[House Report 111-298]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-298
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010
_______
October 13, 2009.--Ordered to be printed
_______
Mr. Price of North Carolina, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 2892]
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 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 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.
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;
(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 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
(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 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 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.
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
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. 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.
(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 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
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 111-31 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.
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 semiannually
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 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.
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 Entry.......................................... 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
Facilitation.................................. 2,749,784,000
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 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'' 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 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:
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 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 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
(Rescue 21)....................................... 117,000,000
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
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
longstanding 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 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 Training.......................... 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 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 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,
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, 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 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 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 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 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 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 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) a 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 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.
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 of 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.
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 Kirsten 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; Lindsey 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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 Gerald Connolly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Town of Shelter Island, NY $200,000 Timothy Bishop
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
year 2010........................................... 44,190,938
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 2010.................................. -53,697
House bill, fiscal year 2010........................ +158,996
Senate bill, fiscal year 2010....................... -150,507
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.