[Senate Report 111-31]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 83
111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-31

======================================================================



 
       DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2010
                                _______
                                

                 June 18, 2009.--Ordered to be printed

                                _______
                                

    Mr. Reid (for Mr. Byrd), from the Committee on Appropriations, 
                        submitted the following

                                 REPORT

                         [To accompany S. 1298]

     The Committee on Appropriations reports the bill (S. 1298) 
making appropriations for the Department of Homeland Security 
for the fiscal year ending September 30, 2010, and for other 
purposes, reports favorably thereon and recommends that the 
bill do pass.



Total obligational authority, fiscal year 2010

Total of bill as reported to the Senate\1\ \2\ \3\...... $44,287,748,000
Amount of 2009 appropriations\4\ \5\....................  44,080,245,000
Amount of 2010 budget estimate\2\ \6\...................  44,190,938,000
Bill as recommended to Senate compared to--
    2009 appropriations.................................    +207,503,000
    2010 budget estimate................................     +96,810,000

\1\Includes $35,500,000 in rescissions.
\2\Includes a permanent indefinite appropriation of $261,000,000 for the 
Coast Guard health care fund contribution.
\3\Includes $241,503,000 for the Coast Guard for the costs of overseas 
contingency operations.
\4\Excludes $2,175,000,000 appropriated in the Department of Homeland 
Security Appropriations Act, 2004 (Public Law 108-90) for Biodefense 
Countermeasures that became available for obligation in fiscal year 
2009.
\5\Includes $2,855,000,000 in emergency appropriations appropriated in 
Public Law 111-5, the American Recovery and Reinvestment Act of 2009, 
and Public Law 111-8, the Omnibus Appropriations Act, 2009. Includes 
rescissions totalling $72,373,000 pursuant to Public Law 110-329. 
Includes permanent indefinite appropriation of $257,305,000 for the 
Coast Guard health care fund contribution.
\6\Excludes up to $241,503,000 for Coast Guard overseas contingency 
operations requested in Department of Defense ``Navy, Operation and 
Maintenance''.


                                CONTENTS

                              ----------                              

                    DEPARTMENT OF HOMELAND SECURITY

                                                                   Page
Overview and Summary of the Bill.................................     5
Title I:
    Departmental Management and Operations:
        Office of the Secretary and Executive Management.........     7
        Office of the Under Secretary for Management.............    14
        Office of the Chief Financial Officer....................    17
        Office of the Chief Information Officer..................    19
        Analysis and Operations..................................    22
        Office of the Federal Coordinator for Gulf Coast 
          Rebuilding.............................................    23
        Office of Inspector General..............................    23
Title II:
    Security, Enforcement, and Investigations:
        U.S. Customs and Border Protection:
            Salaries and Expenses................................    26
            Automation Modernization.............................    36
            Border Security Fencing, Infrastructure, and 
              Technology.........................................    37
            Air and Marine Interdiction, Operations, Maintenance, 
              and Procurement....................................    39
            Construction and Facilities Management...............    40
        U.S. Immigration and Customs Enforcement:
            Salaries and Expenses................................    43
            Federal Protective Service...........................    52
            Automation Modernization.............................    52
            Construction.........................................    53
        Transportation Security Administration:
            Aviation Security....................................    54
            Surface Transportation Security......................    62
            Transportation Threat Assessment and Credentialing...    64
            Transportation Security Support......................    65
            Federal Air Marshals.................................    67
        Coast Guard:
            Operating Expenses...................................    68
            Environmental Compliance and Restoration.............    74
            Reserve Training.....................................    74
            Acquisition, Construction, and Improvements..........    74
            Alteration of Bridges................................    81
            Research, Development, Test, and Evaluation..........    81
            Retired Pay..........................................    82
        United States Secret Service:
            Salaries and Expenses................................    82
            Acquisition, Construction, Improvements, and Related 
              Ex- 
              penses.............................................    84
Title III:
    Protection, Preparedness, Response, and Recovery:
        National Protection and Programs Directorate:
            Management and Administration........................    86
            Infrastructure Protection and Information Security...    87
            United States Visitor and Immigrant Status Indicator 
              Technology.........................................    92
            Federal Protective Service...........................    94
        Office of Health Affairs.................................    95
        Federal Emergency Management Agency:
            Management and Administration........................    97
            State and Local Programs.............................   103
            Firefighter Assistance Grants........................   109
            Emergency Management Performance Grants..............   110
            Radiological Emergency Preparedness Program..........   110
            United States Fire Administration....................   111
            Disaster Relief......................................   111
            Disaster Assistance Direct Loan Program Account......   112
            Flood Map Modernization Fund.........................   112
            National Flood Insurance Fund........................   113
            National Predisaster Mitigation Fund.................   113
            Emergency Food and Shelter...........................   114
Title IV:
    Research and Development, Training, and Services:
        United States Citizenship and Immigration Services.......   115
        Federal Law Enforcement Training Center:
            Salaries and Expenses................................   118
            Acquisition, Construction, Improvements, and Related 
              Expen- 
              ses................................................   119
        Science and Technology:
            Management and Administration........................   120
            Research, Development, Acquisition, and Operations...   121
        Domestic Nuclear Detection Office:
            Management and Administration........................   125
            Research, Development, and Operations................   126
            Systems Acquisition..................................   126
Title V: General Provisions......................................   128
Program, Project, and Activity...................................   134
Compliance With Paragraph 7, Rule XVI of the Standing Rules of 
  the Sen- 
  ate............................................................   135
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules 
  of the Senate..................................................   136
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of 
  the Senate.....................................................   137
Disclosure of Congressionally Directed Spending Items............   139
Comparative Statement of New Budget Authority....................   141

                    OVERVIEW AND SUMMARY OF THE BILL

------------------------------------------------------------------------
                                                          Fiscal year
                                       Fiscal year      2010\1\ \2\ \3\
                                       2010\2\ \4\         Committee
                                         request         recommendation
------------------------------------------------------------------------
Title I--Departmental Management       $1,389,892,000     $1,324,600,000
 and Operations...................
Title II--Security, Enforcement,       32,121,952,000     32,652,599,000
 and Investigations...............
Title III--Protection,                  8,691,755,000      8,533,571,000
 Preparedness, Response, and
 Recovery.........................
Title IV--Research and                  1,987,339,000      1,792,478,000
 Development, Training, and
 Services.........................
Title V--General Provisions.......  .................        -35,500,000
                                   -------------------------------------
      Total, new budget                44,190,938,000     44,287,748,000
       (obligational authority)...
------------------------------------------------------------------------
\1\Includes $35,500,000 in rescissions.
\2\Includes permanent indefinite appropriation of $261,000,000 for the
  Coast Guard health care fund contribution.
\3\Includes $241,503,000 for the Coast Guard for the costs of overseas
  contingency operations.
\4\Excludes up to $241,503,000 for Coast Guard overseas contingency
  operations requested in Department of Defense ``Navy, Operation and
  Maintenance''.

    The Committee recommends total appropriations of 
$44,287,748,000 for the Department of Homeland Security (the 
Department) for fiscal year 2009, $96,810,000 more than the 
budget request. Of this amount, $42,926,503,000 is for 
discretionary programs.

                                Overview

    The establishment of the Department of Homeland Security 
after the devastating events of September 11, 2001, was one of 
the most ambitious Federal reorganizations since the Department 
of Defense was created following World War II. Regrettably, it 
was the official position of the Bush administration that the 
Department could be created at no cost to the taxpayer. This 
translated into a Department with aging assets, an inability to 
prepare for and respond to natural disasters and future 
threats, and significant management and employee morale 
problems.
    In response, Congress, on a bipartisan basis, increased 
homeland security spending by an average of $2,000,000,000 per 
year above the President's request. These increases were 
invested in border security, chemical security, port security, 
transit security, aviation security, and cyber security. 
Congress also ensured State and local partners in homeland 
security received adequate resources to equip and train our 
first responders. These investments have paid off, making our 
Nation more secure and making us better prepared for any 
disaster. But we have much more work to do.
    The Committee recommends $42,926,503,000 of discretionary 
budget authority for fiscal year 2010, $2,938,003,000, or 7 
percent, above fiscal year 2009, excluding emergency funding 
provided in the American Recovery and Reinvestment Act and the 
Omnibus Appropriations Act, 2009.
    Priorities in the bill are focused on five major goals:
  --Securing our borders and enforcing our immigration laws;
  --Protecting the American people from terrorist threats and 
        other vulnerabilities, and ensuring that the Department 
        is nimble enough to address future threats;
  --Preparing for, responding to, and recovering from all-
        hazards, including natural disasters;
  --Supporting our State, local, tribal, and private sector 
        partners in homeland security with resources and 
        information; and
  --Giving the Department resources to strengthen financial, 
        procurement, information technology systems, and other 
        management tools that it needs to succeed; eliminating 
        or reducing programs that are ineffective or 
        duplicative.

                               References

    This report refers to several public laws by short title as 
follows: American Recovery and Reinvestment Act of 2009 (Public 
Law 111-5) is referenced as the Stimulus Act; 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; and Intelligence Reform and 
Terrorism Prevention Act of 2004, Public Law 108-458, is 
referenced as the Intelligence Reform Act.
    Any reference in this report to the Secretary shall be 
interpreted to mean the Secretary of Homeland Security.
    Any reference to the Department or DHS shall be interpreted 
to mean the Department of Homeland Security.
    Any reference in this report to a departmental component 
shall be interpreted to mean directorates, components, 
agencies, offices, or other organizations in the Department.
    Any reference to ``full-time equivalents'' shall be 
referred to as FTE.
    Any reference to ``program, project, and activity'' shall 
be referred to as PPA.

                    DEPARTMENT OF HOMELAND SECURITY

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

Appropriations, 2009....................................    $123,456,000
Budget estimate, 2010...................................     160,760,000
Committee recommendation................................     149,268,000

    The Office of the Secretary and Executive Management 
supports the Department by providing direction, management, and 
policy guidance to operating components within the 
organization. The specific activities funded by this account 
include: the Immediate Office of the Secretary; the Immediate 
Office of the Deputy Secretary; the Chief of Staff; the Office 
of Counternarcotics Enforcement; the Executive Secretary; the 
Office of Policy; the Office of Public Affairs; the Office of 
Legislative Affairs; the Office of General Counsel; the Office 
of Civil Rights and Civil Liberties; the Citizenship and 
Immigration Services Ombudsman; the Office of Intergovernmental 
Affairs; and the Privacy Officer.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $149,268,000 for the Office of the 
Secretary and Executive Management, $25,812,000 above the 
fiscal year 2009 level and $11,492,000 below the request level. 
Of the total amount provided, up to $60,000 is available for 
reception and representation expenses. The Department is to 
submit a quarterly report to the Committee detailing the 
obligation of these funds by purpose and dollar amount.
    The specific levels recommended by the Committee as 
compared to the fiscal year 2009 and budget request levels are 
as follows:

                                OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                 Fiscal year      Fiscal year
                                                                     2009         2010 budget       Committee
                                                               enacted      request      recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary............................            3,140            5,061            5,061
Immediate Office of the Deputy Secretary.............            1,400            1,810            1,810
Chief of Staff...............................................            2,693            2,595            2,595
Office of Counternarcotics Enforcement.......................            3,718            3,912            3,718
Executive Secretary..........................................            7,448            8,344            8,344
Office of Policy.............................................           43,263           61,564           51,564
Office of Public Affairs.....................................            5,991            6,539            5,991
Office of Legislative Affairs................................            4,997            7,097            6,797
Office of Intergovernmental Affairs..........................            (\1\)            2,800            2,600
Office of General Counsel....................................           20,114           24,028           24,028
Office of Civil Rights and Civil Liberties...................           17,417           22,104           22,104
Citizenship and Immigration Services Ombudsman...............            6,471            6,935            6,685
Privacy Officer..............................................            6,804            7,971            7,971
                                                              --------------------------------------------------
      Total, Office of the Secretary and Executive Management          123,456          160,760          149,268
----------------------------------------------------------------------------------------------------------------
\1\Funds provided for this activity within the Federal Emergency Management Agency.

                   IMMEDIATE OFFICE OF THE SECRETARY

    The Committee recommends $5,061,000 for the Immediate 
Office of the Secretary, an increase of $1,921,000 from the 
fiscal year 2009 level and the same level as proposed in the 
budget. The Committee approves the request to transfer a total 
of $1,278,000 from various DHS components and other Office of 
the Secretary and Executive Management [OSEM] offices for the 
Secretary's travel.

                IMMEDIATE OFFICE OF THE DEPUTY SECRETARY

    The Committee recommends $1,810,000 for the Immediate 
Office of the Deputy Secretary, an increase of $410,000 from 
the fiscal year 2009 level and the same level as proposed in 
the budget.
    The Committee understands that the Office of Infrastructure 
Protection, the Coast Guard, and the Transportation Security 
Administration are working together to coordinate chemical 
security responsibilities established by the Chemical 
Facilities Anti-Terrorism Standards regulations, the Maritime 
Transportation Security Act of 2002, and railroad security 
regulations. The Committee directs the Deputy Secretary to 
coordinate efforts and to work with the White House Office of 
Domestic Policy to develop a coordinated and integrated 
approach for securing chemical facilities. Further, the 
Committee directs that the Department review and, if necessary, 
consider revising its information security regulations related 
to chemical facilities to ensure companies cannot misuse the 
regulations to improperly delay or impede Federal safety 
investigations following chemical accidents.
    The Committee directs the Department to provide a report to 
the Committee no later than 90 days after the date of enactment 
of this act, and quarterly thereafter, on the agency's efforts 
to coordinate chemical security across departments, 
particularly in regard to ensuring the ability to conduct 
prompt and comprehensive Federal safety investigations of 
chemical accidents. Further, to ensure expeditious attention to 
this matter, the Deputy Secretary is directed to brief the 
Committee on the milestones established for a coordinated 
effort.

                             CHIEF OF STAFF

    The Committee recommends $2,595,000 for the Chief of Staff, 
a decrease of $98,000 from the fiscal year 2009 level and the 
same level as proposed in the budget.

                 OFFICE OF COUNTERNARCOTICS ENFORCEMENT

    The Committee recommends $3,718,000 for the Office of 
Counternarcotics Enforcement [CNE], the same as the fiscal year 
2009 level and $194,000 below the level proposed in the budget. 
The Committee requires the CNE to submit a report no later than 
60 days after the date of enactment of this act to include: a 
detailed description of the Department's counternarcotics 
activities; whether those activities were sufficient to meet 
the Department's responsibility to stop the entry of illegal 
drugs into the United States; and recommended changes to those 
activities to improve the Department's counternarcotics 
performance. Funding is maintained at the current level due to 
the CNE's failure to provide the Committee with a similar 
report required in fiscal year 2009. These reports help the 
Committee assess whether the CNE is fulfilling its mission.

                          EXECUTIVE SECRETARY

    The Committee recommends $8,344,000 for the Office of the 
Executive Secretary, an increase of $896,000 above the fiscal 
year 2009 level and the same level as proposed in the budget.

                            OFFICE OF POLICY

    The Committee recommends $51,564,000 for the Office of 
Policy, $8,301,000 above the fiscal year 2009 level and 
$10,000,000 below the level proposed in the budget. The 
Committee fully funds requested base adjustments totaling 
$3,301,000 to annualize FTE funded in fiscal year 2009, to 
adjust for statutory pay increases, and to pay administrative 
support services executed by the Working Capital Fund. The 
Committee recommends a partial increase for the Integrated 
Requirements Process and the Intermodal Security Coordination 
Office. While the Committee supports the intent of these 
initiatives, there is little justification to support such a 
large financial commitment for fiscal year 2010. Therefore, an 
additional $5,000,000 is provided, $10,000,000 below the 
request level. The fiscal year 2010 expenditure plan shall 
provide a detailed explanation of how these funds are being 
allocated and for what purpose. Contractor support for both 
initiatives shall not exceed 25 percent.
    The Committee bill provides $20,000 within the Secretary's 
reception and representation expenses to enable the Office of 
Policy to host Visa Waiver Program negotiations in Washington, 
DC, which will save significant travel costs.
    The Committee directs the Office of Policy to submit an 
expenditure plan for fiscal year 2010 no later than 60 days 
after the date of enactment of this act. The plan shall provide 
a full explanation for each activity of this Office and 
accompanying costs. Because the fiscal year 2009 expenditure 
plan wasn't submitted until 8 months into the fiscal year, the 
Committee includes bill language withholding $20,000,000 from 
obligation until the fiscal year 2010 plan is submitted.

                  OFFICE OF INTERGOVERNMENTAL AFFAIRS

    The Committee approves the budget request to transfer these 
functions from the Federal Emergency Management Agency [FEMA] 
and recommends $2,600,000 for the Office Intergovernmental 
Affairs, $200,000 below the level proposed in the budget. Of 
this amount, $2,000,000 and 17 FTE represent the transfer of 
these functions from FEMA and $800,000 is recommended to pay 
administrative support services executed by the Working Capital 
Fund. The Committee modifies the name of the Office from 
``Office of Intergovernmental Programs'' as proposed in the 
budget to ``Office of Intergovernmental Affairs'' as this name 
more appropriately reflects the activities of this office. 
Funds are decreased below the request due to the delay in 
filling full-time permanent positions within this office in 
fiscal year 2009.

                        OFFICE OF PUBLIC AFFAIRS

    The Committee recommends $5,991,000 for the Office of 
Public Affairs, the same as the fiscal year 2009 level and 
$548,000 below the level proposed in the budget. Funds are 
decreased below the request due to the delay in filling full-
time permanent positions within this office.

                     OFFICE OF LEGISLATIVE AFFAIRS

    The Committee recommends $6,797,000 for the Office of 
Legislative Affairs, an increase of $1,800,000 above the fiscal 
year 2009 level and $300,000 below the level proposed in the 
budget.

                       OFFICE OF GENERAL COUNSEL

    The Committee recommends $24,028,000 for the Office of 
General Counsel [OGC], $3,914,000 above the fiscal year 2009 
level and the same level as proposed in the budget. The 
increase above the request is to fund base adjustments for 
increasing costs related to pay, the Working Capital Fund, and 
an annualization of prior year FTE's. The Committee also 
directs the OGC to hire an additional attorney with expertise 
in appropriations law within the recommended level. The 
Department currently has just one attorney working on 
appropriations and requires additional resources in this area.

               OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES

    The Committee recommends $22,104,000 for the Office of 
Civil Rights and Civil Liberties, an increase of $4,687,000 
above the fiscal year 2009 level and the same level as proposed 
in the budget. The Committee recommends full programmatic 
increases, including funds for expansion of the Department's 
Equal Employment Opportunity program, reviews of State and 
local fusion centers, additional training, complaint 
investigations, and other DHS-wide civil rights and civil 
liberties issues. The Committee directs the Office to submit an 
expenditure plan no later than 60 days after the date of 
enactment of this act.

             CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN

    The Committee recommends $6,685,000 for the Citizenship and 
Immigration Services Ombudsman, an increase of $214,000 above 
the fiscal year 2009 level and $250,000 below the level 
proposed in the budget. Funds are decreased below the request 
due to the delay in filling full-time permanent positions 
within this office.

                            PRIVACY OFFICER

    The Committee recommends $7,971,000 for the Privacy 
Officer, an increase of $1,167,000 above the fiscal year 2009 
level and the same level as proposed in the budget.

                       QUARTERLY DETAILEE REPORT

    The Committee requires the Department to continue the 
quarterly detailee report. These reports shall be drafted in 
accordance with the revised guidance set forth in Senate Report 
110-84.

    FUTURE YEARS BUDGET AND THE 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 Committee is concerned that the QHSR will be 
biased by the President's proposed budget reduction for the 
Department of Homeland Security in the outyears. The Department 
of Homeland Security's budget should be derived from the policy 
review. The policy review should not be driven by 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.

           FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS

    The Secretary is directed to report semi-annually on the 
current projects tasked to federally funded research and 
development centers, the funding obligated by component, 
including the purposes for the funds, and any projects 
completed in the prior 6-month period.

                            OVERDUE REPORTS

    The Committee understands that the transition to the new 
administration may have caused some delays with regard to the 
Department providing the Committee with required reports due. 
However, to date, there are currently over 60 required reports 
that are past due and the Committee is concerned that the 
Department has only had a 35 percent on-time delivery rate of 
those received. These reports are vital for the Committee to 
appropriately make important resource allocation decisions to 
address critical homeland security issues. Consistent delays 
adversely impact the budgetary process. Examples of high-
priority reports that are past due include Transportation 
Security Administration's Risk-Based Resource Allocation plan, 
Coast Guard's Workforce Action and Deepwater expenditure plans, 
U.S. Immigration and Customs Enforcement's [ICE] Nationwide 
Alternatives to Detention plan, the Intelligence and Analysis 
expenditure plan, Office of Policy expenditure plan, and DHS 
Chief Information Officer expenditure plan. The Committee also 
requires certain reports in order to stay apprised of important 
homeland security initiatives such as: Federal Emergency 
Management Agency's [FEMA] report on incorporating stakeholder 
input to the grant process, which ensures that State and local 
first responders are involved with the allocation of homeland 
security grants required by Public Law 110-329; FEMA's progress 
on nationwide implementation of the Integrated Public Alert and 
Warning System, required by Executive Order 13407, to better 
alert the public about emergencies; and ICE's Transportation of 
Unaccompanied Alien Minors plan, which addresses the proper 
care and treatment of illegal alien children without parents 
within the immigration system.
    The Committee finds this performance unacceptable.

                           DHS-GAO RELATIONS

    The Committee is pleased to note that the Department is 
working with the Government Accountability Office [GAO] to 
improve it responsiveness to information requests, and is 
examining the models of interaction offered by other agencies. 
In order to improve transparency and oversight, the Committee 
urges DHS to adopt the practices of most other Federal agencies 
regarding interaction with GAO. These include: ensuring that 
GAO representatives have direct access to program officials and 
other relevant DHS employees, including contractors, for 
purposes of requesting records and obtaining information; 
expediting the internal review process for requested 
information by eliminating unnecessary or redundant levels of 
review; directing program officials and other relevant DHS 
employees, including contractors, to provide GAO with immediate 
access to agency records upon request when such records are 
readily available and do not require further internal review; 
and providing GAO representatives with access to draft or other 
non-final agency records pertinent to GAO's review, consistent 
with GAO's statutory right of access to agency records and its 
obligation to handle such information appropriately.

                      DISTRIBUTION OF GRANT AWARDS

    Americans are not made safer when appropriated funds sit in 
the Treasury. Therefore, as in previous fiscal years, the 
Committee again includes statutory timeframes by which 
appropriated grant funding must be made available and 
distributed to State and local partners. While departmental 
compliance with the timeframes has varied from year to year, 
fiscal year 2009 awards were delivered within the statutory 
timeframe. It is imperative that FEMA and the Department take 
State and local partners seriously by ensuring needed resources 
are provided expeditiously to address known risks. The 
Committee expects FEMA and the Department will comply with the 
law to ensure grant funds are distributed in a timely manner.

                        STAKEHOLDER INVOLVEMENT

    In the Homeland Security Appropriations Act, 2009, 
$10,000,000 was withheld from both the Office of the Secretary 
and Executive Management [OSEM] and the Federal Emergency 
Management Agency [FEMA] Management and Administration account 
until the Secretary of Homeland Security, in coordination with 
the Administrator of FEMA, certifies to the Committees on 
Appropriations that a process to incorporate State and local 
stakeholder input for grants has been developed. It is 
unconscionable that 6 years after the creation of the 
Department there is still not an efficient grant process. 
Further, it is disconcerting that the Secretary has yet to 
certify a process. The Committee expects a certification no 
later than August 31, 2009. Similar language is contained in 
the FEMA section of this report.

                       PRINCIPAL FEDERAL OFFICIAL

    The Committee recognizes that the Secretary intends to 
reserve the deployment of a Principal Federal Official [PFO] 
for a catastrophic or an unusually complex incident that 
requires extraordinary coordination. According to an official 
response submitted following the Senate Appropriations, 
Subcommittee on Homeland Security hearing on May, 13, 2009, the 
Secretary is committed to ``role clarity and clear, well-
trained, and well-exercised protocols for communication and 
decisionmaking [which] are vital to achieving a coordinated 
response to any domestic incident''. Therefore, the Committee 
does not include a restriction regarding the position of the 
PFO but strongly urges the Secretary to use an abundance of 
clarity on this matter before, during, and after the few 
instances when this position may be used.

                       LOST AND STOLEN PASSPORTS

    The Committee is concerned that the Department of Homeland 
Security has not taken all appropriate steps to interrupt 
terrorist and criminal travel through international border 
crossings. The Committee is aware that the Department currently 
tracks and reports on lost and stolen passports through the 
Forensic Document Laboratory and the Fraudulent Document 
Analysis Unit. The Committee directs the Secretary to submit a 
semiannual report to the Committees on Appropriations of the 
Senate and House of Representatives, the Committees on the 
Judiciary of the Senate and the House of Representatives, the 
Senate Committee on Homeland Security and Governmental Affairs, 
and the House of Representatives Committee on Homeland Security 
on the number of all lost and stolen passports reported to the 
Department, a detailed breakdown by issuing country, and the 
number intercepted by the Department at ports of entry. Also, 
the report should provide an analysis of any trends regarding 
lost and stolen passports.

                             BORDER TUNNELS

    Border tunnels pose a serious national security risk by 
providing a means for smugglers to move drugs, guns, and people 
under the border. Since September 11, 2001, more than 90 border 
tunnels have been discovered. The Committee is aware that 
tunnel detection and remediation is becoming a Department 
priority and that funds have been provided as requested to 
address their detection. The Committee directs the Department 
to provide semiannual reports to the Committees on 
Appropriations of the Senate and the House of Representatives, 
the Committee on the Judiciary, and the Committee on Homeland 
Security and Governmental Affairs on the number of tunnels 
discovered, their location and demolition, all activities 
undertaken to prosecute individuals under the Border Tunnel 
Prevention Act, funding requirements, and the progress made in 
developing and implementing detection methods used to discover 
new tunnels. Finally, the Committee directs the Department to 
designate a border tunnel coordinator to manage border tunnel 
activities, serve as liaison to State and local law 
enforcement, and advise Congress on border tunnel issues.

              Office of the Under Secretary for Management

Appropriations, 2009\1\.................................    $391,793,000
Budget estimate, 2010...................................     337,990,000
Committee recommendation................................     307,690,000

\1\Includes $200,000,000 provided in the American Recovery and 
Reinvestment Act, 2009 (Public Law 111-5) for construction of the DHS 
headquarters.

    The Under Secretary for Management oversees management and 
operations of the Department, including procurement and 
acquisition, human capital, and property management. The 
specific activities funded by this account include the 
Immediate Office of the Under Secretary for Management, the 
Office of Security, the Office of the Chief Procurement 
Officer, the Office of the Chief Human Capital Officer, and the 
Office of the Chief Administrative Officer.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $307,690,000 for the Office of the 
Under Secretary for Management.
    The specific levels recommended by the Committee, as 
compared to the fiscal year 2009 and budget request levels, are 
as follows:

                                  OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Fiscal year
                                                                 Fiscal year      2010 budget       Committee
                                                                 2009 enacted       request      recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management.......            2,654            2,864            2,864
Office of Security...........................................           60,882           95,193           92,693
Office of the Chief Procurement Officer......................           39,003           71,038           70,038
Office of the Chief Human Capital Officer:
    Salaries and Expenses....................................           28,827           34,404           33,604
    Human Resources..........................................           10,000           10,000           10,000
Office of the Chief Administrative Officer:
    Salaries and Expenses....................................           44,427           43,491           43,491
    Nebraska Avenue Complex..................................            6,000            6,000            5,000
    DHS Headquarters Consolidation...........................  ...............           75,000           50,000
Emergency Appropriations (Public Law 111-5)..................          200,000  ...............  ...............
                                                              --------------------------------------------------
      Total, Office of the Under Secretary for Management....          391,793          337,990          307,690
                                                              ==================================================
      Appropriations.........................................          191,793          337,990          307,690
      Emergency Appropriations (Public Law 111-5)............          200,000  ...............  ...............
----------------------------------------------------------------------------------------------------------------

         IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

    The Committee recommends $2,864,000 for the Immediate 
Office of the Under Secretary, $210,000 above the fiscal year 
2009 level and the same level as proposed in the budget.

                           OFFICE OF SECURITY

    The Committee recommends $92,693,000 for the Office of 
Security, an increase of $31,811,000 above the fiscal year 2009 
level and $2,500,000 below the level requested in the budget. 
This recommended increase includes $3,000,000 and 9 positions 
for Departmental personnel security adjudication needs; 
$5,000,000 and 20 positions for the Special Access Program 
Control Office; and $22,500,000 for the Homeland Security 
Presidential Directive 12 [HSPD-12] Card Issuance Program. The 
Department's schedule to issue HSPD-12 cards to DHS employees 
appears to be overly optimistic in fiscal year 2010. Therefore, 
the Committee does not recommend the full increase requested in 
the budget.
    The Committee has heard from several DHS components about 
delays in hiring due to the security clearance process. With 
the additional adjudication funding recommended, the Office of 
Security should meet the 15-day standard for suitability 
reviews and reduce its existing backlog of individuals awaiting 
a security clearance. The Committee directs the Office of 
Security to include progress against these objectives in the 
Office of the Chief Human Capital Officer's monthly hiring 
reports submitted to the Committee.

                OFFICE OF THE CHIEF PROCUREMENT OFFICER

    The Committee recommends $70,038,000 for the Office of the 
Chief Procurement Officer, $31,035,000 above the fiscal year 
2009 level and $1,000,000 below the level requested in the 
budget. This increase will fully annualize 52 positions being 
filled in fiscal year 2009, fund 100 new positions for the 
Acquisition Workforce Intern Program, fund 24 new positions and 
associated infrastructure to create a new contracting component 
for classified programs, and fund 20 new positions and support 
from Federally Funded Research and Development Centers for 
oversight of DHS acquisition programs. A small reduction is 
recommended below the request due to the delay in filling full-
time permanent positions within this office.

                       ACQUISITION REVIEW PROCESS

    The Department's Investment Review Process was overhauled 
in 2008 with the intent to improve acquisition management and 
oversight across DHS. The Committee is pleased with the 
direction the Department is taking to create a common 
acquisition policy and a single point of accountability in the 
Acquisition Decision Authority. There are 67 major DHS 
acquisition programs with investments over $300,000,000 in 
lifecycle costs as well as some special interest programs/
projects. In order to monitor the Department's acquisition 
review process, the Committee directs the Secretary to provide 
a quarterly status report on major acquisitions in excess of 
$300,000,000. These reports shall include a description of each 
acquisition and whether it has been approved by the Acquisition 
Review Board [ARB], is currently being reviewed by the ARB, is 
scheduled for review or a follow-up review by the ARB, and 
whether the relevant DHS component has begun submitting monthly 
periodic reports and the results of the monthly updates. In 
addition, the report shall include information on acquisitions 
that are not meeting cost, schedule, or performance parameters, 
including an explanation of why, and corrective measures 
implemented or planned. These reports are also to address the 
extent to which the Department has sufficient personnel to 
execute the acquisition review process, and if not, its plans 
for fulfilling staffing requirements.

                      OVER-RELIANCE ON CONTRACTORS

    The Committee continues to be concerned with the 
Department's reliance on contractors to perform functions more 
appropriate for in-house Federal employees or to perform 
functions closely supporting inherently governmental functions. 
Without stronger oversight, the risk of Government decisions 
being influenced by, rather than independent from, contractor 
judgments increases. The Department has launched a 
comprehensive workforce data call to examine and balance 
workforce requirements and, where appropriate, to convert 
contractors to in-house resources. Results of this review are 
expected in July 2009. The Committee directs the Undersecretary 
for Management to brief the Committee no later than August 14, 
2009, on the findings of this review, including plans for 
contract conversions in fiscal year 2010 and associated 
savings.

                      OTHER TRANSACTION AUTHORITY

    The Committee directs the Chief Procurement Officer to 
ensure that all employees working on Federal contracts have 
``Other Transaction Authority'' training.

               OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER

    The Committee recommends $43,604,000 and 89 FTE for the 
Office of the Chief Human Capital Officer [OCHCO], $4,777,000 
above the fiscal year 2009 level and $800,000 below the budget 
request due to the delay in filling full-time permanent 
positions within this office. As of April 25, 2009, the OCHCO 
was 44 percent below funded staffing levels. Funds for 
contractors should be limited as right-sizing OCHCO with 
Federal employees is a top priority.
    The Committee notes that hiring services being performed by 
the OCHCO on behalf of headquarters components is beginning to 
improve. However, significant progress remains necessary. 
Therefore, the Committee continues a requirement for the OCHCO 
to provide monthly reports on vacancies for each office OCHCO 
services, including the amount of time it takes to hire and 
seat an employee once a vacancy is announced. The report shall 
provide an explanation for hiring delays and steps being taken 
or planned to correct the delays. The Office of Security shall 
contribute to this report by including progress made to reduce 
the security clearance backlog and whether the 15-day standard 
for suitability reviews is being met.
    The OCHCO shall also provide a report no later than 60 days 
after the date of enactment of this act on its fiscal year 2009 
performance for metrics established by DHS, which are: the 
ability to meet the Office of Personnel Management 45-day 
hiring standard; an attrition rate for senior executive 
personnel 10.5 percent or lower; a number of civilian employees 
serving in the DHS interagency and interdepartmental Rotation 
Training Program of 530 or higher; favorable responses by DHS 
employees on the Federal Human Capital Survey of 51 percent or 
higher; and a percent of civilian employees in designated 
positions that are qualified as National Security Professionals 
of 30 percent or higher.
    A general provision is included in the bill prohibiting 
funds for the development, testing, deployment, or operation of 
any portion of a human resources management system authorized 
by 5 U.S.C. 9701(a), or by regulations prescribed pursuant to 
such section, for an ``employee'' as defined in 5 U.S.C. 
7103(a)(2).

               OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER

    The Committee recommends $98,491,000, an increase of 
$48,064,000 above the fiscal year 2009 level and $26,000,000 
below the budget request. This amount includes the transfer of 
$10,809,000 and 5 FTE to the Office of Operations Coordination 
and Planning for the Business Continuity Operations and 
Emergency Preparedness function. Realigning this function will 
concentrate internal DHS continuity functions into one office. 
The Committee recommends $5,000,000 for continued facilities 
maintenance and upgrades at the Nebraska Avenue Complex. Due to 
consistent availability of carryover funds, this amount is 
$1,000,000 below the request. The Committee recommends 
$50,000,000 for the DHS Lease Consolidation Project, 
$25,000,000 below the request. These funds will allow the 
Department to begin consolidating leased facilities not moving 
to the St. Elizabeths campus. Currently DHS headquarters are 
located in over 40 fragmented locations in 105 lease 
arrangements. The goal is to consolidate these to fewer than 10 
leases. However, until a prospectus is submitted and approved 
by Congress, the full cost and scope of this project is 
unknown.

                 DHS CONSOLIDATED HEADQUARTERS PROJECT

    The Committee continues to support the Department's efforts 
to construct a consolidated headquarters. DHS is spread 
throughout more than 40 locations and 70 buildings across the 
National Capital Region making communication, coordination, and 
cooperation between DHS components a significant challenge. 
Between appropriations to the General Services Administration 
and the Department of Homeland Security, over $1,100,000,000 
has been appropriated for this project, including $650,000,000 
in the Stimulus Act. These funds fully cover requirements for 
fiscal year 2010. The Committee directs the Department to 
continue periodic briefings on the consolidation project.

                 Office of the Chief Financial Officer

Appropriations, 2009...........................     $55,235,000
Budget estimate, 2010...................................      65,530,000
Committee recommendation................................      63,530,000

    The Office of the Chief Financial Officer is responsible 
for the fiscal management and financial accountability of the 
Department of Homeland Security. The Office of the Chief 
Financial Officer provides guidance and oversight of the 
Department's budget execution while ensuring that funds are 
allocated and expended in accordance with relevant laws and 
policies. The specific activities funded by this account 
include the Budget Division, Office of Performance Analysis and 
Evaluation, Office of Financial Management, Resource Management 
Transition Office, and the Office of the Government 
Accountability Office/Office of Inspector General Liaison.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $63,530,000 for the Office of the 
Chief Financial Officer [OCFO], an increase of $8,295,000 from 
the fiscal year 2009 level and $2,000,000 below level proposed 
in the budget request. The recommendation includes $1,608,000 
to annualize 15 FTE funded in fiscal year 2009; $499,000 for 
pay adjustments; $1,793,000 for Working Capital Fund increases; 
and $4,395,000 to improve financial accountability. The 
Committee supports Program Analysis and Evaluation efforts to 
conduct independent program analyses of selected DHS programs. 
As the Department builds on this capability, the Committee 
encourages the OCFO to do so with permanent Federal employees 
to the maximum extent practicable. The OCFO shall periodically 
brief the Committee on outcomes of the selected studies and 
their impact on resource decisions.

                TRANSFORMATION AND SYSTEMS CONSOLIDATION

    The Committee recommendation includes $19,200,000 for the 
OCFO to migrate DHS component financial systems to a shared 
software baseline known as TASC. This effort will consolidate 
13 separate DHS financial management systems, resulting in 
multiple business processes and accounting lines. These 
separate systems do not provide consistent internal controls 
over financial reporting. The Committee expects a full 
migration plan to be submitted to the Committee no later than 
60 days after the date of enactment of this act.

                  ANNUAL APPROPRIATIONS JUSTIFICATIONS

    The Committee directs the OCFO to ensure annual 
appropriations justifications are prepared for each component 
within the Department in support of the President's budget, as 
submitted under section 1105(a) of title 31, United States 
Code. The OCFO is directed to include detailed information by 
appropriations account, program, project, and activity, on all 
reimbursable agreements, and significant uses of the Economy 
Act for each fiscal year. Additionally, the OCFO shall ensure 
that the congressional justifications for the Department 
accompanying the President's fiscal year 2011 budget request 
include a status report of overdue Committee reports, plans, 
and other directives. One standard format needs to be adopted 
by all offices and agencies and inserted in the justifications 
reflecting the status of congressional directives for each of 
fiscal years 2007 through 2010.

                  BUDGET EXECUTION AND STAFFING REPORT

    The Committee includes bill language requiring the 
Department to continue submitting to the House and Senate 
Committees on Appropriations a monthly budget execution report 
showing the status of obligations and costs for all components 
of the Department and on-board staffing levels (Federal 
employees and contractors). The report shall include the total 
obligational authority appropriated (new budget authority plus 
unobligated carryover), undistributed obligational authority, 
amount allotted, current year obligations, unobligated 
authority (the difference between total obligational authority 
and current year obligations), beginning unexpended 
obligations, year-to-date costs, and ending unexpended 
obligations. This budget execution information is to be 
provided at the level of detail shown in the tables displayed 
at the end of this report for each departmental component and 
the Working Capital Fund. This report shall be submitted no 
later than 45 days after the close of each month.

                           EXPENDITURE PLANS

    The Committee continues requiring expenditure plans for 
specific DHS programs. These plans are intended to provide 
Congress with information to effectively oversee a particular 
program and hold the Department accountable for program 
results. Expenditure plans required by the Committee shall 
include, at a minimum: a description of how the plan satisfies 
any relevant legislative conditions for the expenditure plan; 
planned 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

Appropriations, 2009....................................    $272,169,000
Budget estimate, 2010...................................     338,393,000
Committee recommendation................................     338,393,000

    The Office of the Chief Information Officer is responsible 
for oversight of information technology [IT] development, 
oversight of IT acquisition, alignment of IT systems and 
infrastructure to the enterprise architecture to support the 
missions and activities of the Department.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $338,393,000, of which $86,912,000 
is for salaries and expenses, and $251,481,000 is to be 
available until expended for Department-wide technology 
investments overseen by the Office of the Chief Information 
Officer [CIO]. The recommendation is an increase of $66,224,000 
from the fiscal year 2009 level and the same level as proposed 
in the budget request.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                     OFFICE OF THE CHIEF INFORMATION OFFICER
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                   Fiscal year
                                                                   Fiscal year     2010 budget      Committee
                                                                  2009 enacted       request     recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses..........................................          86,928          86,912           86,912
Information Technology Services................................          44,945          51,417           51,417
Security Activities............................................          92,623         152,403          152,403
Homeland Secure Data Network...................................          47,673          47,661           47,661
                                                                ------------------------------------------------
      Total, Office of the Chief Information Officer...........         272,169         338,393          338,393
----------------------------------------------------------------------------------------------------------------

                         SALARIES AND EXPENSES

    The Committee recommendation includes $86,912,000 as 
requested in the budget, to provide oversight of technology 
management, shared services, and acquisition strategy for the 
Department.

                            EXPENDITURE PLAN

    The Committee has again included bill language requiring an 
expenditure plan be submitted to the Committees on 
Appropriations within 60 days of enactment of this act. The 
Committee notes that 8 months into fiscal year 2009 the 
expenditure plan for the current year has not been submitted. 
It is difficult to evaluate the operations and projects of the 
CIO in the absence of any information about current-year plans.

                    INFORMATION TECHNOLOGY SERVICES

    The Committee recommendation includes $51,417,000 for 
Information Technology Services, as requested in the budget. 
Consistent with the request, $6,700,000 is recommended for 
communications security modernization. The Department must 
replace 15,000 pieces of communications security equipment that 
will be de-certified for continued use as of December 31, 2009. 
These funds will purchase equipment that meets the new 
certification requirements, provide training to employees, and 
provide for operation and maintenance costs.

                        ACQUISITION REVIEW BOARD

    Under Acquisition Directive 102-01, the CIO is responsible 
for ensuring that approved IT acquisitions comply with 
departmental IT management processes, technical requirements, 
and approved Enterprise Architecture. As part of this process, 
the committee expects the CIO to certify that all level 1 IT 
acquisitions include: a risk management process that regularly 
and proactively identifies, evaluates, mitigates, and monitors 
risks throughout the system life cycle and an independent 
verification and validation process.

                          SECURITY ACTIVITIES

    The Committee recommendation includes $152,403,000 for 
Security Activities, as requested in the budget. Consistent 
with the request, the recommended amount includes: $10,400,000 
for network security enhancement; $8,400,000 for Internet 
gateway enhancements; and $4,200,000 to initiate the 
application integration for the single sign-on project. The 
Committee believes these are all vital investments necessary to 
ensure that a mature infrastructure is in place that meets the 
Departments needs. The Department is directed to continue to 
provide quarterly briefings to the Committee on the progress on 
implementing OneNet, and to include a scorecard on migration to 
Networx.

                        DATA CENTER DEVELOPMENT

    The Committee recommendation includes not less than 
$82,788,000 within Security Activities for data center 
development, as requested in the budget. This includes not less 
than $38,540,145 for power capabilities upgrades at Data Center 
One. According to the Secretary's response submitted following 
the Senate Appropriations, Subcommittee on Homeland Security 
hearing on May 13, 2009, the request includes funding for the 
following upgrades: $12,600,995 for Power Upgrade Phase II--
Upgrade Electrical Service, Entrance, Additional Switchgear, 
Expand Zones E and F to 2.8 Megavolt Amperes; $14,439,150 for 
Power Upgrade Phase III--Electrical upgrade, 5th UPS/zone, 2 
Additional Generators; $11,500,000 for Power Upgrade Phase IV--
Tier III Mechanical, 2 Additional Chillers, 4 Additional 
Generators.
    The Committee strongly supports the effort included in the 
request to move forward with data center consolidation. 
Consolidating services into two data centers will enable DHS to 
effectively monitor all IT systems for compliance while 
reducing the risk of vulnerabilities in information systems in 
a cost-effective and sustainable manner. As DHS pursues this 
effort, it is essential to simultaneously fill both centers, so 
that disaster recovery may be properly addressed. Disaster 
recovery shortfalls have been cited in two consecutive DHS 
Inspector General [IG] reports. As noted in the April 2009 
report ``DHS's Progress in Disaster Recovery Planning for 
Information Systems'', DHS addressed the recommendations from 
the 2005 IG report by allocating the funds needed to implement 
an enterprise-wide disaster recovery program for mission 
critical systems. ``Specifically, DHS has allocated funding and 
established two data centers as part of its strategy to 
mitigate disaster recovery deficiencies.'' In order to provide 
DHS with the necessary resources to continue rectifying these 
deficiencies, the Committee has included resources in the 
appropriate component accounts.
    Consistent with section 888 of Public Law 107-296, the 
Committee instructs the Department to implement the 
consolidation plan in a manner that shall not result in a 
reduction to the Coast Guard's Operations Systems Center 
mission or its Government-employed or contract staff levels. A 
general provision is included for this purpose.

                      HOMELAND SECURE DATA NETWORK

    Included in the amount recommended by the Committee is 
$47,661,000, as requested in the budget, for the Homeland 
Secure Data Network.

              FEDERAL INFORMATION SECURITY MANAGEMENT ACT

    The Committee continues to be concerned with departmental 
compliance with the Federal Information Security Management 
Act. The most recent scorecard provided to the Committee shows 
an overall B+ for the Department. While the Committee 
compliments the Department on this score, the following 
components all received F's: U.S. Customs and Border 
Protection, Domestic Nuclear Detection Office, Intelligence and 
Analysis, Office of Inspector General, Operations and 
Coordination, and Science and Technology. The CIO, accompanied 
by the appropriated component CIO, shall brief the Committee no 
later than 60 days after the date of enactment of this act on 
the Department's plan to improve these scores, including 
necessary resources.

                        Analysis and Operations

Appropriations, 2009....................................    $327,373,000
Budget estimate, 2010...................................     357,345,000
Committee recommendation................................     347,845,000

    The account supports activities to improve the analysis and 
sharing of threat information, including activities of the 
Office of Intelligence and Analysis [I&A] and the Office of 
Operations Coordination.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $347,845,000 for Analysis and 
Operations. This is an increase of $20,472,000 from the fiscal 
year 2009 level and a decrease of $9,500,000 from the budget 
request. The details of these recommendations are included in a 
classified annex accompanying this report.

                   DHS INTELLIGENCE EXPENDITURE PLAN

    The Secretary has failed to submit an expenditure plan for 
fiscal year 2009 mandated in the joint explanatory statement 
accompanying Public Law 110-329. This plan is an essential 
document to help the Committee assess whether the I&A is 
fulfilling its mission. The delay in submitting this plan as 
well as the required State and Local Fusion Center quarterly 
reports is unacceptable. This matter is addressed in the 
classified annex accompanying this act. The Committee requires 
the Secretary to submit an expenditure plan for fiscal year 
2010 no later than February 5, 2010.
    The plan shall include the following: (1) fiscal year 2010 
expenditures and staffing allotted for each program as compared 
to each of years 2008 and 2009; (2) all funded versus on-board 
positions, including FTE, contractors, and reimbursable and 
non-reimbursable detailees; (3) an explanation for maintaining 
contract staff in lieu of Government FTE; (4) a plan, including 
dates or timeframes for achieving key milestones, to reduce the 
office's reliance on contract staff in lieu of Federal FTE; (5) 
funding, by object classification, including a comparison to 
fiscal years 2008 and 2009; and (6) the number of I&A funded 
employees supporting organizations outside I&A and within DHS.

                     STATE AND LOCAL FUSION CENTERS

    The Committee directs the Department's Chief Intelligence 
Officer to continue quarterly updates to the Committees on 
Appropriations that detail progress in placing DHS intelligence 
professionals in State and local fusion centers. These reports 
shall include: the qualification criteria used by DHS to decide 
where and how to place DHS intelligence analysts and related 
technology; total Federal expenditures to support each center 
to date and during the most recent quarter of the current 
fiscal year, in the same categorization as materials submitted 
to the Committees on Appropriations on March 23, 2007; the 
location of each fusion center, including identification of 
those with DHS personnel, both operational and planned; the 
schedule for operational stand-up of planned fusion centers and 
their locations; the number of DHS-funded employees located at 
each fusion center, including details on whether the employees 
are contract or Government staff; the privacy protection 
policies of each center, including the number of facility 
personnel trained in Federal privacy, civil rights, and civil 
liberties laws and standards; and the number of local law 
enforcement agents at each center approved or pending approval 
to receive and review classified intelligence information.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

Appropriations, 2009....................................      $1,900,000
Budget estimate, 2010...................................       2,000,000
Committee Recommendation................................       2,000,000

    The Office of the Federal Coordinator for Gulf Coast 
Rebuilding was established to further strengthen Federal 
support for the recovery and rebuilding of the gulf coast 
region affected by Hurricane Katrina and Hurricane Rita.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $2,000,000 for the Office of the 
Federal Coordinator for Gulf Coast Rebuilding the same as the 
budget request level and $100,000 above the fiscal year 2009 
level. The Office is directed to remain open until at least the 
end of fiscal year 2009. The Office is directed to provide a 
fiscal year 2010 expenditure plan no later than November 30, 
2009. The expenditure plan should clearly articulate how the 
Office will proactively help the gulf coast, including 
supporting Federal agency cooperation, and promoting expedited 
housing solutions.
    The Committee encourages the Office of the Federal 
Coordinator for Gulf Coast Rebuilding 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.

                      Office of Inspector General

Appropriations, 2009\1\.................................     $98,513,000
Budget estimate, 2010...................................     127,874,000
Committee recommendation\2\.............................     115,874,000

\1\Excludes $16,000,000 made available from FEMA Disaster Relief in 
Public Law 110-329.
\2\Excludes $16,000,000 made available from FEMA Disaster Relief.

    This account finances the Office of Inspector General's 
activities, including audits, inspections, investigations and 
other reviews of programs and operations of the Department of 
Homeland Security to promote economy, efficiency, and 
effectiveness and to prevent and detect fraud, waste, and 
abuse.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $115,874,000 for the Office of 
Inspector General [OIG] for fiscal year 2010, $17,361,000 above 
the fiscal year 2009 level. In addition, the Committee includes 
bill language transferring $16,000,000 needed by the OIG for 
audits and investigations related to natural disasters from the 
Disaster Relief Fund [DRF]. The OIG is required to notify the 
Committee no less than 15 days prior to all transfers from the 
DRF. When combined, the recommendation exceeds the request by 
$4,000,000. Included in the funding are resources for U.S. 
Customs and Border Protection [CBP] revenue oversight.
    The Committee is pleased that the Secretary, pursuant to 
Public Law 110-161, established a direct link to the DHS OIG on 
the DHS website. The Committee directs the Secretary to update 
and maintain the website.

                          INTEGRITY OVERSIGHT

    Since fiscal year 2006, at Congress' initiative, U.S. 
Immigration and Customs Enforcement [ICE] has increased 
staffing 17 percent and CBP has increased staffing 33 percent. 
This is an increase of over 20,000 new agents. The Committee is 
concerned due to the rapid hiring in CBP and ICE that there is 
the potential for increased corruption. To avoid corruption and 
misconduct it is imperative that all agents, especially new 
hires, receive comprehensive training in ethics and public 
integrity. The OIG provides ethics training to all agencies and 
is in charge of investigating all allegations of criminal 
misconduct throughout the Department. It is essential that the 
OIG, CBP, and ICE work jointly and cooperatively to combat 
corruption. In order to prevent corruption and misconduct, the 
Committee provides the OIG with the necessary funding for 
investigations.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                                SUMMARY

    U.S. Customs and Border Protection is responsible for 
enforcing laws regarding admission of foreign-born persons into 
the United States, and ensuring that all goods and persons 
entering and exiting the United States do so legally.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends total resources of 
$11,601,990,000, including direct appropriations of 
$10,169,990,000 and estimated fee collections of 
$1,432,000,000.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                               U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                               enacted\1\      budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
    Salaries and Expenses\2\..............................         7,763,206         7,623,068         8,075,649
    Automation Modernization..............................           511,334           462,445           462,445
    Border Security Fencing Infrastructure, and Technology           875,000           779,452           800,000
     [BSFIT]\3\...........................................
    Air and Marine Interdiction, Operations, Maintenance,            528,000           505,826           515,826
     and Procurement......................................
    Construction and Facilities Management\4\.............           823,201           678,633           316,070
                                                           -----------------------------------------------------
      Total, Appropriations...............................        10,500,741        10,049,424        10,169,990
                                                           =====================================================
Estimated fee collections:
    Immigration inspection user fees......................           570,059           584,000           584,000
    Immigration enforcement fines.........................             3,331             5,000             5,000
    Land border inspection fees...........................            26,880            30,000            30,000
    COBRA fees............................................           410,666           393,000           393,000
    APHIS inspection fees.................................           333,433           320,000           320,000
    Puerto Rico Trust Fund................................            96,719            92,000            92,000
    Small airport user fee................................             7,057             8,000             8,000
                                                           -----------------------------------------------------
      Total, Estimated fee collections....................         1,448,145         1,432,000         1,432,000
                                                           =====================================================
      Total, U.S. Customs and Border Protection, Available        11,948,886        11,481,424        11,601,990
       Funding............................................
----------------------------------------------------------------------------------------------------------------
\1\Includes $680,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
\2\Includes $160,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for
  tactical communications and non-intrusive inspection equipment.
\3\Includes $100,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for
  border security technology.
\4\Includes $420,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for
  construction at ports of entry.

                         SALARIES AND EXPENSES

Appropriations, 2009\1\.................................  $7,763,206,000
Budget estimate, 2010...................................   7,623,068,000
Committee recommendation................................   8,075,649,000

\1\Includes $160,000,000 provided in the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5).

    The U.S. Customs and Border Protection [CBP] Salaries and 
Expenses appropriation provides funds for border security, 
immigration, customs, agricultural inspections, regulating and 
facilitating international trade, collecting import duties, and 
enforcing U.S. trade laws. In addition to directly appropriated 
resources, fee collections are available for the operations of 
CBP from the following sources:
    Immigration Inspection User Fees.--CBP collects user fees 
to fund the costs of international inspections activities at 
airports and seaports, as authorized by the Immigration and 
Nationality Act (8 U.S.C. 1356).
    Enforcement Fines.--CBP collects fines from owners of 
transportation lines and persons for unauthorized landing of 
aliens, as authorized by the Immigration and Nationality Act (8 
U.S.C. 1356).
    Land Border Inspections Fees.--CBP collects fees for 
processing applications for the Dedicated Commuter Lanes 
program, the Automated Permit Ports program, the Canadian 
Border Boat Landing program, and both Canadian and Mexican Non-
Resident Alien Border Crossing Cards, as authorized by the 
Immigration and Nationality Act (8 U.S.C. 1356).
    Consolidated Omnibus Budget Reconciliation Act [COBRA] 
Fees.--CBP collects fees for inspection services involving 
customs related functions. The COBRA user fee statutory 
authority (19 U.S.C. 58c) specifies the types of expenses to be 
reimbursed and the order for the reimbursement of these types 
of expenses.
    Animal and Plant Health Inspection Service Inspection 
Fees.--CBP receives as a transfer a distribution of agriculture 
inspection fees collected by the United States Department of 
Agriculture. The user fees, as authorized by the Food, 
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 
136), are charged to offset costs for the services related to 
the importation, entry, or exportation of animals and animal 
products.
    Puerto Rico Trust Fund.--Customs duties, taxes, and fees 
collected in Puerto Rico by CBP are deposited in the Puerto 
Rico Trust Fund. After providing for the expenses of 
administering CBP activities in Puerto Rico, the remaining 
amounts are transferred to the Treasurer of Puerto Rico 
pursuant to 48 U.S.C. sections 740 and 795.
    Small Airport User Fee.--The User Fee Airports Program 
authorized under 19 U.S.C. 58b and administered under 19 U.S.C. 
58c(b)(9)(A)(i), authorizes inspection services to be provided 
to participating small airports on a fully reimbursable basis. 
The fees charged under this program are set forth in a 
memorandum of agreement between the small airport facility and 
the agency, and may be adjusted annually as costs and 
requirements change.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $8,075,649,000 for salaries and 
expenses of U.S. Customs and Border Protection [CBP] for fiscal 
year 2010, including $3,226,000 from the Harbor Maintenance 
Trust Fund. Included in this amount is a decrease of 
$432,959,000 in termination of one-time costs, and an increase 
of $412,246,000 in annualizations of prior year funding, the 
fiscal year 2009 pay raise, and the fiscal year 2010 pay raise. 
The Committee includes bill language making available up to 
$150,000 for payment for rental space for preclearance 
operations; and $1,000,000 for payments to informants. The 
Committee also includes bill language placing a $35,000 annual 
limit on overtime paid to any employee, and making $1,700,000 
available until expended for the Global Advanced Passenger 
Information/Passenger Name Record program.

                     COMBATING SOUTHBOUND SMUGGLING

    Seizure data over the past 2 fiscal years demonstrate an 
increasing threat for weapons and currency smuggling outbound 
to Mexico. In fiscal year 2007, CBP initiated 353 southwest 
seizures totaling $13,700,000 in currency and 316 weapons. In 
fiscal year 2008, there were 450 outbound currency seizures 
totaling $12,500,000 and 257 weapons seizures. The President's 
budget request included a total of $45,834,000 and 254 
positions for new border security personnel and technology to 
further address this threat. This is an increase of $26,132,000 
and 125 positions over last year's level and includes 65 new 
CBP officers, 44 Border Patrol agents, and 16 support staff. It 
also expands CBP's license plate reader program to 58 outbound 
lanes on the Southwest border, to begin providing readers to 
all 110 outbound traffic lanes on the Southwest border.
    The Committee is pleased the budget proposes to expand CBP 
southbound border enforcement efforts to combat the smuggling 
of firearms and currency to Mexico, which in turn fuels the 
drug cartel violence and the pressure to increase smuggling of 
illegal drugs and aliens into this country. The Committee 
recommends $40,000,000, $13,868,000 above the amount requested 
in the budget, for this activity. The increase above the 
request will provide CBP with an additional 114 CBP positions 
to provide CBP with greater flexibility to expand southbound 
operations. The Committee also recommends an additional 
$40,000,000 to competitively procure additional non-intrusive 
inspection equipment. Of these funds, $20,000,000 shall be for 
equipment to be used by the Border Patrol in support of 
checkpoint operations and $20,000,000 shall be for equipment to 
be used by the Office of Field Operations at locations along 
the Southwest border. Prior to the obligation of these 
additional funds, the Committee directs the Secretary to submit 
an expenditure plan to the Committees on Appropriations not 
later than 60 days after the date of enactment.
    The Committee is pleased with the greatly enhanced working 
relationship that has been developed with the Government of 
Mexico and its border and customs law enforcement agencies as 
our two countries jointly battle the scourge of drug-related 
violence. The Committee encourages CBP and the other DHS 
components to explore and implement ways to expand on this 
relationship.

                          BORDER PATROL AGENTS

    Since Congress began increasing the size of the Border 
Patrol by funding the hiring of 500 new agents in the Emergency 
Supplemental Appropriations Act for Defense, the Global War on 
Terror, and Tsunami Relief, 2005 (Public Law 109-13), a total 
of 9,200 new Border Patrol agents, and attendant support 
positions, will have been funded and hired through the end of 
fiscal year 2009. The Congress strongly supports the Border 
Patrol mission of securing our borders and fully funds the 
fiscal year 2010 request.
    Included in the amount recommended by the Committee for 
``Border Security and Control'' is a total of $3,525,008,000, 
22,800 positions, and 22,774 FTE, $20,000,000 above the 
request. The amount above the request is for non-intrusive 
inspection equipment for use by the Border Patrol in doing 
southbound enforcement discussed earlier in this section. This 
is an increase of $98,553,000 over the fiscal year 2009 level. 
These funds provide the full funding necessary for 20,063 
Border Patrol agents and the attendant support positions, as 
compared with 12,349 agents on board at the beginning of fiscal 
year 2007.

              BORDER PATROL AGENTS ON THE NORTHERN BORDER

    As of April 25, 2009, there were 1,525 Border Patrol agents 
assigned to the Northern border. The Chief of the Border 
Patrol, working with the Northern border sector chiefs, has 
developed a staffing plan to increase the agents on the 
Northern border by the end of fiscal year 2010 to 2,212 Border 
Patrol agents. The Committee has been assured that this 
increase is attainable and will represent a 700 percent 
increase in manpower from pre-2001 staffing levels. The Border 
Patrol will continue to use the Border Patrol Agent Intern 
Program, fully funded relocations, the Voluntary Relocation 
Program, and the reinstatement of prior agents to meet this 
goal.
    The Committee is aware of the continued difficulty the 
Border Patrol is experiencing in recruiting agents to transfer 
to the Northern border. Agents have experienced difficulties 
selling houses on the Southern border and, in certain more 
remote Northern locations, there is a lack of infrastructure to 
support agents with young families. The Committee directs CBP 
and the Office of the Border Patrol to develop a strategy to 
address these issues and brief the Committee on its findings 
and requirements no later than 60 days after the date of 
enactment of this act.

                       MISSION SUPPORT PERSONNEL

    Operation Jump Start was a 2-year effort which involved the 
deployment of 6,000 National Guardsmen and women on the 
Southwest border to perform Border Patrol support activities 
while additional Border Patrol agents were hired. This 
permitted more Border Patrol agents to actually patrol the 
border. As discussed above, while the agent hiring targets will 
be met this year, CBP failed to aggressively hire mission 
support personnel during the same timeframe. Jump Start ended 
July 15, 2008, and with the loss of the National Guard's 
support, many agents have reverted to performing mission 
support activities. Congress has provided the resources to hire 
mission support personnel and the Committee directs CBP in the 
strongest terms possible to hire these individuals so that the 
Border Patrol agents can return to their proper role of 
securing the border.

                    CONDUCT AND INTEGRITY OVERSIGHT

    Over the last 4 years, CBP has hired over 14,000 new 
personnel, a 33 percent increase since fiscal year 2006. The 
Committee notes that CBP conducted a total of 606 internal 
affairs investigations in fiscal year 2007. That number jumped 
to 992 investigations the following fiscal year. To date this 
fiscal year, CBP has conducted 682 investigations. With a 
workforce of over 56,000 employees, of whom 40,000 are sworn 
law enforcement agents, 720 current and former employees have 
been arrested for criminal misconduct since October 1, 2006. Of 
these, 46 individuals have been arrested for mission critical 
corruption charges. In order to support long-term border 
security efforts and prevent internal fraud, the Committee 
believes it is important to keep in front of any possible 
increase in workforce fraud by hiring additional agents who 
will investigate cases of fraud and other illegal activities 
and to improve training. The Committee recommends a total of 
$20,742,000 and 76 FTE to train officers and agents and expand 
integrity investigations. This is an increase of $1,561,000, 
and 2 FTE over the fiscal year 2009 level, and $500,000 and 2 
FTE over the request. With these additional funds, a total of 
93 CBP personnel will be on-board and involved in conduct and 
integrity oversight by the end of fiscal year 2010.

                        AGRICULTURE SPECIALISTS

    The Committee notes that more than 1,800 agricultural 
specialists have joined CBP since fiscal year 2005. Also, more 
than 9,600 CBP officers have received basic agriculture 
training as part of CBP Integrated Training at the CBP Academy 
since fiscal year 2004. This training ensures that all CBP 
officers will be able to identify a potential agricultural or 
other anomaly and then refer it for secondary inspection. 
Additionally, follow-up training is provided in the field. The 
Committee notes the significant contribution made by these 
specialists to the safety of the Nation's food and agriculture 
systems and encourages the Department to provide the highest 
standards of training in detecting possible threats to the 
Nation's food supply for all CBP officers.

                  IMPORT SAFETY AND TRADE ENFORCEMENT

    The Committee notes that an Action Plan on Import Safety 
developed in support of Executive Order 13439 calls for an 
increase in staffing levels to carry out commercial operations 
and adequately staff priority trade areas. The Committee 
includes $9,340,000 and 103 positions, as requested by the 
President.

                   LAW ENFORCEMENT OFFICER RETIREMENT

    The Committee recommends $225,000,000, as requested, to 
fully fund the law enforcement officer retirement program for 
CBP officers enacted into law in section 535 of Public Law 110-
161.

                        AIR AND MARINE STAFFING

    Included in the amount recommended by the Committee is a 
total of $309,629,000, 2,015 positions, and 1,943 FTE. This 
represents an increase of $19,115,000, 144 positions, and 72 
FTE, above the fiscal year 2009 level, as requested in the 
budget. This includes 88 additional law enforcement and 56 
support personnel at our Northern, coastal, and Southeast/
Caribbean borders and builds on the Congress's multi-year 
effort to add resources to protect our land and marine borders.

                  WESTERN HEMISPHERE TRAVEL INITIATIVE

    The Western Hemisphere Travel Initiative [WHTI] became 
fully operational on June 1, 2009. In order to ensure that 
progress continues to be made on this program, the Committee 
recommends a total of $144,936,000 and 294 positions, as 
requested in the budget. This is an increase above the fiscal 
year 2009 level of $20,900,000, 89 positions, and 45 FTE. The 
Committee directs the Office of Policy to provide semiannual 
briefings on the status of WHTI implementation beginning no 
later than 30 days after the date of enactment of this act.

               SECURITY AND TARGETING SYSTEM ENHANCEMENTS

    The Committee notes the President's budget proposed 
increases to enhance various CBP security and targeting 
systems. The Committee includes $8,000,000, as requested, for 
cyber security and passenger information system upgrades, and a 
total of $26,355,000 and 153 positions, as requested, for 
personnel to analyze and employ information and intelligence. 
This is an increase of $2,848,000 and 22 positions over the 
fiscal year 2009 level for the last activity.

                         DATA CENTER MIGRATION

    As part of the Department-wide effort to assign data center 
migration funding to the component agencies which will be 
migrating, the Committee provides $33,650,000, in new funding 
to support CBP's portion of this activity in fiscal year 2010, 
$5,000,000 less than the request. The funds are reduced as not 
all of the proposed activities would be accomplished in fiscal 
year 2010.

                      UNACCOMPANIED ALIEN CHILDREN

    The Committee notes the request includes no additional 
funding for CBP's role in caring for and transporting 
unaccompanied alien children [UACs] to Office of Refugee 
Resettlement custody upon their apprehension by CBP officers or 
agents. The conference report accompanying the ``Supplemental 
Appropriations Act, 2009'' included $6,200,000 for CBP for this 
purpose based upon estimated increased UAC requirements 
resulting from the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (Public Law 110-457). 
While the Committee provides no additional funding for this 
activity for fiscal year 2010, the Committee directs CBP to 
report not later than March 31, 2010, on the actual fiscal year 
2009, and estimated fiscal year 2010, costs of care and 
transportation of UACs.

                          TECHNOLOGY OVERSIGHT

    The Committee recommends an additional $950,000, 9 
positions, and 5 FTE above the request for the Office of 
Information Technology for additional program oversight 
personnel for large information technology development 
programs. Without adequate oversight during the early phases of 
complex development programs, the Committee is concerned that 
programs can easily go off course, cost more, and take years 
longer than originally planned. The Automated Commercial 
Environment [ACE] development program is a prime example. With 
the additional resources provided, it is expected that CBP will 
devote three program control positions to oversight of ACE, 
three program control positions to TECS Modernization, and the 
remaining three positions to the Secure Border Initiative and 
Tactical Communications.

                      INTELLECTUAL PROPERTY RIGHTS

    The Committee believes 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 an IPR component 
as a part of the Importer Self Assessment program, and a 
timeline for expanding post audit review for IPR.
    CBP's on-line recordation process allows rights owners to 
electronically record their trademarks and copyrights with CBP, 
and makes IPR recordation information readily available to CBP 
personnel, facilitating IPR seizures by CBP. CBP uses this 
recordation information to actively monitor shipments and 
prevent the importation or exportation of infringing goods. CBP 
allows rights owners who have registered trademarks with the 
Office of Patent and Trademark [PTO] and copyrights with the 
Office of Copyright [CO] to record their rights with CBP.
    While CBP enforces both recorded and non-recorded 
trademarks and copyrights, enforcement of recorded trademarks 
and copyrights takes precedence over those that are not 
recorded with CBP. Given the precedence that CBP places on 
recorded trademarks and copyrights, it is disturbing that CBP 
has accomplished so little in establishing electronic links 
between the systems maintained by the PTO and the CO to ease 
the recordation process for trademark and copyright holders. 
Therefore, from within the ``Salaries and Expenses'' account 
request for the Office of Information Technology, $3,000,000 is 
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. Further, CBP is directed to submit to the Committees 90 
days after the date of enactment of this act, a schedule with 
major milestones for the project.

                           COMPLIANCE REVIEWS

    CBP is directed to submit by December 15, 2009, a report on 
compliance reviews conducted on bonded warehouses and foreign 
trade zones. The report should include: the frequency of 
reviews, percentage of warehouses and trade zones reviewed each 
year, types of reviews conducted, and the frequency of adverse 
actions.

                   CONTROL OF INVASIVE PLANT SPECIES

    CBP shall provide semi-annual briefings to the Committee on 
the progress made in implementing the strategy contained in the 
Plan to Control Invasive Plant Species Along the Rio Grande 
(June 2, 2009), until the completion of the strategy.

               ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION

    The Committee is concerned that the President's request 
does not reference the need to continue to expand the 
Electronic System for Travel Authorization [ESTA] program in 
order to ensure that the airlines are fully participating in 
the program. ESTA, authorized by the 9/11 Act, was developed in 
order to address a weakness in our immigration control system 
that could be exploited by terrorists: the fact that 
individuals from Visa Waiver Program [VWP] nations are not 
screened until they arrive at U.S. airports. However, because 
the airlines are currently not participating in the program, 
CBP has no way to ensure that individuals boarding airplanes 
from Visa Waiver nations have been authorized to travel using 
the ESTA system.
    The Committee directs DHS to submit a strategic plan within 
90 days of enactment to the Committee on Appropriations, the 
Committee on Homeland Security and Governmental Affairs, and 
the Committee on the Judiciary for fully implementing the ESTA 
system to ensure that all individuals traveling to the United 
States from Visa Waiver nations have their travel authorization 
verified prior to boarding an airplane. The strategic plan will 
include a detailed timeline with the specific actions that will 
be taken to achieve the following milestones:
  --Enrolling all travelers from VWP nations into the program;
  --Incorporating the airlines into the ESTA program;
  --Deploying ESTA technology to all VWP originating airports, 
        either through the use of standalone kiosks or through 
        the participation of the airlines;
  --Verifying the travel authorizations of all VWP travelers 
        prior to their boarding an airplane for the United 
        States; and
  --Making the program entirely fee-funded.
    The ESTA strategic plan should also include an analysis of 
the ESTA communications strategy and should make 
recommendations for how this strategy can be improved to ensure 
that all travelers in VWP nations are aware of the ESTA 
requirements. This plan should also review ESTA's 
administrative placement within DHS, its relationship with the 
VWP office and US-VISIT, and make specific recommendations 
about how these relationships could be improved and whether 
merging the office with one of these components could generate 
efficiencies.

                         FACILITIES MANAGEMENT

    The Committee does not include the proposed consolidation 
of facilities management in a separate account as requested in 
the budget. In order to allow CBP more flexibility to address 
rent management, all funds for rent are consolidated within the 
``Headquarters Management and Administration at the Ports of 
Entry'', and ``Headquarters Management and Administration 
between the Ports of Entry'' PPAs. Further, all funds for lease 
acquisition are consolidated within the ``Construction and 
Facilities Management'' account.
    Over time, the PPA structure for CBP, ``Salaries and 
Expenses'' has not always met the needs of the Congress for 
detailed oversight. CBP is directed to submit a report with the 
fiscal year 2011 President's budget on a new PPA structure and 
a detailed office by office expenditure plan. Taken together 
these should provide greater detail on the funding of CBP.
    The Committee recognizes that passenger vehicle and 
commercial traffic at the Santa Teresa port of entry have 
significantly increased, and encourages CBP to extend 
commercial hours of operation at the port to midnight Monday 
through Friday and to increase passenger vehicle hours of 
operations to 24/7 daily.

                          VEHICLE REPLACEMENT

    The Committee is disappointed that the President's budget 
request falls more than $59,000,000 and 1,210 vehicles short of 
meeting the 20 percent vehicle replacement requirement called 
for in CBP's April 30, 2007, Vehicle Fleet Management Plan. 
That plan recognized that CBP needs to institute a 5-year fleet 
replacement cycle. Given the rugged terrain and extreme 
conditions in which many CBP officers and agents work, this is 
a safety as well as a management issue. The Committee directs 
the Department to include in the fiscal year 2011 budget 
submission sufficient funds as well as a plan to replace, at a 
minimum, 20 percent of the vehicle fleet on an annual basis.

    UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY 
                          (INCLUDING 10-PRINT)

    The Committee is a strong supporter of the United States 
Visitor and Immigrant Status Indicator Technology [US-VISIT] 
program and recognizes the benefits it has brought to CBP's 
ability to inspect international visitors at the Nation's ports 
of entry while improving national security at the same time. 
Since fiscal year 2003, US-VISIT has provided funding to CBP 
for information technology operations and maintenance. 
Beginning in fiscal year 2009, CBP has requested funding for 
operations and maintenance of US-VISIT within its budget. 
Consistent with the budget, this increase to CBP will provide 
functionality critical to both US-VISIT and CBP in securing 
entry to the United States at the ports of entry and providing 
entry and exit information regarding aliens. The Committee 
recommends $64,100,000, as requested in the budget, for this 
activity.

                        ADVANCED TRAINING CENTER

    Included in the amount recommended by the Committee is 
$30,300,000, as proposed in the budget, to operate, equip, and 
provide training at the Advanced Training Center.
    Pursuant to Public Law 106-246, the training to be 
conducted at the Center shall be configured in a manner so as 
to not duplicate or displace any Federal law enforcement 
program of the Federal Law Enforcement Training Center [FLETC]. 
Training currently being conducted at a FLETC facility shall 
not be moved to the Center.

            ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT

    The Committee has 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; 120 Stat. 154).
    The Committee directs 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 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 
other relevant agencies, including the Secretaries of Treasury 
and Commerce, should also advise as to whether CBP can adjust 
its bonding requirements to further protect revenue without 
violating U.S. law or international obligations, and without 
imposing unreasonable costs upon importers.
    The Committee further directs the Secretary to work with 
the Secretary of Commerce to identify opportunities for the 
Commerce Department to improve the timeliness, accuracy, and 
clarity of liquidation instructions sent to CBP. Increased 
attention and interagency coordination in these areas could 
help ensure that steps in the collection of duties are 
completed in a more expeditious manner.

                           AGRICULTURAL PESTS

    The Committee notes Hawaii's globally significant natural 
environment, as well as the State's important diversified 
agricultural industry, are uniquely vulnerable to the 
introduction of invasive weeds, animals, insects, and diseases. 
The Committee expects the Department to work with the USDA and 
the Hawaii Department of Agriculture to share information and 
expertise to ensure their respective inspection and quarantine 
activities provide coordinated and collaborative biosecurity 
protection for the State.

                        OUTER CONTINENTAL SHELF

    CBP is charged with enforcement of the U.S. cabotage laws. 
By virtue of the Outer Continental Shelf Lands Act [OCSLA] (as 
amended through Public Law 106-580, December 29, 2000), the 
coastwise laws apply to marine transportation between points 
and places in the United States, including on the Outer 
Continental Shelf [OCS]. There will continue to be significant 
advances in current offshore energy exploration and production 
technology aimed at providing more efficient production in 
areas where OCS development occurs, while at the same time, 
changing the face of what offshore production once looked like. 
It is thus important that CBP interpret and apply OCLSA 
correctly.
    The prospect of renewable energy development on the OCS 
continues to show promise as a means of meeting our Nation's 
energy demand. Some of this development will probably occur on 
the seabed. It is imperative that CBP ensures that the benefits 
granted to the U.S. maritime industry under laws established by 
Congress are recognized and enforced with respect to any 
maritime transportation to and from the United States to such 
installations.

                       COMMITTEE RECOMMENDATIONS

    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                            U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                   Fiscal year
                                                                   Fiscal year     2010 budget      Committee
                                                                  2009 enacted       request     recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses:
    Headquarters Management and Administration:
        Management and administration, border security                  646,608         522,825          695,294
         inspections and trade facilitation....................
        Management and administration, border security and              622,550         497,675          723,919
         control between port of entry.........................
        Emergency Appropriations (Public Law 111-5)............          60,000  ..............  ...............
                                                                ------------------------------------------------
          Subtotal, Headquarters Management and Administration.       1,329,158       1,020,500        1,419,213
                                                                ================================================
    Border security inspections and trade facilitation at ports
     of entry:
        Inspections, trade and travel facilitation at ports of        2,093,988       2,255,210        2,269,078
         entry.................................................
        Harbor maintenance fee collections (trust fund)........           3,154           3,226            3,226
        International Cargo Screening..........................         149,450         165,421          165,421
        Other international programs...........................          10,984          11,181           11,181
        Customs Trade Partnership Against Terrorism............          64,496          62,612           62,612
        Trusted Traveler Program (formerly Free and Secure               11,274          11,274           11,274
         Trade [FAST]/NEXUS/SENTRI)............................
        Inspection and detection technology investments........         145,944         143,563          163,563
        Emergency Appropriations (Public Law 111-5)............         100,000  ..............  ...............
        Systems for targeting..................................          32,550          32,560           32,560
        National Targeting Center..............................          24,481          26,355           26,355
        Training...............................................          24,778          24,778           24,778
                                                                ------------------------------------------------
          Subtotal, border security inspections and trade             2,721,099       2,736,180        2,770,048
           facilitation at ports of entry......................
                                                                ================================================
Border security and control between ports of entry:
    Border security and control................................       3,426,455       3,505,008        3,525,008
    Training...................................................          74,815          51,751           51,751
                                                                ------------------------------------------------
      Subtotal, border security and control between ports of          3,501,270       3,556,759        3,576,759
       entry...................................................
                                                                ================================================
Air and Marine operations, personnel compensation and benefits.         271,679         309,629          309,629
                                                                ------------------------------------------------
      Total, Salaries and Expenses.............................       7,763,206       7,623,068        8,075,649
                                                                ================================================
      Appropriations...........................................       7,603,206       7,623,068        8,075,649
      Emergency Appropriations (Public Law 111-5)..............         160,000  ..............  ...............
----------------------------------------------------------------------------------------------------------------

                        AUTOMATION MODERNIZATION

Appropriations, 2009....................................    $511,344,000
Budget estimate, 2010...................................     462,445,000
Committee recommendation................................     462,445,000

    The automation modernization account includes funds for 
major information technology systems and services for U.S. 
Customs and Border Protection [CBP], including the Automated 
Commercial Environment [ACE] and the International Trade and 
Data System projects, and connectivity of and integration of 
existing systems.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $462,445,000, to be available 
until expended, as proposed in the budget, for automation 
modernization. The Committee is disappointed the request 
reduced the resources available to ACE from the fiscal year 
2009 level. However, in light of the continued problems with 
program oversight, management, and development, the Committee 
agrees the reduction is appropriate and believes that CBP 
should take this opportunity to address and resolves these 
problems.

                    INTERNATIONAL TRADE DATA SYSTEM

    Included in the amount recommended is $16,000,000 for the 
International Trade Data System.

                            EXPENDITURE PLAN

    The Committee is pleased with the level of detail and 
discipline which has been displayed in recent ACE expenditure 
plans. The Committee includes bill language making not less 
than $167,960,000 available for development of ACE upon the 
submission of a comprehensive expenditure plan for the program. 
The Committee also expects to continue receiving the ACE 
quarterly reports.

                           TECS MODERNIZATION

    The Committee is pleased that the TECS (formerly the 
Traveler Enforcement and Compliance System) modernization 
program, conducted jointly with ICE, is proceeding effectively. 
The Committee directs CBP and ICE to continue to conduct the 
semiannual joint briefings for the Committee.

                        COMMITTEE RECOMMENDATION

    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                            AUTOMATION MODERNIZATION
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Automated Commercial Environment/International Trade Data            316,851           267,960           267,960
 System [ITDS]............................................
Automated commercial system and current operations and               194,483           194,485           194,485
 processing support.......................................
                                                           -----------------------------------------------------
      Total, Automation modernization.....................           511,334           462,445           462,445
----------------------------------------------------------------------------------------------------------------

        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

Appropriations, 2009\1\.................................    $875,000,000
Budget estimate, 2010...................................     779,452,000
Committee recommendation................................     800,000,000

\1\Includes $100,000,000 provided in the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5).

    The Border Security, Fencing, Infrastructure, and 
Technology account funds the capital procurement and total 
operations and maintenance costs associated with fencing, 
infrastructure, sensors, surveillance, and other technology.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $800,000,000, and 200 FTE, 
$20,548,000 above the request, for this activity. These 
additional funds shall be used to expedite the P25 tactical 
communications modernization plan to the next Border Patrol 
sector in the plan as well as further the technology design 
planning efforts for Secure Border Initiative [SBI] activities 
in Arizona. The Committee expects that the tactical 
communications program will continue to be evaluated and 
coordinated with the Office of Information Technology funded in 
``Salaries and Expenses''. The expenditure plan for the use of 
the recommended $800,000,000 shall provide specific details for 
these additional activities as well as an evaluation of 
opportunities to add key technology development and 
demonstrations for the launch of Block 2 of the SBI plan.

                        SECURE BORDER INITIATIVE

    The Committee continues to strongly support SBI and the 
multi-faceted approach of securing our borders via a web of 
pedestrian fencing, tactical infrastructure, vehicle barriers, 
ground sensors, and cameras, in addition to more Border Patrol 
agents and increased enforcement of our immigration laws. 
Focusing on only one of these critical tasks is a recipe for 
failure. By providing $800,000,000 for fiscal year 2010, when 
combined with the total of $875,000,000 appropriated to this 
account in fiscal year 2009, the Committee will have provided 
over $4,088,017,000 for border security fencing, 
infrastructure, and technology since fiscal year 2007. Included 
in the recommendation is $40,000,000 for Northern Border 
Technology as requested.
    Since fiscal year 2006 through the end of May 2009, CBP has 
increased the miles of Southwest border under effective control 
from 345 to 697. The Committee supports the Secretary's 
continued reconsideration and evaluation of the proper mix of 
tactical infrastructure, including physical fencing, and 
technology that will best meet the operational requirements of 
the Border Patrol to efficiently and effectively obtain control 
of our borders. Additionally, the Committee provides the 
Secretary with the flexibility to determine the proper mix and 
location of these border security activities along the Nation's 
borders--Northern, Southern, and maritime. Again, we must 
remind all of those involved in this effort, those who would do 
us harm will seek entry through other, less secure parts of our 
border after tightening security in one location.
    The Committee is pleased the new administration is 
continuing to support securing the border through the proven 
triumvirate of fencing and tactical infrastructure, technology, 
and boots on the ground. The new SBI Program Management Office 
team has taken a second look at the technology projects and is 
holding the contractors and other developers to higher 
standards. These efforts have pushed back the deployment 
schedule somewhat, but it is important to get it done right.

                      MOBILE SURVEILLANCE SYSTEMS

    The Committee is aware of the problems encountered in the 
field with the Mobile Surveillance Systems [MSS] and encourages 
CBP to ensure that the next generation of MSSs acquired are 
fully ruggedized and ready to withstand high tempo operations 
in extreme environments.

                            EXPENDITURE PLAN

    The Committee understands that the new administration 
needed to take a fresh look at how the current fiscal year's 
funds were being allocated which resulted in a delay in 
delivering the legislatively mandated expenditure plan to 
Congress. However, the Committee expects a timely submission of 
the plan mandated in this bill. It is the responsibility of 
CBP, the Department, and the Office of Management and Budget to 
ensure expenditure plans, when submitted, comply with the law.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                             BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Development and deployment................................           505,000           494,000           514,548
Operations and maintenance................................           150,000           200,000           200,000
Program management........................................           120,000            85,452            85,452
    Emergency Appropriations (Public Law 111-5)...........           100,000  ................  ................
                                                           -----------------------------------------------------
      Total, Border Security Fencing, Infrastructure, and            875,000           779,452           800,000
       Technology.........................................
----------------------------------------------------------------------------------------------------------------

 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

Appropriations, 2009....................................    $528,000,000
Budget estimate, 2010...................................     505,826,000
Committee recommendation................................     515,826,000

    The U.S. Customs and Border Protection [CBP] Air and Marine 
Interdiction, Operations, Maintenance, and Procurement [AMO] 
account funds the capital procurement and total operations and 
maintenance costs of the CBP air and marine program and 
provides support to other Federal, State, and local agencies.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $515,826,000, to remain available 
until expended, for air and marine interdiction, operations, 
maintenance, and procurement.
    The Committee strongly supports CBP's efforts to 
recapitalize its air and marine assets. Since fiscal year 2005, 
the Congress has appropriated over $3,074,000,000 to this 
account. Chief among these efforts has been the establishment 
of five northern border air branches located at strategic 
locations along the border, the operational testing and 
procurement of unmanned aerial systems in the desert Southwest, 
as well as the testing of these systems in the maritime 
environment and the expansion of their use on the northern 
border, and the new focus on a robust marine program, both 
coastal and riverine. Certain gaps remain to be filled, such as 
facilities improvements at smaller air locations and expansion 
of the marine program to additionally planned locations, but 
progress is being made. The Committee notes the difficulty in 
procuring certain types of aircraft and other air systems 
because of the need to compete with the Department of Defense 
for these systems in a time of war, but AMO has been creative 
in its use of multi-purchase awards and deserves to be 
commended.

                             MARINE VESSELS

    Included in the amount recommended by the Committee is a 
total of $16,500,000, an increase of $10,000,000 above the 
request, for the competitive procurement of additional marine 
vessels, including interceptors, coastal enforcement craft, and 
riverine vessels. Prior to the obligation of these additional 
funds, the Committee directs the Secretary to submit an 
expenditure plan to the Committees on Appropriations not later 
than 60 days after the date of enactment. Since 2007, combined 
with these additional resources, air and marine will have 
increased its marine and riverine assets by 89 vessels toward a 
revised strategic investment plan for 253 vessels.

                        UNMANNED AERIAL SYSTEMS

    The Committee notes the important role that CBP's unmanned 
aerial systems [UAS] play in securing our borders. CBP has 6 
operational UAS's, with one more to be purchased before the end 
of fiscal year 2009, and plans to expand UAS operations into 
the maritime drug source and transit zones before the end of 
this fiscal year. The Committee strongly supports this program 
and has included a general provision, as requested, directing 
the Secretary to consult with the Secretaries of Defense and 
Transportation to continue the development of a concept of 
operations for UASs in U.S. airspace that was begun during the 
current fiscal year.

                       P-3 SERVICE LIFE EXTENSION

    The Committee funds the request for two additional P-3 
maritime patrol aircraft wing sets as part of the ongoing P-3 
service life extension program. The Committee notes that these 
aircraft play a major role in our Nation's drug and migrant 
interdiction effort and is pleased to learn that 9 P-3s will be 
in operation by the end of this fiscal year and a total of 11 
P-3s will be in operation by the end of fiscal year 2010.

                       COMMITTEE RECOMMENDATIONS

    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                      AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Operations and maintenance................................           380,022           374,217           374,217
Procurement...............................................           147,978           131,609           141,609
                                                           -----------------------------------------------------
      Total, Air and Marine Interdiction, Operations,                528,000           505,826           515,826
       Maintenance, and Procurement.......................
----------------------------------------------------------------------------------------------------------------

                 CONSTRUCTION AND FACILITIES MANAGEMENT

Appropriations, 2009\1\.................................    $823,201,000
Budget estimate, 2010\2\................................     678,633,000
Committee recommendation................................     316,070,000

\1\Includes $420,000,000 provided in the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5).
\2\The budget proposes a new ``Facilities Management'' account into 
which all CBP construction, GSA rent, and program management would be 
funded.

    This appropriation provides funding to plan, construct, 
renovate, equip, and maintain buildings and facilities 
necessary for the administration and enforcement of the laws 
relating to immigration, customs, and alien registration.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $316,070,000 for construction and 
facilities management activities of U.S. Customs and Border 
Protection [CBP], to be available until expended.

                         FACILITIES MANAGEMENT

    The Committee does not include the proposed consolidation 
of facilities management in a separate account. In order to 
allow CBP more flexibility in addressing rent management, all 
funds for rent are consolidated within the ``Headquarters 
Management and Administration at the Ports of Entry'', and 
``Headquarters Management and Administration between the Ports 
of Entry'' PPAs. Further, all funds for construction, planning, 
renovation, equipping and maintaining buildings and facilities, 
tunnel remediation, and lease acquisition are consolidated 
within ``Construction and Facilities Management''.

                        ADVANCED TRAINING CENTER

    The Committee provides $5,955,000, as requested in the 
budget, for maintenance, repairs, and operations activities for 
the Advanced Training Center [ATC]. The Committee also 
recommends $39,700,000 to equip, furnish, and expand the 
Leadership Academy as envisioned in the ATC Master Plan which 
was submitted to the Committee on April 4, 2007, by the 
Department of Homeland Security Under Secretary for Management. 
The ATC opened in September 2005. It provides advanced training 
to more than 3,200 CBP law enforcement personnel, managers, and 
supervisors per year and will train approximately 4,000 per 
year by the end of 2010.

                 BORDER FACILITIES CONSTRUCTION BACKLOG

    The Congress provided a total of $720,000,000 in the 
Stimulus Act to address the more than $6,500,000,000 backlog in 
port of entry [POE] construction. Additionally, Congress has 
appropriated more than $597,220,000 in construction funds to 
address the Border Patrol's requirements for more space 
resulting from the significant increase in agents in the past 5 
years. The Committee is disappointed that no new construction 
projects were requested in the budget. These ports are vital to 
the Nation's economy and imports from Mexico and Canada 
entering through these facilities was more than 
$570,000,000,000 in fiscal year 2008 and represents 
approximately 25 percent of all imports into the United States. 
There are many land border POEs and Border Patrol stations 
which require near-term expansion and upgrades. The Committee 
directs CBP to submit a revised construction plan no later than 
60 days after the date of enactment of this act. The plan shall 
include updates on the use of the funds provided in this act, 
as well as prior years' acts, for construction projects CBP-
wide.
    The Committee is disappointed that CBP, GSA, and OMB had 
ample time to produce and submit with the budget the 5-year 
construction plan for land border POE construction mandated in 
the fiscal year 2009 act, yet failed to do so. The Committee 
again has included bill language requiring CBP, in consultation 
with GSA, to include the 5-year construction plan with the 
fiscal year 2011 request. The plan shall include a yearly 
update of total projected future funding needs.
    The Committee directs the Department to continue to work 
with the GSA on its nationwide strategy to prioritize and 
address the infrastructure needs at land border POEs and to 
comply with the requirements of the Public Buildings Act of 
1959 (40 U.S.C. 3301) to seek necessary funding.
    The Committee further directs the Department to encourage 
the use of small businesses in all phases of the contracting 
process for construction and renovation of POEs.

                       BORDER PATROL CONSTRUCTION

    The Committee notes that, as a result of an operational 
decision made by the Border Patrol, no funds have been 
requested in the budget for site, design, or construction of 
permanent checkpoints on the northern border.

                       COMMITTEE RECOMMENDATIONS

    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                     CONSTRUCTION AND FACILITIES MANAGEMENT
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Fiscal year
                                                                 Fiscal year      2010 budget       Committee
                                                                 2009 enacted       request      recommendations
----------------------------------------------------------------------------------------------------------------
Major Construction...........................................          256,286  ...............  ...............
Air and Marine Facilities....................................           16,600  ...............  ...............
Housing......................................................           15,000  ...............  ...............
CBP Owned Land Ports of Entry................................           10,000  ...............  ...............
Advanced Training Center.....................................           39,700  ...............  ...............
Operations and Maintenance...................................           17,600  ...............  ...............
Repairs and Alterations......................................           24,400  ...............  ...............
Lease Acquisition............................................           21,600  ...............  ...............
Planning.....................................................            2,015  ...............  ...............
Facilities Construction and Sustainment:
    Major Construction.......................................  ...............  ...............           39,700
    Maintenance, Repairs, and Operations.....................  ...............          111,320          111,320
    Alterations--Includes Alterations for Leased Space.......  ...............           84,837           84,837
    HQ Mission Support--Includes Leased Space................  ...............           35,456           35,456
    Tunnel Remediation.......................................  ...............            7,744            7,744
Program Oversight and Management.............................  ...............           37,013           37,013
Rent.........................................................  ...............          402,263  ...............
Emergency Appropriations (Public Law 111-5)..................          420,000  ...............  ...............
                                                              --------------------------------------------------
      Total, Construction and Facilities Management..........          823,201          678,633          316,070
----------------------------------------------------------------------------------------------------------------

                U.S. Immigration and Customs Enforcement


                                SUMMARY

    U.S. Immigration and Customs Enforcement is responsible for 
enforcing immigration and customs laws, detaining and removing 
deportable or inadmissible aliens, and providing security of 
Federal buildings and property.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends total resources of $5,749,900,000, 
including direct appropriations of $5,445,100,000, and 
estimated fee collections of $304,800,000.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                            U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--FUNDING SUMMARY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                             enacted   budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
    Salaries and expenses.................................         4,927,210         5,348,000         5,360,100
    Automation modernization..............................            57,000           110,000            85,000
    Emergency Appropriations (Public Law 111-5)...........            20,000  ................  ................
    Construction..........................................             5,000  ................  ................
                                                           -----------------------------------------------------
      Total, Appropriations...............................         5,009,210         5,458,000         5,445,100
                                                           =====================================================
Estimated Fee Collections:
    Immigration inspection user fees......................           119,000           109,800           109,800
    Student exchange visitor program fees.................           120,000           120,000           120,000
    Immigration breached bond/detention fund..............            60,000            75,000            75,000
    Federal Protective Service\1\.........................           640,000  ................  ................
                                                           -----------------------------------------------------
      Total, Estimated fee collections....................           939,000           304,800           304,800
                                                           =====================================================
      Total, Available funding............................         5,948,210         5,762,800         5,749,900
                                                           =====================================================
      Appropriations......................................         4,989,210         5,458,000         5,445,100
      Emergency Appropriations (Public Law 111-5).........            20,000  ................  ................
----------------------------------------------------------------------------------------------------------------
\1\Fully funded by offsetting collections paid by General Services Administration tenants and credited directly
  to this account. The budget proposes to transfer this activity to the National Protection and Programs
  Directorate.

                         SALARIES AND EXPENSES

Appropriations, 2009....................................  $4,927,210,000
Budget estimate, 2010...................................   5,348,000,000
Committee recommendation................................   5,360,100,000

    The U.S. Immigration and Customs Enforcement [ICE] Salaries 
and Expenses account provides funds for the enforcement of 
immigration and customs laws, intelligence, and detention and 
removals. In addition to directly appropriated resources, 
funding is derived from the following offsetting collections:
    Immigration Inspection User Fees.--ICE derives funds from 
user fees to support the costs of detention and removals in 
connection with international inspections activities at 
airports and seaports, as authorized by the Immigration and 
Nationality Act (8 U.S.C. 1356).
    Student Exchange Visitor Program Fees.--ICE collects fees 
from foreign students, exchange visitors, and schools and 
universities to certify and monitor participating schools, and 
to conduct compliance audits.
    Immigration Breached Bond/Detention Fund.--ICE derives 
funds from the recovery of breached cash and surety bonds in 
excess of $8,000,000 as authorized by the Immigration and 
Nationality Act (8 U.S.C. 1356); and from a portion of fees 
charged under section 245(i) of the Immigration and Nationality 
Act to support the cost of the detention of aliens.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $5,360,100,000, for salaries and 
expenses of U.S. Immigration and Customs Enforcement [ICE] for 
fiscal year 2010. This includes decreases from the fiscal year 
2009 level of $150,000,000 for 2-year availability for Secure 
Communities and total increases from the fiscal year 2009 level 
of $272,740,000 for pay, annualizations, transfers, and other 
increases, as proposed in the budget.
    The Committee includes bill language placing a $35,000 
limit on overtime paid to any employee; making up to $7,500,000 
available for special operations; making up to $1,000,000 
available for the payment of informants; making up to 
$11,216,000 available to reimburse other Federal agencies for 
the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens; making not less than 
$305,000 available for promotion of public awareness of the 
child pornography tipline and anti-child exploitation 
activities; making not less than $5,400,000 available to 
facilitate agreements consistent with section 287(g) of the 
Immigration and Nationality Act; limiting the use of funds for 
facilitating agreements consistent with section 287(g) of the 
Immigration and Nationality Act to the same activities funded 
in fiscal year 2005; making $15,770,000 available for 
activities to enforce laws against forced child labor, of which 
$6,000,000 shall remain available until expended and making 
$6,800,000 available until expended for the Visa Security 
Program.

                SOUTHWEST BORDER ENFORCEMENT INITIATIVE

    The budget proposes a new Southwest Border Enforcement 
Initiative of $70,000,000, 349 positions, and 176 FTE, to 
enhance current efforts to identify criminal activities and 
eliminate vulnerabilities that pose a threat to our Nation's 
borders. This effort is acutely focused on our Southwest border 
with Mexico where the level of drug cartel violence has 
increased substantially since the Government of Mexico began to 
aggressively combat the drug trafficking organizations 
threatening Mexico and the Americas. More than 7,200 
individuals have been killed in Mexico and the U.S. Deputy 
Attorney General testified on March 25, 2009, that drug cartels 
have become the number one organized crime threat in America. 
The Department of Justice's December 2008 ``National Drug 
Threat Assessment, 2009'' stated that these cartels have 
infiltrated 230 cities across the country.
    In support of the Mexican Government's actions and to 
respond to this violence and prevent its spilling over into the 
United States, the administration has taken significant steps 
to send additional personnel and resources both to the 
Southwest border as well as the Government of Mexico. The 
Department of Homeland Security redirected $184,000,000 in 
existing resources to send more Border Patrol agents and other 
security personnel to conduct outbound examinations of vehicle 
and containers to stem the smuggling of weapons and cash which 
support the cartels. Additionally, the conference report 
accompanying the ``Supplemental Appropriations Act, 2009'' 
provides $55,000,000 to ICE and $40,000,000 to CBP in new 
funding to support these efforts.
    These funds will be used to increase enforcement at ICE's 
Border Enforcement Security Task Forces [BESTs] targeting 
human, contraband, weapons, and bulk cash smuggling as well as 
investigations related to benefit fraud, money laundering, and 
identity theft, with a focus on terrorist groups, criminal 
aliens, and gangs. They will also be used to hire more criminal 
investigators within the Office of International Affairs and 
significantly expand Office of Intelligence operations with 90 
new Intelligence Officers to support the BESTs, the Border 
Field Intelligence Groups, and the Border Violence Intelligence 
Cell at the El Paso Intelligence Center.
    The Committee recommends an additional $45,000,000, 230 
positions, and 119 FTE, above the request to further build upon 
this effort. Specifically, $20,000,000 is for additional 
support to the Southwest border and seaport BESTs. An 
additional $20,000,000 is for support for counter-proliferation 
and gang investigations. These funds would be focused on 
expanding ``Operation Armas Cruzadas'' which focuses on 
identifying and disrupting illicit trans-border activities 
which support weapons smuggling networks, both across the 
border with Mexico as well as global weapons smuggling 
networks. The funding for gang investigations would be directed 
at disrupting and dismantling transnational street gangs, 
encountered in the course of ICE investigations, which 
distribute drugs in the U.S. supplied by Mexican drug 
trafficking organizations. Gangs such as MS-13, Latin Kings, 
Surenos, and 18th Street potentially put at peril the lives of 
U.S. citizens. Finally, $5,000,000 is provided to augment bulk 
cash smuggling investigations and will provide enhanced 
training, investigations, and interdiction operations. Bulk 
cash illicitly crossing the border is laundered and supports a 
wide network of terrorists, narcotics smugglers, and human 
traffickers involved in transporting aliens into the United 
States illegally, abetting child sex tourism, and human 
slavery.
    These funds will also assist DHS in implementing its part 
of the President's multi-agency ``National Strategy to Reduce 
Drug Trafficking and Flow of Bulk Cash and Weapons across the 
Southwest Border'' announced on June 5, 2009.
    The Committee is aware that the Department of Justice's 
[DOJ] ``Operation Gunnrunner'' complements in many ways ICE's 
``Operation Armas Cruzadas''. The use of ballistics technology 
and other methods to trace crime guns can assist in weapons 
smuggling investigations and tracking. The Committee urges ICE 
to work with DOJ on these investigations and to consider using 
the National Ballistics Information Network in this effort.

                       ICE ENFORCEMENT PRIORITIES

    Over the past 2 years, Congress has emphasized that ICE has 
multiple immigration enforcement priorities. Among the 
priorities identified by Congress are conducting worksite 
enforcement investigations and identifying foreign-born 
individuals who have been convicted of crimes and sentenced to 
imprisonment and removing those individuals once they have been 
judged deportable by the immigration court system.
    Enforcement of customs laws, using immigration and customs 
authorities, is also an ICE enforcement priority. As the 
Director of the ICE Office of Investigations, stated in 
testimony before the House Homeland Security Appropriations 
Subcommittee on April 2, 2009, ``ICE's experience in the 
investigation of the conduct of border crime reveals that the 
criminal organizations who exploit our immigration and trade 
systems do so for one reason: profit. Each day, these 
organizations smuggle contraband, people, and goods--whatever 
the market will bear. Thus, while immigration enforcement is a 
key component of ICE's mission, we cannot and do not establish 
enforcement priorities in a stove-piped fashion. Instead, we 
target the organizations who exploit our legitimate trade, 
travel, and financial systems with all our enforcement.'' The 
Director concluded by stating, ``ICE has designed programs and 
initiatives to address the Nation's national security and 
public safety concerns. Applying both our immigration and 
customs authorities, which target the illicit flow of people, 
goods, and money, ICE can effectively address all types of 
cross border criminal activity, which makes our homeland safer 
for everyone, citizens and immigrants alike.''
    Just as CBP must stop the entry into the United States of 
contraband people and goods, while also facilitating the flow 
of legitimate trade and commerce, so ICE must also maintain a 
balance of enforcing immigration and customs laws while also 
protecting the country by removing those individuals who are 
here illegally.

      MANAGEMENT AND ADMINISTRATION--IMPROVED INTEGRITY OVERSIGHT

    Over the last 3 years, ICE has hired over 5,100 new 
personnel, a 17 percent increase since fiscal year 2006. In 
order to support long-term border security efforts and avoid 
fraud, the Committee believes it is important to keep in front 
of any possible increase in workforce fraud by hiring 
additional agents who will investigate cases of fraud and other 
illegal activities.
    The Office of Professional Responsibility [OPR] 
investigates all Inspector General-referred allegations of 
criminal misconduct by ICE and CBP employees. ICE and CBP have 
sensitive missions, including preventing the flow of drugs, 
dangerous goods, and illegal immigrants into the country, and 
sensitive technology and weapons out of it. To ensure the 
continued integrity of the workforce, growth in ICE staffing 
should be matched by commensurate growth in OPR. The Committee 
recommends a total of $94,104,000 and 462 FTE to perform 
workforce integrity investigations and training, detention 
facility inspections, ICE field office management inspections, 
and physical security management inspections. This is an 
increase of $14,988,000 and 33 FTE over the fiscal year 2009 
level, and $2,100,000 and 4 FTE over the request. This will 
provide for $80,837,000 to conduct integrity investigations, 
including additional funds for ICE to expand its OPR presence 
along the Southwest border.

                     LAW ENFORCEMENT SUPPORT CENTER

    Included in the amount recommended by the Committee is a 
total of $34,990,000, 316 positions, and 316 FTE, as requested 
in the budget, to assist in responding to increased requests 
for assistance from State and local law enforcement officers. 
The Committee notes that during fiscal year 2009 ICE 
aggressively took steps to fill the large number of staffing 
vacancies at the Law Enforcement Support Center [LESC] by 
upgrading staff position types and pay. The Committee urges ICE 
to maintain a robust LESC staffing level and to alert the 
Committee if large staffing vacancy rates return.

                     CO-LOCATION OF ICE FACILITIES

    At its creation in 2003, ICE inherited approximately 450 
leases, covering 5,800,000 square feet, at an annual rent of 
$167,000,000. Since then, the ICE workforce has grown by 26 
percent and the ICE space acquisition policy is to acquire 
space ``as needed''. Thus there are now over 655 leases, 
covering 6,400,000 square feet, with an annual rent of 
$225,000,000. Working with the General Services Administration, 
ICE has developed a co-location strategy with a goal of 
decreasing ICE lease holdings by 88 percent over the next 5 
years. ICE could save in excess of $200,000,000 and move from 
455 leases in 55 metropolitan areas to just 56 leases in those 
same areas by fiscal year 2015. The Congress provided 
$7,000,000 to initiate this effort in fiscal year 2009. The 
Committee includes an additional $57,000,000, an increase of 
$50,000,000 above the fiscal year 2009 level, and a reduction 
of $35,000,000 from the request, to continue this important 
management initiative.

           OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

    The Committee recommends $168,103,000, 125 positions, and 
105 FTE, an increase of $11,600,000, 40 positions, and 20 FTE, 
as requested, for the Office of State and Local Government 
Coordination. Included in this amount is funding for increased 
training and information technology assistance for participants 
in the 287(g) program.
    The Committee notes that the 287(g) program is a voluntary, 
not mandatory, program through which communities which chose to 
join enter into discussions with ICE to determine the proper 
fit for the individual community and ICE. The Committee also 
intends that the appropriate accountability and training 
standards are adhered to by participating communities and has 
provided sufficient resources, as requested in the budget, to 
ensure that these standards are met.

                         FORENSICS DOCUMENT LAB

    The Committee recommends $14,357,000, 80 positions, and 77 
FTE, as requested, for the Forensics Document Lab [FDL]. The 
FDL provides forensic document analysis and operations support 
services to combat travel and identity document fraud. Included 
in this amount is funding for additional staffing and equipment 
to support the Southwest Border Initiative.

                         DATA CENTER MIGRATION

    As part of the Department-wide effort to assign data center 
migration funding to the component agencies which will be 
migrating, the Committee recommends $23,850,000, 4 positions, 
and 4 FTE, in new funding to support ICE's portion of this 
activity in fiscal year 2010, $10,000,000 below the request. 
The funds are reduced as not all of the proposed activities 
would be accomplished in fiscal year 2010.

                  INVESTIGATIONS--WORKSITE ENFORCEMENT

    Worksite enforcement must remain an immigration enforcement 
priority activity for ICE and the Department as a whole. The 
Committee is pleased that through fiscal year 2008, ICE 
continued to aggressively conduct worksite enforcement actions 
and achieve increases in both criminal and administrative 
arrests. The new worksite enforcement guidelines issued by the 
Secretary state that, ``The prospect for employment in the 
United States continues to be one of the leading causes of 
illegal immigration, creating a market for criminal smuggling 
organizations who exploit people willing to pay high fees and 
take great risks to enter the United States without 
detection.'' The Committee said much the same thing in its 
report accompanying the Senate version of the fiscal year 2009 
bill when it said, ``By turning off the spigot of cheap labor 
and taking action against unscrupulous employers who exploit 
illegal aliens, we can begin to stem the tide of illegal 
immigration.''
    The Department's guidance goes on to state that, ``the 
administrative arrest of the illegal workforce under ICE's 
existing immigration authorities continues to be an integral 
aspect of the overall ICE worksite enforcement strategy.'' The 
Committee notes that the Secretary has promised to continue 
worksite enforcement actions against both employers and 
employees, and has requested a slight increase in the budget 
for this activity. The Committee recommends a total of 
$138,778,000 for worksite enforcement. The $10,000,000 above 
the request is for 100 positions, 50 FTE, for forensic auditors 
to increase targeting of criminal employers and critical 
infrastructure locations. The Committee will pay careful 
attention to the implementation of this new guidance and 
requests quarterly briefings on worksite enforcement activities 
in general and specifically on how these funds are being used.

                         VISA SECURITY PROGRAM

    The Visa Security Program, mandated in section 428 of the 
Homeland Security Act of 2002 (Pubic Law 107-296), extends the 
border overseas to prevent terrorists and other criminals from 
receiving U.S. visas. The Office of International Affairs has 
developed a 5-year expansion plan which includes a prioritized 
expansion to the 32 highest-risk visa issuing posts. According 
to the plan, the program will cover approximately 75 percent of 
the highest risk visa activity posts by 2013. The Committee 
recommends a total of $30,186,000, 71 positions, and 67 FTE for 
the Visa Security Program, as requested.

           OFFICE OF INVESTIGATIONS--MISSION SUPPORT STAFFING

    The Committee is aware that under the ICE Office of 
Investigations [OI] workforce template, OI has a current 
deficit of 805 mission support positions. A negative 
consequence of not having additional support personnel requires 
agents to perform administrative functions, taking time away 
from investigation of transnational and border crime. The 
budget request begins to narrow this gap, and the additional 
funds provided by the Committee ensure that mission support 
positions are also filled. The Committee urges inclusion of 
additional funding in the fiscal year 2011 budget request to 
further close this gap in support staffing.

                            ICE INTELLIGENCE

    The Committee is pleased with the manner in which the 
Office of Intelligence has expanded and staffed its Field 
Intelligence Groups. These groups are anticipated to meet or 
exceed their optimal 50 percent staffing levels for 
intelligence research specialists and program analysts. As 
noted above, ICE's BEST teams along the borders and at the 
seaports make great use of these specialists and the personnel 
increases funded in this bill will help to ensure that the 
BESTs are used to their greatest capacity. The Committee 
directs ICE to provide an Intelligence staffing briefing no 
later than 60 days after the date of enactment of this act.

            DETENTION AND REMOVAL--CUSTODY OPERATIONS (BEDS)

    Maintaining an adequate number of detention beds is 
critical to ensuring the integrity of our detention and removal 
system while at the same time preventing a return to the ill-
advised ``catch and release'' policy. We must ensure that all 
illegal aliens apprehended are removed from this country as 
expeditiously as possible. The Committee is pleased to note 
that in fiscal year 2008, ICE removed a total of 347,184 
illegal aliens compared with 240,665 in fiscal year 2004. This 
clearly demonstrates that the additional resources the Congress 
has provided above the President's requests the past 5 fiscal 
years for securing our borders is having an impact.
    The Congress took the lead and added funding for additional 
detention beds above the President's request the past 5 fiscal 
years. The request includes $36,200,000 to annualize the beds 
added by Congress in fiscal year 2009 and to fully support a 
detention bed level of 33,400.
    Bill language is included directing that a detention bed 
level of 33,400 beds shall be maintained throughout fiscal year 
2010.

            DETENTION AND REMOVAL--ALTERNATIVES TO DETENTION

    National security and public safety are ICE's first 
priorities. To that end, ICE detains all illegal aliens who 
pose a threat to community safety or national security, as well 
as those required to be detained under the Nation's immigration 
laws. The Alternatives to Detention [ATD] program was created 
to enable ICE to maintain current detention levels and to 
monitor aliens who are likely to comply, without detention, 
with immigration proceedings. An excellent example of a 
population for consideration for the use of ATD is families 
with children. ATD is composed of two primary programs, 
electronic monitoring and intensive supervision appearance. The 
Committee recommends a total of $63,913,000, 171 positions, and 
172 FTE, as requested in the budget. The Committee encourages 
ICE to prioritize enrollment of families with children in this 
program, to continue to use intensive supervision, and directs 
ICE to brief the Committee semiannually on the program 
beginning no later than 60 days after the date of enactment of 
this act.
    The Committee is aware that increased interior immigration 
enforcement has resulted in families being separated. The 
Committee directs the Department to analyze and report on the 
feasibility of establishing procedures to ensure that data can 
be collected and documented for the purposes of submitting a 
quarterly report to the Committee which tracks the number of 
deportation, exclusion, and removal orders sought and obtained 
by ICE that involve verified alien parents of a U.S. citizen 
child. The report should also provide a break down by district 
in which the removal order was issued; by type of order 
(deportation, exclusion, removal, expedited removal, and 
others); by agency issuing the order; by the number of cases in 
each category in which ICE has successfully removed the 
verified alien parent; and by number of cases in each category 
in which ICE has not removed the verified alien parent. The 
analysis and report on the feasibility of establishing 
procedures to ensure that data can be collected and documented 
for reporting purposes shall be submitted not later than 
December 15, 2009.

           DETENTION AND REMOVAL--TRANSPORTATION AND REMOVAL

    Included in the amount recommended by the Committee is 
$281,878,000, as proposed in the budget, for all ICE-related 
transportation and removal activities.

               DETENTION AND REMOVAL--FUGITIVE OPERATIONS

    Included in the amount recommended by the Committee is 
$229,682,000, 677 positions, and 677 FTE, as proposed in the 
budget. The National Fugitive Operations Program is responsible 
for reducing the fugitive alien population in the United 
States. As of May 2009, ICE estimates that there are 
approximately 549,408 immigration fugitives in the United 
States, a decrease of over 83,318 since October 2006. ICE works 
to reduce the population of these fugitives from the law 
through the use of Fugitive Operations teams. All 104 Fugitive 
Operations teams are operational and conducting enforcement 
operations.

             DETENTION AND REMOVAL--CRIMINAL ALIEN PROGRAM

    Included in the amount recommended by the Committee is 
$192,539,000, 935 positions, and 932 FTE, as proposed in the 
budget. ICE is funded for 126 Criminal Alien Program teams and 
in fiscal year 2008 it charged over 210,000 aliens in jails.

                           SECURE COMMUNITIES

    The Committee recommends $195,589,000, 552 positions, and 
512 FTE, as requested, $45,589,000, 92 positions, and 46 FTE 
above the fiscal year 2009 level. Congress initiated this 
program in fiscal year 2008 and has provided total new funding 
of $350,000,000 in the past 2 years. The Committee is pleased 
that the administration has embraced this program as one of 
many tools at its disposal to identify and remove illegal 
aliens, including criminal aliens, and otherwise enforce our 
Nation's existing immigration laws. With these additional 
funds, Secure Communities plans to expand coverage by at least 
50 counties during fiscal year 2010 to establish biometric 
identification of arrested criminal aliens in over 140 
counties. Secure Communities' threat-based deployment schedule 
prioritizes those counties with the highest threat criminal 
alien populations first, consisting primarily of counties in 
major metropolitan areas throughout the country as well as all 
counties along the southwest border. In fiscal years 2007 and 
2008, 216,439 criminal aliens were removed after being 
incarcerated. Secure Communities estimates that after deploying 
to these counties, ICE will cover over 50 percent of the 
Nation's criminal alien population. The Department anticipates 
that, with continued funding, including redeployment of 
existing resources, it will establish biometric identification 
of arrested criminal aliens in all counties that are willing 
and technically able to participate by the end of fiscal year 
2012.
    The Committee has included bill language ensuring that all 
illegal aliens encountered when enforcing our immigration laws 
are apprehended. The Committee also directs ICE to provide 
quarterly briefings on progress being made in implementing the 
Secure Communities program. The briefings shall include Secure 
Communities' impact on removals reporting at the the level of 
detail of the quarterly detention and removals report. The 
first briefing should occur no later than 45 days after the 
date of enactment of this act.

                      UNACCOMPANIED ALIEN CHILDREN

    The Committee notes the request includes no additional 
funding for ICE's role in caring for and transporting 
unaccompanied alien children [UAC] to Office of Refugee 
Resettlement custody upon their apprehension by ICE personnel. 
The conference report accompanying the ``Supplemental 
Appropriations Act, 2009'', includes $11,800,000 for ICE for 
this purpose based upon estimated increased UAC requirements 
resulting from the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (Public Law 110-457). 
While the Committee includes no increased funding for this 
activity for fiscal year 2010, the Committee directs ICE to 
report not later than March 31, 2010, on the actual fiscal year 
2009, and estimated fiscal year 2010, costs of care and 
transportation of UACs.

                    DETENTION AND REMOVAL REPORTING

    The Committee continues to request ICE to submit a 
quarterly report to the Committee which compares the number of 
deportation, exclusion, and removal orders sought and obtained 
by ICE. The report should be broken down: by district in which 
the removal order was issued; by type of order (deportation, 
exclusion, removal, expedited removal, and others); by agency 
issuing the order; by the number of cases in each category in 
which ICE has successfully removed the alien; and by the number 
of cases in each category in which ICE has not removed the 
alien. The first fiscal year 2010 quarterly report is to be 
submitted no later than January 15, 2010.

                       COMMITTEE RECOMMENDATIONS

    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                         U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Fiscal year
                                                                 Fiscal year      2010 budget       Committee
                                                                 2009 enacted       request      recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters Management and Administration:
    Personnel Compensation and Benefits, services and other            203,076          321,850          288,950
     costs...................................................
    Headquarters Managed IT investment.......................          169,348          243,264          233,264
                                                              --------------------------------------------------
      Subtotal, Headquarters Management and Administration...          372,424          565,114          522,214
                                                              ==================================================
Legal Proceedings............................................          215,035          221,666          221,666
                                                              ==================================================
Investigations:
    Domestic.................................................        1,519,208        1,615,551        1,666,551
    International............................................          106,741          112,872          112,872
    Visa Security Program....................................           26,800           30,186           30,186
                                                              --------------------------------------------------
      Subtotal, Investigations...............................        1,652,749        1,758,609        1,809,609
                                                              ==================================================
Intelligence.................................................           55,789           67,842           71,842
                                                              ==================================================
Detention and Removal Operations:
    Custody Operations.......................................        1,721,268        1,771,168        1,771,168
    Fugitive Operations......................................          226,477          229,682          229,682
    Criminal Alien Program...................................          189,069          192,539          192,539
    Alternatives to Detention................................           63,000           63,913           63,913
    Transportation and Removal Program.......................          281,399          281,878          281,878
                                                              --------------------------------------------------
      Subtotal, Detention and Removal Operations.............        2,481,213        2,539,180        2,539,180
                                                              ==================================================
Comprehensive Identification and Removal of Criminal Aliens..          150,000          195,589          195,589
                                                              ==================================================
      Total, Salaries and Expenses...........................        4,927,210        5,348,000        5,360,100
----------------------------------------------------------------------------------------------------------------

                       FEDERAL PROTECTIVE SERVICE

    As proposed in the budget, this activity has been moved to 
the ``National Protection and Programs Directorate''.

                        AUTOMATION MODERNIZATION

Appropriations, 2009\1\........................     $77,000,000
Budget estimate, 2010...................................     110,000,000
Committee recommendation................................      85,000,000

\1\Includes $20,000,000 provided in the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5).

    The Automation Modernization account provides funds for 
major information technology [IT] projects for U.S. Immigration 
and Customs Enforcement [ICE], including the Atlas Program, 
modernization of TECS (formerly known as the Traveler 
Enforcement and Compliance System), modernization of Detention 
and Removal Operations' IT systems for tracking detainees [DRO 
Modernization], and other systems.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends a total of $85,000,000, 
$28,000,000 above the fiscal year 2009 level, and $25,000,000 
below the request. These funds are to remain available until 
expended. The Committee includes bill language making 
$10,000,000 available upon the submission of an expenditure 
plan.
    The Committee strongly supports ICE's automation 
modernization efforts and in prior years has added funds above 
the request when it believed the Department was not as 
supportive of this critical agency function as it should have 
been. The Committee also is pleased that ICE is making good 
progress on the joint TECS modernization program with CBP. The 
Committee fully funds TECS modernization and the ATLAS IT 
infrastructure program. The Committee recognizes the importance 
of ICE developing a state-of-the-art electronic health records 
program and supports these efforts. With the reductions made to 
the request, the Committee expects the submission of an 
expenditure plan reflecting revised prioritization of ICE's 
automation modernization activities not later than 45 days 
after the date of enactment of this act. The Committee also 
continues the requirement for semiannual briefings on this 
activity.

                              CONSTRUCTION

Appropriations, 2009....................................      $5,000,000
Budget estimate, 2010...................................................
Committee recommendation................................................

    This appropriation provides funding to plan, construct, 
renovate, equip, and maintain buildings and facilities 
necessary for the administration and enforcement of the laws 
relating to immigration, detention, and alien registration.

                       COMMITTEE RECOMMENDATIONS

    The Committee notes that the budget requests no funding for 
ICE Construction as it is reviewing the possible privatization 
of the Service Processing Centers which it owns. The Department 
intends that carryover funds within the no-year Construction 
account will be used for emergency repairs and alterations. The 
Committee also notes that not funding this account will have no 
impact on the ability of ICE to continue to detain illegal 
aliens at thousands of other locations around the country.
    The bill includes a general provision, requested in the 
budget, providing ICE with the authority to dispose of ICE-
owned facilities and retain the receipts to provide repairs and 
alterations to other facilities.
    Because of large unobligated balances in this account, the 
Committee includes a general provision rescinding $7,000,000 of 
prior year balances.

                 Transportation Security Administration

    The Transportation Security Administration [TSA] is charged 
with ensuring security across U.S. transportation systems, 
including aviation, railways, highways, pipelines, and 
waterways, and safeguarding the freedom of movement of people 
and commerce. Separate appropriations are provided for the 
following activities within TSA: aviation security; surface 
transportation security; transportation threat assessment and 
credentialing; transportation security support; and Federal Air 
Marshals.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends a total program level of 
$7,690,134,000 and a net of $5,312,134,000 for the activities 
of TSA for fiscal year 2010.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                             TRANSPORTATION SECURITY ADMINISTRATION--FUNDING SUMMARY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Aviation Security.........................................         4,754,518         5,310,850         5,237,828
Emergency Appropriations (Public Law 111-5)...............         1,000,000  ................  ................
Aviation Security Capital Fund (mandatory)................           250,000           250,000           250,000
Surface Transportation Security...........................            49,606           128,416           142,616
Transportation Threat Assessment and Credentialing (direct           116,018           191,999           171,999
 appropriations)..........................................
Transportation Threat Assessment and Credentialing (fee-              40,000            28,000            28,000
 funded programs).........................................
Transportation Security Support...........................           947,735         1,004,580           999,580
Federal Air Marshals......................................           819,481           860,111           860,111
                                                           -----------------------------------------------------
      Total, Transportation Security Administration                7,977,358         7,773,956         7,690,134
       (gross)............................................
                                                           =====================================================
Offsetting Fee Collections................................        -2,320,000        -2,100,000        -2,100,000
Aviation Security Capital Fund (mandatory)................          -250,000          -250,000          -250,000
Fee accounts [TTAC].......................................           -40,000           -28,000           -28,000
                                                           -----------------------------------------------------
      Total, Transportation Security Administration (net).         5,367,358         5,395,956         5,312,134
                                                           =====================================================
      Appropriations......................................         4,367,358         5,395,956         5,312,134
      Emergency Appropriations (Public Law 111-5).........         1,000,000  ................  ................
----------------------------------------------------------------------------------------------------------------

                           AVIATION SECURITY

Appropriations, 2009\1\.................................  $5,754,518,000
Budget estimate, 2010...................................   5,310,850,000
Committee recommendation................................   5,237,828,000

\1\Includes $1,000,000,000 provided in the American Recovery and 
Reinvestment Act, 2009 (Public Law 111-5) for explosives detection 
systems and checkpoint security improvements.

    The Transportation Security Administration [TSA] aviation 
security account provides for Federal aviation security, 
including screening of all passengers and baggage, deployment 
of on-site law enforcement, continuation of a uniform set of 
background requirements for airport and airline personnel, and 
deployment of explosives detection technology.
    The aviation security activities include funding for: 
Federal transportation security officers [TSOs] and private 
contract screeners; air cargo security; procurement, 
installation, and maintenance of explosives detection systems; 
checkpoint support; and other aviation regulation and 
enforcement activities.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $5,237,828,000 for aviation 
security, $73,022,000 below the amount requested and 
$483,310,000 above the fiscal year 2009 level, excluding funds 
appropriated in the Stimulus Act.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                                AVIATION SECURITY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                          Fiscal year 2009   Fiscal year 2010      Committee
                                                              enacted         budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Screening Operations...................................         3,935,710          4,475,117          4,395,195
Emergency Appropriations (Public Law 111-5)............         1,000,000   .................  .................
Aviation Security Direction and Enforcement............           798,808            835,733            842,633
Aviation Security Capital Fund (mandatory).............          [250,000]          [250,000]          [250,000]
Implementing Requirements of Public Law 110-53 (9/11               20,000              (\1\)              (\1\)
 Act)..................................................
Discretionary Fees (non-add):
    General Aviation at DCA............................               [75]              [100]              [100]
    Indirect Air Cargo.................................              [200]            [2,600]            [2,600]
    Certified Cargo Screening Program..................  .................            [5,200]            [5,200]
    Large Aircraft Security Program....................  .................            [1,600]            [1,600]
    Secure Identification Display Area Checks..........  .................           [10,000]           [10,000]
    Other Security Threat Assessments..................  .................              [100]              [100]
                                                        --------------------------------------------------------
      Total, Aviation Security.........................         5,754,518          5,310,850          5,237,828
                                                        ========================================================
      Appropriations...................................         4,754,518          5,310,850          5,237,828
      Emergency Appropriations (Public Law 111-5)......         1,000,000   .................  .................
----------------------------------------------------------------------------------------------------------------
\1\A total of $40,259,000 included within various appropriations.

                         AVIATION SECURITY FEES

    The Congressional Budget Office, in its analysis of the 
President's budget, has re-estimated collections from existing 
aviation security fees to be $2,100,000,000. Of this amount, 
$1,652,000,000 will be collected from aviation passengers and 
$448,000,000 will be collected from the airlines.

                          SCREENING OPERATIONS

    The Committee recommends $4,395,195,000 for TSA screening 
operations, $79,922,000 below the amount requested and 
$459,485,000 above the fiscal year 2009 level, excluding funds 
appropriated in the Stimulus Act.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                              SCREENING OPERATIONS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                             enacted   budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Privatized Screening Airports.............................           151,272           149,643           149,643
Passenger and baggage screener personnel, compensation and         2,716,014         2,788,575         2,758,575
 benefits.................................................
Screener Training and Other...............................           197,318           203,463           203,463
Checkpoint Support........................................           250,000           128,739           128,739
Explosives Detection Systems/Explosives Trace Detection
 [EDS/ETD]:
    EDS/ETD purchase and installation.....................           294,000           856,591           806,669
    Screening technology maintenance and utilities........           305,625           326,625           326,625
    Operation integration.................................            21,481            21,481            21,481
                                                           -----------------------------------------------------
      Subtotal, EDS/ETD systems...........................           621,106         1,204,697         1,154,775
                                                           =====================================================
      Emergency Appropriations (Public Law 111-5).........         1,000,000  ................  ................
                                                           -----------------------------------------------------
      Total, Screening Operations.........................         4,935,710         4,475,117         4,395,195
                                                           =====================================================
      Appropriations......................................         3,935,710         4,475,117         4,395,195
      Emergency Appropriations (Public Law 111-5).........         1,000,000  ................  ................
----------------------------------------------------------------------------------------------------------------

                     PRIVATIZED SCREENING AIRPORTS

    The Committee recommends $149,643,000 for privatized 
screening airports, the same amount as requested in the budget 
and $1,629,000 below the fiscal year 2009 level. This reduction 
reflects cost savings in contracts that were recently 
renegotiated. To date, nine airports and one heliport across 
the country have chosen to use privatized screening in lieu of 
Federal screening. The Committee is concerned with the current 
acquisition process for the Screening Partnership Program, 
which has led to considerable confusion among airports and 
qualified security providers. The Committee is particularly 
concerned with delays in transitioning to privatized screening 
for the seven Essential Airport Service airports in Montana and 
directs TSA to complete this competitive award no later than 
July 15, 2009. The Committee expects the incoming Administrator 
to prioritize the improvement of this process.
    TSA is directed to approve applications for those airports 
that are seeking to participate in the screening partnership 
program when Government estimates indicate that contract 
screening can be provided at that location in a cost-effective 
manner. TSA shall notify the Committees if the agency expects 
to spend less than the appropriated amount due to situations 
where no additional airports express interest in converting, 
either fully or partially, to privatized screening, or where 
airports currently using privatized screening convert to using 
Federal screeners. TSA shall adjust its PPA line items, and 
notify the Committees within 10 days, to account for any 
changes in private screening contracts, including new awards 
under the screening partnership program, or the movement from 
privatized screening into Federal screening.

  PASSENGER AND BAGGAGE SCREENER PERSONNEL, COMPENSATION AND BENEFITS

    The Committee recommends $2,758,575,000 for passenger and 
baggage screener personnel, compensation, and benefits, 
$30,000,000 below the amount requested and $42,561,000 above 
the fiscal year 2009 level. The recommendation includes 
requested adjustments for pay increases and the expansion of 
the bomb appraisal officer program by 109 positions and 55 FTE.
    The amount recommended under this heading includes 
$211,861,214 for behavior detection officers in fiscal year 
2010, an increase of $13,524,587 above the fiscal year 2009 
level and $14,000,000 below the request. The intent of the 
Screening Passengers by Observation Techniques [SPOT] program 
is for behavior detection officers to observe passengers' 
behavior, specifically for signs of hostile intent, and pull 
those passengers aside for additional questioning and 
screening. While TSA has dramatically increased the size and 
scope of SPOT, resources are not currently tied to specific 
program goals and objectives. TSA did not comply with a 
requirement in Senate Report 110-396, which was to develop 
improved performance measures for SPOT to justify such a large 
ramp up in FTE and include them in fiscal year 2010 
congressional budget justification. The Committee directs TSA 
to report, no later than 60 days after the date of enactment of 
this act, on: (1) the scientific basis for using behavior 
pattern recognition techniques to observe airline passengers 
for signs of hostile intent; (2) the effectiveness of the SPOT 
program in meeting its goals and objectives; and (3) the 
justification for expanding the program. The report shall be 
made in a classified or unclassified format, as appropriate. 
The Government Accountability Office [GAO] shall review the 
report and provide its findings to the Committee no later than 
120 days after the SPOT report is submitted to the Committee.
    The Committee also includes a reduction of $16,000,000 from 
the amount requested due to TSA's consistent carryover in this 
account. TSA's carryover balance at the end of fiscal year 2008 
was $129,761,111. TSA shall propose a budget account structure 
in fiscal year 2011 that allows for a 1-year appropriation for 
salaries and expenses.

                      SCREENER TRAINING AND OTHER

    The Committee recommends $203,463,000 for screener training 
and other, the same amount as requested in the budget and 
$6,145,000 above the fiscal year 2009 level. Funds are provided 
to support training of Transportation Security Officers [TSOs] 
and other direct costs associated with TSO operations, such as: 
consumable supplies, checkpoint janitorial services, travel for 
the National Deployment Force, uniform allowance, hazardous 
materials disposal, and a model workforce program. The 
recommended amount includes requested adjustments for pay 
increases, bottled liquids scanning equipment, and training to 
support additional bomb appraisal officers.
    The Committee encourages TSA to expand training and 
continuing educational and professional development 
opportunities to the TSA TSO workforce.

                           CHECKPOINT SUPPORT

    The Committee recommends $128,739,000 for checkpoint 
support, the same amount requested in the budget and 
$121,261,000 below the fiscal year 2009 level. Funds are 
provided to field test and deploy equipment for passenger 
screening, carry-on baggage screening, checkpoint 
reconfiguration, and electronic surveillance of checkpoints. 
Since fiscal year 2007, $998,370,000 has been funded for 
checkpoint screening technologies. Between the recommended 
amount and unobligated prior-year balances, sufficient funding 
is available for TSA to meet its goal of achieving full 
operating capability of emerging technologies that can provide 
significant improvements in threat detection at passenger 
checkpoints. No later than September 30, 2010, TSA is to move 
to a fully competitive procurement process for checkpoint 
security equipment. TSA shall provide the Committee with 
periodic updates on its progress to meet this requirement.

                           WHOLE BODY IMAGING

    The Committee is encouraged by significant technological 
advances made to checkpoint technologies that greatly increase 
TSA's ability to detect concealed and non-metallic weapons and 
explosives. It is critically important that these screening 
technologies are deployed in order to address changing and 
evolving threats to air passengers and crew members. While new 
technologies provide greater protection to the traveling 
public, it is equally necessary to safeguard privacy. Within 60 
days after the date of enactment of this act, the Committee 
directs TSA to report to the Committees on Appropriations the 
details and strategy for a comprehensive program to ensure 
passenger privacy related to Whole Body Imaging [WBI]. 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 the WBI screening.

                      EXPLOSIVES DETECTION SYSTEMS

    The Committee recommends $806,669,000 in discretionary 
appropriations for the purchase and installation of explosives 
detection systems/explosives trace detection at airports, 
$49,922,000 below the amount requested in the budget and 
$512,669,000 above the fiscal year 2009 level, excluding funds 
appropriated in the Stimulus Act. TSA has already received 
funding applications from 36 airports that could be funded with 
this amount and is encouraging 22 other airports with near to 
mid-term projects to apply. TSA has informed the Committee that 
due to lower than expected costs for airports being funded with 
appropriations from the Stimulus Act, several airports taking 
part in the fiscal year 2010 funding application process will 
be accelerated using funds previously appropriated. Therefore, 
the Committee makes a modest reduction below the request level. 
Within the funds provided, not less than 28 percent shall be 
available to procure and deploy certified explosives detection 
systems at medium- and small-sized airports. An additional 
$250,000,000 in mandatory spending will be available for these 
activities from Aviation Security Capital Fund fee collections. 
No later than September 30, 2010, TSA is to move to a fully 
competitive procurement process for EDS equipment. TSA shall 
provide the Committee with periodic updates on its progress to 
meet this requirement.

           EXPENDITURE PLANS FOR EDS/CHECKPOINT TECHNOLOGIES

    The Committee includes statutory language under the 
Transportation Security Support appropriation restricting 
$20,000,000 from being obligated for headquarters 
administration until the Secretary submits to the Committee, no 
later than 60 days after the date of enactment of this act, 
detailed expenditure plans for checkpoint security and EDS 
refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2010. TSA shall provide quarterly 
updates on EDS and checkpoint expenditures, including specific 
technologies for purchase, project timelines, a schedule for 
obligation, and a table detailing actual versus anticipated 
unobligated balances at the close of the fiscal year, with an 
explanation of any deviation from the original plan.
    The Committee does not include statutory language requested 
in the budget that would provide TSA with the authority to 
alter the Federal share of in-line baggage system projects. The 
proposed legislation is an authorizing matter and not under the 
jurisdiction of the Appropriations Committee.

   INSTALLATION OF OPTIMAL BAGGAGE SCREENING SYSTEMS AND FTE SAVINGS

    From fiscal years 2007 to 2009, over $2,600,000,000 has 
been appropriated for TSA's electronic baggage screening 
program. The Committee provides an additional $806,669,000 for 
fiscal year 2010. This funding is being used to deploy systems 
that are ``in-line'' with baggage conveyor systems and are 
therefore less labor intensive and more efficient than machines 
deployed quickly after 9/11 to meet the 100 percent screening 
mandate. TSA shall report to the Committee, in tandem with the 
fiscal year 2011 budget, on savings achieved and anticipated 
(by fiscal year) from the installation of new optimal systems. 
The report shall specifically address FTE savings.

 AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS FOR IN-LINE BAGGAGE SYSTEM 
                               DEPLOYMENT

    As required by the 9/11 Act, TSA is to give funding 
consideration to airports that incurred eligible costs for EDS 
and that were not recipients of funding agreements. The fiscal 
year 2010 EDS expenditure plan shall identify airports eligible 
for funding pursuant to section 1604(b)(2) of Public Law 110-53 
and funding, if any, allocated to reimburse those airports.

             SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES

    The Committee recommends $326,625,000 for screening 
technology maintenance and utilities, the same amount as 
requested in the budget and $21,000,000 above the fiscal year 
2009 level. This amount includes an increase of $19,000,000 for 
increases to maintenance costs for higher-than-projected 
quantities of security equipment and $2,000,000 for increased 
reimbursements for the utility costs associated with TSA 
screening equipment.

                         OPERATION INTEGRATION

    The Committee recommends $21,481,000 for operation 
integration, the same amount requested in the budget and the 
same as the fiscal year 2009 level. Funds are provided to test, 
evaluate, and analyze pre-production or production 
representative systems under realistic conditions, including 
operation by those who will use the equipment in the field in a 
variety of environmental conditions.

              AVIATION SECURITY DIRECTION AND ENFORCEMENT

    The Committee recommends $842,633,000 for aviation 
direction and enforcement, an increase of $43,825,000 from the 
fiscal year 2009 level and $6,900,000 above the request.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                       AVIATION DIRECTION AND ENFORCEMENT
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Aviation regulation and other enforcement.................           245,268           254,064           254,064
Airport management and support............................           401,666           448,424           448,424
Federal flight deck officer and flight crew training......            25,025            25,127            25,127
Air cargo.................................................           122,849           108,118           115,018
Airport perimeter security................................             4,000  ................  ................
                                                           -----------------------------------------------------
      Total, Aviation Security Direction and Enforcement..           798,808           835,733           842,633
----------------------------------------------------------------------------------------------------------------

               AVIATION REGULATION AND OTHER ENFORCEMENT

    The Committee recommends $254,064,000 for aviation 
regulation and other enforcement, an increase of $8,796,000 
from the fiscal year 2009 level and the same amount as 
requested in the budget. Funds are provided for law enforcement 
and regulatory activities at airports to: ensure compliance 
with required security measures, respond to security incidents, 
and provide international support for worldwide security 
requirements. The Committee recommendation includes funding for 
pay increases and annualization of funding enacted in prior 
years to implement requirements of the 9/11 Act.
    The Committee understands that TSA is currently working 
with stakeholders to develop a modified Large Aircraft Security 
Program rule that minimizes adverse effects on general aviation 
while addressing security concerns. The Committee also 
understands that after this consultation TSA plans to issue a 
new notice of proposed rulemaking to ensure additional public 
comment. The Committee agrees with TSA's deliberative approach 
to this issue and encourages TSA to weigh the costs and 
benefits associated with this new security mandate for general 
aviation operators and airports.

                     AIRPORT MANAGEMENT AND SUPPORT

    The Committee recommends $448,424,000 for airport 
management and support, an increase of $46,758,000 from the 
fiscal year 2009 level and the same amount as requested in the 
budget. Funds are provided for: the workforce to support TSA 
Federal security directors; the Transportation Security 
Operations Center; airport rent and furniture; a vehicle fleet; 
airport parking; transit benefits; and the development and 
deployment of an electronic time, attendance, and scheduling 
system. The recommended increase includes adjustments for pay, 
an increase for transit benefits, a staffing increase to 
Federal security directors, and management support for 
additional bomb appraisal officers.

     FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING PROGRAMS

    The Committee recommends $25,127,000 for Federal flight 
deck officer and flight crew training programs, an increase of 
$102,000 from the fiscal year 2009 level and the same amount 
proposed in the budget request. Funds are provided to deputize 
qualified airline pilots who volunteer to be Federal law 
enforcement officers. This program provides initial and 
recurrent law enforcement training. Funds are also provided for 
the Crew Member Self-Defense Training program for the purpose 
of teaching crew members basic self defense concepts and 
techniques.

                               AIR CARGO

    The Committee recommends $115,018,000 for air cargo 
security activities, an increase of $6,900,000 above the 
request and $7,831,000 below the fiscal year 2009 level. Funds 
are provided to secure the air cargo supply chain, conveyances, 
and people. To achieve the 100 percent screening mandate in the 
9/11 Act, TSA has created the Certified Cargo Screening Program 
[CCSP], which allows air cargo supply chain stakeholders 
(shippers, manufacturers, logistics companies, warehouses, and 
indirect air carriers) to screen air cargo downstream prior to 
arriving at the airport. It is estimated that approximately 
8,000 to 15,000 entities will participate in the CCSP, 
increasing TSA ``inspectable'' locations. The increase provided 
above the request is for 50 additional air cargo inspectors to 
address the additional inspection workload and other regulatory 
responsibilities for air cargo. This is consistent with 
findings of the GAO. In testimony given on March 18, 2009, 
(GAO-09-422T), GAO stated that ``TSA's limited inspection 
resources may also hamper its ability to oversee the thousands 
of additional entities that it expects to participate in the 
CCSP''. The Committee recommendation also includes an 
additional $10,000,000 within the Science and Technology 
Directorate to develop air cargo screening technologies.
    The Committee acknowledges the Transportation Security 
Administration's efforts to assist the fresh fruit industry 
comply with new cargo scanning requirements. The Committee 
encourages the Transportation Security Administration to 
continue its efforts and to expedite the development and 
approval of efficient and effective cargo screening technology.
    No later than 60 days after the date of enactment of this 
act, TSA shall submit an expenditure plan to the Committee on 
the allocation of air cargo funds, including carryover. Because 
a similar plan for fiscal year 2009 has not been submitted, 
$20,000,000 is withheld from obligation for headquarters 
administration until the fiscal year 2010 plan is submitted.

                 AIR CARGO STATISTICS QUARTERLY REPORT

    The Committee directs TSA to continue to report quarterly 
on air cargo screening statistics, to note incremental progress 
until 100 percent screening is met, and any reason for non-
compliance. The Committee directs TSA to take all possible 
measures to ensure air carriers are submitting data consistent 
with current security directives, including enforcement action 
for non-compliance.

                       AIRPORT PERIMETER SECURITY

    The goal of the airport perimeter security program is to 
identify and secure gaps in airport perimeters. TSA has been 
slow to obligate funding appropriated in fiscal years 2008 and 
2009 to test and assess viable technologies to improve security 
in this area. As of April 30, 2009, $5,688,361 of the 
$8,000,000 appropriated for this purpose remained unobligated. 
No later than 90 days after the date of enactment of this act, 
TSA shall brief the Committee on results of airport perimeter 
security projects, including plans to implement viable 
solutions at airports.

       IMPLEMENTING REQUIREMENTS OF PUBLIC LAW 110-53 (9/11 ACT)

    The recommendation includes funding to support various 
activities and requirements authorized in the 9/11 Act, 
including $806,669,000 for the procurement and installation of 
explosives detection systems at airports; $128,739,000 for 
checkpoint and checked baggage screening systems at airports; 
$115,018,000 for air cargo security; and $80,000,000 for 
Visible Intermodal Protection and Response [VIPR] teams, 
including an additional $50,000,000 for VIPR teams dedicated 
solely to surface transportation. Funding in fiscal year 2010 
also includes $40,259,000 to annualize funding added by 
Congress in fiscal years 2008 and 2009 for such activities as: 
Security Regulations, Strategies, Reports and Studies; 
Vulnerability and Threat Assessments; Name Based Checks; Inter-
Modal Security Training and Exercise Program; Information 
Sharing and Analysis Center for Transportation Security; 
General Aviation; and additional Surface Transportation 
Security Inspectors.

                    SURFACE TRANSPORTATION SECURITY

Appropriations, 2009....................................     $49,606,000
Budget estimate, 2010...................................     128,416,000
Committee recommendation................................     142,616,000

    Surface transportation security provides funding for 
personnel and operational resources to assess the risk of a 
terrorist attack on non-aviation modes, standards and 
procedures to address those risks, and to ensure compliance 
with established regulations and policies.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $142,616,000, for surface 
transportation security, an increase of $93,010,000 from the 
fiscal year 2009 level and $14,200,000 above the budget 
request.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                         SURFACE TRANSPORTATION SECURITY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Staffing and Operations...................................            24,885            42,293            42,293
Surface Transportation Security Inspectors and Canines....            24,721            86,123           100,323
                                                           -----------------------------------------------------
      Total, Surface Transportation Security..............            49,606           128,416           142,616
----------------------------------------------------------------------------------------------------------------

        SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS

    The Committee recommends $42,293,000 for surface 
transportation security staffing and operations, an increase of 
$17,408,000 from the fiscal year 2009 level and the same amount 
proposed in the budget request. Funds are provided for 
personnel and operational resources to: assess the risk of a 
terrorist attack on non-aviation modes; establish standards and 
procedures to address those risks; and ensure compliance with 
established regulations and policies. The recommended increase 
is for adjustments for pay and to annualize funding added by 
Congress in fiscal years 2008 and 2009 for implementation of 9/
11 Act requirements.

         SURFACE TRANSPORTATION SECURITY INSPECTORS AND CANINES

    The Committee recommends $100,323,000 for surface 
transportation security inspectors and canines, an increase of 
$75,602,000 from the fiscal year 2009 level and $14,200,000 
above the amount requested in the budget.
    The Committee recommendation includes the requested 
increase of $50,000,000 and 338 positions for 15 new Visible 
Intermodal Prevention and Response [VIPR] teams for surface 
transportation security. Currently there are 10 permanent VIPR 
teams deployed to disrupt and deter potential terrorist 
activity across all modes of transportation. TSA has failed to 
provide the Committee with a fiscal year 2009 requirement 
contained in Senate Report 110-396 on performance standards 
associated with the VIPR program, methodology used to determine 
the distribution of VIPR resources and personnel among the 
various modes of transportation, and the results of fiscal year 
2008 deployments. TSA has yet to determine the combination of 
positions for the new teams, which have historically been 
comprised of surface inspectors, Federal air marshals, and 
transportation security officers. The Committee expects that 
none of the additional funds provided in this act for VIPR 
teams will be expended until TSA provides an expenditure plan 
associated with the additional $50,000,000 and complies with 
the VIPR requirements detailed in Senate Report 110-396.
    The Committee recommendation also includes $14,200,000 
above the request for 100 new surface transportation inspectors 
bringing the total Surface Transportation Security Inspector 
workforce to 325. These additional positions will allow TSA to 
fulfill 9/11 Act mandates, such as: increasing compliance 
inspections; conducting system security evaluations; threat and 
vulnerability inspections; and responding to surface 
transportation security incidents. The DHS Inspector General, 
in report OIG-09-24, concluded that ``TSA would benefit from 
expanding the TSI workforce to handle new duties and to augment 
thinly staffed field offices.''

           TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

Appropriations, 2009....................................    $116,018,000
Budget estimate, 2010...................................     191,999,000
Committee recommendation................................     171,999,000

    Transportation threat assessment and credentialing includes 
several TSA credentialing programs: Secure Flight, Crew 
Vetting, Screening Administration and Operations, Registered 
Traveler, Transportation Worker Identification Credential, 
Hazardous Materials Commercial Drivers License Endorsement 
Program, and Alien Flight School.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends a direct appropriation of 
$171,999,000 for transportation threat assessment and 
credentialing, an increase of $55,981,000 from the fiscal year 
2009 level and $20,000,000 below the budget request. In 
addition, an estimated $28,000,000 in fee collections are 
available for these activities in fiscal year 2010, as proposed 
in the budget.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                               TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
    Secure Flight.........................................            82,211            84,363            84,363
    Crew and Other Vetting................................            33,807           107,636            87,636
                                                           -----------------------------------------------------
      Total Appropriations, Threat Assessment and                    116,018           191,999           171,999
       Credentialing......................................
                                                           =====================================================
Fee accounts:
    Registered Traveler Program...........................            10,000  ................  ................
    Transportation Worker Identification Credential.......             9,000             9,000             9,000
    Hazardous Materials...................................            18,000            15,000            15,000
    Alien Flight School fees\1\...........................             3,000             4,000             4,000
                                                           -----------------------------------------------------
      Total Fees, Transportation Threat Assessment and                40,000            28,000            28,000
       Credentialing......................................
----------------------------------------------------------------------------------------------------------------
\1\By transfer from the Department of Justice.

                             SECURE FLIGHT

    The Committee recommends $84,363,000 for Secure Flight, 
$2,152,000 above the fiscal year 2009 level and the same as the 
budget request. As outlined by the Intelligence Reform Act, 
this program moves the responsibility of airline passenger 
watch list matching from the air carriers to the Federal 
Government. Pursuant to section 512 of the Department of 
Homeland Security Appropriations Act, 2009, GAO assessed the 
extent to which TSA met 10 statutory conditions related to the 
development and implementation of the Secure Flight program. In 
May 2009, GAO reported that TSA had generally achieved 9 of the 
10 statutory conditions related to the development of the 
Secure Flight program and had conditionally achieved 1 
condition related to the appropriateness of life-cycle cost 
estimates and program plans. The Committee remains concerned 
with risks to the program identified by GAO in its report. 
Therefore, TSA is directed to report on the progress it has 
made in addressing GAO's recommendations related to Secure 
Flight's name-matching system and assessing the impact of 
modifications to Computer-Assisted Passenger Prescreening 
System rules on air carriers. TSA shall also report on actions 
it has taken to develop appropriate life-cycle cost and 
schedule estimates for the Secure Flight program and to address 
the security concern related to passengers who could attempt to 
provide fraudulent information when making an airline 
reservation to avoid detection. TSA shall submit its report to 
the Committees on Appropriations no later than 90 days after 
the enactment of this act.

                    CREW AND OTHER VETTING PROGRAMS

    The Committee recommends $87,636,000 for Crew and Other 
Vetting Programs, $53,829,000 above the fiscal year 2009 level 
and $20,000,000 below the budget request.
    The Committee recommendation includes funds as requested 
for 9/11 Act implementation, specifically for development of a 
web-based enrollment system and integration into the Security 
Threat Assessment process.
    The Committee supports TSA's efforts to modernize its 
vetting and credentialing infrastructure, which is currently 
made up of disconnected and duplicative systems. This has 
resulted in high system complexity, and lengthy adjudication 
processes due to manual reviews. However, TSA is still in the 
early stages of this acquisition, which is estimated to have a 
10-year cost of over $570,500,000. Several key acquisition 
decisions have yet to be made as they are still going through 
Departmental review. In addition, TSA is currently developing 
its proof of principle prototype (Phase One), which is to be 
completed in October 2009 and is to provide TSA with a proposed 
acquisition strategy and associated acquisition risk reduction 
measures. The results of Phase One are essential before large 
sums of money can be committed to develop and deploy a target 
solution. Therefore, the Committee recommendation includes 
$56,500,000 instead of $76,500,000 requested in the budget.

                    TRANSPORTATION SECURITY SUPPORT

Appropriations, 2009....................................    $947,735,000
Budget estimate, 2010...................................   1,004,580,000
Committee recommendation................................     999,580,000

    The transportation security support account supports the 
operational needs of TSA's extensive airport/field personnel 
and infrastructure. Transportation security support includes: 
headquarters' personnel, pay, benefits and support; 
intelligence; mission support centers; human capital services; 
and information technology support.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $999,580,000 for transportation 
security support activities, an increase of $51,845,000 from 
the fiscal year 2009 level and $5,000,000 below the budget 
request.
    The following table summarizes the Committee's 
recommendations compared to the fiscal year 2009 and budget 
request levels:

                                TRANSPORTATION SECURITY SUPPORT--FUNDING SUMMARY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Fiscal year
                                                                 Fiscal year      2010 budget       Committee
                                                                 2009 enacted       request      recommendations
----------------------------------------------------------------------------------------------------------------
Intelligence.................................................           21,961           28,203           28,203
Headquarters Administration..................................          234,870          248,929          248,929
Information Technology.......................................          472,799          501,110          496,110
Human Capital Services.......................................          218,105          226,338          226,338
                                                              --------------------------------------------------
      Total, Transportation Security Support.................          947,735        1,004,580          999,580
----------------------------------------------------------------------------------------------------------------

                              INTELLIGENCE

    The Committee recommends $28,203,000 for the Office of 
Intelligence, an increase of $6,242,000 above the fiscal year 
2009 level and the same level as the budget request. The 
recommendation includes requested increases for pay, additional 
intelligence analytical support staffing, and 9/11 Act 
implementation.

                      HEADQUARTERS ADMINISTRATION

    The Committee recommends $248,929,000 for headquarters 
administration, an increase of $14,059,000 from the fiscal year 
2009 level and the same level as requested in the budget. The 
recommendation includes requested adjustments for pay, 9/11 Act 
implementation, and background investigations.
    The Committee includes bill language withholding the 
obligation of $20,000,000 for headquarters administration until 
expenditure plans for air cargo security, explosives detection 
systems procurement and installation, and checkpoint support 
are provided to the Committee.

                         INFORMATION TECHNOLOGY

    The Committee recommends $496,110,000 for information 
technology, an increase of $23,311,000 from the fiscal year 
2009 level and $5,000,000 below the amount requested in the 
budget. The recommendation includes adjustments as requested 
for pay, TSA's electronic time attendance system, working 
capital fund costs, and information technology purchases such 
as new secure multi-channel land mobile radios. The Committee 
includes $6,400,000 for data center migration, $5,000,000 below 
the request. The reduction reflects funding that will not be 
expended until fiscal year 2011.

                         HUMAN CAPITAL SERVICES

    The Committee recommends $226,338,000 for human capital 
services, an increase of $8,233,000 from the fiscal year 2009 
level and the same level as requested in the budget.

                             COVERT TESTING

    The Committee continues to support TSA's covert testing 
activities and continues the requirement for semi-annual 
briefings on these activities.

                RISK-BASED DECISIONMAKING AND BUDGETING

    The Committee notes that TSA has not submitted a report 
required in the joint explanatory statement accompanying the 
Department of Homeland Security Act, 2009, related to risk 
analysis and resource allocation. The Committee expects this 
report to be submitted expeditiously and continued on an annual 
basis as detailed in Senate Report 110-396. This annual 
submission shall be made in classified or unclassified formats, 
as appropriate.

                          FEDERAL AIR MARSHALS

Appropriations, 2009....................................    $819,481,000
Budget estimate, 2010...................................     860,111,000
Committee recommendation................................     860,111,000

    The Federal Air Marshals [FAMs] protect the air 
transportation system against terrorist threats, sabotage, and 
other acts of violence. The FAMs account provides funds for the 
salaries, benefits, travel, training, and other expenses of the 
program.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $860,111,000, an increase of 
$40,630,000 from the fiscal year 2009 level and the same level 
as requested in the budget. The recommendation includes the 
requested increase to fully annualize fiscal year 2009 
appropriations for sustainment of international operations.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                              FEDERAL AIR MARSHALS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration.............................           725,081           762,569           762,569
Travel and Training.......................................            94,400            97,542            97,542
                                                           -----------------------------------------------------
      Total, Federal Air Marshals.........................           819,481           860,111           860,111
----------------------------------------------------------------------------------------------------------------

                              Coast Guard


                                SUMMARY

    The Coast Guard's primary responsibilities are the 
enforcement of all applicable Federal laws on the high seas and 
waters subject to the jurisdiction of the United States; 
promotion of safety of life and property at sea; assistance to 
navigation; protection of the marine environment; and 
maintenance of a state of readiness to function as a 
specialized service in the Navy in time of war, as authorized 
by sections 1 and 2 of title 14, United States Code.
    The Commandant of the Coast Guard reports directly to the 
Secretary of the Department of Homeland Security.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends a total program level of 
$10,244,551,000 for the activities of the Coast Guard for 
fiscal year 2010.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                          COAST GUARD--FUNDING SUMMARY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Operating Expenses........................................         6,194,925         6,556,188         6,838,291
Environmental Compliance and Restoration..................            13,000            13,198            13,198
Reserve Training..........................................           130,501           133,632           133,632
Acquisition, Construction, and Improvements...............         1,494,576         1,383,980         1,597,580
    Emergency Appropriations (Public Law 111-5)...........            98,000  ................  ................
Alteration of Bridges.....................................            16,000  ................             4,000
    Emergency Appropriations (Public Law 111-5)...........           142,000  ................  ................
Research, Development, Test and Evaluation................            18,000            19,745            29,745
Health Care Fund Contribution (Permanent Indefinite                  257,305           261,000           261,000
 Appropriations)..........................................
Retired Pay (mandatory)...................................         1,236,745         1,361,245         1,361,245
                                                           -----------------------------------------------------
      Total, United States Coast Guard....................         9,601,052         9,728,988        10,238,091
                                                           =====================================================
      Appropriations......................................         9,361,052         9,728,988        10,238,091
      Emergency Appropriations (Public Law 111-5).........           240,000  ................  ................
----------------------------------------------------------------------------------------------------------------

    The Coast Guard will pay an estimated $261,000,000 in 
fiscal year 2010 to the Medicare-Eligible Retiree Health Care 
Fund for the costs of military, Medicare-eligible health 
benefits earned by its uniformed service members. The 
contribution is funded by permanent, indefinite discretionary 
authority pursuant to the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375).

                           OPERATING EXPENSES

Appropriations, 2009....................................  $6,194,925,000
Budget estimate, 2010...................................   6,556,188,000
Committee recommendation................................   6,838,291,000

    The Operating Expenses appropriation provides funds for the 
operation and maintenance of multipurpose vessels, aircraft, 
and shore units strategically located along the coasts and 
inland waterways of the United States and in selected areas 
overseas. The program activities of this appropriation fall 
into the following categories:
    Search and Rescue.--As one of its earliest and most 
traditional missions, the Coast Guard maintains a nationwide 
system of boats, aircraft, cutters, and rescue coordination 
centers on 24-hour alert.
    Aids to Navigation.--To help mariners determine their 
location and avoid accidents, the Coast Guard maintains a 
network of manned and unmanned aids to navigation along the 
Nation's coasts and on its inland waterways. In addition, the 
Coast Guard operates radio stations in the United States and 
abroad to serve the needs of the armed services and marine and 
air commerce.
    Marine Safety.--The Coast Guard ensures compliance with 
Federal statutes and regulations designed to improve safety in 
the merchant marine industry and operates a recreational 
boating safety program.
    Marine Environmental Protection.--The primary objectives of 
the marine environmental protection program are to minimize the 
dangers of marine pollution and to assure the safety of ports 
and waterways.
    Enforcement of Laws and Treaties.--The Coast Guard is the 
principal maritime enforcement agency with regard to Federal 
laws on the navigable waters of the United States and the high 
seas, including fisheries, drug smuggling, illegal immigration, 
and hijacking of vessels.
    Ice Operations.--In the Arctic and Antarctic, Coast Guard 
icebreakers escort supply ships, support research activities 
and Department of Defense operations, survey uncharted waters, 
and collect scientific data. The Coast Guard also assists 
commercial vessels through ice-covered waters.
    Defense Readiness.--During peacetime, the Coast Guard 
maintains an effective state of military preparedness to 
operate as a service in the Navy in time of war or national 
emergency at the direction of the President. As such, the Coast 
Guard has primary responsibility for the security of ports, 
waterways, and navigable waters up to 200 miles offshore.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $6,838,291,000 for Coast Guard 
Operating Expenses, including $24,500,000 from the Oil Spill 
Liability Trust Fund and $581,503,000 for Coast Guard defense-
related activities. Of this amount, the Committee recommends 
not to exceed $20,000 for official reception and representation 
expenses.
    The recommended amount is $282,103,000 above the request 
and $643,366,000 above the fiscal year 2009 level (excluding 
$241,503,000 transferred or otherwise made available for 
overseas contingency operations).
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                               OPERATING EXPENSES
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Military Pay and Allowances:
    Military Pay and Allowances...........................         2,576,170         2,708,923         2,718,963
    Military Health Care..................................           352,469           371,372           372,524
    Permanent Change of Station...........................           133,024           164,566           164,468
                                                           -----------------------------------------------------
      Subtotal, Military Pay and Allowances...............         3,061,663         3,244,861         3,255,955
                                                           =====================================================
Civilian Pay and Benefits.................................           645,350           699,594           700,042
Training and Recruiting:
    Training and Education................................            95,989           103,388           103,668
    Recruiting and Training Centers.......................            99,930           102,582           102,761
                                                           -----------------------------------------------------
      Subtotal, Training and Recruiting...................           195,919           205,970           206,429
                                                           =====================================================
Operating Funds and Unit Level Maintenance:
    Atlantic Area Command.................................           175,823           177,474           177,474
    Pacific Area Command..................................           196,112           195,943           195,943
    1st District..........................................            59,069            60,074            60,139
    5th District..........................................            21,792            21,941            21,976
    7th District..........................................            77,391            78,338            78,366
    8th District..........................................            46,916            49,276            49,506
    9th District..........................................            31,595            31,672            31,733
    11th District.........................................            17,645            17,641            17,769
    13th District.........................................            22,931            23,060            23,126
    14th District.........................................            19,099            19,289            19,289
    17th District.........................................            30,979            29,829            30,531
    Headquarter Directorates..............................           318,642           285,193           288,584
    Headquarter Managed Units.............................           158,616           158,901           159,236
    Other Activities......................................               796               882               897
                                                           -----------------------------------------------------
      Subtotal, Operating funds and unit level maintenance         1,177,406         1,149,513         1,154,569
                                                           =====================================================
Centrally-managed accounts................................           262,294           353,071           354,874
                                                           =====================================================
Intermediate and Depot Level Maintenance:
    Aeronautical..........................................           312,595           365,291           376,394
    Electronic............................................           134,055           155,101           157,773
    Civil/Ocean Engineering & Shore Facilities............           179,343           180,929           184,769
    Vessel................................................           197,800           201,858           205,983
                                                           -----------------------------------------------------
      Subtotal, Intermediate and depot level maintenance..           823,793           903,179           924,919
                                                           =====================================================
Port and maritime safety and security enhancements........            23,500             (\1\)             (\1\)
Aviation mission-hour gap.................................             5,000             (\1\)             (\1\)
                                                           -----------------------------------------------------
      Subtotal, Operating Expenses........................         6,194,925         6,556,188         6,596,788
                                                           =====================================================
Overseas contingency operations...........................  ................  ................           241,503
                                                           -----------------------------------------------------
      Total, Operating Expenses...........................         6,194,925         6,556,188         6,838,291
----------------------------------------------------------------------------------------------------------------
\1\Funded in traditional programs, projects, and activities.

                    OVERSEAS CONTINGENCY OPERATIONS

    The Committee provides $241,503,000 for Coast Guard 
operations in support of overseas contingency operations 
requirements. Funding for these activities was requested in the 
Department of Defense budget for the Navy. This is the same 
amount expected in fiscal year 2009 ($112,000,000 appropriated 
in Public Law 110-252 to Navy ``Operation and Maintenance'' for 
transfer to the Coast Guard; and $129,503,000 included in the 
conference report accompanying the Supplemental Appropriations 
Act, 2009 for Coast Guard ``Operating Expenses''). The 
Committee urges the administration to budget for Coast Guard 
overseas contingency operations under the Department of 
Homeland Security in future budget requests.

                     FINANCIAL MANAGEMENT OVERSIGHT

    The Committee recommends an increase of $20,000,000 and 44 
FTE to carry out the Coast Guard's Financial Strategy for 
Transformation and Audit Readiness, the same level as proposed 
in the budget request. This amount will allow the Coast Guard 
to address material weaknesses preventing accurate, complete, 
and timely financial information. These weaknesses have 
contributed greatly to the inability of financial auditors to 
provide an opinion on the Department's balance sheets. The 
Coast Guard shall periodically update the Committee on progress 
made toward attaining a clean audit.

                             MARINE SAFETY

    The Committee recommends an increase of $7,500,000 and 37 
FTE for the Coast Guard's marine safety program, the same level 
as proposed in the budget request. This amount will expand the 
Coast Guard's marine safety workforce, which has remained 
relatively stagnant in previous years.

                           BIOMETRICS AT SEA

    The Committee recommends an increase of $1,183,000 and 2 
FTE to expand Coast Guard efforts to identify dangerous 
individuals documented by the US-VISIT program, the same level 
as proposed in the budget request. This effort expands on a 
pilot project that resulted in a nearly 75 percent reduction in 
undocumented migrant flow from the Dominican Republic.

                            PROJECT SEAHAWK

    The Committee recommends an increase of $1,088,000 and 1 
FTE for Project Seahawk, the Interagency Operations Center in 
Charleston, South Carolina, the same level as proposed in the 
budget request. Project Seahawk is a multi-agency effort at the 
Federal, State, and local level to improve maritime domain 
awareness. This amount will pay for administrative services, 
facility support, information and communications system 
hardware maintenance, and software licensing and support. The 
Department of Justice will continue to administer the center 
through fiscal year 2009. The Coast Guard, as executive agent, 
will assume responsibility for administering the center in 
fiscal year 2010. The Committee notes that the information 
management component of the Interagency Operations Center 
Project, ``WatchKeeper'', will facilitate virtual participation 
for agencies that choose not to continue physical collocation 
at the Seahawk facility.

                         DATA CENTER MIGRATION

    The Committee recommends an increase of $20,400,000 for the 
migration of data systems to the Department of Homeland 
Security Data Center One, $2,000,000 below the amount requested 
in the budget. This effort is part of a Department-wide plan to 
consolidate existing component data centers into two secure, 
geographically diverse locations.

                    LONG RANGE AIDS TO NAVIGATION-C

    The Department's budget request proposes to terminate 
Loran-C stations on the basis that the system ``is no longer 
required by the armed forces, the transportation sector, or the 
Nation's security interests, and is used only by a small 
segment of the population.'' The justification goes on to say 
that ``the Loran-C system was not established as, nor was it 
intended to be, a viable systematic backup for GPS.'' The 
Committee believes additional time is needed for the Department 
to fully evaluate the need for a GPS backup system and the 
impact that decision will have on Loran-C. A general provision 
is included continuing funding for Loran-C through January 4, 
2010. Loran-C operations shall continue beyond that date only 
if the Commandant of the Coast Guard certifies that: (1) the 
termination of the Loran-C signal will not adversely impact the 
safety of maritime navigation; and (2) the Loran-C system 
infrastructure is not needed as a back-up to GPS or any other 
Federal navigation requirement. If the Commandant makes such a 
certification, the Loran-C signal shall be terminated effective 
January 4, 2010, and the Coast Guard shall commence a phased 
decommissioning of the Loran-C infrastructure.

                        NATIONAL MARITIME CENTER

    The Committee recommendation includes $17,320,000 for the 
National Maritime Center, the same as the budget request level.

                       OPERATIONS SYSTEMS CENTER

    The recommendation includes $3,600,000 above the request 
for customized tenant improvements in conjunction with the 
Operations Systems Center [OSC] expansion project. The OSC 
continues to experience steady growth in both the number of 
systems being developed and the number of people 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 4 years and it will not accommodate 
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 expeditiously produce a 
prospectus for this expansion and complete a competively 
awarded lease.

                    CRITICAL DEPOT LEVEL MAINTENANCE

    The Committee recommends $20,000,000 above the budget 
request to address the Coast Guard's significant backlog for 
critical depot level maintenance for aging surface, air, and 
shore assets. This additional amount will address crew safety, 
habitability, hazardous materials remediation, emergency and 
scheduled maintenance, and spare parts availability 
requirements. The Coast Guard's deferred maintenance backlog is 
in excess of $800,000,000.

                             WATCHSTANDERS

    The Committee recommends $1,000,000 above the budget 
request to meet increased operational demands and to increase 
situational awareness and information sharing in all Coast 
Guard command centers. This amount will allow the Coast Guard 
to add a total of 20 new watchstanders to Sector Command 
Centers that will be converted to Interagency Operation Centers 
[IOC].

                POLAR OPERATIONS AND MAINTENANCE FUNDING

    The Committee notes the budget request did not include 
transfer of operating and maintenance funds for the polar 
icebreakers from the National Science Foundation [NSF] to the 
Coast Guard as directed in the joint explanatory statement 
accompanying the Department of Homeland Security Appropriations 
Act, 2009 (Public Law 110-329). For fiscal year 2011, the 
Committee expects the operating and maintenance budget 
authority and associated FTE to be included in the Coast 
Guard's request. The two agencies shall update the existing 
Memorandum of Agreement to reflect the change in budget 
authority.

                         WORKFORCE ACTION PLAN

    The Coast Guard has failed to submit a workforce action 
plan to the Committee as required in Senate Report 110-396. The 
Committee expects this plan to be submitted expeditiously.

                            COAST GUARD YARD

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

              SECURITY OF LIQUEFIED NATURAL GAS OPERATIONS

    The Committee is concerned that the Coast Guard does not 
have enough resources to protect liquefied natural gas [LNG] 
tankers and terminals. The Committee also is concerned that a 
uniform approach does not exist to pay for the security of 
these operations. The Committee therefore directs the 
Secretary, in conjunction with the Commandant, to submit a 
report with an assessment of whether the Coast Guard has 
sufficient resources to protect LNG tankers and facilities and 
recommendations for strengthening the Coast Guard's security 
role. The report also should identify security funding 
alternatives. The Secretary is to submit the report within 6 
months after the date of enactment of this act.
    The Committee expects the Coast Guard to fully evaluate the 
impact of recreational and commercial vessel traffic in 
relation to navigational safety and security of a proposed LNG 
facility in Fall River, Massachusetts. The proposed project and 
associated vessel traffic may significantly limit access for 
commercial and recreational users on Mount Hope Bay and 
Narragansett Bay. The Committee directs the Coast Guard to 
report to the Committee within 6 months after the date of 
enactment of this act on its evaluation and recommendations to 
address the impacts on affected waterway users.

                  NATIONAL VESSEL DOCUMENTATION CENTER

    The Committee understands that user fee collections, which 
help pay for Coast Guard activities at the National Vessel 
Documentation Center [NVDC], have fallen significantly due to 
the economic downturn. The Committee directs the Coast Guard to 
avoid any reduction in the NVDC's government-employed or 
contract staff levels, paid through fee revenue, by reassigning 
such staff to non-fee related Coast Guard activities.

                ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriations, 2009....................................     $13,000,000
Budget estimate, 2010...................................      13,198,000
Committee recommendation................................      13,198,000

    The Environmental Compliance and Restoration account 
provides funds to address environmental problems at former and 
current Coast Guard units as required by applicable Federal, 
State, and local environmental laws and regulations. Planned 
expenditures for these funds include major upgrades to 
petroleum and regulated-substance storage tanks, restoration of 
contaminated ground water and soils, remediation efforts at 
hazardous substance disposal sites, and initial site surveys 
and actions necessary to bring Coast Guard shore facilities and 
vessels into compliance with environmental laws and 
regulations.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $13,198,000 for environmental 
compliance and restoration, $198,000 above the fiscal year 2009 
level and the same as the budget request.

                            RESERVE TRAINING

Appropriations, 2009....................................    $130,501,000
Budget estimate, 2010...................................     133,632,000
Committee recommendation................................     133,632,000

    The Reserve Training program provides trained units and 
qualified persons for active duty in the Coast Guard in time of 
war or national emergency, or at such other times as national 
security requires. Coast Guard reservists must also train for 
mobilization assignments unique to the Coast Guard in time of 
war, such as port security operations associated with the Coast 
Guard's Maritime Defense Zone mission, including deployable 
port security units.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $133,632,000, as proposed in the 
budget, for Reserve Training. This is $3,131,000 more than the 
fiscal year 2009 level and the same as the budget request.

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

Appropriations, 2009\1\.................................  $1,592,576,000
Budget estimate, 2010..........................   1,383,980,000
Committee recommendation................................   1,597,580,000

\1\Includes $98,000,000 provided in the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5).

    Funding in this account supports Coast Guard plans for 
fleet expansion and improvement. This funding provides for the 
acquisition, construction, and improvement [AC&I] of vessels, 
aircraft, information management resources, shore facilities, 
and aids to navigation required to execute the Coast Guard's 
missions and achieve its performance goals.
    Vessels.--The Coast Guard continues to acquire multi-
mission platforms that use advanced technology to reduce life-
cycle operating costs.
    Integrated Deepwater Systems (Deepwater).--The Deepwater 
capability replacement project is a multi-year, performance-
based acquisition that will replace or modernize the major 
Coast Guard cutters, offshore patrol boats, fixed wing 
aircraft, multi-missioned helicopters, and the communications 
equipment, sensors, and logistics systems required to maintain 
and operate them.
    Other Equipment.--The Coast Guard invests in numerous 
management information and decision support systems that will 
result in increased efficiencies, including Rescue 21, formerly 
the National Distress and Response System Modernization 
Project, and the Nationwide Automated Identification System.
    Shore Facilities.--The Coast Guard invests in modern 
structures that are more energy-efficient, comply with 
regulatory codes, minimize follow-on maintenance requirements, 
and replace existing dilapidated structures.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $1,597,580,000 for acquisitions, 
construction, and improvements, including $20,000,000 from the 
Oil Spill Liability Trust Fund.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                   ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
    Response Boat--Medium.................................           108,000           103,000           123,000
    Inland River Tender Replacement.......................             5,000  ................  ................
                                                           -----------------------------------------------------
      Subtotal, Vessels...................................           113,000           103,000           123,000
                                                           =====================================================
Integrated Deepwater Systems:
    Aircraft:
        Maritime Patrol Craft.............................            86,600           175,000           175,000
        HH-60 conversions.................................            52,700            45,900            45,900
        HC-130H conversions/sustainment...................            24,500            45,300            45,300
        HH-65 conversion/sustainment......................            64,500            38,000            38,000
        Unmanned aircraft systems.........................             3,000  ................  ................
        HC-130J fleet introduction........................            13,250             1,300             1,300
                                                           -----------------------------------------------------
          Subtotal, Aircraft..............................           244,550           305,500           305,500
                                                           =====================================================
    Surface ships:
        National Security Cutter..........................           353,700           281,480           389,480
        Offshore patrol cutter............................             3,003             9,800             9,800
        Fast Response Cutter..............................           115,300           243,000           243,000
        IDS Small boats...................................             2,400             3,000             3,000
        Polar Icebreaker sustainment......................            30,300  ................            27,300
        Patrol boats sustainment..........................            30,800            23,000            23,000
        Medium Endurance Cutter sustainment...............            35,500            31,100            31,100
        High Endurance Cutter sustainment.................  ................  ................             8,000
                                                           -----------------------------------------------------
          Subtotal, Surface...............................           571,003           591,380           734,680
                                                           =====================================================
Technology Obsolescence Prevention........................             1,500             1,900             1,900
C4ISR.....................................................            88,100            35,000            35,000
Logistics.................................................            37,700            37,700            37,700
Systems engineering and management........................            33,141            35,000            35,000
Government program management.............................            58,000            45,000            45,000
                                                           -----------------------------------------------------
      Subtotal, Integrated Deepwater System...............         1,033,994         1,051,480         1,194,780
                                                           =====================================================
Other Equipment:
    Nationwide Automatic Identification System............             8,600  ................  ................
    Defense Messaging System..............................             4,074  ................  ................
    Rescue 21.............................................            73,000           117,000           117,000
    High Frequency Recapitalization.......................             2,500             2,500             2,500
    Interagency Operations Centers (Command 21)...........             1,000  ................            28,000
                                                           -----------------------------------------------------
      Subtotal, Other Equipment...........................            89,174           119,500           147,500
                                                           =====================================================
Shore Facilities and Aids to Navigation:
    Survey and Design--Shore and Operational Support......             2,050             6,000             6,000
    Survey and Design--Coast Guard Academy Pier...........  ................  ................               300
    Waterways ATON Infrastructure.........................             4,000             4,000             4,000
    Coast Guard Station Cleveland Harbor..................  ................  ................            16,800
    Coast Guard Telecoms and Information Systems Center...             2,500  ................  ................
    Coast Guard Air Station Cape Cod--Runway Lighting.....             5,000  ................  ................
    Sector Delaware Bay--Consolidate Cape May Station.....            13,000  ................  ................
    Coast Guard Housing--Cordova, Alaska..................            11,600  ................  ................
    Coast Guard Academy--Chase Hall.......................            10,300  ................  ................
    Station Montauk--Purchase Housing.....................             1,550  ................  ................
    Rescue Swimmer Training Facility......................            15,000  ................  ................
    Sector Buffalo........................................             3,000  ................  ................
                                                           -----------------------------------------------------
      Subtotal, Shore Facilities and Aids to Navigation...            68,000            10,000            27,100
                                                           =====================================================
Coast Guard/DHS Headquarters..............................            97,578  ................  ................
Personnel and Related Support:
    Direct personnel costs................................            92,330            99,500           104,700
    Acquisition Costs.....................................               500               500               500
                                                           -----------------------------------------------------
      Subtotal, Personnel and Related Support.............            92,830           100,000           105,200
                                                           =====================================================
      Subtotal, Acquisitions, Construction, and Improve-           1,494,576         1,383,980         1,597,580
       ments..............................................
                                                           =====================================================
Emergency Appropriations (Public Law 111-5)...............            98,000  ................  ................
                                                           =====================================================
      Total, Acquisitions, Construction, and Improvements.         1,592,576         1,383,980         1,597,580
----------------------------------------------------------------------------------------------------------------

                         RESPONSE BOAT--MEDIUM

    The Committee recommends $123,000,000 for the Response Boat 
Medium [RB-M] acquisition, $20,000,000 above the budget 
request. This amount will allow the Coast Guard to purchase 40 
RB-Ms in fiscal year 2010, 10 above the request. The RB-M is a 
critical asset for the Coast Guard to replace aging 41-foot 
Utility Boats acquired in the early 1970s and will serve as a 
platform for boardings, search and rescues, and port security. 
Recent studies have identified the lack of response boats as an 
impediment to fully implementing the Coast Guard's mission 
requirements. The Committee notes that the RB-M project 
continues to meet or exceed cost, schedule, and performance 
parameters.

                           DEEPWATER FUNDING

    The Committee recommends $1,194,780,000 for Deepwater, 
$143,300,000 above the amount requested and $160,786,000 above 
the fiscal year 2009 level. Details of major procurements under 
this program and changes to the request are provided below.

                        MARITIME PATROL AIRCRAFT

    The Committee recommends $175,000,000 for the Maritime 
Patrol Aircraft [MPA], the same level as proposed in the budget 
request. This funding will allow the Coast Guard to acquire 2 
aircraft (13 and 14), mission systems, and a flight simulator. 
The funds will address the Coast Guard's MPA flight-hour gap by 
providing 2,400 additional MPA hours every year.

                        NATIONAL SECURITY CUTTER

    The recommendation includes $389,480,000 for the National 
Security Cutter [NSC] acquisition, $108,000,000 above the 
budget request. The Committee disagrees with the 
administration's decision to delay funding for the 5th NSC. The 
NSC program, which is already 2 years behind schedule, will be 
further delayed without additional funds. The 12 legacy cutters 
the NSC will replace are frequently out of service due to 
unscheduled maintenance requirements. These 12 cutters lose an 
average of 250 operational days per year due to unplanned 
maintenance, which is directly impacting the Coast Guard's 
ability to perform its many missions. Funds are provided to 
complete production of NSC #4 and for long-lead time materials 
for NSC #5, which ensures the Coast Guard is properly 
positioned to negotiate a best-value, fixed-price contract for 
NSC #4 and avoids additional project costs and recapitalization 
delays associated with a break in NSC production.
    The Committee strongly supports the procurement of one 
National Security Cutter per year until all eight planned ships 
are procured. The continuation of production without a break 
will ensure that these ships, which are vital to the Coast 
Guard's mission, are procured at the lowest cost, and that they 
enter the Coast Guard fleet as soon as possible.

                          FAST RESPONSE CUTTER

    The Committee recommends $243,000,000 for the Coast Guard's 
``Fast Response Cutter'' [FRC-B], the same level as proposed in 
the budget request. This funding will allow the Coast Guard to 
acquire four FRC-B hulls (5-8). The first FRC-B is scheduled 
for delivery in the third quarter of fiscal year 2011 and will 
be fully operational in fiscal year 2012. The Committee expects 
the Coast Guard to continue quarterly briefings on the status 
of this procurement, including critical decision points and 
dates, planned service life extensions of the existing 110-foot 
patrol boats, and patrol boat operational metrics.

                     MISSION EFFECTIVENESS PROJECT

    The recommendation includes $54,100,000 for the Mission 
Effectiveness Project, the same level as proposed in the budget 
request. Of this amount, $31,100,000 is for sustainment of 
three 270-foot and two 210-foot medium endurance cutters, and 
$23,000,000 is for sustainment of three 110-foot legacy patrol 
boats. This funding is intended to improve mission 
effectiveness of these vessels to allow them to meet their 
goals for program availability through the remainder of their 
service lives. This program has been successful in 
significantly reducing the number of major equipment casualties 
on these vessels resulting in a much higher percentage of time 
they are fully mission capable.

                         OFFSHORE PATROL CUTTER

    The recommendation includes $9,800,000 for the Offshore 
Patrol Cutter [OPC], the same level as proposed in the budget 
request. The Committee directs the Coast Guard to brief the 
Committee by April 30, 2010, on the results of the alternatives 
analysis for the OPC.

                               RESCUE 21

    The Committee provides $117,000,000 for Rescue 21, the same 
level proposed in the budget. The Coast Guard's quarterly 
acquisition report continues to identify risks associated with 
tower planning, particularly with ``obtaining leases, 
unexpected environmental issues, FAA restrictions, wetland 
delineation, and structural integrity issues.'' The Coast Guard 
is directed to continue quarterly briefings on the status of 
the program, including changes to the schedule outlined in the 
request or any deviation from the revised acquisition program 
baseline.

                      POLAR ICEBREAKER SUSTAINMENT

    The Committee recommends $32,500,000 above the budget 
request to complete the reactivation and service life extension 
of Coast Guard Cutter Polar Star. Of this amount, $5,200,000 is 
funded in the AC&I direct personnel costs PPA. Returning Polar 
Star to operational status is vital to ensuring the U.S. 
Government has the ability to project U.S. sovereignty and 
protect the broad range of security, economic, and 
environmental interests in the Arctic and Antarctic. Within 
this amount, the Coast Guard shall begin survey and design and 
conduct a business case analysis for either a new heavy polar 
icebreaker class or a major service life extension project for 
existing heavy icebreakers. The only existing heavy polar class 
icebreaker, the Polar Sea, has only 7 years remaining in its 
useful life.

                     INTERAGENCY OPERATIONS CENTERS

    The Committee provides $28,000,000 above the budget request 
to enhance port security and inter-agency cooperation at the 
Federal, State, and local level through the development of 
Interagency Operations Centers, which are authorized by the 
SAFE Port Act. Funds are provided for facility construction and 
deployment of sensors and an information management system to 
enhance maritime domain awareness in the Nation's ports. Within 
90 days after the date of enactment of this act, the Coast 
Guard shall submit an expenditure plan for these funds.

                   HIGH ENDURANCE CUTTER SUSTAINMENT

    Delays in the planned delivery of National Security Cutters 
have created a sustainment problem for the Coast Guard in 
maintaining its fleet of legacy High Endurance Cutters. The 
Committee is aware of efforts to assess the need and scope for 
a maintenance plan for the 378-foot High Endurance Cutter 
fleet. The Committee includes $8,000,000 above the request for 
pre-acquisition survey and design to determine the requirements 
for a maintenance effectiveness project. A similar program for 
the Medium Endurance Cutter fleet has been highly successful in 
increasing its fully-capable mission availability. The Coast 
Guard shall brief the Committee no later than 60 days after the 
date of enactment of this act on preliminary plans for this 
effort.

                             AC&I PERSONNEL

    The Committee provides $105,200,000 for personnel and 
related support, $5,200,000 above the budget request. These 
additional FTEs are necessary for the Coast Guard to perform 
the systems integrator role for the Deepwater Program and to 
execute traditional acquisition projects. This amount also 
includes personnel related costs to reactivate the Polar Star.
    The Committee is well aware of the limited pool of 
certified and experienced acquisition professionals. Therefore, 
the Committee encourages the Coast Guard to work with the 
appropriate authorizing committees to ensure that its hiring 
authorities are on par with those of the other armed services.
    According to recent testimony by the Government 
Accountability Office, ``there are approximately 200 contractor 
employees in support of the acquisition directorate--
representing 24 percent of its total acquisition workforce.'' 
Some of these contractors are performing core Government 
acquisition functions. The Coast Guard shall brief the 
Committee no later than 60 days after the date of enactment of 
this act on efforts to reduce reliance on contractors 
performing inherently governmental work.

           ICEBREAKING CAPABILITIES IN THE GREAT LAKES REGION

    The Committee recognizes the Coast Guard's icebreaking 
capabilities in the Great Lakes region are challenged by a 
taxing mission being placed upon an aging fleet. Modernization 
of this fleet is critical not only to the safe and efficient 
movement of commerce on the Great Lakes, but the safety of 
Great Lakes communities. The Committee directs the Coast Guard 
to conduct an alternatives analysis for Great Lakes 
icebreaking, which is to be submitted to the Committee no later 
than 4 months after the date of enactment of this act.

                       DEEPWATER EXPENDITURE PLAN

    The Coast Guard is directed to brief the Committee on its 
fiscal year 2010 deepwater expenditure plan not later than 60 
days after the date of enactment of this act. The briefing 
shall be consistent with the Deepwater expenditure plan 
requirements set forth in Public Law 110-329.

                     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 Committee notes 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 the Government Accountability Office. 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. Because the Coast Guard 
consistently fails to meet quarterly submission deadlines, the 
Committee withholds $30,000,000 from Headquarter Directorates 
until the second quarter report is submitted.

                          GAO DEEPWATER REVIEW

    The GAO is directed to continue its oversight of the 
Deepwater program. GAO's focus shall include an assessment of 
the Coast Guard's conversion projects for the HH-60 and HH-65 
platforms. The Committee is concerned with the schedule for 
both programs. According to the Coast Guard's quarterly 
acquisition reports, the schedule for the HH-60 program is at 
``significant risk'' and is not expected to meet projected 
milestones. The same reports show a moderate schedule risk for 
the HH-65 conversion program. Delays in the HH-65 conversion 
program have resulted in an unobligated balance in excess of 
$100,000,000 and the Coast Guard expects to carryover 
$58,729,000 into fiscal year 2010.

                        COAST GUARD ACADEMY PIER

    The Committee continues to be concerned with the condition 
of the Coast Guard Academy Pier. The pier, which was erected in 
1932, has severely deteriorated according to an independent 
assessment conducted on behalf of the Coast Guard in October 
2004. The Committee recommendation includes $300,000 for survey 
and design costs for this project.

                  COAST GUARD STATION CLEVELAND HARBOR

    The amount recommended for shore facilities includes 
$16,800,000 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.

                        CAPITAL INVESTMENT PLAN

    The Committee expects the Coast Guard to continue to submit 
a comprehensive capital investment plan each year at the time 
the President's budget is submitted to the Congress.
    The Committee directs the Commandant to provide to the 
Congress, at the time of the President's budget submission, a 
list of approved but unfunded Coast Guard priorities and the 
funds needed for each.

                         ALTERATION OF BRIDGES

Appropriations, 2009\1\.................................    $158,000,000
Budget estimate, 2010..........................................
Committee recommendation................................       4,000,000

\1\Includes $142,000,000 provided in the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5).

    Under the provisions of the Truman-Hobbs Act of June 21, 
1940 (33 U.S.C. 511 et seq.), the Coast Guard, as the Federal 
Government's agent, is required to share with owners the cost 
of altering railroad and publicly owned highway bridges which 
obstruct the free movement of navigation on navigable waters of 
the United States in accordance with the formula established in 
33 U.S.C. 516. Alteration of obstructive highway bridges is 
eligible for funding from the Federal-Aid Highways program.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $4,000,000 above the request for 
the Fort Madison Bridge in Iowa. This bridge has 90 percent of 
its design completed and could begin construction once 
sufficient funding is in place.

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Appropriations, 2009....................................     $18,000,000
Budget estimate, 2010...................................      19,745,000
Committee recommendation................................      29,745,000

    The Coast Guard's Research and Development program develops 
techniques, methods, hardware, and systems that directly 
contribute to increasing the productivity and effectiveness of 
the Coast Guard's operating missions. This account provides 
funds to operate and maintain the Coast Guard Research and 
Development Center.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $29,745,000 for the Coast Guard's 
research, development, test, and evaluation activities, 
$10,000,000 above the budget request and $11,745,000 above the 
fiscal year 2009 level.
    The Committee recommends $10,000,000 above the request for 
continued land and cutter-based Unmanned Aerial System [UAS] 
priority research. The Coast Guard is scheduled to make a final 
recommendation on the most effective UAS for the National 
Security Cutter [NSC] in March 2010. These additional funds 
will enable the Coast Guard to perform dynamic testing, 
including launch and recovery from aboard the NSC. Further, 
this funding will allow the Coast Guard to continue its 
partnership with U.S. Customs and Border Protection in the 
development and field testing of land-based UAS solutions 
capable of operating in the maritime environment through 
advanced concept technology demonstrations.

                              RETIRED PAY

Appropriations, 2009....................................  $1,236,745,000
Budget estimate, 2010...................................   1,361,245,000
Committee recommendation................................   1,361,245,000

    This account provides for the retired pay of military 
personnel of the Coast Guard and Coast Guard Reserve, members 
of the former Lighthouse Service, and for annuities payable to 
beneficiaries of retired military personnel under the retired 
serviceman's family protection plan (10 U.S.C. 1431-1446) and 
survivor benefit plan (10 U.S.C. 1447-1455); payments for 
career status bonuses under the National Defense Authorization 
Act; and payments for medical care of retired personnel and 
their dependents under the Dependents Medical Care Act (10 
U.S.C., ch. 55).

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $1,361,245,000, as proposed in the 
budget, for retired pay.

                      United States Secret Service


                         SALARIES AND EXPENSES

Appropriations, 2009\1\.................................  $1,508,729,000
Budget estimate, 2010...................................   1,485,609,000
Committee recommendation................................   1,482,709,000

\1\Includes $100,000,000 in emergency appropriations pursuant to the 
Omnibus Appropriations Act, 2009 (Public Law 111-8).

    The United States Secret Service's salaries and expenses 
appropriation provides funds for the security of the President, 
the Vice President, and other dignitaries and designated 
individuals; for enforcement of laws relating to obligations 
and securities of the United States and laws relating to 
financial crimes; and for protection of the White House and 
other buildings within the Washington, DC, metropolitan area.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $1,482,709,000 for Salaries and 
Expenses. This is an increase of $73,980,000 from the 
comparable fiscal year 2009 level, excluding emergency funding, 
and $2,900,000 below the amount proposed in the budget.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                               UNITED STATES SECRET SERVICE--SALARIES AND EXPENSES
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                   Fiscal year
                                                                   Fiscal year     2010 budget      Committee
                                                                  2009  enacted      request     recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, Management and Administration....................         182,104         221,045          221,045
Protection:
    Protection of Persons and Facilities.......................         705,918         759,561          759,561
    Protective Intelligence Activities.........................          59,761          67,824           67,824
    National Special Security Events...........................           1,000           1,000            1,000
    Presidential Candidate Nominee Protection..................          41,082  ..............  ...............
    White House Mail Screening.................................          33,701          25,315           22,415
                                                                ------------------------------------------------
      Subtotal, Protection.....................................         841,462         853,700          850,800
                                                                ================================================
Investigations:
    Domestic Field Operations..................................         241,772         260,892          260,892
    International Field Office Administration, Operations, and           30,000          30,705           30,705
     Train-  ing...............................................
    Electronic Crimes Special Agent Program and Electronic               51,836          56,541           56,541
     Crimes Task Forces........................................
    Support for Missing and Exploited Children.................           8,366           8,366            8,366
                                                                ------------------------------------------------
      Subtotal, Investigations.................................         331,974         356,504          356,504
                                                                ================================================
Training: Rowley Training Center...............................          53,189          54,360           54,360
                                                                ------------------------------------------------
      Total, Salaries and Expenses.............................       1,508,729       1,485,609        1,482,709
                                                                ================================================
      Appropriations...........................................       1,408,729       1,485,609        1,482,709
      Emergency Appropriations (Public Law 111-5)..............         100,000  ..............  ...............
----------------------------------------------------------------------------------------------------------------

                  INTERNATIONAL ACTIVITIES AND OFFICES

    In fiscal year 2008, Secret Service international offices 
closed 188 counterfeit cases, 180 financial crimes cases, 444 
protective intelligence cases, 466 protective surveys, and 217 
non-criminal cases. During this period, Secret Service 
international offices also assisted its law enforcement 
partners abroad with the arrest of 657 suspects, while seizing 
over $31,300,000 in counterfeit United States currency before 
it could be introduced into circulation.
    The Committee recommends $30,705,000 and 74 FTE, as 
requested, for international field office administration, 
operations, and training. This includes $700,000, as requested, 
for operations of the Tallinn, Estonia international field 
office. The Consolidated Security, Disaster Assistance, and 
Continuing Appropriations Act, 2009 (Public Law 110-329), 
provided the Secret Service with an additional $1,658,000 to 
expand foreign field office operations, as originally proposed 
by the Senate. These funds were intended to assist in overseas 
activities, including the opening of an international office to 
combat the increase in financial institution fraud, credit card 
fraud, and counterfeiting of United States currency emanating 
from the Baltic region. The Secret Service has determined that 
the best Baltic location from which to combat this threat is 
Tallinn, Estonia. The Committee is aware that the Secret 
Service operates in 22 overseas locations and notes that 5 new 
overseas offices have opened since January 9, 2005. The 
Committee directs the Secret Service to open the Tallinn office 
immediately and includes bill language directing that this 
office be opened with the fiscal year 2009 funding made 
available for this purpose.

           INFORMATION INTEGRATION AND TRANSFORMATION PROGRAM

    The Committee became aware of the significant information 
technology [IT] integration and transformation requirements 
facing the Secret Service during the 2008-2009 Presidential 
transition and provided $31,700,000 in emergency funding for 
the Secret Service to immediately address White House 
Communications Agency interoperability requirements and to 
begin jointly addressing these additional IT funding 
requirements with the Office of Management and Budget. The 
Committee recommends funding of $97,974,000, an increase of 
$33,960,000 and 3 FTE, as requested; and directs the Secret 
Service and the DHS Chief Information Officer to provide 
semiannual briefings on progress in upgrading these IT systems 
and programs.

                     ELECTRONIC CRIMES TASK FORCES

    The Committee strongly supports the Electronic Crimes Task 
Force program, authorized in the USA PATRIOT Act of 2001 
(Public Law 107-56), and is pleased that it is operating in 24 
locations across the Nation. The Committee recommends 
$56,541,000 and 317 FTE, an increase of $2,000,000 over the 
fiscal year 2009 level and the amount requested in the budget.

                           UNIFORMED DIVISION

    The Committee notes that the Uniformed Division plays a 
critical role in providing protective services to Secret 
Service protectees and others. In the past 3 fiscal years, an 
average of 12.7 percent of Uniformed Division Officers have 
become Special Agents. The Committee believes it is important 
to make full use of these officers' expertise and notes that 
authorizing language has been submitted to Congress to reform 
the pay structure for the Uniformed Division of the Secret 
Service. The Committee provides $4,040,000 associated with this 
proposed salary restructuring. Bill language is included to 
withhold the obligation of these funds until enactment of 
authorizing language that incorporates the authorities of the 
United States Secret Service Uniformed Division into the United 
States Code.

                  WHITE HOUSE MAIL SCREENING FACILITY

    The Committee recommends $22,415,000, $2,900,000 below the 
budget request for the White House mail facility, due to one-
time equipment costs funded in fiscal year 2009.

                     MISSING AND EXPLOITED CHILDREN

    As requested by the President, the Committee provides 
$2,366,000 for the Secret Service's forensic support costs, and 
provides $6,000,000, to remain available until expended, for 
activities related to investigations of exploited children.

     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

Appropriations, 2009....................................      $4,225,000
Budget estimate, 2010...................................       3,975,000
Committee recommendation................................       3,975,000

    This appropriation provides funding for security upgrades 
of existing facilities; to continue development of the current 
master plan; to maintain and renovate existing facilities, 
including the James J. Rowley Training Center (Center); and to 
ensure efficient and full utilization of the Center.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends an appropriation of $3,975,000, 
the same as the amount proposed in the budget, for acquisition, 
construction, repair, and improvement expenses of the Secret 
Service for fiscal year 2010.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

    The National Protection and Programs Directorate aims to 
foster better integration of national approaches between 
strategic homeland security programs, facilitate infrastructure 
protection, ensure broad emergency communications capabilities, 
integrate risk management, identity safeguards for visitors to 
this country, and ensure the protection of Federal buildings 
and facilities.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                  NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Fiscal year
                                                                 Fiscal year      2010 budget       Committee
                                                                2009  enacted       request      recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration................................           51,350           44,577           44,577
Infrastructure Protection and Information Security:\1\
    Infrastructure Protection................................          313,800          333,303          346,303
    National Cyber Security Division.........................          313,500          400,654          398,654
    Office of Emergency Communications.......................           38,300           44,060           44,060
    National Security Emergency Preparedness Telecoms........          141,313          140,149          112,399
United States Visitor and Immigrant Status Indicator Technolo-         300,000          356,194          378,194
   gy........................................................
Federal Protective Service\2\................................            (\3\)        1,115,000        1,115,000
                                                              --------------------------------------------------
      Total, National Protection and Programs Directorate            1,158,263        2,433,937        2,439,187
       (gross)...............................................
                                                              ==================================================
Offsetting Fee Collections...................................            (\3\)       -1,115,000       -1,115,000
                                                              --------------------------------------------------
      Total, National Protection and Programs Directorate            1,158,263        1,318,937        1,324,187
       (net).................................................
----------------------------------------------------------------------------------------------------------------
\1\PPA realignment proposed in the President's budget request not displayed due to lack of comparability.
\2\Fully funded by offsetting collections paid by General Services Administration tenants and credited directly
  to this appropriation.
\3\The Federal Protective Service was funded in U.S. Immigration and Customs Enforcement in fiscal year 2009.

                     MANAGEMENT AND ADMINISTRATION

Appropriations, 2009....................................     $51,350,000
Budget estimate, 2010...................................      44,577,000
Committee Recommendation................................      44,577,000

    This account funds salaries and expenses for the Office of 
the Under Secretary, which oversees all activities of the 
National Protection and Programs Directorate [NPPD]. This 
account also funds business operations, information technology 
support services, and the Office of Risk Management and 
Analysis.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $44,577,000, for Management and 
Administration, of which $9,895,000 is for the Office of Risk 
Management and Analysis. This is $6,773,000 less than fiscal 
year 2009 due to the reallocation of administrative expenses to 
``Infrastructure Protection and Information Security'', and the 
same amount as requested in the budget.

                            NPPD PERFORMANCE

    Tasked with a broad mission, NPPD remains loosely defined 
and lacks focus in many critical areas. The Committee remains 
frustrated with NPPD's continued inability to clearly 
articulate goals, demonstrate accomplishments, hire needed 
staff, obligate appropriated resources, or describe its 
programs. Over the past several years, these failures have led 
Congress to provide funding below requested levels or withhold 
appropriated funds from obligation pending the receipt of 
further information. Last year, for example, because of a poor 
budget justification, Congress withheld from obligation half of 
the $50,200,000 appropriated for fiscal year 2009 for the Next 
Generation Networks Program until the Committees on 
Appropriations receive and approve an expenditure plan. While 
the Department asserted this program was critical to maintain 
emergency communications for Government officials, it has 
submitted no expenditure plan although it is 8 months into the 
fiscal year. The lack of management improvements puts the 
Directorate's important work in jeopardy and fails to make 
Americans safer. NPPD management must be improved. The Under 
Secretary for National Protection and Programs Directorate is 
directed to provide quarterly briefings to the Committee on the 
specific use of resources provided in this act, including how 
the investments are improving the security of the Nation.

                 OFFICE OF RISK MANAGEMENT AND ANALYSIS

    The mission of the Office of Risk Management and Analysis 
[RMA] is to lead the Department's efforts to establish a common 
framework to address the overall management and analysis of 
homeland security risk. In the context of that mission, the 
Committee directs NPPD to provide an expenditure plan for the 
RMA no later than 90 days after the date of enactment of this 
act. The expenditure plan shall include the specific projects 
on which RMA will work; the quantifiable outcomes of each 
program; and how specifically the programs contribute to the 
mission of risk management and analysis for the Department and 
for the Nation.

           INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

Appropriations, 2009....................................    $806,913,000
Budget estimate, 2010...................................     918,166,000
Committee recommendation................................     901,416,000

    Infrastructure Protection and Information Security [IPIS] 
assists the entities and people responsible for securing the 
Nation's critical infrastructure assets. In addition, IPIS 
works collaboratively with public, private, and international 
entities to secure cyberspace and U.S. cyber assets, and reduce 
the vulnerability of the Nation's telecommunications and 
information technology infrastructures.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends total appropriations of 
$901,416,000 for Infrastructure Protection and Information 
Security [IPIS] programs.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                               INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                   Fiscal year
                                                                   Fiscal year     2010 budget      Committee
                                                                  2009  enacted    request\1\    recommendations
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection:
    Identification and Analysis................................          80,603          86,610           90,610
    Coordination and Information Sharing.......................          62,367          50,582           59,582
    Mitigation Programs........................................         170,830         196,111          196,111
                                                                ------------------------------------------------
      Subtotal, Infrastructure Protection......................         313,800         333,303          346,303
                                                                ================================================
National Cyber Security Division:
    U.S. Computer Emergency Response Team [US-CERT]............         254,924         333,629          331,629
    Strategic Initiatives......................................          49,138          57,679           57,679
    Outreach Programs..........................................           9,438           9,346            9,346
                                                                ------------------------------------------------
      Subtotal, National Cyber Security Division...............         313,500         400,654          398,654
                                                                ================================================
Office of Emergency Communications.............................          38,300          44,060           44,060
National Security/Emergency Preparedness Telecommunications:
    Priority Telecommunications Service........................          58,740          56,773           56,773
    Next Generation Networks...................................          50,250          50,250           25,000
    Programs to Study and Enhance Telecommunications...........          15,100          19,274           16,774
    Critical Infrastructure Protection.........................          11,260          13,852           13,852
    National Command and Coordination Capability...............           5,963  ..............  ...............
                                                                ------------------------------------------------
      Subtotal, National Security/Emergency Preparedness                141,313         140,149          112,399
       Telecommunications......................................
                                                                ================================================
      Total, Infrastructure Protection and Information Security         806,913         918,166          901,416
----------------------------------------------------------------------------------------------------------------
\1\PPA realignment proposed in the President's budget request not displayed due to lack of comparability.

                       INFRASTRUCTURE PROTECTION

    The Committee provides $346,303,000 for Infrastructure 
Protection, $13,000,000 above the level in the request. The 
increase is for programs within Coordination and Information 
Sharing as discussed below.
    The Committee understands that the Office of Infrastructure 
Protection [OIP] continues to look for and provide innovative 
initiatives to enhance security. The Committee encourages OIP 
to continue to work with the University of Southern Mississippi 
to address the range of potential and actual threats and risks 
to the ongoing safety and security at venues with large crowds.

      NATIONAL INFRASTRUCTURE PROTECTION PLAN MANAGEMENT/CRITICAL 
             INFRASTRUCTURE AND KEY RESOURCES PARTNERSHIPS

    The Committee recommends an increase of $9,000,000 above 
the request level, and $2,785,000 below fiscal year 2009, for 
National Infrastructure Protection Plan Management and Critical 
Infrastructure and Key Resources Partnerships within 
Coordination and Information Sharing. The Committee continues 
to recognize the important role these efforts play in fostering 
and sustaining collaborative relationships between industry and 
Government.

                   INFRASTRUCTURE SECURITY COMPLIANCE

    The Committee recommends $103,363,000 the same amount as 
the budget request, and $25,363,000 above fiscal year 2009, for 
infrastructure security compliance, including the chemical 
facility and ammonium nitrate security programs. The Committee 
supports the proposed increase in the budget which includes an 
additional 23 FTE for these important programs. The increase, 
combined with the conversion of contract employees to Federal 
employees, will increase the total number of FTE by 168 over 
fiscal year 2009, for a total of 246 FTE. The Committee expects 
that an accelerated hiring process will be fully maximized to 
bring qualified and vetted personnel on board quickly and 
directs NPPD to provide a monthly update of the FTE on-board 
and specific actions being taken to ensure expeditious hiring.

         NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER

    The Committee recommends $20,000,000, the same as the 
fiscal year 2009 level and an increase of $4,000,000 above the 
budget request, for the National Infrastructure Simulation and 
Analysis Center [NISAC], New Mexico. The Committee expects 
Sandia and Los Alamos National Laboratories, located in New 
Mexico, to continue to develop NISAC and to be the lead 
entities in this initiative to secure the Nation's critical 
infrastructure. The Committee encourages NISAC to continue to 
work with the National Incident Management Systems and Advanced 
Technologies Institute [NIMSAT] at the University of Louisiana 
at Lafayette. NIMSAT is uniquely qualified to support NISAC's 
work in the gulf coast region.

                           BOMBING PREVENTION

    The Committee recommends $14,768,000 for the Office for 
Bombing Prevention [OBP], the same amount as the budget request 
and an increase of $4,200,000 from the fiscal year 2009 level. 
The OBP leads the DHS effort to enhance Federal, State, and 
local capabilities to deter, detect, protect against, and 
respond to attacks that use improvised explosive devices. This 
is accomplished through prevention efforts, gap analysis, and 
information sharing. The increase will accelerate the analysis 
of critical gaps by conducting 68 additional capabilities 
assessments. This will allow a total of 132 assessments to be 
completed for bomb squads, canine units, dive teams, and 
special teams, providing a better understanding of the Nation's 
capabilities for a known threat.

                       VULNERABILITY ASSESSMENTS

    The Committee recommends $26,521,000 for Vulnerability 
Assessments, the same amount as requested in the budget and 
$3,000,000 above the fiscal year 2009 level. Vulnerability 
Assessments are a collaborative effort between Federal, State, 
local, and private sectors to identify vulnerabilities and 
enhance the security of high-risk infrastructure, ranging from 
single-site security to large-scale regional efforts. The 
requested increase will support nuclear reactor security 
consultations required by section 657 of the Energy Policy Act 
of 2005 by identifying potential vulnerabilities and threats to 
proposed new reactors.

                        NEXT GENERATION NETWORKS

    The Committee recommends $25,000,000 for the Next 
Generation Networks Program, instead of $50,250,000 as 
requested in the budget.
    In the Homeland Security Appropriations Act, 2009, the 
Committees withheld from obligation one-half of the $50,250,000 
appropriated for fiscal year 2009 for Next Generation Networks 
until the Committees on Appropriations receive and approve an 
expenditure plan. The withholding was included because of a 
poor budget justification. To date, no expenditure plan has 
been submitted although it is 8 months into the fiscal year. 
Therefore, it is clear that the $25,125,000 which was withheld 
will be available for this program in fiscal year 2010 and the 
full amount requested will not be needed. In addition, the 
Secretary is directed to provide an expenditure plan for fiscal 
year 2010 to the Committees on Appropriations no later than 90 
days after the date of enactment of this act.

            PROGRAMS TO STUDY AND ENHANCE TELECOMMUNICATIONS

    The Committee recommends $16,774,000, $2,500,000 below the 
request level and $1,674,000 above the fiscal year 2009 level. 
The Committee supports the enhanced telecommunications mission, 
however, remains frustrated by the lack of clarity provided 
regarding the goals and outcomes of the requested levels.

              NATIONAL COMMAND AND COORDINATION CAPABILITY

    No funds are provided for the National Command and 
Coordination Capability, $5,963,000 below fiscal year 2009, and 
the same level as the budget request.

                    NATIONAL CYBER SECURITY DIVISION

    The Committee recommends $398,654,000 for the National 
Cyber Security Division, an increase of $85,154,000 from the 
fiscal year 2009 level and $2,000,000 below the budget request. 
The increase above the enacted amount provides additional 
resources to assess and mitigate critical information 
technology assets and provide cyber threat, analysis, early 
warning, and incident response assistance for public and 
private sector constituents. Of the total amount, $8,000,000 is 
provided for data center consolidation and migration, which is 
$2,000,000 below the request. The reduction is based on the 
Department's execution plan that has activity occurring in 
fiscal year 2011.
    The Committee recommendation includes $2,250,000 for the 
Cyber Security Information Sharing and Collaboration Program, 
the same amount as the fiscal year 2009 and budget request 
levels.

                    NATIONWIDE CYBER SECURITY REVIEW

    The security of State and local information technology 
networks has serious implications for homeland security, as 
network security affects both the continuity of Government and 
the operations of critical infrastructure. Cyber attacks have 
disrupted State government networks, systems, and operations. 
Despite its importance, there is not a comprehensive effort to 
evaluate the security level of State or local information 
technology networks, as it pertains to cyberspace. The 
Committee directs the Secretary, in coordination with the 
Federal Emergency Management Agency [FEMA] and NPPD, to report 
on the status of cyber security measures in place, and gaps in 
all 50 States and the largest urban areas by June 1, 2010. The 
report should include certifications from each State and urban 
area as to the exact status of cyber security measures in 
place, when the date security plans were last updated, the 
dates contingency exercises were last conducted, and plans for 
disaster recovery. Similar language is included in the FEMA 
section of this report.

                   OFFICE OF EMERGENCY COMMUNICATIONS

    The Committee recommends $44,060,000 for the Office of 
Emergency Communications [OEC], the same amount as the budget 
request and $5,760,000 above the fiscal year 2009 level. The 
Committee recognizes the vital role of the OEC in supporting 
the needs and demands of emergency response personnel at all 
levels of Government and across all disciplines.
    This budget request level approved by the Committee 
includes two important increases. First, an increase of 
$3,851,000 over the fiscal year 2009 level, for a total of 
$11,635,000 in technical assistance. This supports a known 
need. Last year, there were 239 requests for technical 
assistance from 54 States and territories and OEC could only 
fill 150 of the requests. Second, an increase of $2,500,000 and 
8 FTE for the Regional Communications Coordinators [RCCs] which 
will support FEMA and State and local emergency preparedness 
organizations in the complex mix of cyber, telecommunications, 
and broadcast communication technologies. OEC is encouraged to 
place RCCs in FEMA regional offices to enhance efficiency.
    The Committee recognizes that progress has been made in 
interoperability among Federal, State, and local governments 
with the completion of Statewide Communication Interoperability 
Plans, and the National Emergency Communications Plan [NECP]. 
The first goal established in the NECP is to have 90 percent of 
high risk urban areas demonstrate emergency response 
communications within an hour of a routine event. OEC has 
expressed confidence that the goal will be met. However, the 
Committee is concerned that the Federal Government is not 
making sufficient progress in implementing interoperability 
among Federal agencies. The Government Accountability Office in 
a December 2008 report examining the Department of Justice and 
the Department of Homeland Security radio communications [GAO-
09-133] found that a primary reason the ``collaboration on a 
joint communications solution has not been successful is that 
departments did not effectively employ key cross-agency 
collaboration practices''. Unfortunately, OEC has been slow to 
establish the Emergency Communications Preparedness Center 
[ECPC] which was authorized in the Homeland Security Act of 
2002 to serve as a focal point for Federal interdepartmental 
communications efforts. The Committee directs GAO to evaluate 
the progress made in standing up the ECPC and identify any 
obstacles to Federal agency coordination through the ECPC.

    UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

Appropriations, 2009....................................    $300,000,000
Budget estimate, 2010...................................     356,194,000
Committee recommendation................................     378,194,000

    The United States Visitor and Immigrant Status Indicator 
Technology [US-VISIT] account funds the development of a system 
to collect, maintain, and share appropriate information through 
an integrated information technology system, which determines 
the eligibility of aliens for admissions and benefits.
    The US-VISIT program office has lead responsibility within 
the Department of Homeland Security to work with the Federal 
Bureau of Investigation [FBI] on the further integration of the 
Automated Biometric Identification System [IDENT] and the FBI's 
Integrated Automated Fingerprint Identification System [IAFIS].

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $378,194,000, $22,000,000 above 
the budget request, to remain available until expended, for the 
United States Visitor and Immigrant Status Indicator Technology 
[US-VISIT].

                  IMPLEMENTATION OF BIOMETRIC AIR EXIT

    The Committee strongly supports the full implementation of 
a biometric air exit capability at the earliest practicable 
time.
    The Department of Homeland Security Appropriations Act, 
2009 required US-VISIT to test and report on the collection of 
biometrics from non-U.S. citizens exiting the United States in 
two different settings at airports--air carrier collection of 
biometrics from passengers already subject to US-VISIT entry 
requirements and CBP collection of those passengers' biometrics 
at the boarding gate--before funding can be released to support 
the publication of an air/sea biometric exit final rule and the 
deployment of biometric exit procedures to airports and 
seaports.
    Unfortunately, no airline agreed to participate in a pilot. 
Consequently, US-VISIT is conducting the one required pilot, in 
which CBP collects biometrics from non-U.S. citizens at the 
departure gate at the Detroit Metropolitan Wayne County 
Airport, and another in which the Transportation Security 
Administration is collecting biometrics from non-U.S. citizens 
at a security checkpoint at the Hartsfield-Jackson Atlanta 
International Airport. These pilots began on May 28, 2009.
    No additional funds are requested in the President's fiscal 
year 2010 budget for a biometric air exit capability. The 
Secretary has indicated that approximately $28,000,000 remains 
available from prior year appropriations for this purpose. The 
evaluation of the air exit pilots is scheduled to be completed 
by the beginning of fiscal year 2010. The Committee includes 
bill language requiring that no less than $28,000,000 of funds 
carried forward be used solely for implementation of a 
biometric air exit capability. Further, the Committee 
recommends an additional $22,000,000, above the request, making 
a total of $50,000,000, for implementation of a biometric air 
exit capability in 2010.
    The Committee directs the Secretary to provide quarterly 
briefings on the progress in implementing a biometric air exit 
system, beginning October 1, 2009.

                  TIMELINESS OF SPEND PLAN SUBMISSION

    The Committee continues to be concerned with the repeated 
delays in submitting the statutorily required expenditure plans 
for US-VISIT which have resulted in large carryover balances 
from one year to the next. For example, the 2008 expenditure 
plan was not submitted until June 12, 2008, which meant that 
nearly a quarter of the program's budget carried over into 
fiscal year 2009. Similarly, the fiscal year 2009 report was 
submitted on April 9, 2009. It should not take half of a fiscal 
year to submit an expenditure plan for a critical security 
program such as US-VISIT. The Committee understands that new 
procedures have been developed in which the US-VISIT program 
office is working with the DHS chief executive officers to 
obtain on a more timely basis the program certifications 
required within appropriations language by providing program 
documentation on a more recurring basis throughout the year. 
US-VISIT's goal is to complete the expenditure plan within five 
weeks of the end of the fiscal year. The Committee strongly 
supports this effort and includes bill language mandating 
submission of the fiscal year 2010 plan not later than 90 days 
after the date of enactment of this act.

       UNIQUE IDENTITY/IAFIS INTEGRATION AND 10-PRINT TRANSITION

    Since the creation of the Department, this Committee has 
strongly supported and encouraged real-time interoperability 
between the IDENT and IAFIS biometric databases and the 
transition to capturing 10 fingerprints of all visitors to the 
United States. The Committee notes that the interoperability 
effort from September 2006 through April 25, 2009, has 
identified more than 36,696 individuals with wants and warrants 
or who are known or suspected terrorists and has prevented 
their entry into the United States. The Committee recognizes 
that while the FBI's transition to the Next Generation 
Identification of fingerprinting technology is an ongoing, 
multi-year process, the Committee fully funds the $28,700,000 
request for Unique Identity as US-VISIT continues its portion 
of the interoperability effort with the FBI. The Committee 
directs the US-VISIT program office to continue aggressively 
pursuing this issue and to continue providing quarterly 
briefings on progress being made on Unique Identity.

                       FEDERAL PROTECTIVE SERVICE

Appropriations, 2009....................................           (\1\)
Budget estimate, 2010\2\ \3\............................   1,115,000,000
Committee recommendation\2\ \3\.........................   1,115,000,000

\1\The Federal Protective Service was funded in U.S. Immigration and 
Customs Enforcement in fiscal year 2009.
\2\Fully funded by offsetting collections paid by General Services 
Administration tenants and credited directly to this appropriation.
\3\CBO re-structured FPS collections in its 2010 re-estimate of the 
President's budget to include reimbursable contract guard service 
collections, which had not been displayed in prior years.

    The Federal Protective Service [FPS] is responsible for the 
security and protection of Federal property under the control 
of the General Services Administration [GSA]; and for the 
enforcement of laws for the protection of persons and property, 
the prevention of breaches of peace, and enforcement of any 
rules and regulations made and promulgated by the GSA 
Administrator. The FPS authority can also be extended by 
agreement to any area with a significant Federal interest. The 
FPS account provides funds for the salaries, benefits, travel, 
training, and other expenses of the program, offset by 
collections paid by GSA tenants and credited to the account.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $1,115,000,000, as requested, for 
salaries and expenses of the Federal Protective Service for 
fiscal year 2010; this amount is fully offset by collections of 
security fees.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                           FEDERAL PROTECTIVE SERVICE
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                enacted\1\     budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................  ................           213,673           213,673
Building specific security................................  ................           426,327           426,327
Reimbursable security fees (contract guard services)......  ................           475,000           475,000
                                                           -----------------------------------------------------
      Total, Federal Protective Service...................  ................         1,115,000         1,115,000
Offsetting Fee Collections................................  ................        -1,115,000        -1,115,000
----------------------------------------------------------------------------------------------------------------


    \1\The Federal Protective Service was funded in U.S. Immigration 
and Customs Enforcement in fiscal year 2009.

                          FINANCIAL MANAGEMENT

    The Committee believes in the FPS mission and supports the 
transfer of FPS from U.S. Immigration and Customs Enforcement 
to the National Protection and Preparedness Directorate [NPPD]. 
The Committee continues to have serious concern that this 
agency has not received the attention and support that its 
critical mission requires. The fact that the budget appendix 
failed to include the actual bill language for this agency did 
not send a reassuring message. To ensure that FPS receives 
appropriate oversight, the Committee directs the Under 
Secretary of NPPD to provide semi-annual briefings to the 
Committees on Appropriations on the agency's financial status, 
management, staffing, and mission. The first briefing shall 
occur no later than January 15, 2010.
    Because FPS suffered from years of neglect after its 
transfer in 2003 from GSA to the Department, the Congress took 
legislative steps to ensure that FPS regained its traditional 
role as a protector of Federal buildings and the women and men 
who work in and visit them. The Department of Homeland Security 
Appropriations Act, 2009, required the Secretary and the 
Director of the Office of Management and Budget to certify that 
FPS is sufficiently funded to support a staff of 1,200 
employees, including at least 900 Police Officers, Inspectors, 
Area Commanders, and Special Agents by December 31, 2008. The 
Committee includes similar language this year.

                        Office of Health Affairs

Appropriations, 2009....................................    $157,191,000
Budget estimate, 2010...................................     138,000,000
Committee recommendation................................     135,000,000

                                SUMMARY

    The Office of Health Affairs [OHA], headed by the Chief 
Medical Officer who also serves as the Assistant Secretary for 
Health Affairs, leads the Department on medical issues related 
to natural and man-made disasters; serves as the principal 
advisor to the Secretary on medical and public health issues; 
coordinates biodefense activities within the Department; and 
serves as the Department's primary contact with other 
Departments and State, local, and tribal governments on medical 
and public health issues.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                            OFFICE OF HEALTH AFFAIRS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                   Fiscal year
                                                                   Fiscal year     2010 budget      Committee
                                                                  2009 enacted       request     recommendations
----------------------------------------------------------------------------------------------------------------
BioWatch.......................................................         111,606          94,513           89,513
National Biosurveillence Integration System....................           8,000           8,000            8,000
Rapidly Deployable Chemical Detection System...................           2,600           2,600            2,600
Planning and Coordination......................................           5,775           2,476            4,476
Salaries and Expenses..........................................          29,210          30,411           30,411
                                                                ------------------------------------------------
      Total, Office of Health Affairs..........................         157,191         138,000          135,000
----------------------------------------------------------------------------------------------------------------

                         SALARIES AND EXPENSES

    The Committee recommends $30,411,000 for salaries and 
expenses, an increase of $1,201,000 from the fiscal year 2009 
level and the same amount as the budget request.

                                BIOWATCH

    The Committee recommends $89,513,000 for the BioWatch 
program, $22,093,000 less than the fiscal year 2009 level and 
$5,000,000 below the budget request. The Committee acknowledges 
that the budget request reflects the beginnings of a needed 
realignment of the program. However, the Committee is also 
aware that some detectors have recently been terminated because 
of technical difficulties with the system. The recommended 
level of funding shall be used to maintain the remaining first 
and second generation baseline biological surveillance 
capability and to complete the Gen-3.0 prototype unit field 
testing, perform data analysis, and verify the performance of 
the technology.

                       PLANNING AND COORDINATION

    The Committee recommends $4,476,000, which is $1,299,000 
below the fiscal year 2009 level and $2,000,000 above the 
budget request. The Committee notes the important work that the 
Office of Medical Readiness and the Food, Agricultural, and 
Veterinary [FAV] Defense Division do related to component 
health services and FAV security, especially related to 
pandemic influenza. The Committee recognizes that the 
unobligated balances of previous year appropriations, in 
addition to the amount recommended, will allow the needed work 
to be completed.

                           PROJECT BIOSHIELD

    The President's budget proposes to transfer the remaining 
balances appropriated in fiscal year 2004 under the heading 
``Biodefense Countermeasures'' to the Department of Health and 
Human Services [HHS]. The transfer of funds, if approved, would 
be included in the fiscal year 2010 Departments of Labor, 
Health and Human Services, and Education, and related agencies 
appropriation bill. The transfer would provide more streamlined 
management for the program in combination with other related 
HHS programs. The transfer shall not modify the role for DHS as 
established in section 319F-2 of the Public Health Service Act, 
including its authority to determine material threats or as a 
participant in the procurement process for this program. The 
Committee strongly urges HHS, in conjunction with DHS to use 
funds for the intended purpose, as established in section 319F-
2 of the Public Health Service Act, which is, ``to treat, 
identify, or prevent harm from biological, chemical, 
radiological, or nuclear agents indentified as an on-going 
material threat''. It is imperative that these funds be used to 
ensure the Nation's long-term readiness for all threats and are 
not depleted at the expense of one current threat.

                  Federal Emergency Management Agency


                                MISSION

    The primary mission of the Federal Emergency Management 
Agency [FEMA] is to reduce the loss of life and property and 
protect the Nation from all-hazards, including natural 
disasters, acts of terrorism, and other man-made disasters, by 
leading and supporting the Nation in a risk-based, 
comprehensive emergency management system of preparedness, 
protection, response, recovery, and mitigation.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends a total program level of 
$7,094,384,000 for activities of FEMA for fiscal year 2010.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                       FEDERAL EMERGENCY MANAGEMENT AGENCY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                          Fiscal year 2009   Fiscal year 2010      Committee
                                                              enacted         budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration..........................           837,437            852,200            859,700
State and Local Programs...............................         3,105,700       \1\3,867,000          3,067,200
    Emergency Appropriations (Public Law 111-5)........           300,000   .................  .................
Firefighters Assistance Grants.........................           775,000               (\2\)           800,000
    Emergency Appropriations (Public Law 111-5)........           210,000   .................  .................
Emergency Management Performance Grants................           315,000               (\3\)           350,000
Radiological Emergency Preparedness Program............              -505               -265               -265
United States Fire Administration......................            44,979             45,588             45,588
Disaster Relief........................................      \4\1,400,000          2,000,000       \4\1,456,866
Disaster Assistance Direct Loan Program Account\5\.....               295                295                295
Flood Map Modernization Fund...........................           220,000            220,000            220,000
National Flood Insurance Fund..........................          (156,599)          (159,469)          (159,469)
National Predisaster Mitigation Fund...................            90,000            150,000            120,000
Emergency Food and Shelter.............................           200,000            100,000            175,000
    Emergency Appropriations (Public Law 111-5)........           100,000   .................  .................
                                                        --------------------------------------------------------
      Total, Federal Emergency Management Agency.......         7,572,906          7,234,818          7,094,384
                                                        ========================================================
      Appropriations...................................         6,987,906          7,234,818          7,094,384
      Emergency Appropriations (Public Law 111-5)......           610,000   .................  .................
----------------------------------------------------------------------------------------------------------------
\1\Includes $590,000,000 for Firefighter Assistance Grants and $315,000,000 for Emergency Management Performance
  Grants.
\2\Budget proposes $590,000,000 under ``State and Local Programs'' account.
\3\Budget proposes $315,000,000 under ``State and Local Programs'' account.
\4\Includes $16,000,000 for the transfer to the Office of Inspector General.
\5\Funding for administrative expenses totaling $580,000 is provided in the FEMA Management and Administration
  account.

                     MANAGEMENT AND ADMINISTRATION

Appropriations, 2009....................................    $837,437,000
Budget estimate, 2010...................................     852,200,000
Committee recommendation................................     859,700,000
    Funding for Management and Administration [M&A] provides 
for the development and maintenance of an integrated, 
nationwide capability to prepare for, mitigate against, respond 
to, and recover from the consequences of major disasters and 
emergencies, regardless of cause, in partnership with Federal 
agencies, State, local, and tribal governments, volunteer 
organizations, and the private sector. M&A supports FEMA's 
programs by coordinating between Headquarters and Regional 
Offices the policy, managerial, resources, and administrative 
actions.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends total resources of $859,700,000 
for Management and Administration.
    The specific levels recommended by the Committee, as 
compared to the fiscal year 2009 and budget request levels, are 
as follows:

                                          MANAGEMENT AND ADMINISTRATION
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                   Fiscal year
                                                                   Fiscal year     2010 budget      Committee
                                                                  2009 enacted       request     recommendations
----------------------------------------------------------------------------------------------------------------
Operations Activities..........................................         798,595         817,205          820,205
National Capital Region Coordination...........................           6,342           6,995            6,995
Urban Search and Rescue........................................          32,500          28,000           32,500
                                                                ------------------------------------------------
      Total, Management and Administration.....................         837,437         852,200          859,700
----------------------------------------------------------------------------------------------------------------

                         OPERATIONS ACTIVITIES

    The Committee recommends $820,205,000 for Operations 
Activities, instead of $817,205,000 as proposed in the budget. 
The Committee also includes a transfer of up to $50,000,000 
from Disaster Relief for management and administration 
activities, as requested in the budget. This transfer will 
support unforeseen personnel costs related to the conversion of 
temporary disaster employees to permanent status.
    The recommended amount includes an increase of $5,000,000, 
which is provided for a human capital study, as described in 
the FEMA ``Management and Administration'' account of this 
report; for a State, Local, and Tribal preparedness task force, 
as described in the ``State and Local Programs'' account; and 
for an increase to Ready.gov. Of the total amount, $5,900,000 
is provided for data center consolidation and migration, which 
is $2,000,000 below the request. The reduction is based on the 
Department's execution plan that has activity occurring in 
fiscal year 2011.
    Operations Activities include funding for the Disaster 
Operations Directorate, National Continuity Programs, the 
Disaster Assistance Directorate, the Logistics Management 
Directorate, the Mitigation Directorate, administrative costs 
for the Disaster Assistance Direct Loan Program, the Office of 
the Administrator, the Office of Policy and Program Analysis, 
the Office of the Chief Financial Officer, the Office of the 
Chief Counsel, the Office of Equal Rights, the Office of 
Regional Operations, the Office of External Affairs, and the 
Office of Management. Funding for the National Preparedness 
Directorate and the Grant Programs Directorate is provided in 
the ``State and Local Programs'' account.

             FISCAL MANAGEMENT AND TRANSPARENCY IN SPENDING

    The Committee includes a provision directing FEMA to submit 
its fiscal year 2011 budget request, including justification 
materials, by office. Each office and FEMA region shall 
provide: (1) budget detail by object classification; (2) the 
number of FTE on-board; (3) the number of FTE vacancies; and 
(4) the appropriation account(s) used to support the office and 
the programs managed by the office. This level of detail 
provides improved transparency and refined tracking of actual 
spending which is imperative given FEMA's growth in size and 
mission. Further, FEMA shall report to the Committee within 15 
days if any office receives or transfers more than 5 percent of 
the total amount allocated to each office.
    Since the inadequate response to Hurricane Katrina, FEMA 
has experienced tremendous change and expedited growth. 
Additionally, many fiscal reforms have been identified, of 
which some have been implemented. The Committee recognizes that 
the Office of the Chief Financial Officer [OCFO] is the key to 
stabilizing the important fiscal reforms that have and need to 
occur. The OCFO is encouraged to continue the proactive and 
transparent management of resources which will further support 
FEMA's ability to successfully accomplish its mission.

                          FINANCIAL WEAKNESSES

    The Committee notes that the OCFO is aggressively 
addressing the material financial weaknesses that have been 
identified. Despite improvements, FEMA still has weaknesses in 
its financial management and internal controls as reported by 
the Office of Inspector General [OIG] in the Management Letter 
for the fiscal year 2008 DHS' Financial Statement Audit in 
March 2009, and the OIG Independent Auditor's Report on FEMA's 
fiscal year 2008 Mission Action Plans in July 2008. The 
Committee directs FEMA to correct these weaknesses without 
delay, and to provide a briefing to the Committees on 
Appropriations within 45 days of the date of enactment of this 
act on the progress of implementing the Mission Action Plan. 
Further, the Committee cautions that the OCFO cannot rectify 
all of the issues identified in the audits on its own. 
Component heads and program managers must work to resolve the 
issues as well. FEMA is directed to provide a list of 
components that have outstanding issues and no plan in place to 
address those outstanding issues with the fiscal year 2011 
budget request.

                             FEMA WORKFORCE

    Since 2007, FEMA has grown from 2,500 FTE to 4,000 FTE and 
it is better, but not fully, positioned to be responsive to the 
Nation's needs, including a catastrophic event. The Committee 
recognizes that after the significant growth of the last 
several years it is now prudent to take stock of the FEMA 
workforce and identify future needs to ensure it is fully 
positioned to respond to the risks the country faces. 
Therefore, an additional $2,250,000 is recommended above the 
request for FEMA to partner with the Homeland Security 
Institute to conduct a study and evaluation of FEMA's human 
capital resources. The study shall include, but is not limited 
to, specific recommendations regarding the overall size of 
FEMA's workforce and the personnel needs of the specific 
components, including the Disaster Reserve Workforce; the 
optimal distribution of personnel between headquarters and 
regional offices to best accomplish its mission; and the skills 
needed by FEMA to support the current and the projected risks 
the Nation faces.
    The Committee is extremely disappointed that a lack of 
internal controls has led to significant discrepancies in data 
sets for staff on-board and the funding level needed to support 
those staff. This funding discrepancy has slowed the progress 
of rebuilding FEMA. Due to the Committee's insistence in prior 
Appropriations Acts for robust information technology resources 
and the recent efforts of the OCFO, this issue is being 
resolved. FEMA is directed to brief the Committee on the 
specific process used to ensure internal controls are in place 
to prevent this issue in the future.
    The Committee strongly supports a continued and dedicated 
effort to ensure the Disaster Reserve Workforce has adequate 
capacity. FEMA is directed to continue its efforts to improve 
the performance of the Disaster Reserve Workforce, and to 
continue to provide quarterly briefings to the Committee on 
this matter.
    The Committee also supports the requested increase of 
$2,345,000 and 6 FTE for the Office of Environmental Planning 
and Historic Preservation [EHP]. The work of the EHP staff 
supports the missions of the Disaster Assistance Directorate, 
the Mitigation Directorate, and Preparedness grants and should 
not be a choke point for efforts of rebuilding, mitigation, and 
preparedness.

                        STAKEHOLDER INVOLVEMENT

    In the Homeland Security Appropriations Act, 2009, 
$10,000,000 was withheld from both the Office of the Secretary 
and Executive Management [OSEM] and FEMA ``Management and 
Administration'' until the Secretary of Homeland Security, in 
coordination with the Administrator of FEMA, certifies to the 
Committees on Appropriations that a process to incorporate 
State and local stakeholder input for grants has been 
developed. It is unconscionable that 6 years after the creation 
of the Department there is still an inefficient grant process. 
Further, it is disconcerting that the Secretary has yet to 
certify a process. The Committee expects a certification no 
later than August 31, 2009. Similar language is contained in 
the OSEM section of this report.

                       INFORMATION AND TECHNOLOGY

    The Committee recommends the budget request of $65,201,000 
for information technology [IT] maintenance and improvements. 
Superb information technology is imperative for FEMA's complex 
and varied mission. FEMA is directed to continue to provide 
quarterly briefings to the Committee regarding the progress of 
IT improvements.

               INTEGRATED PUBLIC ALERT AND WARNING SYSTEM

    The Committee cautiously supports the budget request for 
the Integrated Public Alert and Warning System [IPAWS]. The 
Homeland Security Appropriations Act, 2009, directed FEMA to 
provide a plan to the Committees on Appropriations by January 
2009, outlining the completion of the conversion of IPAWS from 
the current emergency alert system. To date, no plan has been 
received. The Committee has been supportive of this important 
program as upgrades to the current system are needed to provide 
messages over more types of media to more people before, 
during, and after a disaster. However, bureaucratic delays do 
not make citizens safer and each day that passes without 
improvements to this system is a wasted opportunity to provide 
timely and accurate information to citizens in harm's way. The 
Committee expects to receive the plan without delay.

                               READY.GOV

    The Committee recommends $3,000,000 for Ready.gov, which is 
$500,000 above the budget request. The Committee supports the 
Ready Campaign which educates citizens on how to prepare for 
and respond to emergencies. While education efforts must be 
locally driven, they need to be coordinated among all levels of 
government for consistency when an emergency, regardless of the 
size, does occur. If messages are not coordinated at all levels 
of government, citizens will receive conflicting information 
potentially causing more harm. The increase is provided to 
ensure requests from State and local governments to update or 
to localize public service advertising can be better met.

                      PRIVATE SECTOR PREPAREDNESS

    The Committee encourages FEMA and the National Protection 
and Programs Directorate [NPPD] to continue joint efforts 
regarding the improvement of private sector preparedness 
through the Voluntary Private Sector Preparedness and 
Accreditation and Certification Program, as required in the 9/
11 Act.

                     EMERGENCY MANAGEMENT INSTITUTE

    The Committee supports the budget request of no less than 
$7,100,000 for the Emergency Management Institute.

                     NATIONWIDE PLAN REVIEW UPDATE

    The Committee directs 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. The update should include the same 
certifications and status of plans for evacuations included in 
the Nationwide Plan Review dated June 16, 2006.

                    NATIONWIDE CYBER SECURITY REVIEW

    The security of State and local information technology 
networks has serious implications for homeland security, as 
network security affects both the continuity of government and 
the operations of critical infrastructure. Cyber attacks have 
disrupted State government networks, systems, and operations. 
Despite its importance, there is not a comprehensive effort to 
evaluate the security level of State or local information 
technology networks, as it pertains to cyberspace. The 
Committee directs the Secretary, in coordination with FEMA and 
NPPD, to report on the status of cyber security measures in 
place, and gaps in all 50 States and the largest urban areas by 
June 1, 2010. The report should include certifications from 
each State and urban area as to the exact status of cyber 
security measures in place, when the date security plans were 
last updated, the dates contingency exercises were last 
conducted, and plans for disaster recovery. Similar language is 
included in the NPPD section of this report.

            STATE, LOCAL, AND TRIBAL PREPAREDNESS TASK FORCE

    The Committee provides $2,250,000 above the budget request 
to establish and operate a state, local, and tribal 
preparedness task force. The National Preparedness Directorate, 
with cooperation from the Office of Intergovernmental Affairs, 
shall lead the administrative effort for the task force.
    In June 2004, the report from the Task Force on State and 
Local Homeland Security Funding found that the ``grants process 
that has evolved under a microscope without the benefit of 
``normal maturity'' afforded similar programs over the years . 
. . no one action will solve all of the concerns that have been 
voiced. This is an enterprise problem that demands an 
enterprise solution.'' Now, 6 years after the creation of DHS, 
and after the significant growth in FEMA's size and mission, it 
is an appropriate time to review the homeland security grant 
programs and also to take an enterprise wide view of the 
grants, mandates, and guidance that to date have shaped the 
current approach to prevent, prepare for, mitigate against, and 
respond to all-hazards.
    The task force shall include members from all levels of 
government across the preparedness and responder communities 
and grants administration.
    The task force should find consensus-based solutions to an 
interwoven set of homeland security needs and requirements 
among all levels of lGovernment for all-hazards. The task force 
shall review current programs and requirements and provide 
recommendations for all three levels of government and their 
equally shared responsibilities in three main areas: grant 
programs, Federal mandates, and guidance issued by FEMA. FEMA 
is not limited to $2,250,000 for this effort.

                   U.S. FIRE SERVICE NEEDS ASSESSMENT

    FEMA, in conjunction with the National Fire Protection 
Association, is directed to provide to the Committees on 
Appropriations no later than February 5, 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 scope and methodology.

             OFFICE OF NATIONAL CAPITAL REGION COORDINATION

    The Committee recommends $6,995,000 for the Office of 
National Capital Region Coordination [ONCRC], as requested in 
the budget. Congress established the ONCRC to enhance domestic 
preparedness through cooperation of the Federal, State, and 
local governments in the unique environment of the National 
Capital Region [NCR].
    The Committee remains concerned that planning for 
evacuation of the NCR during a disaster has not incorporated 
all of the pertinent officials from the appropriate local 
communities and States in the decisionmaking process. 
Therefore, the Committee includes bill language requiring 
inclusion of the Governors of the State of West Virginia and 
the Commonwealth of Pennsylvania in the NCR decisionmaking and 
planning process for mass evacuations. Further, the Committee 
again directs the Department to include officials from the 
counties and municipalities that contain the evacuation routes 
and their tributaries in the planning process.

                        URBAN SEARCH AND RESCUE

    The Committee recommends $32,500,000, the same amount as 
provided in fiscal year 2009 and $4,500,000 above the 
President's request, to support the 28 existing Urban Search 
and Rescue Teams. The Committee is dismayed that the report 
regarding the need for an additional team, required in the 
Homeland Security Appropriations Act, 2009, has not been 
provided and expects FEMA to provide it without delay.

                        STATE AND LOCAL PROGRAMS

Appropriations, 2009\1\.................................  $3,405,700,000
Budget estimate, 2010\2\................................   3,867,000,000
Committee recommendation\3\.............................   3,067,200,000

\1\Includes $300,000,000 in emergency appropriations provided in the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
\2\Includes $590,000,000 for Firefighter Assistance Grants and 
$315,000,000 for Emergency Management Performance Grants.
\3\The Committee recommendation exceeds the requested level by 
$105,200,000 after reducing the request by the amounts requested under 
this heading that are funded elsewhere.

    State and local programs provide grants for training, 
equipment (including interoperable communications equipment), 
exercises, and technical assistance to improve readiness for 
potential disasters.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2008 and budget 
request levels:

                                            STATE AND LOCAL PROGRAMS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Grants:
    State Homeland Security Grant Program\1\..............          950,000           950,000           950,000
    Operation Stonegarden\1\..............................          [60,000]          [60,000]          [60,000]
    Urban Area Security Initiative........................          837,500           887,000           887,000
    Regional Catastrophic Preparedness Grants.............           35,000            35,000            35,000
    Metropolitan Medical Response System..................           41,000            40,000            40,000
    Citizen Corps.........................................           15,000            15,000            15,000
    Public Transportation Security Assistance and Railroad          400,000           250,000           356,000
     Security Assistance..................................
        Emergency Appropriations (Public Law 111-5).......          150,000   ................  ................
    Port Security Grants..................................          400,000           250,000           350,000
        Emergency Appropriations (Public Law 111-5).......          150,000   ................  ................
    Over-the-Road Bus Security Assistance.................           12,000   ................            (\2\)
    Trucking Industry Security Grants.....................            8,000   ................  ................
    Buffer Zone Protection Program Grants.................           50,000            50,000            50,000
    Driver's License Security Grants Program..............            (\3\)            50,000            50,000
    Commercial Equipment Direct Assistance Program........            8,000   ................  ................
    Interoperability Emergency Communications Grant                  50,000            50,000            50,000
     Program..............................................
    Emergency Operations Centers..........................           35,000   ................           20,000
    Fire Assistance Grants................................            (\4\)           590,000             (\4\)
    Emergency Management Performance Grants...............            (\5\)           315,000             (\5\)
                                                           -----------------------------------------------------
      Subtotal, Grants....................................        3,141,500         3,482,000         2,803,000
                                                           =====================================================
National Programs:
    National Domestic Preparedness Consortium/Other Pro-            103,700            51,500           103,700
     grams................................................
    Center for Domestic Preparedness/Noble Training Center           62,500            62,500            62,500
    National Exercise Program.............................           40,000            42,000            40,000
    Technical Assistance..................................           11,000            13,000            13,000
    Continuing Training Grants............................           31,000            23,000            27,000
    Evaluations and Assessments...........................           16,000            18,000            18,000
                                                           -----------------------------------------------------
      Subtotal, National Programs.........................          264,200           210,000           264,200
                                                           =====================================================
    Management and Administration.........................            (\6\)           175,000             (\6\)
                                                           -----------------------------------------------------
      Total, State and Local Programs.....................        3,405,700      \7\3,867,000         3,067,200
                                                           =====================================================
      Appropriations......................................        3,105,700         3,867,000         3,067,200
      Emergency Appropriations (Public Law 111-5).........          300,000   ................  ................
----------------------------------------------------------------------------------------------------------------
\1\Funding for Operation Stonegarden provided within the State Homeland Security Grant Program.
\2\Funding available under Public Transportation Security Assistance and Railroad Security Assistance PPA.
\3\Funding of $50,000,000 provided for similar purpose in a general provision.
\4\Funds appropriated under the Firefighter Assistance Grants account.
\5\Funds appropriated under the Emergency Management Performance Grants account.
\6\Funding provided as a percentage of State and Local Programs appropriation.
\7\The Committee recommendation exceeds the requested level by $105,200,000 after reducing the request by the
  amounts requested under this heading that are funded elsewhere.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $3,067,200,000 for State and local 
programs. The Committee recommendation exceeds the requested 
level by $105,200,000 after reducing the request by the amounts 
requested under this heading that are funded elsewhere. The 
Committee includes a provision providing 4.1 percent of the 
total amount appropriated for State and local programs for both 
the Grants Programs Directorate [GPD] and the National 
Preparedness Directorate [NPD]. This is consistent with the 
structure of previous years and provides the same amount as 
requested in the President's fiscal year 2010 budget for these 
important activities. The funds provided for State and local 
grants are to be used for purposes consistent with each State's 
homeland security strategy, including: training and exercises; 
equipment, including interoperable communications equipment; 
and technical assistance; and may not, with certain exceptions, 
be used for construction activities.
    The President proposes to reduce port security, transit 
security and fire grants by $485,000,000 based on the assertion 
that funds were provided for these programs in the Stimulus 
Act. The Committee does not accept the notion that these cuts 
are justified by the availability of Stimulus Act funds, which 
were provided for different purposes and to create jobs. The 
Stimulus Act funds were not provided to prefund fiscal year 
2010 activities. The Committee has restored these cuts to the 
extent possible.
    State and local assistance is for strengthening ``first 
responders''--police, fire, rescue, emergency medical, and 
other personnel--who are first on scene in the event of a 
terrorist attack, natural disaster, or a catastrophic event. 
For purposes of eligibility for funds under this heading, any 
county, city, village, town, district, borough, parish, port 
authority, transit authority, intercity rail provider, commuter 
rail system, freight rail provider, water district, regional 
planning commission, council of government, Indian tribe with 
jurisdiction over Indian country, authorized tribal 
organization, Alaska Native village, independent authority, 
special district, or other political subdivision of any State 
shall constitute a ``local unit of government.''
    The Department is encouraged to consider the need for mass 
evacuation planning and pre-positioning of equipment for areas 
potentially impacted by mass evacuations in allocating first 
responder funds. The Department is encouraged to work with 
States, local governments, and non-profit entities to develop 
comprehensive strategies for evacuating, transferring, and 
providing continued care for high-risk obstetric patients and 
neonates. Further, the Committee urges the Department to 
encourage State and local governments and all grantees to 
develop pre-event recovery plans in conjunction with their 
response and mitigation plans. The Committee is concerned that 
Federally recognized tribes are not adequately included in 
homeland security efforts and encourages FEMA to require State 
and local governments to include tribal governments in their 
planning efforts. Additionally, the Committee is concerned that 
State and local cyber security issues are not receiving the 
required resources and attention and FEMA is encouraged to 
require State and local governments to include Chief 
Information Officers in planning efforts. The Committee is 
concerned that drinking water and sanitation security needs, 
especially related to emergency response initiatives, are not 
adequately addressed and FEMA is encouraged to require State 
and local governments to include rural water associations in 
planning efforts as well.
    The Committee is supportive of the Department's efforts to 
evaluate applications based on risk and effectiveness. The 
Department should continue its efforts to evaluate the State 
Homeland Security Grant Program [SHSGP] and the Urban Area 
Security Initiative [UASI] applications based on how 
effectively these grants will address identified homeland 
security needs. The Department shall work aggressively to 
ensure grant applicants have the same information that is 
available to the Department with regard to threat, 
vulnerability, and consequence to ensure applications reflect 
true risk.
    The Committee expects FEMA to continue to fully engage 
subject matter experts within the Department when appropriate 
in the development of grant guidance and the determination of 
awards. Subject matter experts include the U.S. Customs and 
Border Protection, Coast Guard, the Transportation Security 
Administration, the National Protection and Programs 
Directorate, the Office of Health Affairs, Science and 
Technology, the Law Enforcement Advisor to the Administrator, 
and the DHS Office of State and Local Law Enforcement. Full 
engagement of subject matter experts, however, does not 
diminish FEMA's responsibilities to be the lead Agency and 
foremost coordinator of each of the grant programs. FEMA is 
directed to assume all programmatic functions of grant programs 
for the Department and shall be the primary point of contact 
for all grantees. The Committee is concerned that there 
continues to be imperfect cooperation and collaboration between 
GPD and some subject matter experts. It is imperative that 
components put aside differences and focus on how best to 
manage and improve the programs funded by Congress.
    The Committee includes specific timeframes for grant dollar 
distribution and expects FEMA and the Department to comply with 
the law to ensure homeland security funds are distributed in a 
timely manner. For SHSGP, UASI, Regional Catastrophic 
Preparedness Grants, Metropolitan Medical Response System 
Grants, and Citizens Corps Program grant guidance shall be 
issued in 25 days, applicants shall apply within 90 days after 
guidance is issued, and FEMA shall act on the application 
within 90 days after applications are due. For Public 
Transportation Security Assistance and Railroad Security 
Assistance, Port Security Grants, Over-The-Road Bus Security 
Assistance, Driver's License Security Grants Program, 
Interoperable Emergency Communications Grant Program, and 
Buffer Zone Protection Program, grant guidance shall be issued 
in 30 days, applicants shall apply within 45 days after 
guidance is issued, and FEMA shall act on the application 
within 60 days after applications are due.
    The Committee directs FEMA to provide a report on the 
factors it uses to set the priorities within grant guidance. 
The report shall also include an evaluation of the funding that 
has been used for planning and recovery, especially for transit 
security and port security.

                 STATE HOMELAND SECURITY GRANT PROGRAM

    The Committee recommends $950,000,000 for State Homeland 
Security Grant Program [SHSGP], of which $60,000,000 shall be 
for Operation Stonegarden Grants, as requested in the budget. 
The Committee notes that the 0.1 percent allocation of SHSGP to 
directly eligible tribes, as required in the 9/11 Act, is a 
minimum, not the maximum, amount that should be made available 
based on risk. Further, the Committee encourages the Department 
to clarify that Western Hemisphere Travel Initiative [WHTI] 
implementation activities, including issuance of WHTI compliant 
tribal IDs are eligible under this grant program. In accordance 
with section 2004 of the Homeland Security Act of 2002, all 
funds (excluding Operation Stonegarden) above the amount 
automatically allocated to States and territories, shall be 
allocated based on risk (as defined by threat, vulnerability, 
and consequences). Operation Stonegarden shall be competitively 
awarded.

                   URBAN AREA SECURITY GRANT PROGRAM

    The Committee recommends $887,000,000 for the UASI Grant 
Program, as proposed in the budget. Of the amount provided 
under this heading, $20,000,000 is available for nonprofit 
entities determined to be at risk by the Secretary.

              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 through a required set aside of 25 percent of 
the funds appropriated through the SHSGP and UASI programs. The 
Committee directs FEMA to provide clear guidance to States and 
urban areas to ensure that the intent of LETPP is fully 
realized and the program is fully maximized.

            REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM

    The Committee recommends $35,000,000 for the Regional 
Catastrophic Preparedness Grant Program [RCPGP], the same 
amount as proposed in the budget.
    The RCPGP has provided needed funding for planning efforts. 
As plans are completed, FEMA is directed to: prioritize funding 
for efforts which formalize sustainable working groups for 
continued effective coordination; ensure synchronization of 
plans and shared best practices; implement citizen and 
community preparedness campaigns; and pre-position needed 
commodities and equipment. FEMA is further directed to take 
into account the needs of both the area at risk of attack and 
likely host communities.

                  METROPOLITAN MEDICAL RESPONSE SYSTEM

    The Committee recommends $40,000,000 for the Metropolitan 
Medical Response System [MMRS], instead of $40,000,000 for the 
Medical Surge Grant Program, as proposed in the budget.
    The Committee is perplexed that the President's budget 
includes a request to replace the MMRS program with a program, 
called Medical Surge Grant Program, that has no clear 
explanation or justification. Therefore, this proposal is 
rejected.

                             CITIZENS CORPS

    The Committee recommends $15,000,000 for the Citizens Corps 
Program, as proposed in the budget.

     PUBLIC TRANSPORTATION SECURITY ASSISTANCE, RAILROAD SECURITY 
         ASSISTANCE, AND OVER-THE-ROAD BUS SECURITY ASSISTANCE

    The Committee recommends $356,000,000 for Public 
Transportation Security Assistance [PTSA], Railroad Security 
Assistance [RSA], and Over-The-Road Bus Security Assistance; 
instead of $250,000,000 for PTSA and RSA, and no funding for 
Over-The-Road Bus Security Assistance as proposed in the budget 
request. Of the recommended amount, no less than $25,000,000 is 
provided for Amtrak security needs and no less than $6,000,000 
is for Over-The-Road Bus Security Assistance.

                          PORT SECURITY GRANTS

    The Committee recommends $350,000,000 the Port Security 
Grant Program, instead of $250,000,000 as proposed in the 
budget.

                     BUFFER ZONE PROTECTION PROGRAM

    The Committee recommends $50,000,000 for the Buffer Zone 
Protection Program, as proposed in the budget.

                DRIVER'S LICENSE SECURITY GRANTS PROGRAM

    The Committee recommends $50,000,000 for the Driver's 
License Security Grants Program, as proposed in the budget.

            INTEROPERABILITY EMERGENCY COMMUNICATIONS GRANTS

    The Committee recommends $50,000,000 for Interoperability 
Emergency Communications Grants, the same amount as proposed in 
the budget.
    The Committee expects that before grant dollars can be 
obligated by grantees for interoperable communications 
equipment, jurisdictions must certify to FEMA that the funds 
are being spent in accordance with their plans. The Committee 
directs FEMA Regional Offices to assist in integrating 
communications plans.

                      EMERGENCY OPERATIONS CENTERS

    The Committee recommends $20,000,000 for Emergency 
Operations Centers, instead of no funding as proposed in the 
budget.
    Bill language is included providing for the Congressionally 
directed spending items listed in the following table:

                      EMERGENCY OPERATIONS CENTERS
------------------------------------------------------------------------
                                                             Amount
------------------------------------------------------------------------
State of Ohio.........................................        $1,500,000
City of Chicago, IL...................................         1,000,000
City of Ames, IA......................................           600,000
County of Union, NJ...................................           353,000
City of Hackensack, NJ................................           300,000
Township of South Orange Village, NJ..................           247,000
City of Mount Vernon, NY..............................         1,000,000
City of Whitefish, MT.................................           900,000
Lincoln County, WA....................................         1,000,000
City of Providence, RI................................           980,000
North Louisiana Regional, LA..........................           980,000
City of North Little Rock, AR.........................           900,000
------------------------------------------------------------------------

                    CENTER FOR DOMESTIC PREPAREDNESS

    The Committee recommends $62,500,000 to continue activities 
for the Center for Domestic Preparedness. Included in this 
amount is funding to continue activities for the Noble Training 
Center.

        NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM/OTHER PROGRAMS

    The Committee recommends $102,000,000 for the National 
Domestic Preparedness Consortium, instead of $51,500,000, as 
proposed in the budget. Funds are to be allocated in the same 
amounts as fiscal year 2009. Existing members of the Consortium 
include: the National Energetic Materials Research and Testing 
Center, New Mexico Institute of Mining and Technology; the 
National Center for Biomedical Research and Training, Louisiana 
State University; the National Emergency Response and Rescue 
Training Center, Texas A&M University; the National Exercise, 
Test, and Training Center, Nevada Test Site; the Transportation 
Technology Center, Incorporated, in Pueblo, Colorado; and the 
Natural Disaster Preparedness Training Center, University of 
Hawaii, Honolulu, Hawaii.
    The Committee clarifies that the Natural 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.
    The Committee also recommends $1,700,000 for 
counterterrorism and cybercrime training at Norwich University 
in Northfield, Vermont.

                       CONTINUING TRAINING GRANTS

    The Committee provides $27,000,000 for continuing training 
grants, $4,000,000 above the request and $4,000,000 below 
fiscal year 2009. The Committee supports full funding of 
programs that deliver homeland security curricula in the form 
of executive education programs and accredited master's degree 
education. The Committee also notes the importance of the 
Mobile Education Team providing half-day, graduate-level 
seminars on homeland security challenges for Governors, Mayors, 
and senior staff being conducted prior to any emergency their 
community may experience.

                       NATIONAL EXERCISE PROGRAM

    The Committee recommends $40,000,000 for the National 
Exercise Program, the same amount as fiscal year 2009, and 
$2,000,000 below the budget request.

                          TECHNICAL ASSISTANCE

    The Committee recommends $13,000,000 for Technical 
Assistance, the same amount as the budget request, and 
$2,000,000 above fiscal year 2009.
    The Committee encourages FEMA to continue to provide 
training to first responders through the Domestic Preparedness 
Equipment Technical Assistance Program.
    The Committee encourages FEMA to fulfill requests from 
States that apply for technical assistance for a feasibility 
study, including planning and design, of a fixed State 
emergency training facility.

                      EVALUATIONS AND ASSESSMENTS

    The Committee recommends $18,000,000 for Evaluations and 
Assessments. The Committee continues to be alarmed that 6 years 
after the creation of the Department we still cannot 
effectively answer the question required by legislative and 
executive mandate: How prepared are we? A recent GAO report on 
National Preparedness [GAO-09-369] found that FEMA has taken 
initial steps to assess capabilities at all levels of 
government, but faces methodological and coordination 
challenges in completing the system. The Committee is 
frustrated with the fractured approach to date of measuring the 
effectiveness of FEMA programs--from grants to those actions 
required by Homeland Security Presidential Directive-8. While 
the Committee understands that an internal working group is 
beginning to put the pieces of the disparate system together, 
it fears this process will be cumbersome, wrought with turf 
battles, and slow to produce usable information. Therefore, the 
Office of Preparedness Policy, Planning, and Analysis shall 
brief the Committee monthly on the detailed plans to measure 
the Nation's preparedness, including milestone dates and 
program risks.

                     FIREFIGHTER ASSISTANCE GRANTS

Appropriations, 2009\1\.................................    $985,000,000
Budget estimate, 2010\2\................................................
Committee recommendation................................     800,000,000

\1\Includes $210,000,000 in emergency appropriations provided in the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
\2\Budget proposes $590,000,000 under State and Local Programs.

    Firefighter assistance grants, as authorized by section 33 
of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229), assist local firefighting departments for the 
purpose of protecting the health and safety of the public and 
fire fighting personnel, including volunteers and emergency 
medical service personnel, against fire and fire-related 
hazards.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $800,000,000 for firefighter 
assistance grants, including $380,000,000 for firefighter 
assistance grants, and $420,000,000 for firefighter staffing 
grants, to remain available until September 30, 2010. This is 
$25,000,000 above the fiscal year 2009 level (excluding funding 
included in the Stimulus Act) and $210,000,000 above the level 
requested in ``State and Local Programs''.
    The Committee directs the Department to continue the 
present practice of funding applications according to local 
priorities and those established by the United States Fire 
Administration.
    The Committee directs the Department to continue direct 
funding to fire departments and the peer review process. Five 
percent of grant funds shall be for program administration.

                EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Appropriations, 2009....................................    $315,000,000
Budget estimate, 2010\1\................................................
Committee recommendation................................     350,000,000

\1\Budget proposes $315,000,000 under State and Local Programs.

    Funding requested in this account provides support to the 
Nation's all-hazards emergency management system and helps to 
build State and local emergency management capability.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $350,000,000 for emergency 
management performance grants [EMPG], an increase of 
$35,000,000 from the amount requested in the budget within the 
``State and local programs'' account. EMPG is an essential 
source of funding for State and local emergency management.
    The Committee directs FEMA to retain EMPG as a separate 
grant program, and not to combine its funding with any other 
grant allocation or application process. Not to exceed 3 
percent of grant funds shall be for administrative expenses.

              RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

Appropriations, 2009\1\.................................       -$505,000
Budget estimate, 2010\1\................................        -265,000
Committee recommendation\1\.............................        -265,000

\1\Fee collections are estimated to exceed costs.

    The Radiological Emergency Preparedness [REP] program 
assists State and local governments in the development of off-
site radiological emergency preparedness plans within the 
emergency planning zones of commercial nuclear power facilities 
licensed by the Nuclear Regulatory Commission [NRC]. The fund 
is financed from fees assessed and collected from the NRC 
licensees to recover the amounts anticipated to be obligated in 
the next fiscal year for expenses related to REP program 
activities.

                       COMMITTEE RECOMMENDATIONS

    The Committee provides for the receipt and expenditure of 
fees collected, as authorized by Public Law 105-276. The budget 
estimates fee collections to exceed expenditures by $265,000 in 
fiscal year 2010.

                   UNITED STATES FIRE ADMINISTRATION

Appropriations, 2009....................................     $44,979,000
Budget estimate, 2010...................................      45,588,000
Committee recommendation................................      45,588,000

    The mission of the United States Fire Administration [USFA] 
is to reduce losses, both economic and human, due to fire and 
other emergencies through training, research, coordination and 
support. USFA also prepares the Nation's first responder and 
healthcare leaders through ongoing, and when necessary, 
expedited training regarding how to evaluate and minimize 
community risk, improve protection to critical infrastructure, 
and be better prepared to react to all-hazard and terrorism 
emergencies.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $45,588,000 for the USFA, as 
requested in the budget.
    The Committee directs USFA to work with the United States 
Department of Agriculture and the Department of Interior to 
ensure compatible data on wildfires is available. The Committee 
is dismayed that the facilities master plan report, which was 
due to the Committees on Appropriations on April 6, 2009, as 
required by the Homeland Security Appropriations Act, 2009, has 
not been received and FEMA is expected to provide it without 
delay.
    The Committee directs USFA 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 TRANSFER OF FUNDS)

Appropriations, 2009....................................  $1,400,000,000
Budget estimate, 2010...................................   2,000,000,000
Committee recommendation................................   1,456,866,000

    Through the Disaster Relief Fund [DRF], the Department 
provides a significant portion of the total Federal response to 
victims in presidentially declared major disasters and 
emergencies. Major disasters are declared when a State requests 
Federal assistance and proves that a given disaster is beyond 
the local and State capacity to respond. Under the DRF, FEMA 
will continue to operate the primary assistance programs, 
including Federal assistance to individuals and households; and 
public assistance, which includes the repair and reconstruction 
of State, local, and nonprofit infrastructure. The post-
disaster hazard mitigation set-aside to States, as part of the 
DRF, works as a companion piece to the National Pre-Disaster 
Mitigation Fund.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends a total amount of $1,456,866,000 
for disaster relief. As requested, the Committee recommends 
bill language transferring up to $50,000,000 of the total 
amount to FEMA ``Management and Administration'' subject to 
Committee notification, for unforeseen personnel support costs 
related to the conversion of temporary disaster employees to 
permanent employees. Additionally, the Committee recommends 
bill language transferring $16,000,000 of the total amount 
appropriated to the Office of the Inspector General for audits 
and investigations related to disasters. The Committee also 
recommends bill language requiring an expenditure plan and 
quarterly reports for disaster readiness and support costs; and 
a monthly report on the disaster relief expenditures.

            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

Appropriations, 2009\1\.................................        $295,000
Budget estimate, 2010\1\................................         295,000
Committee recommendation\1\.............................         295,000

\1\Funding for administrative expenses totaling $580,000 is included in 
FEMA ``Management and Administration''.

    Disaster assistance loans authorized by the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5162) are loans to States for the non-Federal portion of 
cost sharing funds, and community disaster loans to local 
governments incurring a substantial loss of tax and other 
revenues as a result of a major disaster. The funds requested 
for this program include direct loans and a subsidy based on 
criteria including loan amount and interest charged. As 
required by the Federal Credit Reform Act of 1990 (2 U.S.C. 661 
et seq.), this account records, for this program, the subsidy 
costs associated with the direct loans obligated in 1992 and 
beyond (including modifications of direct loans), as well as 
administrative expenses of the program. The subsidy amounts are 
estimated on a present value basis; the administrative expenses 
are estimated on a cash basis.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $295,000, as proposed in the 
budget, in subsidy costs for disaster assistance direct loans.
    The Committee recommends administrative costs for the 
Disaster Assistance Direct Loan Program totaling $580,000 for 
the program. These funds are included in FEMA ``Management and 
Administration'', as proposed in the budget.
    Bill language is included directing the gross obligations 
for the principal amount of direct loans to not exceed 
$25,000,000.

                      FLOOD MAP MODERNIZATION FUND

Appropriations, 2009....................................    $220,000,000
Budget estimate, 2010...................................     220,000,000
Committee recommendation................................     220,000,000

    This appropriation supports the functions necessary to 
modernize and digitize flood maps. The flood maps are used to 
determine appropriate risk-based premium rates for the National 
Flood Insurance Program, to complete flood hazard 
determinations required of the Nation's lending institutions, 
and to develop appropriate disaster response plans for Federal, 
State, and local emergency management personnel.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $220,000,000 for the Flood Map 
Modernization Fund, the same amount as the budget request, and 
includes language in the bill that provides up to 3 percent of 
the funds may be made available for administrative purposes.

                     NATIONAL FLOOD INSURANCE FUND

Appropriations, 2009\1\.................................  ($156,599,000)
Budget estimate, 2010...................................   (156,469,000)
Committee recommendation................................   (156,469,000)

\1\Fully offset by fee collections.

    The National Flood Insurance Fund is a fee-generated fund 
which provides funding for the National Flood Insurance 
Program. This program enables property owners to purchase flood 
insurance otherwise unavailable in the commercial market. The 
National Flood Insurance Act of 1968 authorizes the Federal 
Government to provide flood insurance on a national basis. This 
insurance is available to communities which enact and enforce 
appropriate floodplain management measures and covers virtually 
all types of buildings and their contents up to $350,000 for 
residential types and $1,000,000 for all other types.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $159,469,000, as proposed in the 
budget, for the National Flood Insurance Fund, of which 
$40,000,000 is for expenses under section 1366 of the National 
Flood Insurance Act (42 U.S.C. 4104c) to provide assistance 
planning to States and communities for implementing floodplain 
management measures to reduce or eliminate the long-term risk 
of flood damage to buildings and other structures eligible for 
insurance under the National Flood Insurance Program.

                          FINANCIAL WEAKNESSES

    The Office of Inspector General has identified financial 
weaknesses in the National Flood Insurance Program as specified 
in the April 2009, National Flood Insurance Program Management 
Letter for the fiscal year 2008 DHS' Financial Statement Audit. 
The Committee directs FEMA to correct these weaknesses without 
delay, and to provide a briefing to the Committees on 
Appropriations within 45 days of the date of enactment of this 
act on the progress of implementing the Mission Action Plan.

                  NATIONAL PREDISASTER MITIGATION FUND

Appropriations, 2009....................................     $90,000,000
Budget estimate, 2010...................................     150,000,000
Committee recommendation................................     120,000,000

    The National Predisaster Mitigation [PDM] Fund provides 
grants to States, communities, territories, and Indian tribal 
governments for hazard mitigation planning and implementing 
mitigation projects prior to a disaster event. PDM grants are 
awarded on a competitive basis. This program operates 
independent of the Hazard Mitigation Grant Program, funded 
through the Disaster Relief Fund, which provides grants to a 
State in which a disaster has been declared.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $120,000,000 for PDM, $30,000,000 
above the fiscal year 2009 level, and $30,000,000 below the 
request.

                       EMERGENCY FOOD AND SHELTER

Appropriations, 2009\1\.................................    $300,000,000
Budget estimate, 2010...................................     100,000,000
Committee recommendation................................     175,000,000

\1\Includes $100,000,000 in emergency appropriations provided in the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).

    This appropriation funds grants to nonprofit and faith-
based organizations at the local level to supplement their 
programs for emergency food and shelter to provide for the 
immediate needs of the homeless.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $175,000,000 for Emergency Food 
and Shelter, which is $75,000,000 above the budget request 
level.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

Appropriations, 2009...........................    $101,740,000
Budget estimate, 2010...................................     364,000,000
Committee recommendation................................     135,700,000

    United States Citizenship and Immigration Services [USCIS] 
funds expenses necessary for the administration of laws and the 
provision of services related to people seeking to enter, 
reside, work, and naturalize in the United States. In addition 
to directly appropriated resources, fee collections are 
available for the operations of USCIS.
    Immigration Examinations Fees.--USCIS collects fees from 
persons applying for immigration benefits to support the 
adjudication of applications, as authorized by the Immigration 
and Nationality Act (8 U.S.C. 1356).
    H1-B and L Fraud Prevention and Detection Fees.--USCIS 
collects fees from petitioners seeking a beneficiary's initial 
grant of H1-B or L nonimmigrant classification or those 
petitioners seeking to change a beneficiary's employer within 
those classifications (Public Law 108-447).
    H1-B Nonimmigrant Petitioner Fees.--USCIS collects fees 
from petitioners using the H1-B program (Public Law 108-447).

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends total resources of $2,638,932,000, 
including direct appropriations of $135,700,000 and estimated 
fee collections of $2,503,232,000.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                       UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--FUNDING SUMMARY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations............................................           101,740           364,000           135,700
                                                           =====================================================
Estimated Fee Collections:
    Immigration Examinations Fees.........................         2,495,186         2,451,884         2,451,884
    H-1B and L Fraud Prevention and Detection Fees........            31,000            38,348            38,348
    H-1B Non-immigrant Petitioner Fees....................            13,000            13,000            13,000
                                                           -----------------------------------------------------
      Total, Estimated Fee Collections....................         2,539,186         2,503,232         2,503,232
                                                           =====================================================
      Total, Available Funding............................         2,640,926         2,867,232         2,638,932
----------------------------------------------------------------------------------------------------------------

                                E-VERIFY

    The Committee recommends $118,500,000 for the E-verify 
program. The $6,500,000, 7 positions, and 4 FTE above the 
request are for additional system enhancements, an identity 
assurance tool, and additional capacity to investigate 
fraudulent use of identity documents.
    The Committee strongly supports E-Verify and the effort the 
Department is performing to improve E-Verify's ability to 
automatically verify those who are work authorized, detect 
identity fraud, and detect system misuse and discrimination. E-
Verify is both an essential tool for employers committed to 
maintaining a legal workforce and a key deterrent to illegal 
immigration. The requested program increase and the additional 
funds recommended by the Committee will promote monitoring and 
compliance activities and IT-related business initiatives 
geared toward improved system use.
    The Committee notes that USCIS has significantly enhanced 
E-Verify over the last few years, resulting in decreasing 
tentative non-confirmation rates while implementing continuous 
improvements. According to an independent evaluation of E-
Verify, 96.1 percent of all cases queried through E-Verify were 
automatically verified, in the first instance, as work 
authorized. The 96.1 percent figure (based on data from the 
third quarter of fiscal year 2008) represents a significant 
improvement over earlier evaluation results; the automatic 
verification rate improved from 83 percent in 2002 to 94.7 
percent in 2007. Of the remaining 3.9 percent of queries with 
an initial mismatch, only 0.37 percent of those were later 
confirmed to be work authorized. The initial mismatch could 
have been due to data error or someone not notifying the Social 
Security Administration [SSA] of name change, et cetera. The 
majority of remaining queries that were not automatically 
verified indicate that the program is doing what it is intended 
to do: detect unauthorized workers trying to work unlawfully.
    The Committee is aware that there is a common misconception 
that an initial mismatch indicates a program or database error. 
An initial mismatch instead indicates either: (1) a discrepancy 
between the information an employee has provided and 
information in government records; (2) that an employee has 
failed to update their information with SSA or DHS (such as a 
name change after marriage); or (3) an individual without work 
authorization has submitted fraudulent information. These 
individuals are afforded the opportunity to contest the finding 
by contacting SSA or DHS to resolve the discrepancy; however, 
as indicated, less than half of one percent of all individuals 
run through the program successfully contest an initial 
mismatch. Remaining queries receive a ``Final Non-
Confirmation'' in the system to inform an employer that they 
are not work authorized. This data indicates the program's 
success in quickly verifying the status of those who are work 
authorized and detecting those ineligible for employment.
    Given the concerns by some of the general public with E-
Verify, the Committee urges USCIS to continue to work to 
enhance the system to further improve performance, to continue 
its public outreach and education campaign, and to perform a 
new, independent evaluation of the system during the first 
quarter of fiscal year 2010.
    The bill also includes a general provision extending the E-
Verify program for 3 years, as requested.

                           PROPOSED NEW FEES

    The budget proposed $206,000,000 in new appropriated 
resources to cover the costs associated with performing 
international programs such as asylum, refugee, and 
humanitarian parole, as well as funding the costs of military 
naturalizations. The Committee supports appropriations to 
support those men and women serving this Nation in the military 
and has included $5,000,000, as requested, for military 
naturalizations. The Committee does not include the other 
requested funds and supports the existing method used to cover 
the costs for those activities. Therefore, the Committee 
directs the Department to submit a reprogramming within 30 days 
after the date of enactment of this act, to reflect the 
continuation of these activities as fee funded.

                         IMMIGRANT INTEGRATION

    The Committee recommends an additional $1,200,000, the same 
level as provided in fiscal year 2009, for citizenship 
education and immigrant integration grants. The Committee notes 
that the current year grant applications are still being 
evaluated and that the 2009 funds have yet to be awarded. The 
Committee does not recommend the $10,000,000 requested in the 
budget for a new immigrant integration activity. The Committee 
notes that the Office of Citizenship Services has long provided 
admirable services to assist those individuals seeking to 
become U.S. citizens or otherwise legally adjust their status 
and will have $6,400,000 of carry forward balances to continue 
these efforts. This makes a total of $7,600,000 available for 
immigrant services and integration grants.

                     DRIVER'S LICENSE SECURITY HUB

    The Committee supports the development of a Driver's 
License Security hub to assist State motor vehicle offices and 
other drivers' license issuing entities to produce secure 
drivers licenses and notes that Congress provided $50,000,000, 
as requested, in fiscal year 2009 for this purpose. Due to the 
fact that these funds remain unobligated and the Department 
continues to review plans for development of the hub, the 
Committee provides no new funding for this activity. The 
Committee strongly encourages the Department to deliver its 
plan for the hub and anticipates receiving the development plan 
this year.

                      FBI BACKGROUND CHECK BACKLOG

    The Committee is pleased to note that the multiyear FBI 
name check backlog has been eliminated. As of April 30, 2009, 
there were only 32 cases, out of 1,645 pending, which were more 
than 30 days old, compared to over 327,000 pending cases on 
April 1, 2008. The Committee expects USCIS to report to the 
Committee in the event that there are indications that the 
backlog is returning.

                       COMMITTEE RECOMMENDATIONS

    The following table, which includes appropriations and 
estimated fee collections, summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                       UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
    Employment Eligibility Verification [EEV]/E-Verify....           100,000           112,000           118,500
    Data Center Consolidation.............................  ................            11,000            11,000
    Benefit Parole Programs...............................               540  ................  ................
    Immigration Service Programs..........................             1,200            10,000             1,200
    Driver's License Security Hub.........................  ................            25,000  ................
    Asylum and Refugee Services...........................  ................           206,000             5,000
                                                           -----------------------------------------------------
      Total, Appropriations...............................           101,740           364,000           135,700
                                                           =====================================================
Fee Collections:
    Adjudication Services:
        Pay and Benefits..................................           780,076  ................  ................
        Operating Expenses:
            District Operations...........................           535,156         1,132,317         1,132,317
            Service Center Operations.....................           345,890           549,623           549,623
            Asylum, Refugee and International Operations..            92,602  ................  ................
            Records Operations............................            85,946           107,113           107,113
            Business Transformation.......................           139,000           173,264           173,264
            International Operations......................  ................            64,587            64,587
                                                           -----------------------------------------------------
              Subtotal, Adjudication Services.............         1,978,670         2,026,904         2,026,904
                                                           =====================================================
    Information and Customer Services:
        Pay and Benefits..................................            92,587  ................  ................
        Operating Expenses:
            Information and Customer Service..............  ................            89,050            89,050
            National Customer Service Center..............            53,747  ................  ................
            Information Services..........................            21,465  ................  ................
                                                           -----------------------------------------------------
              Subtotal, Information and Customer Serv-               167,799            89,050            89,050
               ices.......................................
                                                           =====================================================
    Administration:
        Administration....................................  ................           365,932           365,932
        Pay and Benefits..................................            88,746  ................  ................
        Operating Expenses................................           285,153  ................  ................
                                                           -----------------------------------------------------
          Subtotal, Administration........................           373,899           365,932           365,932
                                                           =====================================================
    Systematic Alien Verification for Entitlements [SAVE].            18,818            21,346            21,346
                                                           =====================================================
      Total, Fee Collections..............................         2,539,186         2,503,232         2,503,232
----------------------------------------------------------------------------------------------------------------

                Federal Law Enforcement Training Center


                         SALARIES AND EXPENSES

Appropriations, 2009....................................    $246,530,000
Budget estimate, 2010...................................     245,356,000
Committee recommendation................................     244,356,000

    The Federal Law Enforcement Training Center Salaries and 
Expenses appropriation provides funds for basic and some 
advanced training to Federal law enforcement personnel from 
more than 80 agencies. This account also allows for research of 
new training methodologies; provides for training to certain 
State, local, and foreign law enforcement personnel on a space-
available basis; and accreditation of Federal law enforcement 
training programs.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $244,356,000 for salaries and 
expenses of the Federal Law Enforcement Training Center [FLETC] 
for fiscal year 2010. Within the funds provided is $1,309,000 
for the Federal Law Enforcement Training Accreditation Board, 
$4,100,000 for the Train 21 program, and $5,000,000 for Data 
Center migration. Hiring of new Border Patrol agents has 
increased drastically since 2001. Beginning in 2010, the hiring 
of Border Patrol agents will begin to slow down. Due to reduced 
hiring, the President's budget decreased funding for basic 
training requirements by $12,512,000.
    The Committee encourages FLETC to continue and expand 
existing institutional partnerships prior to initiating new 
partnerships to assist in meeting State, local, and other 
training needs.
    The Committee includes bill language requiring the Director 
of FLETC to ensure all training centers are operated at the 
highest capacity feasible throughout the fiscal year. The 
Committee also expects the Director to maintain training at or 
near capacity before entering into new leases with private 
contractors or establishing new partner organizations.

                           INTEGRITY TRAINING

    The Federal Government has experienced a significant 
increase in law enforcement officer hiring in the years since 
the tragic attacks on September 11, 2001. The Committee 
believes it is critical that all Federal law enforcement 
personnel, especially new hires, receive comprehensive training 
in ethics and public integrity. The Committee notes that 
Federal law enforcement personnel receive ethics training as 
part of their basic training at FLETC and expects that all 
newly hired Federal law enforcement officers will receive such 
training wherever they are trained.

     ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

Appropriations, 2009....................................     $86,456,000
Budget estimate, 2010...................................      43,456,000
Committee recommendation................................      43,456,000

    This account provides for the acquisition and related costs 
for expansion and maintenance of facilities of the Federal Law 
Enforcement Training Center [FLETC]. This includes construction 
and maintenance of facilities and environmental compliance. The 
environmental compliance funds ensure compliance with 
Environmental Protection Agency and State environmental laws 
and regulations.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $43,456,000 for acquisitions, 
construction, improvements, and related expenses for expansion 
and maintenance of facilities of FLETC.

                         Science and Technology


                                SUMMARY

    The mission of Science and Technology [S&T] is to conduct, 
stimulate, and enable homeland security research, development, 
testing, and to facilitate the timely transition of 
capabilities to Federal, State, local, and tribal end-users.

                     MANAGEMENT AND ADMINISTRATION

Appropriations, 2009....................................    $132,100,000
Budget estimate, 2010...................................     142,200,000
Committee recommendation................................     143,200,000

    The Management and Administration account funds salaries 
and expenses related to the Office of the Under Secretary for 
Science and Technology, and headquarters.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $143,200,000 for management and 
administration of programs and activities carried out by S&T. 
Of this amount, the Committee recommends up to $10,000 for 
official reception and representation expenses.
    The recommended amount is $1,000,000 above the request and 
$11,100,000 above the fiscal year 2009 level.

                          TEST AND EVALUATIONS

    Under Acquisition Directive 102-01, S&T is responsible for 
ensuring that approved level 1 acquisitions comply with 
departmental guidance for testing and evaluating technologies. 
The Committee strongly supports S&T's role in the Acquisition 
Review Process. To ensure S&T has adequate staff and resources 
to fulfill this requirement, the Committee provides an increase 
of $1,000,000 above the request for additional Government 
personnel for Test and Evaluations/Standards to support the 
Department's Acquisition Review Board process. Further, S&T is 
directed to provide quarterly briefings to the Committee on the 
test and evaluation status of all level 1 acquisitions.

                           STRATEGIC PLANNING

    At the direction of the Committee, the National Academy of 
Public Administration [NAPA] undertook an independent review of 
research and development spending on homeland security within 
the Federal Government. As a result, NAPA found that S&T's 
efforts could be improved with the development of an internal 
strategic plan to focus efforts and measure progress of 
research projects. In addition, NAPA recommends a more 
coordinated approach to developing the Federal homeland 
security research strategic plan mandated by section 302 of 
Public Law 107-296. S&T is directed to report to the Committee 
within 30 days of the date of enactment of this act on its 
plans and timelines for full implementation of the NAPA 
recommendations in this area.

                      RESULTS OF RESEARCH PROJECTS

    S&T is directed to submit a report, in conjunction with the 
fiscal year 2011 President's budget request and in each 
subsequent fiscal year, on the results of its research and 
development for the prior fiscal year. This report should 
detail all technologies, technology improvements, or 
capabilities delivered to front line users, and if the 
technology or capability was the result of the Integrated 
Product Team process. The first report will cover all results 
from fiscal year 2009.

                     OBLIGATIONS AND DE-OBLIGATIONS

    The Committee requires more clarity in the process used by 
S&T to evaluate projects that have not used all of their 
allotted funds, and the process used to move funds from one 
project to another over time. S&T is directed to submit a 
report, in conjunction with the fiscal year 2011 President's 
budget request and in each subsequent fiscal year, on the 
amounts deobligated from projects during the prior fiscal year 
and what projects those funds were subsequently obligated to. 
The first report will cover all results from fiscal year 2009.

                    ASSESSMENT OF PROGRAM RESOURCES

    In the past, S&T was assessing various programs for 
operating costs that had not been fully accounted for in the 
management and administration account. While this practice 
appears to have ceased, the Committee reminds the Department 
that it expects to be notified should S&T assess any program 
for administrative costs exceeding 5 percent of the total 
program appropriation through a notification pursuant to 
section 503 of this act.

           RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

Appropriations, 2009....................................    $800,487,000
Budget estimate, 2010...................................     826,191,000
Committee recommendation................................     851,729,000

    Science and Technology [S&T] supports the mission of DHS 
through basic and applied research, fabrication of prototypes, 
research and development to mitigate the effects of weapons of 
mass destruction, as well as acquiring and field testing 
equipment. Separate funding is provided for 12 different 
activities or portfolios.

                        COMMITTEE RECOMMENDATONS

    The Committee recommends $851,729,000 for research, 
development, acquisition, and operations of S&T, with the funds 
to remain available for 2 years. The recommended amount is 
$25,538,000 above the request and $51,242,000 above the fiscal 
year 2009 level. The Committee does not include a separate PPA 
for the Homeland Security Institute, as requested in the 
budget. A general provision is included rescinding $7,500,000 
of unobligated prior year balances.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                   SCIENCE AND TECHNOLOGY--RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2009  Fiscal year 2010      Committee
                                                             enacted   budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Borders and Maritime Security.............................            33,050            40,181            40,181
Chemical and Biological...................................           200,408           206,800           206,800
Command, Control, and Interoperability....................            74,890            80,264            83,264
Explosives................................................            96,149           120,809           120,809
Human Factors.............................................            12,460            15,087            12,460
Infrastructure and Geophysical............................            75,816            44,742            67,607
Innovation................................................            33,000            44,000            44,000
Laboratory Facilities.....................................           161,940           154,500           154,500
Test and Evaluation/Standards.............................            28,674            28,674            28,674
Transition................................................            28,830            45,134            45,134
University Programs.......................................            50,270            46,000            48,300
Homeland Security Institute...............................             5,000  ................  ................
                                                           -----------------------------------------------------
      Total, Research, Development, Acquisition, and                 800,487           826,191           851,729
       Operations.........................................
----------------------------------------------------------------------------------------------------------------

                      BORDER AND MARITIME SECURITY

    The Committee recommendation includes $40,181,000, an 
increase of $7,131,000, as requested in the budget, for 
developing and transitioning tools and technologies that 
improve the security of our Nation's borders and waterways. 
Within the amount recommended is $13,199,000 for research on 
border technologies including $3,000,000 for urban tunnel 
detection basic research, as requested.

                        CHEMICAL AND BIOLOGICAL

    The Committee recommendation includes $206,800,000, an 
increase of $6,392,000 above the fiscal year 2009 level, as 
requested in the budget, for developing technologies for the 
detection of chemical, biological, and radiological 
contaminants.
    The Committee supports the transfer of the BioShield 
program from DHS to the Department of Health and Human Services 
as proposed in the budget, but S&T shall continue to carry out 
the responsibilities of section 3(c)(2) of the Project 
BioShield Act of 2004 (Public Law 108-276), which requires the 
Secretary of Homeland Security to make determinations of 
chemical, biological, nuclear, and radiological agents that are 
material threats to the U.S. population. Sufficient funds for 
this responsibility are provided within the recommendation.

                 COMMAND, CONTROL, AND INTEROPERABILITY

    The Committee recommendation includes $83,264,000, an 
increase of $3,000,000 above the amount requested in the 
budget. The Committee recommendation includes not less than 
$3,000,000, the same as the fiscal year 2009 level, for 
Distributed Environment for Critical Infrastructure 
Decisionmaking Exercises for research of low probability, high 
consequence cyber attacks against infrastructure critical to 
the U.S. economy. The Committee also encourages S&T to continue 
to work with the Homeland Open Security Technology program, 
which has successfully demonstrated the use of open source 
methodologies to address encryption and distribution issues of 
critical national interest. Expansion of this project would 
increase efforts to address these issues across all Federal 
agencies.

           FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS

    S&T, in conjunction with the Director of the National 
Institute of Standards and Technology, shall continue assessing 
the compliance of first responder communications equipment with 
common system standards for digital public safety radio 
communications (Project 25 standards).

                               EXPLOSIVES

    The Committee recommendation includes $120,809,000, an 
increase of $24,660,000 above the fiscal year 2009 level, as 
requested in the budget. The Committee includes $10,000,000, 
the same as the budget request level, to develop air cargo 
screening technologies. The Committee expects this effort to be 
based on a systems approach that is technologically achievable 
and economically feasible. S&T is expected to study available 
technology comprehensively to create the best uniform system to 
detect scalable, cost-effective technologies for the most 
viable threats.

              COUNTER-IMPROVISED EXPLOSIVE DEVICE RESEARCH

    The Committee recommendation includes $14,660,000 to 
support counter-improvised explosive device [IED] research, as 
requested in the budget. S&T is directed to report to the 
Committee, by March 5, 2010, on the progress made in addressing 
any identified gaps in research and development aimed at 
countering the threat of IED's and how the funds recommended 
will further close the identified gaps.

                             HUMAN FACTORS

    The Committee recommendation includes $12,460,000, the same 
as the fiscal year 2009 enacted level, for Human Factors.

                     INFRASTRUCTURE AND GEOPHYSICAL

    The Committee recommendation includes $67,607,000, an 
increase of $22,865,000 above the amount requested in the 
budget. The amount recommended includes not less than 
$20,865,000 to continue the Southeast Region Research 
Initiative at the Oak Ridge National Laboratory; and not less 
than $2,000,000 for the Cincinnati Urban Area partnership 
established through the Regional Technology Integration 
Initiative.

                               INNOVATION

    The Committee recommendation includes $44,000,000, an 
increase of $11,000,000 above the fiscal year 2009 level, as 
requested in the budget. Consistent with the budget request, 
specific projects to be funded include: $2,000,000 for the 
Multi-modal Tunnel Detect project; $2,000,000 for the Resilient 
Tunnel project; $4,000,000 for levee strengthening and damage 
mitigation; $1,500,000 for hurricane and storm surge 
mitigation; and $8,000,000 for the resilient electric grid.

                         LABORATORY FACILITIES

    The Committee recommendation includes $154,500,000 for 
Laboratory Facilities, as requested in the budget. Included in 
this amount is $12,000,000 as requested for construction 
responsibilities of DHS for the Physical Science Facility and 
refurbishment of building 325 at the Pacific Northwest National 
Laboratory.
    The Committee recognizes the importance of building the new 
National Bio and Agro-defense Facility [NBAF] as it will be the 
United States' primary defense against at least eight major 
diseases and viruses as well as other zoonotic diseases that 
may present a food security, animal health, or public health 
risk. The recent outbreak of H1N1 Swine Influenza underscores 
the need for the United States to have a central facility to do 
research on containing and combating such zoonotic diseases in 
animals before they are transmitted to people. Therefore, the 
Committee recommendation includes $36,312,000, as requested, to 
allow the NBAF to maintain the construction schedule outlined 
in the fiscal year 2010 congressional justification.
    Further, $5,000,000 is included, as requested, for 
infrastructure upgrades at the Transportation Security 
Laboratory [TSL]. To ensure that the Committee has the full 
long-term plan for modernizing the laboratory, S&T shall 
provide a 5-year master facility plan for improvements at the 
TSL to the Committee by March 5, 2010.

                               TRANSITION

    The Committee recommendation includes $45,134,000 for 
Transition, as requested in the budget. Included in the amount 
requested is an increase of $12,000,000 for first responder 
technologies to address gaps identified by the new Federal, 
State, local, and tribal First Responders Integrated Product 
Team. Given that this effort is just getting underway, and that 
project requirements have not yet been decided for any 
potential projects to be funded from this program, an 
expenditure plan for these funds is required to be submitted 60 
days after the date of enactment of this act.

                          UNIVERSITY PROGRAMS

    The Committee recommendation includes $48,300,000 for 
University Programs, $2,300,000 above the amount requested in 
the budget. The increased funding is to ensure an adequate 
level of funding for the continuation of this program. The 
Committee notes that $2,000,000 for the Naval Post Graduate 
School is funded in the Transition PPA, as requested in the 
budget.

                            NEW TECHNOLOGIES

    The Committee believes new technologies may significantly 
help the Department as it seeks to secure our homeland. The 
Committee encourages the Department to develop, through 
competitive awards, such technologies as: antigen presenting 
cell biosensors; micro-electric-mechanical systems based, low-
power, portable chemical detection system; and integrated 
biometric detectors.

                   Domestic Nuclear Detection Office


                                SUMMARY

    The Domestic Nuclear Detection Office [DNDO] is responsible 
for development of technologies to detect and report attempts 
to import, possess, store, develop, or transport nuclear and 
radiological material.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $374,037,000 for activities of 
DNDO for fiscal year 2010. The recommendation is an decrease of 
$140,154,000 from the fiscal year 2009 level and an increase of 
$7,901,000 from the level proposed in the budget request.
    The following table summarizes the Committee's 
recommendations as compared to the fiscal year 2009 and budget 
request levels:

                                        DOMESTIC NUCLEAR DETECTION OFFICE
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                 Fiscal year      Fiscal year
                                                                     2009         2010 budget       Committee
                                                               enacted      request      recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration................................           37,500           39,599           37,500
Research, Development, and Operations........................          323,200          326,537          326,537
Systems Acquisition..........................................          153,491  ...............           10,000
                                                              --------------------------------------------------
      Total, Domestic Nuclear Detection Office...............          514,191          366,136          374,037
----------------------------------------------------------------------------------------------------------------

                          ALTERNATIVE PATHWAYS

    The Committee continues to raise concerns that terrorists 
may be able to acquire a nuclear weapon and choose to transport 
it into the country through means other than a shipping 
container. The Committee again urges DNDO to prioritize its 
development and deployment of detection equipment upon risk, 
and as appropriate, focus on other pathways into the country 
such as general aviation, small pleasure maritime craft, or 
other routes it deems the highest risk.

                     MANAGEMENT AND ADMINISTRATION

Appropriations, 2009....................................     $37,500,000
Budget estimate, 2010...................................      39,599,000
Committee recommendation................................      37,500,000

    The Management and Administration account funds salaries, 
benefits, and expenses for the Domestic Nuclear Detection 
Office.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommendation includes $37,500,000 for 
Management and Administration. The recommendation is the same 
as the fiscal year 2009 level and a decrease of $2,099,000 from 
the level proposed in the budget request. Of this amount the 
Committee recommends not to exceed $3,000 for official 
reception and representation expenses. Funds are decreased due 
to the delay in filling full-time permanent positions within 
DNDO.

                 RESEARCH, DEVELOPMENT, AND OPERATIONS

Appropriations, 2009....................................    $323,200,000
Budget estimate, 2010...................................     326,537,000
Committee recommendation................................     326,537,000

    The Research, Development and Operations account 
transformational research of technologies for front line users.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommendation includes $326,537,000 for 
Research, Development, and Operations, with the funds to remain 
available for 2 years. The recommendation is an increase of 
$3,337,000 from the fiscal year 2009 level and the same as the 
level proposed in the budget request. Bill language rescinding 
$8,000,000 of prior year balances is included in the general 
provisions.

                      IMPROVING CURRENT TECHNOLOGY

    The Committee is aware that improvements can be made to the 
radiation detectors currently in use. Both the Government 
Accountability Office and the Homeland Security Institute's 
Independent Review of the Advanced Spectroscopic Portal Final 
Report discuss improvements that can be made to polyvinyl 
toluene [PVT] radiation monitors. Given that the PVT monitors 
will be in use for a considerable time it would seem prudent to 
invest in this technology. In addition, the National Academy of 
Sciences' interim report on Advanced Spectroscopic Portals 
discusses the need to invest in technology advancements in 
handheld radiation detectors. Therefore, the Committee includes 
$5,000,000, within the funds provided, to improve operations 
and capabilities of the PVT monitors and handheld radiation 
detectors and deploy any improvements developed to the field. 
DNDO is directed to submit an expenditure plan and development 
and deployment timelines by November 16, 2009.

                          SYSTEMS ACQUISITION

Appropriations, 2009....................................    $153,491,000
Budget estimate, 2010...................................................
Committee recommendation................................      10,000,000

    The Systems Acquisition account funds the acquisition of 
radiological detection equipment for front line users across 
the Department.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommendation includes $10,000,000 for 
Systems Acquisition. The recommendation is a decrease of 
$143,491,000 from the fiscal year 2009 level and an increase of 
$10,000,000 from the level proposed in the budget request.

                          SECURING THE CITIES

    The Committee recommendation includes $10,000,000 to 
continue the securing the cities initiative as a competitively 
awarded grant program.

                 ADVANCED SPECTROSCOPIC PORTAL MONITORS

    The Committee agrees with the Department's proposal to re-
evaluate the Advanced Spectroscopic Portal [ASP] program. As of 
May 15, 2009, DNDO had $126,000,000 in available balances for 
acquiring human portable radiation detection systems and 
radiation portal monitors. These balances should be sufficient 
to complete current deployments. Over $80,500,000 is planned 
for obligation in fiscal year 2010 if the ASP is certified for 
use in either secondary or primary inspection.
    As the Secretary is reviewing the ASP program, the 
Committee encourages the Department to review the placement of 
the acquisition dollars for radiation portal monitors within 
what is a primarily research and development component and not 
an operational component. As the deployment of the domestic 
nuclear detection architecture has matured it may be more 
appropriate for future acquisition dollars to be placed in the 
operational components that perform these activities: Coast 
Guard; CBP; and TSA. Further, the Committee encourages the 
Department to evaluate the transfer of remaining balances 
within this account to the appropriate operational component.

                       ASP MONITORS CERTIFICATION

    Bill language is included prohibiting the Department from 
full-scale procurement of ASP monitors until the Secretary 
submits a report to the Committees on Appropriations certifying 
that a significant increase in operational effectiveness will 
be achieved. In addition, separate and distinct certifications 
shall be submitted by the Secretary prior to the procurement of 
ASPs for primary and secondary deployment that addresses the 
requirements for operational effectiveness of each type of 
deployment. The Secretary is directed to continue consulting 
with the National Academy of Sciences. Finally, DNDO is 
prohibited from engaging in high-risk concurrent development 
and production of mutually dependent software and hardware 
components of detection systems.
    The National Academy of Science's interim report on the ASP 
program made three recommendations related to development and 
certification. Specifically, DNDO should: incorporate computer 
modeling in addition to testing so that the results of one can 
be used to validate the other; use available low-rate initial 
production ASPs for primary and secondary inspection at various 
sites to assess capabilities in multiple environments; and 
complete a more rigorous cost benefit analysis that takes a 
broader approach to assessing the cost of reducing risk in one 
area versus another. The Committee believes these 
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 Committee as to why 
these recommendations were not followed.
    The Committee notes that independent reviews of the ASP 
program have been of value to the Department. Therefore, the 
Committee believes an independent cost-benefit analysis would 
be beneficial.

                                TITLE V

                           GENERAL PROVISIONS

                    (INCLUDING RESCISSIONS OF FUNDS)

    Section 501. The bill includes a provision that no part of 
any appropriation shall remain available for obligation beyond 
the current fiscal year unless expressly provided.
    Section 502. The bill includes a provision that unexpended 
balances of prior appropriations may be merged with new 
appropriations accounts and used for the same purpose, subject 
to reprogramming guidelines.
    Section 503. The bill includes a provision that provides 
authority to reprogram appropriations within an account and to 
transfer up to 5 percent between appropriations accounts with 
15-day advance notification of the Committees on 
Appropriations. A detailed funding table identifying each 
congressional control level for reprogramming purposes is 
included at the end of this statement. These reprogramming 
guidelines shall be complied with by all departmental 
components funded by this act.
    The Committee expects the Department to submit 
reprogramming requests on a timely basis, and to provide 
complete explanations of the reallocations proposed, including 
detailed justifications of the increases and offsets, and any 
specific impact the proposed changes will have on the budget 
request for the following fiscal year and future-year 
appropriations requirements. Each request submitted to the 
Committees should include a detailed table showing the proposed 
revisions at the account, program, project, and activity level 
to the funding and staffing (full-time equivalent) levels for 
the current fiscal year and to the levels required for the 
following fiscal year. The Committee continues to be 
disappointed by the quality, level of detail, and timeliness of 
the Department's proposed reprogrammings.
    The Committee expects the Department to manage its programs 
and activities within the levels appropriated. The Committee 
reminds 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 on Appropriations 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 shall not propose a reprogramming or 
transfer of funds after June 30 unless there are extraordinary 
circumstances, which place human lives or property in imminent 
danger.
    Section 504. The bill includes a provision relating to the 
Department's Working Capital Fund [WCF] that: extends the 
authority of the Department's WCF in fiscal year 2010; 
prohibits funds appropriated or otherwise made available to the 
Department from being used to make payments to the WCF, except 
for the activities and amounts allowed in the President's 
fiscal year 2010 budget; makes funds available for the WCF 
available until expended; ensures departmental components are 
only charged for direct usage of each WCF service; makes funds 
provided to the WCF available only for purposes consistent with 
the contributing component; requires the WCF to be paid in 
advance or reimbursed at rates which will return the full cost 
of each service; and subjects the WCF to the requirements of 
section 503 of this act. The WCF table included in the 
Department's congressional justification accompanying the 
President's fiscal year 2010 budget shall serve as the control 
level for reprogramming and transfer purposes in compliance 
with section 503 of this act. The Committee notes that 
consistent with the Department of Homeland Security 
Appropriations Act, 2009, the President's WCF budget does not 
include funds for sedan service, shuttle service, transit 
subsidy, mail operations, parking, and competitive sourcing. 
The WCF shall not be available for these purposes in fiscal 
year 2010.
    Section 505. The bill includes a provision 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.
    Section 506. The bill includes a provision providing 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 bill includes a provision requiring 
notification of the Committees on Appropriations 3 full 
business days before any grant allocation, discretionary grant 
award, discretionary contract award, including Federal 
Acquisition Regulation-covered contracts, letter of intent, 
Other Transaction Agreement, totaling in excess of $1,000,000, 
or public announcement of the intention to make such an award. 
Additionally, the Federal Emergency Management Agency [FEMA] is 
required to brief the Committees on Appropriations 5 full 
business days prior to announcing publicly the intention to 
make an award of State Homeland Security grants, Urban Area 
Security Initiative grants, or Regional Catastrophic 
Preparedness Grants.
    Section 508. The bill includes a provision that no agency 
shall purchase, construct, or lease additional facilities for 
Federal law enforcement training without the advance approval 
of the Committees on Appropriations.
    Section 509. The bill includes a provision that none of the 
funds may be used for any construction, repair, alteration, or 
acquisition project for which a prospectus, if required under 
chapter 33 of title 40, United States Code, has not been 
approved. The bill excludes funds that may be required for 
development of a proposed prospectus.
    Section 510. The bill includes a provision that 
consolidates, continues, and modifies by reference prior year 
statutory bill language into one provision. These provisions 
concern reporting requirements of the privacy officer, 
contracting officers' training, Federal building energy 
performance, and fleet and transportation efficiency.
    Section 511. The bill includes a provision that none of the 
funds may be used in contravention of the Buy American Act.
    Section 512. The bill includes a provision to prohibit the 
obligation of funds for the deployment or implementation of the 
Secure Flight program, or any other follow-on or successor 
passenger screening program, that utilizes or tests algorithms 
assigning risk to passengers not on Government watchlists or 
for a commercial database that is obtained from or remains 
under the control of a non-Federal entity, excluding Passenger 
Name Record data obtained from air carriers.
    Section 513. The bill includes a provision prohibiting 
funds to be used to amend the oath of allegiance required by 
section 337 of the Immigration and Nationality Act (8 U.S.C. 
1448).
    Section 514. The bill includes a provision regarding 
competitive sourcing for United States Citizenship and 
Immigration Services.
    Section 515. The bill includes a provision that requires 
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 (Public Law 110-53), increases incrementally 
each quarter. TSA is required to report air cargo inspection 
statistics detailing how incremental progress is being made to 
the Committees on Appropriations within 45 days of the end of 
each quarter of the fiscal year. Incremental progress shall 
continue until 100 percent screening is achieved, as required 
by the 9/11 Act.
    Section 516. The bill includes a provision directing that 
any funds appropriated or transferred to TSA ``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 
procurement and installation of explosives detection systems, 
for air cargo, baggage, and checkpoint screening systems, 
subject to notification. Quarterly reports must be submitted 
identifying any funds that are recovered or deobligated.
    Section 517. The bill includes a provision requiring any 
funds appropriated to the 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 bill includes a provision that prohibits 
obligation of funds provided in this act to commence operations 
of the National Applications Office or the National Immigration 
Information Sharing Operation until the Secretary certifies 
that these programs comply with all existing laws and that 
certification is reviewed by GAO.
    Section 519. The bill includes a provision requiring the 
Chief Financial Officer to submit monthly budget execution and 
staffing reports within 45 days after the close of each month. 
These reports are to include the number of contract employees 
by office.
    Section 520. The bill includes a provision relating to 
undercover investigative operations authority of the Secret 
Service.
    Section 521. The bill includes a provision classifying the 
functions of instructor staff at FLETC as inherently 
governmental for purposes of the Federal Activities Inventory 
Reform Act of 1998.
    Section 522. The bill includes a provision prohibiting 
funds for the development, testing, deployment, or operation of 
any portion of a human resources management system authorized 
by 5 U.S.C. 9701(a), or by regulations prescribed pursuant to 5 
U.S.C. 9701(a), for an ``employee'' as defined in 5 U.S.C. 
7103(a)(2).
    Section 523. The bill includes a provision regarding the 
enforcement of section 4025(1) of Public Law 108-458 regarding 
butane lighters.
    Section 524. The bill includes a provision permitting funds 
for the alteration of 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 no funds can 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.
    Section 525. The bill includes a provision prohibiting the 
obligation of funds to the Office of the Secretary and 
Executive Management, the Office of the Under Secretary for 
Management, and the Office of the Chief Financial Officer for 
grants or contracts awarded by any means other than full and 
open competition. This provision does not require new 
competitions of existing contracts during their current terms. 
The bill also requires the Inspector General to review 
Departmental contracts awarded noncompetitively and report on 
the results to the Committees.
    Section 526. The bill includes a provision prohibiting 
funding to grant an immigration benefit to any individual 
unless the results of background checks required in statute to 
be completed prior to the grant of benefit have been received 
by DHS.
    Section 527. The bill includes a provision prohibiting use 
of funds to destroy or put out to pasture any horse or other 
equine belonging to the Federal Government unless adoption has 
been offered first.
    Section 528. The bill includes a provision that precludes 
the Department from using funds in this act to carry out 
section 872 of the Homeland Security Act (Public Law 107-296) 
during fiscal year 2010. Section 872 provides the Secretary 
with extraordinary authority to reorganize functions and 
organizational units of the Department without congressional 
approval. Since the creation of the Department in March 2003, 
the Secretary exercised section 872 authority nine times. The 
Committee believes continuous reorganizations impede the 
ability of the Department to operate effectively and 
contributes to low morale. 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 529. The bill includes a provision regarding the 
use of Data Center One (National Center for Critical 
Information Processing and Storage).
    Section 530. The bill includes a provision that prohibits 
funds from being used to reduce the Coast Guard's Operations 
Systems Center mission or its Government-employed or contract 
staff.
    Section 531. The bill includes a provision prohibiting 
funds to be used to conduct or implement the results of a 
competition under Office of Management and Budget Circular A-76 
with respect to the Coast Guard National Vessel Documentation 
Center.
    Section 532. The bill includes a provision that requires 
the Secretary to link all contracts that provide award fees to 
successful acquisition outcomes.
    Section 533. The bill includes a provision prohibiting the 
obligation of funds for the Office of Secretary and Executive 
Management for any new hires by DHS that are not verified 
through the basic pilot program of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996.
    Section 534. The bill includes a provision contained in 
Public Laws 109-295, 110-161, and 110-329 related to 
prescription drugs.
    Section 535. The bill includes a provision prohibiting 
funds from being used to implement a rule or regulation which 
implements the Notice of Proposed Rulemaking related to 
Petitions for Aliens to Perform Temporary Nonagricultural 
Services or Labor (H-2B) set out beginning on 70 Federal 
Register 3984 (January 27, 2005).
    Section 536. The bill includes a provision extending the 
Department's other transactional authority through fiscal year 
2010.
    Section 537. None of the funds made available in this act 
may be used for planning, testing, piloting, or developing a 
national identification card.
    Section 538. The bill includes a provision requiring FEMA 
to report on damage assessment information used to determine if 
a disaster should be declared and requiring this report to be 
placed on FEMA's website unless it compromises national 
security.
    Section 539. The bill includes a provision authorizing the 
liquidation of Plum Island, New York, and allowing the proceeds 
of the sale to be used to offset the costs of the National Bio 
and Agro-defense Facility [NBAF] and certain expenses related 
to the sale. Any excess funds available following the 
completion of NBAF are available to offset costs for the new 
Department of Homeland Security headquarters.
    Section 540. The bill includes a provision directing that 
any official required by this act to report or certify to the 
Committees on Appropriations may not delegate such authority 
unless expressly authorized to do so in this act.
    Section 541. The bill includes a provision requiring the 
Secretary of Homeland Security, in conjunction with the 
Secretary of Treasury, to notify the Committees on proposed 
transfers of surplus balances from the Department of the 
Treasury Forfeiture Fund to any agency within the Department of 
Homeland Security.
    Section 542. The bill includes a provision directing the 
Secretary to consult with the Secretaries of Defense and 
Transportation on a concept of operations for unmanned aerial 
systems operating in the U.S. national airspace system.
    Section 543. The bill includes a provision requiring the 
assistant Secretary of Homeland Security [TSA] to certify that 
no security risks will result if any airport does not 
participate in the Basic Pilot Program.
    Section 544. The bill includes a provision that provides 
the Secretary of Homeland Security, for fiscal year 2010 and 
thereafter, with authority to give DHS personnel the same 
allowances and benefits that other executive branch personnel 
receive when assigned abroad.
    Section 545. The bill includes a provision amending the 
Consolidated Security, Disaster Assistance and Continuing 
Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580 et 
seq.), as amended by section 101 of division J of Public Law 
111-8, to extend for 3 years the authorization for the Basic 
Pilot Program known as E-Verify, and the EB-5 Immigrant 
Investor Pilot Program.
    Section 546. The bill includes a provision permitting the 
Secretary to dispose of ICE-owned detention facilities and to 
retain the funds for other ICE detention-related activities.
    Section 547. The bill includes a provision that amends the 
Department of Homeland Security Appropriations Act, 2007 
(Public Law 109-295) to extend the Department's chemical 
security regulatory authorities for 1 year.
    Section 548. The bill includes a provision that allows the 
Secretary of Homeland Security to retain conference fees and 
deposit those fees back into the appropriation responsible for 
the activity. The Secretary is required to report to the 
Committees on Appropriations on the use of this new authority.
    Section 549. The bill includes a provision regarding the 
definition of the term ``rural''.
    Section 550. The bill includes a provision rescinding 
$5,000,000 from unobligated balances of prior year 
appropriations made available for ``Analysis and Operations''.
    Section 551. The bill includes a provision rescinding 
$7,000,000 in unobligated prior year balances for U.S. 
Immigration and Customs Enforcement, ``Construction''.
    Section 552. The bill includes a provision rescinding 
$8,000,000 from unobligated balances of prior year 
appropriations made available for National Protection and 
Programs Directorate ``Infrastructure Protection and 
Information Security''.
    Section 553. The bill includes a provision rescinding 
$7,500,000 from unobligated balances of prior year 
appropriations made available for Science and Technology 
``Research, Development, Acquisition, and Operations''.
    Section 554. The bill includes a provision rescinding 
$8,000,000 from unobligated balances of prior year 
appropriations made available for Domestic Nuclear Detection 
Office ``Research, Development, and Operations''.
    Section 555. The bill includes a provision requiring 
certain certifications by the Commandant of the Coast Guard 
prior to the termination of the loran-C signal. The bill also 
provides authority for the sale of real and personal property 
associated with the loran system.

                     PROGRAM, PROJECT, AND ACTIVITY

    The following information provides the definition of the 
term ``program, project, and activity'' for the components of 
the Department of Homeland Security under the jurisdiction of 
the Homeland Security Subcommittee of the Committee on 
Appropriations. The term ``program, project, and activity'' 
shall include the most specific level of budget items 
identified in the Department of Homeland Security 
Appropriations Act, 2010, the House and Senate Committee 
reports, and the conference report and accompanying joint 
explanatory statement of the managers of the committee of 
conference.
    If a percentage reduction is necessary, in implementing 
that reduction, components of the Department of Homeland 
Security shall apply any percentage reduction required for 
fiscal year 2010 to all items specified in the justifications 
submitted to the Committees on Appropriations of the Senate and 
the House of Representatives in support of the fiscal year 2010 
budget estimates, as amended, for such components, as modified 
by congressional action.

  COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE 
                                 SENATE

    Paragraph 7 of rule XVI requires that Committee reports 
accompanying general appropriations bills identify each 
recommended amendment which proposes an item of appropriation 
which is not made to carry out the provisions of an existing 
law, a treaty stipulation, or an act or resolution previously 
passed by the Senate during that session.
    The Committee is filing an original bill, which is not 
covered under this rule, but reports this information in the 
spirit of full disclosure.
    The Committee recommends funding for the following programs 
or activities which currently lack authorization for fiscal 
year 2009:
    Office of the Secretary and Executive Management;
    Office of the Under Secretary for Management;
    Office of the Chief Financial Officer;
    Office of the Chief Information Officer;
    Analysis and Operations;
    Office of the Federal Coordinator for Gulf Coast 
Rebuilding;
    Office of Inspector General;
    U.S. Customs and Border Protection: Salaries and Expenses; 
Automation Modernization; Border Security Fencing, 
Infrastructure, and Technology; Air and Marine Interdiction, 
Operations, Maintenance, and Procurement; and Construction and 
Facilities Management;
    U.S. Immigration and Customs Enforcement: Salaries and 
Expenses; and Automation Modernization;
    Transportation Security Administration: Transportation 
Threat Assessment and Credentialing; and Transportation 
Security Support;
    United States Coast Guard: Operating Expenses; 
Environmental Compliance and Restoration; Reserve Training; 
Acquisition, Construction, and Improvements; Alteration of 
Bridges; Research, Development, Test, and Evaluation; and 
Retired Pay;
    United States Secret Service: Salaries and Expenses; and 
Acquisition, Construction, Improvements, and Related Expenses;
    National Protection and Programs Directorate: Management 
and Administration; Infrastructure Protection and Information 
Security; U.S. Visitor and Immigrant Status Indicator 
Technology and Federal Protective Service;
    Office of Health Affairs;
    Federal Emergency Management Agency: Management and 
Administration; State and Local Programs; Disaster Relief; 
Flood Map Modernization Fund; Emergency Food and Shelter; 
Assistance to Firefighter Grants; National Predisaster 
Mitigation Fund; and National Flood Insurance Fund;
    United States Citizenship and Immigration Services;
    Federal Law Enforcement Training Center: Salaries and 
Expenses; and Acquisition, Construction, Improvements, and 
Related Expenses;
    Science and Technology: Management and Administration; and 
Research, Development, Acquisition, and Operations.
    Domestic Nuclear Detection Office: Management and 
Administration; Research, Development, and Operations; and 
Systems Acquisition.

COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Pursuant to paragraph 7(c) of rule XXVI, on June 18, 2009, 
the Committee ordered reported en bloc an original bill (S. 
1298) making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2009, and an 
original bill (S. 1294) making appropriations for the 
Legislative Branch for the fiscal year ending September 30, 
2009, with each subject to amendment and subject to the budget 
allocations, and authorized the chairman of the committee or 
the chairman of the subcommittee to offer the text of the 
Senate-reported bill as a committee amendment in the nature of 
a substitute to the House companion measure, by a recorded vote 
of 30-0, a quorum being present. The vote was as follows:
        Yeas                          Nays
Chairman Inouye
Mr. Byrd
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Pryor
Mr. Tester
Mr. Specter
Mr. Cochran
Mr. Bond
Mr. McConnell
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mrs. Hutchison
Mr. Brownback
Mr. Alexander
Ms. Collins
Mr. Voinovich
Ms. Murkowski

 COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Paragraph 12 of rule XXVI requires that Committee reports 
on a bill or joint resolution repealing or amending any statute 
or part of any statute include ``(a) the text of the statute or 
part thereof which is proposed to be repealed; and (b) a 
comparative print of that part of the bill or joint resolution 
making the amendment and of the statute or part thereof 
proposed to be amended, showing by stricken-through type and 
italics, parallel columns, or other appropriate typographical 
devices the omissions and insertions which would be made by the 
bill or joint resolution if enacted in the form recommended by 
the committee.''
    In compliance with this rule, the following changes in 
existing law proposed to be made by the bill are shown as 
follows: existing law to be omitted is enclosed in black 
brackets; new matter is printed in italics; and existing law in 
which no change is proposed is shown in roman.

SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND RESPONSE 
  TO TERRORIST ATTACKS ON THE UNITED STATES, 2002, PUBLIC LAW 107-206


                  TITLE I--SUPPLEMENTAL APPROPRIATIONS


                               CHAPTER 12


                          INDEPENDENT AGENCIES


GENERAL PROVISIONS--THIS CHAPTER

           *       *       *       *       *       *       *


    Sec. 1202. (a) The Federal Law Enforcement Training Center 
may, for a period ending not later than [December 31, 2011] 
December 31, 2012, appoint and maintain a cadre of up to 250 
Federal annuitants: (1) without regard to any provision of 
title 5, United States Code, which might otherwise require the 
application of competitive hiring procedures; and (2) who shall 
not be subject to any reduction in pay (for annuity allocable 
to the period of actual employment) under the provisions of 
section 8344 or 8468 of such title 5 or similar provision of 
any other retirement system for employees. A reemployed Federal 
annuitant as to whom a waiver of reduction under paragraph (2) 
applies shall not, for any period during which such waiver is 
in effect, be considered an employee for purposes of subchapter 
III of chapter 83 or chapter 84 of title 5, United States Code, 
or such other retirement system (referred to in paragraph (2)) 
as may apply.
                                ------                                


 DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007, PUBLIC LAW 
                                109-295


                                TITLE V


                           GENERAL PROVISIONS

    Sec. 501. * * *

           *       *       *       *       *       *       *

    Sec. 532. (a) United States Secret Service Use of Proceeds 
Derived From Criminal Investigations.--During fiscal year 
[2009] 2010, with respect to any undercover investigative 
operation of the United States Secret Service (hereafter 
referred to in this section as the ``Secret Service'') that is 
necessary for the detection and prosecution of crimes against 
the United States--

           *       *       *       *       *       *       *

    Sec. 550. (a) * * *

           *       *       *       *       *       *       *

    (b) Interim regulations issued under this section shall 
apply until the effective date of interim or final regulations 
promulgated under other laws that establish requirements and 
standards referred to in subsection (a) and expressly supersede 
this section: Provided, That the authority provided by this 
section shall terminate [three years after the date of 
enactment of this Act] October 4, 2010.
                                ------                                


           OMNIBUS APPROPRIATIONS ACT, 2009, PUBLIC LAW 111-8


 DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND 
                       SECURITY AND OTHER MATTERS


                    DEPARTMENT OF HOMELAND SECURITY


                   GENERAL PROVISIONS--THIS DIVISION

    Sec. 101. Sections 143, 144, and 145 of division A of the 
Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580 et 
seq.) are each amended by striking ``the date specified in 
section 106(3) of this joint resolution'' and inserting 
[``September 30, 2009''] September 30, 2012.

                        BUDGETARY IMPACT OF BILL


  PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
                                                     AMENDED
                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  Budget authority               Outlays
                                                             ---------------------------------------------------
                                                               Committee    Amount  of   Committee    Amount  of
                                                               allocation      bill      allocation      bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
 to its subcommittees in the Budget Resolution for 2010:
 Subcommittee on Homeland Security:
    Mandatory...............................................        1,265        1,265        1,262     \1\1,262
    Discretionary...........................................       42,685       42,927       46,509    \1\46,613
Projection of outlays associated with the recommendation:
    2010....................................................  ...........  ...........  ...........    \2\26,687
    2011....................................................  ...........  ...........  ...........        8,416
    2012....................................................  ...........  ...........  ...........        5,133
    2013....................................................  ...........  ...........  ...........        1,871
    2014 and future years...................................  ...........  ...........  ...........        1,204
Financial assistance to State and local governments for                NA        4,779           NA          461
 2010.......................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.

NA: Not applicable.

NOTE.--Consistent with the funding recommended in the bill for ``overseas deployments and other activities'' and
  in accordance with section 401(c)(4) of Senate Concurrent Resolution 13 (111th Congress), the Committee
  anticipates that the Budget Committee will file a revised section 302(a) allocation for the Committee on
  Appropriations reflecting an upward adjustment of $242,000,000 in budget authority plus associated outlays.

         DISCLOSURE OF CONGRESSIONALLY DIRECTED SPENDING ITEMS

    The Constitution vests in the Congress the power of the 
purse. The Committee believes strongly that Congress should 
make the decisions on how to allocate the people's money.
    As defined in Rule XLIV of the Standing Rules of the 
Senate, the term ``congressionally directed spending item'' 
means a provision or report language included primarily at the 
request of a Senator, providing, authorizing, or recommending a 
specific amount of discretionary budget authority, credit 
authority, or other spending authority for a contract, loan, 
loan guarantee, grant, loan authority, or other expenditure 
with or to an entity, or targeted to a specific State, locality 
or Congressional district, other than through a statutory or 
administrative, formula-driven, or competitive award process.
    For each item, a Member is required to provide a 
certification that neither the Member nor the Senator's 
immediate family has a pecuniary interest in such 
congressionally directed spending item. Such certifications are 
available to the public on the website of the Senate Committee 
on Appropriations (www.appropriations.senate.gov/senators.cfm).
    Following is a list of congressionally directed spending 
items included in the Senate recommendation discussed in this 
report, along with the name of each Senator who submitted a 
request to the Committee of jurisdiction for each item so 
identified. Neither the Committee recommendation nor this 
report contains any limited tax benefits or limited tariff 
benefits as defined in rule XLIV.

                                                                                 DEPARTMENT OF HOMELAND SECURITY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Agency                                     Account                                                Project                             Amount                 Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             CONGRESSIONALLY DIRECTED SPENDING ITEMS

CBP............................  Construction and Facilities Management...............  Advanced Training Center, WV........................       $39,700,000  Senator Robert Byrd
CG.............................  Acquisition, Construction, and Improvements..........  Coast Guard Station Cleveland Harbor, OH............       $16,800,000  Senator George Voinovich
CG.............................  Acquisition, Construction, and Improvements..........  Coast Guard Academy Pier, CT........................          $300,000  Senator Christopher Dodd
CG.............................  Operating Expenses...................................  Operations Systems Center, WV.......................        $3,600,000  Senator Robert Byrd
CG.............................  Alteration of Bridges................................  Fort Madison, IA....................................        $4,000,000  Senator Tom Harkin
NPPD...........................  Infrastructure Protection and Information Security...  National Infrastructure Simulation and Analysis             $4,000,000  Senators Jeff Bingaman, Tom
                                                                                         Center,  NM.                                                            Udall
FEMA...........................  State and Local Programs.............................  Ohio Emergency Management Agency Emergency                  $1,500,000  Senator George Voinovich
                                                                                         Operations Center, Columbus, OH.
FEMA...........................  State and Local Programs.............................  City of Ames Emergency Operations Center, Ames, IA..          $600,000  Senator Tom Harkin
FEMA...........................  State and Local Programs.............................  City of Mount Vernon Emergency Operations Center,           $1,000,000  Senators Charles Schumer,
                                                                                         Mount Vernon, NY.                                                       Kristen Gillibrand
FEMA...........................  State and Local Programs.............................  City of Whitefish Emergency Operations Center,                $900,000  Senator Jon Tester
                                                                                         Whitefish, MT.
FEMA...........................  State and Local Programs.............................  City of Chicago Emergency Operations Center,                $1,000,000  Senator Richard Durbin
                                                                                         Chicago,  IL.
FEMA...........................  State and Local Programs.............................  City of Hackensack Emergency Operations Center,               $300,000  Senators Frank Lautenberg,
                                                                                         Hackensack, NJ.                                                         Robert Menendez
FEMA...........................  State and Local Programs.............................  County of Union Emergency Operations Center, Union            $353,000  Senators Frank Lautenberg,
                                                                                         County, NJ.                                                             Robert Menendez
FEMA...........................  State and Local Programs.............................  Township of South Orange Village Emergency                    $247,000  Senators Frank Lautenberg,
                                                                                         Operations Center, South Orange, NJ.                                    Robert Menendez
FEMA...........................  State and Local Programs.............................  Lincoln County Emergency Operations Center, Lincoln         $1,000,000  Senator Patty Murray
                                                                                         County, WA.
FEMA...........................  State and Local Programs.............................  City of Providence Emergency Operations Center,               $980,000  Senator Jack Reed
                                                                                         Providence, RI.
FEMA...........................  State and Local Programs.............................  North Louisiana Regional Emergency Operations                 $980,000  Senator Mary Landrieu
                                                                                         Center, Lincoln Parish, LA.
FEMA...........................  State and Local Programs.............................  City of North Little Rock Emergency Operations                $900,000  Senators Mark Pryor, Blanche
                                                                                         Center, North Little Rock, AR.                                          Lincoln
FEMA...........................  State and Local Programs.............................  National Domestic Preparedness Consortium, CO, HI,         $50,500,000  Senators Daniel Inouye, Harry
                                                                                         NV, TX, NM, LA.                                                         Reid, Mary Landrieu, Jeff
                                                                                                                                                                 Bingaman, Tom Udall, Michael
                                                                                                                                                                 Bennet, John Cornyn, Kay Bailey
                                                                                                                                                                 Hutchison
FEMA...........................  State and Local Programs.............................  Counterterrorism and Cybercrime Center, Norwich, VT.        $1,700,000  Senator Patrick Leahy
S&T............................  Research, Development, Acquisition, and Operations...  Distributed Environment for Critical Infrastructure         $3,000,000  Senators Patrick Leahy, Robert
                                                                                         Decisionmaking Exercises, Multiple Locations.                           Bennett
S&T............................  Research, Development, Acquisition, and Operations...  Cincinnati Urban Area partnership, OH...............        $2,000,000  Senator George Voinovich
S&T............................  Research, Development, Acquisition, and Operations...  Southeast Region Research Initiative, TN............       $20,865,000  Senators Thad Cochran, Roger
                                                                                                                                                                 Wicker

                                                                             PRESIDENTIALLY REQUESTED SPENDING ITEMS

CG.............................  Operating Expenses...................................  Project Seahawk, SC.................................        $1,088,000  The President
CG.............................  Acquisition, Construction, and Improvements..........  Shore and Operational Support projects, various loca-      $10,000,000  The President
                                                                                           tions.
FEMA...........................  State and Local Programs.............................  National Domestic Preparedness Consortium, CO, HI,         $51,500,000  The President
                                                                                         NV, TX, NM, LA.
FEMA...........................  State and Local Programs.............................  Center for Domestic Preparedness, AL................       $62,500,000  The President, Senator Richard
                                                                                                                                                                 Shelby
S&T............................  Research, Development, Acquisition, and Operations...  Naval Postgraduate School, CA.......................        $2,000,000  The President
S&T............................  Research, Development, Acquisition, and Operations...  Physical Science Facility, Pacific Northwest               $12,000,000  The President, Senator Patty
                                                                                         National Laboratory, WA.                                                Murray
S&T............................  Research, Development, Acquisition, and Operations...  Transportation Security Laboratory, NJ..............        $5,000,000  The President
NPPD...........................  Infrastructure Protection and Information Security...  National Infrastructure Simulation and Analysis            $16,000,000  The President
                                                                                         Center,  NM.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


  COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
                                                                        YEAR 2010
                                                                [In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Senate Committee recommendation
                                                                                                                            compared with (+ or -)
                             Item                                     2009         Budget estimate      Committee    -----------------------------------
                                                                  appropriation                      recommendation         2009
                                                                                                                        appropriation    Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------

                DEPARTMENT OF HOMELAND SECURITY

        TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management:
    Immediate Office of the Secretary.........................            3,140             5,061             5,061            +1,921   ................
    Immediate Office of the Deputy Secretary..................            1,400             1,810             1,810              +410   ................
    Chief of Staff............................................            2,693             2,595             2,595               -98   ................
    Office of Counternarcotics Enforcement....................            3,718             3,912             3,718   ................             -194
    Executive Secretary.......................................            7,448             8,344             8,344              +896   ................
    Office of Policy..........................................           43,263            61,564            51,564            +8,301           -10,000
    Office of Public Affairs..................................            5,991             6,539             5,991   ................             -548
    Office of Legislative Affairs.............................            4,997             7,097             6,797            +1,800              -300
    Office of Intergovernmental Affairs.......................  ................            2,800             2,600            +2,600              -200
    Office of General Counsel.................................           20,114            24,028            24,028            +3,914   ................
    Office of Civil Rights and Civil Liberties................           17,417            22,104            22,104            +4,687   ................
    Citizenship and Immigration Services Ombudsman............            6,471             6,935             6,685              +214              -250
    Privacy Officer...........................................            6,804             7,971             7,971            +1,167   ................
                                                               -----------------------------------------------------------------------------------------
      Total, Office of the Secretary and Executive Management.          123,456           160,760           149,268           +25,812           -11,492

Office of the Under Secretary for Management:
    Under Secretary for Management............................            2,654             2,864             2,864              +210   ................
        Emergency appropriations (Public Law 111-5)...........          200,000   ................  ................         -200,000   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Under Secretary for Management............          202,654             2,864             2,864          -199,790   ................

    Office of Security........................................           60,882            95,193            92,693           +31,811            -2,500
    Office of the Chief Procurement Officer...................           39,003            71,038            70,038           +31,035            -1,000

    Office of the Chief Human Capital Officer:
        Salaries and expenses.................................           28,827            34,404            33,604            +4,777              -800
        Human resources.......................................           10,000            10,000            10,000   ................  ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Office of the Chief Human Capital Officer.           38,827            44,404            43,604            +4,777              -800

    Office of the Chief Administrative Officer:
        Salaries and expenses.................................           44,427            43,491            43,491              -936   ................
        Nebraska Avenue Complex (NAC).........................            6,000             6,000             5,000            -1,000            -1,000
        DHS headquarters consolidation........................  ................           75,000            50,000           +50,000           -25,000
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Office of the Chief Administrative Officer           50,427           124,491            98,491           +48,064           -26,000
                                                               -----------------------------------------------------------------------------------------
          Total, Office of the Under Secretary for Management.          391,793           337,990           307,690           -84,103           -30,300
                                                               =========================================================================================
Office of the Chief Financial Officer.........................           55,235            65,530            63,530            +8,295            -2,000

Office of the Chief Information Officer:
    Salaries and expenses.....................................           86,928            86,912            86,912               -16   ................
    Information technology services...........................           44,945            51,417            51,417            +6,472   ................
    Security activities.......................................           92,623           152,403           152,403           +59,780   ................
    Homeland Secure Data Network (HSDN).......................           47,673            47,661            47,661               -12   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Office of the Chief Information Officer.......          272,169           338,393           338,393           +66,224   ................

Analysis and Operations.......................................          327,373           357,345           347,845           +20,472            -9,500
                                                               =========================================================================================
      Total, Departmental Operations..........................        1,170,026         1,260,018         1,206,726           +36,700           -53,292

Office of the Federal Coordinator for Gulf Coast Rebuilding...            1,900             2,000             2,000              +100   ................

                  Office of Inspector General

Office of Inspector General...................................           98,513           127,874           115,874           +17,361           -12,000
    Emergency appropriations (Public Law 111-5)...............            5,000   ................  ................           -5,000   ................
    Transfer from Disaster Relief.............................          (16,000)  ................          (16,000)  ................         (+16,000)
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Office of Inspector General (including                  119,513           127,874           131,874           +12,361            +4,000
       transfers).............................................
          Appropriations......................................          (98,513)         (127,874)         (115,874)         (+17,361)         (-12,000)
          Emergency appropriations............................           (5,000)  ................  ................          (-5,000)  ................
          by transfer.........................................          (16,000)  ................          (16,000)  ................         (+16,000)
                                                               =========================================================================================
      Total, title I, Departmental Management and Operations          1,291,439         1,389,892         1,340,600           +49,161           -49,292
       (including transfers)..................................
          Appropriations......................................       (1,070,439)       (1,389,892)       (1,324,600)        (+254,161)         (-65,292)
          Emergency appropriations............................         (205,000)  ................  ................        (-205,000)  ................
          by transfer.........................................          (16,000)  ................          (16,000)  ................         (+16,000)
                                                               =========================================================================================
      TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

              U.S. Customs and Border Protection

Salaries and expenses:
    Headquarters, Management, and Administration:
        Management and administration, border security                  646,608           522,825           695,294           +48,686          +172,469
         inspections and trade facilitation...................
        Management and administration, border security, and             622,550           497,675           723,919          +101,369          +226,244
         control between ports of entry.......................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Headquarters, Mgt & Admin.................        1,269,158         1,020,500         1,419,213          +150,055          +398,713

    Border security inspections and tradefacilitation:
        Inspections, trade, and travel facilitation at ports          2,093,988         2,255,210         2,269,078          +175,090           +13,868
         of entry.............................................
        Harbor maintenance fee collection (trust fund)........            3,154             3,226             3,226               +72   ................
        International cargo screening.........................          149,450           165,421           165,421           +15,971   ................
        Other international programs..........................           10,984            11,181            11,181              +197   ................
        Customs-Trade Partnership Against Terrorism (C-TPAT)..           64,496            62,612            62,612            -1,884   ................
        Trusted Traveler programs.............................           11,274            11,274            11,274   ................  ................
        Inspection and detection technology investments.......          145,944           143,563           163,563           +17,619           +20,000
            Emergency appropriations (Public Law 111-5).......          160,000   ................  ................         -160,000   ................
                                                               -----------------------------------------------------------------------------------------
              Subtotal........................................          305,944           143,563           163,563          -142,381           +20,000

        Automated targeting systems...........................           32,550            32,560            32,560               +10   ................
        National Targeting Center.............................           24,481            26,355            26,355            +1,874   ................
        Training..............................................           24,778            24,778            24,778   ................  ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Border security inspections and trade             2,721,099         2,736,180         2,770,048           +48,949           +33,868
           facilitation.......................................

    Border security and control between ports of entry:
        Border security and control...........................        3,426,455         3,505,008         3,525,008           +98,553           +20,000
        Training..............................................           74,815            51,751            51,751           -23,064   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Border security and control between ports         3,501,270         3,556,759         3,576,759           +75,489           +20,000
           of entry...........................................

    Air and Marine Operations.................................          271,679           309,629           309,629           +37,950   ................
                                                               =========================================================================================
      Subtotal, Salaries and expenses.........................        7,763,206         7,623,068         8,075,649          +312,443          +452,581
          Appropriations......................................       (7,600,052)       (7,619,842)       (8,072,423)        (+472,371)        (+452,581)
          Emergency appropriations............................         (160,000)  ................  ................        (-160,000)  ................
          Harbor maintenance trust fund.......................           (3,154)           (3,226)           (3,226)             (+72)  ................

Automation modernization:
    Automated commercial environment/International Trade Data           316,851           267,960           267,960           -48,891   ................
     System (ITDS)............................................
    Critical operations protection and processing support               194,483           194,485           194,485                +2   ................
     (COPPS)..................................................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Automation modernization......................          511,334           462,445           462,445           -48,889   ................

Border security fencing, infrastructure, and technology
 (BSFIT):
    Development and deployment................................          505,000           494,000           514,548            +9,548           +20,548
    Operation and maintenance.................................          150,000           200,000           200,000           +50,000   ................
    Program management........................................          120,000            85,452            85,452           -34,548   ................
    Emergency appropriations..................................          100,000   ................  ................         -100,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, BSFIT.........................................          875,000           779,452           800,000           -75,000           +20,548
          Appropriations......................................         (775,000)         (779,452)         (800,000)         (+25,000)         (+20,548)
          Emergency appropriations............................         (100,000)  ................  ................        (-100,000)  ................

Air and Marine Interdiction, Operations, Maintenance, and
 Procurement:
    Operations and maintenance................................          380,022           374,217           374,217            -5,805   ................
    Procurement...............................................          147,978           131,609           141,609            -6,369           +10,000
                                                               =========================================================================================
      Subtotal, Air and marine interdiction, operations,                528,000           505,826           515,826           -12,174           +10,000
       maintenance, and procurement...........................

Construction and Facilities management:
    Facility construction and sustainment.....................          403,201           239,357           279,057          -124,144           +39,700
    Rent......................................................  ................          402,263   ................  ................         -402,263
    Program oversight and management..........................  ................           37,013            37,013           +37,013   ................
    Emergency appropriations..................................          420,000   ................  ................         -420,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Construction and Facilities management........          823,201           678,633           316,070          -507,131          -362,563
                                                               =========================================================================================
      Total, Direct appropriations for U.S. Customs and Border       10,500,741        10,049,424        10,169,990          -330,751          +120,566
       Protection.............................................

Fee accounts:
    Immigration inspection user fee...........................         (570,059)         (584,000)         (584,000)         (+13,941)  ................
    Immigration enforcement fines.............................           (3,331)           (5,000)           (5,000)          (+1,669)  ................
    Land border inspection fee................................          (26,880)          (30,000)          (30,000)          (+3,120)  ................
    COBRA passenger inspection fee............................         (410,666)         (393,000)         (393,000)         (-17,666)  ................
    APHIS inspection fee......................................         (333,433)         (320,000)         (320,000)         (-13,433)  ................
    Puerto Rico collections...................................          (96,719)          (92,000)          (92,000)          (-4,719)  ................
    Small airport user fees...................................           (7,057)           (8,000)           (8,000)            (+943)  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, fee accounts..................................       (1,448,145)       (1,432,000)       (1,432,000)         (-16,145)  ................
                                                               =========================================================================================
      Total, U.S. Customs and Border Protection...............      (11,948,886)      (11,481,424)      (11,601,990)        (-346,896)        (+120,566)
          Appropriations......................................       (9,820,741)      (10,049,424)      (10,169,990)        (+349,249)        (+120,566)
          Emergency appropriations............................         (680,000)  ................  ................        (-680,000)  ................
          (Fee accounts)......................................       (1,448,145)       (1,432,000)       (1,432,000)         (-16,145)  ................
                                                               =========================================================================================
           U.S. Immigration and Customs Enforcement

Salaries and expenses:
    Headquarters Management and Administration (non-detention
     and removal operations):
        Personnel compensation and benefits, service, and               203,076           321,850           288,950           +85,874           -32,900
         other costs..........................................
        Headquarters managed IT investment....................          169,348           243,264           233,264           +63,916           -10,000
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Headquarters management and administration          372,424           565,114           522,214          +149,790           -42,900

    Legal proceedings.........................................          215,035           221,666           221,666            +6,631   ................

    Investigations:
        Domestic..............................................        1,519,208         1,615,551         1,666,551          +147,343           +51,000

        International investigations:
            International operations..........................          106,741           112,872           112,872            +6,131   ................
            Visa security program.............................           26,800            30,186            30,186            +3,386   ................
                                                               -----------------------------------------------------------------------------------------
              Subtotal, International investigations..........          133,541           143,058           143,058            +9,517   ................
                                                               -----------------------------------------------------------------------------------------
              Subtotal, Investigations........................        1,652,749         1,758,609         1,809,609          +156,860           +51,000

    Intelligence..............................................           55,789            67,842            71,842           +16,053            +4,000

    Detention and removal operations:
        Custody Operations....................................        1,721,268         1,771,168         1,771,168           +49,900   ................
        Fugitive operations...................................          226,477           229,682           229,682            +3,205   ................
        Criminal Alien program................................          189,069           192,539           192,539            +3,470   ................
        Alternatives to detention.............................           63,000            63,913            63,913              +913   ................
        Transportation and removal program....................          281,399           281,878           281,878              +479   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Detention and removal operations..........        2,481,213         2,539,180         2,539,180           +57,967   ................

    Comprehensive identification and removal of criminal
     aliens:
        Criminal aliens.......................................          150,000           195,589           195,589           +45,589   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Salaries and expenses.....................        4,927,210         5,348,000         5,360,100          +432,890           +12,100

Federal Protective Service:
    Basic security............................................          213,673   ................  ................         -213,673   ................
    Building specific security (including capital equipment             426,327   ................  ................         -426,327   ................
     replacement/acquisition).................................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Federal Protective Service....................          640,000   ................  ................         -640,000   ................

    Offsetting fee collections................................         -640,000   ................  ................         +640,000   ................

Automation modernization......................................           57,000           110,000            85,000           +28,000           -25,000
    Emergency appropriations (Public Law 111-5)...............           20,000   ................  ................          -20,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Automation modernization......................           77,000           110,000            85,000            +8,000           -25,000

Construction..................................................            5,000   ................  ................           -5,000   ................
                                                               =========================================================================================
      Total, Direct appropriations for U.S. Immigration               5,009,210         5,458,000         5,445,100          +435,890           -12,900
       Customs Enforcement....................................

Fee accounts:
    Immigration inspection user fee...........................         (119,000)         (109,800)         (109,800)          (-9,200)  ................
    Breached bond/detention fund..............................          (60,000)          (75,000)          (75,000)         (+15,000)  ................
    Student exchange and visitor fee..........................         (120,000)         (120,000)         (120,000)  ................  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, fee accounts..................................         (299,000)         (304,800)         (304,800)          (+5,800)  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, U.S. Immigration and Customs Enforcement             (5,948,210)       (5,762,800)       (5,749,900)        (-198,310)         (-12,900)
       (gross)................................................
          Offsetting fee collections..........................        (-640,000)  ................  ................        (+640,000)  ................
                                                               =========================================================================================
      Total, U.S. Immigration and Customs Enforcement.........       (5,308,210)       (5,762,800)       (5,749,900)        (+441,690)         (-12,900)
          Appropriations......................................       (4,989,210)       (5,458,000)       (5,445,100)        (+455,890)         (-12,900)
          Emergency appropriations............................          (20,000)  ................  ................         (-20,000)  ................
          Fee accounts........................................         (299,000)         (304,800)         (304,800)          (+5,800)  ................
                                                               =========================================================================================
            Transportation Security Administration

Aviation security:
    Screening operations:
        Screener workforce:
            Privatized screening..............................          151,272           149,643           149,643            -1,629   ................
            Screener personnel, compensation, and benefits....        2,716,014         2,788,575         2,758,575           +42,561           -30,000
                                                               -----------------------------------------------------------------------------------------
              Subtotal, Screener workforce....................        2,867,286         2,938,218         2,908,218           +40,932           -30,000

        Screener training and other...........................          197,318           203,463           203,463            +6,145   ................
        Checkpoint support....................................          250,000           128,739           128,739          -121,261   ................
        Emergency appropriations (Public Law 111-5)...........        1,000,000   ................  ................       -1,000,000   ................

        Explosives Detection Systems [EDS]/Explosive Trace
         Detection [ETD]:
            EDS procurement and installation..................          294,000           856,591           806,669          +512,669           -49,922
            Screening technology maintenance and utilities....          305,625           326,625           326,625           +21,000   ................
            Operation integration.............................           21,481            21,481            21,481   ................  ................
                                                               -----------------------------------------------------------------------------------------
              Subtotal, EDS/ETD Systems.......................          621,106         1,204,697         1,154,775          +533,669           -49,922
                                                               -----------------------------------------------------------------------------------------
              Subtotal, Screening operations..................        4,935,710         4,475,117         4,395,195          -540,515           -79,922

    Aviation security direction and enforcement:
        Aviation regulation and other enforcement.............          245,268           254,064           254,064            +8,796   ................
        Airport management and support........................          401,666           448,424           448,424           +46,758   ................
        FFDO and flight crew training.........................           25,025            25,127            25,127              +102   ................
        Air cargo.............................................          122,849           108,118           115,018            -7,831            +6,900
        Airport perimeter security............................            4,000   ................  ................           -4,000   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Aviation security direction and                     798,808           835,733           842,633           +43,825            +6,900
           enforcement........................................

    Implementing requirements of Public Law 110-53............           20,000   ................  ................          -20,000   ................

    Discretionary fee proposal:
        General aviation at DCA...............................              (75)             (100)             (100)             (+25)  ................
        Indirect air cargo....................................             (200)           (2,600)           (2,600)          (+2,400)  ................
        Certified cargo screening program.....................  ................           (5,200)           (5,200)          (+5,200)  ................
        Large aircraft security program.......................  ................           (1,600)           (1,600)          (+1,600)  ................
        Secure identification display area checks.............  ................          (10,000)          (10,000)         (+10,000)  ................
        Other security threat assessments.....................  ................             (100)             (100)            (+100)  ................
                                                               -----------------------------------------------------------------------------------------
          Total, Discretionary fee proposal...................             (275)          (19,600)          (19,600)         (+19,325)  ................

    Aviation security capital fund (mandatory)................         (250,000)         (250,000)         (250,000)  ................  ................
                                                               -----------------------------------------------------------------------------------------
        Total, Aviation security (gross) (including transfers)        5,754,518         5,310,850         5,237,828          -516,690           -73,022
        Offsetting fee collections (non-mandatory)............       -2,320,000        -2,100,000        -2,100,000          +220,000   ................
        Fee-funded programs (nonadd)..........................            (-275)         (-19,600)         (-19,600)         (-19,325)  ................
                                                               -----------------------------------------------------------------------------------------
        Total, Aviation security (net)........................        3,434,518         3,210,850         3,137,828          -296,690           -73,022
            Appropriations....................................       (2,434,518)       (3,210,850)       (3,137,828)        (+703,310)         (-73,022)
            Emergency appropriations..........................       (1,000,000)  ................  ................      (-1,000,000)  ................
            Aviation security capital fund....................         (250,000)         (250,000)         (250,000)  ................  ................

Surface transportation security:
    Staffing and operations...................................           24,885            42,293            42,293           +17,408   ................
    Surface transportation security inspectors and canines....           24,721            86,123           100,323           +75,602           +14,200
                                                               -----------------------------------------------------------------------------------------
        Subtotal, Surface transportation security.............           49,606           128,416           142,616           +93,010           +14,200

Transportation Threat Assessment and Credentialing:
    Secure Flight.............................................           82,211            84,363            84,363            +2,152   ................
    Crew and other vetting programs...........................           33,807           107,636            87,636           +53,829           -20,000
    Registered Traveler Program fees..........................          (10,000)  ................  ................         (-10,000)  ................
    Transportation Worker Identification Credential fee.......           (9,000)           (9,000)           (9,000)  ................  ................
    Hazardous materials fees..................................          (18,000)          (15,000)          (15,000)          (-3,000)  ................
    Alien Flight School fees (by transfer from DOJ)...........           (3,000)           (4,000)           (4,000)          (+1,000)  ................
    Certified cargo screening program.........................  ................  ................  ................  ................  ................
    Large aircraft security program...........................  ................  ................  ................  ................  ................
    Secure identification display area checks.................  ................  ................  ................  ................  ................
    Other security threat assessments.........................  ................  ................  ................  ................  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Transportation Threat Assessment and                   (156,018)         (219,999)         (199,999)         (+43,981)         (-20,000)
       Credentialing (Gross)..................................
        Fee funded programs...................................          (40,000)          (28,000)          (28,000)         (-12,000)  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Transportation Threat Assessment and                    116,018           191,999           171,999           +55,981           -20,000
       Credentialing (net)....................................

Transportation security support:
    Headquarters administration...............................          234,870           248,929           248,929           +14,059   ................
    Information technology....................................          472,799           501,110           496,110           +23,311            -5,000
    Human capital services....................................          218,105           226,338           226,338            +8,233   ................
    Intelligence..............................................           21,961            28,203            28,203            +6,242   ................
    Sensitive security information fees.......................  ................              (20)              (20)             (+20)  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Transportation security support...............          947,735         1,004,580           999,580           +51,845            -5,000

Federal Air Marshals:
    Management and administration.............................          725,081           762,569           762,569           +37,488   ................
    Travel and training.......................................           94,400            97,542            97,542            +3,142   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Federal Air Marshals..........................          819,481           860,111           860,111           +40,630   ................
                                                               =========================================================================================
      Total, Transportation Security Administration (gross)           7,977,358         7,773,956         7,690,134          -287,224           -83,822
       (including transfers)..................................
          Offsetting fee collections..........................      (-2,320,000)      (-2,100,000)      (-2,100,000)        (+220,000)  ................
          Aviation security capital fund......................         (250,000)         (250,000)         (250,000)  ................  ................
          Fee accounts........................................          (40,000)          (28,000)          (28,000)         (-12,000)  ................
                                                               -----------------------------------------------------------------------------------------
      Total, Transportation Security Administration (net).....        5,367,358         5,395,956         5,312,134           -55,224           -83,822
          Appropriations......................................       (4,367,358)       (5,395,956)       (5,312,134)        (+944,776)         (-83,822)
          Emergency appropriations............................       (1,000,000)  ................  ................      (-1,000,000)  ................
                                                               =========================================================================================
                          Coast Guard

Operating expenses:
    Military pay and allowances...............................        3,061,663         3,244,861         3,255,955          +194,292           +11,094
    Civilian pay and benefits.................................          645,350           699,594           700,042           +54,692              +448
    Training and recruiting...................................          195,919           205,970           206,429           +10,510              +459
    Operating funds and unit level maintenance................        1,177,406         1,149,513         1,154,569           -22,837            +5,056
    Centrally managed accounts................................          262,294           353,071           354,874           +92,580            +1,803
    Intermediate and depot level maintenance..................          823,793           903,179           924,919          +101,126           +21,740
    Port and vessel security..................................           23,500   ................  ................          -23,500   ................
    Aviation mission hour gap.................................            5,000   ................  ................           -5,000   ................
    Defense function..........................................         (340,000)         (340,000)         (340,000)  ................  ................
    Overseas contingency operations...........................  ................  ................          241,503          +241,503          +241,503
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Operating expenses............................        6,194,925         6,556,188         6,838,291          +643,366          +282,103
          Appropriations......................................       (5,854,925)       (6,216,188)       (6,256,788)        (+401,863)         (+40,600)
          Overseas contingency operations.....................  ................  ................         (241,503)        (+241,503)        (+241,503)
          Defense function....................................         (340,000)         (340,000)         (340,000)  ................  ................

Environmental compliance and restoration......................           13,000            13,198            13,198              +198   ................
Reserve training..............................................          130,501           133,632           133,632            +3,131   ................

Acquisition, construction, and improvements:
    Vessels:
        Response boat medium..................................          108,000           103,000           123,000           +15,000           +20,000
        Inland river tender recapitalization..................            5,000   ................  ................           -5,000   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Vessels...................................          113,000           103,000           123,000           +10,000           +20,000

    Other equipment:
        Automatic identification system.......................            8,600   ................  ................           -8,600   ................
        Defense messaging system..............................            4,074   ................  ................           -4,074   ................
        National distress and response system modernization              73,000           117,000           117,000           +44,000   ................
         (Rescue 21)..........................................
        HF Recapitalization...................................            2,500             2,500             2,500   ................  ................
        Interagency Operation Centers (Command 21)............            1,000   ................           28,000           +27,000           +28,000
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Other equipment...........................           89,174           119,500           147,500           +58,326           +28,000

    Personnel compensation and benefits:
        Core acquisition costs................................              500               500               500   ................  ................
        Direct personnel cost.................................           92,330            99,500           104,700           +12,370            +5,200
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Personnel compensation & benefits.........           92,830           100,000           105,200           +12,370            +5,200

    Integrated deepwater systems:
        Aircraft:
            Unmanned aerial systems...........................            3,000   ................  ................           -3,000   ................
            Maritime Patrol Aircraft..........................           86,600           175,000           175,000           +88,400   ................
            HH-60 conversions/sustainmant.....................           52,700            45,900            45,900            -6,800   ................
            HC-130H conversions...............................           24,500            45,300            45,300           +20,800   ................
            HH-65 conversion/sustainment......................           64,500            38,000            38,000           -26,500   ................
            C-130J fleet introduction.........................           13,250             1,300             1,300           -11,950   ................
                                                               -----------------------------------------------------------------------------------------
              Subtotal, Aircraft..............................          244,550           305,500           305,500           +60,950   ................

        Surface ships:
            National Security Cutter..........................          353,700           281,480           389,480           +35,780          +108,000
            Offshore Patrol Cutter............................            3,003             9,800             9,800            +6,797   ................
            Fast Response Cutter..............................          115,300           243,000           243,000          +127,700   ................
            IDS small boats...................................            2,400             3,000             3,000              +600   ................
            Patrol Boat sustainment...........................           30,800            23,000            23,000            -7,800   ................
            Medium endurance cutter sustainment...............           35,500            31,100            31,100            -4,400   ................
            Polar Icebreaker sustainment......................           30,300   ................           27,300            -3,000           +27,300
            High endurance cutter sustainment.................  ................  ................            8,000            +8,000            +8,000
                                                               -----------------------------------------------------------------------------------------
              Subtotal, Surface ships.........................          571,003           591,380           734,680          +163,677          +143,300

        Technology obsolescence prevention....................            1,500             1,900             1,900              +400   ................
        C4ISR.................................................           88,100            35,000            35,000           -53,100   ................
        Logistics.............................................           37,700            37,700            37,700   ................  ................
        Systems engineering and management....................           33,141            35,000            35,000            +1,859   ................
        Government program management.........................           58,000            45,000            45,000           -13,000   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Integrated deepwater systems..............        1,033,994         1,051,480         1,194,780          +160,786          +143,300

    Shore facilities and aids to navigation...................           68,000            10,000            27,100           -40,900           +17,100
    Emergency appropriations (Public Law 111-5)...............           98,000   ................  ................          -98,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal................................................          166,000            10,000            27,100          -138,900           +17,100

    Coast Guard/DHS headquarters..............................           97,578   ................  ................          -97,578   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Acquisition, construction, and improvements...        1,592,576         1,383,980         1,597,580            +5,004          +213,600
          Appropriations......................................       (1,494,576)       (1,383,980)       (1,597,580)        (+103,004)        (+213,600)
          Emergency appropriations............................          (98,000)  ................  ................         (-98,000)  ................

Alteration of bridges.........................................           16,000   ................            4,000           -12,000            +4,000
    Emergency appropriations (Public Law 111-5)...............          142,000   ................  ................         -142,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal................................................          158,000   ................            4,000          -154,000            +4,000

Research, development, test, and evaluation...................           18,000            19,745            29,745           +11,745           +10,000
Health care fund contribution (permanent indefinite                     257,305           261,000           261,000            +3,695   ................
 discretionary)...............................................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Coast Guard discretionary.....................        8,364,307         8,367,743         8,877,446          +513,139          +509,703

Retired pay (mandatory).......................................        1,236,745         1,361,245         1,361,245          +124,500   ................
                                                               =========================================================================================
      Total, Coast Guard......................................        9,601,052         9,728,988        10,238,691          +637,639          +509,703
          Appropriations......................................       (9,361,052)       (9,728,988)       (9,997,188)        (+636,136)        (+268,200)
          Emergency appropriations............................         (240,000)  ................  ................        (-240,000)  ................
          Overseas contingency operations.....................  ................  ................         (241,503)        (+241,503)        (+241,503)

                 United States Secret Service

Salaries and expenses:
    Protection:
        Protection of persons and facilities..................          705,918           759,561           759,561           +53,643   ................
        Protective intelligence activities....................           59,761            67,824            67,824            +8,063   ................
        National special security events......................            1,000             1,000             1,000   ................  ................
        Presidential candidate nominee protection.............           41,082   ................  ................          -41,082   ................
        White House mail screening............................           33,701            25,315            22,415           -11,286            -2,900
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Protection................................          841,462           853,700           850,800            +9,338            -2,900

    Investigations:
        Domestic field operations.............................          241,772           260,892           260,892           +19,120   ................
        International field office administration, operations,           30,000            30,705            30,705              +705   ................
         and training.........................................
        Electronic crimes special agent program and electronic           51,836            56,541            56,541            +4,705   ................
         crimes task forces...................................
        Support for missing and exploited children............            8,366             8,366             8,366   ................  ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Investigations............................          331,974           356,504           356,504           +24,530   ................

    Administration:
        Headquarters, management, and administration..........          182,104           221,045           221,045           +38,941   ................

    Training:
        Rowley training center................................           53,189            54,360            54,360            +1,171   ................
    Emergency appropriations (Public Law 111-8)...............          100,000   ................  ................         -100,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Salaries and expenses.........................        1,508,729         1,485,609         1,482,709           -26,020            -2,900
          Appropriations......................................       (1,408,729)       (1,485,609)       (1,482,709)         (+73,980)          (-2,900)
          Emergency appropriations............................         (100,000)  ................  ................        (-100,000)  ................

Acquisition, construction, improvements, and related expenses             4,225             3,975             3,975              -250   ................
 (Rowley).....................................................
                                                               -----------------------------------------------------------------------------------------
      Total, United States Secret Service.....................        1,512,954         1,489,584         1,486,684           -26,270            -2,900
          Appropriations......................................       (1,412,954)       (1,489,584)       (1,486,684)         (+73,730)          (-2,900)
          Emergency appropriations............................         (100,000)  ................  ................        (-100,000)  ................
                                                               =========================================================================================
      Total, title II, Security, Enforcement, and                    31,991,315        32,121,952        32,652,599          +661,284          +530,647
       Investigations (including transfers)...................
              Appropriations..................................      (29,951,315)      (32,121,952)      (32,411,096)      (+2,459,781)        (+289,144)
              Emergency appropriations........................       (2,040,000)  ................  ................      (-2,040,000)  ................
              Contingent emergency (by transfer)..............  ................  ................  ................  ................  ................
              (Fee Accounts)..................................       (1,787,145)       (1,764,800)       (1,764,800)         (-22,345)  ................
                                                               =========================================================================================
  TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

         National Protection and Programs Directorate

Management and administration:
    Administrative activities.................................           41,850            34,682            34,682            -7,168   ................
    Risk management and analysis..............................            9,500             9,895             9,895              +395   ................
                                                               -----------------------------------------------------------------------------------------
      Total, Management and administration....................           51,350            44,577            44,577            -6,773   ................

Infrastructure Protection and Information Security:
    Infrastructure protection:
        Identification and analysis...........................           80,603            86,610            90,610           +10,007            +4,000
        Coordination and information sharing..................           62,367            50,582            59,582            -2,785            +9,000
        Mitigation programs...................................          170,830           196,111           196,111           +25,281   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Infrastructure protection.................          313,800           333,303           346,303           +32,503           +13,000
    National Cyber Security Division:
        U.S. Computer Emergency Response Team (US-CERT).......          254,924           333,629           331,629           +76,705            -2,000
        Strategic initiatives.................................           49,138            57,679            57,679            +8,541   ................
        Outreach and programs.................................            9,438             9,346             9,346               -92   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, National Cyber Security Division..........          313,500           400,654           398,654           +85,154            -2,000

    Office of Emergency Communications........................           38,300            44,060            44,060            +5,760   ................

    National Security/Emergency Preparedness
     Telecommunications:
        Priority telecommunications services..................           58,740            56,773            56,773            -1,967   ................
        Next generation networks..............................           50,250            50,250            25,000           -25,250           -25,250
        Programs to study and enhance telecommunications......           15,100            19,274            16,774            +1,674            -2,500
        Critical infrastructure protection programs...........           11,260            13,852            13,852            +2,592   ................
        National command and coordination capability..........            5,963   ................  ................           -5,963   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, National Security/Emergency Preparedness            141,313           140,149           112,399           -28,914           -27,750
           Telecommunications.................................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Infrastructure Protection and Information           806,913           918,166           901,416           +94,503           -16,750
           Security...........................................

U.S. Visitor and Immigrant Status Indicator Technology........          300,000           356,194           378,194           +78,194           +22,000

Federal Protective Service:
    Basic security............................................  ................          213,673           213,673          +213,673   ................
    Building-specific security................................  ................          426,327           426,327          +426,327   ................
    Reimbursable Security Fees (contract guard services)......  ................          475,000           475,000          +475,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Federal Protective Service....................  ................        1,115,000         1,115,000        +1,115,000   ................
        Offsetting collections................................  ................       -1,115,000        -1,115,000        -1,115,000   ................
                                                               =========================================================================================
      Total, National Protection and Programs Directorate.....        1,158,263         1,318,937         1,324,187          +165,924            +5,250
          Appropriations......................................       (1,158,263)       (2,433,937)       (2,439,187)      (+1,280,924)          (+5,250)
          Offsetting collections..............................  ................      (-1,115,000)      (-1,115,000)      (-1,115,000)  ................
                                                               -----------------------------------------------------------------------------------------
                   Office of Health Affairs

    BioWatch..................................................          111,606            94,513            89,513           -22,093            -5,000
    National biosurveillence integration system...............            8,000             8,000             8,000   ................  ................
    Rapidly deployable chemical detection system..............            2,600             2,600             2,600   ................  ................
    Planning and coordination.................................            5,775             2,476             4,476            -1,299            +2,000
    Salaries and expenses.....................................           29,210            30,411            30,411            +1,201   ................
                                                               -----------------------------------------------------------------------------------------
      Total, Office of Health Affairs.........................          157,191           138,000           135,000           -22,191            -3,000

              Federal Emergency Management Agency

Management and administration:
    Operating activities......................................          798,595           817,205           820,205           +21,610            +3,000
        (Defense function)....................................          (94,059)         (107,481)         (107,481)         (+13,422)  ................
    Urban search and rescue response system...................           32,500            28,000            32,500   ................           +4,500
    Office of National Capitol Region Coordination............            6,342             6,995             6,995              +653   ................
    Transfer from Disaster relief.............................         (105,600)          (50,000)          (50,000)         (-55,600)  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Management and administration (including                943,037           902,200           909,700           -33,337            +7,500
       transfers).............................................
          Appropriations......................................         (837,437)         (852,200)         (859,700)         (+22,263)          (+7,500)
              (Non-defense appropriations)....................         (743,378)         (744,719)         (752,219)          (+8,841)          (+7,500)
              (Defense appropriations)........................          (94,059)         (107,481)         (107,481)         (+13,422)  ................
          by transfer.........................................         (105,600)          (50,000)          (50,000)         (-55,600)  ................

State and local programs:
    State Homeland Security Grant Program.....................          890,000           890,000           890,000   ................  ................
        Operation Stonegarden.................................           60,000            60,000            60,000   ................  ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, State Homeland Security Grant Program.....          950,000           950,000           950,000   ................  ................

    Urban area security initiative............................          837,500           887,000           887,000           +49,500   ................
    Regional catastrophic preparedness grants.................           35,000            35,000            35,000   ................  ................
    Metropolitan Medical Response System......................           41,000            40,000            40,000            -1,000   ................
    Citizen Corps program.....................................           15,000            15,000            15,000   ................  ................
    Public transportation security assistance and railroad              400,000           250,000           356,000           -44,000          +106,000
     security assistance......................................
        Emergency appropriations (Public Law 111-5)...........          150,000   ................  ................         -150,000   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal............................................          550,000           250,000           356,000          -194,000          +106,000

    Port security grants......................................          400,000           250,000           350,000           -50,000          +100,000
        Emergency appropriations (Public Law 111-5)...........          150,000   ................  ................         -150,000   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal............................................          550,000           250,000           350,000          -200,000          +100,000

    Over-the-road bus security assistance.....................           12,000   ................  ................          -12,000   ................
    Trucking industry security grants.........................            8,000   ................  ................           -8,000   ................
    Buffer Zone Protection Program grants.....................           50,000            50,000            50,000   ................  ................
    Driver's License Security Grants Program..................  ................           50,000            50,000           +50,000   ................
    Commercial equipment direct assistance program............            8,000   ................  ................           -8,000   ................
    Interoperable emergency communications grant program......           50,000            50,000            50,000   ................  ................
    Emergency Operations Centers..............................           35,000   ................           20,000           -15,000           +20,000

    Firefighter assistance grants:
        Fire grants...........................................  ................          170,000   ................  ................         -170,000
        Staffing for Adequate Fire and Emergency Response Act   ................          420,000   ................  ................         -420,000
         grants...............................................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Firefighter assistance grants.............  ................          590,000   ................  ................         -590,000

    Emergency management performance grants...................  ................          315,000   ................  ................         -315,000

    National Programs:
        National Domestic Preparedness Consortium.............          102,000            51,500           102,000   ................          +50,500
        Center for Domestic Preparedness......................           57,000            62,500            62,500            +5,500   ................
        Noble Training Center.................................            5,500   ................  ................           -5,500   ................
        Counterterrorism and Cyber Crime Center...............            1,700   ................            1,700   ................           +1,700
        National exercise program.............................           40,000            42,000            40,000   ................           -2,000
        Technical assistance..................................           11,000            13,000            13,000            +2,000   ................
        Continuing training grants............................           31,000            23,000            27,000            -4,000            +4,000
        Evaluations and assessments...........................           16,000            18,000            18,000            +2,000   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, National Programs.........................          264,200           210,000           264,200   ................          +54,200

    Management and administration.............................  ................          175,000   ................  ................         -175,000
                                                               -----------------------------------------------------------------------------------------
      Subtotal, State and Local Programs......................        3,405,700         3,867,000         3,067,200          -338,500          -799,800
          Appropriations......................................       (3,105,700)       (3,867,000)       (3,067,200)         (-38,500)        (-799,800)
          Emergency appropriations............................         (300,000)  ................  ................        (-300,000)  ................

Firefighter assistance grants:
    Fire grants...............................................          565,000   ................          380,000          -185,000          +380,000

    Fire station construction:
        Emergency appropriations (Public Law 111-5)...........          210,000   ................  ................         -210,000   ................
    Staffing for Adequate Fire and Emergency Response Act               210,000   ................          420,000          +210,000          +420,000
     grants...................................................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Firefighter assistance grants.................          985,000   ................          800,000          -185,000          +800,000
          Appropriations......................................         (775,000)  ................         (800,000)         (+25,000)        (+800,000)
          Emergency appropriations............................         (210,000)  ................  ................        (-210,000)  ................

Emergency management performance grants.......................          315,000   ................          350,000           +35,000          +350,000
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Grants and training...........................        4,705,700         3,867,000         4,217,200          -488,500          +350,200
          Appropriations......................................       (4,195,700)       (3,867,000)       (4,217,200)         (+21,500)        (+350,200)
          Emergency appropriations............................         (510,000)  ................  ................        (-510,000)  ................

Radiological Emergency Preparedness Program...................             -505              -265              -265              +240   ................
United States Fire Administration.............................           44,979            45,588            45,588              +609   ................
Disaster relief...............................................        1,400,000         2,000,000         1,456,866           +56,866          -543,134
    (transfer to Management and Administration)...............        (-105,600)         (-50,000)         (-50,000)         (+55,600)  ................
    (transfer to Inspector General)...........................         (-16,000)  ................         (-16,000)  ................         (-16,000)
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Disaster Relief...............................        1,278,400         1,950,000         1,390,866          +112,466          -559,134

Disaster assistance direct loan program account:
    (Limitation on direct loans)..............................          (25,000)          (25,000)          (25,000)  ................  ................
    Direct loan subsidy.......................................              295               295               295   ................  ................
Flood map modernization fund..................................          220,000           220,000           220,000   ................  ................

National flood insurance fund:
    Salaries and expenses.....................................           49,418            52,149            52,149            +2,731   ................
    Flood plain management and mitigation.....................          107,181           107,320           107,320              +139   ................
    Offsetting fee collections................................         -156,599          -159,469          -159,469            -2,870   ................
National predisaster mitigation fund..........................           90,000           150,000           120,000           +30,000           -30,000
Emergency food and shelter....................................          200,000           100,000           175,000           -25,000           +75,000
    Emergency appropriations (Public Law 111-5)...............          100,000   ................  ................         -100,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Emergency food and shelter....................          300,000           100,000           175,000          -125,000           +75,000

Cerro Grande Fire Payments (rescission).......................           -9,000   ................  ................           +9,000   ................
                                                               -----------------------------------------------------------------------------------------
      Total, Federal Emergency Management Agency (including           7,572,906         7,234,818         7,078,384          -494,522          -156,434
       transfers).............................................
              Appropriations..................................       (6,987,906)       (7,234,818)       (7,094,384)        (+106,478)        (-140,434)
              Emergency appropriations........................         (610,000)  ................  ................        (-610,000)  ................
              Rescissions.....................................          (-9,000)  ................  ................          (+9,000)  ................
              by transfer.....................................         (105,600)          (50,000)          (50,000)         (-55,600)  ................
              transfer out....................................        (-121,600)         (-50,000)         (-66,000)         (+55,600)         (-16,000)
              (Limitation on direct loans)....................          (25,000)          (25,000)          (25,000)  ................  ................
                                                               =========================================================================================
      Total, title III, Protection, Preparedness, Response and        8,888,360         8,691,755         8,537,571          -350,789          -154,184
       Recovery Directorate...................................
              Appropriations..................................       (8,303,360)       (8,691,755)       (8,553,571)        (+250,211)        (-138,184)
              Emergency appropriations........................         (610,000)  ................  ................        (-610,000)  ................
              Rescissions.....................................          (-9,000)  ................  ................          (+9,000)  ................
              By transfer.....................................         (105,600)          (50,000)          (50,000)         (-55,600)  ................
              Transfer out....................................        (-121,600)         (-50,000)         (-66,000)         (+55,600)         (-16,000)
              (Limitation on direct loans)....................          (25,000)          (25,000)          (25,000)  ................  ................
                                                               =========================================================================================
  TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

      United States Citizenship and Immigration Services

Appropriations:
    Basic pilot program.......................................          100,000           112,000           118,500           +18,500            +6,500
    Benefit parole programs...................................              540   ................  ................             -540   ................
    Immigration integration programs..........................            1,200            10,000             1,200   ................           -8,800
    Driver's License Security Hub.............................  ................           25,000   ................  ................          -25,000
    Asylum and refugee services...............................  ................          206,000             5,000            +5,000          -201,000
    Data center consolidation.................................  ................           11,000            11,000           +11,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Appropriations................................          101,740           364,000           135,700           +33,960          -228,300

Adjudication services (fees):
    Pay and benefits..........................................         (780,076)  ................  ................        (-780,076)  ................
    District operations.......................................         (535,156)       (1,132,317)       (1,132,317)        (+597,161)  ................
    Service center operations.................................         (345,890)         (549,623)         (549,623)        (+203,733)  ................
    Asylum, refugee and international operations..............          (92,602)  ................  ................         (-92,602)  ................
    International operations..................................  ................          (64,587)          (64,587)         (+64,587)  ................
    Records operations........................................          (85,946)         (107,113)         (107,113)         (+21,167)  ................
    Business transformation...................................         (139,000)         (173,264)         (173,264)         (+34,264)  ................
        Digitization program (nonadd).........................          (28,000)          (29,000)          (29,000)          (+1,000)  ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Adjudication services.....................       (1,978,670)       (2,026,904)       (2,026,904)         (+48,234)  ................

Information and customer services (fees):
    Pay and benefits..........................................          (92,587)  ................  ................         (-92,587)  ................
    Information and customer service..........................  ................          (89,050)          (89,050)         (+89,050)  ................
    National Customer Service Centers.........................          (53,747)  ................  ................         (-53,747)  ................
    Information services......................................          (21,465)  ................  ................         (-21,465)  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Information and customer services.............         (167,799)          (89,050)          (89,050)         (-78,749)  ................

Administration (fees):
    Administration............................................  ................         (365,932)         (365,932)        (+365,932)  ................
    Pay and benefits..........................................          (88,746)  ................  ................         (-88,746)  ................
    Operating expenses........................................         (285,153)  ................  ................        (-285,153)  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Administration................................         (373,899)         (365,932)         (365,932)          (-7,967)  ................
Systematic Alien Verification for Entitlements [SAVE] (fees)..          (18,818)          (21,346)          (21,346)          (+2,528)  ................
                                                               =========================================================================================
      Total, United States Citizenship and Immigration               (2,640,926)       (2,867,232)       (2,638,932)          (-1,994)        (-228,300)
       Services...............................................
          Appropriations......................................         (101,740)         (364,000)         (135,700)         (+33,960)        (-228,300)
          Total Fees..........................................       (2,539,186)       (2,503,232)       (2,503,232)         (-35,954)  ................
              (Immigration Examination Fees)..................       (2,495,186)       (2,451,884)       (2,451,884)         (-43,302)  ................
              (Fraud prevention and detection fees)...........          (31,000)          (38,348)          (38,348)          (+7,348)  ................
              (H1B Non-Immigrant Petitioner fees).............          (13,000)          (13,000)          (13,000)  ................  ................
                                                               =========================================================================================
            Federal Law Enforcement Training Center

Salaries and expenses:
    Law enforcement training..................................          245,240           244,047           243,047            -2,193            -1,000
    Accreditation.............................................            1,290             1,309             1,309               +19   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Salaries and expenses.........................          246,530           245,356           244,356            -2,174            -1,000

Acquisitions, construction, improvements, and related
 expenses:
    Direct appropriation......................................           86,456            43,456            43,456           -43,000   ................
                                                               -----------------------------------------------------------------------------------------
      Total, Federal Law Enforcement Training Center..........          332,986           288,812           287,812           -45,174            -1,000

                    Science and Technology

Management and administration.................................          132,100           142,200           143,200           +11,100            +1,000

Research, development, acquisition, and operations:
    Border and maritime security..............................           33,050            40,181            40,181            +7,131   ................
    Chemical and biological...................................          200,408           206,800           206,800            +6,392   ................
    Command, control, and interoperability....................           74,890            80,264            83,264            +8,374            +3,000
    Explosives................................................           96,149           120,809           120,809           +24,660   ................
    Human factors.............................................           12,460            15,087            12,460   ................           -2,627
    Infrastructure and geophysical............................           75,816            44,742            67,607            -8,209           +22,865
    Innovation................................................           33,000            44,000            44,000           +11,000   ................
    Laboratory facilities.....................................          161,940           154,500           154,500            -7,440   ................
    Test and evaluations/standards............................           28,674            28,674            28,674   ................  ................
    Transition................................................           28,830            45,134            45,134           +16,304   ................
    University programs.......................................           50,270            46,000            48,300            -1,970            +2,300
    Homeland Security Institute...............................            5,000   ................  ................           -5,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Research, development, acquisition, and                 800,487           826,191           851,729           +51,242           +25,538
       operations.............................................
                                                               =========================================================================================
      Total, Science and Technology...........................          932,587           968,391           994,929           +62,342           +26,538
                                                               =========================================================================================
               Domestic Nuclear Detection Office

Management and administration.................................           37,500            39,599            37,500   ................           -2,099

Research, development, and operations:
    Systems engineering and architecture......................           25,147            25,448            25,448              +301   ................
    Systems development.......................................          108,100           100,000           100,000            -8,100   ................
    Transformational research and development.................          103,300           110,537           110,537            +7,237   ................
    Assessments...............................................           32,000            32,416            32,416              +416   ................
    Operations support........................................           37,753            38,436            38,436              +683   ................
    National Technical Nuclear Forensics Center...............           16,900            19,700            19,700            +2,800   ................
                                                               -----------------------------------------------------------------------------------------
      Research, development, and operations...................          323,200           326,537           326,537            +3,337   ................

Systems acquisition:
    Radiation Portal Monitor/Advanced Spectroscopic Portal              120,491   ................  ................         -120,491   ................
     program..................................................
    Securing the Cities.......................................           20,000   ................           10,000           -10,000           +10,000
    Human Portal Radiation Detection System program...........           13,000   ................  ................          -13,000   ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Systems acquisition...........................          153,491   ................           10,000          -143,491           +10,000
                                                               -----------------------------------------------------------------------------------------
      Total, Domestic Nuclear Detection Office................          514,191           366,136           374,037          -140,154            +7,901
                                                               =========================================================================================
      Total, title IV, Research and Development, Training, and        1,881,504         1,987,339         1,792,478           -89,026          -194,861
       Services...............................................
          (Fee Accounts)......................................       (2,539,186)       (2,503,232)       (2,503,232)         (-35,954)  ................
                                                               =========================================================================================
                  TITLE V--GENERAL PROVISIONS

Enacted provisions:...........................................
    Sec. 547: REAL ID Grants..................................           50,000   ................  ................          -50,000   ................
    Sec. 547: REAL ID Information Sharing and Verification               50,000   ................  ................          -50,000   ................
     System...................................................
    Sec. 549: Rescission, TSA undistributed carryover.........          -31,000   ................  ................          +31,000   ................
    Sec. 550: Rescission of unobligated balances, A&O.........          -21,373   ................           -5,000           +16,373            -5,000
    Sec. 551: Rescission of unobligated balances, Coast Guard           -20,000   ................  ................          +20,000   ................
     AC&I.....................................................
    Sec. 551: Rescission of unobligated balances, ICE           ................  ................           -7,000            -7,000            -7,000
     Construction.............................................
    Sec. 552: Rescission of unobligated balances, NPPD........  ................  ................           -8,000            -8,000            -8,000
    Sec. 553: Rescission of unobligated balances, S&T.........  ................  ................           -7,500            -7,500            -7,500
    Sec. 554: Rescission of unobligated balances, DNDO........  ................  ................           -8,000            -8,000            -8,000
                                                               =========================================================================================
      Total, title V, General Provisions......................           27,627   ................          -35,500           -63,127           -35,500
          Appropriations......................................         (100,000)  ................  ................        (-100,000)  ................
          Rescissions.........................................         (-72,373)  ................         (-35,500)         (+36,873)         (-35,500)
                                                               =========================================================================================
      Grand total.............................................       44,080,245        44,190,938        44,287,748          +207,503           +96,810
              Appropriations..................................      (41,306,618)      (44,190,938)      (44,081,745)      (+2,775,127)        (-109,193)
                  (Discretionary).............................      (40,069,873)      (42,829,693)      (42,720,500)      (+2,650,627)        (-109,193)
                  (Mandatory).................................       (1,236,745)       (1,361,245)       (1,361,245)        (+124,500)  ................
              Emergency appropriations........................       (2,855,000)  ................  ................      (-2,855,000)  ................
              Overseas deployment activities..................  ................  ................         (241,503)        (+241,503)        (+241,503)
              Rescissions.....................................         (-81,373)  ................         (-35,500)         (+45,873)         (-35,500)
              Fee funded programs.............................       (4,326,331)       (4,268,032)       (4,268,032)         (-58,299)  ................
              (Limitation on direct loans)....................          (25,000)          (25,000)          (25,000)  ................  ................
              (Transfer out)..................................        (-121,600)         (-50,000)         (-66,000)         (+55,600)         (-16,000)
              (By transfer--contingent emergency).............  ................  ................  ................  ................  ................
              (By transfer)...................................         (121,600)          (50,000)          (66,000)         (-55,600)         (+16,000)
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