming notification, if necessary, 
     that details how and at what levels USCIS will fund its 
     operations in fiscal year 2010 based on revised fee 
     collection estimates.
       Within the total fees collected, the conferees direct USCIS 
     to provide no less than $51,755,000 to support National 
     Customer Service Center operations and to dedicate the 
     entirety of premium processing revenue to business system and 
     information technology transformation. USCIS is also directed 
     to provide no less than $29,000,000 to convert immigration 
     records to digital format, as requested for fiscal year 2010. 
     No more than $10,000 of the fees collected shall be used for 
     official reception and representation expenses.

                 Basic Pilot Program (E-Verify Program)

       The conference agreement provides $137,000,000 for the 
     basic pilot program (E-Verify Program) instead of 
     $162,000,000 as proposed by the House and $118,500,000 as 
     proposed by the Senate. Of this amount, $30,000,000 is 
     available until September 30, 2011, for continued improvement 
     of the E-Verify system, including an identity assurance tool, 
     additional capacity to investigate fraudulent use of the 
     system, and development of a ``self-check'' tool to allow 
     authorized workers to validate the accuracy of their records 
     on file with federal government agencies. The conferees make 
     all appropriations for compliance investments available for 
     fiscal year 2010 only to reflect the emphasis the conferees 
     expect USCIS to place on E-Verify improvements that 
     strengthen compliance with system operating requirements.

          GAO Analysis of Basic Pilot Program/E-Verify Program

       The conferees direct GAO to conduct two studies of the 
     basic pilot program (E-Verify Program): one of the tentative 
     non-confirmation rates for the basic pilot program (E-Verify 
     Program) and the other of the effects of the basic pilot 
     program (E-Verify Program) on small entities, as defined by 5 
     U.S.C. 601. The House had proposed a general provision 
     (section 545) requiring these studies and GAO is directed to 
     follow the direction in the House bill when designing them. 
     The Senate had proposed no similar provision.

               Refugee and Asylum Application Processing

       The fiscal year 2010 budget proposes $201,000,000 in direct 
     appropriations, rather than a surcharge on application fees, 
     to pay for the cost of processing refugee applications and 
     asylum claims. The conference agreement provides $50,000,000 
     for these costs instead of $100,000,000 as proposed by the 
     House. The Senate proposed no funding. This level reflects an 
     estimated three months of appropriations funded asylum and 
     refugee application processing costs. Since the 
     Administration has not published a Federal Register notice 
     explaining how or when the existing $40 immigration 
     application surcharge for funding refugee and asylum 
     applications will be discontinued, the conference report 
     includes statutory language withholding appropriated funds 
     from obligation until regulatory revisions are implemented.

                        Military Naturalizations

       The conference agreement provides $5,000,000 for the 
     processing of military naturalization applications as 
     proposed by the Senate. The House proposed no funding. The 
     conferees strongly encourage the Office of Management and 
     Budget to include appropriated funding for this activity 
     within the fiscal year 2011 budget request for the Department 
     of Defense in accordance with the National Defense 
     Authorization Act of Fiscal Year 2004 (Public Law 108-136).

                                REAL ID

       The budget requests $25,000,000 to complete development of 
     a data sharing hub to support implementation of the REAL ID 
     Act. The conferees, however, note that the $50,000,000 
     appropriated for this purpose for fiscal year 2009 has yet to 
     be awarded to the State consortium leading the project. DHS 
     has proposed significant revisions to the underlying REAL ID 
     authorization, raising the potential for planning delays in 
     the eventual technological solution that is determined 
     necessary to connect States' vital records systems. As a 
     result, the conference agreement includes $10,000,000 for 
     REAL ID data sharing hub development, to be used only for 
     system engineering and acquisition costs and not for 
     ``incentive'' or other subsidy payments to project 
     participants, instead of $25,000,000 as proposed by the 
     House. The Senate proposed no funding for the REAL ID hub. As 
     noted in the Senate report, the conferees expect DHS to 
     submit its plan for hub development to the Committees in 
     fiscal year 2010.

                        Immigration Integration

       The conference agreement includes $11,000,000 for 
     competitively-awarded grants to organizations promoting the 
     rights and responsibilities of citizenship as proposed by the 
     House instead of $1,200,000 as proposed by the Senate. The 
     conference report includes a statutory restriction limiting 
     the award of these funds to programs that serve legal 
     permanent residents of the United States.

    Changes to Fees Charged to Temporary Protected Status Applicants

       As discussed in the House report, the conference report 
     includes a general provision clarifying that USCIS is allowed 
     to charge fees for services related to Temporary Protected 
     Status applications.

                       Naturalization Ceremonies

       As directed in the House report, USCIS is directed to 
     identify, in the fiscal year 2011 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.

                Federal Law Enforcement Training Center

                         Salaries and Expenses

       The conference agreement provides $239,356,000 for Federal 
     Law Enforcement Training Center (FLETC) Salaries and Expenses 
     as proposed by the House instead of $244,356,000 as proposed 
     by the Senate. The conferees understand the Department has 
     revised its priorities for the data center migration 
     initiative and provide no funding within this account. The 
     Department is encouraged to use the transfer authority 
     provided for data center migration to fund any emergent 
     requirements within FLETC as the initiative progresses.

     Acquisitions, Construction, Improvements, and Related Expenses

       The conference agreement provides $43,456,000 for 
     Acquisitions, Construction, Improvements, and Related 
     Expenses as proposed by both the House and the Senate.

                         Science and Technology

                     Management and Administration

       The conference agreement provides $143,200,000 for 
     Management and Administration as proposed by the Senate 
     instead of $142,200,000 as proposed by the House. This amount 
     includes $10,000 for official reception and representation 
     and $1,000,000 for additional Test and Evaluations/Standards 
     personnel to support the Acquisition Review Board process. 
     Science and Technology (S&T) shall brief the Committees 
     quarterly on the test and evaluation status of all level 1 
     acquisitions.
       As part of the fiscal year 2011 budget request and in each 
     subsequent fiscal year, S&T shall report on the results of 
     its research and development efforts in the prior year 
     (fiscal year 2009), including all technologies, technology 
     improvements, or capabilities delivered to front line users, 
     and the role the Integrated Product Teams played in the 
     development. In addition, based on the Directorate's ongoing 
     validation and verification reviews, S&T shall also submit 
     with its fiscal year 2011 budget request and each subsequent 
     fiscal year a report on the amounts deobligated from projects 
     in the prior fiscal year (fiscal year 2009) and what projects 
     those funds were subsequently obligated to.
       S&T shall notify the Committees pursuant to section 503 of 
     this Act if it assesses any program for administrative costs 
     exceeding five percent of the total program appropriation.
       As discussed in the Senate report, S&T shall report within 
     30 days after the date of enactment of this Act on its plans 
     and timelines for full implementation of the National Academy 
     of Public Administration study recommendations related to 
     strategic planning.

           Research, Development, Acquisition, and Operations

       The conference agreement provides $863,271,000 for 
     Research, Development, Acquisition, and Operations instead of 
     $825,356,000 as proposed by the House and $851,729,000 as 
     proposed by the Senate. Funds are available for three years, 
     except Laboratory Facilities funding, which is available for 
     five years. The following table specifies funding by budget 
     activity:

Border and Maritime Security................................$44,181,000
Chemical and Biological.....................................206,800,000
Command, Control, and Interoperability.......................81,764,000
Explosives..................................................120,809,000
Human Factors................................................16,087,000
Infrastructure and Geophysical...............................74,958,000
Innovation...................................................44,000,000
Laboratory Facilities.......................................150,188,000
Test and Evaluations/Standards...............................29,000,000
Transition...................................................46,134,000
University Programs..........................................49,350,000
                                                       ________________
                                                       
    Total..................................................$863,271,000

                      Border and Maritime Security

       The conference agreement provides $44,181,000 for Border 
     and Maritime Security instead of $40,181,000 as proposed by 
     the House and Senate. Included in this funding is $3,000,000 
     for urban tunnel detection basic research, as requested. In 
     addition, the conferees fully fund the current maritime 
     technology test beds and provide $4,000,000 for a pilot to 
     develop a replicable port security system that would improve 
     maritime domain awareness.
       The conferees are disappointed in the slow progress DHS has 
     made in developing a viable container security device, as 
     discussed in the House report. S&T shall continue its 
     quarterly updates to the Committees on its efforts in this 
     area.

                        Chemical and Biological

       The conference agreement provides $206,800,000 for Chemical 
     and Biological as

[[Page H11228]]

     proposed by the Senate instead of $221,900,000 as proposed by 
     the House. While the conferees fund the BioWatch program 
     under the Office of Health Affairs as proposed by the Senate, 
     S&T is expected to be intricately involved in the test and 
     evaluation of the BioWatch Generation 3 systems.
       While the conferees support the transfer of BioShield to 
     the U.S. Department of Health and Human Services, DHS shall 
     continue to perform the threat assessments of hazardous 
     materials.
       As discussed in the House report, S&T is directed to brief 
     the Committees before January 15, 2010, on the development 
     and implementation of a Department-wide biosurety policy.

                 Command, Control, and Interoperability

       The conference agreement provides $81,764,000 for Command, 
     Control, and Interoperability instead of $80,764,000 as 
     proposed by the House and $83,264,000 as proposed by the 
     Senate. Within this total, $3,000,000 is to continue the web 
     distributed environment for critical infrastructure decision 
     making exercises and $500,000 is for a demonstration project 
     to develop situational awareness and decision support 
     capabilities through remote sensing technologies.

                               Explosives

       The conference agreement provides $120,809,000 for 
     Explosives research and technologies as proposed by the House 
     and Senate. Included in this amount is $10,000,000 to develop 
     air cargo screening technologies, as requested. In light of 
     the large increase in funding under this program, S&T is 
     encouraged to accelerate its efforts to achieve results in 
     the near term and to brief the Committees by January 15, 
     2010, on the status of new explosives research and 
     technologies, the progress it has made in identifying 
     research and development gaps aimed at countering improvised 
     explosive device threats, and how these funds will close such 
     gaps.

                             Human Factors

       The conference agreement provides $16,087,000 for Human 
     Factors instead of $16,887,000 as proposed by the House and 
     $12,460,000 as proposed by the Senate. Within this total, 
     $3,800,000 is for the biometrics program.

                     Infrastructure and Geophysical

       The conference agreement provides $74,958,000 for 
     Infrastructure and Geophysical instead of $52,093,000 as 
     proposed by the House and $67,607,000 as proposed by the 
     Senate. Within the funding provided, not less than 
     $20,865,000 is to continue the Southeast Region Research 
     Initiative at the Oak Ridge National Laboratory; not less 
     than $10,000,000 is for the National Institute for Hometown 
     Security to support existing support in community-based 
     critical infrastructure protection; and not less than 
     $2,000,000 is for the Cincinnati Urban Area partnership 
     established through the Regional Technology Integration 
     Initiative.

                               Innovation

       The conference agreement provides $44,000,000 for 
     Innovation as proposed by the House and Senate, including 
     adequate funding for a variety of new technologies pertaining 
     to tunnels, levee strengthening, storm surge mitigation, and 
     resilient electric grid as requested and discussed in the 
     Senate report.

                            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 conference agreement provides $150,188,000 for 
     Laboratory Facilities instead of $123,188,000 as proposed by 
     the House and $154,500,000 as proposed by the Senate. Within 
     the total, $12,000,000 is provided for the final year of 
     construction obligations at the Physical Science Facility and 
     refurbishment of building 325 at the Pacific Northwest 
     National Laboratory in support of the memorandum of 
     understanding between DHS, the U.S. Department of Energy, and 
     the National Nuclear Security Administration.
       Within this total, $32,000,000 is for the National Bio- and 
     Agro-defense Facility (NBAF) instead of $36,312,000 as 
     proposed by the Senate and no funding as proposed by the 
     House. Due to concerns raised by GAO about DHS's original 
     assessment of the risk related to foot-and-mouth disease 
     research on the U.S. mainland, a general provision is 
     included prohibiting the obligation of these funds for NBAF 
     construction until the Secretary undertakes a bio-safety and 
     bio-security mitigation risk assessment using plume and 
     epidemiologic impact modeling to determine the requirements 
     for the safe operation of NBAF in Manhattan, Kansas. Once DHS 
     completes the risk assessment, the National Academy of 
     Sciences (NAS) shall provide an independent evaluation of the 
     DHS study within four months to ensure that risk has been 
     adequately identified and mitigated in planning for NBAF. Up 
     to $2,000,000 of the amount provided may be used for the NAS 
     evaluation.
       In addition, the conferees continue bill language, proposed 
     by the Senate, that requires the Secretary of Homeland 
     Security, in coordination with the Secretary of Agriculture, 
     to report to the Committees on the procedures used to issue a 
     permit for foot-and-mouth disease live virus research and an 
     emergency response plan in the event of an accidental release 
     of a hazardous pathogen originating from NBAF.

                     Test and Evaluations/Standards

       The conference agreement provides $29,000,000 for Test and 
     Evaluations/Standards, as proposed by the House instead of 
     $28,674,000 as proposed by the Senate. Within the total 
     provided is $5,000,000 to continue a first responder 
     technology evaluation program.

                               Transition

       The conference agreement provides $46,134,000 for 
     Transition as proposed by the House instead of $45,134,000 as 
     proposed by the Senate. Within the funds provided, 
     $10,000,000 is provided for first responder technologies as 
     requested; $2,000,000 is for the Naval Postgraduate School to 
     design, develop and field test first responder technologies 
     outside of the integrated product team process as requested; 
     and $1,000,000 is to continue a manufacturing pilot program 
     to identify and transition advanced technologies and 
     manufacturing processes in the homeland security industrial 
     base. S&T shall provide an expenditure plan for the first 
     responder technology program within 60 days after the date of 
     enactment of this Act.

                          University Programs

       The conference agreement provides $49,350,000 for 
     University Programs instead of $50,400,000 as proposed by the 
     House and $48,300,000 as proposed by the Senate. Within this 
     funding, $39,380,000 is for the Centers of Excellence and 
     $3,870,000 is for minority serving institutions. S&T is 
     directed to brief the Committees on how these funds will be 
     allocated to the Centers of Excellence by January 15, 2010.

                   Domestic Nuclear Detection Office

                     Management and Administration

       The conference agreement provides $38,500,000 for Domestic 
     Nuclear Detection Office (DNDO) Management and 
     Administration, instead of $39,599,000 as proposed by the 
     House and $37,500,000 as proposed by the Senate. The 
     conferees note that DNDO has made progress in filling its 
     authorized 130 FTEs, but several vacancies remain. The 
     conferees strongly encourage DHS to expedite background 
     investigations and other clearance processes to fill vacant 
     positions as soon as possible.

                 Research, Development, and Operations

       The conference agreement provides $324,537,000 for 
     Research, Development, and Operations instead of $376,537,000 
     as proposed by the House and $326,537,000 as proposed by the 
     Senate. No funding is provided under this heading for 
     Securing the Cities, as proposed by the House, but it is 
     instead provided in the Systems Acquisition appropriation. 
     The conferees include $108,537,000 for Transformational 
     Research and Development, instead of $110,537,000 as proposed 
     by the House and Senate, which reflects a five percent 
     increase over fiscal year 2009. Funding is made available 
     until September 30, 2012. The following table specifies 
     funding by budget activity:

Systems Engineering and Architecture........................$25,448,000
Systems Development.........................................100,000,000
Transformational Research and Development...................108,537,000
Assessments..................................................32,416,000
Operations Support...........................................38,436,000
National Technical Nuclear Forensics Center..................19,700,000
                                                       ________________
                                                       
    Total..................................................$324,537,000

                           Quarterly Reports

       The conferees believe DNDO must aggressively pursue its 
     preventive radiation/nuclear detection mission, and go beyond 
     addressing the potential threat posed by the use of cargo 
     containers to transport nuclear or radioactive materials or 
     weapons. It is critical that DNDO prioritize its efforts 
     based on risk, with attention to pathways such as general 
     aviation, the maritime domain, U.S. land borders (including 
     rail and in areas between ports of entry), and urban areas 
     and critical locations in the nation's interior. The 
     conferees direct DNDO to continue quarterly briefings to the 
     Committees on progress in developing architecture to guide 
     technology research and applications; the status of such 
     technologies, including their strengths and weaknesses; and 
     timetables to develop and deploy them.
       The conferees also direct DNDO to provide quarterly 
     briefings to the Committees, as proposed in the House report, 
     on development of the Cargo Advanced Automated Radiography 
     Systems and Joint Integrated Non-Intrusive Inspection 
     programs; red team exercises and assessments, including 
     vulnerabilities identified and recommendations for addressing 
     them; the progress in the Human Portable Radiation Detection 
     System development effort, including operational testing and 
     production of new technologies for advanced operations; and 
     progress in developing alternatives to existing detection 
     materials and systems, in particular progress in finding 
     alternatives to neutron detectors based on Helium-3.

         Supporting and Improving Current Detection Technology

       The conference agreement includes $5,000,000 within the 
     amounts appropriated for Research, Development, and 
     Operations to improve operations and capabilities of 
     currently deployed polyvinyl toluene (PVT) radiation portal 
     monitors and handheld radiation detectors, and to deploy any 
     improvements to the field. The conferees direct DNDO to 
     submit a plan for expenditure, development, and deployment 
     for such efforts

[[Page H11229]]

     to the Committees not later than 60 days after the date of 
     enactment of this Act. The conferees direct DHS to notify the 
     Committees if DNDO determines that it cannot obligate this 
     funding.

                          Systems Acquisition

       The conference agreement provides $20,000,000 for Systems 
     Acquisition instead of $10,000,000 as proposed by the Senate. 
     The House proposed no funding. Funding is made available 
     until September 30, 2012, for radiological detection systems 
     for the Securing the Cities program, to be awarded through 
     full and open competition.

        Advanced Spectroscopic Portal Monitors and Certification

       The conference report prohibits full-scale procurement of 
     advanced spectroscopic portal (ASP) systems until the 
     Secretary has certified and reported to the Committees that a 
     significant increase in operational effectiveness merits such 
     a decision, with a requirement for separate certification for 
     primary and secondary deployments. The Secretary is directed 
     to continue consulting with NAS on this matter. Finally, DNDO 
     is prohibited from engaging in high-risk concurrent 
     development and production of mutually dependent software and 
     hardware components of detection systems.
       The conferees expect DHS to ensure certification decisions 
     are made with the best possible test information and to 
     follow NAS recommendations related to development and 
     certification as outlined in the Senate report. Further, the 
     conferees believe the NAS recommendations should be 
     implemented prior to decisions on certification or 
     procurement of ASPs. If for any reason the Department does 
     not follow these recommendations, the Department shall 
     provide a briefing to the Committees as to why 
     these recommendations were not followed. As independent 
     reviews of the ASP programs have been of value to the 
     Department, the conferees believe an independent cost-
     benefit analysis would also be beneficial.
       If certification does not occur or is further delayed, the 
     conferees direct DHS to submit a revised deployment plan, to 
     include additional procurement of PVT monitors, if 
     requirements remain. As described in the House and Senate 
     reports, the conferees encourage DNDO to undertake deployment 
     of low rate initial production ASP systems, as appropriate, 
     and use data from such deployments to inform future portal 
     monitor decisions.

                      TITLE V--GENERAL PROVISIONS

                    (Including Rescissions of Funds)

       Section 501. The conference agreement continues a provision 
     proposed by the House and Senate that no part of any 
     appropriation shall remain available for obligation beyond 
     the current year unless expressly provided.
       Section 502. The conference agreement continues a provision 
     proposed by the House and Senate 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 conference agreement continues a provision 
     proposed by the Senate 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. The House proposed a similar 
     provision. 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 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, 2010.
       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 FTE 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 unapproved.
       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.
       Section 504. The conference agreement continues a provision 
     proposed by the House and Senate extending the authorization 
     of the Department's Working Capital Fund (WCF) in fiscal year 
     2010. No funds appropriated or otherwise available to the 
     Department may be used to make payment to the Department's 
     WCF, except for activities and amounts allowed in the 
     President's fiscal year 2010 budget. Funds provided to the 
     WCF are available until expended. The Department shall only 
     charge components for direct usage of the WCF. Fiscal year 
     2010 and any carryover funds may be used only for the 
     purposes consistent with the contributing component. Any 
     funds paid in advance or reimbursed must reflect the full 
     cost of each service. The WCF shall be subject to the 
     requirements of section 503 of this Act.
       Section 505. The conference agreement continues a provision 
     proposed by the House and Senate that not to exceed 50 
     percent of unobligated balances remaining at the end of 
     fiscal year 2010 from appropriations made for salaries and 
     expenses shall remain available through fiscal year 2011 
     subject to reprogramming guidelines.
       Section 506. The conference agreement continues a provision 
     proposed by the House and Senate deeming that funds for 
     intelligence activities are specifically authorized during 
     fiscal year 2010 until the enactment of an Act authorizing 
     intelligence activities for fiscal year 2010.
       Section 507. The conference agreement continues and 
     modifies a provision proposed by the House and Senate 
     requiring notification of the Committees three business days 
     before any grant allocation, grant award, contract award 
     (including Federal Acquisition Regulation-covered contracts), 
     Other Transaction Agreement, a task or delivery order on a 
     DHS multiple award contract, 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 full 
     business days after such award or letter is issued. 
     Additionally, FEMA is required to brief the Committees five 
     full business days prior to announcing publicly the intention 
     to make an award under State and Local Programs.
       Section 508. The conference agreement continues a provision 
     proposed by the House and Senate that no agency shall 
     purchase, construct, or lease additional facilities for 
     Federal law enforcement training without advance approval of 
     the Committees.
       Section 509. The conference agreement continues a provision 
     proposed by the House and Senate 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 conferees exclude funds that may be 
     required for development of a proposed prospectus.
       Section 510. The conference agreement continues a provision 
     proposed by the House that consolidates by reference prior 
     year statutory bill language into one provision. The Senate 
     proposed a similar 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 conference agreement continues a provision 
     proposed by the House and Senate that none of the funds may 
     be used in contravention of the Buy American Act.
       Section 512. The conference agreement continues a provision 
     proposed by the Senate 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). The House 
     proposed no similar provision.
       Section 513. The conference agreement continues a provision 
     proposed by the House and Senate regarding competitive 
     sourcing.
       Section 514. The conference agreement continues and 
     modifies a provision proposed by the House and Senate 
     directing TSA to 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 until the requirements are met. TSA is required to 
     report air cargo inspection statistics detailing how 
     incremental progress is being made to the Committees within 
     45 days after the end of each quarter of the fiscal year. 
     Finally, TSA shall submit a report on how it plans to meet 
     the 100 percent mandate contained in the 9/11 Act.
       Section 515. The conference agreement continues a provision 
     proposed by the House and Senate requiring the Chief 
     Financial Officer to submit monthly budget execution and 
     staffing reports within 45 days after the close of each 
     month.
       Section 516. The conference agreement continues and 
     modifies a provision proposed by the Senate directing that 
     any funds appropriated or transferred to TSA ``Aviation 
     Security'', ``Administration'', and ``Transportation Security 
     Support'' in fiscal years

[[Page H11230]]

     2004, 2005, 2006, 2007, and 2008 that are recovered or 
     deobligated shall be available only for procurement and 
     installation of explosives detection systems, air cargo, 
     baggage, and checkpoint screening systems, subject to 
     notification. The House proposed a similar provision. 
     Quarterly reports must be submitted identifying any funds 
     that are recovered or deobligated.
       Section 517. The conference agreement continues a provision 
     proposed by the House and Senate requiring any funds 
     appropriated to Coast Guard for 110-123 foot patrol boat 
     conversions that are recovered, collected, 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 conference agreement continues a provision 
     proposed by the House and Senate pertaining to the human 
     resource management system.
       Section 519. The conference agreement continues a provision 
     proposed by the House and Senate extending undercover 
     investigative operations authority of the Secret Service.
       Section 520. The conference agreement continues a provision 
     proposed by the House and Senate classifying the functions of 
     instructor staff at FLETC as inherently governmental for 
     purposes of the Federal Activities Inventory Reform Act of 
     1998.
       Section 521. The conference agreement continues a provision 
     proposed by the House and Senate prohibiting the obligation 
     of funds appropriated 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. This provision 
     does not require new competitions of existing contracts 
     during their current terms. The conferees also require the IG 
     to review Departmental contracts awarded noncompetitively and 
     report on the results to the Committees.
       Section 522. The conference agreement continues and 
     modifies a provision proposed by the House that prohibits 
     funding for any position designated as a Principal Federal 
     Official (PFO) during a Stafford Act declared disaster or 
     emergency.
       The issue of the role of a PFO during a Federal response 
     has a complicated history in recent years, brought to light 
     most visibly with confusion during the response to Hurricane 
     Katrina. The Post Katrina Emergency Management Reform Act of 
     2006 (PKEMRA) addressed various shortcomings highlighted by 
     the response to Hurricane Katrina. PKEMRA defines FEMA's 
     responsibilities and boosts its autonomy within DHS. In 
     addition, the Act outlines an incident management chain of 
     command headed by the Administrator of FEMA, defined as the 
     principal advisor to the President and Secretary on all 
     matters relating to emergency management. However, a dispute 
     regarding the role of the PFO continues.
       While the conferees do not believe that Sec. 523 of the 
     House bill precludes the Secretary from deploying Department 
     level staff to a disaster in a manner that is consistent with 
     current law, the conferees recognize that the Secretary has 
     asked for some flexibility regarding this provision. 
     Statutory language has been modified to allow the Secretary 
     to waive the prohibition on the use of funds for a PFO or 
     successor position under a Stafford Act declaration. After 
     exercising this waiver, the Secretary must report to the 
     Committees on Appropriations, as well as the House 
     Transportation and Infrastructure Committee, and the Senate 
     Homeland Security and Governmental Affairs Committee with the 
     following information: (1) an explanation of the 
     circumstances necessitating the waiver, including a 
     discussion of how this action does not deviate from the role 
     of the FEMA Administrator as the principal advisor on 
     emergency management to the President, the Homeland Security 
     Council, and the Secretary, as defined in P.L. 109-295 (6 
     U.S.C. 313); and (2) discussion of the role in the field, or 
     in headquarters, of staff deployed pursuant to the waiver, 
     including measures taken to ensure compliance with subsection 
     (c) of 6 U.S.C. 319.
       Further, the conferees note that this waiver authority 
     exists for fiscal year 2010 only and directs the Department, 
     in collaboration with the appropriate authorizing committees 
     of the House and Senate, and other federal entities, to 
     revisit all planning and response documents, such as the 
     National Response Framework, and the organizational structure 
     of operational emergency response teams, as appropriate, to 
     ensure that they are compliant with the provisions of PKEMRA. 
     The conferees direct DHS to report within 120 days of 
     enactment of this Act on any action necessary to update all 
     applicable documents and the organizational structure of 
     operational emergency response teams.
       Section 523. The conference agreement continues a provision 
     proposed by the House and Senate regarding the enforcement of 
     section 4025(1) of Public Law 108-458 pertaining to butane 
     lighters.
       Section 524. The conference agreement continues a provision 
     proposed by the House and Senate prohibiting the Secretary of 
     Homeland Secretary from reducing operations within the Coast 
     Guard's Civil Engineering Program except as specifically 
     authorized by a statute enacted after the date of enactment 
     of this Act.
       Section 525. The conference agreement continues a provision 
     proposed by the House and Senate that precludes DHS from 
     using funds in this Act to carry out reorganization 
     authority. This prohibition is not intended to prevent the 
     Department from carrying out routine or small reallocations 
     of personnel or functions within components of the 
     Department, subject to section 503 of this Act.
       Section 526. The conference agreement continues a provision 
     proposed by the House and Senate prohibiting funding to grant 
     an immigration benefit to any individual unless the results 
     of background checks required in the statute to be completed 
     prior to the grant of the benefit have been received by 
     USCIS.
       Section 527. The conference agreement continues a provision 
     proposed by the House and Senate 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 528. The conference agreement continues a provision 
     proposed by the Senate regarding the use of Data Center One 
     (National Center for Critical Information Processing and 
     Storage). The House proposed no similar provision.
       Section 529. The conference agreement continues a provision 
     proposed by the Senate prohibiting funds from being used to 
     reduce the Coast Guard's Operations Systems Center mission or 
     its government-employed or contract staff. The House proposed 
     no similar provision.
       Section 530. The conference agreement continues a provision 
     proposed by the House and Senate 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 531. The conference agreement continues and 
     modifies a provision proposed by the House relating to Other 
     Transactional Authority for DHS through fiscal year 2010. The 
     Senate proposed a similar provision.
       Section 532. The conference agreement continues a provision 
     proposed by the House and Senate that requires the Secretary 
     to link all contracts that provide award fees to successful 
     acquisition outcomes.
       Section 533. The conference agreement continues a provision 
     proposed by the House and Senate prohibiting the obligation 
     of funds made available to the Office of the Secretary and 
     Executive Management for any new hires at DHS not verified 
     through the basic pilot (E-Verify) program.
       Section 534. The conference agreement continues a provision 
     proposed by the House and Senate related to prescription 
     drugs.
       Section 535. The conference agreement continues a provision 
     proposed by the House and Senate prohibiting funds made 
     available in this Act from being used to implement a rule or 
     regulation that 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 536. The conference agreement continues a provision 
     proposed by the House requiring the Secretary of Homeland 
     Security, in consultation with the Secretary of Treasury, to 
     notify the Committees of any proposed transfers from the 
     Department of Treasury Forfeiture Fund to any agency within 
     the Department of Homeland Security. No funds may be 
     obligated until the Committees approve the proposed 
     transfers. The Senate proposed a similar provision.
       Section 537. The conference agreement continues a provision 
     proposed by the House and Senate prohibiting funds for 
     planning, testing, piloting, or developing a national 
     identification card.
       Section 538. The conference agreement continues a provision 
     proposed by the House and Senate 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 (E-Verify) program.
       Section 539. The conference agreement continues a provision 
     proposed by the House and Senate that requires a report 
     summarizing damage assessment information used to determine 
     whether to declare a major disaster.
       Section 540. The conference agreement continues a provision 
     proposed by the Senate 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. The House proposed a similar provision.
       Section 541. The conference agreement includes a new 
     provision proposed by the House amending section 4 of Public 
     Law 110-161 by striking projects in Massachusetts, South 
     Carolina, and California and adding different projects in 
     those States. The Senate proposed no similar provision.
       Section 542. The conference agreement continues a provision 
     proposed by the House and Senate 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 543. The conference agreement continues a provision 
     proposed by the House extending the authority of the 
     Predisaster Mitigation Fund until September 30, 2010. The 
     Senate proposed no similar provision.
       Section 544. The conference agreement includes a provision 
     proposed by the Senate on

[[Page H11231]]

     unmanned aircraft systems. The House proposed no similar 
     provision.
       Section 545. The conference agreement includes a new 
     provision proposed by the House permitting unobligated 
     amounts made available to Coast Guard Sector Buffalo to be 
     used to make improvements to land to enhance public access to 
     the Buffalo Lighthouse and the waterfront. The Senate 
     proposed no similar provision.
       Section 546. The conference agreement includes a new 
     provision proposed by the House and Senate permitting 
     personnel appointed or assigned to serve abroad allowances 
     and benefits similar to those provided in the Foreign Service 
     Act of 1990.
       Section 547. The conference agreement includes and modifies 
     a new provision proposed by the House that extends the basic 
     pilot program (E-Verify program) by three years. Because DHS 
     and the Social Security Administration have already entered 
     into a memorandum of agreement on employment verification, 
     statutory language is no longer necessary. The two GAO 
     reports contained in the House provision are addressed under 
     USCIS. The Senate proposed a similar extension.
       Section 548. The conference agreement includes a new 
     provision proposed by the Senate that extends the EB-5 visa 
     program for three years. The House proposed no similar 
     provision.
       Section 549. The conference agreement includes a new 
     provision proposed by the House that clarifies fees for 
     fingerprinting, biometric services, and other necessary 
     services may be collected as part of section 244 of the 
     Immigration and Nationality Act. The Senate proposed no 
     similar provision.
       Section 550. The conference agreement includes a new 
     provision proposed by the House and Senate that extends the 
     risk based security standards for chemical facilities cited 
     in Section 550 of P.L. 109-295 by one year.
       Section 551. The conference agreement includes a new 
     provision proposed by the Senate that renames ``basic pilot 
     program'' as ``E-Verify Program''. The House proposed no 
     similar provision.
       Section 552. The conference agreement includes and modifies 
     a new provision proposed by the House on the individuals 
     detained at the Naval Station, Guantanamo Bay, Cuba. The 
     Senate had no similar provision.
       Section 553. The conference agreement includes a new 
     provision proposed by the House that requires the names of 
     individuals detained at the Naval Station, Guantanamo Bay, 
     Cuba to be included on the No Fly List. The Senate proposed 
     no similar provision.
       Section 554. The conference agreement includes a new 
     provision proposed by the House and Senate permitting the 
     collection of fees for conferences, seminars, exhibits, 
     symposiums, or similar meetings and requires an annual report 
     on the level of collection by the Department.
       Section 555. The conference agreement includes a new 
     provision proposed by the Senate defining rural areas for 
     purposes of section 210C of the Homeland Security Act of 
     2002. The House proposed no similar provision.
       Section 556. The conference agreement includes a new 
     provision proposed by the House prohibiting funds in this Act 
     to be used for first-class travel. The Senate proposed no 
     similar provision.
       Section 557. The conference agreement includes and modifies 
     a new provision proposed by the House prohibiting funds in 
     this Act to be used for adverse personnel actions for 
     employees who use protective equipment or measures, including 
     surgical masks, N95 respirators, gloves, or hand-sanitizers 
     in the conduct of their official duties. The Senate proposed 
     no similar provision.
       Section 558. The conference agreement includes a new 
     provision proposed by the House prohibiting funds in this Act 
     to be used to employ workers in contravention of section 
     274A(h)(3) of the Immigration and Nationality Act. The Senate 
     proposed no similar provision.
       Section 559. The conference agreement includes and modifies 
     a new provision proposed by the Senate that prohibits the use 
     of funds for LORAN-C after January 4, 2010, if the Commandant 
     certifies termination will not adversely impact maritime 
     safety and the Secretary certifies that LORAN-C is not needed 
     as a backup to the Global Positioning System (GPS). The 
     certifications must be submitted to the Committees on 
     Appropriations. If such certifications are made, the sale of 
     LORAN-C properties can be used as offsetting collections for 
     environmental compliance and restoration activities, 
     including costs of securing and maintaining equipment that 
     may be used as a backup to GPS. The House proposed no similar 
     provision.
       Section 560. The conference agreement includes and modifies 
     a new provision proposed by the Senate that prohibits the 
     obligation of funds for construction of the National Bio- and 
     Agro-defense Facility (NBAF) until the Secretary of DHS 
     undertakes a bio-safety and bio-security mitigation risk 
     assessment using plume and epidemiologic impact modeling to 
     determine the requirements for the safe operation of NBAF in 
     Manhattan, Kansas. Once DHS completes the risk assessment, 
     the National Academy of Sciences shall provide an 
     independent, expert evaluation of the DHS study within four 
     months to ensure that risk has been adequately identified and 
     mitigated in planning for NBAF. In addition, the Secretary of 
     DHS, in coordination with the Secretary of Agriculture, shall 
     report to the Committees on the procedures used to issue a 
     permit for foot-and-mouth disease live virus research and an 
     emergency response plan in the event of an accidental release 
     of a hazardous pathogen originating from NBAF. The House 
     proposed a similar provision under S&T Research, Development, 
     Acquisition, and Operations.
       Section 561. The conference agreement includes and modifies 
     a new provision proposed by the Senate on maritime 
     transportation security information. The House proposed no 
     similar provision.
       Section 562. The conference agreement includes a new 
     provision proposed by the Senate on the definition of 
     switchblade knives. The House proposed no similar provision.
       Section 563. The conference agreement includes and modifies 
     a new provision proposed by the Senate related to the Federal 
     Deposit Insurance Act. The House proposed no similar 
     provision.
       Section 564. The conference agreement includes and modifies 
     a new provision proposed by the Senate amending the OPEN FOIA 
     Act relating to certain items being withheld from release. 
     The House proposed no similar provision.
       Section 565. The conference agreement includes and modifies 
     a new provision proposed by the Senate on the release of 
     protected national security documents. The House proposed no 
     similar provision.
       Section 566. The conference agreement includes a new 
     provision proposed by the Senate permitting administrative 
     law judges to be available temporarily to serve on an 
     arbitration panel created under the American Recovery and 
     Reinvestment Act for FEMA's Public Assistance program for 
     Hurricanes Katrina and Rita. The House proposed no similar 
     provision.
       Section 567. The conference agreement includes a new 
     provision proposed by the Senate on the proper disposal of 
     personal information collected through the Registered 
     Traveler program. A report on procedures and status is 
     required to be submitted 90 days after the date of enactment 
     of this Act. The House proposed no similar provision.
       Section 568. The conference agreement includes and modifies 
     a new provision proposed by the Senate extending the visa 
     program for special immigrant nonminister religious workers 
     and the ``Conrad 30'' rural area serving doctors program. The 
     conferees modify treatment of surviving spouses and other 
     relatives. The conference agreement includes reporting 
     requirements and humanitarian consideration for pending 
     petitions and applications. The House proposed no similar 
     provision.
       Section 569. The conference agreement includes a new 
     provision proposed by the Senate prohibiting funds 
     appropriated or otherwise made available by this Act to pay 
     for award or incentive fees for contractors with below 
     satisfactory performance or performance that fails to meet 
     the basic requirements of the contract. The House proposed no 
     similar provision.
       Section 570. The conference agreement includes a new 
     provision proposed by the Senate that prohibits funds 
     appropriated or otherwise made available by this Act for DHS 
     to enter into a federal contract unless the contract meets 
     the Federal Property and Administrative Services Act of 1949 
     or Chapter 137 of title 10 U.S.C. requirements and the 
     Federal Acquisition Regulation or the contract is authorized 
     by statute without regard to this section. The House proposed 
     no similar provision.
       Section 571. The conference agreement includes a new 
     provision allowing the Secretary to transfer data center 
     migration funds made available by this Act between 
     appropriations for the same purpose after notifying the 
     Committees 15 days in advance.
       Section 572. The conference agreement includes a new 
     provision that specific earmarks contained in House Report 
     111-157 intended to be awarded to a for-profit entity shall 
     be awarded under full and open competition.
       Section 573. The conference agreement includes a provision 
     rescinding $5,572,000 in unobligated balances for fiscal year 
     2009 from FEMA ``Trucking Industry Security Grants'' as 
     proposed by the House instead of $5,500,000 as proposed by 
     the Senate.
       Section 574. The conference agreement includes a provision 
     rescinding $2,358,000 in unobligated balances of prior year 
     appropriations for ``Analysis and Operations'' instead of 
     $2,203,000 as proposed by the House and $5,000,000 as 
     proposed by the Senate.
       Section 575. The conference agreement includes a provision 
     rescinding $8,000,000 in unobligated balances of prior year 
     appropriations for NPPD ``Infrastructure Protection and 
     Information Security'' as proposed by the Senate instead of 
     $5,963,000 as proposed by the House.
       Section 576. The conference agreement includes a provision 
     rescinding $6,944,148 from unobligated balances of prior year 
     appropriations for S&T ``Research, Development, Acquisition, 
     and Operations'' instead of $7,500,000 as proposed by the 
     Senate. The House proposed no similar provision. S&T shall 
     notify the Committees on the distribution of the rescission 
     prior to its implementation.
       Section 577. The conference agreement includes a provision 
     rescinding $8,000,000 from unobligated balances of prior year 
     appropriations for DNDO ``Research, Development, and 
     Operations'' as proposed by the Senate. The House proposed no 
     similar provision. DNDO shall notify the Committees on the 
     distribution of the rescission prior to its implementation.

[[Page H11232]]

       Section 578. The conference agreement includes a new 
     provision rescinding $4,000,000 from unobligated balances of 
     prior year appropriations made available for TSA ``Research 
     and Development''. TSA shall notify the Committees on the 
     distribution of the rescission prior to its implementation.
       Section 579. The conference agreement includes a new 
     provision rescinding $800,000 from unobligated balances of 
     prior year appropriations made available for Coast Guard 
     ``Acquisition, Construction, and Improvements'' and specifies 
     that this rescission must be made from completed projects.
       Section 580. The conference agreement includes a new 
     provision rescinding $5,600,000 from unobligated balances 
     made available for the Counterterrorism Fund.

                         Provisions Not Adopted

       The conference agreement does not include section 512 of 
     the Senate bill prohibiting funds for Secure Flight to be 
     used to test algorithms assigning risk to passengers whose 
     names are not on a government watch list or to use databases 
     that are under control of a non-Federal entity. Since these 
     activities are not permitted by the final Secure Flight rule, 
     any change would require a new rulemaking.
       The conference agreement does not include section 518 of 
     the Senate bill prohibiting funds for the National 
     Applications Office or the National Immigration Information 
     Sharing Operation until certain conditions were met. A 
     modified version of this provision is included in ``Analysis 
     and Operations''
       The conference agreement does not include section 546 of 
     the House bill clarifying how funds collected for fraud 
     prevention and detection may be used.
       The conference agreement does not include section 546 of 
     the Senate bill that clarifies Section 401(b) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act, making 
     the basic pilot (E-Verify) program permanent. The conference 
     agreement contains a three-year extension of this program.
       The conference agreement does not include section 547 of 
     the Senate bill that requires government contractors to 
     participate in the basic pilot (E-Verify) program. A federal 
     regulation was finalized in September 2009 requiring federal 
     contractors and subcontractors to use the basic pilot (E-
     Verify) program.
       The conference agreement does not include section 549 of 
     the Senate bill making the EB-5 visa program permanent. The 
     conference agreement contains a three year extension of this 
     program.
       The conference agreement does not include section 550 of 
     the Senate bill authorizing the Secretary to direct GSA to 
     sell ICE Service Processing Centers and detention facilities 
     that no longer meet the mission and use the funds for other 
     ICE real property needs.
       The conference agreement does not include section 551 of 
     the House bill on certification requirements for advanced 
     spectroscopic portal monitors, the National Academy of 
     Sciences study, and high risk concurrent development. This 
     provision is included under DNDO ``Systems Acquisition''.
       The conference agreement does not include section 553 of 
     the House bill on the closure of the Florida long-term 
     recovery office in Orlando. This item is addressed under 
     FEMA.
       The conference agreement does not include section 560 of 
     the Senate bill on border fence completion.
       The conference agreement does not include section 561 of 
     the Senate bill on no match letters.
       The conference agreement does not include section 563 of 
     the Senate bill requiring a report on Operation Streamline. 
     This item is addressed under CBP.
       The conference agreement does not include section 568 of 
     the Senate bill requiring a report on improving cross-border 
     inspection processes in the United States, Ontario, and 
     Quebec. This item is addressed under CBP.
       The conference agreement does not include section 573 of 
     the Senate bill pertaining to prescription drugs. This issue 
     is addressed under Section 534.
       The conference agreement does not include section 576 of 
     the Senate bill requiring employers to verify the immigration 
     status of existing employees.

   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 conference report or the 
     accompanying joint statement of managers, 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 
     conference report nor the joint statement of managers 
     contains any limited tax benefits or limited tariff benefits 
     as defined in the applicable House or Senate rules. Pursuant 
     to clause 9(b) of rule XXI the rules of the House of 
     Representatives, neither the conference report nor the joint 
     statement of managers contains any congressional earmarks, 
     limited tax benefits, or limited tariff benefits that were 
     not (1) committed to the conference committee by either House 
     or (2) in a report of a committee of either House on this 
     bill or on a companion measure.

[[Page H11233]]



                                                                                        HOMELAND SECURITY
                                                                            [Presidentially Requested Spending Items]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Agency                   Account                                           Project                                   Amount        Administration                  Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG              Operating Expenses                Project Seahawk, SC                                                    $1,088,000  The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG              Acquisition, Construction, and    Shore and Operational Support projects, various locations              $6,000,000  The President
                 Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD            Infrastructure Protection and     National Infrastructure Simulation and Analysis Center, NM            $16,000,000  The President       Jeff Bingaman; Tom Udall
                 Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA            State and Local Programs          National Domestic Preparedness Consortium:
                                                  National Energetic Materials Research and Testing Center, New         $12,875,000  The President       Jeff Bingaman; Tom Udall
                                                   Mexico Institute of Mining and Technology, NM
                                                  National Center for Biomedical Research and Training, Louisiana       $12,875,000  The President       Rodney Alexander; Mary Landrieu
                                                   State University, LA
                                                  National Emergency Response and Rescue Training Center, Texas A&M     $12,875,000  The President       Chet Edwards; John Carter; John Cornyn;
                                                   University, TX                                                                                         Kay Bailey Hutchison
                                                  National Exercise, Test, and Training Center, Nevada Test Site,       $12,875,000  The President       Harry Reid
                                                   NV
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA            State and Local Programs          Center for Domestic Preparedness, AL                                  $62,500,000  The President       Richard Shelby; Mike Rogers (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T             Research, Development,            Naval Postgraduate School, CA                                          $2,000,000  The President       Sam Farr
                 Acquisition, and Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T             Research, Development,            Physical Science Facility, Pacific Northwest National Laboratory,     $12,000,000  The President       Patty Murray; Norman Dicks; Doc
                 Acquisition, and Operations       WA                                                                                                     Hastings
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T             Research, Development,            Transportation Security Laboratory, NJ                                 $5,000,000  The President
                 Acquisition, and Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                                        HOMELAND SECURITY
                                                                            [Congressionally Directed Spending Items]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
      Agency                         Account                                                        Project                                           Amount              Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHS                 Office of the Under Secretary for         Center of Excellence in Logistics and Technology (LOGTECH), Institute for Defense     $1,000,000  David Price
                     Management                                and Business, The University of North Carolina, Chapel Hill, NC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP                 Salaries & Expenses                       Portable Solar Charging Rechargeable Battery System, Global Solar, AZ                   $800,000  Ed Pastor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP                 Construction and Facilities Management    Advanced Training Center, WV                                                         $39,700,000  Robert Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP                 Construction and Facilities Management    Hangar and Offices for U.S. Customs and Border Protection, City of El Paso, TX        $3,500,000  Silvestre Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TSA                 Aviation Security                         Transportation Security Research and Training Center, National Safe Skies Alliance,   $1,250,000  John Duncan Jr.
                                                               TN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG                  Operating Expenses                        Operations Systems Center, WV                                                         $3,600,000  Robert Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG                  Acquisition, Construction, and            Coast Guard Academy Pier, CT                                                            $300,000  Christopher Dodd
                     Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG                  Acquisition, Construction, and            Coast Guard Station Cleveland Harbor, OH                                             $16,800,000  George Voinovich
                     Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG                  Alteration of Bridges                     Fort Madison, IA                                                                      $4,000,000  Tom Harkin; David Loebsack
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             National Infrastructure Simulation and Analysis Center, NM                            $4,000,000  Jeff Bingaman; Tom Udall
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H11234]]

 
NPPD                Infrastructure Protection and             Philadelphia Buffer Zone Protection Video Surveillance Expansion Project, City of     $1,000,000  Chaka Fattah
                     Information Security                      Philadelphia, PA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             State and Local Cyber Security Training, University of Texas, San Antonio, TX         $3,500,000  Ciro Rodriguez
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             Power and Cyber Systems Protection, Analysis, and Testing Program at the Idaho        $3,000,000  Michael Simpson; Mike Crapo;
                     Information Security                      National Laboratory, Idaho National Laboratory, ID                                                James Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             Cyber Security Test Bed & Evaluation Center, RTI International, NC                    $3,500,000  David Price
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             Multi-State Information Sharing and Analysis Center (MS-ISAC), NY, Office of State    $3,000,000  Nita Lowey; Yvette Clarke
                     Information Security                      Cyber Security & Critical Infrastructure Coordination
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             Virginia Operational Integration Cyber Center of Excellence (VOICCE), City of           $500,000  Glenn Nye; Robert Wittman
                     Information Security                      Hampton, VA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             The Upstate NY Cyber Initiative, Clarkson University, NY                                $100,000  John McHugh; Charles Schumer
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             SEARCH, Sacramento, CA                                                                $1,000,000  Steven Rothman
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OHA                 Office of Health Affairs                  North Carolina Collaboratory for Bio-Preparedness (NC B-Prepared), School of          $5,000,000  David Price; Bob Etheridge; Brad
                                                               Information & Library Science, The University of North Carolina at Chapel Hill, NC                Miller; Kay Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Benton County Emergency Management Commission, IA          $500,000  Leonard Boswell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Brazoria County Emergency Management, TX                   $100,000  Ron Paul
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Butte-Silver Bow, MT                                       $800,000  Dennis Rehberg; Jon Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Calvert County Department of Public Safety, MD             $338,000  Steny Hoyer; Benjamin Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Alamosa Fire Department, CO                        $425,000  John Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Ames, IA                                           $600,000  Tom Harkin; Tom Latham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Boerne, TX                                         $250,000  Lamar Smith
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Brawley, CA                                        $500,000  Bob Filner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Brigantine, NJ                                     $300,000  Frank LoBiondo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Brookings, OR                                      $350,000  Peter DeFazio
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Chicago, IL                                      $1,000,000  Richard Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Commerce, CA                                     $1,000,000  Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Cupertino, CA                                      $300,000  Michael Honda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Detroit, MI                                      $1,000,000  Carolyn Kilpatrick; John
                                                                                                                                                                 Conyers; Debbie Stabenow; Carl
                                                                                                                                                                 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Elk Grove, CA                                      $750,000  Daniel Lungren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Green Cove Springs, FL                             $400,000  Corrine Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Greenville, NC                                     $600,000  G.K. Butterfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H11235]]

 
FEMA                State and Local Programs                  Emergency Operations Center, City of Hackensack, NJ                                     $300,000  Frank Lautenberg; Robert
                                                                                                                                                                 Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Hartford, CT                                       $800,000  John Larson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Hopewell, VA                                       $250,000  Randy Forbes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of La Habra, CA                                       $254,500  Gary Miller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Las Vegas, NV                                      $600,000  Shelley Berkley; Dina Titus;
                                                                                                                                                                 Harry Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Lauderdale Lakes, FL                               $750,000  Debbie Wasserman Schultz; Alcee
                                                                                                                                                                 Hastings
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Minneapolis, MN                                    $750,000  Keith Ellison; Amy Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Monterey Park, CA                                  $375,000  Adam Schiff; Judy Chu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Moreno Valley, CA                                  $400,000  Mary Bono Mack
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Mount Vernon, NY                                 $1,000,000  Kristen Gillibrand; Charles
                                                                                                                                                                 Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Newark, NJ                                       $1,000,000  Steven Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of North Little Rock, AR                              $900,000  Blanche Lincoln; Mark Pryor; Vic
                                                                                                                                                                 Snyder
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Palm Coast, FL                                     $350,000  John Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Port Gibson, MS                                    $750,000  Bennie Thompson; Thad Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Scottsdale, AZ                                     $500,000  Harry Mitchell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Sunrise, FL                                        $750,000  Debbie Wasserman Schultz; Robert
                                                                                                                                                                 Wexler; Alcee Hastings; Bill
                                                                                                                                                                 Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Tavares, FL                                        $500,000  Alan Grayson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Torrington, CT                                     $400,000  John Larson; Christopher Murphy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Whitefish, MT                                      $900,000  Jon Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Whittier, CA                                       $500,000  Linda Sanchez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Wichita, KS                                        $500,000  Todd Tiahrt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Columbia County, OR                                        $500,000  David Wu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, County of Union, NJ                                        $500,000  Leonard Lance; Frank Lautenberg;
                                                                                                                                                                 Robert Menendez;
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Dorchester County, SC                                      $400,000  Henry Brown; Lindsay Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Fulton County (Atlanta) Emergency Management Agency,       $200,000  John Lewis; David Scott
                                                               GA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Howell County Emergency Preparedness, MO                   $250,000  Jo Ann Emerson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Jackson County Sheriff's Office, MO                        $500,000  Emanuel Cleaver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Johnson County, TX                                         $750,000  Chet Edwards
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Kentucky Emergency Management, KY                          $500,000  Harold Rogers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Lake County, FL                                            $800,000  Corrine Brown; Cliff Stearns
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Lea County, NM                                             $600,000  Harry Teague
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Lincoln County, WA                                       $1,000,000  Patty Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Lycoming County, PA                                        $250,000  Christopher Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H11236]]

 
FEMA                State and Local Programs                  Emergency Operations Center, Macomb County Emergency Management and Communications,     $250,000  Candice Miller; Debbie Stabenow;
                                                               MI                                                                                                Carl Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Mercer County Emergency Management Agency, KY              $300,000  Ben Chandler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Middle Rio Grande Development Council, TX                $1,000,000  Ciro Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Minooka Fire Protection District, IL                       $250,000  Deborah Halvorson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Mobile County Commission, AL                               $800,000  Jo Bonner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Monroe County, FL                                          $200,000  Ileana Ros-Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Morris County, New Jersey Office of Emergency            $1,000,000  Rodney Frelinghuysen
                                                               Management, NJ
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, New Orleans Emergency Medical Services, LA                 $750,000  Anh ``Joseph'' Cao; Steve
                                                                                                                                                                 Scalise
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, North Carolina Office of Emergency Management, NC        $1,000,000  David Price
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, North Hudson Regional Fire and Rescue, NJ                  $500,000  Albio Sires
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, North Louisiana Regional, Lincoln Parish, LA               $980,000  Mary Landrieu; Rodney Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Ohio Emergency Management Agency, Columbus, OH           $1,500,000  George Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Passaic County Prosecutor's Office, NJ                     $250,000  Steven Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Providence, RI                                     $980,000  Jack Reed; James Langevin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, San Francisco Department of Emergency Management, CA       $800,000  Nancy Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Sarasota County, FL                                        $300,000  Vern Buchanan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Scotland County, NC                                        $650,000  Larry Kissell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Somerset County, ME                                        $500,000  Michael Michaud; Olympia Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, State of Maryland, MD                                    $1,500,000  Dutch Ruppersberger; Benjamin
                                                                                                                                                                 Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Maitland, FL                                       $158,000  Suzanne Kosmas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Tohono O'odham Nation                                      $500,000  Raul Grijalva
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Towamencin Township, PA                                     $75,000  Allyson Schwartz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Town of Harrison, NY                                       $275,000  Nita Lowey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Town of Shorter, AL                                        $500,000  Mike Rogers (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Township of Irvington, NJ                                  $750,000  Donald Payne
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Township of Old Bridge, NJ                                 $500,000  Rush Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Township of South Orange Village, South Orange, NJ         $247,000  Frank Lautenberg; Robert
                                                                                                                                                                 Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Upper Darby Township Police Department, PA                 $500,000  Joe Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Village of Elmsford, NY                                    $165,000  Nita Lowey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H11237]]

 
FEMA                State and Local Programs                  Emergency Operations Center, Washington Parish Government, LA                           $350,000  Steve Scalise
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Westmoreland County Department of Public Safety, PA        $900,000  John Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Williamsburg County, SC                                  $1,000,000  James Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Winston County Commission, AL                               $20,000  Robert Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  National Domestic Preparedness Consortium:
                                                              National Energetic Materials Research and Testing Center, New Mexico Institute of    $10,125,000  Jeff Bingaman; Tom Udall
                                                               Mining and Technology, NM
                                                              National Center for Biomedical Research and Training, Louisiana State University,    $10,125,000  Rodney Alexander; Mary Landrieu
                                                               LA
                                                              National Emergency Response and Rescue Training Center, Texas A&M University, TX     $10,125,000  Chet Edwards; John Carter; John
                                                                                                                                                                 Cornyn; Kay Bailey Hutchison
                                                              National Exercise, Test, and Training Center, Nevada Test Site, NV                   $10,125,000  Harry Reid
                                                              National Disaster Preparedness Training Center, University of Hawaii, HI              $5,000,000  Daniel Inouye
                                                              Surface Transportation Emergency Preparedness and Response Training                   $5,000,000  Michael Bennet; John Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Counterterrorism and Cybercrime Center, Norwich University, Northfield, VT            $1,700,000  Patrick Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Rural Domestic Preparedness Consortium, Eastern Kentucky University, KY               $3,000,000  Harold Rogers; George Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Alabama Emergency Management Agency, AL                                                 $200,000  Spencer Bachus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Arkansas Department of Emergency Management, AR                                         $750,000  Marion Berry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Arkansas State University-Beebe, AR                                                     $452,000  Vic Snyder
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Brigham City Corporation, UT                                                            $250,000  Rob Bishop; Robert Bennett;
                                                                                                                                                                 Orrin Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    CHRISTUS St. Elizabeth Hospital, Beaumont, TX                                           $250,000  Ted Poe; Kay Bailey Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Brooksville, KY                                                                  $18,500  Geoff Davis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Burbank, CA                                                                     $225,000  Adam Schiff
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Camanche, IA                                                                    $187,500  Bruce Braley
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Coconut Creek, FL                                                               $500,000  Ron Klein; Robert Wexler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Colton, CA                                                                      $200,000  Joe Baca
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Davis, CA                                                                       $275,000  Mike Thompson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Emeryville, CA                                                                  $600,000  Barbara Lee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Flagler Beach, FL                                                               $750,000  John Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Hartselle, AL                                                                   $245,000  Robert Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Hidalgo, TX                                                                     $500,000  Henry Cuellar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Hokah, MN                                                                       $590,000  Timothy Walz; Amy Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Kannapolis, NC                                                                  $425,000  Howard Coble; Larry Kissell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Los Angeles, CA                                                               $1,000,000  Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Los Angeles, CA                                                                 $500,000  Brad Sherman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Maryville, MO                                                                   $175,000  Sam Graves
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Miami Beach, FL                                                                 $750,000  Debbie Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Miami, FL                                                                       $600,000  Kendrick Meek; Ileana Ros-
                                                                                                                                                                 Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of New Braunfels, TX                                                               $500,000  Lamar Smith; Kay Bailey
                                                                                                                                                                 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H11238]]

 
FEMA                Predisaster Mitigation                    City of Prattville, AL                                                                  $500,000  Bobby Bright
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Reno, NV                                                                        $500,000  Dean Heller; Harry Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Robstown, TX                                                                    $500,000  Solomon Ortiz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Rockville, MD                                                                   $650,000  Chris Van Hollen; Benjamin
                                                                                                                                                                 Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Santa Clarita, CA                                                               $500,000  Howard ``Buck'' McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Trenton, NJ                                                                     $300,000  Rush Holt; Christopher Smith;
                                                                                                                                                                 Frank Lautenberg; Robert
                                                                                                                                                                 Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Venice, FL                                                                      $200,000  Vern Buchanan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    DeKalb County, IL                                                                       $350,000  Donald Manzullo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Drew County, AR                                                                         $366,564  Mike Ross
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Harris County Flood Control District, TX                                              $1,000,000  John Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Henry County, GA                                                                        $275,000  David Scott
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Jackson Health System, Miami, FL                                                        $500,000  Debbie Wasserman Schultz,
                                                                                                                                                                 Kendrick Meek, Mario Diaz-
                                                                                                                                                                 Balart, Ileana Ros-Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Kentucky Emergency Management, KY                                                       $500,000  Harold Rogers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    King County, WA                                                                         $750,000  David Reichert; Patty Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Lake County Stormwater Management Agency, OH                                            $725,000  Steven LaTourette
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Lorain County, OH                                                                       $200,000  Betty Sutton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Louisville-Metro Government, KY                                                         $500,000  John Yarmuth
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Lucas County Engineer, OH                                                               $500,000  Marcy Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    McDowell Hospital, Marion, NC                                                           $220,000  Heath Shuler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Mississippi Homeland Security Office, MS                                                $500,000  Bennie Thompson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    North Carolina Office of Emergency Management, NC                                       $165,000  David Price
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Ohio University, Athens, OH                                                             $200,000  Charles Wilson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Orange County Fire Authority, CA                                                        $252,000  Ken Calvert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Russell County Fiscal Court, KY                                                         $200,000  Ed Whitfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    San Miguel County, NM                                                                   $400,000  Ben Lujan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Shelby County, Memphis, TN                                                              $325,000  Steve Cohen; Lamar Alexander;
                                                                                                                                                                 Bob Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    State of Maryland, MD                                                                 $1,000,000  Dutch Ruppersberger; Benjamin
                                                                                                                                                                 Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Town of Hambleton and Town of Davis, WV                                                 $450,000  Alan Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Town of Occoquan, VA                                                                     $25,000  Gerry Connolly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Town of Shelter Island, NY                                                              $200,000  Timothy Bishop
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page H11239]]

 
FEMA                Predisaster Mitigation                    Town of Union and City of Binghamton, NY                                                $462,000  Maurice Hinchey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Town of Winthrop, MA                                                                    $500,000  Edward Markey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Village of La Grange Park, IL                                                           $150,000  Daniel Lipinski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Village of Pelham, NY                                                                   $562,500  Nita Lowey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Westport Fire Department, CT                                                            $265,000  James Himes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Cincinnati Urban Area partnership, OH                                                 $2,000,000  George Voinovich
                     Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Distributed Environment for Critical Infrastructure Decisionmaking Exercises,         $3,000,000  Robert Bennett; Patrick Leahy;
                     Operations                                multiple locations                                                                                Rob Bishop
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Homeland Security Research, Development, and Manufacturing Pilot, Long Island Forum   $1,000,000  Steve Israel; Peter King
                     Operations                                for Technology, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Maritime Domain Awareness and Maritime Security Technology Pilot, SRI                 $4,000,000  C.W. ``Bill'' Young
                     Operations                                International, FL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   National Institute for Hometown Security, KY                                         $10,000,000  Harold Rogers
                     Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Remote Sensing for Situational Awareness and Decision Support, Rochester Institute      $500,000  Daniel Maffei; Christopher Lee
                     Operations                                of Technology, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Southeast Region Research Initiative, TN                                             $20,865,000  Thad Cochran; Roger Wicker;
                     Operations                                                                                                                                  Gregg Harper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Franklin Regional Council of Governments, MA                                                      John Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Town of Lanesborough, MA                                                                          John Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Office of Environmental Health and Safety, University of Massachusetts, MA                        John Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Town of Branchville, SC                                                                           James Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Monterey County Water Resources Agency, CA                                                        Sam Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Sector Buffalo, NY, Coast Guard                                                                   Brian Higgins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page H11240]]

                        Funding Recommendations

       The conference agreement's detailed funding recommendations 
     for programs are contained in the table listed below.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2010 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2009 amount, the 2010 
     budget estimates, and the House and Senate bills for 2010 
     follow:

                       (In thousands of dollars)

New budget (obligational) authority, fiscal year 2009.......$44,367,748
Budget estimates of new (obligational) authority, fiscal year44,190,938
House bill, fiscal year 2010.................................43,978,245
Senate bill, fiscal year 2010................................44,287,748
Conference agreement, fiscal year 2010.......................44,137,241
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2009........-230,507
  Budget estimates of new (obligational) authority, fiscal year -53,697
  House bill, fiscal year 2010.................................+158,996
  Senate bill, fiscal year 2010................................-150,507

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[[Page H11257]]

     David R. Obey,
     David E. Price,
     Jose E. Serrano,
     Ciro D. Rodriguez,
     C. A. Dutch Ruppersberger,
     Alan B. Mollohan,
     Nita M. Lowey,
     Lucille Roybal-Allard,
     Sam Farr,
     Steven R. Rothman,
                                Managers on the Part of the House.

     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick J. Leahy
       (with a reservation on the EB-5 agreement),
     Barbara A. Mikulski,
     Patty Murray,
     Mary L. Landrieu,
     Frank R. Lautenberg,
     Jon Tester,
     Arlen Specter,
     George V. Voinovich,
     Thad Cochran,
     Judd Gregg,
     Richard C. Shelby,
     Sam Brownback,
     Lisa Murkowski,
     Managers on the Part of the Senate.

                          ____________________