43–030 PDF 

Calendar No. 830 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–396 

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

BILL, 2009 

JUNE 23, 2008.—Ordered to be printed 

Mr. BYRD, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

[To accompany S. 3181] 

The Committee on Appropriations reports the bill (S. 3181) making appropriations for the Department of Homeland Security for 

the fiscal year ending September 30, 2009, and for other purposes, 

reports favorably thereon and recommends that the bill do pass. 

Total obligational authority, fiscal year 2009 

Total of bill as reported to the Senate 123 ............ $41,313,745,000 

Amount of 2008 appropriations 4 ............................. 38,746,643,000 

Amount of 2009 budget estimate 235 ..................... 38,853,807,000 

Bill as recommended to Senate compared to— 

2008 appropriations .......................................... ∂2,567,102,000 

2009 budget estimate ........................................ ∂2,459,938,000 

1 Includes $31,800,000 in rescissions. 

2 Includes a permanent indefinite appropriation of $257,305,000 for the Coast 

Guard health care fund contribution. 3 Excludes $2,175,000,000 appropriated in the Department of Homeland Security 

Appropriations Act, 2004 (Public Law 108–90) for Biodefense Countermeasures that 

becomes available for obligation in fiscal year 2009. 4 Includes $2,710,000,000 in emergency appropriations for border security pursuant the Department of Homeland Security Appropriations Act, 2008 (Public Law 

110–161). Includes rescissions totaling $247,249,000 pursuant to Public Law 110– 

161. Excludes $2,900,000,000 in emergency appropriations for disaster relief pursuant to Public Law 110–116. Includes a permanent indefinite appropriation of 

$272,111,000 for the Coast Guard health care fund contribution. 5 Includes a $9,000,000 cancellation. 
(2) 

C O N T E N T S 

DEPARTMENT OF HOMELAND SECURITY 

Page 

Overview and Summary of the Bill ........................................................................ 4 

Title I: 

Departmental Management and Operations: 

Office of the Secretary and Executive Management .............................. 7 

Office of the Under Secretary for Management ...................................... 12 

Office of the Chief Financial Officer ........................................................ 16 

Office of the Chief Information Officer .................................................... 17 

Analysis and Operations ........................................................................... 19 

Office of the Federal Coordinator for Gulf Goast Rebuilding ................ 20 

Office of Inspector General ....................................................................... 21 

Title II: 

Security, Enforcement, and Investigations: 

U.S. Customs and Border Protection: 

Salaries and Expenses ....................................................................... 23 

Automation Modernization ................................................................ 32 

Border Security Fencing, Infrastructure, and Technology ............. 34 

Air and Marine Interdiction, Operations, Maintenance, and Procurement .......................................................................................... 36 

Construction ....................................................................................... 38 

U.S. Immigration and Customs Enforcement: 

Salaries and Expenses ....................................................................... 42 

Federal Protective Service ................................................................. 52 

Automation Modernization ................................................................ 54 

Construction ....................................................................................... 55 

Transportation Security Administration: 

Aviation Security ................................................................................ 56 

Surface Transportation Security ....................................................... 67 

Transportation Threat Assessment and Credentialing ................... 68 

Transportation Security Support ...................................................... 70 

Federal Air Marshals ......................................................................... 73 

Coast Guard: 

Operating Expenses ........................................................................... 75 

Environmental Compliance and Restoration ................................... 82 

Reserve Training ................................................................................ 83 

Acquisition, Construction, and Improvements ................................. 83 

Alteration of Bridges .......................................................................... 89 

Research, Development, Test, and Evaluation ................................ 90 

Retired Pay ......................................................................................... 90 

United States Secret Service: 

Salaries and Expenses ....................................................................... 91 

Acquisition, Construction, Improvements, and Related Expenses .............................................................................................. 94 

Title III: 

Protection, Preparedness, Response, and Recovery: 

National Protection and Programs Directorate: 

Management and Administration ..................................................... 95 

Infrastructure Protection and Information Security ....................... 95 

United States Visitor and Immigrant Status Indicator Technology ............................................................................................... 99 

Office of Health Affairs ............................................................................. 100 

Federal Emergency Management Agency: 

Management and Administration ..................................................... 102 
Page

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Title III—Continued 

Protection, Preparedness, Response, and Recovery—Continued 

Federal Emergency Management Agency—Continued 

State and Local Programs ................................................................. 108 

Firefighter Assistance Grants ........................................................... 117 

Emergency Management Performance Grants ................................ 118 

Radiological Emergency Preparedness Program ............................. 118 

United States Fire Administration ................................................... 118 

Disaster Relief .................................................................................... 119 

Disaster Readiness and Support ....................................................... 120 

Disaster Assistance Direct Loan Program Account ......................... 120 

Flood Map Modernization Fund ........................................................ 121 

National Flood Insurance Fund ........................................................ 121 

National Flood Mitigation Fund ....................................................... 122 

National Pre-Disaster Mitigation Fund ........................................... 122 

Emergency Food and Shelter ............................................................ 123 

Title IV: 

Research and Development, Training, and Services: 

United States Citizenship and Immigration Services ............................ 124 

Federal Law Enforcement Training Center: 

Salaries and Expenses ....................................................................... 127 

Acquisition, Construction, Improvements, and Related Expenses .................................................................................................... 129 

Science and Technology: 

Management and Administration ..................................................... 130 

Research, Development, Acquisition, and Operations .................... 130 

Domestic Nuclear Detection Office: 

Management and Administration ..................................................... 135 

Research, Development, and Operations ......................................... 135 

Systems Acquisition ........................................................................... 135 

Title V: General Provisions ..................................................................................... 137 

Program, Project, and Activity ............................................................................... 143 

Compliance With Paragraph 7, Rule XVI of the Standing Rules of the Senate .......................................................................................................................... 144 

Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules of the 

Senate ................................................................................................................... 145 

Compliance With Paragraph 12, Rule XXVI of the Standing Rules of the 

Senate ................................................................................................................... 145 

Disclosure of Congressionally Directed Spending Items ...................................... 148 

Comparative Statement of New Budget Authority ............................................... 151 
(4) 

OVERVIEW AND SUMMARY OF THE BILL 

Fiscal year 2009 234

request 

Fiscal year 2009 123

Committee recommendation 

Title I—Departmental Management and Operations ................................................. $1,185,492,000 $1,197,419,000 

Title II—Security, Enforcement, and Investigations .................................................. 28,786,378,000 29,640,921,000 

Title III—Protection, Preparedness, Response, and Recovery ................................... 7,020,634,000 8,540,240,000 

Title IV—Research and Development, Training, and Services .................................. 1,861,303,000 1,935,165,000 

Title V—General Provisions ........................................................................................ .............................. ..............................

Total, new budget (obligational authority) ................................................... 38,853,807,000 41,313,745,000 

1 Includes $31,800,000 in rescissions. 

2 Includes a permanent indefinite appropriation of $257,305,000 for the Coast Guard health care fund contribution. 

3 Excludes $2,175,000,000 appropriated in the Department of Homeland Security Appropriations Act, 2004 (Public Law 108–90) for Biodefense Countermeasures that becomes available for obligation in fiscal year 2009. 4 Includes a $9,000,000 cancellation. 

The Committee recommends total appropriations of 

$41,313,745,000 for the Department of Homeland Security (the Department) for fiscal year 2009, $2,459,938,000 more than the budget request. Of this amount, $40,077,000,000 is for discretionary 

programs. 

OVERVIEW

Since the establishment of the Department of Homeland Security, the administration has consistently requested inadequate 

funding to fulfill critical missions. The Nation cannot be secured on 

the cheap. The Committee, on a bipartisan basis, has increased 

funding above the request each year—for fiscal year 2004 by 

$1,400,000,000, for fiscal year 2005 by $832,000,000; for fiscal year 

2006 by $1,400,000,000; for fiscal year 2007 by $2,760,000,000; and 

for fiscal year 2008 by $3,300,000,000. 

For fiscal year 2009, the President, once again is seeking a flat 

budget, $38,853,807,000 compared to $38,746,643,000 for fiscal 

year 2008. And, once again, the Committee will take the initiative 

to provide increased resources to secure the homeland. 

While much has been accomplished since the attacks of 9/11, 

much remains to be done. According to the Department’s own estimates, only 31 percent of communities are prepared to face a major 

disaster, only 12 percent of fire departments have equipment to respond to an attack with chemical or biological weapons, only 40 

percent of first responders have enough radios to respond to a 

major disaster, only 6 percent of cargo containers are inspected, 

and little of the air cargo loaded onto passenger aircraft is searched 

for explosives. 

Well documented core Federal missions are insufficiently funded. 

Demands placed on the men and women of the Coast Guard have 

increased dramatically since 9/11, yet it struggles to carry out its 

missions with the same number of service personnel it had in 1975. 

U.S. Customs and Border Protection [CBP] estimates it needs near-
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ly 1,000 new officers to process passengers at our land border ports 

of entry, yet the budget request barely funds one-quarter of the additional requirement. Similarly, U.S. Immigration and Customs 

Enforcement, the Department’s largest investigative agency, lacks 

nearly 50 percent of its mission support staff, resulting in the diversion of special agents from investigative to administrative and 

support tasks. 

In July 2007 and again in February 2008, when the Director of 

National Intelligence released the latest official threat assessments, America was warned that the threat of potential attacks on 

our homeland is not diminishing. These assessments conclude that 

al Qaeda has regrouped in Pakistan and that terrorists continue to 

pose significant threats to the United States; that terrorists continue to focus on prominent infrastructure targets with the goal of 

producing mass casualties and significant economic damage. In addition, the Department continues to officially state that the aviation sector is at a high risk of attack. But the alarming information 

contained in these threat assessments was not enough motivation 

for the administration to increase the fiscal year 2009 budget request. 

The President’s border security budget proposal does not address 

the significant obstacles our Nation must overcome if we are to 

fully secure our borders. In particular, there are gaps in the President’s request for removing violent illegal aliens from the country 

after completion of their prison terms, the congressional reform for 

CBP officer retirement benefits is proposed for repeal, and funding 

requested is insufficient to enforce our immigration laws. 

The Committee is dismayed by the budget request for first-responder grants. The administration proposes a 48 percent cut in 

State and local first-responder grant funds. Hurricane Katrina 

proved that our communities are not prepared to respond to a catastrophic disaster. Dramatically cutting funds for our police, fire, 

and emergency medical personnel and for emergency planning is 

not a solution. Additionally, the Committee is disappointed to learn 

that funding Congress approved nearly a year ago for purchasing 

explosives detection systems for airline passenger baggage remains 

unspent, sitting in the Treasury. 

The Department must have sufficient resources to be able to anticipate, deter, and respond to future threats, not just the threats 

of the past, and be able to partner with State and local governments and the private sector to address all-hazards, not just terrorism. While the administration attempts to fashion a budget 

based on artificial top lines, the Committee bill matches resources 

with documented threats and shared goals. 

REFERENCES

This report refers to several public laws by short title as follows: 

Implementing Recommendations of the 9/11 Commission Act of 

2007, Public Law 110–53, is referenced as the 9/11 Act; Security 

and Accountability for Every Port Act of 2006, Public Law 109–347, 

is referenced as the SAFE Port Act; and Intelligence Reform and 

Terrorism Prevention Act of 2004, Public Law 108–458, is referenced as the Intelligence Reform Act. 
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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. 
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DEPARTMENT OF HOMELAND SECURITY 

TITLE I 

DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

Appropriations, 2008 ............................................................................. $97,353,000 

Budget estimate, 2009 ........................................................................... 127,229,000 

Committee recommendation ................................................................. 123,299,000 

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 and Intergovernmental Affairs; the Office of General Counsel; the Office of Civil Rights and 

Civil Liberties; the Citizenship and Immigration Services Ombudsman; and the Privacy Officer. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $123,299,000 for the Office of the 

Secretary and Executive Management, $25,946,000 above the fiscal 

year 2008 level and $3,930,000 below the request level. 

The specific levels recommended by the Committee as compared 

to the fiscal year 2008 and budget request levels are as follows: 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT 

[In thousands of dollars] 

Fiscal year 2008 

enacted

Fiscal year 2009 

budget request 

Committee 

recommendations 

Immediate Office of the Secretary ...................................................... 2,540 3,378 3,378 

Immediate Office of the Deputy Secretary .......................................... 1,122 1,505 1,505 

Chief of Staff ....................................................................................... 2,639 2,693 2,693 

Office of Counternarcotics Enforcement .............................................. 2,680 4,018 3,718 

Executive Secretary .............................................................................. 4,722 5,848 7,448 

Office of Policy ..................................................................................... 33,000 43,693 42,763 

Office of Public Affairs ........................................................................ 6,650 8,291 5,991 

Office of Legislative and Intergovernmental Affairs ........................... 4,900 5,697 4,997 

Office of General Counsel .................................................................... 13,500 20,914 20,114 

Office of Civil Rights and Civil Liberties ............................................ 14,200 17,917 17,417 

Citizenship and Immigration Services Ombudsman ........................... 5,900 6,471 6,471 

Privacy Officer ...................................................................................... 5,500 6,804 6,804 

Total, Office of the Secretary and Executive Management ... 97,353 127,229 123,299 
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IMMEDIATE OFFICE OF THE SECRETARY

The Committee provides $3,378,000 for the Immediate Office of 

the Secretary, an increase of $838,000 from the fiscal year 2008 

level and the same level as proposed in the budget. 

IMMEDIATE OFFICE OF THE DEPUTY SECRETARY

The Committee provides $1,505,000 for the Immediate Office of 

the Deputy Secretary, an increase of $383,000 from the fiscal year 

2008 level and the same level as proposed in the budget. 

CHIEF OF STAFF

The Committee provides $2,693,000 for the Chief of Staff, an increase of $54,000 from the fiscal year 2008 level and the same level 

as proposed in the budget. 

OFFICE OF COUNTERNARCOTICS ENFORCEMENT

The Committee recommends $3,718,000 for the Office of the 

Counternarcotics Enforcement, $1,038,000 above the fiscal year 

2008 level and $300,000 below the request level due to a gap between funded full-time equivalent [FTE] and on-board personnel. 

The Secretary is to submit a report to the Committee no later 

than 45 days after the date of enactment of this act, containing: (1) 

fiscal year 2008 counternarcotics enforcement achievements, including: (a) an analysis of efforts to track and sever connections between illegal drug trafficking and terrorism, (b) an update on the 

National Southwest Border Counternarcotics Strategy implementation with an overview of objectives and recommendations that have 

not been implemented to date, (c) a strategy to counter increased 

usage of submersibles and low flying aircraft to smuggle illegal 

drugs; and (2) Office performance goals for fiscal year 2009. 

EXECUTIVE SECRETARY

The Committee provides $7,448,000 for the Office of the Executive Secretary, an increase of $2,726,000 above the fiscal year 2008 

level and $1,600,000 above the level proposed in the budget. The 

recommended amount includes the transfer of the Secretary’s briefing staff from ‘‘Analysis and Operations’’ (Office of Operations Coordination). A total of $2,300,000, 14 FTE and four contract employees are transferred for this activity. This transfer was requested by the Deputy Under Secretary for Management on March 

17, 2008, to properly align program and personnel funding. The 

recommendation also includes a reduction of $700,000 due to a gap 

between funded FTE and on-board personnel. 

OFFICE OF POLICY

The Committee provides $42,763,000 for the Office of Policy, an 

increase of $9,763,000 above the fiscal year 2008 level and 

$930,000 below the level proposed in the budget. The Committee 

fully funds requested base adjustments totaling $7,600,000 for increasing costs related to rent, pay, and the Working Capital Fund. 

In addition, the recommendation provides $3,093,000 and nine FTE 

for programmatic increases related to screening coordination, inter-
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national affairs, strategic planning, policy development, and the 

Quadrennial Homeland Security Review [QHSR]. The Committee is 

concerned that almost the entire request of $1,500,000 for the 

QHSR is for contractor support even though many of the functions 

intended for contractors are inherently governmental. Contracting 

out the job of long-term planning and goal setting undermines the 

mission and purpose of this Department. Requiring agencies to 

work together to develop long-term goals was one of the intended 

benefits of the creation of the Department. Therefore, funds for 

contractor support shall only be used for administrative and clerical tasks in support of the QHSR. 

The recommended amount also reflects the transfer of the 

Counterterrorism Planning Division to ‘‘Analysis and Operations’’ 

(Office of Operations Coordination). A total of $730,000 and three 

FTE are transferred for this activity. This transfer was requested 

by the Deputy Under Secretary for Management on March 17, 

2008, to properly align program and personnel funding. 

The Committee bill increases the amount made available for the 

Secretary’s reception and representation expenses by $20,000. This 

increase is solely to enable the Office of Policy to host Visa Waiver 

Program negotiations in Washington, DC, which will save significant travel costs. Therefore, the recommendation includes a reduction of $200,000 to the travel budget. 

The Committee directs the Office of Policy to submit an expenditure plan no later than 60 days after the date of enactment of this 

act. The plan shall include funding for activities of the Office such 

as the QHSR, the Committee on Foreign Investment in the United 

States, and REAL ID. 

OFFICE OF PUBLIC AFFAIRS

The Committee provides $5,991,000 for the Office of Public Affairs, a decrease of $659,000 below the fiscal year 2008 level and 

$2,300,000 below the level proposed in the budget. The recommendation includes a decrease of $300,000 below the request 

due to a gap between funded FTE and on-board personnel and 

$2,000,000 below the request for the ‘‘Ready.gov’’ program. The 

Committee transfers this program to the Federal Emergency Management Agency [FEMA], which is better positioned to educate the 

public to prepare for and respond to potential emergencies. 

OFFICE OF LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS

The Committee provides $4,997,000 for the Office of Legislative 

and Intergovernmental Affairs, an increase of $97,000 above the 

fiscal year 2008 level and a decrease of $700,000 below the level 

proposed in the budget due to a gap between funded FTE and onboard personnel. 

OFFICE OF GENERAL COUNSEL

The Committee recommends $20,114,000 for the Office of General Counsel, $6,614,000 above the fiscal year 2008 level and 

$800,000 below the level proposed in the budget. The Committee 

fully funds requested base adjustments totaling $4,939,000 for increasing costs related to rent, pay, and the Working Capital Fund. 
10 

The recommendation includes $1,675,000 for additional personnel 

to meet the Department’s growing need for legal counsel across its 

many missions. This level is $800,000 below the request due to a 

gap between funded FTE and on-board personnel. The Committee 

encourages the Office of General Counsel to use section 505 authority, which provides that up to 50 percent of unobligated balances 

remaining at the end of fiscal year 2008 from appropriations made 

for salaries and expenses shall remain available through fiscal year 

2009 subject to reprogramming guidelines. 

OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES

The Committee provides $17,417,000 for the Office of Civil 

Rights and Civil Liberties, an increase of $3,217,000 above the fiscal year 2008 level and $500,000 below the level proposed in the 

budget. The Committee fully funds requested base adjustments totaling $3,009,000 for increasing costs related to rent, pay, and the 

Working Capital Fund. The recommendation includes $208,000 for 

additional personnel to meet increasing demands. This level is 

$500,000 below the request due to a large gap between funded FTE 

and on-board personnel. The Committee encourages the Office of 

Civil Rights and Civil Liberties to use section 505 authority, which 

provides that up to 50 percent of unobligated balances remaining 

at the end of fiscal year 2008 from appropriations made for salaries 

and expenses shall remain available through fiscal year 2009 subject to reprogramming guidelines. 

CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN

The Committee provides $6,471,000 for the Citizenship and Immigration Services Ombudsman, an increase of $571,000 above the 

fiscal year 2008 level and the same level as proposed in the budget. 

PRIVACY OFFICER

The Committee provides $6,804,000 for the Privacy Officer, an 

increase of $1,304,000 above the fiscal year 2008 level and the 

same level as proposed in the budget. The Privacy Officer shall 

brief the Committee within 60 days after the date of enactment of 

this act regarding the new authorities permitted by section 802 of 

the 9/11 Act and comment on the extent these authorities were exercised in fiscal year 2008. The briefing should also include an update on outstanding recommendations contained in the most recent 

annual privacy report submitted to Congress pursuant to section 

222 of Public Law 107–296. 

REORGANIZATION AUTHORITY

The Committee includes a general provision that precludes the 

Department from using funds in this act to carry out section 872 

of Public Law 107–296 during fiscal year 2009. 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 nine times. The Committee believes continuous reorganizations impede the ability of the 

Department to operate effectively and contributes to low morale. 
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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. 

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 2008 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. 

WORKING WITH HOMELAND SECURITY PARTNERS

The Secretary of Homeland Security and the Administrator of 

FEMA each have responsibilities in the ‘‘State and Local Programs’’ grant process. Distributing these needed resources to State 

and local partners should be a positive and cooperative effort. 

When it is not, resources are wasted and progress in security is 

hampered. Yet, each year the grant award distribution process has 

drawn the ire of awardees who assert the Department has not listened to their needs nor been transparent in its decisionmaking. 

Therefore, the Committee includes a provision in the bill which 

withholds $10,000,000 from the Office of the Secretary and Executive Management until the Secretary, in coordination with the Administrator of FEMA, certifies and reports to the Committees on 

Appropriations that the processes to incorporate stakeholder input 

for grant guidance development and award distribution have been: 

(1) developed to ensure transparency and increased information 

gathering about security needs for all-hazards; (2) formalized and 

made clear to stakeholders; and (3) formalized to ensure future use 

for each fiscal year. A provision in the bill withholding $10,000,000 

has also been included for FEMA ‘‘Management and Administration’’ and further direction regarding this process is included in 

title III of this report. 

RESOURCES DEVOTED TO NON-HOMELAND SECURITY MISSIONS AT THE

DEPARTMENT

The Committee discontinues the reporting requirement mandated in Senate Report 108–86 on resources devoted to non-homeland security missions. This information is detailed in the annual 

congressional justification accompanying the President’s budget. 

SMALL VESSEL SECURITY STRATEGY

The Department’s recently released strategy to enhance small 

vessel security refers to an ‘‘implementation plan to provide detailed direction to DHS agencies on how to achieve the major goals 
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outlined in this strategy.’’ The appropriate Departmental officials 

shall brief the Committee no later than March 3, 2009, on specific 

actions taken or planned (including resources) to carry out the objectives of the plan. The briefing shall also address progress made 

and resources necessary to develop reliable technology to detect 

and prevent small vessels from carrying out a terrorist attack. 

ENERGY FUNDING SHORTFALL

The Committee notes that due to rising fuel prices many departmental components are absorbing significant costs, impacting border and maritime security and other law enforcement activities. 

The appropriate departmental officials shall brief the Committee 

by July 25, 2008, on plans to address these shortfalls. 

PRESIDENTIAL TRANSITION

The fiscal year 2007 Supplemental Appropriations Act (Public 

Law 110–28) included funds for DHS to award a grant or contract 

to the National Academy of Public Administration [NAPA] to study 

DHS’ senior staffing levels and structure to determine if the Department and its components will be able to function effectively 

when the change in administration occurs in 2009. The report was 

released to the public in June 2008. With regard to the Department’s executive staff, NAPA recommends that DHS: ensure that 

Senior Executive Service [SES] allocations consider the need for executives in the field; fill vacant SES positions quickly; fill all deputy positions, various FEMA positions, and other key positions 

with career executives; and work with Congress to consider converting certain ‘‘Presidential appointment with Senate confirmation’’ positions to statutory term appointments. NAPA makes several other recommendations for the Department related to the upcoming transition. The Committee supports these recommendations 

and expects the Secretary to comply with them. 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

Appropriations, 2008 1 ........................................................................... $150,238,000 

Budget estimate, 2009 ........................................................................... 320,093,000 

Committee recommendation ................................................................. 310,803,000 

1 Excludes a rescission of $5,000,000 pursuant to Public Law 110–161. 

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 RECOMMENDATIONS

The Committee recommends $310,803,000 for the Office of the 

Under Secretary for Management. 

The specific levels recommended by the Committee, as compared 

to the fiscal year 2008 and budget request levels, are as follows: 
13 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 

[In thousands of dollars] 

Fiscal year 2008 enacted 1Fiscal year 2009 

budget request 

Committee recommendations 

Immediate Office of the Under Secretary for Management ................ 2,012 2,654 2,654 

Office of Security ................................................................................. 53,490 60,882 60,882 

Office of the Chief Procurement Officer .............................................. 28,495 42,003 39,003 

Office of the Chief Human Capital Officer: 

Salaries and Expenses ................................................................ 8,811 31,827 30,537 

Human Resources ....................................................................... 10,000 15,000 10,000 

Office of the Chief Administrative Officer: 

Salaries and Expenses ................................................................ 41,430 41,727 41,727 

Nebraska Avenue Complex [NAC] ............................................... 6,000 6,000 6,000 

St. Elizabeths Project .................................................................. .......................... 120,000 120,000 

Total, Office of the Under Secretary for Management .......... 150,238 320,093 310,803 

1 Excludes a rescission of $5,000,000 pursuant to Public Law 110–161. 

IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

The Committee provides $2,654,000 for the Immediate Office of the Under Secretary, $642,000 above the fiscal year 2008 level and 

the same level as proposed in the budget. 

OFFICE OF SECURITY

The Committee provides $60,882,000 for the Office of Security, 

an increase of $7,392,000 above the fiscal year 2008 level and the 

same level as proposed in the budget. 

OFFICE OF THE CHIEF PROCUREMENT OFFICER

The Committee recommends $39,003,000 for the Office of the 

Chief Procurement Officer [OCPO], $10,508,000 above the fiscal 

year 2008 level and $3,000,000 below the request level. The Committee provided significant resources to hire an additional 66 procurement personnel in fiscal year 2008. As of March 31, 2008, the 

OCPO was 36 percent below its authorized on-board levels. Funding has been provided below the request due to a large gap between funded full-time equivalents [FTEs] and on-board personnel. 

The Committee encourages the OCPO to use section 505 authority 

of this act, which provides that up to 50 percent of unobligated balances remaining at the end of fiscal year 2008 from appropriations 

made for salaries and expenses shall remain available through fiscal year 2009 subject to reprogramming guidelines. 

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. When the 

Department was first established in 2003, relying on contractors to 

assist in the merger of multiple Government functions was expected. However, the Government Accountability Office [GAO] reported in 2007 (GAO–07–990), that the Department continues to 

rely heavily on contractors to fulfill its mission needs with little 
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emphasis on assessing the risk and ensuring management control 

and accountability. Data provided by the Department suggests this 

pattern continues. For departmental operations alone, the number 

of contractors exceeds the number of Federal employees (approximately 1,400 to 1,340). The Department has provided assurances 

that an optimum balance between requirements being performed 

by Federal employees and contractors will be reached. Yet, out of 

the 1,400 contractors in departmental management offices, none 

will be converted to FTEs in fiscal year 2008 and only 35 conversions are planned in fiscal year 2009. 

The Department’s reliance on contractors has also created a void 

of in-house programmatic experts and institutional knowledge that 

is critical to meet current and future challenges. The cost of a large 

contractor workforce also places a significant fiscal burden on departmental operations. In the Office of Intelligence, for example, a 

contractor costs 60 percent more than a Federal employee. Given 

its use of contractors to provide selected services, it is critical for 

DHS to strategically address workforce deployment and determine 

the appropriate role of contractors in meeting its mission. In reviewing four types of professional and management support services provided by contractors at DHS, GAO concluded that until the 

Department develops the staff and expertise needed to oversee selected services, it will continue to risk transferring Government responsibility to contractors. Now, in its sixth year of existence, the 

Department should aggressively: (1) establish strategic level guidance for determining the appropriate mix of Government and contractor employees to meet mission needs; (2) assess the risk of selected contractor services, and modify existing acquisition guidance 

and training to address when to use and how to oversee those services; (3) assess program office staff and expertise necessary to provide sufficient oversight of selected contractor services; and (4) establish an aggressive plan to convert contract functions to in-house 

functions where appropriate. The Department should also consider 

projected savings or costs of replacing contractor positions with 

full-time Government employees. The Under Secretary is to brief 

the Committee no later than March 30, 2009, on efforts to meet 

these objectives, including conversions achieved and projected by 

fiscal year. 

OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER

The Committee recommends $40,537,000 and 79 FTE for the Office of the Chief Human Capital Officer [OCHCO], $21,726,000 

above the fiscal year 2008 level and $6,290,000 below the request 

level. The recommendation includes a total of $18,806,000 to maintain current services, including the transfer of $17,131,000 from 

the Office of the Chief Information Officer for the Human Resources Information Technology program. The recommendation 

fully funds the request for an additional $5,500,000 and three FTE 

to implement the Department’s learning and development strategy. 

The recommendation maintains a total of $10,000,000 to address 

the poor results in the 2006 Federal Human Capital Survey and 

the 2007 internal DHS employee survey, $5,000,000 below the request. These funds shall be spent on programs that directly address the shortcomings identified in these surveys or in subsequent 
15 

surveys in which DHS employees participate. Such programs may 

include gap analysis of mission critical occupations, hiring and retention strategies, robust diversity programs, and Department-wide 

learning and development programs. The recommendation denies 

$1,290,000 and seven FTE for Federal law enforcement training accreditation within the OCHCO. Funding to support the accreditation process remains within the Federal Law Enforcement Training 

Center [FLETC] appropriation. 

A general provision is included 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 provides $167,727,000, an increase of 

$120,297,000 above the fiscal year 2008 level, and the same as the 

budget request. Funding above the fiscal year 2008 level is provided to: (1) meet administrative needs at DHS headquarters and 

non-legacy components; (2) to continue to consolidate and integrate 

its headquarters operations and specific program components at 

the Nebraska Avenue Complex in Washington, DC; and (3) begin 

consolidating DHS components at the St. Elizabeths campus. 

DHS CONSOLIDATED HEADQUARTERS PROJECT

The Committee recommends $120,000,000 for the DHS Consolidated Headquarters Project at the St. Elizabeths campus, as requested in the budget. The Committee supports the Department’s 

efforts to consolidate DHS headquarters facilities, which are currently located in approximately 40 locations and 70 buildings 

throughout the National Capital Region. The Committee directs the 

Department to provide periodic briefings on the consolidation 

project. The National Capital Planning Commission, which holds 

approval authority over the consolidation project, has raised concerns over the size of the project (4,500,000 square feet) and its impact on the sites’ historic significance. Further, concerns have been 

raised by the Environmental Protection Agency related to the Environmental Impact Statement for the project. The briefings shall address how these concerns are being resolved as well as any other 

adjustments being made to the schedule and cost of the project. 

NEBRASKA AVENUE COMPLEX

The Department is no longer required to submit semiannual reports detailing costs incurred in maintaining and improving the 

condition of these facilities. The content of these reporting requirements, which were modified by language contained in Senate Report 110–84, shall be delivered to the Committee in a briefing no 

later than 60 days after the date of enactment of this act. This 

briefing should also include an overview of the anticipated spend 

plan activity for the funds appropriated for this purpose. 
16 

OFFICE OF THE CHIEF FINANCIAL OFFICER

Appropriations, 2008 ............................................................................. $31,300,000 

Budget estimate, 2009 ........................................................................... 56,235,000 

Committee recommendation ................................................................. 56,235,000 

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 RECOMMENDATIONS

The Committee recommends $56,235,000 for the Office of the 

Chief Financial Officer [OCFO], an increase of $24,935,000 from 

the fiscal year 2008 level and the same level as proposed in the 

budget request. The recommendation includes funding for pay and 

non-pay inflation, adjustments to base, as well as program increases for Transformation and Systems Consolidation [TASC], fiscal oversight of DHS grant awards, and analysis and support for 

the Quadrennial Homeland Security Review. 

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. While the full request is provided, the Committee notes that a recent court decision has placed 

migration timing in doubt. The United States Court of Federal 

Claims prevented DHS from pursuing TASC ‘‘until DHS conducts 

a competitive procurement in accordance with the law to select financial management systems application software.’’ The OCFO still 

estimates that funding for fiscal year 2009 is necessary for component migrations, however dependable timelines will not be known 

until the competitive award is made. Therefore, the Committee will 

continue to monitor the need for TASC resources for fiscal year 

2009. The OCFO is to brief the Committee no later than September 

15, 2008, on its progress to establish a more reliable acquisition 

timeline. The Committee expects the OCFO to comply with the recommendations made by the DHS Inspector General in report OIG– 

08–47, which are intended to improve DHS’ strategy to consolidate 

the Department’s financial systems. 

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. Addition-
17 

ally, the OCFO shall ensure that the congressional justifications for 

the Department accompanying the President’s fiscal year 2010 

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 2009. 

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. 

MODIFICATION TO REPROGRAMMING GUIDELINES

Section 503(d) includes language making clear that reprogramming requests need only be submitted to the Committee prior to 

June 30 and not necessarily acted on by the Committee prior to 

June 30. 

OFFICE OF THE CHIEF INFORMATION OFFICER

Appropriations, 2008 ............................................................................. $295,200,000 

Budget estimate, 2009 ........................................................................... 247,369,000 

Committee recommendation ................................................................. 274,669,000 

The Office of the Chief Information Officer is responsible for the 

development and acquisition of information technology equipment, 

software, and services. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $274,669,000, of which $86,928,000 

is for salaries and expenses, and $187,741,000 is to be available 

until expended for Department-wide technology investments overseen by the Office of the Chief Information Officer [CIO]. 

The specific levels recommended by the Committee, as compared 

to the fiscal year 2008 and budget request levels, are as follows: 

OFFICE OF THE CHIEF INFORMATION OFFICER 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Salaries and Expenses ................................................................... 81,000 86,928 86,928 
18 

OFFICE OF THE CHIEF INFORMATION OFFICER—Continued 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Information Technology Services ................................................... 56,200 42,445 47,445 

Security Activities .......................................................................... 124,900 70,323 92,623 

Homeland Secure Data Network .................................................... 33,100 47,673 47,673 

Total, Office of the Chief Information Officer ................. 295,200 247,369 274,669 

SALARIES AND EXPENSES

Included in the amount recommended by the Committee is 

$86,928,000 as requested in the budget, to support the ongoing 

maintenance and operations of infrastructure capabilities to ensure 

continuous communication and continuity of operations. 

INFORMATION TECHNOLOGY SERVICES

The Committee recommends $47,445,000 for Information Technology Services, an increase of $5,000,000 above the request. The 

Committee continues to believe DHS should coordinate links between its component agencies and make information technology investments that align with the Department’s Enterprise Architecture. Pursuant to prior Committee direction and DHS Management 

Directive 0007.1, of the amount provided, $2,000,000 is for more efficient and robust administration of this activity. 

Within the National Protection and Programs Directorate account, the administration is requesting funds for a new information 

sharing initiative, the National Command and Coordination Capability [NCCC]. However, the administration has not been able to 

provide strategic planning documents to support NCCC, has not 

shown how or if end users have been consulted in establishing 

NCCC’s program requirements, nor defined its full operational capability. The Committee recommends $3,000,000 for CIO enterprise 

architecture oversight and development assistance for this effort. 

The Committee includes the transfer of the Human Resources Information Technology Program to the Office of the Chief Human 

Capital Officer, as requested in the budget. 

FEDERAL INFORMATION SECURITY AND MANAGEMENT ACT

The Committee congratulates the Chief Information Officer for 

leading the Department to a grade of ‘‘B’’ on the House Committee 

on Oversight and Government Reform computer security scorecard, 

up from a ‘‘D’’ in fiscal year 2006 and an ‘‘F’’ in the prior 3 years. 

This enhanced compliance with the Federal Information Security 

Management Act [FISMA] may be a marker of enhanced computer 

security at the Department, but as most computer security managers suggest, more than FISMA compliance is needed to help assure information security. The Committee directs the Department 

to report by April 1, 2009, on the specific status of the Department 

as a whole and each component individually on compliance with 

FISMA, resource requirements needed to achieve full compliance, 

and any further steps necessary to protect the information it manages. 
19 

SECURITY ACTIVITIES

The Committee recommends $92,623,000 for Security Activities, 

an increase of $22,300,000 above the budget request. Security Activities include Federal terrorist watch list integration, information 

security activities, and data center development. 

NATIONAL CENTER FOR CRITICAL INFORMATION PROCESSING AND

STORAGE

The Committee recommends $46,130,000 within Security Activities for data center development. This includes the budget request 

level (which includes operation and maintenance costs for the National Center for Critical Information Processing and Storage 

[NCCIPS] and the second data center) and an additional 

$22,300,000 solely to be used to support transition of Department 

systems to NCCIPS, to support the dual cost of operation and 

maintenance during the transition, and to develop a sharable common operating environment. NCCIPS is a federally owned and 

managed facility established to reduce Federal data center costs 

and to protect critical Federal information. 

The Committee also includes language in the bill withholding the 

availability of $200,000,000 for obligation until the Department of 

Homeland Security submits to the Committee the report on data 

center transition required by Senate Report 110–84, which is to include: (1) the schedule for data transition by Department component; (2) costs required to complete the transition by fiscal year; (3) 

identification of items associated with the transition required to be 

procured and the related procurement schedule; and (4) the identification of any transition costs provided in fiscal years 2007 and 

2008. The report submitted should separate these requirements 

and costs by data center and include fiscal year 2009 data. 

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 

$47,673,000, as requested in the budget, for the Homeland Secure 

Data Network. 

ANALYSIS AND OPERATIONS

Appropriations, 2008 1 ........................................................................... $306,000,000 

Budget estimate, 2009 ........................................................................... 333,262,000 

Committee recommendation 2 ............................................................... 320,200,000 

1 Excludes a rescission of $8,700,000 pursuant to Public Law 110–161. 

2 Excludes a rescission of $2,500,000. 

The account supports activities to improve the analysis and sharing of threat information, including activities of the Office of Intelligence and Analysis and the Office of Operations Coordination. 
20 

COMMITTEE RECOMMENDATIONS

The Committee recommends $320,200,000 for Analysis and Operations. This is an increase of $14,200,000 from the fiscal year 2008 

level and a decrease of $13,062,000 from the budget request. The 

details of these recommendations are included in a classified annex 

accompanying this report. 

DHS INTELLIGENCE EXPENDITURE PLAN

No later than 60 days after the date of enactment of this act, the 

Secretary shall submit a fiscal year 2009 expenditure plan for the 

Office of Intelligence and Analysis [I&A], including balances carried forward from prior years, that includes the following: (1) fiscal 

year 2009 expenditures and staffing allotted for each program, as 

identified in the March 2008 expenditure plan submitted to the 

Committee, as compared to each of years 2007 and 2008; (2) all 

funded versus on-board positions, including Federal full-time 

equivalents [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 2007 and 2008; 

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 DHSfunded 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, 2008 ............................................................................. $2,700,000 

Budget estimate, 2009 ........................................................................... 291,000 

Committee Recommendation ................................................................ 2,700,000 
21 

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 RECOMMENDATIONS

The Committee provides $2,700,000 for the Office of the Federal 

Coordinator for Gulf Coast Rebuilding. The Office is directed to 

provide a fiscal year 2009 expenditure plan no later than April 1, 

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. 

OFFICE OF INSPECTOR GENERAL

Appropriations, 2008 1 ........................................................................... $92,711,000 

Budget estimate, 2009 ........................................................................... 101,013,000 

Committee recommendation 2 ............................................................... 96,013,000 

1 Excludes $16,000,000 made available from FEMA Disaster Relief in Public Law 110–161. 

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 $96,013,000 for the Office of Inspector General [OIG] for fiscal year 2009. 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. 

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. 
(22) 

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 $11,201,994,000, 

including direct appropriations of $9,753,849,000 and estimated fee 

collections of $1,448,145,000. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

U.S. CUSTOMS AND BORDER PROTECTION—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2008 enacted 1Fiscal year 2009 

budget request 

Committee recommendations 

Appropriations: 

Salaries and Expenses .......................................................... 2 6,802,560 7,309,354 3 7,536,314 

Automation Modernization .................................................... 476,609 511,334 511,334 

Broder Security Fencing Infrastructure, and Technology 

[BSFIT] .............................................................................. 4 1,225,000 775,000 775,000 

Air and Marine Interdiction, Operations, Maintenance, and 

Procurement ...................................................................... 5 570,047 528,000 528,000 

Construction .......................................................................... 6 348,363 363,501 403,201 

Total, Appropriations ........................................................ 9,422,579 9,487,189 9,753,849 

Estimated fee collections: 

Immigration inspection user fees ......................................... 535,291 570,059 570,059 

Immigration enforcement fines ............................................ 3,440 3,331 3,331 

Land border inspection fees ................................................. 30,121 26,880 26,880 

COBRA fees ........................................................................... 392,180 410,666 410,666 

APHIS inspection fees ........................................................... 299,622 333,433 333,433 

Puerto Rico Trust Fund ......................................................... 117,214 96,719 96,719 
23 

U.S. CUSTOMS AND BORDER PROTECTION—FUNDING SUMMARY—Continued 

[In thousands of dollars] 

Fiscal year 2008 enacted 1Fiscal year 2009 

budget request 

Committee recommendations 

Small airport user fee .......................................................... 7,057 7,057 7,057 

Total, Estimated fee collections ....................................... 1,384,925 1,448,145 1,448,145 

Total, U.S. Customs and Border Protection, Available 

Funding ........................................................................ 10,807,504 10,935,334 11,201,994 

1 Includes $1,531,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 2 Includes $323,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public 

Law 110–161). 3 Excludes a rescission of $13,000,000. 

4 Includes $1,053,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 5 Includes $94,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 

110–161). 6 Includes $61,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 

SALARIES AND EXPENSES

Appropriations, 2008 1 ........................................................................... $6,802,560,000 

Budget estimate, 2009 ........................................................................... 7,309,354,000 

Committee recommendation 2 ............................................................... 7,536,314,000 

1 Includes $323,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 2 Excludes a rescission of $13,000,000. 

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 
24 

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 $7,536,314,000 for salaries and expenses of U.S. Customs and Border Protection [CBP] for fiscal year 

2009, including $3,154,000 from the Harbor Maintenance Trust 

Fund. Included in this amount is a decrease of $475,115,000 in termination of one-time costs and management efficiencies, and an increase of $251,977,000 in annualizations for the fiscal year 2007 

supplemental and fiscal year 2008 pay raise, the fiscal year 2009 

pay raise, and non-pay inflation program increases. 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 a rescission of $13,000,000 from unobligated balances 

under this heading in Public Law 110–161. 

INCREASED 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 7,000 new 

Border Patrol agents, and attendant support positions, will have 

been funded and hired through the end of fiscal year 2008. The 

President’s budget requests funds to hire and train an additional 

2,200 agents in fiscal year 2009. The Congress strongly supports 

the Border Patrol mission of securing our borders and fully funds 

the request. 

Included in the amount recommended by the Committee for ‘‘Border Security and Control’’ is a total of $3,440,505,000, 22,787 positions, and 21,466 full-time equivalents [FTE], as requested in the 

budget. This is an increase of $442,432,000, 2,643 positions, and 

1,321 FTE, and supports 2,200 new Border Patrol agents and 441 

operational/mission support personnel. These additional funds will 

bring the total strength of the Border Patrol to 20,019 agents by 

the end of fiscal year 2009, as compared with the 12,319 agents on 

board at the beginning of fiscal year 2007. 

Also included in the amount recommended by the Committee is 

$83,000,000, 10 positions, and nine FTE, as requested in the budg-
25 

et, for transportation and delivery of apprehended illegal aliens to 

detention facilities on the Mexican border. 

BORDER PATROL AGENTS ON THE NORTHERN BORDER

The Secretary of Homeland Security, Michael Chertoff, was widely quoted in early February, 2008, saying that one of his deepest 

fears is terrorists entering the United States from Canada. ‘‘It’s 

been much more than a dozen’’ people linked to al Qaeda, 

Hezbollah, and other extremists who have tried to enter the United 

States through the Northern border. ‘‘I think we’ve been more concerned about Canada as a platform than Mexico.’’ 

This is one of the many reasons why the Congress has required 

expansion of the Border Patrol’s presence on the Northern border. 

The Intelligence Reform Act authorized an increase of Border Patrol agents on the Northern border by 20 percent of the net increase of agents in fiscal year 2008. Unfortunately, the Border Patrol is not going to meet that target this year. But, the Committee 

notes that the Chief of the Border Patrol, working with the Northern Border Sector Chiefs, has developed a Northern border staffing 

plan. The Border Patrol has an approved staffing model for the 

Northern border which will increase the number of Border Patrol 

agents to 2,212 by the end of 2009. This represents a 700 percent 

increase in manpower from pre-2001 staffing levels and is incremental in nature which is ideal for continuity of operations. In 

order to meet this goal, the Border Patrol is proposing to transfer 

‘‘up to’’ 440 veteran agents from other parts of the country to the 

Northern border. 

The Committee is aware of the 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 obstacles and brief the Committee 

on its findings and requirements no later than 60 days after the 

date of enactment of this act. 

END OF OPERATION JUMP START

Two years ago, in an effort to start securing our border while 

thousands of new Border Patrol agents were being hired and 

trained, the President announced Operation Jump Start and committed the deployment of 6,000 National Guard personnel to the 

Southwest border. These men and women were intended to support 

existing Border Patrol agents by performing a variety of non-law 

enforcement and support tasks, thus freeing up the agents to actually patrol the border. This mission will end on July 15, 2008. Unfortunately, while new agents have been hired and trained in the 

interim, the necessary mission support personnel, which have been 

fully funded by the Congress, have not been hired. Once again, 

CBP has missed an opportunity to remedy a long-standing problem. 

As National Guard troops depart, Border Patrol agents again will 

be required to undertake support functions such as repairing physical infrastructure, manning cameras and ground sensors, and 
26 

other tasks. In response to questions for the record from the March 

4, 2008, hearing with Secretary Chertoff, he noted his dissatisfaction with the pace of support hiring to date and testified that plans 

were in place to hire ‘‘new support personnel.’’ In the strongest 

terms possible, the Committee directs CBP to hire the previously 

funded mission support personnel so that the Border Patrol agents 

can return to their proper role of securing the border. 

CONDUCT AND INTEGRITY OVERSIGHT

Over the last 3 years, CBP has hired over 10,400 new personnel, 

a 25 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 Committee recommends a total of $16,400,000, 90 positions, and 75 FTE, an increase of $5,300,000, 29 positions, and 15 FTE above the fiscal year 

2008 level, and $500,000, 3 positions, and 2 FTE above the request, 

to conduct these integrity investigations. 

PASSENGER SCREENING AT LAND PORTS OF ENTRY

The explosive growth of legitimate passenger travel across our 

land borders continues to place significant stress on the men and 

women who conduct these inspections. Based on internal CBP 

workforce staffing models, which use criteria such as passenger volume, processing times, facility constraints, number of lanes, threat 

and risk factors, and overtime, there is a requirement for nearly 

1,000 additional CBP Officers to conduct passenger processing activities at our land border ports of entry. Additional officers will 

provide an increased capability to identify and address potential 

threats such as the transportation of explosives, improvised explosive devices, or other harmful weapons. While the proposed increase represents only a fraction of the true need at our land ports 

of entry, it is at least a step in the right direction. The Committee 

recommends $554,372,000, 8,445 positions, and 8,328 FTE, an increase of $25,000,000, 234 positions, and 117 FTE above the fiscal 

year 2008 level, as requested in the budget. 

PASSENGER SCREENING AT AIRPORTS

As discussed above in regard to screening at the land ports of 

entry, there is a concomitant requirement for similar increases in 

officers to conduct passenger and cargo processing activities at the 

Nation’s international airports. In fact, the tremendous growth in 

international air travel in the years following the 9/11 attacks may 

require even greater increases. In the Department of Homeland Security Appropriations Act, 2008, Congress provided funds to hire an 

additional 200 CBP officers to be posted to the top 20 airports with 

the highest volume of foreign visitors. The Committee is convinced 

that growth in the U.S. economy depends in no small measure on 

international travel and encourages inclusion of funds in the fiscal 

year 2010 budget request for robust staffing increases at both land 

and air ports of entry. 
27 

AGRICULTURE SPECIALISTS

The Committee notes that CBP continues to make progress hiring Agricultural Specialists, but more work remains. In fiscal year 

2007, CBP hired 179 Agricultural Specialists and plans to hire an 

additional 137 more in fiscal year 2008. CBP is working in partnership with the U.S. Department of Agriculture [USDA] to determine 

the number of additional Agricultural Specialists needed. CBP expects this effort will contribute to a sounder basis for using the 

workforce staffing model to determine the optimal staffing levels 

for Agricultural Specialists at ports-of-entry. The Committee supports continuation of this effort. 

LAW ENFORCEMENT OFFICER RETIREMENT

The Committee recommends an additional $200,000,000 to fully 

fund the new law enforcement officer retirement program for CBP 

officers enacted into law in section 535 of Public Law 110–161. The 

President’s budget proposes instead to repeal this section. Contrary 

to this short-sighted decision, this new benefit will have a major 

positive impact on the ability of CBP to recruit and retain its highly trained, professional workforce. The brave men and women who 

daily protect our borders, processing passengers entering the 

United States, while facing all manner of potential threats, deserve 

nothing less. 

RADIATION PORTAL MONITOR STAFFING

Included in the amount recommended by the Committee is $42,532,000, 350 positions, and 192 FTE, for inspection and detection technology, an increase of $35,500,000, 295 positions, and 137 

FTE, as proposed in the budget, to expand the number of inspectors at ports to staff radiation portal monitors [RPMs]. Included in 

the total is $8,200,000 for operations and maintenance of RPMs. 

AIR AND MARINE STAFFING

Included in the amount recommended by the Committee is a total of $271,679,000, 1,801 positions, and 1,691 FTE. This represents an increase of $4,000,000, 24 positions, and 12 FTE, above 

the fiscal year 2008 level, as requested in the budget. Additionally, 

it is an increase of $17,400,000, 115 positions, and 58 FTE above 

the request, to fully staff the 11 new Marine Enforcement Units established in the Department of Homeland Security Appropriations 

Act, 2008 (Public Law 110–161). 

REPLACE OBSOLETE NON-INTRUSIVE INSPECTION IMAGING SYSTEMS

Well before the 9/11 terrorist attacks, Congress funded the purchase of both large and small scale non-intrusive inspection [NII] 

equipment for the U.S. Customs Service and now CBP. Knowing 

the importance of this equipment to CBP’s layered border enforcement strategy, it is puzzling that only now is CBP proposing to 

begin building into its base budget a program for replacing obsolete 

NII equipment. The Committee understands CBP possesses in excess of 3,100 small scale NII systems and the funds requested in 

the budget will replace 284—or less than 10 percent—of these systems which are over 10 years old and nearing the end of their life 
28 

cycle. The Committee recommends $10,000,000, as requested in the 

budget, and strongly encourages CBP to develop a fully funded, 

long-term replacement strategy for these small-scale systems. 

WESTERN HEMISPHERE TRAVEL INITIATIVE

Because of significant concerns about the Department’s rushing 

to implement the Western Hemisphere Travel Initiative [WHTI] 

without conducting proper testing and ensuring appropriate safeguards, as well as a perceived lack of adequate information being 

made available to United States, Canadian, and Mexican citizens, 

the Congress passed legislation on two occasions delaying full implementation of WHTI until certain specific conditions were met. It 

appears that these legislative limitations helped to focus the Department’s attention on implementing WHTI the right way, not 

just the fast way. 

WHTI is scheduled to become fully operational on June 1, 2009, 

assuming all of the previously enacted legislative conditions have 

been met. In order to ensure that progress continues to be made, 

the Committee recommends a total of $139,973,000, 294 positions, 

and 250 FTE, as requested in the budget. This is an increase above 

the fiscal year 2008 level of $106,900,000, 89 positions, and 45 

FTE. The Committee directs the Office of Policy to provide quarterly briefings on the status of WHTI implementation beginning no 

later than 30 days after the date of enactment of this act. 

AUTOMATED TARGETING SYSTEM—PASSENGER

The Automated Targeting System [ATS] is a web-based enforcement and decision support tool that is the cornerstone for all of 

CBP’s targeting efforts. ATS-Passenger [ATS–P] has been operational since 1999. ATS–P focuses on passengers and incorporates 

intelligence information and technologies to allow officers to focus 

their efforts on passengers that warrant further attention. The 

Committee recommends a total of $35,149,000, an increase of 

$5,000,000 above the fiscal year 2008 level, as requested in the 

budget, for improvements to ATS–P. The improvements requested 

in the budget will enhance services in the field, accommodate increased volume of passengers and vehicles, provide a simulation 

and testing environment to support passenger targeting improvements, and move toward a true 24/7 system. 

VEHICLE REPLACEMENT

The Committee is disappointed that the President’s budget request proposes to replace only 13.5 percent of the CBP fleet versus 

the action plan detailed in the April 30, 2007, CBP Vehicle Fleet 

Management Plan which recognized that CBP needs to institute a 

5-year replacement cycle and replace at least 20 percent of these 

vehicles annually. This is not just a management and funding 

issue. Given the extreme terrain in which agents and officers must 

operate, it is becoming an officer safety issue. The Committee directs the Department to include in the fiscal year 2010 budget submission sufficient funds as well as a plan to replace, at a minimum, 

20 percent of the vehicle fleet on an annual basis. 
29 

ENERGY FUNDING SHORTFALL

The Committee notes that due to current gasoline prices, CBP 

anticipates an energy funding shortfall in fiscal year 2009 of 

$25,100,000. The major impact of these costs will fall on the Border 

Patrol. This energy crisis is fast becoming a law enforcement and 

border security crisis. The Committee encourages the administration to submit a budget amendment to adequately fund Border Patrol energy costs in fiscal year 2009. CBP is directed to brief the 

Committee by July 25, 2008, on plans to address the projected 

shortfall. 

CBP INTELLIGENCE PROGRAM

The Committee recommends a total of $54,108,000, 202 positions, 

and 189 FTE for the intelligence program, as requested in the 

budget. This is an increase of $24,000,000, 27 positions, and 14 

FTE, over the fiscal year 2008 level. The requested increase in 

funds for CBP Intelligence will allow CBP to meet new analysis 

and reporting requirements. 

CBP REGULATORY PROGRAM

CBP attorneys within Regulations and Rulings have been responsible for developing important border security regulations since the 

creation of CBP. In addition to maintaining responsibility for the 

traditional customs commercial and trade regulations, CBP attorneys have developed a number of regulatory projects including the 

first Advance Passenger Information Systems regulations in 2002 

(and revised in 2005 and 2007), the Trade Act of 2002, Advance 

Cargo information regulations in 2003, and the Safe Port Act regulations to establish requirements for additional entry level data elements for cargo shipped to the United States. The Committee recommends a total of $5,719,000, 51 positions, and 45 FTE, an increase of $1,000,000, 12 positions and 6 FTE, as requested in the 

budget. The additional funds will enable CBP’s Regulatory Program to hire an additional seven attorneys, two economists, two 

paralegals, and one mission support person. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY (INCLUDING 10-PRINT)

The Committee has been 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 process 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 USVISIT 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 $62,800,000, as requested in the budget, 

for this activity. 
30 

TEXTILE TRANSSHIPMENT ENFORCEMENT

Included in the amount recommended by the Committee is $4,750,000 for textile transshipment enforcement, as authorized by 

section 352 of the Trade Act of 2002. The Trade Act of 2002 authorizes appropriations for the hiring of 72 positions between CBP and 

U.S. Immigration and Customs Enforcement, including import specialists, auditors, and analytic staff, and funding has been provided 

for these positions. 

ADVANCED TRAINING CENTER

Included in the amount recommended by the Committee is $15,606,390, as proposed in the budget, to operate and equip 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. 

CUSTOMS REVENUE STAFFING SHORTFALLS

In responding to the staffing ‘‘floors’’ for customs revenue functions contained in the Homeland Security Act of 2002, (Public Law 
31 

107–296), as well as the reporting requirement in section 403 of the 

SAFE Port Act, CBP has developed a Resource Optimization Model 

[ROM] to identify and track the current and optimal future staffing 

levels for employees involved in commercial trade operations. The 

ROM projects that to adequately staff the needs for priority trade 

functions, the optimal level of staff would be 10,625 in fiscal year 

2009. However, current staffing is at least 25 percent below the optimal level. CBP has identified the greatest risk for trade is 

through a lack of Fines, Penalties, and Forfeiture [FP&F] Specialists and International Trade Specialists. Additionally, there is a 

significant shortage of chemists. The ROM indicates an optimal 

level of staffing for all three positions would be 1,015 in fiscal year 

2009, yet approximately only 388 of those positions are currently 

on board. In order to enhance the staffing of these critical positions 

by 10 percent, the Committee recommends an additional 

$4,560,000, 58 positions, and 29 FTE. The Committee directs CBP 

to provide quarterly briefings on the progress in meeting this enhanced staffing level, by position, beginning no later than 60 days 

after the date of enactment of this act. Additionally, the Committee 

encourages CBP to include in its fiscal year 2010 budget submission a plan to address the significant shortfalls in all of these customs revenue positions. 

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. 

2010 OLYMPICS COORDINATION CENTER

The Committee notes that a CBP official has been designated the 

Federal Coordinator for planning of U.S. Government efforts to 

support the 2010 Olympics and Paralympic Winter Games. The 

May 8, 2008, report on the Olympics effort notes that the 2010 Coordination Center ‘‘will support Incident Command System Command, and general staff, composed of work group leadership and 

core representatives, liaison representatives, a communications capability, as well as a Joint Information and Intelligence Fusion 

Center.’’ The report states that the Center will be located at the 

CBP air and marine branch in Bellingham, Washington. The Committee recommends an additional $4,500,000 to support this effort. 

Of this amount, up to $500,000 may be used for security training 

and exercises in preparation for the Olympics. 

The Committee expects CBP to effectively manage security risks 

associated with these games. While the Committee provides funding for key security priorities associated with these Games, the Department has other responsibilities which will be impacted. For example, the Department should plan to have adequate staffing to 

mitigate the risks associated with an increase in traveler volume. 
32 

RESCISSION OF FUNDS

The Committee has included bill language rescinding 

$13,000,000 in funds appropriated to U.S. Customs and Border 

Protection, ‘‘Salaries and Expenses’’ in the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 

COMMITTEE RECOMMENDATIONS

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

U.S. CUSTOMS AND BORDER PROTECTION—SALARIES AND EXPENSES 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 

Committee 

recommendations 

Salaries and Expenses: 

Headquarters Management and Administration: 

Management and administration, border security inspections 

and trade facilitation .......................................................... 619,325 644,351 646,608 

Management and administration, border security and control 

between port of entry .......................................................... 602,016 622,300 622,550 

Subtotal, Headquarters Management and Administration ............................................................................. 1,221,341 1,266,651 1,269,158 

Border security inspections and trade facilitation at ports of 

entry: 

Inspections, trade and travel facilitation at ports of entry ... 1,854,235 1,834,793 2,041,846 

Harbor maintenance fee collections (trust fund) .................... 3,093 3,154 3,154 

International Cargo Screening ................................................. 156,130 149,450 149,450 

Other international programs .................................................. 10,866 10,984 10,984 

Customs Trade Partnership Against Terrorism ....................... 62,310 64,496 64,496 

Free and Secure Trade (FAST)/NEXUS/SENTRI ......................... 11,243 11,274 11,274 

Inspection and detection technology investments .................. 105,027 117,144 117,144 

Systems for targeting .............................................................. 27,580 32,550 32,550 

National Targeting Center ....................................................... 23,950 24,481 24,481 

Training .................................................................................... 24,813 24,778 24,778 

Subtotal, border security inspections and trade facilitation at ports of entry ...................................................... 2,279,247 2,273,104 2,480,157 

Border security and control between ports of entry: 

Border security and control between ports of entry ........................ 3,022,443 3,440,505 3,440,505 

Training ............................................................................................. 52,789 74,815 74,815 

Subtotal, border security and control between ports of entry .... 3,075,232 3,515,320 3,515,320 

Air and Marine operations, personnel compensation and benefits .......... 226,740 254,279 271,679 

Subtotal, Salaries and Expenses ................................................. 6,802,560 7,309,354 7,536,314 

Rescission .................................................................................................. ........................ ........................ ¥13,000 

Total, Salaries and Expenses ....................................................... 6,802,560 7,309,354 7,523,314 

1 Includes $323,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public 

Law 110–161). 

AUTOMATION MODERNIZATION

Appropriations, 2008 ............................................................................. $476,609,000 

Budget estimate, 2009 ........................................................................... 511,334,000 

Committee recommendation ................................................................. 511,334,000 
33 

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 $511,334,000, to be available until 

expended, as proposed in the budget, for automation modernization. 

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 

$216,851,000 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. 

CBP TRAVELER ENFORCEMENT AND COMPLIANCE SYSTEM

MODERNIZATION

The Committee was pleased to receive the CBP Traveler Enforcement and Compliance System [TECS] Modernization Program report on April 17, 2008, as called for in Senate Report 110–84. The 

report, and subsequent briefings, demonstrates the critical need for 

upgrading this important law enforcement tool. As TECS is a legacy Customs Service system, it is understandable that CBP has 

taken the lead in the modernization effort. However, U.S. Immigration and Customs Enforcement [ICE] is a major user of this system 

and must play a primary role in its development. Specific ICE reporting requirements are addressed in the ICE section of this report. The Committee directs CBP and ICE to brief jointly the Committee on a semiannual basis on the progress made in the modernization program beginning no later than 30 days after the date 

of enactment of this act. 

The Committee recommends a total of $50,000,000, one position, and one FTE, an increase of $25,000,000 above the fiscal year 2008 

level, as requested in the budget. 

TERRORISM PREVENTION SYSTEMS ENHANCEMENTS

To support the worldwide scope and mission that CBP has today, 

systems are being modernized and networks re-engineered to deliver a robust, fault tolerant, high assurance, high availability, and 

distributed architecture designed to minimize cost and downtime 

while providing flexibility and the ability to handle surge requirements and fail-over capabilities. These funds will sustain efforts 

begun in fiscal year 2008 to improve communications, power distribution, networking, and computer capability to support world-
34 

wide screening operations. The Committee recommends 

$10,000,000, as requested in the budget, for this activity. 

COMMITTEE RECOMMENDATIONS

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

AUTOMATION MODERNIZATION 

[In thousands of dollars] 

Fiscal year 2008 enacted Fiscal year 2009 

budget request 

Committee recommendations 

Automated Commercial Environment/International Trade Data 

System (ITDS) ............................................................................ 316,969 316,851 316,851 

Automated commercial system and legacy IT cost ...................... 159,640 194,483 194,483 

Total, Automation modernization ..................................... 476,609 511,334 511,334 

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

Appropriations, 2008 1 ........................................................................... $1,225,000,000 

Budget estimate, 2009 ........................................................................... 775,000,000 

Committee recommendation ................................................................. 775,000,000 

1 Includes $1,053,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 

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 RECOMMENDATIONS

The Committee continues to strongly support the Strategic Border Initiative [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 fully funding the President’s request for fiscal year 2009, 

when combined with the $1,225,000,000 appropriated to this account in fiscal year 2008, the Committee will have provided over 

$3,187,565,000 for border security fencing, infrastructure, and technology since fiscal year 2007. Additionally, the Committee again 

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 coastline. 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. 

As the Committee noted in its report last year, this is an extremely high risk program that requires the full attention of the 

leadership of the SBI Program Management Office [PMO], CBP, 

and the Department. The response to the Department’s conditional, 

and then full, acceptance of Project 28 (P–28) in the Tucson sector 

is a case in point. The P–28 contract was structured in a manner 

to limit the exposure of the taxpayer to what was intended to be 
35 

a proof of concept. In that sense, it succeeded. The contractor did 

not meet the initial requirements of the contract, had to use its 

own funds to meet those requirements, and then offered financial 

concessions to the Government because of these problems. However, P–28 was also marketed initially—both inside the Border Patrol, to the Congress, and the public at large—as the ‘‘solution’’ for 

the virtual fence. In that sense, it failed. The proposed timeline 

was overly aggressive, integration of the various technologies was 

much more difficult than expected, and the operating environment 

proved more harsh than anticipated. The Committee continues to 

support the program, but wants to see this done right—not just 

fast. Finally, the Committee is confused by opponents of either construction of physical fencing or success of the ‘‘virtual fence’’ solution. Those who are concerned that physical fencing will destroy 

the environment and animal habitats should embrace a ‘‘virtual 

fence’’ that works. 

The Committee expects that any vehicle requirements for the 

SBI PMO and other activities funded in this account will be met 

through the vehicles funded in CBP ‘‘Salaries and Expenses’’. 

The Committee recommends $775,000,000, 200 positions, and 

185 FTE, as requested in the budget, for this activity. 

EXPENDITURE PLAN

The Congress provided a total of $1,225,000,000 for this activity 

in the fiscal year 2008 law, but withheld from obligation 

$650,000,000 until the Committee received an expenditure plan 

from the SBI PMO which was reviewed by the Government Accountability Office. The Committee received that plan on March 31, 

2008. The plan did not meet certain specific requirements of the 

law and on May 6, 2008, the Committee approved the release of 

only $175,000,000, until additional details are provided. 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 2008 and budget request levels: 

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 

Committee 

recommendation 

Development and deployment ........................................................ 1,088,000 275,000 275,000 

Operations and maintenance ........................................................ 73,000 410,000 410,000 

Program management ................................................................... 64,000 90,000 90,000 

Total, Border Security Fencing, Infrastructure, and Technology ........................................................................... 1,225,000 775,000 775,000 

1 Includes $1,053,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public 

Law 110–161). 
36 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

Appropriations, 2008 1 ........................................................................... $570,047,000 

Budget estimate, 2009 ........................................................................... 528,000,000 

Committee recommendation ................................................................. 528,000,000 

1 Includes $94,000,000 in emergency appropriations pursuant to the Department of Homeland 

Security Appropriations Act, 2008 (Public Law 110–161). 

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 $528,000,000, to remain available 

until expended, for air and marine interdiction, operations, maintenance, and procurement. Included in this amount is $380,022,000 

for recurring maintenance, as proposed in the budget. 

The Committee strongly supports CBP’s efforts to recapitalize its 

air and marine assets. Since fiscal year 2005, the Congress has appropriated over $2,546,000,000 to this account. Chief among the 

needs 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. 

MULTI-ROLE ENFORCEMENT AIRCRAFT

Included in the amount recommended by the Committee is a 

total of $35,600,000, as requested in the budget, for procurement 

of two multi-role enforcement aircraft [MEAs]. This will bring AMO 

air and marine up to five MEAs, which is within 35 aircraft of its 

planned end-state. 

MARINE VESSELS

Included in the amount recommended by the Committee is a 

total of $10,100,000, as requested in the budget, for procurement 

of 18 new marine vessels. CBP AMO’s current planned end-state 

for marine vessels calls for the purchase of 40 Interceptors of all 

types, 140 riverine vessels, and 30 coastal enforcement craft. With 

these recommended funds, AMO will be within 163 vessels of 

reaching its planned end-state. 
37 

MEDIUM LIFT HELICOPTER CONVERSIONS

Included in the amount recommended by the Committee is 

$9,000,000, as requested in the budget, for the conversion of one 

medium lift helicopter [MLH] from an ‘‘A’’ to an ‘‘L’’ configuration. 

These conversions are necessary because deliveries of new MLHs 

will not begin until fiscal year 2010. 

C–550 INTERCEPTOR SENSOR UPGRADES

Included in the amount recommended by the Committee is 

$7,700,000, as requested in the budget, to upgrade the sensor package on one C–550 fixed-wing Interceptor. These funds will support 

the third of the planned 10 C–550 Interceptor sensor package upgrades. 

NORTHERN BORDER AIR BRANCHES

Included in the amount recommended by the Committee is $12,700,000, as requested in the budget, for operation and maintenance of the five Northern border air branches. The Committee is 

pleased that the fifth air branch, in Detroit, became operational 

this spring. The Committee encourages the Department to include 

in the fiscal year 2010 budget funding to expand the hours of operation at these air branches. 

P–3 SERVICE LIFE EXTENSION PROGRAM

Included in the amount recommended by the Committee is 

$56,000,000, as requested in the budget, for the ongoing service life 

extension program of the P–3 surveillance fleet. 

UNMANNED AERIAL SYSTEMS SUPPORT

Included in the amount recommended by the Committee is a 

total of $29,600,000, as requested in the budget, for operations and 

maintenance support, including spares and component repairs for 

unmanned aerial systems [UAS]. These funds will procure the seventh of the planned end-state of 18 UASs, enable the upgrade of 

the UAS software integration lab, and ensure that these systems 

will operate at the highest anticipated levels. 

COMMITTEE RECOMMENDATIONS

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 
38 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 

Committee 

recommendations 

Operations and maintenance ........................................................ 353,614 380,022 380,022 

Procurement ................................................................................... 216,433 147,978 147,978 

Total, Air and Marine Interdiction, Operations, Maintenance, and Procurement .............................................. 570,047 528,000 528,000 

1 Includes $94,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 

CONSTRUCTION

Appropriations, 2008 1 ........................................................................... $348,363,000 

Budget estimate, 2009 ........................................................................... 363,501,000 

Committee recommendation ................................................................. 403,201,000 

1 Includes $61,000,000 in emergency appropriations pursuant to the Department of Homeland 

Security Appropriations Act, 2008 (Public Law 110–161). 

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 $403,201,000 for construction activities of U.S. Customs and Border Protection [CBP], to be available 

until expended. 

CONSTRUCTION ASSOCIATED WITH NEW BORDER PATROL AGENTS

Included in the amount recommended by the Committee is a 

total of $255,286,000, an increase of $149,513,000, as proposed in 

the budget, for construction requirements associated with new Border Patrol agents. 

AIR AND MARINE FACILITIES

Included in the amount recommended by the Committee is 

$16,600,000, as proposed in the budget, for repair and renovation 

of air and marine facilities. 

AIR AND MARINE FACILITIES UPGRADES

The Committee is disappointed by the apparent lack of support 

for a continued commitment to upgrade the many outdated and illsized air and marine facilities. The Congress has added funds each 

year to expand air branches to the Northern border and marine 

units nationwide, recapitalize the aging fixed and rotary-wing air 

fleet, and hire more air and marine interdiction agents. However, 

the budget requests constantly fall short of meeting the increased 

needs to upgrade the existing facilities. The Committee notes that 

in its February 13, 2008, strategic plan, the administration identified a requirement of $65,000,000 for air and marine facilities funding in fiscal year 2009. The Committee encourages the Department 

to include additional funding for these facilities in the 2010 budget 

request. 
39 

ADVANCED TRAINING CENTER

The Committee provides $39,700,000 for Phase V of the Advanced Training Center [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, located in 

West Virginia, opened in September 2005. It provides advanced 

training to over 2,900 CBP law enforcement personnel, managers, 

and supervisors per year and will train approximately 5,000 per 

year by the end of 2009. 

BORDER FACILITIES CONSTRUCTION BACKLOG

Significant increases in trade and vehicle traffic, as well as the 

hiring of new inspection personnel, have placed strains on the 

many out-dated land border ports of entry. While the General Services Administration [GSA] owns and manages the majority of these 

ports, a number are CBP-owned. The total construction backlog for 

land border ports of entry and Federal inspection facilities stands 

at approximately $4,900,000,000, yet the total amount requested 

for port of entry construction in the President’s fiscal year 2009 

budget is a mere $85,000,000. The Committee notes that these 

ports are vital to the Nation’s economy as total international trade 

entering through these facilities is over $800,000,000,000, which 

represents nearly 6 percent of the U.S. gross domestic product. 

The Committee is aware that the increase in both commercial 

and passenger traffic is straining the capacity of existing facilities 

and infrastructure at ports of entry such as the Sault Ste. Marie 

International Bridge in Michigan and the Columbus and Santa Teresa ports of entry in New Mexico. The Committee encourages the 

administration to include funds in its 2010 request to address these 

requirements. 

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 ports of entry and to comply with 

the requirements of the Public Buildings Act of 1959 (40 U.S.C. 

3301) to seek necessary funding. 

The Committee has included bill language directing CBP, in consultation with GSA, to include with its annual budget submission, 

a detailed 5-year construction plan for land border ports of entry 

with a yearly update of total projected future funding needs. 

LAND PORTS OF ENTRY MODERNIZATION

Of the 163 total land border ports of entry, CBP owns 43. Many 

of these are small ports of entry, the construction of which dates 

back to the Great Depression. For instance, for 40 percent of these 

ports’ their useful life has expired, having been built before 1975 

with no significant repair or upgrade. Seventy percent of these 

ports have no enclosed operational secondary inspection garage, 

but instead operate in locations in which outdoor secondary inspections often cannot be performed due to extreme weather. Thirty 

percent of them have no commercial inspection facilities, requiring 

inspections to be performed on the roadway. This is a grave officer 

safety concern. 
40 

The budget proposes to begin a long-term land border port of 

entry modernization program. The Committee strongly supports 

this goal and recommends $10,000,000, as requested, to begin the 

renovation and alteration of CBP-owned land border inspection facilities. Additionally, the Committee directs CBP to submit a plan, 

by port of entry, detailing specific milestones of when work is 

planned and the type of work to be done. 

BORDER PATROL CONSTRUCTION

The Committee is aware that the Border Patrol is working with 

the GSA and the U.S. Army Corps of Engineers to plan and construct a new Beecher Falls Border Patrol Station within the Swanton Sector. The Committee encourages the Border Patrol to maintain the station strategically located in eastern Vermont, near the 

Canadian border, and close to the main highways that connect the 

United States and Canada. 

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 2008 and budget request levels: 

CONSTRUCTION 

[In thousands of dollars] 

Border Patrol Facilties by Sector Fiscal year 2008 

enacted Fiscal year 2009 budget request Committee recommendation 

MAJOR CONSTRUCTION 

Del Rio: Comstock, TX Station ............................................................. .......................... 25,000 25,000 

Detroit: Sandusky, OH Station ............................................................. .......................... 4,000 4,000

El Centro: 

Calexico, CA Station ................................................................... .......................... 34,000 34,000 

Indio, CA Station ......................................................................... .......................... 18,000 18,000 

Sector HQ Vehicle Maintenance Facility ..................................... .......................... 18,000 18,000 

El Paso: 

Fabens, TX Station ...................................................................... 4,000 .......................... ..........................

Las Cruces, NM Station .............................................................. 4,000 .......................... ..........................

Lordsburg, NM Station ................................................................ 5,000 .......................... ..........................

Expanded Checkpoints ................................................................ .......................... 1,513 1,513 

Vehicle Maintenance Facility ...................................................... 16,126 .......................... ..........................

Laredo: Freer, TX Station ..................................................................... 3,000 .......................... ..........................

Marfa: Presidio, TX Station .................................................................. .......................... 3,000 3,000 

San Diego: 

Blythe, CA Station ....................................................................... .......................... 28,900 28,900 

Boulevard, CA Station ................................................................. 4,000 31,000 31,000 

Tucson: 

SR 85, SR 90, I–19 Checkpoints ............................................... 20,000 .......................... ..........................

Ajo, AZ Station ............................................................................ 22,500 .......................... ..........................

Casa Grande, AZ Station ............................................................ .......................... 17,873 17,873 

Naco, AZ Station ......................................................................... .......................... 47,000 47,000 

Sonoita, AZ Station ..................................................................... .......................... 27,000 27,000

Yuma: Welton, AZ Station .................................................................... 22,000 .......................... ..........................

Subtotal, Border Patrol ........................................................... 100,626 255,286 255,286 

Air and Marine Facilities: 

Sierra Vista, AZ—Hangar and Flight Center ............................. 12,000 .......................... ..........................
41 

CONSTRUCTION—Continued 

[In thousands of dollars] 

Border Patrol Facilties by Sector Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendation 

Yuma, AZ—Hangar, Maintenance and Admin ........................... 14,000 4,000 4,000 

El Centro, CA—Hangar, Maintenance & Admin ........................ .......................... 2,100 2,100 

El Paso, TX—Consolidation of facilities .................................... .......................... 1,500 1,500 

Laredo, TX—Hangar, Maintenance & Admin ............................. 1,454 4,000 4,000 

Marfa, TX—Hangar, Maintenance & Admin .............................. 1,378 3,000 3,000 

Uvalde, TX—Hangar, Maintenance & Admin ............................. 1,168 2,000 2,000 

Subtotal, Air and Marine Facilities ........................................ 30,000 16,600 16,600 

Housing ................................................................................................ 25,000 15,000 15,000 

CBP Owned Land Ports of Entry .......................................................... .......................... 10,000 10,000 

Harpers Ferry, WV—Advanced Training Center .................................. 39,700 .......................... 39,700 

Rapid Response Projects ..................................................................... 69,400 .......................... ..........................

Operations and Maintenance ............................................................... 15,800 17,600 17,600 

Repairs and Alterations ....................................................................... 34,633 25,400 25,400 

Lease Acquisition ................................................................................. 21,204 21,600 21,600 

Planning ............................................................................................... 12,000 2,015 2,015 

Total, Construction ...................................................................... 348,363 363,501 403,201 

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 $5,928,210,000, 

including direct appropriations of $4,989,210,000, and estimated 

fee collections of $939,000,000. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 

Committee 

recommendations 

Appropriations: 

Salaries and expenses .......................................................... 2 4,687,517 4,690,904 4,932,210 

Automation modernization .................................................... 30,700 57,000 57,000 

Construction .......................................................................... 3 16,500 ............................ ............................

Total, Appropriations ........................................................ 4,734,717 4,747,904 4,989,210 

Estimated Fee Collections: 

Immigration inspection user fees ......................................... 113,500 119,000 119,000 

Student exchange visitor program fees ............................... 56,200 120,000 120,000 

Immigration breached bond/detention fund ......................... 63,800 60,000 60,000 

Federal Protective Service 4 .................................................. 613,000 616,000 640,000 

Total, Estimated fee collections .................................. 846,500 915,000 939,000 
42 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—FUNDING SUMMARY—Continued 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 

Committee 

recommendations 

Total, Available funding .............................................. 5,581,217 5,662,904 5,928,210 

1 Includes $526,900,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 2 Includes $516,400,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public 

Law 110–161). 3 Includes $10,500,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 4 Fully funded by offsetting collections paid by General Services Administration tenants and credited directly to this appropriation. 

SALARIES AND EXPENSES

Appropriations, 2008 1 ........................................................................... $4,687,517,000 

Budget estimate, 2009 ........................................................................... 4,690,904,000 

Committee recommendation ................................................................. 4,932,210,000 

1 Includes $516,400,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 

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 $4,932,210,000, for salaries and expenses of U.S. Immigration and Customs Enforcement [ICE] for fiscal year 2009. This includes decreases from the fiscal year 2008 

level of $214,784,000 for one-time costs and management efficiencies; increases from the fiscal year 2008 level of $64,001,000 for 

pay and other inflationary adjustments; and $47,671,000 in 

annualizations, 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 
43 

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. 

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 U.S. Customs and Border Protection [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 CBP and ICE 

staffing should be matched by commensurate growth in OPR. 

Therefore, the Committee recommends a total of $9,100,000, 51 positions, and 39 full-time equivalents [FTE] (agents and support positions), to conduct these integrity investigations. This is an increase of $2,000,000, 13 positions, and 20 FTE above the level proposed in the budget. 

HUMAN RESOURCE WORKFORCE

In order to address staffing shortages in the ICE Office of 

Human Capital and strengthen the Office’s ability to manage all 

personnel aspects of the ICE workforce, while continuing to process 

new authorized ICE positions to meet congressional objectives and 

special hiring authorities, the Committee recommends $930,000, an 

increase of $800,000, nine positions, and five FTE, as proposed in 

the budget. 

TRAINING CONSOLIDATION AND INTEGRATION

ICE recognizes it needs to consolidate all training coordination 

and oversight to promote solidarity among ICE programs. The 

Committee recommends $8,530,000, an increase of $1,800,000, 27 

positions, and 14 FTE, as proposed in the budget. 

CO-LOCATION OF ICE FACILITIES

The creation of ICE in 2003 merged components from two separate agencies into one. Five years later, staff remains widely dispersed in legacy facilities, an arrangement which hinders effective 

coordination and communication. More than 10,000 ICE employees 
44 

stationed in the largest 63 metropolitan areas are housed in 185 

different office buildings. With its rapid growth in personnel, pressure has been put on ICE facilities. In order to take advantage of 

expiring leases and other expansion and co-location opportunities, 

the Committee recommends $12,300,000, two positions, and one 

FTE, as proposed in the budget. 

ENERGY FUNDING SHORTFALL

The Committee notes that due to current gasoline prices, ICE 

has experienced an increase of over 24 percent in gasoline prices 

between fiscal years 2006–2008. This energy crisis is fast becoming 

a law enforcement and border security crisis. ICE is directed to 

brief the Committee by July 25, 2008, on plans to address the projected shortfall. 

INVESTIGATIONS—WORKSITE ENFORCEMENT

Worksite enforcement must remain a priority activity for ICE 

and the Department as a whole. In response to a question for the 

record from the March 4, 2008, hearing concerning ICE priorities, 

Secretary Chertoff responded, ‘‘Our immigration enforcement cannot begin and end at our borders and ports of entry. Effective immigration policing must also include robust interior law enforcement efforts to help ensure the safety and security of all Americans. You have my commitment that we will continue the progress 

made over the last 2 years not only in worksite enforcement and 

fugitive operations, but also in critical program areas to continue 

to keep our Nation safe and secure.’’ The Committee continues to 

be pleased that ICE has been aggressively conducting worksite enforcement actions and notes that in fiscal year 2007, ICE had 863 

criminal arrests and 4,077 administrative arrests, compared with 

25 criminal arrests and 485 administrative arrests in fiscal year 

2002. 

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 inward migration. Knowing that their workplaces will be targeted, and that they will be apprehended and removed, many will think twice before trying to enter this country illegally. 

In order to ensure that the focus continues to be placed on this 

priority activity, the Committee recommends an additional 

$34,300,000, 207 positions, and 108 FTE including 125 Special 

Agents above the levels proposed in the budget. Combined with the 

budget request, this will provide a total of $126,515,000 and 864 

positions for worksite enforcement to bring all possible legal authorities to bear upon unscrupulous employers. In addition, in Custody Management, the Committee recommends an additional 

$25,700,000 for 400 additional detention beds and associated positions and costs to support worksite operations. 

INVESTIGATIONS—NATIONAL SECURITY AND CRITICAL

INFRASTRUCTURE

As the Department’s primary investigative authority, ICE recognizes the need to increase its national security and critical infra-
45 

structure investigations at ports of entry and other sensitive facilities that attract terrorists, illegal aliens, and undocumented workers. The Committee recommends $11,800,000, 72 positions, and 36 

FTE, as proposed in the budget. This supports hiring 53 new Special Agents and 19 support personnel. These funds will support 12 

investigative program areas, such as Arms and Strategic Technology Investigations, Identity and Benefit Fraud, Financial Investigations, the Forensic Document Lab, Asset Forfeiture, and 

Human Smuggling and Trafficking. 

INVESTIGATIONS—CYBER CRIME

Many ICE investigations and prosecutions are largely dependent 

upon the ability of the Cyber Crime Center to process and analyze 

data obtained from seized electronic devices and digital media. Established in 1996, the Cyber Crime Center has become ICE’s high 

technology center with responsibility for developing, managing, and 

supporting Internet and cyber-related investigations in ICE Office 

of Investigation field offices and the Office of International Affairs 

attache ́ offices. These funds will provide staffing to increase investigations of cyber-related crimes involving identity and benefit 

fraud, child exploitation, and money laundering. The Committee 

recommends a total of $10,700,000, 45 positions, and 23 FTE, an 

increase of $5,000,000, 6 positions, and 3 FTE above the level proposed in the budget. The increase above the request shall be for expansion of Cyber Crime Center activities to the next highest priority locations. 

INVESTIGATIONS—COMMERCIAL FRAUD AND INTELLECTUAL PROPERTY

RIGHTS

The ICE Office of Investigations is required to identify, target, 

counter, and dismantle methods and vulnerabilities exploited by 

criminal organizations engaged in highly profitable trade crimes, 

such as trafficking counterfeit merchandise and pharmaceuticals. It 

also supports CBP and the Food and Drug Administration’s efforts 

to target, interdict, and investigate the importation of substandard, 

tainted, and counterfeit products being imported from China. The 

Committee recommends $4,600,000, 28 positions, and 14 FTE, as 

proposed in the budget. 

INVESTIGATIONS—OUTBOUND ENFORCEMENT

With the explosive growth of drug cartel-related violence on our 

Southwest border, ICE recognizes the need to stem the illegal procurement and export of sophisticated U.S. technology and weapons. 

The requested funds will provide for five Special Agents to increase 

investigations that support outbound enforcement activities as well 

as support State and local law enforcement by aggressively investigating all aspects of local criminal activities exploiting 

vulnerabilities at the Southwest border. The Committee recommends $1,000,000, five positions, and three FTE, as proposed in 

the budget. 
46 

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 Five-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 

$26,800,000, 61 positions, and 54 FTE for the Visa Security Program. Included in this amount is $6,800,000, 12 positions, and 6 

FTE above the fiscal year 2008 level and double the request in the 

budget, to provide for the deployment of 12 Special Agents to create 

four additional overseas Visa Security Units in high-risk locations 

such as Istanbul and Beirut. 

Additionally, the $5,000,000, eight positions, and seven FTE, 

above the requested level is in support of the Security Advisory 

Opinion Units which support the Visa Security Program by dedicating Special Agents to be co-located with Department of State 

and other security personnel to review visa applications submitted 

at overseas U.S. consulates which have been targeted for additional 

background screening. 

STATE AND LOCAL LAW ENFORCEMENT SUPPORT, SECTION 287(g)

AGREEMENTS

Included in the amount recommended by the Committee is $92,453,000, an increase of $12,000,000, 14 positions, and seven 

FTE, as proposed in the budget, for training to support implementation of the provisions of section 287(g) of the Immigration and 

Nationality Act to delegate authority to enforce limited immigration functions to State and local law enforcement officers. 

LAW ENFORCEMENT SUPPORT CENTER

Included in the amount recommended by the Committee is a total of $33,000,000, 307 positions, and 307 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 the large number of vacancies at the Law Enforcement Support Center. Given the increased level of immigration enforcement, 

combined with the recent launch of the Secure Communities program, it is imperative that these vacancies be filled as rapidly as 

possible. 

TEXTILE TRANSSHIPMENT ENFORCEMENT

Included in the amount recommended by the Committee is $4,750,000 for textile transshipment enforcement, as authorized by 

section 352 of the Trade Act of 2002. The Trade Act of 2002 authorizes appropriations for the hiring of 72 positions between CBP and 

ICE, including investigators. 

OFFICE OF INVESTIGATIONS—MISSION SUPPORT STAFFING

The Committee is aware that the Office of Investigations [OI], 

starting with the fiscal year 2009 budget request, applied a work-
47 

force model to all budgetary requests to insure that agents have 

the necessary mission support personnel to support agents in the 

field. Currently, OI has 6,270 authorized agent positions. Applying 

a workforce model to the 6,270 authorized agents, OI should have 

approximately 918 authorized mission support personnel positions. 

Unfortunately, OI has only 458 authorized mission support personnel positions, or 50 percent of the necessary total. Limited budget resources prevent the Committee from enhancing the level of 

mission support positions, but the Committee urges that additional 

funding be included in the fiscal year 2010 budget request to begin 

closing this gap in support staffing. 

ICE INTELLIGENCE

The Committee is pleased with the direction and energized focus 

ICE has placed on its intelligence program. The new Director has 

aggressively expanded its reach and its support of ICE’s multiple 

missions. While the Office of Intelligence has opened offices, known 

as Field Intelligence Groups [FIG], a number of the offices are 

below the optimal 50 percent staffing level for intelligence research 

specialists and program analysts. The Committee recommends an 

additional $2,833,000, 37 positions, and 19 FTE to bring all 26 

FIGs to at least the optimal 50 percent staffing level. 

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 2007, ICE removed 

a total of 277,182 illegal aliens compared with 177,646 in fiscal 

year 2005. This clearly demonstrates that the additional resources 

the Congress has provided above the President’s requests 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 2 fiscal years. 

This year the President proposes to add 1,000 new detention beds, 

bringing the total number of beds to 33,000. The Committee recommends a total of $1,721,268,000, $74,056,000, 86 positions, and 

269 FTE above the fiscal year 2008 enacted level, for Custody Operations, as proposed in the budget. Of this amount, $46,000,000, 

74 positions, and 39 FTE, are associated with the increased level 

of beds. 

Also included in the total amount recommended is an additional 

$25,700,000 for 400 additional detention beds and associated positions and costs to support worksite operations. Combined with the 

beds in the President’s request, the Committee funds a total of 

33,400 detention beds. 

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 
48 

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 $62,194,000, 193 positions, 

and 180 FTE, an increase of $4,000,000 above the amount requested in the budget, for the ATD program. 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. 

DETENTION AND REMOVAL—TRANSPORTATION AND REMOVAL

Included in the amount recommended by the Committee is 

$281,399,000, as proposed in the budget, for all ICE-related transportation and removal activities. 

DETENTION AND REMOVAL—FUGITIVE OPERATIONS

The National Fugitive Operations Program is responsible for reducing the fugitive alien population in the United States. ICE announced in June 2008 that it estimates that there are approximately 573,000 immigration fugitives in the United States, a decrease of nearly 60,000 since October 2006. ICE works to reduce 

the population of these fugitives from the law through the use of 

Fugitive Operations teams. Each team has a goal of 1,000 fugitive 

alien arrests annually. With the funds added for hiring 29 new 

teams in fiscal year 2008, combined with the funds requested for 

this year, all 104 Fugitive Operations teams are expected to be 

operational and conducting enforcement operations by the end of 

fiscal year 2009. Included in the amount recommended by the Committee is $226,477,000, 717 positions, and 760 FTE, an increase of 

$1,100,000, 9 positions, and 104 FTE above the fiscal year 2008 enacted level, as proposed in the budget. 

DETENTION AND REMOVAL—CRIMINAL ALIEN PROGRAM

Included in the amount recommended by the Committee is 

$189,069,000, 997 positions, and 981 FTE, an increase of 

$2,354,000, 9 positions, and 155 FTE above the fiscal year 2008 enacted level, as proposed in the budget. ICE is funded for 119 Criminal Alien Program teams and in fiscal year 2007 it charged approximately 164,296 aliens in jails and removed approximately 

95,000 criminal aliens. This exceeded the previous year’s level by 

140 percent. With the funds for this program, combined with the 

additional resources for the new initiative described below, the 

level of criminal alien removal should increase substantially. 

DETENTION AND REMOVAL—SECURE COMMUNITIES

In fiscal year 2008, Congress added $200,000,000 and directed 

ICE to create a new program to aggressively target incarcerated 

criminal aliens in all Federal, State, and local jails and prisons. 
49 

Given that a nationwide jail/prison reporting system does not yet 

exist to determine the total number of incarcerated criminal aliens 

in the United States, ICE extrapolated from various sources and 

estimated that there are about 300,000 to 450,000 criminal aliens, 

who are available for removal, detained each year at Federal, 

State, and local prisons and jails. Using these funds, ICE has developed a strategy that relies on a phased-in, risk-based approach 

to identify and remove all criminal aliens amenable for removal in 

jails and prisons across the country based on their perceived threat 

to the community. 

The first targeted group to be identified and then prepared for 

removal is individuals who have been convicted of major drug offenses and violent offenses such as murder, manslaughter, rape, 

robbery, and kidnapping. It makes sense that ICE target the 

‘‘worst of the worst’’ and ensure that they are removed from the 

United States. ICE estimates that there are between 94,179 and 

115,621 incarcerated illegal aliens who fall into this first priority 

category. Regrettably, the President’s budget did not request any 

funds to continue and expand this priority national security program. The Committee recommends $160,000,000 to continue and 

expand the program and directs ICE to submit an expenditure plan 

within 180 days of enactment of this act detailing how these funds 

will be used to meet the strategic goals laid out in the revised Secure Communities report dated April 8, 2008. The Committee also 

directs ICE to provide quarterly briefings on progress being made 

in implementing the Secure Communities program. The first briefing should occur no later than 45 days after the date of enactment 

of this act. 

UNACCOMPANIED ALIEN CHILDREN

The Committee understands that the policy regarding the minimum standards for care of unaccompanied alien children is in the 

clearance process between the Department and the Office of Management and Budget. As these children often suffer from the illegal 

actions of their parents, it is important that they receive appropriate attention. The Committee directs that these standards, 

called for in the joint explanatory statement accompanying the 

Homeland Security Appropriations Act, 2008 (Public Law 110–161), 

be issued immediately. 

The Committee notes that section 462 of the Homeland Security 

Act of 2002 (Public Law 107–296) transferred to the Office of Refugee Resettlement [ORR] of the Department of Health and Human 

Services [HHS] ‘‘functions under the immigration laws of the 

United States with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the Commissioner of Immigration and Naturalization Service (INS).’’ Section 

462 detailed the series of functions which were transferred and 

mandated that all funds formally expended by INS were also transferred to ORR. Apparently, since the implementation of the law, 

there has been confusion as to which agency has the responsibility 

of transferring illegal unaccompanied children to ORR upon their 

apprehension. ICE and CBP do not have—and nor should they— 

the capacity to detain these illegal alien children. It is the responsibility of ORR to obtain control of these illegal alien children as 
50 

soon as possible. Indeed, the Committee understands that it has 

been the goal of DHS to ensure the transfer of these illegal alien 

children to ORR within as soon as 6 hours of their apprehension. 

Because ORR has claimed it does not have the resources within the 

HHS budget to take early control of these illegal alien children, 

ICE has borne the brunt of lawsuits and other forms of condemnation for the detainment and treatment of children which are ORR’s 

responsibility. In fact, the vast majority of these illegal alien children are in the custody of CBP, not ICE. 

In the explanatory statement accompanying the Homeland Security Appropriations Act, 2008, the conferees directed ICE not to reimburse ORR for the transportation of these illegal alien children 

because of the conferees’ understanding of a significant increase in 

the ORR budget. Due to continued misalignment between ICE and 

ORR, ICE has continued to fund the costs of detaining and then 

transporting these illegal alien children to ORR during the current 

fiscal year. The longer it takes ORR to gain custody of these illegal 

alien the children, the longer they must be detained in less than 

optimal settings. 

The Committee continues to firmly believe that the responsibility 

of transporting unaccompanied illegal alien children is an ORR responsibility. However, the Committee is aware of, and strongly supports, ongoing discussions between the Department and ORR regarding what is the most cost-efficient method to accomplish this 

task while also responding to the best interests of these children. 

In order to fully implement section 462 of Public Law 107–296, the 

Committee directs the Office of Management and Budget [OMB] to 

include sufficient funding in the 2010 ORR budget request to assume this transportation requirement and directs the submission of 

a joint report no later than March 1, 2009 from OMB, DHS, and 

HHS recommending which agency is the most appropriate agency 

to fund transportation. 

While this responsibility must eventually transition to ORR, in 

the interim ORR must, at a minimum, respond to DHS agencies’ 

requests for information as to where to send these children, within 

6 hours. The Committee directs DHS and ORR to provide semiannual briefings on progress being made to fully transition this 

transportation responsibility to ORR. The first briefing shall occur 

no later than July 11, 2008. The Committee has included language 

in the bill to ensure that CBP and ICE have the authority to continue to fund the transportation of unaccompanied minor aliens, 

and expects them to work cooperatively to ensure the most efficient 

means are used to transport unaccompanied juvenile aliens to ORR 

custody. The Committee has ensured that sufficient funds are 

available in the appropriate DHS agency budgets’ to accomplish 

this task. 

DETAINEE ACCESS TO MEDICAL CARE

The Committee notes that individuals held in Federal custody, 

even if in this country illegally, must be afforded appropriate access to medical care. Currently ICE detains approximately 31,000 

illegal aliens a day. While the number of individuals detained in 

ICE facilities for immigration violations has increased, the average 

length of stay in fiscal year 2007 was 36.9 days. The Committee 
51 

wants to ensure that this detained population receives the medical 

care required by law. If ICE needs additional resources, including 

staff and information technology tracking systems, it must communicate those needs to the Committee. During recent testimony before the Congress, the Government Accountability Office noted that 

it had recommended that the Department establish improved internal control procedures to help ensure that detainee complaints are 

properly documented and their disposition recorded. The Committee urges ICE to establish such procedures immediately. 

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 2009 

quarterly report is to be submitted no later than February 15, 

2009. 

SPECIAL INTEREST ALIENS

In fiscal year 2007, CBP arrested 122 people determined to be 

from ‘‘special interest’’ countries at the Northern border and 297 at 

the Southern border. However, the Committee has not been provided answers to inquiries regarding their status. The Committee 

directs the Department to provide a classified briefing on the disposition of these special interest aliens within 45 days after the 

date of enactment of this act. 

COMMITTEE RECOMMENDATIONS

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—SALARIES AND EXPENSES 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 

Committee 

recommendations 

Headquarters Management and Administration: 

Personnel Compensation and Benefits, services and other 

costs ....................................................................................... 168,887 200,188 202,188 

Headquarters Managed IT investment ....................................... 146,654 174,348 174,348 

Subtotal, Headquarters Management and Administration .... 315,541 374,536 376,536 

Legal Proceedings ................................................................................ 208,350 214,332 214,332 

Investigations: 

Domestic ..................................................................................... 1,422,528 1,474,708 1,514,008 

International ................................................................................ 107,551 125,141 133,541 

Subtotal, Investigations ......................................................... 1,530,079 1,599,849 1,647,549 
52 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—SALARIES AND EXPENSES—Continued 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 

Committee 

recommendations 

Intelligence ........................................................................................... 52,146 52,956 55,789 

Detention and Removal Operations: 

Custody Operations ..................................................................... 1,647,212 1,696,495 1,721,268 

Fugitive Operations ..................................................................... 218,945 226,477 226,477 

Criminal Alien Program .............................................................. 178,829 189,069 189,069 

Alternatives to Detention ............................................................ 53,889 55,791 59,791 

Transportation and Removal Program ........................................ 282,526 281,399 281,399 

Subtotal, Detention and Removal Operations ........................ 2,381,401 2,449,231 2,478,004 

Comprehensive Identification and Removal of Criminal Aliens ......... 200,000 .......................... 160,000 

Total, Salaries and Expenses ................................................. 4,687,517 4,690,904 4,932,210 

1 Includes $516,400,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public 

Law 110–161). 

FEDERAL PROTECTIVE SERVICE

Appropriations, 2008 1 ........................................................................... $613,000,000 

Budget estimate, 2009 1 ......................................................................... 616,000,000 

Committee recommendation 1 ............................................................... 640,000,000 

1Fully funded by offsetting collections paid by General Services Administration tenants and 

credited directly to this appropriation. 

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 $640,000,000 for salaries and expenses of the Federal Protective Service for fiscal year 2009; this 

amount is fully offset by collections of security fees. This amount 

reflects anticipated additional security fee income above the request resulting from requirements contained in the Department of 

Homeland Security Appropriations Act, 2008, (Public Law 110– 

161), discussed below. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

FEDERAL PROTECTIVE SERVICE 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Basic security ................................................................................ 186,673 189,673 213,673 
53 

FEDERAL PROTECTIVE SERVICE—Continued 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Building specific security .............................................................. 426,327 426,327 426,327 

Total, Federal Protective Service 1 .................................... 613,000 616,000 640,000 

1 Fully funded by offsetting collections paid by General Services Administration tenants and credited directly to this appropriation. 

FINANCIAL MANAGEMENT

Because FPS suffered from years of neglect after its transfer in 

2003 from GSA to ICE, the Congress took legislative steps last year 

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, 

2008, required the Secretary and the Director of the Office of Management and Budget [OMB] 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 

July 31, 2008. Additionally, the law required the adjustment of security fees charged by FPS to meet this mandate no later than December 31, 2007. 

On February 28, 2008, the Committee was notified by the Secretary that fees were being adjusted in order to generate 

$15,400,000 in revenue in fiscal year 2008, and an additional 

$27,800,000 in fiscal year 2009, to support the hiring and maintaining of these additional employees. The current estimate of additional anticipated fee revenue in fiscal year 2009 is $24,000,000. 

On May 21, 2008, the Committee was informed that 145 job offers 

had been accepted in order to meet the July 31, 2008, deadline of 

hiring an additional 150 personnel to reach the 900 personnel level. 

In February 2008, the Government Accountability Office [GAO] 

issued preliminary observations on FPS efforts to protect Federal 

property. GAO found FPS is experiencing difficulties in meeting its 

mission and is not providing the active patrols to detect and prevent criminal incidents and terrorist attacks before they occur. It 

noted the elimination of such patrols had a negative effect on the 

security of Federal buildings, that security countermeasures are 

not implemented because funding is not available in tenant agency 

budgets, contract guards are not adequately monitored, and the 

FPS is attempting to rely on local law enforcement for response to 

incidents within Federal facilities without the agency’s prior agreement or funding. The report also concluded fee revenues have not 

been sufficient to cover operational costs. 

The attacks on the Alfred P. Murrah Federal Building in Oklahoma City in 1995 and the first attack on the World Trade Center 

in 1993 demonstrate the continued vulnerability of facilities housing Federal employees to terrorist attack. Any change to the FPS 

mission must be made by the next administration with full insight 

into and acknowledgement of the traditional FPS mission, its current, semi-transformed state, and its chronic lack of sufficient resources. The GAO report should be an excellent resource in this effort. 
54 

The Committee has included bill language maintaining the FPS 

at the levels mandated in the 2008 law. The Committee further directs the Director of OMB to ensure the level of fees in fiscal year 

2010 will maintain the fiscal year 2009 staffing levels. 

AUTOMATION MODERNIZATION

Appropriations, 2008 ............................................................................. $30,700,000 

Budget estimate, 2009 ........................................................................... 57,000,000 

Committee recommendation ................................................................. 57,000,000 

The Automation Modernization account provides funds for major 

information technology [IT] projects for U.S. Immigration and Customs Enforcement [ICE], including the Atlas Program comprised of 

eight interrelated project areas for the modernization of the IT infrastructure, modernization of the Traveler Enforcement and Compliance System [TECS], and modernization of Detention and Removal Operations’ IT systems for tracking detainees [DRO Modernization]. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $57,000,000, 14 positions, and 11 

FTE, an increase of $26,300,000, 7 positions, and 4 FTEs above the 

fiscal year 2008 level, as proposed in the budget. These funds are 

to remain available until expended. The Committee includes bill 

language making $5,000,000 available upon the submission of an 

expenditure plan. 

The Committee recognizes and supports the need for ICE to modernize its outdated and often unreliable systems and information 

technology infrastructure. It is critical that these systems support 

law enforcement activities, better deliver the right information to 

the right people when needed, and improve detainee tracking and 

management while strengthening financial management and audit 

practices. Given the large growth in ICE’s Automation Modernization account, and the myriad activities now being undertaken, the 

Committee directs ICE to provide semiannual briefings on the 

progress being made on these activities. The initial briefing shall 

occur no later than 60 days after the date of enactment of this act, 

and should include a detailed description of how the programs are 

aligned with the Department’s Enterprise Architecture, a listing of 

current and known risks, and the mitigation strategies designed to 

limit risks. 

ICE TRAVELER ENFORCEMENT AND COMPLIANCE SYSTEM

MODERNIZATION

The Committee was pleased to receive the U.S. Customs and 

Border Protection [CBP] TECS Modernization Program report on 

April 17, 2008, as called for in Senate Report 110–84. The report, 

and subsequent briefings, demonstrates the critical need for upgrading this important law enforcement tool. As TECS is a legacy 

Customs Service system, it is understandable that CBP has taken 

the lead in the modernization effort. However, ICE is a major user 

of this system and must play a primary role in its development. 

The Committee directs ICE to submit a detailed report of it efforts 

in support of the modernization program not less than 30 days 
55 

after the date of enactment of this act. The report shall include: (1) 

a description of each project in the modernization program; (2) cost 

estimates for the complete modernization program; and (3) 

timelines and milestones for the development and implementation 

of each project. 

CONSTRUCTION

Appropriations, 2008 1 ........................................................................... $16,500,000 

Budget estimate, 2009 ........................................................................... ........................... 

Committee recommendation ................................................................. ........................... 

1 Includes $10,500,000 in emergency appropriations pursuant to the Department of Homeland 

Security Appropriations Act, 2008 (Public Law 110–161). 

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. 

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 

$6,893,977,000 and a net of $4,283,977,000 for the activities of TSA 

for fiscal year 2009. 

The Committee notes that the request includes several funding 

realignments within and, in some cases, between appropriations accounts. The Committee provides only partial approval of these requests. The Committee approves the creation of a new program, 

project, and activity [PPA] under the ‘‘Transportation Security Support’’ appropriation for TSA-wide human resources activities. 

Funds for human resources activities were previously funded separately under the ‘‘Aviation Security’’ and ‘‘Transportation Security 

Support’’ appropriations. The Committee also approves the request 

to consolidate TSA-wide information technology activities under the 

‘‘Transportation Security Support’’ appropriation. These activities 

were previously funded separately under the ‘‘Aviation Security’’ 
56 

and ‘‘Transportation Security Support’’ appropriations. The Committee denies the request to consolidate all law enforcement activities under the ‘‘Aviation Security’’ appropriation. The Committee is 

sensitive to the disparity in TSA’s budget between aviation and 

other modes of transportation, and therefore believes it is unwise 

to merge law enforcement activities for all modes under an appropriation with an aviation focus. The Committee also denies the request to transfer Federal Air Marshals [FAMs] funding from a 

stand alone appropriation to a PPA under the ‘‘Aviation Security’’ 

appropriation. The Committee created a separate appropriation for 

FAMs to prevent the Administration from using critical FAMs appropriations to fund other TSA shortfalls. Finally, the Committee 

denies the request to merge funding for air cargo activities with 

other TSA aviation regulatory activities. The Committee intends to 

maintain complete transparency on air cargo security activities as 

TSA works to achieve 100 percent screening of air cargo on passenger aircraft, as required by law. Other requested changes to 

align operational program and personnel funding under the same 

PPA are detailed in the Committee’s recommendation. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

TRANSPORTATION SECURITY ADMINISTRATION—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Aviation Security ............................................................................ 4,808,691 1 5,289,535 2 4,671,518 

Aviation Security Capital Fund (mandatory) ................................. 250,000 3 676,000 250,000 

Checkpoint Screening Security Fund (mandatory) ........................ 250,000 ( 4 ) ............................

Surface Transportation Security .................................................... 46,613 5 37,000 63,506 

Transportation Threat Assessment and Credentialing (direct appropriations) .............................................................................. 82,590 133,018 119,618 

Transportation Threat Assessment and Credentialing (fee funded programs) ............................................................................. 82,601 40,000 40,000 

Transportation Security Support .................................................... 523,515 6 926,000 950,235 

Federal Air Marshals ...................................................................... 769,500 ( 1 ) 799,100 

Total, Transportation Security Administrations (gross) ... 6,813,510 7,101,553 6,893,977 

Offsetting Fee Collections .............................................................. ¥2,210,225 ¥2,320,000 ¥2,320,000 

Aviation Security Capital Fund (mandatory) ................................. ¥250,000 ¥676,000 ¥250,000 

Checkpoint Screening Security Fund (mandatory) ........................ ¥250,000 ............................ ............................

Fee accounts (TTAC) ...................................................................... ¥82,601 ¥40,000 ¥40,000 

Total, Transportation Security Administration (net) ........ 4,020,684 4,065,553 4,283,977 

1 $786,000,000 requested for Federal Air Marshals as a new program, project, and activity [PPA] in ‘‘Aviation Security’’. 

2 Excludes a rescission of $7,300,000. 

3 Includes $250,000,000 from existing mandatory fee collections and an additional $426,000,000 from a legislative proposal transmitted in 

conjunction with the budget on February 4, 2008. 4 Fees deposited in the Airport Checkpoint Security Fund (Section 44940i of title 49) are for fiscal year 2008 only. 

5 Request includes the realignment of $10,700,000 to ‘‘Aviation Security’’ (law enforcement) for K–9s and Visible Intermodal Protective Response operations. 6 Includes the realignment of $182,234,000 (human resources) and $251,286,000 (information technology) from ‘‘Aviation Security’’. 

AVIATION SECURITY

Appropriations, 2008 ............................................................................. $4,808,691,000 

Budget estimate, 2009 ........................................................................... 1 5,289,535,000 

Committee recommendation ................................................................. 2 4,671,518,000 

1$786,000,000 requested for Federal Air Marshals as a new program, project, and activity 

[PPA] in ‘‘Aviation Security’’. 2 Excludes a rescission of $7,300,000. 
57 

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 $4,671,518,000 for aviation security, 

$618,017,000 below the amount requested and $137,173,000 below 

the fiscal year 2008 level. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

AVIATION SECURITY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Screening Operations ............................................................... 3,768,489 3,678,287 3,861,710 

Aviation Security Direction and Enforcement .......................... 1,009,977 1 825,248 1 809,808 

Federal Air Marshals ................................................................ ( 2 ) 786,000 ( 2 ) 

Implementing Requirements of the 9/11 Act (Public Law 

110–53) ............................................................................... 30,000 .............................. 3 [20,000 ] 

Aviation Security Capital Fund (mandatory) ........................... [250,000 ] 4 [676,000 ] [250,000 ] 

Checkpoint Security Screening Fund (mandatory) .................. [250,000 ] .............................. ..............................

Indirect Air Cargo/General Aviation at DCA ............................ 225 [275 ] [275 ] 

Subtotal, Aviation Security ......................................... 4,808,691 5,289,535 4,671,518 

Rescission ................................................................................ .............................. .............................. ¥7,300 

Total, Aviation Security .............................................. 4,808,691 5,289,535 4,664,218 

1 Includes the realignment of $251,286,000 to ‘‘Transportation Security Support’’ (information technology). 

2 Federal Air Marshals funded under a separate appropriation in fiscal year 2008 and maintained as such in fiscal year 2009. 

3 Total funded under individual accounts. 

4 Includes $250,000,000 from existing mandatory fee collections and an additional $426,000,000 from a legislative proposal transmitted in conjunction with the budget on February 4, 2008. 

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 $2,320,000,000. Of this amount, $1,872,000,000 

will be collected from aviation passengers and $448,000,000 will be 

collected from the airlines. The Committee notes that a legislative 

proposal, submitted by the administration for the consideration of 

the authorizing committees of jurisdiction and not as a fiscal year 

2009 appropriations request, proposes a 4-year increase in the aviation passenger security fee in order to generate an additional 

$426,000,000 in fiscal year 2009 (for a total of $676,000,000) to be 

deposited in the mandatory Aviation Security Capital Fund for the 

purchase and installation of explosives detection systems for 

checked baggage. To date, this proposal has not been acted upon 
58 

by the authorizing committees with jurisdiction over this matter. 

Therefore, the Committee recommendation reflects the amount authorized by law ($250,000,000) to be deposited in the mandatory 

Aviation Security Capital Fund in fiscal year 2009. 

SCREENING OPERATIONS

The Committee recommends $3,861,710,000 for TSA screening 

operations, $183,423,000 above the amount as requested and 

$93,221,000 above the fiscal year 2008 level. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

SCREENING OPERATIONS 

[In thousands of dollars] 

Fiscal year 2008 

enacted

Fiscal year 2009 

budget request 

Committee 

recommendations 

Privatized screening airports ......................................................... 143,385 151,272 151,272 

Passenger and baggage screener personnel, compensation and 

benefits ...................................................................................... 2,636,104 2,716,014 2,692,014 

Screener training and other .......................................................... 223,766 197,318 197,318 

Human resource services ............................................................... 182,234 ( 1 ) ............................

Checkpoint support ........................................................................ ( 2 ) 127,683 200,000 

Explosives Detection Systems/Explosives Trace Detection [EDS/ 

ETD]: 

EDS/ETD purchase and installation ..................................... 294,000 153,894 294,000 

Screening technology maintenance and utilities ................. 264,000 310,625 305,625 

Operation integration ............................................................ 25,000 21,481 21,481 

Subtotal, EDS/ETD systems .............................................. 583,000 486,000 621,106 

Total, Screening Operations ............................................. 3,768,489 3,678,287 3,861,710 

1 Human resources requested under the ‘‘Transportation Security Support’’ appropriation. 

2 $250,000,000 funded through mandatory fees. 

PRIVATIZED SCREENING AIRPORTS

The Committee recommends $151,272,000 for privatized screening airports, the same amount as requested in the budget and 

$7,887,000 above the fiscal year 2008 level. Funds are provided to 

support airports that have screening services performed by qualified vendors. The recommendation includes requested adjustments 

for: pay inflation; the expanded screener mission for behavior detection, travel document checkers, and aviation direct access 

screening program; and program efficiency savings. TSA is directed 

to notify the Committees on Appropriations if TSA 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 on Appropriations within 10 days, to account for any changes in private screening contracts and screener personnel, compensation and benefits to 

reflect the award of contracts under the screening partnership program, or the movement from privatized screening into Federal 

screening. 
59 

PASSENGER AND BAGGAGE SCREENER PERSONNEL, COMPENSATION

AND BENEFITS

The Committee recommends $2,692,014,000 for passenger and 

baggage screener personnel, compensation, and benefits, 

$24,000,000 below the amount requested and $55,910,000 above 

the fiscal year 2008 level. Funds are provided to support a full-time 

equivalent [FTE] screener workforce of 45,643. The recommendation includes requested adjustments for salary related inflation 

costs and program efficiencies. Based on TSA’s consistent carryover 

in this account, the Committee is unconvinced that the full amount 

requested for fiscal year 2009 is needed to maintain requested 

staffing levels. The Committee notes that TSA ended fiscal year 

2007 with $166,135,274 unobligated in this account. Furthermore, 

TSA informed the Committee that $24,000,000 in one-time savings 

has been achieved in fiscal year 2008 due to payroll underburn. 

Therefore, the Committee recommendation includes a reduction of 

$24,000,000 below the request. TSA shall use these achieved savings in fiscal year 2008 for staffing needs in fiscal year 2009. This 

reduction should have no impact on TSA’s ability to meet its requested FTE level in fiscal year 2009. 

The Committee denies the request to delete the statutory requirement concerning screening of Federal Government officials. 

SCREENING AIRPORT EMPLOYEES (RESCISSION)

In fiscal year 2008, $15,000,000 was made available to pilot various methods to screen airport employees at a total of seven airports to be selected by TSA. Based on TSA’s spend plan, which was 

submitted to the Committee on May 6, 2008, only $7,700,000 is 

necessary to conduct the pilots as directed by Congress. Therefore, 

the recommendation includes a rescission of $7,300,000 from 

amounts made available in fiscal year 2008 for employee screening 

pilots. 

SCREENING PASSENGERS BY OBSERVATION TECHNIQUES

The Committee recommendation includes funding for 330 additional FTE for the Screening Passengers by Observation Techniques [SPOT] program, bringing the total number of behavioral 

detection officers to 2,341 FTE. The intent of the program is for 

TSOs to observe passengers’ behavior, specifically for signs of hostile intent, and pull those passengers aside for additional questioning and screening. According to TSA, at the 63 airports where 

SPOT is operational, the program has resulted in over 113,000 referrals for further screening, with less than 0.1 percent resulting 

in some type of an arrest (none known to be related to terrorism). 

The Committee directs TSA to develop improved performance 

measures to justify such a large ramp up in FTE. These measures 

should be included in the fiscal year 2010 congressional budget justification. 

SCREENER TRAINING AND OTHER

The Committee recommends $197,318,000 for screener training 

and other, the same amount as requested in the budget and 

$26,448,000 below the fiscal year 2008 level. Funds are provided 
60 

for training of 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 reflects the following shifts in funding to 

align operational program and personnel funds under the same account: a net of $8,047,000 and 56 FTE transferred from ‘‘Transportation Security Support’’ (headquarters administration); 

$13,000,000 transferred to checkpoint support; $12,700,000 transferred to ‘‘Transportation Security Support’’ (human capital); and 

$338,000 transferred to ‘‘Transportation Security Support’’ (information technology). 

HUMAN RESOURCE SERVICES

No funding is provided for human resource services within the 

‘‘Aviation Security’’ appropriation. The Committee consolidates 

funds for human resources activities in a new PPA under the 

Transportation Security Support appropriation, as requested. 

CHECKPOINT SUPPORT

The Committee recommends $200,000,000 for checkpoint support, $72,317,000 above the amount requested. Funds are provided 

to field test and deploy passenger screening, carry-on baggage 

screening, checkpoint reconfiguration, and electronic surveillance of 

checkpoints. The Committee notes that at the request level, deployment of screening technology would decrease by 64 percent as compared to fiscal year 2008. The recommended increase will allow 

TSA to accelerate the purchase of technologies that can provide significant improvements in threat detection at passenger checkpoints. 

The recommended amount also reflects the following shifts in 

funding to align operational program and personnel funding under 

the same account: $13,000,000 transferred from screener training 

and other; $3,251,000 and 25 FTE transferred from ‘‘Transportation Security Support’’ (headquarters administration); and 

$863,000 and 6 FTE transferred from operations integration. 

WHOLE BODY IMAGERS

The Committee is fully supportive of emerging technologies at 

passenger screening checkpoints, including the whole body imaging 

program currently underway at Category X airports. These technologies provide an increased level of screening for passengers by 

detecting explosives and other non-metal objects that current 

checkpoint technologies are not capable of detecting. The Committee directs that funds for whole body imaging continue to be 

spent by TSA on multiple imaging technologies, including 

backscatter and millimeter wave. It also encourages TSA to expand 

this pilot program to additional airports in order to better determine the capabilities of these technologies in a real world environment. The final decision on the operational deployment of a technology should be based on the performance, reliability, cost, and 

maintainability of the machines. These technologies should only be 

deployed if appropriate privacy filters have been established. 
61 

EXPLOSIVES DETECTION SYSTEMS

The Committee recommends $294,000,000 in discretionary appropriations for the purchase and installation of explosives detection 

systems/explosives trace detection [EDS/ETD] at airports, 

$140,106,000 above the amount requested in the budget and the 

same as the fiscal year 2008 level. An additional $250,000,000 in 

mandatory spending will be available for these activities from Aviation Security Capital Fund fee collections. 

The Committee notes that TSA is in receipt of over 80 requests 

totaling $700,000,000 for airport facility modifications for optimal 

checked baggage screening solutions. The recommended increase of 

$140,106,000 above the request greatly accelerates the ability of 

TSA to implement these optimal systems. 

Within the funds provided, not less than $84,500,000 shall be 

available to procure and deploy certified EDS at medium- and 

small-sized airports. 

The recommended amount also reflects the following shifts in 

funding to align operational program and personnel funds under 

the same account: $9,752,000 and 75 FTE transferred from ‘‘Transportation Security Support’’ (headquarters administration); 

$2,590,000 and 18 FTE transferred from operations integration; 

and $34,000,000 transferred to screening technology maintenance 

and utilities. 

EXPENDITURE PLANS FOR EDS/CHECKPOINT TECHNOLOGIES

The Committee includes statutory language under the ‘‘Transportation Security Support’’ appropriation restricting $30,000,000 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 2009. The Committee 

notes that the fiscal year 2008 EDS expenditure plan was submitted 4 months after the statutory requirement and the checkpoint security expenditure plan was submitted over 3 months after 

the statutory requirement. Delaying funds that will provide significant security benefits for aviation security continues a disturbing 

trend. The obligation of funds provided in the fiscal year 2007 supplemental appropriations act for EDS have been held up for over 

a year due to bureaucratic delays at TSA, the Department, and the 

Office of Management and Budget. The Committee expects TSA to 

meet legislative timeframes for expenditure plans and avoid unnecessary delays in obligating funds for EDS and checkpoint systems. 

Additionally, the Committee includes a new requirement for the expenditure plans to be updated quarterly and to include the following new information: specific technologies planned for purchase; 

project timelines; a schedule for obligation; and a table detailing actual unobligated balances versus anticipated unobligated balances 

at the close of the fiscal year. The quarterly updates shall also include an explanation for 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 leg-
62 

islation is an authorizing matter and not under the jurisdiction of 

the Appropriations Committee. 

SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES

The Committee recommends $305,625,000 for screening technology maintenance and utilities, an increase of $41,625,000 from 

the fiscal year 2008 level and $5,000,000 below the amount proposed in the budget. The recommendation includes the request to 

realign $34,000,000 from the EDS PPA to meet increasing maintenance needs. The increase in maintenance costs reflects TSA’s requirements to execute its strategic plan to install checkpoint and 

EDS/ETD technologies in the Nation’s airports. In fiscal year 2009, 

warranties on a total of 794 EDS and checkpoint machines will expire. 

However, due to delays in purchasing equipment associated with 

funding provided in the fiscal year 2007 supplemental appropriations act and the fiscal year 2008 appropriations act, the overall 

level of funding required for maintenance is $9,400,000 below the 

request. Therefore, the Committee reduces the request by 

$5,000,000 and allows up to $4,400,000 to be used for costs related 

to the disposal of EDS and ETD equipment no longer in service. 

According to TSA, over 400 of these units require disposal. The request includes no funds for this purpose. 

OPERATION INTEGRATION

The Committee recommends $21,481,000 for operation integration, a decrease of $3,519,000 below the fiscal year 2008 level and 

the same amount as requested in the budget. 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. The recommended amount reflects the following changes requested to align operational program and personnel funding under the same PPA: $863,000 and 6 FTE transferred to checkpoint support; and $2,590,000 and 18 FTE transferred to EDS. 

AVIATION SECURITY DIRECTION AND ENFORCEMENT

The Committee recommends $809,808,000 for aviation direction 

and enforcement, a decrease of $200,169,000 from the fiscal year 

2008 level and $15,440,000 below the request. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

AVIATION SECURITY DIRECTION AND ENFORCEMENT 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Aviation regulation and other enforcement ................................... 255,953 1 209,991 250,768 

Airport management, information technology, and support ......... 651,933 373,010 407,166 

Federal flight deck officer and flight crew training programs .... 25,091 ( 2 ) 25,025 

Air cargo security ........................................................................... 73,000 ( 3 ) 122,849 

Airport perimeter security .............................................................. 4,000 ............................ 4,000
63 

AVIATION SECURITY DIRECTION AND ENFORCEMENT—Continued 

[In thousands of dollars] 

Fiscal year 2008 enacted Fiscal year 2009 

budget request 

Committee recommendations 

Law enforcement ............................................................................ ............................ 4 242,247 ............................

Total, Aviation Security Direction and Enforcement ........ 1,009,977 825,248 809,808 

1 Request realigns enforcement funds to a new law enforcement PPA. 

2 Requested in a new law enforcement PPA. 

3 A total of $104,849,000 requested in aviation regulation and law enforcement. 

4 The request includes the realignment of funds across several TSA accounts. 

AVIATION REGULATION AND OTHER ENFORCEMENT

The Committee recommends $250,768,000 for aviation regulation and other enforcement, a decrease of $5,185,000 from the fiscal 

year 2008 level and $40,777,000 above the request. 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 recommendation includes requested inflationary, program efficiency, and annualization adjustments. The 

increase above the request reflects the Committee’s decision to 

deny the request to consolidate funding for air cargo security within this PPA. The Committee intends to maintain complete transparency on air cargo security as TSA works to meet the 9/11 Act 

requirement to achieve 100 percent screening of air cargo on passenger aircraft by 2010. The Committee recommendation also includes $3,500,000 above 

the request to annualize funding provided in fiscal year 2008 for 

TSA to positively identify pilots and aircraft in the general aviation 

domain and enhance its ability to understand the threats and 

vulnerabilities to general aviation airports, as expressed in section 

1617 of the 9/11 Act. In addition, TSA is to use these funds for risk 

assessments of general aviation airports, as called for in the 9/11 

Act. Further, an additional $1,000,000 is provided for TSA to conduct security reviews and audits of foreign repair stations. This increase is consistent with requirements authorized in section 1616 

of the 9/11 Act. 

AIRPORT MANAGEMENT AND SUPPORT

The Committee recommends $407,166,000 for airport manage- ment and support, a decrease of $244,767,000 from the fiscal year 

2008 level and $34,156,000 above the amount proposed in the 

budget request. Funds are provided for: the workforce to support 

122 TSA Federal security directors, 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 amount includes the transfer of airport 

information technology funds, totaling $251,286,000 and 39 FTE, to 

‘‘Transportation Security Support’’ (information technology), thereby consolidating TSA’s information technology operating and personnel funds into one account. In addition, the recommended 

amount reflects the transfer of $1,300,000 to ‘‘Transportation Security Support’’ (headquarters administration), as requested to consolidate both operating and support funding for the sensitive secu-
64 

rity information program. The Committee denies the request to 

transfer $28,927,000 from this account to a new law enforcement 

PPA. 

FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING

PROGRAMS

The Committee recommends $25,025,000 for Federal flight deck 

officer and flight crew training programs, a decrease of $66,000 

from the fiscal year 2008 level. Funds for these programs were requested under a consolidated law enforcement account, which the 

Committee denies. 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. The Committee denies the request to merge funds for this function within a new law enforcement account. 

AIR CARGO SECURITY

The Committee recommends $122,849,000 for air cargo security 

activities, an increase of $49,849,000 from the fiscal year 2008 level 

and $18,000,000 above the amount proposed in the budget request 

under the aviation regulation and law enforcement PPAs. Funds 

are provided to secure the air cargo supply chain, conveyances, and 

people. 

The Committee denies the request to merge this PPA within the 

aviation regulation and law enforcement PPAs. The recommendation includes a requested base adjustment of $49,084,000 to annualize the 150 new air cargo inspectors funded in the fiscal year 

2007 supplemental act. The Committee recommendation does not 

include the $18,000,000 base reduction included in the request. 

This reduction would inhibit TSA’s ability to meet the 100 percent 

screening requirement in the 9/11 Act. Therefore, the Committee 

directs TSA to expand technology pilots to evaluate the effectiveness of cargo screening technologies. The Committee also directs 

TSA to provide an expenditure plan not later than 60 days after 

the date of enactment of this act on the allocation of fiscal year 

2009 air cargo security funds, including any carryover funds from 

prior year appropriations. The plan is to include details on efforts 

to develop new covert testing protocols, data related to cargo strike 

team augmentation, the location and number of canine team deployments, and specific screening technologies deployed. 

CERTIFIED CARGO SCREENING PROGRAM

The Committee notes that TSA’s plan to achieve a 100 percent 

screening mandate is heavily reliant on screening cargo at certified 

screening facilities throughout the supply chain. TSA has begun to 

test this screening concept (known as the Certified Cargo Screening 

Program) at airports with a high concentration of cargo consolidations, but full development, such as ensuring chain of custody, has 

not been achieved. The Committee directs TSA to brief the Committee, not later than 90 days after the date of enactment of this 
65 

act, on specific plans and processes for securing air cargo through 

the supply chain, including a schedule, milestones, and performance measures for this program. 

AIR CARGO VULNERABILITY ASSESSMENTS

The fiscal year 2007 appropriations act included funding to complete air cargo vulnerability assessments at all Category X airports. 

While the Committee is pleased that TSA is adjusting its countermeasures based on the preliminary findings from initial assessments, it is concerned that all assessments will not be completed 

until the end of fiscal year 2009. In its 2005 report, the Government Accountability Office [GAO] concluded that, without these assessments, ‘‘TSA is limited in its ability to identify potential air 

cargo security vulnerabilities and focus its resources on those areas 

representing the most critical security needs.’’ Therefore, the Committee expects TSA to avoid unnecessary delays and complete these 

assessments expeditiously. TSA is to provide an updated briefing 

to the Committee on its findings by March 3, 2009. 

AIR CARGO STATISTICS QUARTERLY REPORT

The Committee directs TSA to continue to report quarterly on air 

cargo screening statistics, to note incremental progress, and any 

reason for non-compliance. The Committee continues to be concerned with the reliability of the data provided in the quarterly reports. For instance, TSA notes in the report that several air carriers continue to record and submit data based on outdated reporting requirements, some fail to provide data, and others continue to 

provide inaccurate data. For this reason, 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 Committee recommends $4,000,000 for airport perimeter security. This is the same as the fiscal year 2008 level and 

$4,000,000 more than the budget request. 

The Committee continues to be concerned with TSA’s lack of emphasis to strengthen the security of commercial airport perimeters. 

While TSA has made progress to address concerns and recommendations made in the GAO April 2004 report (GAO–04–728), 

no funds were requested for perimeter security in the fiscal year 

2009 budget. In addition, the Committee is concerned that none of 

the funds provided in fiscal year 2008 for perimeter security have 

been obligated despite a well documented need. For example, in response to funding made available in prior years for airport perimeter security, TSA received 65 proposals totaling $64,944,544. The 

Committee expects TSA to obligate funds provided in fiscal year 

2008 expeditiously and includes $4,000,000 for further pilot 

projects in fiscal year 2009. The Committee expects these pilots to 

be competitively awarded. 
66 

LAW ENFORCEMENT

The Committee denies the realignment of $242,247,000 from 

other budget accounts across all TSA appropriations into a consolidated account for law enforcement activities. The Committee is 

sensitive to the disparity in TSA’s budget between aviation and 

other modes of transportation, and therefore believes it is unwise 

to consolidate funds for law enforcement activities for all transportation modes under an appropriation with an aviation focus. 

FEDERAL AIR MARSHALS

The Committee denies the request to merge the Federal Air Marshals [FAMs] appropriation under the ‘‘Aviation Security’’ appropriation. If merged with other aviation security activities, the Committee is concerned the FAMs budget would be used to fund other 

TSA shortfalls. 

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

[In thousands of dollars] 

Fiscal year 2008 enacted Fiscal year 2009 

budget request 

Committee 

recommenda- tion 1

Implementing Requirements of the 9/11 Act ............................................ 30,000 ........................ [20,000] 

Total, Implementing Requirements of the 9/11 Act .................... 30,000 ........................ [20,000] 

1 Funds detailed under individual accounts instead of a centralized account. 

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

The Committee is concerned that the President’s budget does not 

provide the appropriate level of resources to implement requirements of the 9/11 Act, which the President signed into law on August 3, 2007. The Committee recommendation includes a total of 

$971,349,000 for activities and requirements authorized in the 9/11 

Act, including: $544,000,000 (discretionary and mandatory funds) 

for the procurement and installation of explosives detection systems at airports ($140,106,000 above the request); $200,000,000 for 

checkpoint security ($72,317,000 above the request); $122,849,000 

for air cargo security ($18,000,000 above the request); $30,000,000 

for Visible Intermodal Protection and Response Teams; and 

$54,500,000 for the national explosives detection canine team program. In addition, the Committee recommendation includes 

$20,000,000 above the request to implement regulations and other 

new activities authorized by the 9/11 Act. These funds are detailed 

under different accounts throughout the report. However, in summary, TSA is to use the funds as follows: continue vulnerability 

and threat assessments in all transportation modes and establish 

mitigation plans; conduct security exercises for public transportation, over-the-road bus, and railroad employees; improve security 

at general aviation airports; establish and implement an information sharing plan for transportation security and an Information 

Sharing and Analysis Center for transportation security; further 

the development of a biometric aviation credential; conduct security 

reviews and audits of foreign repair stations; and hire no less than 

50 additional surface transportation security inspectors. 
67 

SURFACE TRANSPORTATION SECURITY

Appropriations, 2008 ............................................................................. $46,613,000 

Budget estimate, 2009 ........................................................................... 1 37,000,000 

Committee recommendation ................................................................. 63,506,000 

1 $10,700,000 to ‘‘Aviation Security’’ (law enforcement) for K–9s and Visible Intermodal Protective Response operations. 

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 $63,506,000, for surface transportation security, an increase of $16,893,000 from the fiscal year 2008 

level and $26,506,000 above the request. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

SURFACE TRANSPORTATION SECURITY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Staffing and Operations ................................................................ 24,485 25,397 33,785 

Surface Transportation Security Inspectors and Canines ............. 22,128 1 11,603 29,721 

Total, Surface Transportation Security ............................. 46,613 37,000 63,506 

1 $10,700,000 proposed for transfer to a new law enforcement PPA. 

SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS

The Committee recommends $33,785,000 for surface transportation security staffing and operations, an increase of $9,300,000 

from the fiscal year 2008 level and $8,388,000 above the 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 recommendation includes requested inflationary, base, and programmatic efficiency adjustments. In addition, it includes $4,400,000 above the 

request for TSA to continue assessing the vulnerabilities and risk 

in surface modes and establish mitigation strategies, consistent 

with requirements authorized in sections 1405, 1511, 1512, 1551, 

and 1558 of the 9/11 Act. Further, an additional $3,000,000 above 

the request is provided for TSA to expand the ability of the multimodal program to conduct security exercises for public transportation, over-the-road bus, and railroad employees. This increase is 

consistent with requirements authorized in sections 1407, 1516, 

and 1533 of the 9/11 Act. Finally, an additional $1,500,000 above 

the request is provided for TSA to establish and implement an information sharing plan for transportation security and an Information Sharing and Analysis Center for transportation security. This 

increase is consistent with requirements authorized in sections 

1203 and 1410 of the 9/11 Act. 
68 

SURFACE TRANSPORTATION SECURITY INSPECTORS

The Committee recommends $29,721,000 for surface transportation security inspectors and canines, an increase of $7,593,000 

from the fiscal year 2008 level and $18,118,000 from the request. 

The Committee recommendation denies the request to realign 

$10,700,000 and 75 positions to a new law enforcement account 

under the ‘‘Aviation Security’’ appropriation. The Committee is sensitive to the disparity in TSA’s budget between aviation and other 

modes of transportation and therefore believes it is unwise to 

merge law enforcement activities for all modes under an appropriation with an aviation focus. 

In addition, the Committee recommendation includes $5,000,000 

above the request for 50 additional Surface Transportation Security 

Inspectors (STSI), bringing the total STSI workforce to 225. 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. 

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

Appropriations, 2008 ............................................................................. $82,590,000 

Budget estimate, 2009 ........................................................................... 133,018,000 

Committee recommendation ................................................................. 119,618,000 

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 

$119,618,000 for transportation threat assessment and 

credentialing, an increase of $37,028,000 from the fiscal year 2008 

level and $13,400,000 below the request. In addition, an estimated 

$40,000,000 in fee collections are available for these activities, as 

proposed in the budget. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Appropriations: 

Secure Flight ......................................................................... 50,000 82,211 82,211 

Crew Vetting ......................................................................... 14,990 ............................ ............................

Screening Administration and Operations ............................ 9,500 50,807 37,407 

Transportation Worker Identification Credential (direct appropriation) ....................................................................... 8,100 ............................ ............................

Total Appropriations, Threat Assessment and 

Credentialing ........................................................... 82,590 133,018 119,618 
69 

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING—Continued 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Fee accounts: 

Registered Traveler Program ................................................ 35,101 10,000 10,000 

Transportation Worker Identification Credential ................... 26,500 9,000 9,000 

Hazardous Materials ............................................................. 19,000 18,000 18,000 

Alien Flight School fees 1 ...................................................... 2,000 3,000 3,000 

Total Fees, Transportation Threat Assessment and 

Credentialing ................................................................ 82,601 40,000 40,000 

1 By transfer from the Department of Justice. 

SECURE FLIGHT

The Committee recommends $82,211,000 for Secure Flight, $32,211,000 above the fiscal year 2008 level and the same as the 

budget request. As mandated by the Intelligence Reform Act, TSA 

is to assume from air carriers the function of matching passenger 

information against Government terrorist database information for 

domestic flights. The Committee is encouraged with TSA’s progress 

to build a more disciplined system, but remains concerned with 

TSA’s ability to fully assume this function from the airlines. The 

Government Accountability Office [GAO] has stated that TSA has 

not established reliable benchmarks from which to effectively manage the cost and schedule of the program. If TSA is to meet its 

schedule for domestic cutover operations by the end of calendar 

year 2008, critical milestones must be met, such as the publication 

of a final rule, airline operator readiness, and certification of conditions mandated in the fiscal year 2005 Department of Homeland 

Security Appropriations Act. The Committee expects that no funds 

will be obligated for cutover operations until the certification of 

conditions mandated in section 522(a) of Public Law 108–334 has 

been completed and GAO confirms that all 10 conditions have been 

successfully met. 

SCREENING ADMINISTRATION AND OPERATIONS

The Committee recommends $37,407,000 for screening administration and operations, $27,907,000 above the fiscal year 2008 level 

and $13,400,000 below the budget request. The Committee consolidates the crew vetting program into the screening administration 

and operations program, as requested. 

The Committee recommendation includes $1,600,000 for TSA to 

further the development of a biometric aviation credential. Pursuant to section 1614 of the 9/11 Act, TSA is to develop a sterile area 

access system that will grant flight deck and cabin crews expedited 

access to secure areas through screening checkpoints. 

The recommendation also includes a program increase of $15,000,000, instead of $30,000,000 requested, to enhance the infrastructure necessary to perform mandated vetting operations on 

populations that require access to critical infrastructure. The Committee notes that increases in vetting requirements have placed a 

significant amount of stress on TSA’s vetting infrastructure, resulting in disconnected and duplicative systems, high system com-
70 

plexity, and lengthy adjudication processes due to manual reviews. 

TSA’s plans to enhance its vetting infrastructure are still in the 

early stages and do not include a program of requirements, lifecycle 

cost estimates, or a timeline for key decisions and milestones. 

Therefore, the Committee provides half of the requested increase. 

TSA is to brief the Committee no later than 60 days after the date 

of enactment of this act on progress made to carry out this initiative. 

REGISTERED TRAVELER

The Committee does not continue section 571 of the Department 

of Homeland Security Appropriations Act, 2008, in light of the Assistant Secretary’s (Transportation Security Administration) determination of March 17, 2008. The Assistant Secretary determined 

that it would be a threat to civil aviation to permit approved participants of the Registered Traveler [RT] program to satisfy the required identity verification procedures at security screening checkpoints by presenting RT issued cards in lieu of currently required 

Government-issued photo identification. The Committee notes that 

TSA is working with the RT community to make it possible to use 

an enhanced RT card for identity verification at security checkpoints. 

TRANSPORTATION SECURITY SUPPORT

Appropriations, 2008 ............................................................................. $523,515,000 

Budget estimate, 2009 ........................................................................... 926,000,000 

Committee recommendation ................................................................. 950,235,000 

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 RECOMMENDATIONS

The Committee recommends $950,235,000 for transportation security support activities, an increase of $426,720,000 from the fiscal year 2008 level and $24,235,000 above the budget request. The 

recommended amount includes the creation of a new program, 

project, and activity [PPA], requested for human capital services 

and various realignments between appropriations. In addition, information technology [IT] funds from the ‘‘Aviation Security’’ appropriation are consolidated into one IT PPA in this account. 

The following table summarizes the Committee’s recommendations compared to the fiscal year 2008 and budget request levels: 

TRANSPORTATION SECURITY SUPPORT—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Intelligence ........................................................................................... 21,000 21,961 21,961 

Headquarters Administration ............................................................... 293,191 213,135 237,370 

Information Technology ........................................................................ 209,324 472,799 472,799 
71 

TRANSPORTATION SECURITY SUPPORT—FUNDING SUMMARY—Continued 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Human Capital Services ...................................................................... .......................... 218,105 218,105 

Total, Transportation Security Support .................................. 523,515 926,000 950,235 

INTELLIGENCE

The Committee recommends $21,961,000 for the Office of Intelligence, an increase of $961,000 from the fiscal year 2008 level and 

the same level as the budget request. The recommendation includes 

requested inflationary, base, and programmatic efficiency adjustments. The recommendation does not include the requested realignment of the Special Security Office to a new law enforcement 

PPA under the ‘‘Aviation Security’’ appropriation. 

HEADQUARTERS ADMINISTRATION

The Committee recommends $237,370,000 for headquarters administration, a decrease of $55,821,000 from the fiscal year 2008 

level and $24,235,000 above the request. The recommendation includes requested inflationary, base, and programmatic efficiency 

adjustments. In addition, it reflects the following shifts in funding 

to align operational program and personnel funding under the 

same account: $33,301,000 and 183 FTE transferred to human capital services; a net of $8,047,000 and 56 FTE transferred to ‘‘Aviation Security’’ (screener training and other); $3,251,000 and 25 FTE 

transferred to ‘‘Aviation Security’’ (checkpoint support); $9,752,000 

and 75 FTE transferred to ‘‘Aviation Security’’ (explosives detection 

systems); $11,703,000 and 90 FTE transferred to information technology; $606,000 transferred to ‘‘Transportation Threat and 

Credentialing’’ (screening administration operations); and 

$1,300,000 transferred from ‘‘Aviation Security’’ (airport management and support). 

The Committee includes bill language withholding the obligation 

of $30,000,000 for headquarters administration until expenditure 

plans for explosives detection systems procurement and checkpoint 

support are provided to the Committee. Requirements for the expenditure plans are detailed in the ‘‘Aviation Security’’ section of 

this report. 

INFORMATION TECHNOLOGY

The Committee recommends $472,799,000 for information technology, an increase of $263,475,000 from the fiscal year 2008 level 

and the same amount proposed in the budget. This amount consolidates funding from the following accounts, as requested: 

$11,703,000 and 90 FTE transferred from headquarters administration; $251,286,000 and 39 FTE transferred from ‘‘Aviation Security’’ (airport management and support); and $338,000 transferred 

from ‘‘Aviation Security’’ (screener training and other). 
72 

HUMAN CAPITAL SERVICES

The Committee recommends $218,105,000 for human capital 

services. This amount consolidates funding from the following accounts, as requested: $182,234,000 transferred from ‘‘Aviation Security’’ (human capital services); $12,700,000 transferred from 

‘‘Aviation Security’’ (screener training and other); and $33,301,000 

and 183 FTE transferred from headquarters administration. In addition, the recommendation includes requested inflationary, base, 

and programmatic efficiency adjustments. 

COVERT TESTING

The Committee provides $10,600,000 for covert testing activities, $4,340,000 above the fiscal year 2008 level and the same as the 

budget request. This funding will enable enhanced covert testing 

activities to identify potential vulnerabilities and weaknesses in 

airports and air cargo facilities, as well as in transit, rail, and ferry 

systems. TSA is to continue semi-annual briefings on these activities. 

RISK-BASED DECISIONMAKING AND BUDGETING

The Committee recognizes that the Secretary is to develop, consistent with the transportation modal security plans required 

under section 114(t) of title 49, United States Code, risk-based priorities based on risk assessments conducted or received by the Secretary across all transportation modes that consider threats, 

vulnerabilities, and consequences. The Committee directs the Secretary to submit a report, no later than 60 days after the date of 

enactment of this act, that includes: copies of the risk assessments 

for each transportation mode; a summary that ranks the risks 

within and across modes; and a description of the risk-based priorities for securing the transportation sector that identifies and 

prioritizes the greatest security needs of the transportation sector, 

both across and within modes, in the order that they should be addressed. This report should also describe the underlying methodologies used to assess risks across and within each transportation 

mode and the basis for any assumptions regarding threats, 

vulnerabilities, and consequences made in assessing and 

prioritizing risks within and across modes. The report shall be submitted in classified or unclassified formats, as appropriate. The 

Committee further directs the Secretary to submit, concurrent with 

the fiscal year 2010 budget request, supporting documentation that 

explicitly explains how the comprehensive risk assessments for all 

transportation modes were used to allocate resources across and 

within each mode. This documentation should also identify the corresponding allocation of resources being proposed in the budget request (by appropriations account, program, project, and activity) 

that address these priorities. This annual submission shall be 

made in classified or unclassified formats, as appropriate. 

VISIBLE INTERMODAL PROTECTIVE RESPONSE TEAMS

The recommendation includes $30,000,000 for Visible Intermodal 

Protective Response [VIPR] teams in fiscal year 2009. This amount 

annualizes the 225 positions and 10 permanent VIPR teams funded 
73 

in the fiscal year 2008 appropriation. Instead of consolidating these 

teams in a new law enforcement account within the ‘‘Aviation Security’’ appropriation, the recommendation maintains funding for 

VIPR teams within the Surface Transportation and the Federal Air 

Marshals appropriations, as VIPR teams provide a security presence for all modes of transportation. Prior to fiscal year 2008, VIPR 

teams were funded out of base resources and were deployed to 

modes of transportation outside of the aviation environment. The 

Committee understands that VIPR deployments have begun in all 

transportation modes, but performance measures have not been 

fully established to assess the results. Therefore, TSA is to brief 

the Committee not later than 60 days after the date of enactment 

of this act on the results of fiscal year 2008 deployments, performance standards established to measure results, and the methodology used to determine the distribution of VIPR resources and personnel among the various modes of transportation. 

FEDERAL AIR MARSHALS

Appropriations, 2008 ............................................................................. $769,500,000 

Budget estimate, 2009 ........................................................................... ( 1 ) 

Committee recommendation ................................................................. 799,100,000 

1 $786,000,000 for Federal Air Marshal’s requested in ‘‘Aviation Security’’. 

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 RECOMMENDATIONS

The Committee recommends $799,100,000, an increase of 

$29,600,000 from the fiscal year 2008 level and $13,100,000 above 

the budget request included in the ‘‘Aviation Security’’ appropriation request for FAMs. The increase above the request is detailed 

in the classified annex accompanying this report. The Committee 

denies the request to merge the FAMs appropriation with other 

law enforcement activities under the ‘‘Aviation Security’’ appropriation. If merged with other law enforcement activities, the Committee is concerned the FAMs budget would be used to fund other 

TSA shortfalls. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

FEDERAL AIR MARSHALS 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Management and Administration .................................................. 674,173 ............................ 708,143 

Travel and Training ....................................................................... 95,327 ............................ 90,957 

Total, Federal Air Marshals .............................................. 769,500 ( 1 ) 799,100 

1 $786,000,000 for Federal Air Marshals requested in ‘‘Aviation Security’’. 
74 

RISK MITIGATION

The Committee is aware of efforts by FAMs, in collaboration with 

the Homeland Security Institute, to develop a new model for measuring risk mitigations through FAMs deployments. FAMs is to 

brief the Committee not later than 60 days after the date of enactment of this act on this effort. 

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 

$9,216,181,000 for the activities of the Coast Guard for fiscal year 

2009. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

COAST GUARD—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Operating Expenses ....................................................................... 1 6,001,347 6,213,402 6,280,497 

Environmental Compliance and Restoration ................................. 13,000 12,315 12,315 

Reserve Training ............................................................................ 126,883 130,501 130,501 

Acquisition, Construction, and Improvements (A,C,&I) ................. 2 1,125,083 1,205,118 1,266,818 

Rescissions: A,C,&I ............................................................... ¥132,449 ............................ ............................

Subtotal: A,C,&I ................................................................ 992,634 1,205,118 1,266,818 

Alteration of Bridges ...................................................................... 16,000 ............................ 16,000 

Research, Development, Test and Evaluation ............................... 25,000 16,000 16,000 

Health Care Fund (Permanent Indefinite Appropriations) ............. 272,111 257,305 257,305 

Retired Pay (mandatory) ................................................................ 1,184,720 1,236,745 1,236,745 

Total, United States Coast Guard .................................... 8,631,695 9,071,386 9,216,181 

1 Includes the transfer of $110,000,000 from the Department of Defense (Navy) pursuant to Public Law 110–161 and $70,300,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 2 Includes $95,800,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 

The Coast Guard will pay an estimated $257,305,000 in fiscal 

year 2009 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). 
75 

OPERATING EXPENSES

Appropriations, 2008 1 ...........................................................................$6,001,347,000 

Budget estimate, 2009 ........................................................................... 6,213,402,000 

Committee recommendation ................................................................. 6,280,497,000 

1 Includes the transfer of $110,000,000 from the Department of Defense (Navy) pursuant to Public Law 110–161 and $70,300,000 in emergency appropriations pursuant to the Department 

of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 

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 $6,280,497,000 for Coast Guard Operating Expenses, including $24,500,000 from the Oil Spill Liability 

Trust Fund and $340,000,000 for Coast Guard defense-related activities. Of this amount the Committee recommends not to exceed 

$20,000 for official reception and representation expenses. 
76 

The recommended amount is $67,095,000 above the request and $279,150,000 above the fiscal year 2008 level. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

OPERATING EXPENSES 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Military Pay and Allowances: 

Military Pay and Allowances—Operations & Support ......... 2,463,934 2,555,120 2,593,032 

Military Pay and Allowances—Acquisitions ......................... ............................ 35,515 34,923 

Military Health Care .............................................................. 346,765 352,368 356,793 

Permanent Change of Station .............................................. 110,974 133,834 136,643 

Subtotal, Military Pay and Allowances ............................ 2,921,673 3,076,837 3,121,391 

Civilian Pay and Benefits: 

Civilian Pay and Benefits—Operations & Support .............. 594,803 645,321 646,957 

Civilian Pay and Benefits—Acquisitions ............................. ............................ 47,538 44,073 

Subtotal, Civilian Pay and Benefits ................................. 594,803 692,859 691,030 

Training and Recruiting: 

Training and Education ........................................................ 84,622 96,205 98,600 

Recruiting and Training Centers .......................................... 100,982 99,858 100,086 

Subtotal, Training and Recruiting ........................................ 185,604 196,063 198,686 

Operating Funds and Unit Level Maintenance: 

Atlantic Area Command ........................................................ 176,923 175,918 175,963 

Pacific Area Command ......................................................... 198,580 195,957 196,506 

1st District ............................................................................ 58,573 58,641 59,205 

5th District ............................................................................ 22,222 21,619 21,909 

7th District ............................................................................ 77,138 77,258 77,436 

8th District ............................................................................ 46,126 46,317 47,338 

9th District ............................................................................ 32,084 31,293 31,607 

11th District .......................................................................... 17,437 17,185 17,693 

13th District .......................................................................... 23,230 22,689 22,969 

14th District .......................................................................... 19,401 19,073 19,134 

17th District .......................................................................... 31,734 26,107 30,988 

Headquarter Directorates ...................................................... 269,303 320,225 320,991 

Headquarter Managed Units ................................................. 130,450 156,874 159,354 

Other Activities ..................................................................... 31,680 786 825 

Subtotal, Operating funds and unit level maintenance .. 1,134,881 1,169,942 1,181,918 

Centrally-managed accounts ......................................................... 229,896 262,795 267,229 

Intermediate and Depot Level Maintenance 

Aeronautical .......................................................................... 295,950 310,207 310,207 

Electronic .............................................................................. 118,983 133,116 133,926 

Civil/Ocean Engineering & Shore Facilities .......................... 171,317 176,124 178,363 

Vessel .................................................................................... 167,940 195,459 197,747 

Subtotal, Intermediate and depot level maintenance ..... 754,190 814,906 820,243 

Port and maritime security enhancements: .................................. 1 70,300 ( 2 ) ( 2 ) 

Subtotal, Operating Expenses .......................................... 5,891,347 6,213,402 6,280,497 

DOD transfer, fiscal year 2008 supplemental appropriations ...... 110,000 ............................ ............................
77 

OPERATING EXPENSES—Continued 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Total, Operating Expenses ................................................ 6,001,347 6,213,402 6,280,497 

1 Emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 

2 Funded in traditional program, project, and activities [PPA]. 

TRANSFER ASSOCIATED WITH DEEPWATER MANAGEMENT

The Committee approves the request to transfer $3,859,000 from 

the Systems Engineering and Integration PPA in the Acquisition, 

Construction, and Improvements [AC&I] appropriation to the Operating Expenses appropriation for General Services Administration 

[GSA] rent. This transfer is necessary to move all Government personnel and Government support contractors to one location and is 

part of the Coast Guard’s strategy to shift management and oversight responsibilities from Deepwater contractor to the Coast 

Guard. 

ACQUISITION PERSONNEL

Consistent with the budget request, the Committee transfers 

$82,215,000 and 652 FTE from AC&I appropriation to OE appropriation to increase the oversight and ability to manage multiple 

major acquisition projects. This transfer will improve the stewardship of major systems acquisition, such as the Integrated Deepwater Systems Program. By transferring AC&I funding to OE, personnel can be surged to and from AC&I projects where needed and 

allow flexibility to match competencies to core requirements. 

The Committee recommends $4,500,000 to hire 65 additional personnel to enhance the Coast Guard’s ability to perform the systems 

integrator role for the Integrated Deepwater Program and to execute traditional acquisition projects. The recommended level is 

$4,498,000 below the request. The Committee fully supports the 

Coast Guard’s effort to be the systems integrator for the Integrated 

Deepwater Program. However, the request included funds for ‘‘fullyear’’ FTE, which means the 65 new positions would need to be onboard by October 1, 2008. Given the Coast Guard’s 18.5 percent vacancy rate for acquisition personnel, this is an unrealistic proposal. 

Therefore, the Committee recommendation provides half-year funding for this initiative. The Committee expects the Coast Guard to 

fully annualize the positions in fiscal year 2010. 

LONG RANGE AIDS TO NAVIGATION-C

The Committee denies the request to transfer $34,500,000 to the 

National Protection and Programs Directorate [NPPD] for operations and maintenance of Long Range Aids to Navigation [loran] 

stations. There are no merits in transferring operations and maintenance costs from the Coast Guard to NPPD and then transfer 

funding back administratively to the Coast Guard to continue operation of loran-C. The Committee has no prejudice with NPPD assuming a dominant role in the development of the Enhanced Long 

Range Navigation system. NPPD should determine how much it 
78 

will need to develop this new system and request resources accordingly. 

NATIONAL MARITIME CENTER

The Committee recommendation includes $19,800,000 for the National Maritime Center, the same level included in the budget request. 

OPERATIONS SYSTEMS CENTER

The recommendation includes $3,600,000 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 3 years and it will 

not accommodate expected growth. The Coast Guard is currently 

housing several employees in temporary trailers. The Coast Guard 

is working with the GSA on this expansion. 

USCGC ‘‘ACUSHNET’’ 

The Committee does not agree with the budget proposal to decommission the USCGC Acushnet after two quarters of operation in 

fiscal year 2009. Decommissioning this vessel at this time will negatively impact the Coast Guard’s ability to patrol the Bering Sea 

and Aleutian Islands. The total amount recommended by the Committee for OE makes $7,600,000 available to crew and operate the 

USCGC Acushnet through the end of fiscal year 2009. 

WATCHSTANDERS

The Committee provides $9,890,000 to meet increased operational demands and to increase situational awareness and information sharing in all Coast Guard command centers. The recommended level is $3,600,000 above the request. This level of funding will allow the Coast Guard to add a total of 168 new 

watchstanders, 67 above the request. As noted in the Incident Specific Preparedness Review of the Cosco Busan Oil Spill in the San 

Francisco Bay, ‘‘the importance of qualified watch standers cannot 

be overstated.’’ This funding will complete the Coast Guard’s goal 

to provide 24/7 staffing of a situation unit controller position in sector command centers, a combined situation unit controller/common 

operating picture manager in district command centers, and support billets at the Coast Guard Command and Control Center. 

AREA CONTINGENCY PLANS

The Committee is concerned that regional planning efforts dealing with maritime emergencies and oil spills are not up to date. 

Therefore, the Committee directs the Secretary, in conjunction with 

the Commandant, to conduct a review of all Area Contingency 

Plans [ACP] within 90 days after the date of enactment of this act 

to ensure that each plan provides for an effective and efficient response. In conducting this review, the Secretary shall assess: the 

number and quality of emergency and oil spill response assets; the 
79 

accessibility and strategic placement of emergency and oil response 

assets; procedures for the designation of an Incident Command 

Post [ICP] and the strategic pre-placement of necessary resources 

for the ICP; specific procedures for response efforts during hazardous weather conditions, including low visibility; the extent to 

which local governments and interest groups participate in the development of the ACP; the extent to which ACP stakeholders are 

regularly notified of changes and updates to the plan; and the 

prioritization of response efforts in sensitive environmental areas. 

Upon conclusion of this study, the Secretary shall report the findings to the Committee. 

PORT SECURITY PRESENCE

The Committee continues to be concerned that the Coast Guard 

lacks the necessary resources to meet port security requirements, 

such as waterborne security patrols, high-interest vessel boardings 

and escorts, and enforcement of waterside security zones. According 

to the Coast Guard, resource constraints make it difficult to meet 

critical infrastructure protection requirements under the Maritime 

Transportation Security Act. Fiscal year 2007 performance data included in the budget request shows that the Coast Guard was unable to make required checks on critical infrastructure 33 percent 

of the time, primarily due to a shortfall of boats, crews, and training. Further, according to the Coast Guard, 48 of the 55 militarily 

and economically strategic ports were not able to meet all port security requirements defined under Operation Neptune Shield, such 

as security patrols, vessel boardings and escorts, and military 

outload support. Despite these gaps, the budget request includes a 

$14,992,000 reduction for port presence and coastal security. The 

Committee denies the reduction. The Coast Guard is to use these 

funds to add 170 billets for marine inspectors and boat crew personnel to conduct armed boat escorts, security boardings, and terminal inspections of Certain Dangerous Cargoes transport and delivery. 

INCREASED OPERATIONAL HOURS FOR COASTAL PATROL BOATS

The Coast Guard continues to face a significant gap in patrol 

boat hours that has been created by the decommissioning of eight 

123 foot cutters, delays in replacing aging 110 foot patrol boats, 

and a significant increase in mission requirements. The Committee 

has gone to great lengths to mitigate this patrol gap by accelerating funding for the fast response cutter [FRC–B], purchasing 

four additional coastal patrol boats [CPB], and funding a shortterm multi-crewing initiative to increase operational hours. The 

Committee expands on these efforts by providing $8,300,000 and 91 

full-time positions to increase the operational hours of the 87 foot 

CPB fleet from 1,800 to 2,000 hours annually. This increase will 

provide an additional 13,000 CPB annual hours, allowing the more 

capable 110 foot patrol boats to focus on missions requiring higher 

operational tempo until the initial FRC–B’s are ready for mission 

activities in 2012. The Coast Guard is directed to brief the Committee on the results of this effort 6 months after it is put into operation. 
80 

ENERGY FUNDING SHORTFALL

The Committee notes that the Coast Guard faces a significant 

shortfall in energy funds for fiscal year 2009. Current crude oil 

prices are over 46 percent higher than estimated at the time of the 

President’s budget request. The Coast Guard is now projecting an 

energy funding shortfall of over $110,000,000 for fiscal year 2009. 

This increase will have a considerable impact on Coast Guard operations, as the energy account pays for all aircraft, cutter and shore 

side fuel oil, electricity, and natural gas. The Committee encourages the administration to submit a budget amendment to adequately fund Coast Guard energy costs for fiscal year 2009. The 

Coast Guard is directed to brief the Committee by July 25, 2008, 

on plans to address the projected shortfall. 

WORKFORCE ACTION PLAN

The Committee is concerned that the Coast Guard’s limited 

workforce has impacted its ability to fully accomplish its mission. 

The Coast Guard workforce is approximately the same size today 

as it was at the end of fiscal year 1975. However, mission responsibilities today are exponentially greater. For instance, over the 

last 10 years, the number of Coast Guard marine inspectors decreased by 1 percent while foreign vessel arrivals increased by 61 

percent. The amount of global maritime cargo has tripled in the 

past 10 years, and seaborne trade through U.S. ports is expected 

to double by 2024. Mission hours Coast Guard-wide have grown 34 

percent since fiscal year 2001. Yet, the Coast Guard has been unable to address the full scope of the staffing shortage because it has 

not completed the necessary human resource requirements analysis 

to fully understand its staffing needs. Therefore, the Committee directs the Commandant to develop a workforce action plan to include: the staffing levels necessary for active duty and reserve military members, as well as for civilian employees to carry out all 

Coast Guard missions, including gaps in the Coast Guard workforce as of the date of enactment of this act; type of personnel necessary to fill gaps; a plan, including funding, milestones, and a 

timeline for addressing personnel gaps for each category of employee; specific strategies for recruiting individuals for hard-to-fill 

positions; and any additional authorities and resources necessary 

to address staffing requirements. 

FINANCIAL MANAGEMENT WEAKNESSES

The Committee is concerned with the lack of progress made by 

the Coast Guard to address financial management weaknesses. According to the 2007 independent auditors’ report of DHS’ financial 

systems, the Coast Guard has been unable to correct known weaknesses preventing accurate, complete, and timely financial information. These weaknesses have greatly contributed to the auditors’ inability to provide an opinion on the Department’s balance sheets. 

While a corrective action plan has been developed by the Coast 

Guard, the Chief Financial Officer [CFO] has noted several areas 

where Coast Guard corrective actions need improvement. The Committee directs the Coast Guard, in collaboration with the CFO, to 

brief the Committee by April 1, 2009, on the development of an 
81 

audit readiness plan to attain a clean audit and a strategy to accelerate the remediation of gaps in the Coast Guard’s core accounting 

systems. The plan should detail the resources, including staffing, 

necessary to fully implement the strategy, and the benefits of accelerating the Coast Guard financial system migration to the DHS 

Transformation and Systems Consolidation baseline. The Committee also directs the Coast Guard to incorporate the National 

Academy of Public Administration’s independent assessment of its 

financial management organization into the workforce action plan 

discussed earlier in this report. 

POLAR ICEBREAKERS

The Committee reiterates its concern with the Coast Guard’s 

ability to meet its current and projected polar operations responsibilities. According to correspondence from the Commandant on 

May 23, 2008, the Coast Guard will submit a report on polar mission requirements no later than August 31, 2008. The Committee 

expects this report to address the concerns detailed in the explanatory statement accompanying the Department of Homeland Security Appropriations Act, 2008. The Committee also expects all costs 

to operate the polar icebreakers for National Science Foundation 

[NSF] research, including unanticipated maintenance, will be reimbursed by NSF. However, the Committee notes that the NSF budget request states, ‘‘Effective with the fiscal year 2009 budget, NSF 

will no longer provide funds to maintain the USCGC Polar Star in 

caretaker status because NSF does not envision current or future 

use of this vessel in support of its mission.’’ Due to the changing 

environmental conditions and increased activity in the polar regions, as well as the Coast Guard’s multi-mission responsibilities 

in the polar regions that are not science related, the Committee includes statutory language making an additional $4,000,000 available to maintain the USCGC Polar Star in caretaker status. The 

Committee also notes that the forthcoming report on Coast Guard 

polar mission requirements will address the sustainability of the 

current operations and maintenance cost sharing arrangement between the Coast Guard and the NSF to support both current and 

projected polar icebreaker operations. 

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. 

The Committee directs the Commandant to submit a report detailing the projected workload for the current calendar year and 

each of the subsequent 5 calendar years at the Coast Guard Yard 

at Curtis Bay, Maryland, and the total full-time equivalents [FTE] 

dedicated to meet that workload. The report shall: (1) detail work 

projects to be undertaken during the current calendar year and 

during each of the next 5 calendar years as part of the Mission Effectiveness Program [MEP] and projects projected to be undertaken 
82 

that are not associated with the MEP; (2) identify the number of 

regular full-time employees, term employees, and employees in any 

other classification that are projected to be employed in any capacity at the yard in each such calendar year; (3) specify how many 

of the employees in any capacity that are expected to be employed 

at the yard in each such year are expected to be uniform members 

of the Coast Guard and how many are expected to be civilians; (4) 

identify how many employees in any capacity (whether uniform or 

civilian) are projected to be assigned in each such calendar year to 

each of overhead positions, engineering positions, waterfront support positions, and waterfront trade positions to meet projected 

workloads in that year; (5) identify the amount of overtime in each 

of overhead positions, engineering positions, waterfront support positions, and waterfront trade positions that will be required to meet 

the projected workload in each such calendar year; (6) identify the 

number of trades training students that are projected to be trained 

at the yard in each such calendar year; and (7) address whether 

the FTE ceiling in place for the yard is sufficient to allow all work 

projects scheduled for the current calendar year to be completed on 

schedule, and what level of FTE is likely to be required in each of 

the subsequent 5 calendar years to allow completion on schedule of 

the projected workload in each of those years. The Commandant is 

to submit the report within 6 months after the date of enactment 

of this act. 

MARINE VESSEL AND COLD WATER SAFETY EDUCATION

The Committee encourages the Coast Guard to continue existing 

cooperative agreements and partnerships with organizations that 

provide marine vessel safety training and cold water immersion 

education and outreach programs for fishermen and children. 

QUARTERLY ACQUISITION AND MISSION EMPHASIS REPORTS

The Commandant is directed to continue to submit the quarterly 

acquisition and mission emphasis reports to the Committee consistent with the deadlines articulated under section 360 of division 

I of Public Law 108–7, and the joint explanatory statement accompanying the Department of Homeland Security Appropriations Act, 

2008. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriations, 2008 ............................................................................. $13,000,000 

Budget estimate, 2009 ........................................................................... 12,315,000 

Committee recommendation ................................................................. 12,315,000 

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 regulatedsubstance 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. 
83 

COMMITTEE RECOMMENDATIONS

The Committee recommends $12,315,000 for environmental compliance and restoration, $685,000 below the fiscal year 2008 level 

and the same as in the budget request. 

RESERVE TRAINING

Appropriations, 2008 ............................................................................. $126,883,000 

Budget estimate, 2009 ........................................................................... 130,501,000 

Committee recommendation ................................................................. 130,501,000 

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 $130,501,000, as proposed in the 

budget, for Reserve Training. This is $3,618,000 more than the fiscal year 2008 level. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

Appropriations, 2008 1 ........................................................................... $1,125,083,000 

Budget estimate, 2009 ........................................................................... 1,205,118,000 

Committee recommendation ................................................................. 1,266,818,000 

1 Includes $95,800,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). Excludes $132,449,000 in rescissions 

pursuant to Public Law 110–161. 

Funding in this account supports Coast Guard plans for fleet expansion and improvement. This funding provides for the acquisition, construction, and improvement 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. 
84 

COMMITTEE RECOMMENDATIONS

The Committee recommends $1,266,818,000 for acquisitions, construction, and improvements, including $20,000,000 from the Oil 

Spill Liability Trust Fund. As requested in the budget, the Committee recommends $82,215,000 for personnel and related support 

to the ‘‘Operating Expenses’’ [OE] account instead of the ‘‘Acquisition, Construction, and Improvements’’ [AC&I] account. 

The recommendation also includes the transfer of $3,859,000 

from the Systems Engineering and Integration PPA under Integrated Deepwater Systems to OE as requested. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 

[In thousands of dollars] 

Fiscal year 2008 enacted 1Fiscal year 2009 

budget request 2

Committee recommendations 

Vessels: 

Response Boat—Medium ..................................................... 45,000 64,000 108,000 

Inland River Tender Replacement ........................................ ............................ 5,000 5,000 

Subtotal, Vessels .............................................................. 45,000 69,000 113,000 

Integrated Deepwater System: 

Aircraft: 

Maritime Patrol Craft ................................................... 170,016 86,600 86,600 

Unmanned Aircraft Systems ........................................ ............................ 3,000 3,000 

HH–60 conversion ........................................................ 57,300 52,700 52,700 

HC–130H conversion/sustainment ............................... 18,900 24,500 24,500 

HH–65 conversion/sustainment ................................... 50,800 64,500 64,500 

Armed Helicopter equipment ....................................... 24,600 ............................ ............................

HC–130J fleet introduction .......................................... 5,800 ............................ 23,700 

Subtotal, Aircraft ..................................................... 327,416 231,300 255,000 

Surface: 

National Security Cutter .............................................. 165,700 353,700 353,700 

Offshore patrol cutter .................................................. ............................ 3,003 3,003 

Replacement patrol boat (FRC–B) .............................. ............................ 115,300 115,300 

IDS Small boats ........................................................... 2,700 2,400 2,400 

Patrol boats sustainment ............................................ 40,500 30,800 30,800 

Medium Endurance Cutter sustainment ...................... 34,500 35,500 35,500 

Subtotal, Surface ..................................................... 243,400 540,703 540,703 

Technology Obsolescence Prevention ............................................. 700 1,500 1,500 

C4ISR ............................................................................................. 89,630 88,100 88,100 

Logistics ......................................................................................... 36,500 37,700 37,700 

Systems engineering and integration ............................................ 35,145 33,141 33,141 

Government program management ............................................... 50,475 58,000 58,000 

Subtotal, Integrated Deepwater System ........................... 783,266 990,444 1,014,144 

Other Equipment: 

Nationwide Automatic Identification System ........................ 12,000 14,600 8,600 

Defense Messaging System .................................................. 5,000 4,074 4,074 

Rescue 21 ............................................................................. 80,300 73,000 73,000 

High Frequency [HF] Recapitalization .................................. 2,500 2,500 2,500 

National Capital Region Air Defense .................................... 11,500 ............................ ............................

Maritime Security Response Team Shoot House .................. 1,800 ............................ ............................

Interagency Operations Centers ............................................ 60,000 ............................ ............................
85 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS—Continued 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 2

Committee 

recommendations 

Command 21 ........................................................................ ............................ 1,000 1,000 

Subtotal, Other Equipment ............................................... 173,100 95,174 89,174 

Shore Facilities and Aids to Navigation: 

Survey and Design—Shore and Operational Support .......... 1,337 2,050 2,050 

Coast Guard Telecoms and Information Systems Center— 

TSD Building ..................................................................... ............................ 2,500 2,500 

Coast Guard Air Station Cape Cod—Runway Lighting ....... ............................ 5,000 5,000 

Sector Delaware Bay—Consolidate Cape May Station ........ ............................ 13,000 13,000 

Coast Guard Housing—Cordova, Alaska ............................. 7,380 11,600 11,600 

Coast Guard Academy—Chase Hall .................................... ............................ 10,300 10,300 

Station Montauk—Purchase Housing .................................. ............................ 1,550 1,550 

Waterways ATON Infrastructure ............................................ 2,500 4,000 4,000 

Sector Buffalo ....................................................................... 3,100 ............................ ............................

Rebuild Station & Waterfront at Base Galveston Phase I ... 5,200 ............................ ............................

Rebuild Station Marquette .................................................... 6,000 ............................ ............................

Rescue Swimmer Training Facility ....................................... 13,300 ............................ ............................

Construct Berthing & Boat Maintenance Bay at Station 

Washington ....................................................................... 2,180 ............................ ............................

Subtotal, Shore Facilities and Aids to Navigation ...... 40,997 50,000 50,000 

Personnel and Related Support:

Direct personnel costs .......................................................... 82,215 ............................ ............................

AC&I core .............................................................................. 505 500 500 

Subtotal, Personnel and Related Support ........................ 82,720 500 500 

Subtotal, Acquisitions, Construction, and Improvements ........................................................................... 1,125,083 1,205,118 1,266,818 

Rescissions: 

UAV Unobligated balances ................................................... ¥33,822 ............................ ............................

OPC Unobligated balances ................................................... ¥98,627 ............................ ............................

Total, Acquisitions, Construction, and Improvements ..... 992,634 1,205,118 1,266,818 

1 Includes $95,800,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 

110–161). 2 $82,215,000 for personnel and related support is provided in the ‘‘Operating Expenses’’ account as requested. 

RESPONSE BOAT—MEDIUM

The Committee recommends $108,000,000 for the response boatmedium [RB–M], $63,000,000 above the fiscal year 2008 level and 

$44,000,000 above the level proposed in the budget. Funding at 

this level will allow the Coast Guard to purchase 36 RB–Ms in fiscal year 2009, 22 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 1970’s 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. 

DEEPWATER FUNDING

The Committee recommends $1,014,144,000 for Deepwater, 

$23,700,000 above the amount requested and $230,878,000 above 
86 

the fiscal year 2008 level. Details of major procurements under this 

program and changes to the request are provided below. 

MARITIME PATROL AIRCRAFT

The recommendation includes $86,600,000 for the Maritime Patrol Aircraft, the same as the level requested in the budget. This 

funding will allow the Coast Guard to acquire two aircraft (13 and 

14), mission systems, logistics and spare parts. Once fully 

missionized, these aircraft will provide 2,400 annual maritime patrol hours. 

NATIONAL SECURITY CUTTER

The recommendation includes $353,700,000 for the National Security Cutter [NSC], the same as the budget request. Of this 

amount, $346,600,000 is for the production of NSC #4 and 

$7,100,000 is for the structural retrofit of NSC #1. On May 8, 2008, 

the first NSC was accepted by the Coast Guard. NSC #1 has now 

entered a 22–24 month operation, test, and evaluation period. The 

Coast Guard has highlighted Information Assurance as a significant risk category. For example, the Coast Guard must meet TEMPEST certification to prevent unintended information emanation, 

and in order to process classified information. This certification has 

not occurred. The Coast Guard is to keep the Committee updated 

on progress made to resolve ongoing information assurance issues, 

including TEMPEST certification, in addition to the status of critical decision points and dates for all NSC’s. 

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. 

REPLACEMENT PATROL BOAT

The recommendation includes $115,300,000 for the Coast Guard’s 

replacement patrol boat known as the ‘‘Fast Response Cutter’’ 

[FRC–B]. Of this amount, $94,000,000 is for production of FRC–B 

#3 and #4 and $21,300,000 is for logistics (spares, program management, and crew training). The FRC–B program is critical for the 

Coast Guard to close the Coast Guard’s patrol boat hours gap, 

which is approximately 100,000 hours below the desired level. The 

first FRC–B is scheduled for delivery during the fourth quarter of 

2010 and will be ready for mission status in 2012. The Committee 

directs the Coast Guard to provide 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 $66,300,000 for the Mission Effectiveness Project, the same as the budget request. Of this amount, 

$35,500,000 is for sustainment of two 270 feet and three 210 feet 

medium endurance cutters, and $30,800,000 is for sustainment of 
87 

three 110 feet legacy patrol boats. This funding will allow the 

Coast Guard to extend the operational life of critical legacy cutters 

until Deepwater assets become available for missions. 

C–130J MISSIONIZATION AND FLEET INTRODUCTION

The Committee recommends $23,700,000 to complete the 

missionization of aircraft 4 through 6, to include radars, sensors, 

identification systems, displays, antennas, and a mission operator’s 

station. The request included no funding for this program. In November 2007, the Coast Guard reported the missionization project 

for the six C–130J’s in inventory exceeded the estimated cost to 

complete by 15 to 20 percent, resulting in the missionization of 

only aircraft 1 through 3. While the Committee remains concerned 

with the program’s price escalation, missionizing aircraft 4 through 

6 is critical to closing the shortfall of maritime patrol resource 

hours, which is nearly 50 percent below its resource hour needs. 

DEEPWATER EXPENDITURE PLAN

The Committee requires the Coast Guard to submit an expenditure plan for Deepwater that contains the following: lifecycle staffing and training needs; identification of procurement competition 

and procurement plans that do not rely on a single entity or contract and contain only limited indefinite delivery, indefinite quantity contracts; activities, milestones, yearly costs, and lifecycle costs 

of each major asset, including independent cost estimates; DHS 

Chief Human Capital Officer certification of sufficient human capital capabilities; identification of project balances by fiscal year and 

operational gaps for each asset; DHS Chief Procurement Officer 

[CPO] certification of investment management process compliance; 

DHS CPO certification of compliance with Federal acquisition rules 

and actions taken to address areas of noncompliance; status of 

open Inspector General and Government Accountability Office 

[GAO] recommendations; and identification of the use of the Defense Contract Auditing Agency. GAO is directed to continue oversight of the Deepwater program, with focus on review of the expenditure plan and assessment of the operational gaps identified 

by the Coast Guard and the Coast Guard’s plans to address these 

gaps. The Coast Guard is directed to brief the Committee on the 

process it will use to resolve deviations from specified contract requirements and to promptly notify the Committee of specific procurement contract deviations. 

INTERAGENCY OPERATIONS CENTERS

The Committee notes that the expenditure plan for interagency 

operations centers submitted to the Committee on March 30, 2008, 

lacked critical details on the development of Command 21, provided 

limited information on cost estimates and timelines for infrastructure upgrades at selected sector commands, and did not provide a 

schedule for deployment of information management software. The 

Committee directs the Coast Guard to provide quarterly briefings 

on the status and development of interagency operations centers. 

The first briefing shall include a detailed explanation of how the 

operational requirements for the Watchkeeper information tech-
88 

nology system were developed and validated, how the system is 

being coordinated with existing Coast Guard and U.S. Customs and 

Border Protection systems, and how the Coast Guard has incorporated lessons learned from existing pilot technologies. In addition, the quarterly report on acquisitions shall include the status 

of interagency operations centers. 

DEEPWATER HUMAN CAPITAL

In accordance with section 6402 of the fiscal year 2007 Supplemental Appropriations Act (Public Law 110–28), the Coast Guard 

submitted a report on the resources (including training, staff, and 

expertise) required to provide appropriate management and oversight of the Integrated Deepwater Systems program. The report 

provided limited insight into the Coast Guard’s human capital requirements, except to say that a workforce resource plan was being 

developed that provides the framework for assessing current and 

future workforce needs. Given the challenges this program has experienced and the Coast Guard’s intention to assume the role of 

system integrator for all Deepwater assets, the Committee is concerned with the lack of progress made in developing workforce estimates. The Coast Guard is to brief the Committee by July 31, 

2008, detailing the results of its workforce forecasting process and 

plans to fill staffing shortfalls that will ensure a capable and productive acquisition workforce now and in the future. 

RESCUE 21

The Committee provides $73,000,000 for Rescue 21, the same as 

the budget request level. The Committee remains concerned with 

the status of the Rescue 21 program. As noted in the most recent 

Coast Guard quarterly acquisition report, program costs and schedule are ‘‘red’’ for ‘‘significant risk’’, which is defined as ‘‘[m]ajor 

problems requiring management attention.’’ The Coast Guard’s recent revision to the Rescue 21 Acquisition Program Baseline revealed that the overall acquisition cost is now estimated to be 

$1,066,000,000, an increase of $336,000,000. In addition, the schedule to complete the program has been extended by 6 years from 

2011 to 2017. 

The acquisition report noted problems with ‘‘obtaining tower 

leases, environmental concerns, FAA restrictions, wetland delineation, and structural integrity issues.’’ As a result, the Coast Guard 

has been delayed in fielding Rescue 21 technology at certain sites. 

The report also raises concerns with network reliability, although 

the Rescue 21 system experiences substantially less outage time 

than the legacy system. The Coast Guard is directed to continue 

quarterly briefings on the status of the program, including plans 

for backup communications systems to address availability concerns. 

NATIONWIDE AUTOMATIC IDENTIFICATION SYSTEM

The Committee provides $8,600,000, $6,000,000 below the budget 

request, for the Nationwide Automatic Identification System 

[NAIS]. The reduction from the request is due to delays in achieving initial operating capability for increment 2 of NAIS. According 
89 

to information included in the most recent quarterly acqusition report, increment 2 is more likely to be achieved by the fourth quarter of 2010, a full year later than the schedule detailed in the budget request. The Coast Guard has consistently carried over larger 

balances than projected for this program, and as of March 31, 2008, 

over $37,000,000 remained unobligated. The Committee has little 

confidence the requested amount will be fully obligated in fiscal 

year 2009 and therefore reduces the request by $6,000,000. 

COAST GUARD ACADEMY PIER FOR USCGC ‘‘EAGLE’’ 

The Committee continues to be concerned with the pier used to 

winter-berth the USCGC Eagle at the Coast Guard Academy. The 

condition of 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. However, the request includes no funding for renovation or replacement of the pier. According to the Coast Guard, a planning proposal for the pier will be 

completed in July 2008. Once approved, the pier project qualifies 

for survey and design funding. The Committee encourages the 

Coast Guard to expeditiously address the needs of the USCGC 

Eagle pier. 

ACQUISITION PERSONNEL

As noted previously under the OE account in this report and consistent with the request, the Committee provides funding in the 

Coast Guard’s OE appropriation for personnel compensation, benefits, and the related costs of personnel administration for projects 

funded by the AC&I appropriation. 

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, 2008 ............................................................................. $16,000,000 

Budget estimate, 2009 ........................................................................... ..................... 

Committee recommendation ................................................................. 16,000,000 

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. 
90 

COMMITTEE RECOMMENDATIONS

The Committee provides $16,000,000 for the alteration of 

bridges. This is the same as the fiscal year 2008 level and 

$16,000,000 more than the budget request. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

ALTERATION OF BRIDGES 

[In thousands of dollars] 

Fiscal year 

2008 enacted 

Fiscal year 

2009 budget 

request 

Committee 

recommenda- tions 

Elgin, Joliet, and Eastern Railway Company Bridge in Morris, Illinois ................ 2,000 .................... 2,125 

Fourteen Mile Bridge in Mobile, Alabama ............................................................. 3,750 .................... 3,750 

Burlington Northern Railroad Bridge in Burlington, Iowa ..................................... 1,000 .................... 2,125 

Chelsea Street Bridge in Chelsea, Massachusetts ............................................... 2,000 .................... 2,125 

Canadian Pacific Railway Bridge in LaCrosse, Wisconsin ................................... 3,500 .................... 2,125 

Galveston Causeway Bridge in Galveston, Texas .................................................. 3,750 .................... 3,750 

Total, Alteration of Bridges ...................................................................... 16,000 .................... 16,000 

ELGIN, JOLIET, AND EASTERN RAILWAY COMPANY BRIDGE

The Committee is concerned about the alteration of the Elgin, Joliet, and Eastern Railway Company Bridge near Morris, Illinois. 

Through fiscal year 2008, the Committee has provided $14,300,000 

for this important bridge project. It is the Committee’s understanding that final design and engineering work has been completed. The recommendation includes $2,125,000 for this bridge 

project and encourages the Coast Guard to begin construction as 

expeditiously as possible. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Appropriations, 2008 ............................................................................. $25,000,000 

Budget estimate, 2009 ........................................................................... 16,000,000 

Committee recommendation ................................................................. 16,000,000 

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 $16,000,000 for the Coast Guard’s 

research, development, test, and evaluation activities, the same as 

the request and $9,000,000 below the fiscal year 2008 level. 

RETIRED PAY

Appropriations, 2008 ............................................................................. $1,184,720,000 

Budget estimate, 2009 ........................................................................... 1,236,745,000 

Committee recommendation ................................................................. 1,236,745,000 

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 re-
91 

tired 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 $1,236,745,000, as proposed in the 

budget, for retired pay. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

Appropriations, 2008 ............................................................................. $1,381,771,000 

Budget estimate, 2009 ........................................................................... 1,410,621,000 

Committee recommendation ................................................................. 1,414,279,000 

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 $1,414,279,000 for Salaries and Expenses. This is an increase of $32,508,000 from the comparable fiscal year 2008 level and an increase of $3,658,000 from the level 

proposed in the budget. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

UNITED STATES SECRET SERVICE—SALARIES AND EXPENSES 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Headquarters, Management, and Administration ..................................... 175,934 182,104 182,104 

Protection: 

Protection of Persons and Facilities ................................................. 693,535 710,468 710,468 

Protective Intelligence Activities ....................................................... 57,704 59,761 59,761 

National Special Security Events ...................................................... 1,000 1,000 1,000 

Presidential Candidate Nominee Protection ..................................... 85,250 41,082 41,082 

White House Mail Screening ............................................................. 16,201 36,701 30,701 

Subtotal, Protection ...................................................................... 853,690 849,012 843,012 

Investigations: 

Domestic Field Operations ................................................................ 219,742 241,772 241,772 

International Field Office, Administration, Operations, and Training ................................................................................................ 27,520 28,342 30,000 

Electronic Crimes Special Agent Program and Electronic Crimes 

Task Forces ................................................................................... 44,565 47,836 55,836 

Support for Missing and Exploited Children .................................... 8,366 8,366 8,366 

Subtotal, Investigations ............................................................... 300,193 326,316 335,974 
92 

UNITED STATES SECRET SERVICE—SALARIES AND EXPENSES—Continued 

[In thousands of dollars] 

Fiscal year 2008 enacted Fiscal year 2009 

budget request 

Committee recommendations 

Training: Rowley Training Center .............................................................. 51,954 53,189 53,189 

Total, Salaries and Expenses ....................................................... 1,381,771 1,410,621 1,414,279 

OVERTIME CAP

Last year the House-passed Department of Homeland Security Appropriation bill, 2008 (H.R. 2638) placed a $35,000 overtime limitation on compensation received by Secret Service agents, similar 

to an existing limitation on U.S. Customs and Border Protection 

agents. The Secret Service responded to this provision by stating 

that, ‘‘This constraint on the amount that can be paid for overtime 

work, because of the uncertain and variable nature of the Service’s 

protective mission, could have very grave and unintended consequences.’’ Further, the Office of Management and Budget’s 

[OMB] Statement of Administration Policy in the bill indicated: 

‘‘The administration strongly objects to the limitation on overtime 

compensation for Secret Service employees. Given the uncertain 

and variable nature of the Service’s protective mission and the 

need for personnel with varied specialized skills, this language 

would impair the Service’s ability to meet its mission. In addition, 

it would not reduce costs and would require new administrative 

systems to monitor overtime per employee.’’ 

Based on the OMB argument, the Committees on Appropriations 

of the House of Representatives and the Senate did not include the 

House provision in the final bill that was signed into law on December 26, 2007. On February 4, 2008, 6 weeks later, the President’s fiscal year 2008 budget reverses course and requests a 

$35,000 cap on overtime compensation received by Secret Service 

agents. The Committee agrees to establish such a limitation, but 

only after the Director of OMB certifies that such a cap will not 

significantly impact the mission of the Secret Service and will result in reduced costs. 

PROTECTION OF FORMER VICE PRESIDENTS

The United States Secret Service is authorized under section 

3056(a) of title 18, United States Code, to protect a number of individuals, including the President and his family. This administration has greatly expanded protection to many individuals not designated by section 3056(a) of title 18, United States Code, and now 

requests statutory authority in the appropriations act to continue 

protection for a Vice President and his spouse, if warranted, during 

the 6 months after an individual ceases to serve as Vice President, 

or thereafter on a temporary basis at any time the Secretary determines that information or conditions warrant such protection. By 

executive order or joint congressional resolution, every former Vice 

President since Hubert Humphrey has received protection as needed. The Committee supports providing security to former Vice 

Presidents as needed, and includes 1-year authority to do so. The 

Committee notes that the House has already passed the Former 
93 

Vice President Protection Act of 2008 (H.R. 5938) to provide such 

protection permanently. 

PROTECTION VERSUS INVESTIGATIONS

In fiscal year 2002, Secret Service agents, on average, spent approximately 55 percent of their time protecting the first family and 

others, and 45 percent of their time investigating financial crimes 

and other non-protective activities. For fiscal year 2009, the Secret 

Service estimates that it will devote 71 percent of its efforts on protection, while only 29 percent of its time will be spent on investigations. The protection the Secret Service provides is vital to the Nation’s interests. So are its investigations. Congress granted the 

agency flexibility in fiscal year 2008 to shift resources between investigative activities and protective activities; however, the Committee continues to be concerned that the Department is not sufficiently allocating resources between the dual missions and urges 

the administration to develop better metrics. 

CYBER CRIME INVESTIGATIONS

The Committee recommends $55,836,000 for cyber crime investigations, an increase of $8,000,000 above the request. The Committee is aware that the Secret Service’s investigative mission has 

expanded in recent years and is now challenged to protect the Nation’s financial infrastructure from computer and web-based intrusions. The Internet is global, and so are the threats to our money 

supply and banks. The personal information of American citizens 

is regularly bought and sold by foreign web-based vendors where 

discounts are given for bulk purchases of credit card numbers, 

automatic teller machine card data, personal identification numbers, and Social Security numbers. The $8,000,000 increase above 

the request will provide further resources to the Secret Service’s 

law enforcement initiatives in this area. 

INTERNATIONAL OPERATIONS

Given the increasing globalization of financial crimes and an increased reliance on the cooperation of foreign governments in the 

detection, apprehension and conviction of foreign criminals, the 

Committee recommends $30,000,000 for International Field Office 

Administration and Operations, $1,658,000 above the budget request, to expand foreign field office operations. 

WHITE HOUSE MAIL SCREENING

The Committee notes that construction on the new White House 

mail facility has been sufficiently delayed to prevent occupancy 

prior to fiscal year 2010 and therefore denies the $6,000,000 increase sought for rental payments to the General Services Administration for fiscal year 2009 rent. 

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. 
94 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

Appropriations, 2008 ............................................................................. $3,725,000 

Budget estimate, 2009 ........................................................................... 3,725,000 

Committee recommendation ................................................................. 3,725,000 

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 $3,725,000, as 

proposed in the budget, for acquisition, construction, repair, and 

improvement expenses of the Secret Service for fiscal year 2009. 
(95) 

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, and identity safeguards for visitors to this country. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE 

[In thousands of dollars] 

Fiscal year 2008 enacted Fiscal year 2009 

budget request 

Committee recommendations 

Management and Administration ........................................................ 47,346 54,600 52,600 

Infrastructure Protection and Information Security: 

Infrastructure Protection ............................................................. 272,596 272,800 297,641 

Cyber Security ............................................................................. 210,413 293,500 318,500 

Office of Emergency Communications ........................................ 35,700 38,300 48,300 

National Security Emergency Preparedness Telecoms ............... 136,021 236,600 143,563 

United States Visitor and Immigrant Status Indicator Technology .... 475,000 390,300 180,300 

Total, National Protection and Programs Directorate ............ 1,177,076 1,286,100 1,040,904 

MANAGEMENT AND ADMINISTRATION

Appropriations, 2008 ............................................................................. $47,346,000 

Budget estimate, 2009 ........................................................................... 54,600,000 

Committee Recommendation ................................................................ 52,600,000 

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 and information technology support services, 

and facility expenses. 

OFFICE OF INTERGOVERNMENTAL PROGRAMS

The Committee does not agree to fund the Office of Intergovernmental Programs within NPPD. 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

Appropriations, 2008 ............................................................................. $654,730,000 

Budget estimate, 2009 ........................................................................... 841,200,000 

Committee recommendation ................................................................. 808,004,000 

Infrastructure Protection and Information Security [IPIS] assists 

the entities and people responsible for securing the Nation’s critical 
96 

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 $808,004,000 

for Infrastructure Protection and Information Security [IPIS] programs. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Infrastructure Protection: 

Identification and Analysis ............................................................... 69,522 1 77,326 82,603 

Coordination and Information Sharing ............................................. 68,821 1 45,644 52,367 

Mitigation Programs ......................................................................... 134,253 149,830 162,671 

Cyber Security ............................................................................................ 210,413 293,500 318,500 

Office of Emergency Communications ....................................................... 35,700 38,300 48,300 

National Security Emergency Preparedness Telecommunications: 

Priority Telecommunications Service ................................................ 82,821 2 109,778 58,740 

Assistant Secretary for Cyber Security and Communications .......... ( 3 ) 258 ( 3 ) 

Enhanced Long-Range Navigation (e-loran) .................................... ........................ 34,500 ( 4 ) 

Next Generation Networks ................................................................. 21,100 ( 2 ) 52,500 

Programs to Study and Enhance Telecommunications .................... 16,000 15,100 15,100 

Critical Infrastructure Protection ...................................................... 16,100 11,260 11,260 

Industry Government and Interagency Processes ............................. ( 3 ) 4,704 ( 3 ) 

National Command and Control Capability ..................................... 3 3,831 61,000 5,963 

Total, Infrastructure Protection and Information Security ........... 654,730 841,200 808,004 

1 Request realigns funds for various activities from Coordination and Information Sharing to Identification and Analysis. 

2 Request realigns Next Generation Networks into Priority Telecommunications Service program, project, and activity [PPA]. 

3 Funding within the Priority Telecommunications Service PPA. 

4 Funding provided in Coast Guard Operating Expenses account. 

INFRASTRUCTURE SECURITY COMPLIANCE

The Committee recommends $75,000,000, an increase of 

$12,000,000 from the budget request, for chemical site and ammonium nitrate security programs. The Committee notes that while 

the administration has requested increased funding for what it now 

calls Infrastructure Security Compliance, new statutory requirements for the regulation of ammonium nitrate will consume a substantial amount of the requested increase. The Committee recommends $10,750,000, to fully fund the authorized appropriation 

amount for ammonium nitrate regulatory activities. 

In the Department of Homeland Security Appropriations Act, 

2008, a permanent change in the 3-year authorization was made 

regarding preemption of State or local chemical facility security 

standards. 

NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER

The Committee recommends $20,000,000, the same as the fiscal 

year 2008 level and an increase of $4,000,000 above the budget request, for the National Infrastructure Simulation and Analysis 
97 

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. 

BOMBING PREVENTION

The Committee recommends $10,000,000 for the Office for Bombing Prevention, an increase of $884,000 above the budget request. 

The Committee continues to believe that terrorists may export the 

bombing tactics they have developed in Iraq and around the world 

to the United States and now is not the time to cut programs at 

this office. 

VULNERABILITY ASSESSMENTS

The Committee notes that while the Office of Infrastructure Protection has conducted many vulnerability assessments of critical infrastructure and key resources, much work remains to be done. The 

fiscal year 2009 justification indicates that it will ‘‘conduct approximately 315 vulnerability assessments on Tier 1 and 2 Critical Infrastructure and Key Resources, utilizing the National Guard in coordination and collaboration with Federal, State, local, and private 

sector partners.’’ While the Committee strongly supports this work, 

it notes that at that pace, it will take roughly 10 years to finish 

these assessments, even if no new facilities are added to the inventory. The Committee recommends $25,409,000, an increase of 

$8,000,000 from the budget request to accelerate these assessments 

and assessments training programs and directs the Department to 

report to the Committee by March 20, 2009, on progress it has 

made to expand vulnerability assessment capacity. 

NATIONAL COMMAND AND CONTROL CAPABILITY

The Committee recognizes the ongoing need for information sharing between all levels of Government, the intelligence community 

and end users, and even within individual agencies. Indeed, a 

major theme of the ‘‘9/11 Commission Report and the Federal Response to Hurricane Katrina: Lessons Learned’’ is that information 

sharing is critically needed to support crisis management during 

emergency events. However, the Committee notes with concern 

what appears to be a haphazard approach to integrate information 

sharing programs that support crisis management, particularly 

with regard to information technology systems. 

The Department is requesting funds for a new information sharing initiative, the National Command and Control Capability 

[NCCC], but has not been able to provide strategic planning documents to support this initiative. In addition, the Department has 

not shown how or if end users have been consulted in establishing 

program requirements or if this program is duplicative of ongoing 

efforts in other components. Failure to do so may place the program at risk of not delivering capabilities that meet end user 

needs. 

The Department projects the 8-year cost estimate to conduct two 

initial operational capability phases and begin definition of the full 

operational capability is approximately $400,000,000. However, the 
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Department has not defined the full operational capability that the 

NCCC is intended to deliver and is therefore unable to project the 

total cost estimate for this new initiative. The absence of input 

from end users and clearly defined program requirements from the 

outset could result in less than desirable outcomes at considerable 

expense and duplication of effort. Further, it is important that the 

full costs are known at the outset to help ensure the sustainability 

of the program. 

Therefore, the Committee recommends, $5,963,000, an increase 

of $2,132,000 above the fiscal year 2008 level included in the Priority Telecommunication Service PPA and $55,037,000 below the 

budget request, for the Department to enhance the planning and 

coordination efforts for the NCCC initiative. The Committee also 

directs the Government Accountability Office to: (1) examine the 

business case for the NCCC effort including strategic relevance and 

the extent to which it supports end users needs; (2) review NCCC’s 

plans to integrate the existing information sharing infrastructure 

to support crisis management; (3) evaluate NCCC’s program plans 

and budgets for the current and upcoming budget years; (4) identify key risks that may jeopardize program success; and (5) look for 

duplication of effort. 

PRESIDENTIAL DIRECTIVES

The Committee notes the administration has released several 

Homeland Security Presidential Directives over the last year, including ones concerning the deterrence of the use of improvised explosive devices and efforts to enhance cyber security. However, in 

both cases these documents are classified, putting them out of the 

reach of many of the people responsible for their implementation. 

While making determinations about the classification of sensitive 

materials is ultimately the responsibility of the executive branch, 

the Committee strongly urges the agencies responsible to re-examine their policies to be certain that the public good would not be 

better served if these documents and the information contained in 

them were more accessible to appropriate State, local, and private 

sector officials. 

NATIONAL CYBER SECURITY DIVISION

The Committee recommends $318,500,000 for the National Cyber 

Security Division, an increase of $25,000,000 from the budget request, 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. 

While the Committee supports the administration’s cyber security initiative, it is essential that the initiative strictly conform to 

existing privacy and computer security laws. Though designed to 

protect the Nation, new technologies developed for national security systems and used by the civilian agencies will raise privacy implications. Further, the roles and responsibilities of each of the national security and domestic agencies need to be clearly articulated. 

The Committee directs the administration to conduct a privacy impact assessment of its cyber security initiative and assure it conforms to the Fair Information Practices embodied in the Privacy 
99 

Act of 1974. The administration shall brief the Committee on the 

status of these assessments no later than October 31, 2008. 

ENHANCED LONG RANGE NAVIGATION

The Committee acts with no prejudice on the budget request for 

NPPD to assume a dominant role in the development of the Enhanced-Long Range Navigation [e-loran] system, but does not recommend transfer of $34,500,000 from the Coast Guard to NPPD, 

as requested in the budget. These resources are proposed to be appropriated to NPPD and transferred back administratively to the 

Coast Guard to continue operation of loran-C. NPPD should determine how much it will need to develop this new system and request resources accordingly. Funds are retained in the Coast Guard 

appropriation to continue operation of loran-C. 

OFFICE OF EMERGENCY COMMUNICATIONS

The Committee recommends $48,300,000 for the Office of Emergency Communications, an increase of $10,000,000 from the budget 

request for six international interoperability border demonstration 

projects authorized by section 302 of the Implementing Recommendations of the 9/11 Act of 2007. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

Appropriations, 2008 1 ........................................................................... $475,000,000 

Budget estimate, 2009 ........................................................................... 390,300,000 

Committee recommendation ................................................................. 180,300,000 

1 Includes $275,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 

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 $180,300,000, to remain available 

until expended, for the United States Visitor and Immigrant Status 

Indicator Technology [US-VISIT]. 

The Committee had hoped that a major corner had been turned 

with the US-VISIT program when it appeared that new leadership 

within the National Protection and Programs Directorate understood the criticality of this program to be a robust and growing biometric identification and tracking system. The Senate reduction to 

the fiscal year 2008 budget request was restored and additional 

funds were provided during conference bringing the total fiscal 

year 2008 funding for US-VISIT to $475,000,000. The $13,000,000 
100 

increase above the request was provided to expedite development 

of an air and sea exit solution. 

It is now the third quarter of the fiscal year and the Committee 

only received the US-VISIT expenditure plan, which is required by 

law to be reviewed by the Government Accountability Office [GAO], 

on June 12, 2008. Until the fiscal year 2008 plan is reviewed by 

the GAO and approved by the Committees on Appropriations, 

$125,000,000 remains unavailable for obligation. Under the best of 

circumstances these funds likely will not become available for obligation until September. As for expediting the air and sea exit solution, publication of the Notice of Proposed Rulemaking for air exit 

was delayed until April 22, 2008. 

The men and women working daily in the program management 

office are to be commended for accomplishing all that they have to 

date, but it is the Committee’s conclusion that a robust ‘‘entry-exit’’ 

program must wait for the next administration to execute. Entry 

is working and unique identity continues to make great strides in 

biometric identity management. 

As a result of the Department’s delay in submitting the fiscal 

year 2008 expenditure plan the Department has essentially made 

this program a forward funded account. Therefore, the Committee 

recommends $180,300,000, a reduction of $210,000,000 from the 

budget request, for US-VISIT. The Committee notes that one-third 

of the request for US-VISIT is for operations and management, and 

that an additional $62,000,000, as requested in the budget, is provided in the U.S. Customs and Border Protection, ‘‘Salaries and Expenses’’ account for this purpose. 

UNIQUE IDENTITY (FORMERLY IDENT/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 transition to capturing 

10 fingerprints of all visitors. The Committee is pleased that significant and aggressive progress has been made on both of these 

fronts and has provided full funding of $66,368,000 for Unique 

Identity, including the proposed enhancements, as requested in the 

budget. 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. 

OFFICE OF HEALTH AFFAIRS

Appropriations, 2008 ............................................................................. $116,500,000 

Budget estimate, 2009 ........................................................................... 161,339,000 

Committee recommendation ................................................................. 171,339,000 

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 
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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 2008 and budget request levels: 

OFFICE OF HEALTH AFFAIRS 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 1

Committee 

recommendations 

Biowatch .................................................................................................... 77,108 111,606 111,606 

National Biosurveillence Integration System ............................................. 8,000 8,000 8,000 

Rapidly Deployable Chemical Detection System ....................................... 2,600 2,600 2,600 

Planning and Coordination ........................................................................ 4,475 9,923 9,923 

Salaries and Expenses ............................................................................... 24,317 29,210 39,210 

Total, Office of Health Affairs ...................................................... 116,500 161,339 171,339 

1 Excludes $2,175,000,000 appropriated in the Department of Homeland Security Appropriations Act of 2004 (Public Law 108–90) for Bio- defense Countermeasures that becomes available for obligation in fiscal year 2009. 

SALARIES AND EXPENSES

The Committee recommends $39,210,000 for salaries and expenses, an increase of $10,000,000 from the budget request. 

NUCLEAR EVENT PUBLIC HEALTH

The Committee is disappointed that the administration has done 

little to prepare the Nation to face the consequences of a nuclear 

attack. While the administration has aggressively pursued technologies to detect potential nuclear weapons at our borders and beyond, secured nuclear materials in foreign countries, and other defensive activities, it has done virtually nothing to educate or prepare the Nation for a nuclear attack. Congress acted with 

$5,500,000 in the fiscal year 2007 supplemental appropriations 

(Public Law 110–28) to begin modeling the effects of a potential nuclear attack and begin planning ways to mitigate its effects, including direction to develop effective communications. The President 

sought no additional funding for fiscal year 2009 for these activities. 

The Committee recommends $10,000,000 to continue modeling 

effects of potential nuclear attacks, coordinate with the Federal 

Emergency Management Agency to build on workshops previously 

conducted on planning efforts, and to continue to develop and test 

pre-event and post-event communication strategies. 

IMMIGRANT HEALTH CARE

The Committee is aware that OHA has been tasked to review 

healthcare policies at departmental detention facilities and directs 

OHA, in conjunction with U.S. Immigration and Customs Enforcement and the Division of Immigration Health Services, to brief the 

Committee within 30 days after the date of enactment of this act 

on any initial findings. 
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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 $7,352,997,000 for activities of FEMA for fiscal year 2009. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

FEDERAL EMERGENCY MANAGEMENT AGENCY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Management and Administration ............................................ 664,000 1 957,405 892,507 

State and Local Programs ....................................................... 2 3,177,800 3 1,900,000 3,029,400 

Firefighters Assistance Grants ................................................ 750,000 300,000 750,000 

Emergency Management Performance Grants ......................... 300,000 ( 4 ) 300,000 

Radiological Emergency Preparedness Program ..................... ¥505 ¥505 ¥505 

United States Fire Administration ........................................... 43,300 ( 5 ) 43,300 

Disaster Relief Fund ................................................................ 6 1,400,000 1,900,000 1,900,000 

Disaster Readiness and Support ............................................. .............................. 200,000 ..............................

Disaster Assistance Direct Loan Program Account ................. 875 7 295 7 295 

Flood Map Modernization Fund ................................................ 220,000 150,000 185,000 

National Flood Insurance Fund ................................................ (145,000 ) (156,599 ) (156,599 ) 

National Flood Mitigation Fund ............................................... (34,000 ) ( 8 ) ( 8 ) 

National Pre-disaster Mitigation Fund .................................... 114,000 75,000 100,000 

Emergency Food and Shelter ................................................... 153,000 100,000 153,000 

Total, Federal Emergency Management Agency ............. 6,822,470 5,582,195 7,352,997 

1 Includes $40,913,000 for the United States Fire Administration. 

2 Includes $110,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public 

Law 110–161) for Operation Stonegarden and REAL ID Grants. 3 Includes $200,000,000 for Emergency Management Performance Grants. 

4 Budget proposes $200,000,000 under State and Local Programs. 

5 Budget proposes $40,913,000 under Management and Administration. 

6 Excludes $2,900,000,000 in emergency appropriations pursuant to Public Law 110–116. 

7 Funding for administrative expenses totaling $580,000 is provided in the FEMA Management and Administration account. 

8 Funding totaling $35,700,000 for national flood mitigation purposes is provided in the National Flood Insurance Fund instead of transferring funding to a separate account, as in previous years. 

MANAGEMENT AND ADMINISTRATION

Appropriations, 2008 ............................................................................. $664,000,000 

Budget estimate, 2009 1 ......................................................................... 957,405,000 

Committee recommendation ................................................................. 892,507,000 

1 Includes $40,913,000 for the United States Fire Administration. 

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 
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Headquarters and Regional Offices the policy, managerial, resources, and administrative actions. 

COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $892,507,000 for 

Management and Administration. The funds are to be distributed 

as follows: $484,396,000 for Operations Activities; $369,269,000 for 

Management Activities; $6,342,000 for the Office of National Capital Region Coordination; and $32,500,000 for Urban Search and 

Rescue Teams. 

The specific levels recommended by the Committee, as compared 

to the fiscal year 2008 and budget request levels, are as follows: 

MANAGEMENT AND ADMINISTRATION 

[In thousands of dollars] 

Fiscal year 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Operating Activities 1 ................................................................................. 625,500 ........................ ........................

Operations Activities .................................................................................. ........................ 515,881 484,396 

Management Activities .............................................................................. ........................ 369,269 369,269 

National Capital Region Coordination ....................................................... 6,000 6,342 6,342 

Urban Search and Rescue ......................................................................... 32,500 25,000 32,500 

United States Fire Administration ............................................................. ( 2 ) 40,913 ( 2 ) 

Total, Management and Administration ...................................... 664,000 957,405 892,507 

1 Funding for Operations Activities and Management Activities were included in one account, Operating Activities, in fiscal year 2008. 2 Funds appropriated under the United States Fire Administration account. 

OPERATIONS ACTIVITIES

The Committee recommends $484,396,000 for Operations Activities, instead of $515,881,000 as proposed in the budget. The Committee also includes a transfer of up to $43,485,000 from Disaster 

Relief to complete the conversion of Cadre On-Call Employees 

[CORE] into permanent full-time employees. The Committee does 

not agree to merge the United States Fire Administration appropriation into this account, and maintains it as a separate appropriation. An additional $10,000,000 is included for the integrated 

public alert and warning system, as described later in the report. 

Operations Activities include funding for the National Preparedness Directorate, the Grant Programs Directorate, the Logistics 

Management Directorate, the Disaster Operations Directorate, National Continuity Programs, the Disaster Assistance Directorate, 

and the Mitigation Directorate. Additionally, as requested in the 

budget, the Committee has included a realignment of administrative costs for the Disaster Assistance Direct Loan Program by including the requested $580,000 in this Management and Administrative account instead of in the Disaster Assistance Direct Loan 

Program account. 

MANAGEMENT ACTIVITIES

The Committee recommends $369,269,000 for Management Activities, as proposed in the budget. This amount includes up to 

$3,200,000 for the Reserve Workforce Credentialing and Recruitment Plan. 
104 

Management Activities include funding for 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. 

FISCAL MANAGEMENT AND TRANSPARENCY IN SPENDING

The Committee includes a provision directing FEMA to submit 

its fiscal year 2010 budget request, including justification materials, by office. Each office and FEMA region shall provide: (1) 

budget detail by object classification; (2) the number of full-time 

equivalents on board; (3) the number of full-time equivalent vacancies; and (4) the appropriation account(s) used to support the office 

and the programs managed by the office. 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. 

The Committee recognizes that FEMA has implemented other 

measures to improve financial management. These measures include important investments in information systems for budgeting 

and financing, and the Investment Working Group process which 

provides cross-programmatic examination of resource decisions 

across the Agency. The Committee supports continued investments 

in financial and budget information systems and encourages FEMA 

to continue use of the Investment Working Group. 

FINANCIAL WEAKNESSES

Despite improvements in fiscal management and transparency, 

FEMA still has material financial weaknesses as reported by the 

Office of Inspector General in the Independent Auditors’ Report on 

DHS’ Fiscal Year 2007 Financial Statements in November 2007. 

The report indicates that weaknesses are attributed to: FEMA accounting and financial reporting requirements which are very diverse; FEMA’s mission which supports multifaceted operations; and 

recent reorganizations of the Agency. While recognizing the complexity of the FEMA mission, the Committee directs FEMA to correct these weaknesses without delay. The Committee directs FEMA 

to provide a report to the Committees on Appropriations within 45 

days of enactment of this act on the progress of completing the Corrective Action Plan/Mission Action Plan to address financial material weaknesses. 

FEMA WORKFORCE

With the current recommended resources, FEMA will have more 

than doubled the number of full-time equivalents [FTE] between 

2005 and 2009. The Committee commends the service and dedication of all FEMA employees. The Committee recognizes that 

through the strategic human capital plan, as required in the PostKatrina Emergency Management Reform Act (Public Law 109– 

295), FEMA has defined five strategic initiatives to ensure the 

FEMA workforce can best meet the FEMA mission. FEMA is di-
105 

rected to brief the Committee within 60 days of enactment of this 

act regarding: the progress of implementing each initiative; the 

timeframe for specific milestones to be accomplished; and the resources needed to accomplish those milestones. 

The Committee is concerned that the Disaster Assistance Directorate is too reliant on temporary employees for projects related to 

public assistance creating a lack of consistent decisionmaking and 

reliable information for State and local governments in the midst 

of recovery efforts. The constant turnover in FEMA personnel results in poor transitions of project management from one individual 

to the next, and frequent overturning of previous decisions relied 

upon by local communities to make funding and planning decisions. 

The FEMA CORE conversion program will increase the number of 

permanent personnel devoted to Public Assistance from 72 to 129, 

which will begin to address the issue of project management and 

stability. The Committee also believes that permanent and reserve 

employees who handle public assistance projects would strongly 

benefit from training on FEMA policy and regulations to increase 

the consistency of decisionmaking in the field. 

WORKING WITH GRANT PARTNERS

The Secretary and the Administrator of FEMA each have responsibilities in the State and Local Programs grant process. Distributing needed resources to State and local partners should be a positive and cooperative effort. When it is not—resources are wasted 

and progress in security is hampered. Yet, each year grant award 

distribution has drawn the ire of awardees who assert the Department has not listened to its needs nor been transparent in its decisionmaking. Cooperating partners are often dissatisfied with the 

opportunities afforded to them in homeland security efforts through 

grant programs which do not match their needs, contain surprises 

regarding changes in policy at the last minute, or include unexpected requirements for cost sharing. Further, the Committee recognizes that the spirit and letter of the 9/11 Act, which authorized 

many of the grant programs in July 2007, has not been properly 

executed. 

The Committee is dismayed that after 5 full fiscal years of 

awarding grants there is still a lack of effective implementation. 

For example, each year there are still major changes to grant guidance after official issuance that are largely related to issues that 

have been discussed for years. There have been 11 changes so far 

in fiscal year 2008. 

A few grant programs are well executed. For example, the Assistance to Firefighter Grant Program has a well-established and welldocumented process to include stakeholder input. Other programs, 

such as the Port Security Grant program have proactive subject 

matter experts, such as the Coast Guard, which dedicate many 

staff hours to understand and incorporate partners’ needs into the 

program. Unfortunately, some programs such as the Transit Security Grant program do not have adequate processes by which to 

work with partners to ensure all improvements to homeland security for the transit sector are considered and incorporated. Further, 

fiscal year 2008 funds appropriated for the Emergency Management Performance Grant program were subject to last minute pol-
106 

icy changes, which were a surprise to stakeholders who had previously been involved in development of the grant guidance. While 

not every need and desire of each potential grantee can or should 

be accommodated, the opportunity for meaningful input into the 

prioritization of National needs is required to achieve the most effective improvements in security. 

The National Homeland Security Consortium in the April 2008 

report, ‘‘Imperatives for the Homeland’’, states that: ‘‘Our Nation is 

at a crossroads in its efforts to secure the homeland. The Federal 

Government has the opportunity to transition from top-down direction to meaningful cooperative engagement with all non-Federal 

stakeholders. Doing so will enhance unity and allow us to achieve 

more rapid progress across the many challenges we confront . . .’’ 

Therefore, the Committee includes a provision which withholds $10,000,000 from FEMA Management and Administration until the 

Secretary, in coordination with the Administrator of FEMA, certifies and reports to the to the Committee that the processes to incorporate stakeholder input for grant guidance development and 

award distribution have been: (1) developed to ensure transparency 

and increased information gathering about security needs for allhazards; (2) formalized and made clear to stakeholders; and (3) formalized to ensure future use for each fiscal year. A provision withholding $10,000,000 has also been included for the Office of the 

Secretary and Executive Management. To the extent possible, organizations and officials already involved in the process, such as the 

State Administrative Agencies, Regional Working Groups, Federal 

Preparedness Coordinators, and the National Advisory Council, as 

well as other stakeholder groups shall be used and included in the 

process. 

INFORMATION AND TECHNOLOGY

The Committee approves the President’s budget request for information technology improvements, including an increase of 

$20,750,000. It is imperative that FEMA have cutting-edge information systems for effective preparedness and response to disasters. The Committee understands that a preliminary 5-year plan 

has been developed and the final 5-year implementation plan required in the Department of Homeland Security Appropriations 

Act, 2008 (Public Law 110–161) is on schedule for completion no 

later than October 2008. The Committee also understands that 

FEMA is taking steps to institutionalize a process to ensure information systems are being reviewed for needed updates so that systems do not deteriorate beyond effective use. This process includes 

the adoption of the Department’s system life cycle procedures, 

FEMA’s capital planning and investment control process, and a requirement that information technology process compliance be a 

part of individual performance plans for appropriate employees. 

The Committee encourages FEMA to continue these proactive 

measures. 

INTEGRATED PUBLIC ALERT AND WARNING SYSTEM

The Committee recommends $35,000,000, an increase of 

$10,000,000 from the budget request level, to expedite the modernization of the Emergency Alert System [EAS], including the con-
107 

version of EAS to digital capability. Of the increase provided, up 

to $2,000,000 shall be used to validate Radio Broadcast Data System Technology as an effective means of notification of individuals 

during emergencies, to be competitively awarded. 

SHELF STABLE MEALS

The Committee directs FEMA to provide a report on the implications to States for making shelf stable meals an allowable expense 

under the Homeland Security Grant Program. The report, to be 

provided to the Committee no later than March 3, 2009, shall include a review of the required sustainment costs and needed coordination with Federal logistics. 

READY.GOV

The Committee transfers the responsibility for the Ready.gov 

program to FEMA from the Office of the Secretary and Executive 

Management account. Funding of $2,000,000 is provided for this 

program. 

INTEGRATING NON-FEDERAL STAKEHOLDERS

In June 2008, the Government Accountability Office [GAO] released a report regarding the need for FEMA to better integrate 

non-Federal stakeholders in the National Response Framework revision process (GAO–08–768). FEMA is directed to brief the Committee within 60 days after the date of enactment of this act regarding its plan to implement GAO recommendations on this topic. 

NUCLEAR EVENT PREPAREDNESS

FEMA is directed to work with the DHS Office of Health Affairs 

regarding nuclear event preparedness as described in this report. 

PRIVATE SECTOR PREPAREDNESS

The Committee notes that FEMA has increased responsibilities 

regarding private sector preparedness under the 9/11 Act. FEMA is 

directed to brief the Committee within 60 days after the date of enactment of this act on its implementation plans for this responsibility. 

OFFICE OF CHIEF COUNSEL

The Committee has previously expressed concern that the Office 

of the Chief Counsel [OCC] was not positioned to support the spirit 

of FEMA’s mission by advising FEMA, within the bounds of the 

law, to best protect and serve American citizens during emergencies. Therefore, the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161) required the OCC to revamp the Office to better support the needs of FEMA. In accordance with the requirement, the Committee understands that the 

OCC has implemented three significant changes. These changes include: making the lead field counselor a direct report to the Chief 

Counsel; requiring each manager to deploy to a disaster; and requiring each OCC employee to complete 30 hours of training. The 

Committee encourages the OCC to continue these efforts and re-
108 

view and incorporate other employee education and training methods to maintain the highest quality support for FEMA. 

OFFICE OF NATIONAL CAPITAL REGION COORDINATION

The Committee recommends $6,342,000 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, a $7,500,000 increase 

over the President’s request to support the 28 existing Urban 

Search and Rescue Teams. The Committee notes that the second 

equipment caches, which were purchased with fiscal year 2003 and 

2004 funding, should be properly maintained and equipment 

should be replaced as needed to maintain full operational capability. 

STATE AND LOCAL PROGRAMS

Appropriations, 2008 1 ........................................................................... $3,177,800,000 

Budget estimate, 2009 2 ......................................................................... 1,900,000,000 

Committee recommendation ................................................................. 3,029,400,000 

1 Includes $110,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 2 Includes $200,000,000 for Emergency Management Performance Grants. 

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 2008 

enacted 

Fiscal year 2009 

budget request 

Committee 

recommendations 

Grants: 

State Homeland Security Grant Program ................................. 890,000 200,000 1 890,000 

REAL ID Grants ......................................................................... 2 50,000 ( 3 ) 4 (50,000 ) 

Operation Stonegarden ............................................................. 2 60,000 .......................... ............................

Urban Area Security Initiative .................................................. 820,000 825,000 825,000 

Regional Catastrophic Preparedness Grants ............................ 35,000 .......................... 35,000 

Metropolitan Medical Response System ................................... 41,000 .......................... 33,000 

Citizen Corps ............................................................................. 15,000 15,000 15,000 
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STATE AND LOCAL PROGRAMS—Continued 

[In thousands of dollars] 

Fiscal year 2008 enacted Fiscal year 2009 

budget request 

Committee recommendations 

Public Transportation Security Assistance and Railroad Security Assistance ...................................................................... 400,000 175,000 400,000 

Port Security Grants .................................................................. 400,000 210,000 400,000 

Over-the-Road Bus Security Assistance ................................... 11,500 12,000 12,000 

Trucking Industry Security Grants ............................................ 16,000 8,000 8,000 

Buffer Zone Protection Program Grants ................................... 50,000 ( 3 ) 50,000 

Commercial Equipment Direct Assistance Program ................. 25,000 .......................... 10,000 

Interoperability Emergency Communications Grant Program ... 50,000 .......................... 50,000 

Emergency Operations Centers ................................................. 15,000 .......................... 10,000 

Emergency Management Performance Grants .......................... ( 5 ) 200,000 ( 5 ) 

National Security and Terrorism Prevention Grants ................. .......................... 110,000 ............................

Subtotal, Grants ................................................................... 2,878,500 1,755,000 2,738,000 

National Programs: 

National Domestic Preparedness Consortium/Other Programs ................................................................................... 88,000 32,000 101,900 

Center for Domestic Preparedness/Noble Training Center ....... 62,500 47,000 62,500 

National Exercise Program ........................................................ 50,000 40,000 40,000 

Technical Assistance ................................................................ 12,000 10,000 12,000 

Demonstration Training Grants ................................................ 28,000 .......................... 25,000 

Continuing Training Grants ...................................................... 31,000 .......................... 31,000 

Evaluations and Assessments .................................................. 19,000 16,000 19,000 

Rural Domestic Preparedness Consortium ............................... 8,800 .......................... ............................

Subtotal, National Programs ................................................ 299,300 145,000 291,400 

Total, State and Local Programs ......................................... 3,177,800 1,900,000 3,029,400 

1 Includes $50,000,000 for REAL ID Grants. 

2 Designated as emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 3 Budget proposes funding under National Security and Terrorism Prevention Grants. 

4 Funding totaling $50,000,000 for REAL ID Grants is included in the State Homeland Security Grant Program. 

5 Funds appropriated under the Emergency Management Performance Grants account. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $3,029,400,000 for State and Local 

Programs. 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. 

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 Committee urges the Department to work with State and 

local governments to ensure regional authorities, such as port, 
110 

transit, or tribal authorities, are given due consideration in the distribution of State formula grants. 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 Committee is concerned that 

Emergency Medical Services [EMS] is not considered an equal partner among the first responder community and encourages FEMA to 

require State and local governments to include EMS representatives in 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 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. In those areas of 

the country where the risk is very high, the Department shall work 

aggressively to ensure these applications are produced in a manner 

in which appropriate levels of funding reflects the level of threat. 

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 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 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-TheRoad Bus Security Assistance, Trucking Industry Security Grants, 

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 includes bill language requiring the Government 

Accountability Office to report on the validity, relevance, reliability, 

timeliness, and availability of the risk factors, and the application 

of those factors in the allocation of discretionary grants to the Com-
111 

mittees on Appropriations of the Senate and the House of Representatives no later than 45 days after the date of enactment of 

this act. The report shall also evaluate FEMA’s compliance with 

section 203(b) of the 9/11 Act regarding the assessment and designation of high risk urban areas. 

MAJOR PROGRAM TERMINATIONS OR REDUCTIONS

For the fifth straight year, the President’s request has proposed 

significant reductions to State and Local Programs. These proposed 

reductions are made with no reliable data to prove that the equipment, training, and planning purchased to date have made the Nation sufficiently capable to prepare for and respond to disasters. In 

fact, the Department’s own data has shown that 61 percent of 

States and 69 percent of urban areas do not have adequate plans 

to respond to a catastrophic event. Other reports demonstrate that 

32 of 37 major cities were graded C or below in Evacuation Capacity; over one-fourth of firefighters per shift are still not equipped 

with self-contained breathing apparatus; 58 percent of urban areas 

have not completed a regional strategic plan; and over 90 percent 

of State Homeland Security Officials report that public and private 

schools have not adequately prepared for potential national emergencies. The Committee is disappointed that the administration 

proposes to cut State and local homeland security programs from 

a fiscal year 2008 level of $4,227,800,000 to $2,200,000,000. The 

Committee recognizes that Federal dollars are required to build the 

capacity and cooperation needed for this Nation to be ready when 

disaster strikes. Therefore, the Committee has increased the funding level for grant programs above the President’s request. 

MEASURING CAPABILITIES AND MANAGING GRANTS

The Committee is disappointed that 5 years after funds were 

first appropriated for homeland security grants, the Department 

has failed to establish meaningful benchmarks for measuring the 

capabilities of State and local first responders. The Committee is 

aware of several systems that are in various stages of development, 

which will measure how prepared the Nation is and how prepared 

the Nation needs to be for all-hazards. This effort includes a measure of how the grant program expenditures contribute to the level 

of preparedness. Additionally, FEMA and many States are developing systems to manage grant allocations, distribution, expenditures, and asset tracking. 

The Administrator of FEMA is directed to create an intra-agency 

task force to make recommendations to the Administrator for the 

best way to coordinate these efforts and share information. FEMA’s 

Chief Financial Officer and the Chief Information Officer shall be 

represented on the task force. FEMA shall also consult with State 

and local governments through previously established entities such 

as, but not limited to, the National Advisory Council, regarding 

this effort. FEMA is further directed to report to the Committee on 

each of these efforts, including the resources required and timeframe in which they will be completed. The Committee provides an 

increase of $3,000,000 above the President’s request under Evaluations and Assessments to partially fund this effort. Additional 
112 

funding shall come from the appropriated funds for Offices that are 

involved in this effort, as planned by FEMA. 

STATE HOMELAND SECURITY GRANT PROGRAM

The Committee recommends $890,000,000, instead of 

$200,000,000 as proposed in the budget for SHSGP. This core assistance program provides funds to build capabilities at the State 

and local level through planning, organization, equipment, training, and exercise activities. SHSGP also supports the implementation of State homeland security strategies and key elements of the 

national preparedness architecture, including the National Preparedness Guidelines, the National Incident Management System, 

and the National Response Framework. In accordance with section 

2004 of the Homeland Security Act of 2002, all funds (excluding 

REAL ID) above the amount automatically allocated to States and 

territories, shall be allocated based on risk (as defined by threat, 

vulnerability, and consequences). 

Of the amount provided, $50,000,000 is for REAL ID grants, 

which shall be awarded at the discretion of the Secretary as a separate program from SHSGP and is not subject to the SHSGP formula. The Committee does not include any funding for the National Security and Terrorism Prevention Grants Program which 

the budget proposes States could use for either REAL ID costs or 

Buffer Zone Protection Program projects. The Committee is disappointed that the budget does not request adequate funding for 

the REAL ID program. 

In the REAL ID final rule which was released on January 11, 

2008, the Department estimates that it will cost $3,900,000,000 

over 10 years to implement requirements for improving the security of drivers’ licenses as required in the REAL ID Act of 2005. 

To date, as a result of congressional initiative, $90,000,000 has 

been appropriated specifically for State and local governments to 

implement this act. For fiscal year 2009, the President requested 

$110,000,000 for the National Security and Terrorism Prevention 

Program for costs related to both REAL ID and Buffer Zone Protection. Not only would this program force States to chose between 

implementing a Federal law and securing critical infrastructure, 

but it is also a fraction of what is needed to accomplish either of 

these efforts. If the administration is serious about implementing 

the REAL ID Act, which the President signed in 2005, rather than 

creating an unfunded mandate for the States, the President should 

request funds to pay for it. 

URBAN AREA SECURITY GRANT PROGRAM

The Committee recommends $825,000,000 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. 

The UASI program addresses the unique multi-disciplinary planning, organization, equipment, training, and exercise needs of 

urban areas with high density and high threat of a terrorist attack, 

and assists them in building and sustaining capabilities to prevent, 

protect against, respond to, and recover from disasters. 
113 

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. LETPP is to provide law enforcement communities with enhanced capabilities for detecting, 

deterring, disrupting, and preventing acts of terrorism. 

REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM

The Committee recommends $35,000,000 for the Regional Catastrophic Preparedness Grant Program [RCPGP], instead of no 

funding as proposed in the budget. 

Hurricanes Katrina and Rita proved that it is essential to have 

a regional approach to responding to catastrophic disasters, particularly with regard to mass evacuations. 

To date, 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 $33,000,000 for the Metropolitan 

Medical Response System [MMRS], instead of no funding as proposed in the budget. 

The MMRS program was created in 1996 following the 1995 

sarin gas attack in the Tokyo subway and the domestic terrorist 

bombing of the Alfred P. Murrah Building in Oklahoma City. The 

MMRS program assists highly populated jurisdictions develop 

plans, conduct training and exercises, and acquire pharmaceuticals 

and personal protective equipment to achieve the enhanced capability necessary to respond to a mass casualty event. This assistance supports the jurisdictions’ activities to increase their response 

capabilities during the first hours crucial to lifesaving and population protection, with their own resources, until significant external assistance can arrive. 

The Committee is perplexed that the budget proposes no funding 

for MMRS and yet proposes the Biodefense Response and Recovery 

Demonstration Project, through the Office of Health Affairs [OHA], 

which will ‘‘build on the growing realization that regional response 

networks are vital to overall national response and recovery’’. 

Given that MMRS is central to this concept, the Committee includes continued funding for MMRS and directs FEMA to coordinate with OHA and MMRS stakeholders on the future development 

of the System to ensure it is meeting all current needs. 
114 

CITIZENS CORPS

The Committee recommends $15,000,000 for the Citizens Corps 

Program [CCP], as proposed in the budget. 

The CCP is a grassroots initiative to actively involve all citizens 

in hometown preparedness through personal readiness, training, 

and volunteer service. 

PUBLIC TRANSPORTATION SECURITY ASSISTANCE AND RAILROAD

SECURITY ASSISTANCE

The Committee recommends $400,000,000 for Public Transportation Security Assistance [PTSA] and Railroad Security Assistance 

[RSA], instead of $175,000,000 as proposed in the budget. Of this 

amount $25,000,000 is provided for Amtrak security needs. The 

Secretary shall not require a matching contribution for Public 

Transportation Security Assistance, Railroad Security Assistance, 

and Amtrak Security Assistance. 

The PTSA and RSA programs support agencies in their efforts to 

enhance security measures for critical transit infrastructure including transit, bus, ferry, and rail systems. This program also provides 

funding to Amtrak for continued security enhancements for intercity rail operations between key, high-risk urban areas throughout 

the United States. 

PORT SECURITY GRANTS

The Committee recommends $400,000,000 the Port Security 

Grant Program [PSGP], instead of $210,000,000 as proposed in the 

budget. 

The PSGP provides grant funding to port areas for the protection 

of critical port infrastructure. PSGP funds help ports enhance their 

risk management capabilities, domain awareness, training and exercises, and capabilities to prevent, detect, respond to, and recover 

from terrorists attacks. 

OVER-THE-ROAD BUS SECURITY ASSISTANCE

The Committee recommends $12,000,000 for Over-the-Road Bus 

Security, as proposed in the budget to protect intercity bus systems 

and the traveling public from terrorism. 

TRUCKING INDUSTRY SECURITY GRANTS

The Committee recommends $8,000,000 for Trucking Industry 

Security Grants, as proposed in the budget, to be competitively 

awarded, to provide for an anti-terrorism and security awareness 

program for highway professionals and an academic evaluation of 

the effectiveness of the program. 

BUFFER ZONE PROTECTION PROGRAM

The Committee recommends $50,000,000 for the Buffer Zone Protection Program [BZPP]. BZPP provides grants to build security 

and risk-management capabilities at the State and local level in 

order to secure pre-designated Tier I and Tier II critical infrastructure sites. The Committee continues to fund BZPP as a separate 

program and does not include any funding for the National Secu-
115 

rity and Terrorism Prevention Grants Program which the budget 

proposes States could use for either REAL ID costs or BZPP 

projects. 

COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM

The Committee provides $10,000,000 for Commercial Equipment 

Direct Assistance Program [CEDAP], instead of no funding as proposed in the budget. The Committee directs the Department to 

award funding through CEDAP only if projects or equipment are 

consistent with State Homeland Security Strategies and the unmet 

essential capabilities identified through Homeland Security Presidential Directive-8. 

INTEROPERABILITY EMERGENCY COMMUNICATIONS GRANTS

The Committee recommends $50,000,000 for Interoperability 

Emergency Communications Grants, instead of no funding 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 $10,000,000 for Emergency Operations Centers, instead of no funding as proposed in the budget. 

NATIONAL PROGRAMS

The Committee recommends $291,400,000 for National Programs, instead of $145,000,000, as proposed in the budget. National Programs includes funding for training, exercises, technical 

assistance and evaluations provided at the National level for efficiencies and effectiveness in needed areas that are National in 

scope and not provided at the State and local level through grant 

programs. Included in the recommended amount is: $62,500,000 for 

the Center for Domestic Preparedness and Noble Training Center; 

$101,900,000 for the National Domestic Preparedness Consortium 

and Other Programs; $25,000,000 for Demonstration Training 

Grants; $31,000,000 for Continuing Training Grants; $40,000,000 

for the National Exercise Program; $12,000,000 for Technical Assistance; and $19,000,000 Evaluations and Assessments. 

CENTER FOR DOMESTIC PREPAREDNESS AND NOBLE TRAINING CENTER

The Committee recommends $57,000,000 to continue activities 

for the Center for Domestic Preparedness [CDP] and $5,500,000 to 

continue activities for the Noble Training Center. The CDP and 

Noble Training Center provide hands-on specialized training to 

State and local emergency responders in the management and remediation of weapons of mass destruction incidents, and in medical 

response to such events. 
116 

NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM/OTHER PROGRAMS

The Committee recommends $98,000,000 for the National Domestic Preparedness Consortium, instead of $32,000,000, as proposed in the budget. 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 National Disaster 

Preparedness Training Center, University of Hawaii, Honolulu, Hawaii. 

The Committee recognizes that each member brings a unique set 

of assets to the domestic preparedness program including: live explosives training; first responder emergency response to terrorism 

training; training for State and local officials regarding the threat 

posed by weapons of mass destruction; large-scale field exercises 

using live agent stimulants and explosives; natural disaster preparedness training; and transportation security and emergency response training. 

The Committee also recommends $2,200,000 for all-hazards 

training in the Pacific Region to develop best practices for the 

unique geographical features and remoteness of the area; and 

$1,700,000 for counterterrorism and cybercrime training to develop 

best practices regarding cyber security and response for public entities which manage public health, government benefits, and other 

important information directly related to individuals and the economy. 

DEMONSTRATION TRAINING GRANTS

The Committee provides $25,000,000 for demonstration training 

grants, to be competitively awarded. The Committee expects this to 

continue to be a peer-reviewed competitive grant program. The 

Demonstration Training Grants program develops and delivers innovative training programs addressing high priority national homeland security training needs. 

CONTINUING TRAINING GRANTS

The Committee provides $31,000,000 for continuing training 

grants, instead of no funding as proposed in the budget. The Continuing Training Grant Program provides funding for training initiatives that further the Department’s mission to prepare the Nation to prevent, respond to, and recover from incidents of terrorism. 

The Committee is supportive of programs which consistently deliver homeland security curricula in the form of executive education 

programs and accredited Masters degree education. The Committee 

recommends full funding for the graduate-level homeland security 

education programs currently supported by the Department to leverage these existing programs to meet the growing need for graduate-level education. 
117 

NATIONAL EXERCISE PROGRAM

The Committee recommends $40,000,000 for the National Exercise Program, as proposed in the budget. The National Exercise 

Program oversees the Department’s Federal, State and local exercise programs, which includes the Top Officials [TOPOFF] exercise 

series. 

TECHNICAL ASSISTANCE

The Committee recommends $12,000,000 for Technical Assistance [TA], as provided in fiscal year 2008, instead of $10,000,000 

as proposed in the budget. TA provides direct assistance to State, 

regional, local, and tribal jurisdictions to improve their ability to 

enhance their capabilities to prevent, protect against, respond to, 

and recover from major events, and to improve homeland security 

program management. 

EVALUATIONS AND ASSESSMENTS

The Committee recommends $19,000,000 for Evaluations and Assessments, as provided in fiscal year 2008, instead of $16,000,000 

as proposed in the budget. The Evaluations and Assessments program gathers, analyzes, and interprets national and program specific data to implement a comprehensive system to measure the effectiveness of DHS programs, including HSPD–8 and the impact on 

our national readiness. Of the amount provided, no less than 

$3,000,000 shall be dedicated to the development of measuring capabilities and managing grants as described previously in this report. 

FIREFIGHTER ASSISTANCE GRANTS

Appropriations, 2008 ............................................................................. $750,000,000 

Budget estimate, 2009 ........................................................................... 300,000,000 

Committee recommendation ................................................................. 750,000,000 

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 $750,000,000 for firefighter assist- ance grants, including $560,000,000 for firefighter assistance 

grants, and $190,000,000 for firefighter staffing grants, to remain 

available until September 30, 2010. This is the same amount provided in fiscal year 2008 and $450,000,000 above the request. 

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; and to 

make $3,000,000 available for implementation of section 205(c) of 

Public Law 108–169. 

The Committee directs the Department to continue direct funding to fire departments and the peer review process. Not to exceed 

5 percent of grant funds may be for program administration. 
118 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Appropriations, 2008 ............................................................................. $300,000,000 

Budget estimate, 2009 1 ......................................................................... ........................... 

Committee recommendation ................................................................. 300,000,000 

1 Budget proposes $200,000,000 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 $300,000,000 for emergency management performance grants [EMPG], an increase of $100,000,000 

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 may be for administrative expenses. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

Appropriations, 2008 1 ........................................................................... ¥$505,000 

Budget estimate, 2009 1 ......................................................................... ¥505,000 

Committee recommendation 1 ............................................................... ¥505,000 

1Fee 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 $505,000 in fiscal 

year 2009. 

UNITED STATES FIRE ADMINISTRATION

Appropriations, 2008 ............................................................................. $43,300,000 

Budget estimate, 2009 1 ......................................................................... ........................... 

Committee recommendation ................................................................. 43,300,000 

1 Budget proposes $40,913,000 under ‘‘Management and Administration’’. 

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 
119 

protection to critical infrastructure, and be better prepared to react 

to all-hazard and terrorism emergencies. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $43,300,000 for the USFA, as a separate appropriation, and does not agree with the request to eliminate this appropriation and merge the funding with FEMA ‘‘Management and Administration’’. FEMA is to submit a master facilities plan to the Committee for the maintenance and modernization 

of both the Emergency Management Institute and USFA campuses, 

within 120 days after the date of enactment of this act. This plan 

should include any needed infrastructure improvements, building 

renovations, and life-cycle costs. Additionally, the plan shall identify where efficiencies can be gained through joint efforts. 

The Committee directs USFA to provide a briefing within 30 

days 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, 2008 1 ........................................................................... $1,400,000,000 

Budget estimate, 2009 ........................................................................... 1,900,000,000 

Committee recommendation ................................................................. 1,900,000,000 

1 Excludes $2,900,000,000 in emergency appropriations pursuant to Public Law 110–116. 

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 $1,900,000,000 for disaster relief. 

The Committee includes bill language transferring $43,485,000 of 

this amount to FEMA’s ‘‘Management and Administration’’ for the 

continued conversion of temporary employees into permanent employees and, $16,000,000 of this amount to the Office of Inspector 

General for audits and investigations related to disasters. Additionally, bill language is included providing up to $250,000,000 for disaster readiness and support costs. 

2004 HURRICANES

FEMA is directed to maintain the Florida long-term recovery office as long as there is sufficient work to be done following the 2004 

hurricanes that struck the State. FEMA is further directed to no-
120 

tify the Committee on Appropriations prior to the closing of the office, including specific information regarding why closing the office 

is appropriate and how any remaining workload will be effectively 

addressed. 

DISASTER READINESS AND SUPPORT

Appropriations, 2008 ............................................................................. ........................... 

Budget estimate, 2009 ........................................................................... $200,000,000 

Committee recommendation ................................................................. ........................... 

COMMITTEE RECOMMENDATIONS

The Committee does not include a new Disaster Readiness and 

Support appropriations account, as proposed in the budget. Instead 

this funding is provided in ‘‘Disaster Relief’’, as in previous years. 

The Committee is convinced that a separate appropriation is unnecessary with the improved financial transparency FEMA has provided. Additionally, the creation of the appropriations account will 

require coordination among three accounts for disaster readiness 

and support, instead of the two that currently exist (‘‘Disaster Relief’’ and ‘‘Management and Administration’’), which will lead to unnecessary bureaucratic delays and possible duplication in spending. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

Appropriations, 2008 ............................................................................. $875,000 

Budget estimate, 2009 1 ......................................................................... 295,000 

Committee recommendation 1 ............................................................... 295,000 

1Funding for administrative expenses totaling $580,000 is included in the FEMA ‘‘Management and Administration’’ account. 

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 the FEMA Management and Administration account, 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. 
121 

FLOOD MAP MODERNIZATION FUND

Appropriations, 2008 ............................................................................. $220,000,000 

Budget estimate, 2009 ........................................................................... 150,000,000 

Committee recommendation ................................................................. 185,000,000 

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 $185,000,000 for the Flood Map 

Modernization Fund and includes language in the bill that provides 

up to 3 percent of the funds may be made available for administrative purposes. The Committee notes that over $35,000,000 is provided through National Flood Insurance Fund fees for mapping activities, as proposed in the budget. Therefore, the Committee recommends an increase of $35,000,000 to bring the total amount for 

mapping activities to $220,000,000, the same amount as provided 

in fiscal year 2008. FEMA is directed to continue requesting the 

needed resources to ensure maps are up to date. 

The Committee recognizes that flood plain mapping in the gulf 

coast region after the hurricanes of 2005 is nearing completion. 

FEMA is directed to proactively and clearly communicate the impact of the changes of the maps to property owners. This communication effort shall be coordinated with State rebuilding efforts to 

ensure property owners have accurate information. 

NATIONAL FLOOD INSURANCE FUND

Appropriations, 2008 1 ........................................................................... ($145,000,000) 

Budget estimate, 2009 2 ......................................................................... (156,599,000) 

Committee recommendation ................................................................. (156,599,000) 

1Fully offset by fee collections. 

2 Budget proposes $35,700,000 for national flood mitigation purposes out of the National Flood 

Insurance Fund, instead of through a transfer from a separate National Flood Mitigation Fund 

account, as in prior fiscal years. 

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 $156,599,000, as proposed in the 

budget, for the National Flood Insurance Fund of which no less 

than $35,700,000 is for expenses under section 1366 of the National Flood Insurance Act (42 U.S.C. 4104c) to provide assistance 
122 

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. 

BIENNIAL FINANCIAL STATEMENT AUDITS

Extraordinary flood events in the last few years have raised 

awareness of the financial condition of the NFIF. The NFIF is 

largely implemented by private insurance companies that sell and 

service policies and adjust claims under the Write Your Own 

[WYO] Program. The most significant tool that FEMA uses to conduct reviews and oversight are the biennial financial statement audits that are required by FEMA regulations and the WYO Financial Control Plan. The Government Accountability Office found that 

the biennial financial statements audits were not performed consistently as required by regulation (FEMA’s Management and 

Oversight of Payments for Insurance Company Services Should Be 

Improved, GAO–07–1078). 

FEMA regulations require each participating company to arrange 

and pay for these audits by independent certified public accounting 

firms. However, many WYO insurance companies did not comply 

with the schedule in recent years. For example, for fiscal year 2005 

and 2006, 5 of 94 participating companies had biennial financial 

statement audits performed. 

The Committee directs FEMA to report within 90 days after the 

date of enactment of this act on the process put in place to track 

compliance with the biennial financial statement audits, certify the 

number of WYO insurance companies in compliance for fiscal year 

2008 and that the audits have been reviewed by FEMA program 

managers, and an explanation for any participating companies not 

in compliance. 

NATIONAL FLOOD MITIGATION FUND

Appropriations, 2008 1 ........................................................................... $34,000,000 

Budget estimate, 2009 2 ......................................................................... ........................... 

Committee recommendation 2 ............................................................... ........................... 

1 By transfer from the National Flood Insurance Fund. 

2 Budget proposes $35,700,000 for national flood mitigation purposes out of the National Flood 

Insurance Fund, instead of through a transfer from a separate National Flood Mitigation Fund 

account, as in fiscal year 2008. 

The Committee recommends $35,700,000 for national flood mitigation purposes out of the National Flood Insurance Fund as proposed in the budget. Therefore, no transfer is provided to the National Flood Mitigation Fund. 

NATIONAL PREDISASTER MITIGATION FUND

Appropriations, 2008 ............................................................................. $114,000,000 

Budget estimate, 2009 ........................................................................... 75,000,000 

Committee recommendation ................................................................. 100,000,000 

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 Haz-
123 

ard 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 $100,000,000 for PDM, an increase 

of $25,000,000 from the budget request. The Committee directs 

FEMA to operate this program competitively and to ensure that 

management costs are included within the funding level of each 

project. 

EMERGENCY FOOD AND SHELTER

Appropriations, 2008 ............................................................................. $153,000,000 

Budget estimate, 2009 ........................................................................... 100,000,000 

Committee recommendation ................................................................. 153,000,000 

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 $153,000,000, as provided in fiscal 

year 2008, instead of $100,000,000 as proposed in the budget, for 

the Emergency Food and Shelter program. 

CERRO GRANDE FIRE CLAIMS

(INCLUDING RECISSION OF FUNDS)

The Committee includes bill language rescinding unobligated 

funds made available in prior years. 
(124) 

TITLE IV 

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

Appropriations, 2008 1 ........................................................................... $80,973,000 

Budget estimate, 2009 ........................................................................... 2 154,540,000 

Committee recommendation ................................................................. 150,540,000 

1 Includes $80,000,000 in emergency appropriations pursuant to the Department of Homeland 

Security Appropriations Act, 2008 (Public Law 110–161). 2 Includes a $4,000,000 printing error contained within the fiscal year 2009 Budget Appendix. 

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 $2,689,726,000, 

including direct appropriations of $150,540,000 and estimated fee 

collections of $2,539,186,000. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2008 enacted 1Fiscal year 2009 

budget request 

Committee recommendations 3

Appropriations ................................................................................ 2 80,973 3 154,540 150,540 

Estimated Fee Collections: 

Immigration Examinations Fees ........................................... 2,494,872 2,495,186 2,495,186 

H–1B and L Fraud Prevention and Detection Fees .............. 31,000 31,000 31,000 

H–1B Non-immigrant Petitioner Fees ................................... 13,000 13,000 13,000 
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UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES—FUNDING SUMMARY—Continued 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 

Committee 

recommendations 3

Total, Estimated Fee Collections ...................................... 2,538,872 2,539,186 2,539,186 

Total, Available Funding .................................................. 2,619,845 2,693,726 2,689,726 

1 Does not reflect section 503 adjustments approved by the Senate and House of Representatives. 

2 Includes $80,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 

110–161). 3 Includes a $4,000,000 printing error contained within the fiscal year 2009 Budget Appendix. 

SURGE IN ADJUDICATION FEES

The Committee notes that it received two letters from the Deputy Under Secretary for Management, pursuant to section 503 of 

Public Law 110–161. One was a technical redistribution of USCIS 

fee estimates for fiscal year 2008 by program, project, and activity 

as presented in the President’s fiscal year 2008 budget and approved by Public Law 110–161 and an increase in spending authority for the Immigration Examinations Fee Account [IEFA] totaling 

$43,400,000. The other requested a net increase in USCIS fiscal 

year 2008 fee estimates for the IEFA totaling $238,767,000, representing the surge in naturalization and other adjudication of status applications during the summer of 2007. The Senate and the 

House of Representatives Committees on Appropriations each approved the request on February 12, 2008. 

The Committee anticipates that it will receive a section 503 notification requesting approval for obligating excess fees to be spent 

in fiscal year 2009. 

E-VERIFY

USCIS re-branded the Employment Eligibility Verification Basic 

Pilot Program in August 2007. The program is now called E-Verify. 

E-Verify allows employers to use a free, automated system to run 

employment authorization checks against DHS and Social Security 

Administration databases. Voluntary use of the program has grown 

considerably in the past few years and is expected to expand much 

further in the coming years as enforcement of existing immigration 

laws continues to grow. The Committee recommends $100,000,000 

and 255 positions, as requested in the budget, for E-Verify. The 

Committee notes that USCIS plans to use $24,500,000 in anticipated carry over funds from fiscal year 2008. 

REAL ID ACT IMPLEMENTATION

Included in the amount recommended by the Committee is 

$50,000,000, two positions, and two full-time equivalents, as requested in the budget, to assist in implementing the REAL ID Act. 

Specifically, these funds will allow States to verify document information with the Federal and State source agency for driver’s licenses or identification cards as well as enable States to share information. The Committee expects that all applicable DHS privacy 

rules and regulations will be adhered to in the development of this 

program. 
126 

FBI BACKGROUND CHECK BACKLOG

The Committee notes that it received the expenditure plan for 

the elimination of the name check backlog jointly submitted by 

USCIS and the Federal Bureau of Investigation [FBI] on April 1, 

2008. The current backlog of names needing to be checked by the 

FBI stands at over 327,000. These are individuals currently residing in the United States awaiting adjudication. The Committee believes this is an unnecessary security risk. Additionally, the delay 

in resolving the name check backlog is resulting in an increase in 

lawsuits against the Government. By law, USCIS is required to decide citizenship cases within 120 days of interviewing an applicant. 

In fiscal year 2005, applicants filed 370 lawsuits against USCIS for 

missing that deadline. The number of lawsuits is expected to surpass 5,200 this fiscal year. The Committee reminds both agencies 

that Congress has appropriated a total of $28,000,000 to expedite 

elimination of this backlog and reiterates its strong concern that 

this backlog must be addressed as aggressively as possible. Determination of immigration benefits is a national security issue as 

well as a humanitarian concern. The Committee has been assured 

by USCIS that the $28,000,000 will resolve this problem. If there 

is any indication that the April 1, 2008, plan will not resolve the 

backlog, the Committee expects to receive a reprogramming as soon 

as possible. 

The Committee is also aware of a June 2008, Department of Justice Inspector General audit report on the FBI’s security check procedures for immigration applications and petitions. The report recommends, and the FBI concurs, that USCIS place an on-site representative at the FBI facility in Winchester, Virginia, who can immediately respond to FBI name check analysts’ requests for additional information on these documents. The Committee urges 

USCIS to provide personnel to the FBI to respond to this recommendation. 

COMMITTEE RECOMMENDATIONS

The following table, which includes appropriations and estimated 

fee collections, summarizes the Committee’s recommendations as 

compared to the fiscal year 2008 and budget request levels: 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES—PROGRAM SUMMARY 

[In thousands of dollars] 

Fiscal year 2008 

enacted 1

Fiscal year 2009 

budget request 

Committee 

recommendations 

Appropriations: 

Employment Eligibility Verification [EEV]/E-Verify ............... 2 60,000 100,000 100,000 

FBI Background Check .......................................................... 2 20,000 ............................ ............................

Benefit Parole Programs ....................................................... 523 540 540 

Immigration Service Programs ............................................. 450 ............................ ............................

REAL ID Act Implementation ................................................ ............................ 50,000 50,000 

Total, Appropriations ........................................................ 80,973 3 154,540 150,540 

Fee Collections: 

Adjudication Services: 

Pay and Benefits ......................................................... 758,091 780,076 780,076 
127 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES—PROGRAM SUMMARY—Continued 

[In thousands of dollars] 

Fiscal year 2008 enacted 1Fiscal year 2009 

budget request 

Committee recommendations 

Operating Expenses: 

District Operations .............................................. 546,413 535,156 535,156 

Service Center Operations .................................. 352,866 345,890 345,890 

Asylum, Refugee and International Operations .. 94,561 92,602 92,602 

Records Operations ............................................. 87,739 85,946 85,946 

Business Transformation .................................... 139,000 139,000 139,000 

Subtotal, Adjudication Services ..................... 1,978,670 1,978,670 1,978,670 

Information and Customer Services: 

Pay and Benefits ......................................................... 89,977 92,587 92,587 

Operating Expenses: 

National Customer Service Center ...................... 55,600 53,747 53,747 

Information Services ........................................... 22,222 21,465 21,465 

Subtotal, Information and Customer Services ............................................................. 167,799 167,799 167,799 

Administration: 

Pay and Benefits ......................................................... 86,245 88,746 88,746 

Operating Expenses ..................................................... 287,654 285,153 285,153 

Subtotal, Administration ......................................... 373,899 373,899 373,899 

Systematic Alien Verification for Entitlements [SAVE] ......... 18,504 18,818 18,818 

Total, Fee Collections ....................................................... 2,538,872 2,539,186 2,539,186 

1 Does not reflect section 503 adjustments approved by the Senate and the House of Representatives. 

2 Designated as emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110–161). 3 Includes a $4,000,000 printing error contained within the fiscal year 2009 Budget Appendix. 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

Appropriations, 2008 1 ........................................................................... $238,076,000 

Budget estimate, 2009 ........................................................................... 230,670,000 

Committee recommendation ................................................................. 237,692,000 

1 Includes $17,000,000 in emergency appropriations pursuant to section 5 (in the matter preceding Division A of Public Law 110–161). 

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 $237,692,000 for salaries and expenses of the Federal Law Enforcement Training Center [FLETC] 

for fiscal year 2009. The Committee recommendation includes an 

increase of $7,022,000 above the fiscal year 2008 level in 

annualization and inflationary adjustments, as well as for training 

accreditation of Federal law enforcement agencies. 
128 

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. 

ACCREDITATION

The Committee has included in past years report language rejecting the transfer of the Federal Law Enforcement Training Accreditation Board [FLETA] from FLETC and instead funding FLETA 

within FLETC ‘‘Salaries and Expenses’’. The Committee again rejects transferring FLETA from FLETC and no funds from this appropriation or any other appropriation may be used for the purpose 

of transferring FLETA from FLETC. 

WASHINGTON OFFICE

The Committee understands that a Washington office was established in 1975 at the time of the transfer of FLETC to its current 

headquarters location in Glynco, Georgia. This office was created to 

facilitate and provide assistance for those functions that normally 

are done at a headquarters operation for an agency or component 

in Washington, DC. Therefore, the Committee directs that no appropriations may be used to transfer, or close down, the FLETC 

Washington office. The Committee recommends an additional 

$730,000 for operation of this office and includes bill language prohibiting the closure or transfer of this office. 

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. As often has been the case in past 

major surge hiring efforts, the expedited hiring process can create 

opportunities for abuse of the public trust. 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. 

To ensure that all aspects of ethics training is given the priority 

the taxpayers expect and deserve in its officials, the Committee directs the FLETA Board to develop standards that require agencies 

seeking accreditation of their basic or entry level law enforcement 

training programs to include comprehensive training on ethics and 

integrity. The FLETA Board will submit a report to the Committee 

on Appropriations no later than December 1, 2008, on the implementation of this directive. 
129 

RURAL POLICING INSTITUTE

The Committee supports the Rural Policing Institute [RPI], as it 

was created to address the training needs of rural first-responders. 

FLETC will export training programs to rural first-responders 

throughout the country. The Committee recommends $5,000,000 to 

implement the RPI as authorized in the 9/11 Act, to conduct and 

validate a nationwide needs assessment, and develop and deliver 

appropriate training programs. Initial funding will be used to create a business pan for the RPI that includes the following: a 5-year 

expenditure plan, a human capital investment plan, a strategy for 

evaluating the needs of the rural law enforcement community; an 

outreach effort to rural law enforcement; a plan to identify and 

work with partners and stakeholders in the development of new 

training programs to include a validation process to measure training outcomes. FLETC is directed to provide the business plan to 

the Committee within 90 days after the date of enactment of this 

act. 

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

Appropriations, 2008 1 ........................................................................... $50,590,000 

Budget estimate, 2009 ........................................................................... 43,456,000 

Committee recommendation ................................................................. 86,456,000 

1 Includes $4,000,000 in emergency appropriations pursuant to section 5 (in the matter preceding Division A of Public Law 110–161). 

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 $86,456,000 for acquisitions, construction, improvements, and related expenses for expansion and 

maintenance of facilities of FLETC. 

The Committee notes that the increased levels of training of U.S. 

Customs and Border Protection and U.S. Immigration and Customs 

Enforcement officers and agents has placed a strain on the training 

capacity at FLETC facilities. The Committee is aware that a leased 

dormitory facility which has been available for students at the 

Charleston, South Carolina campus will close in October 2009. The 

loss of access to this dormitory will exacerbate FLETC’s already 

strained training capacity where the campuses are operating in excess of 100 percent. To ensure that training of these critical law enforcement personnel continues without interruption, the Committee 

recommends an additional $40,000,000 to construct a dorm on the 

FLETC, Charleston campus. 

The Committee recommends an additional $3,000,000 to complete construction of training-related facilities at Artesia, New 

Mexico funded in fiscal year 2008. 
130 

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, 2008 ............................................................................. $138,600,000 

Budget estimate, 2009 ........................................................................... 132,100,000 

Committee recommendation ................................................................. 132,100,000 

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 $132,100,000 for management and 

administration of programs and activities carried out by S&T. 

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, 2008 ............................................................................. $691,735,000 

Budget estimate, 2009 ........................................................................... 736,737,000 

Committee recommendation ................................................................. 787,277,000 

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 $787,277,000 for research, development, acquisition, and operations of S&T for fiscal year 2009. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

SCIENCE AND TECHNOLOGY—RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS 

[In thousands of dollars] 

Fiscal year 2008 

enacted

Fiscal year 2009 

budget request 

Committee 

recommendations 

Borders and Maritime Security ...................................................... 25,479 35,300 35,300 

Chemical and Biological ................................................................ 208,020 200,408 200,408 

Command, Control, and Interoperability ....................................... 56,980 62,390 87,390 

Explosives ....................................................................................... 77,654 96,149 96,149 
131 

SCIENCE AND TECHNOLOGY—RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS— 

Continued 

[In thousands of dollars] 

Fiscal year 2008 enactedFiscal year 2009 

budget request 

Committee recommendations 

Human Factors ............................................................................... 14,206 12,460 8,000 

Infrastructure and Geophysical ..................................................... 64,500 37,816 64,816 

Innovation ...................................................................................... 33,000 45,000 33,000 

Laboratory Facilities ....................................................................... 103,814 146,940 161,940 

Test and Evaluation, Standards .................................................... 28,520 24,674 24,674 

Transition ....................................................................................... 25,265 31,830 26,830 

University Programs ....................................................................... 49,297 43,770 43,770 

Homeland Security Institute .......................................................... 5,000 ............................ 5,000 

Total, Research, Development, Acquisition and Operations ........................................................................... 691,735 736,737 787,277 

COMMAND, CONTROL, AND INTEROPERABILITY

The Committee provides $87,390,000 for Command, Control, and 

Interoperability, $25,000,000 above the request. The Committee 

was surprised the administration chose to reduce cyber security research by 8 percent only 4 weeks after issuing Homeland Security 

Presidential Directive-23, the classified document aimed at coordinating and enhancing the Nation’s defenses against ongoing cyber 

attacks. The Committee is particularly concerned about protecting 

the financial sector, which has become almost entirely dependent 

on computer systems, and encourages S&T to develop tools that 

will enable the private sector to protect itself. The Committee directs S&T to brief the Committee on how it will allocate these additional resources within 60 days after the date of enactment of this 

act. 

The Committee recommendation includes not less than 

$3,000,000, the same as the fiscal year 2008 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 work with the Open Technologies Security 

Project, 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

Federal funding for first responder communications equipment 

should be compliant with common system standards for digital 

public safety radio communications (Project 25 standards), as appropriate, to ensure interoperability. 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 Project 25 standards. 

EXPLOSIVES

The Committee provides $96,149,000 for explosives research, as 

requested. The Committee is pleased the Department appears to be 
132 

taking Committee direction and has increased rather than cut efforts to combat improvised explosive devices. 

INFRASTRUCTURE AND GEOPHYSICAL

The Committee recommends $64,816,000 for Infrastructure and 

Geophysical, $27,000,000 above the budget request level. The 

amount recommended includes $27,000,000 for the Oak Ridge National Laboratory for competitive awards to continue the Southeast 

Region Research Initiative. 

INNOVATION

The Committee recommends $33,000,000 for Innovation, the 

same level as fiscal year 2008. The Committee continues to support 

S&T’s efforts to explore innovative technologies that have a substantial risk of failure provided the potential benefits warrant such 

a risk. Similar to investing venture capital, high risk research can 

produce high return. However, just as venture capital investments 

need sound business plans, so does research. Unfortunately, it is 

unclear if project requirements are used to develop the criteria for 

these high risk efforts. One such project is CHLOE, which is offered as an alternative to the on-board airplane anti-missile systems. S&T does not require this high flying vehicle be able to disable a missile through cloud cover, a seemingly necessary requirement. The Committee directs S&T to brief the Committee on how 

it will use operational requirements to direct innovation project 

choices within 60 days after the date of enactment of this act. 

LABORATORY FACILITIES

The Committee recommends $161,940,000 for Laboratory Facilities, $15,000,000 above the amount requested. Included in this 

amount is $35,600,000 for the National Bio and Agro Defense Facility [NBAF], as requested in the budget. The NBAF is critically 

important to the Nation’s biological and agricultural threat preparedness and response efforts. The Committee expects the Department to meet its commitment to make a final decision on the location of the NBAF no later than October 2008. The Department is 

to continue to work in conjunction with the United States Department of Agriculture and Department of Health and Human Services and other organizations to allow construction of the NBAF to 

begin as soon as practicable. 

The Committee was encouraged that the Department finally submitted a request that reflected at least some of its construction obligations for the Physical Science Facility and refurbishment of 

building 325 at the Pacific Northwest National Laboratory. The 

Committee provides a total of $25,000,000, an increase of 

$15,000,000 from the request, for ongoing construction activities in 

support of the Department’s November 7, 2006, memorandum of 

understanding with the National Nuclear Security Administration 

and the United States Department of Energy. 

UNIVERSITY PROGRAMS

The Committee recommends $43,770,000, as requested, for University Programs. The Committee is aware of various concerns that 
133 

have been raised over the years with respect to the Department of 

Homeland Security Centers of Excellence awards. These awards 

are part of an important array of tools that DHS is using to secure 

the Nation against future terrorist threats. To be successful, these 

centers must cover a broad range of topics and utilize regional and 

local S&T expertise across the Nation. Consequently, the Committee directs S&T to submit a report to the Committee by December 15, 2008, on the process used for identifying the specific areas 

of focus for such centers as well as a State-by-State breakdown of 

institutions participating in each of the existing centers. 

HOMELAND SECURITY INSTITUTE

The Committee provides $5,000,000 for the Homeland Security 

Institute [HSI] and again creates a separate program, project, activity [PPA] for HSI. The request included funding for HSI within 

the Transition PPA, which has been reduced by a corresponding 

amount. The Committee appreciates S&T’s efforts to integrate HSI 

into thematic PPAs, but believes this activity is distinct enough to 

be made separate for budgetary transparency. 

CARRIZO CANE

The Committee is pleased with the progress that has been made 

in the project to research methods to eradicate Carrizo cane and 

encourages S&T to complete this project expeditiously. 

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: sensitive optical detection technologies; tools for predictive modeling of disease; first responder indoor locator tools; and low-cost gyroplane technology. 

DOMESTIC NUCLEAR DETECTION OFFICE

SUMMARY

The mission of the Domestic Nuclear Detection Office [DNDO] is 

to improve the Nation’s capability to detect and report attempts to 

import, possess, store, develop, or transport nuclear and radiological material for use against the Nation. 

COMMITTEE RECOMMENDATIONS

The Committee recommends a total program level of $541,100,000 for activities of DNDO for fiscal year 2009. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels: 

DOMESTIC NUCLEAR DETECTION OFFICE 

[In thousands of dollars] 

Fiscal year 2008 enactedFiscal year 2009 

budget request 

Committee recommendations 

Management and Administration ........................................................ 31,500 38,900 38,900 

Research, Development, and Operations ............................................. 323,500 334,200 334,200 
134 

DOMESTIC NUCLEAR DETECTION OFFICE—Continued 

[In thousands of dollars] 

Fiscal year 2008 enactedFiscal year 2009 

budget request 

Committee recommendations 

Systems Acquisition ............................................................................. 129,750 190,700 168,000 

Total, Domestic Nuclear Detection Office .............................. 484,750 563,800 541,100 

RISK-BASED DETECTION

The Committee notes the Secretary claims nearly 100 percent of 

all shipping containers are screened for radiation at the Southern 

border. However, the Committee remains concerned terrorists may 

be able to acquire a nuclear weapon and would choose to transport 

it into the country through other means. The Committee again 

urges DNDO to prioritize its development and deployment of detection equipment upon risk, and as appropriate, focus on other cargo 

and passenger pathways into the country such as bulk rail, general 

aviation, small pleasure maritime craft, or other routes it deems 

the highest risk. 

SECURING THE CITIES

The Committee recommends $30,000,000 for the Securing the 

Cities initiative, the same as requested. This amount is composed 

of $10,000,000 in ‘‘Research, Development, and Operations’’ and 

$20,000,000 in ‘‘Systems Acquisition’’. The Committee continues to 

strongly support the goals of this program, to detect radiological 

weapons before they are brought into our cities from the Nation’s 

interior and elsewhere, and awaits DNDO’s completion of a Securing the Cities strategic plan, which was due to the Committee on 

May 26, 2008. The Committee recommends allowing the resources 

allocated for Securing the Cities to also be available for threat reduction and response planning purposes. 

THE NUCLEAR THREAT AND RESOURCE ALLOCATION

The administration must prepare for disasters from an ‘‘all-hazards’’ perspective and preparedness efforts must address many scenarios. Preparing to shelter in place can aid in the event of a terrorist attack, but may also aid in the event of a storm. 

The administration has chosen to prioritize spending toward the 

nuclear threat over other ‘‘all-hazards’’ activities and provide targeted funding for nuclear detection efforts to mitigate the nuclear 

hazard. The Department’s detection efforts cost taxpayers roughly 

$500,000,000 each year, while similar amounts are spent annually 

by the Department of Energy and other agencies to detect or prevent a nuclear weapon from entering this country. The Committee 

notes the administration is only planning for success, and not preparing for failure. The administration has asked for no resources 

targeting preparation for mitigating the consequences of a nuclear 

attack. 

Within the resources made available, the Committee provides $2,500,000 for DNDO to enter into a contract with an independent 

scientific and policy body, such as the National Academies of 

Science [NAS], to determine a conceptual framework for using re-
135 

sources for defensive purposes and also mitigation measures should 

those defenses fail. 

MANAGEMENT AND ADMINISTRATION

Appropriations, 2008 ............................................................................. $31,500,000 

Budget estimate, 2009 ........................................................................... 38,900,000 

Committee recommendation ................................................................. 38,900,000 

The Management and Administration account funds salaries, 

benefits, and expenses for the Domestic Nuclear Detection Office. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $38,900,000 for management and 

administration, the same as requested. 

RESEARCH, DEVELOPMENT, AND OPERATIONS

Appropriations, 2008 ............................................................................. $323,500,000 

Budget estimate, 2009 ........................................................................... 334,200,000 

Committee recommendation ................................................................. 334,200,000 

COMMITTEE RECOMMENDATIONS

The Committee recommends $334,200,000 for research, development, and operations carried out by DNDO. 

TRANSFORMATIONAL RESEARCH

The Committee provides $113,300,000 for transformational research for DNDO’s development of advanced technologies to detect 

nuclear or radiological weapons, an increase of $17,300,000, as requested in the budget. In the past year, record oil prices have driven many nations to seek a nuclear solution for energy generation. 

While peaceful use of nuclear technology may be the stated goal of 

these nations, by-product highly enriched uranium [HEU] would 

likely find its way into the hands of their military establishments. 

This new global inclination makes efforts that may yield technologies that can detect shielded HEU extremely valuable and the 

Committee urges aggressive efforts to discover them. 

NATIONAL TECHNICAL NUCLEAR FORENSICS CENTER

The Committee directs DNDO to submit a report within 90 days 

of the date of enactment of this act on the National Technical Nuclear Forensics Center [NTNF], specifically on implementation of 

its quality assurance program and the results of the NAS study of 

its capabilities, infrastructure, and workforce, and the steps NTNF 

is taking to implement the recommendations. 

SYSTEMS ACQUISITION

Appropriations, 2008 ............................................................................. $129,750,000 

Budget estimate, 2009 ........................................................................... 190,700,000 

Committee recommendation ................................................................. 168,000,000 

COMMITTEE RECOMMENDATIONS

The Committee provides $168,000,000 for DNDO’s procurement 

and deployment of the domestic nuclear detection architecture. Of 

the amount provided, $13,000,000 is for human portable radiation 
136 

detection systems and $20,000,000 is provided for the Securing the 

Cities program within this account. The Committee recommends $135,000,000 for acquisition of radi- ation portal monitor systems, $22,700,000 below the budget request 

and $45,000,0000 above the fiscal year 2008 level. The Committee 

notes that certification of Advanced Spectroscopic Portal monitor 

systems by the Secretary will likely not occur expeditiously enough 

for quick obligation of the requested funds and has reduced this account accordingly. 

ADVANCED SPECTROSCOPIC PORTAL MONITORS

Once again, the bill prohibits DNDO from full-scale procurement 

of Advanced Spectroscopic Portal [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 address the requirements 

for operational effectiveness of each type of deployment. The Secretary shall consult with NAS before making such certification. Finally, DNDO is prohibited from engaging in high-risk concurrent 

development and production of mutually dependent software and 

hardware components of detection systems. 
(137) 

TITLE V 

GENERAL PROVISIONS 

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 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 
138 

the Department’s WCF in fiscal year 2009; 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 2009 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 2009 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, 2008, 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 2009. 

Section 505. The bill includes a provision that not to exceed 50 

percent of unobligated balances remaining at the end of fiscal year 

2009 from appropriations made for salaries and expenses shall remain available through fiscal year 2010 subject to reprogramming. 

Section 506. The bill includes a provision providing that funds for 

intelligence activities are specifically authorized during fiscal year 

2009 until the enactment of an act authorizing intelligence activities for fiscal year 2009. 

Section 507. The bill includes a provision directing the Federal 

Law Enforcement Training Accreditation Board to lead the Federal 

law enforcement training accreditation process. 

Section 508. 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 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 509. 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 510. The bill includes a provision that the Federal Law 

Enforcement Training Center [FLETC] shall schedule basic and/or 

advanced law enforcement training at all four training centers 

under its control to ensure that these training centers are operated 

at the highest capacity. 

Section 511. 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 
139 

40, United States Code, has not been approved. The bill excludes 

funds that may be required for development of a proposed prospectus. 

Section 512. The bill includes a provision that none of the funds 

may be used in contravention of the Buy American Act. 

Section 513. The bill includes a provision to prohibit the obligation of funds for the Secure Flight program, except on a test basis, 

until the requirements of section 522 of Public Law 108–334 have 

been met and certified by the Secretary of DHS and reviewed by 

the Government Accountability Office [GAO]. The Committee directs GAO to continue to evaluate DHS and Transportation Security Administration [TSA] actions to meet the ten conditions listed 

in section 522(a) of Public Law 108–334 and to report to the Committees on Appropriations, either incrementally as the Department 

meets additional conditions, or when all conditions have been met 

by the Department. The bill also prohibits the obligation of funds 

to develop or test algorithms assigning risk to passengers not on 

government watch lists and for a commercial database that is obtained from or remains under the control of a non-Federal entity, 

excluding Passenger Name Record data obtained from air carriers. 

Within 90 days after the date of enactment of this act, TSA shall 

submit a detailed plan on achieving key milestones, as well as certification of this program. 

Section 514. 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 515. The bill includes a provision regarding competitive 

sourcing for United States Citizenship and Immigration Services. 

Section 516. The bill includes a provision regarding the reimbursement to the Secret Service for the cost of protective services 

for the head of a Federal agency other than the Secretary of Homeland Security. The provision allows the Secret Service to seek reimbursement for the cost of such protective services. 

Section 517. The bill includes a provision directing the Secretary 

to research, develop, and procure new technologies to inspect and 

screen air cargo. In the interim, TSA shall utilize existing checked 

baggage explosives detection equipment and screeners to screen 

cargo on passenger aircraft when practicable. Language is included 

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, 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. 

Section 518. The bill includes a provision directing that only the 

Privacy Officer, appointed pursuant to section 222 of the Homeland 

Security Act of 2002, may alter, direct that changes be made to, 

delay, or prohibit the transmission of a Privacy Officer report to 

Congress. 

Section 519. The bill includes a provision prohibiting the use of 

funds made available in this act to pay the salary of any employee 

serving as a contracting officer’s technical representative [COTR], 

or acting in a similar capacity, who has not received COTR training. 
140 

Section 520. 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, and 2007 that are recovered or deobligated 

shall be available only for procurement and installation of explosives detection systems, for air cargo, baggage, and checkpoint 

screening systems, subject to notification. Quarterly reports must 

be submitted identifying any funds that are recovered or 

deobligated. 

Section 521. The bill includes a provision continuing section 

525(d) of Public Law 109–295 pertaining to sensitive security information in fiscal year 2009. 

Section 522. 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 523. 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 524. 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 525. The bill includes a provision relating to undercover 

investigative operations authority of the Secret Service. 

Section 526. The bill includes a provision prohibiting the use of 

funds to contravene the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of title V of the 

National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), 

or subtitle A of title I of the Energy Policy Act of 2005. 

Section 527. 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 528. The bill includes a provision prohibiting the use of 

funds to contravene section 303 of the Energy Policy Act of 1992. 

Section 529. The bill includes a provision prohibiting the use of 

funds in contravention of Executive Order 13149 relating to fleet 

and transportation efficiency. 

Section 530. The bill includes a provision contained in Public 

Law 110–28 on Coast Guard contracting and the Integrated Deepwater Systems program. 

Section 531. 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 532. The bill includes a provision regarding the enforcement of section 4025(1) of Public Law 108–458 regarding butane 

lighters. 
141 

Section 533. 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 534. The bill includes a provision prohibiting the obligation of funds appropriated 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. Certain exceptions apply. 

Section 535. 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 536. The bill includes a provision that precludes DHS 

from using funds in this act to carry out reorganization authority. 

Section 537. The bill includes a provision regarding the use of 

the National Center for Critical Information Processing and Storage data center. 

Section 538. 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 539. 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 540. The bill includes a provision that requires the Secretary to link all contracts that provide award fees to successful acquisition outcomes. 

Section 541. 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 542. The bill includes a provision contained in Public 

Laws 109–295 and 110–161 related to prescription drugs. 

Section 543. 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 544. None of the funds made available in this act may 

be used for planning, testing, piloting, or developing a national 

identification card. 

Section 545. 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 546. The bill includes a provision extending the Department’s other transactional authority through fiscal year 2009. 
142 

Section 547. 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 and certain expenses related to the sale. 

Section 548. The bill includes a new provision, requested by the 

President, authorizing, during fiscal year 2009, Secret Service protection for the Vice President and the Vice President’s spouse, after 

completion of the Vice President’s term in office. 

Section 549. The Committee continues to support expedited rebuilding in the Gulf Coast region and includes a provision regarding FEMA assistance to police stations, fire stations, and criminal 

justice facilities damaged by Hurricanes Katrina and Rita of 2005. 
(143) 

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, 2009, 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 2009 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 2009 budget estimates, as amended, for 

such components, as modified by congressional action. 
(144) 

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; 

U.S. Immigration and Customs Enforcement: Salaries and Expenses; Automation Modernization; and Federal Protective Service; 

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; and U.S. Visitor and Immigrant Status Indicator Technology; 

Office of Health Affairs; 

Federal Emergency Management Agency: Management and Administration; State and Local Programs; Disaster Relief; Flood Map 

Modernization Fund; and Emergency Food and Shelter; 

United States Citizenship and Immigration Services; 

Federal Law Enforcement Training Center: Salaries and Expenses; and Acquisition, Construction, Improvements, and Related 

Expenses; 
145 

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 19, 2008, the 

Committee ordered reported an original bill (S. 3181) making appropriations for the Department of Homeland Security for the fiscal 

year ending September 30, 2009, 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 

29–0, a quorum being present. The vote was as follows: 

Yeas Nays 

Chairman Byrd 

Mr. Inouye 

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. Cochran 

Mr. Stevens 

Mr. Specter 

Mr. Domenici 

Mr. Bond 

Mr. McConnell 

Mr. Shelby 

Mr. Gregg 

Mr. Bennett 

Mr. Craig 

Mrs. Hutchison 

Mr. Brownback 

Mr. Allard 

Mr. Alexander 

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 
146 

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. 

TITLE 6—DOMESTIC SECURITY 

CHAPTER 1—HOMELAND SECURITY ORGANIZATION 

* * * * * * * 

SUBCHAPTER VIII—COORDINATION WITH NON-FEDERAL 

ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS 

* * * * * * * 

Part D—Acquisitions 

* * * * * * * 

§ 391. Research and development projects 

(a) Authority 

øUntil September 30, 2008¿ Until September 30, 2009, the Secretary may carry out a pilot program under which the Secretary 

may exercise the following authorities: 

* * * * * * * 

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

LAW 107–206 

* * * * * * * 

TITLE I—SUPPLEMENTAL APPROPRIATIONS 

CHAPTER 1 

* * * * * * * 

CHAPTER 12 

* * * * * * * 
147 

INDEPENDENT AGENCIES 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

* * * * * * * 

GENERAL PROVISIONS—THIS CHAPTER

* * * * * * * 

SEC. 1202. (a) The Federal Law Enforcement Training Center 

may, for a period ending not later than øDecember 31, 2010¿ December 31, 2011, 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 ø2008¿ 2009, 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— 

* * * * * * * 
148 

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 

allocation 

Amount 

of bill 

Committee 

allocation 

Amount 

of bill 

Comparison of amounts in the bill with Committee allocations 

to its subcommittees of budget totals for 2009: Subcommittee on Homeland Security 

Mandatory ............................................................................ 1,152 1,152 1,148 1 1,148 

Discretionary ........................................................................ 42,252 42,252 42,792 1 42,580 

Projection of outlays associated with the recommendation: 

2009 ..................................................................................... .................... .................... .................... 2 24,257 

2010 ..................................................................................... .................... .................... .................... 7,727 

2011 ..................................................................................... .................... .................... .................... 5,474 

2012 ..................................................................................... .................... .................... .................... 2,281 

2013 and future years ........................................................ .................... .................... .................... 1,216 

Financial assistance to State and local governments for 

2009 ......................................................................................... NA 4,894 NA 418 

1 Includes outlays from prior-year budget authority. 

2 Excludes outlays from prior-year budget authority. 

NA: Not applicable. 

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 ‘‘congressional 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. 
149 

DEPARTMENT OF HOMELAND SECURITY 

Account Project Funding Member 

Chief Information Officer ................................................. National Center for Critical Information Processing and Storage, MS .......................................... $22,300,000 Senator Cochran U.S. Customs and Border Protection: Salaries and Expenses. 2010 Olympics Coordination Center, WA ........................................................................................ 4,500,000 Senator Murray U.S. Customs and Border Protection: Construction ......... Advanced Training Center, WV ........................................................................................................ 39,700,000 Senator Byrd U.S. Customs and Border Protection: Construction ......... Del Rio: Comstock, TX Station ........................................................................................................ 25,000,000 The President U.S. Customs and Border Protection: Construction ......... Detroit: Sandusky, OH Station ......................................................................................................... 4,000,000 The President U.S. Customs and Border Protection: Construction ......... Calexico, CA Station ........................................................................................................................ 34,000,000 The President U.S. Customs and Border Protection: Construction ......... Indio, CA Station ............................................................................................................................. 18,000,000 The President U.S. Customs and Border Protection: Construction ......... Sector HQ Vehicle Maintenance Facility, CA ................................................................................... 18,000,000 The President U.S. Customs and Border Protection: Construction ......... El Paso: Expanded Checkpoints, TX ................................................................................................ 1,513,000 The President U.S. Customs and Border Protection: Construction ......... Marfa: Presidio, TX Station ............................................................................................................. 3,000,000 The President U.S. Customs and Border Protection: Construction ......... Blythe, CA Station ........................................................................................................................... 28,900,000 The President U.S. Customs and Border Protection: Construction ......... Boulevard, CA Station ..................................................................................................................... 31,000,000 The President U.S. Customs and Border Protection: Construction ......... Casa Grande, AZ Station ................................................................................................................. 17,873,000 The President U.S. Customs and Border Protection: Construction ......... Naco, AZ Station .............................................................................................................................. 47,000,000 The President U.S. Customs and Border Protection: Construction ......... Sonoita, AZ Station .......................................................................................................................... 27,000,000 The President U.S. Customs and Border Protection: Construction ......... Yuma, AZ Hangar, Maintenance and Admin .................................................................................. 4,000,000 The President U.S. Customs and Border Protection: Construction ......... El Centro, CA Hangar, Maintenance & Admin ................................................................................ 2,100,000 The President U.S. Customs and Border Protection: Construction ......... El Paso, TX Consolidation of facilities ............................................................................................ 1,500,000 The President U.S. Customs and Border Protection: Construction ......... Laredo, TX Hangar, Maintenance & Admin ..................................................................................... 4,000,000 The President U.S. Customs and Border Protection: Construction ......... Marfa, TX Hangar, Maintenance & Admin ...................................................................................... 3,000,000 The President U.S. Customs and Border Protection: Construction ......... Uvalde, TX Hangar, Maintenance & Admin .................................................................................... 2,000,000 The President Coast Guard: Acquisition, Construction, and Improvements. CG Air Station Cape Cod, MA ......................................................................................................... 5,000,000 The President Coast Guard: Acquisition, Construction, and Improvements. Sector Delaware Bay, NJ .................................................................................................................. 13,000,000 The President Coast Guard: Acquisition, Construction, and Improvements. Coast Guard Housing—Cordova, AK ............................................................................................... 11,600,000 The President Coast Guard: Acquisition, Construction, and Improvements. Coast Guard Academy—Chase Hall, CT ......................................................................................... 10,300,000 The President, Senator Dodd Coast Guard: Acquisition, Construction, and Improvements. Station Montauk, NY ........................................................................................................................ 1,550,000 The President Coast Guard: Operating Expenses ................................... Operations Systems Center, WV ...................................................................................................... 3,600,000 Senator Byrd Coast Guard: Alteration of Bridges .................................. Elgin, Joliet, and Eastern Railway Company Bridge: Morris, IL ..................................................... 2,125,000 Senator Durbin Coast Guard: Alteration of Bridges .................................. Burlington Northern Railroad Bridge: Burlington, IA ...................................................................... 2,125,000 Senator Harkin Coast Guard: Alteration of Bridges .................................. Chelsea Street Bridge: Chelsea, MA ............................................................................................... 2,125,000 Senators Kennedy and Kerry 
150 

DEPARTMENT OF HOMELAND SECURITY—Continued 

Account Project Funding Member 

Coast Guard: Alteration of Bridges .................................. Canadian Pacific Railway Bridge: La Crosse, WI ........................................................................... 2,125,000 Senator Kohl Coast Guard: Alteration of Bridges .................................. Fourteen Mile Bridge: Mobile, AL .................................................................................................... 3,750,000 Senator Shelby Coast Guard: Alteration of Bridges .................................. Galveston Causeway Bridge: Galveston, TX .................................................................................... 3,750,000 Senator Hutchison NPPD: Infrastructure Protection and Information Security. National Infrastructure Simulation and Analysis Center, NM ........................................................ 20,000,000 The President, Senator Domenici FEMA: State and Local Programs .................................... Pacific Region Homeland Security Center, HI ................................................................................. 2,200,000 Senator Inouye FEMA: State and Local Programs .................................... Counterterrorism and Cyber Crime Center, VT ................................................................................ 1,700,000 Senator Leahy FEMA: State and Local Programs .................................... National Domestic Preparednesss Consortium ...............................................................................

National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology, NM ....................................................................................................National Center for Biomedical Research and Training, Louisiana State University, LA .....National Emergency Response and Rescue Training Center, Texas A&M University, TX ......National Exercise, Test, and Training Center, Nevada Test Site, NV ....................................

............................

22,000,000 

22,000,000 

22,000,000 

22,000,000 

The President; Senators Cornyn, 

Domenici, Hutchison, Landrieu, Reid, and Vitter 

FEMA: State and Local Programs .................................... National Domestic Preparednesss Consortium: 

Transportation Technology Center, Incorporated, CO .............................................................National Disaster Preparedness Training Center, University of Hawaii, HI ..........................

5,000,000 5,000,000 

Senators Allard and Salazar Senator Inouye 

FLETC: Acquisition, Construction, Improvements, and 

Related Expenses.

Artesia Construction, NM ................................................................................................................. 3,000,000 Senator Domenici 

FLETC: Acquisition, Construction, Improvements, and 

Related Expenses.

Practical Application/Counterterrorism Operations Training Facility, GA ....................................... 9,195,000 The President 

S&T: Research, Development, Acquisition, and Operations. Southeast Region Research Initiative, TN ....................................................................................... 27,000,000 Senators Alexander, Cochran, and Wicker S&T: Research, Development, Acquisition, and Operations. Distributed Environment for Critical Infrastructure Decisionmaking Exercises, Multiple Loca- tions. 3,000,000 Senators Bennett, Leahy, Lieberman and Voinovich 
151 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

DEPARTMENT OF HOMELAND SECURITY 

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS 

Departmental Operations 

Office of the Secretary and Executive Management: 

Immediate Office of the Secretary .................................................................................................................... 2,540 3,378 3,378 ∂838 ............................Immediate Office of the Deputy Secretary ........................................................................................................ 1,122 1,505 1,505 ∂383 ............................Chief of Staff .................................................................................................................................................... 2,639 2,693 2,693 ∂54 ............................Office of Counternarcotics Enforcement ........................................................................................................... 2,680 4,018 3,718 ∂1,038 ¥300 Executive Secretary ............................................................................................................................................ 4,722 5,848 7,448 ∂2,726 ∂1,600 Office of Policy .................................................................................................................................................. 33,000 43,693 42,763 ∂9,763 ¥930 Office of Public Affairs ..................................................................................................................................... 6,650 8,291 5,991 ¥659 ¥2,300 Office of Legislative and Intergovernmental Affairs ........................................................................................ 4,900 5,697 4,997 ∂97 ¥700 Office of General Counsel ................................................................................................................................. 13,500 20,914 20,114 ∂6,614 ¥800 Office of Civil Rights and Civil Liberties ......................................................................................................... 14,200 17,917 17,417 ∂3,217 ¥500 Citizenship and Immigration Services Ombudsman ......................................................................................... 5,900 6,471 6,471 ∂571 ............................Privacy Officer ................................................................................................................................................... 5,500 6,804 6,804 ∂1,304 ............................

Total, Office of the Secretary and Executive Management .......................................................................... 97,353 127,229 123,299 ∂25,946 ¥3,930 

Office of the Under Secretary for Management: 

Under Secretary for Management ..................................................................................................................... 2,012 2,654 2,654 ∂642 ............................Office of Security ............................................................................................................................................... 53,490 60,882 60,882 ∂7,392 ............................Office of the Chief Procurement Officer ........................................................................................................... 28,495 42,003 39,003 ∂10,508 ¥3,000 Office of the Chief Human Capital Officer: 

Salaries and expenses ............................................................................................................................. 8,811 31,827 30,537 ∂21,726 ¥1,290 Human resources ...................................................................................................................................... 10,000 15,000 10,000 ............................ ¥5,000 

Subtotal, Office of the Chief Human Capital Officer ......................................................................... 18,811 46,827 40,537 ∂21,726 ¥6,290 
152 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

Office of the Chief Administrative Officer: 

Salaries and expenses ............................................................................................................................. 41,430 41,727 41,727 ∂297 ............................Nebraska Avenue Complex (NAC) ............................................................................................................. 6,000 6,000 6,000 ............................ ............................St. Elizabeths Project ............................................................................................................................... ............................ 120,000 120,000 ∂120,000 ............................

Subtotal, Office of the Chief Administrative Officer ........................................................................... 47,430 167,727 167,727 ∂120,297 ............................Total, Office of the Under Secretary for Management ........................................................................ 150,238 320,093 310,803 ∂160,565 ¥9,290 

Office of the Chief Financial Officer ......................................................................................................................... 31,300 56,235 56,235 ∂24,935 ............................Office of the Chief Information Officer: 

Salaries and expenses ...................................................................................................................................... 81,000 86,928 86,928 ∂5,928 ............................Information technology activities ...................................................................................................................... 56,200 42,445 47,445 ¥8,755 ∂5,000 Security activities .............................................................................................................................................. 124,900 70,323 92,623 ¥32,277 ∂22,300 Homeland Secure Data Network (HSDN) ........................................................................................................... 33,100 47,673 47,673 ∂14,573 ............................

Subtotal, Office of the Chief Information Officer ........................................................................................ 295,200 247,369 274,669 ¥20,531 ∂27,300 

Analysis and Operations ............................................................................................................................................ 306,000 333,262 320,200 ∂14,200 ¥13,062 

Rescission .......................................................................................................................................................... ¥8,700 ............................ ¥2,500 ∂6,200 ¥2,500 

Subtotal, Analysis and Operations ............................................................................................................... 297,300 333,262 317,700 ∂20,400 ¥15,562 Total, Departmental Operations .................................................................................................................... 871,391 1,084,188 1,082,706 ∂211,315 ¥1,482 

Office of the Federal Coordinator for Gulf Coast Rebuilding .................................................................................... 2,700 291 2,700 ............................ ∂2,409 

Office of Inspector General 

Operating expenses .................................................................................................................................................... 92,711 101,013 96,013 ∂3,302 ¥5,000 

(transfer from Disaster Relief) .......................................................................................................................... (16,000 ) ............................ (16,000 ) ............................ (∂16,000 ) 
153 

Operating expenses (including transfers) ................................................................................................ 108,711 101,013 112,013 ∂3,302 ∂11,000 

Appropriations ................................................................................................................................. (92,711 ) (101,013 ) (96,013 ) (∂3,302 ) (¥5,000 ) by transfer ....................................................................................................................................... (16,000 ) ............................ (16,000 ) ............................ (∂16,000 ) 

Total, title I, Departmental Management and Operations (including transfers) ........................................ 982,802 1,185,492 1,197,419 ∂214,617 ∂11,927 

Appropriations ...................................................................................................................................... (975,502 ) (1,185,492 ) (1,183,919 ) (∂208,417 ) (¥1,573 ) Rescissions .......................................................................................................................................... (¥8,700 ) ............................ (¥2,500 ) (∂6,200 ) (¥2,500 ) 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 inspections and trade facilitation ........................... 619,325 644,351 646,608 ∂27,283 ∂2,257 Management and administration, border security, and control between ports of entry ........................ 602,016 622,300 622,550 ∂20,534 ∂250 

Subtotal, Headquarters, Management, and Administration ................................................................ 1,221,341 1,266,651 1,269,158 ∂47,817 ∂2,507 

Border security inspections and trade facilitation: 

Inspections, trade, and travel facilitation at ports of entry ................................................................... 1,583,235 1,834,793 2,041,846 ∂458,611 ∂207,053 Model ports of entry (emergency) ............................................................................................................ 40,000 ............................ ............................ ¥40,000 ............................Terrorist prevention system enhancements for passenger screening (emergency) ................................ 45,000 ............................ ............................ ¥45,000 ............................Electronic travel authorizations (emergency) ........................................................................................... 36,000 ............................ ............................ ¥36,000 ............................WHTI (emergency) ..................................................................................................................................... 150,000 ............................ ............................ ¥150,000 ............................

Subtotal, Inspections, trade, and travel facilitation at ports of entry ............................................... 1,854,235 1,834,793 2,041,846 ∂187,611 ∂207,053 

Harbor maintenance fee collection (trust fund) ............................................................................................... 3,093 3,154 3,154 ∂61 ............................Container security initiative .............................................................................................................................. 156,130 149,450 149,450 ¥6,680 ............................Other international programs ............................................................................................................................ 10,866 10,984 10,984 ∂118 ............................Customs-Trade Partnership Against Terrorism (C–TPAT) ................................................................................. 62,310 64,496 64,496 ∂2,186 ............................Free and Secure Trade (FAST) NEXUS/SENTRI .................................................................................................. 11,243 11,274 11,274 ∂31 ............................Inspection and detection technology investments ............................................................................................ 105,027 117,144 117,144 ∂12,117 ............................Automated targeting systems ........................................................................................................................... 27,580 32,550 32,550 ∂4,970 ............................National Targeting Center ................................................................................................................................. 23,950 24,481 24,481 ∂531 ............................Training ............................................................................................................................................................. 24,813 24,778 24,778 ¥35 ............................

Subtotal, Border security inspections and trade facilitation ....................................................................... 2,279,247 2,273,104 2,480,157 ∂200,910 ∂207,053 

Border security and control between ports of entry: 

Border security and control ...................................................................................................................... 2,984,443 3,440,505 3,440,505 ∂456,062 ............................
154 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

Ground transportation contract (emergency) .................................................................................. 25,000 ............................ ............................ ¥25,000 ............................Border patrol vehicles (emergency) ................................................................................................ 13,000 ............................ ............................ ¥13,000 ............................

Training .................................................................................................................................................... 52,789 74,815 74,815 ∂22,026 ............................

Subtotal, Border security and control between ports of entry ............................................................ 3,075,232 3,515,320 3,515,320 ∂440,088 ............................

Air and Marine Personnel Compensation and Benefits .................................................................................... 212,740 254,279 271,679 ∂58,939 ∂17,400 

Emergency appropriations ........................................................................................................................ 14,000 ............................ ............................ ¥14,000 ............................

Subtotal, Air and Marine Personnel Compensation and Benefits ...................................................... 226,740 254,279 271,679 ∂44,939 ∂17,400 Subtotal, Salaries and expenses ......................................................................................................... 6,802,560 7,309,354 7,536,314 ∂733,754 ∂226,960 

Rescission ................................................................................................................................................................... ............................ ............................ ¥13,000 ¥13,000 ¥13,000 

Total, Salaries and expenses ........................................................................................................................ 6,802,560 7,309,354 7,523,314 ∂720,754 ∂213,960 

Appropriations ...................................................................................................................................... (6,476,467 ) (7,306,200 ) (7,533,160 ) (∂1,056,693 ) (∂226,960 ) Rescissions .......................................................................................................................................... ............................ ............................ (¥13,000 ) (¥13,000 ) (¥13,000 ) Emergency appropriations ................................................................................................................... (323,000 ) ............................ ............................ (¥323,000 ) ............................Trust fund ............................................................................................................................................ (3,093 ) (3,154 ) (3,154 ) (∂61 ) ............................

Automation modernization: 

Automated commercial environment/International Trade Data System (ITDS) ................................................ 316,969 316,851 316,851 ¥118 ............................Automated commercial system and current operations and processing support ........................................... 159,640 194,483 194,483 ∂34,843 ............................

Subtotal, Automation modernization ............................................................................................................ 476,609 511,334 511,334 ∂34,725 ............................

Border security fencing, infrastructure, and technology (BSFIT): 

Development and deployment ........................................................................................................................... 35,000 275,000 275,000 ∂240,000 ............................

Emergency appropriations ........................................................................................................................ 1,053,000 ............................ ............................ ¥1,053,000 ............................

Operation and maintenance .............................................................................................................................. 73,000 410,000 410,000 ∂337,000 ............................Program management ....................................................................................................................................... 64,000 90,000 90,000 ∂26,000 ............................
155 

Subtotal, BSFIT ............................................................................................................................................. 1,225,000 775,000 775,000 ¥450,000 ............................

Appropriations ...................................................................................................................................... (172,000 ) (775,000 ) (775,000 ) (∂603,000 ) ............................Emergency appropriations ................................................................................................................... (1,053,000 ) ............................ ............................ (¥1,053,000 ) ............................

Air and Marine Interdiction, Operations, Maintenance, and Procurement: 

Operations and maintenance ............................................................................................................................ 353,614 380,022 380,022 ∂26,408 ............................Procurement ....................................................................................................................................................... 122,433 147,978 147,978 ∂25,545 ............................

Emergency appropriations ........................................................................................................................ 94,000 ............................ ............................ ¥94,000 ............................

Subtotal ................................................................................................................................................ 216,433 147,978 147,978 ¥68,455 ............................Subtotal, Air and marine interdiction, operations, maintenance, and procurement .......................... 570,047 528,000 528,000 ¥42,047 ............................

Appropriations ............................................................................................................................. (476,047 ) (528,000 ) (528,000 ) (∂51,953 ) ............................Emergency appropriations .......................................................................................................... (94,000 ) ............................ ............................ (¥94,000 ) ............................

Construction: 

Construction ...................................................................................................................................................... 287,363 363,501 403,201 ∂115,838 ∂39,700 

Construction (Border Patrol) (emergency) ................................................................................................ 61,000 ............................ ............................ ¥61,000 ............................

Subtotal, Construction ......................................................................................................................... 348,363 363,501 403,201 ∂54,838 ∂39,700 Total, Direct appropriations for Customs and Border Protection ....................................................... 9,422,579 9,487,189 9,740,849 ∂318,270 ∂253,660 

Fee accounts: 

Immigration inspection user fee ....................................................................................................................... (535,291 ) (570,059 ) (570,059 ) (∂34,768 ) ............................Immigration enforcement fines ......................................................................................................................... (3,440 ) (3,331 ) (3,331 ) (¥109 ) ............................Land border inspection fee ............................................................................................................................... (30,121 ) (26,880 ) (26,880 ) (¥3,241 ) ............................COBRA passenger inspection fee ...................................................................................................................... (392,180 ) (410,666 ) (410,666 ) (∂18,486 ) ............................APHIS inspection fee ......................................................................................................................................... (299,622 ) (333,433 ) (333,433 ) (∂33,811 ) ............................Puerto Rico collections ...................................................................................................................................... (117,214 ) (96,719 ) (96,719 ) (¥20,495 ) ............................Small airport user fees ..................................................................................................................................... (7,057 ) (7,057 ) (7,057 ) ............................ ............................

Subtotal, fee accounts .................................................................................................................................. (1,384,925 ) (1,448,145 ) (1,448,145 ) (∂63,220 ) ............................Total, U.S. Customs and Border Protection .................................................................................................. (10,807,504 ) (10,935,334 ) (11,188,994 ) (∂381,490 ) (∂253,660 ) 

Appropriations ...................................................................................................................................... (7,891,579 ) (9,487,189 ) (9,753,849 ) (∂1,862,270 ) (∂266,660 ) Emergency appropriations ................................................................................................................... (1,531,000 ) ............................ ............................ (¥1,531,000 ) ............................(Fee accounts) ..................................................................................................................................... (1,384,925 ) (1,448,145 ) (1,448,145 ) (∂63,220 ) ............................
156 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

U.S. Immigration and Customs Enforcement 

Salaries and expenses: 

Headquarters, Management and Administration (non-Detention and Removal Operations): 

Personnel compensation and benefits, service and other costs ............................................................. 164,887 200,188 202,188 ∂37,301 ∂2,000 ICE vehicle replacements (emergency) .................................................................................................... 4,000 ............................ ............................ ¥4,000 ............................Headquarters-managed IT investment ..................................................................................................... 146,654 174,348 174,348 ∂27,694 ............................

Subtotal, Headquarters, Management, and Administration ................................................................ 315,541 374,536 376,536 ∂60,995 ∂2,000 

Legal proceedings ............................................................................................................................................. 208,350 214,332 214,332 ∂5,982 ............................Investigations: 

Domestic ................................................................................................................................................... 1,372,328 1,474,708 1,514,008 ∂141,680 ∂39,300 

Emergency appropriations ............................................................................................................... 50,200 ............................ ............................ ¥50,200 ............................

Total, Domestic ........................................................................................................................... 1,422,528 1,474,708 1,514,008 ∂91,480 ∂39,300 

International ............................................................................................................................................. 107,551 125,141 133,541 ∂25,990 ∂8,400 

Subtotal, Investigations .............................................................................................................. 1,530,079 1,599,849 1,647,549 ∂117,470 ∂47,700 

Intelligence ........................................................................................................................................................ 52,146 52,956 55,789 ∂3,643 ∂2,833 Detention and removal operations: 

Custody operations ................................................................................................................................... 1,461,212 1,696,495 1,721,268 ∂260,056 ∂24,773 

Emergency appropriations ............................................................................................................... 186,000 ............................ ............................ ¥186,000 ............................

Fugitive operations ................................................................................................................................... 186,145 226,477 226,477 ∂40,332 ............................

Emergency appropriations ............................................................................................................... 32,800 ............................ ............................ ¥32,800 ............................

Criminal Alien program ............................................................................................................................ 178,829 189,069 189,069 ∂10,240 ............................Alternatives to detention .......................................................................................................................... 43,889 55,791 59,791 ∂15,902 ∂4,000 

Emergency appropriations ............................................................................................................... 10,000 ............................ ............................ ¥10,000 ............................

Transportation and removal ..................................................................................................................... 249,126 281,399 281,399 ∂32,273 ............................

Emergency appropriations ............................................................................................................... 33,400 ............................ ............................ ¥33,400 ............................
157 

Subtotal, Detention and removal operations .............................................................................. 2,381,401 2,449,231 2,478,004 ∂96,603 ∂28,773 

Comprehensive identification and removal of criminal aliens ........................................................................ ............................ ............................ 160,000 ∂160,000 ∂160,000 

(emergency) .............................................................................................................................................. 200,000 ............................ ............................ ¥200,000 ............................

Subtotal, Salaries and expenses ......................................................................................................... 4,687,517 4,690,904 4,932,210 ∂244,693 ∂241,306 

Appropriations ............................................................................................................................. (4,171,117 ) (4,690,904 ) (4,932,210 ) (∂761,093 ) (∂241,306 ) Emergency appropriations .......................................................................................................... (516,400 ) ............................ ............................ (¥516,400 ) ............................

Federal Protective Service: 

Basic security .................................................................................................................................................... 186,673 189,673 213,673 ∂27,000 ∂24,000 Building specific security (including capital equipment replacement/acquisition) ........................................ 426,327 426,327 426,327 ............................ ............................

Subtotal, Federal Protective Service ............................................................................................................. 613,000 616,000 640,000 ∂27,000 ∂24,000 

Offsetting fee collections .................................................................................................................................. ¥613,000 ¥616,000 ¥640,000 ¥27,000 ¥24,000 

Automation modernization: ATLAS 30,700 57,000 57,000 ∂26,300 ............................Construction ............................................................................................................................................................... 6,000 ............................ ............................ ¥6,000 ............................

Emergency appropriations ................................................................................................................................. 10,500 ............................ ............................ ¥10,500 ............................

Subtotal, Construction .................................................................................................................................. 16,500 ............................ ............................ ¥16,500 ............................Total, Direct appropriations for U.S. Immigration Customs Enforcement ................................................... 4,734,717 4,747,904 4,989,210 ∂254,493 ∂241,306 

Fee accounts: 

Immigration inspection user fee ....................................................................................................................... (113,500 ) (119,000 ) (119,000 ) (∂5,500 ) ............................Breached bond/detention fund .......................................................................................................................... (63,800 ) (60,000 ) (60,000 ) (¥3,800 ) ............................Student exchange and visitor fee ..................................................................................................................... (56,200 ) (120,000 ) (120,000 ) (∂63,800 ) ............................

Subtotal, fee accounts .................................................................................................................................. (233,500 ) (299,000 ) (299,000 ) (∂65,500 ) ............................Subtotal, U.S. Immigration and Customs Enforcement (gross) ................................................................... (5,581,217 ) (5,662,904 ) (5,928,210 ) (∂346,993 ) (∂265,306 ) 

Offsetting fee collections ..................................................................................................................... (¥613,000 ) (¥616,000 ) (¥640,000 ) (¥27,000 ) (¥24,000 ) 

Total, U.S. Immigration and Customs Enforcement ..................................................................................... (4,968,217 ) (5,046,904 ) (5,288,210 ) (∂319,993 ) (∂241,306 ) 

Appropriations ...................................................................................................................................... (4,207,817 ) (4,747,904 ) (4,989,210 ) (∂781,393 ) (∂241,306 ) Emergency appropriations ................................................................................................................... (526,900 ) ............................ ............................ (¥526,900 ) ............................Fee accounts ........................................................................................................................................ (233,500 ) (299,000 ) (299,000 ) (∂65,500 ) ............................
158 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

Transportation Security Administration 

Aviation security: 

Screening operations: 

Screener workforce: 

Privatized screening ........................................................................................................................ 143,385 151,272 151,272 ∂7,887 ............................Passenger & Baggage screener—personnel, compensation, and benefits ................................... 2,636,104 2,716,014 2,692,014 ∂55,910 ¥24,000 

Subtotal, Screener workforce ...................................................................................................... 2,779,489 2,867,286 2,843,286 ∂63,797 ¥24,000 

Screener training and other ..................................................................................................................... 223,766 197,318 197,318 ¥26,448 ............................Human resource services ......................................................................................................................... 182,234 ............................ ............................ ¥182,234 ............................Checkpoint support .................................................................................................................................. ............................ 127,683 200,000 ∂200,000 ∂72,317 EDS/ETD Systems: 

EDS procurement and installation .................................................................................................. 294,000 153,894 294,000 ............................ ∂140,106 Screening technology maintenance and utilities ............................................................................ 264,000 310,625 305,625 ∂41,625 ¥5,000 Operation integration ...................................................................................................................... 25,000 21,481 21,481 ¥3,519 ............................

Subtotal, EDS/ETD Systems ........................................................................................................ 583,000 486,000 621,106 ∂38,106 ∂135,106 Subtotal, Screening operations ................................................................................................... 3,768,489 3,678,287 3,861,710 ∂93,221 ∂183,423 

Aviation security direction and enforcement: 

Aviation regulation and other enforcement ............................................................................................. 255,953 209,991 250,768 ¥5,185 ∂40,777 Airport management and support ............................................................................................................ 651,933 373,010 407,166 ¥244,767 ∂34,156 FFDO and flight crew training ................................................................................................................. 25,091 ............................ 25,025 ¥66 ∂25,025 Air cargo ................................................................................................................................................... 73,000 ............................ 122,849 ∂49,849 ∂122,849 Airport perimeter security ......................................................................................................................... 4,000 ............................ 4,000 ............................ ∂4,000 Law enforcement ...................................................................................................................................... ............................ 242,247 ............................ ............................ ¥242,247 

Subtotal, Aviation security direction andenforcement ........................................................................ 1,009,977 825,248 809,808 ¥200,169 ¥15,440 
159 

Federal Air Marshals ......................................................................................................................................... ............................ 786,000 ............................ ............................ ¥786,000 Implementing requirements of Public Law 110–53 ......................................................................................... 30,000 ............................ ............................ ¥30,000 ............................

(Non-add) ................................................................................................................................................. ............................ ............................ (20,000 ) (∂20,000 ) (∂20,000 ) 

Discretionary fees: 

General aviation at DCA .......................................................................................................................... 25 ............................ ............................ ¥25 ............................Indirect air cargo ..................................................................................................................................... 200 ............................ ............................ ¥200 ............................

Total, Discretionary fees ...................................................................................................................... 225 ............................ ............................ ¥225 ............................

Fee-funded programs: 

General aviation at DCA .......................................................................................................................... ............................ (75 ) (75 ) (∂75 ) ............................Indirect air cargo ..................................................................................................................................... ............................ (200 ) (200 ) (∂200 ) ............................

Total, Fee-funded programs ................................................................................................................ ............................ (275 ) (275 ) (∂275 ) ............................

Aviation security capital fund (mandatory) ...................................................................................................... (250,000 ) (250,000 ) (250,000 ) ............................ ............................Aviation security capital fund enhancement (mandatory) ............................................................................... ............................ (426,000 ) ............................ ............................ (¥426,000 ) Checkpoint screening security fund (mandatory) ............................................................................................. (250,000 ) ............................ ............................ (¥250,000 ) ............................

Total, Aviation security (gross) (including transfers) .................................................................................. 4,808,691 5,289,535 4,671,518 ¥137,173 ¥618,017 

Offsetting fee collections (non-mandatory) ......................................................................................... ¥2,210,000 ¥2,320,000 ¥2,320,000 ¥110,000 ............................Discretionary fees—offsetting collections (non-mandatory) .............................................................. ¥225 ............................ ............................ ∂225 ............................Fee-funded programs (nonadd) ........................................................................................................... ............................ (¥275 ) (¥275 ) (¥275 ) ............................

Total, Aviation security (net) ........................................................................................................................ 2,598,466 2,969,535 2,351,518 ¥246,948 ¥618,017 

Rescission .......................................................................................................................................................... ............................ ............................ ¥7,300 ¥7,300 ¥7,300 

Total, Aviation security (net w/rescission) ................................................................................................... 2,598,466 2,969,535 2,344,218 ¥254,248 ¥625,317 

Rescissions .......................................................................................................................................... ............................ ............................ (¥7,300 ) (¥7,300 ) (¥7,300 ) Aviation security capital fund ............................................................................................................. (250,000 ) (250,000 ) (250,000 ) ............................ ............................Recapitalization fee proposal .............................................................................................................. ............................ (426,000 ) ............................ ............................ (¥426,000 ) Checkpoint screening security fund .................................................................................................... (250,000 ) ............................ ............................ (¥250,000 ) ............................

Surface transportation security: 

Staffing and operations .................................................................................................................................... 24,485 25,397 33,785 ∂9,300 ∂8,388 Rail security inspectors and canines ............................................................................................................... 22,128 11,603 29,721 ∂7,593 ∂18,118 

Subtotal, Surface transportation security .................................................................................................... 46,613 37,000 63,506 ∂16,893 ∂26,506 

Transportation Threat Assessment and Credentialing: 

Secure Flight ..................................................................................................................................................... 50,000 82,211 82,211 ∂32,211 ............................Crew vetting ...................................................................................................................................................... 14,990 ............................ ............................ ¥14,990 ............................
160 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

Screening administration and operations ......................................................................................................... 9,500 50,807 37,407 ∂27,907 ¥13,400 TWIC direct appropriations ................................................................................................................................ 8,100 ............................ ............................ ¥8,100 ............................Registered Traveler Program fees ..................................................................................................................... (35,101 ) (10,000 ) (10,000 ) (¥25,101 ) ............................TWIC fees ........................................................................................................................................................... (26,500 ) (9,000 ) (9,000 ) (¥17,500 ) ............................Hazardous materials fees ................................................................................................................................. (19,000 ) (18,000 ) (18,000 ) (¥1,000 ) ............................Alien Flight School (by transfer from DOJ)—fees ............................................................................................ (2,000 ) (3,000 ) (3,000 ) (∂1,000 ) ............................

Subtotal, Transportation Threat Assessment and Credentialing (Gross) .................................................... (165,191 ) (173,018 ) (159,618 ) (¥5,573 ) (¥13,400 ) 

Fee funded programs ........................................................................................................................... (82,601 ) (40,000 ) (40,000 ) (¥42,601 ) ............................

Subtotal, Transportation Threat Assessment and Credentialing (net) ........................................................ 82,590 133,018 119,618 ∂37,028 ¥13,400 

Transportation security support: 

Headquarters administration ............................................................................................................................ 293,191 213,135 237,370 ¥55,821 ∂24,235 Information technology ...................................................................................................................................... 209,324 472,799 472,799 ∂263,475 ............................Human capital services .................................................................................................................................... ............................ 218,105 218,105 ∂218,105 ............................Intelligence ........................................................................................................................................................ 21,000 21,961 21,961 ∂961 ............................

Subtotal, Transportation security support .................................................................................................... 523,515 926,000 950,235 ∂426,720 ∂24,235 

Federal Air Marshals: 

Management and administration ...................................................................................................................... 674,173 ............................ 701,743 ∂27,570 ∂701,743 Travel and training ........................................................................................................................................... 95,327 ............................ 97,357 ∂2,030 ∂97,357 

Subtotal, Federal Air Marshals ..................................................................................................................... 769,500 ............................ 799,100 ∂29,600 ∂799,100 Total, Transportation Security Administration (gross) (including trans) (w/out rescission) ....................... 6,813,510 7,101,553 6,893,977 ∂80,467 ¥207,576 Total, Transportation Security Administration (gross) (including trans) (with rescission) ......................... 6,813,510 7,101,553 6,886,677 ∂73,167 ¥214,876 

Offsetting fee collections ..................................................................................................................... (¥2,210,225 ) (¥2,320,000 ) (¥2,320,000 ) (¥109,775 ) ............................Aviation security capital fund ............................................................................................................. (250,000 ) (250,000 ) (250,000 ) ............................ ............................EDS recapitalization (mandatory) ........................................................................................................ ............................ (426,000 ) ............................ ............................ (¥426,000 ) 
161 

Checkpoint screening security fund .................................................................................................... (250,000 ) ............................ ............................ (¥250,000 ) ............................Fee accounts ........................................................................................................................................ (82,601 ) (40,000 ) (40,000 ) (¥42,601 ) ............................

Total, Transportation Security Administration (net) ..................................................................................... 4,020,684 4,065,553 4,276,677 ∂255,993 ∂211,124 

Appropriations ...................................................................................................................................... (4,020,684 ) (4,065,553 ) (4,283,977 ) (∂263,293 ) (∂218,424 ) Rescissions .......................................................................................................................................... ............................ ............................ (¥7,300 ) (¥7,300 ) (¥7,300 ) 

Coast Guard 

Operating expenses: 

Military pay and allowance ............................................................................................................................... 2,921,673 3,076,837 3,121,391 ∂199,718 ∂44,554 Port and maritime security enhancements (emergency) .................................................................................. 70,300 ............................ ............................ ¥70,300 ............................Civilian pay and benefits .................................................................................................................................. 594,803 692,859 691,030 ∂96,227 ¥1,829 Training and recruiting ..................................................................................................................................... 185,604 196,063 198,686 ∂13,082 ∂2,623 Operating funds and unit level maintenance .................................................................................................. 1,134,881 1,169,942 1,181,918 ∂47,037 ∂11,976 Centrally managed accounts ............................................................................................................................ 229,896 262,795 267,229 ∂37,333 ∂4,434 Intermediate and depot level maintenance ...................................................................................................... 754,190 814,906 820,243 ∂66,053 ∂5,337 Less adjustment for defense function .............................................................................................................. ¥340,000 ¥340,000 ¥340,000 ............................ ............................Defense function ............................................................................................................................................... 340,000 340,000 340,000 ............................ ............................Transfer from Defense, O&M Navy .................................................................................................................... (110,000 ) ............................ ............................ (¥110,000 ) ............................

Subtotal, Operating expenses ....................................................................................................................... 6,001,347 6,213,402 6,280,497 ∂279,150 ∂67,095 

Appropriations ...................................................................................................................................... (5,481,047 ) (5,873,402 ) (5,940,497 ) (∂459,450 ) (∂67,095 ) Emergency appropriations ................................................................................................................... (70,300 ) ............................ ............................ (¥70,300 ) ............................Defense function .................................................................................................................................. (340,000 ) (340,000 ) (340,000 ) ............................ ............................

Environmental compliance and restoration ............................................................................................................... 13,000 12,315 12,315 ¥685 ............................Reserve training ......................................................................................................................................................... 126,883 130,501 130,501 ∂3,618 ............................Acquisition, construction, and improvements: 

Vessels: 

Response boat medium ............................................................................................................................ 9,200 64,000 108,000 ∂98,800 ∂44,000 

Emergency appropriation ................................................................................................................. 35,800 ............................ ............................ ¥35,800 ............................

Inland river tender recapitalization ......................................................................................................... ............................ 5,000 5,000 ∂5,000 ............................

Subtotal, Vessels ................................................................................................................................. 45,000 69,000 113,000 ∂68,000 ∂44,000 

Integrated deepwater systems: 

Aircraft: 

Unmanned aircraft systems ............................................................................................................ ............................ 3,000 3,000 ∂3,000 ............................Maritime Patrol Aircraft (MPA) ........................................................................................................ 170,016 86,600 86,600 ¥83,416 ............................HH–60 conversions .......................................................................................................................... 57,300 52,700 52,700 ¥4,600 ............................
162 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

HC–130H conversions ..................................................................................................................... 18,900 24,500 24,500 ∂5,600 ............................HH–65 conversion project ............................................................................................................... 50,800 64,500 64,500 ∂13,700 ............................Armed helicopter equipment ........................................................................................................... 24,600 ............................ ............................ ¥24,600 ............................C–130J fleet introduction ................................................................................................................ 5,800 ............................ 23,700 ∂17,900 ∂23,700 

Subtotal, Aircraft ........................................................................................................................ 327,416 231,300 255,000 ¥72,416 ∂23,700 

Surface ships: 

National Security Cutter (NSC) ....................................................................................................... 165,700 353,700 353,700 ∂188,000 ............................Offshore Patrol Cutter (OPC) ........................................................................................................... ............................ 3,003 3,003 ∂3,003 ............................Replacement Patrol Boat (FRC–B) .................................................................................................. ............................ 115,300 115,300 ∂115,300 ............................IDS small boats ............................................................................................................................... 2,700 2,400 2,400 ¥300 ............................Patrol Boat sustainment ................................................................................................................. 40,500 30,800 30,800 ¥9,700 ............................Medium endurance cutter sustainment .......................................................................................... 34,500 35,500 35,500 ∂1,000 ............................

Subtotal, Surface ships .............................................................................................................. 243,400 540,703 540,703 ∂297,303 ............................

Technology obsolescence .......................................................................................................................... 700 1,500 1,500 ∂800 ............................C4ISR ........................................................................................................................................................ 89,630 88,100 88,100 ¥1,530 ............................Logistics ................................................................................................................................................... 36,500 37,700 37,700 ∂1,200 ............................Systems engineering and integration ...................................................................................................... 35,145 33,141 33,141 ¥2,004 ............................Government program management .......................................................................................................... 50,475 58,000 58,000 ∂7,525 ............................

Subtotal, Integrated deepwater systems ............................................................................................. 783,266 990,444 1,014,144 ∂230,878 ∂23,700 

Other equipment: 

Automatic identification system .............................................................................................................. 12,000 14,600 8,600 ¥3,400 ¥6,000 Defense messaging system ...................................................................................................................... 5,000 4,074 4,074 ¥926 ............................National distress and response system modernization (Rescue 21) ...................................................... 80,300 73,000 73,000 ¥7,300 ............................HF Recap .................................................................................................................................................. 2,500 2,500 2,500 ............................ ............................National Capital Region Air Defense ....................................................................................................... 11,500 ............................ ............................ ¥11,500 ............................Maritime security response team—shoothouse ...................................................................................... 1,800 ............................ ............................ ¥1,800 ............................Interagency operational centers for port security (emergency) ............................................................... 60,000 ............................ ............................ ¥60,000 ............................
163 

Command 21 ............................................................................................................................................ ............................ 1,000 1,000 ∂1,000 ............................

Subtotal, Other equipment .................................................................................................................. 173,100 95,174 89,174 ¥83,926 ¥6,000 

Shore facilities and aids to navigation ............................................................................................................ 40,997 50,000 50,000 ∂9,003 ............................Personnel compensation and benefits: 

Core acquisition costs .............................................................................................................................. 505 500 500 ¥5 ............................Direct personnel cost ............................................................................................................................... 82,215 ............................ ............................ ¥82,215 ............................

Subtotal, Personnel compensation andbenefits .................................................................................. 82,720 500 500 ¥82,220 ............................Subtotal, Acquisition, construction, and improvements (excluding rescissions) ............................... 1,125,083 1,205,118 1,266,818 ∂141,735 ∂61,700 

Rescission, UAV .......................................................................................................................................................... ¥33,822 ............................ ............................ ∂33,822 ............................Rescission, Offshore Patrol Cutter ............................................................................................................................. ¥98,627 ............................ ............................ ∂98,627 ............................

Subtotal, Acquisition, construction, and improvements .............................................................................. 992,634 1,205,118 1,266,818 ∂274,184 ∂61,700 

Appropriations ...................................................................................................................................... (1,029,283 ) (1,205,118 ) (1,266,818 ) (∂237,535 ) (∂61,700 ) Emergency appropriations ................................................................................................................... (95,800 ) ............................ ............................ (¥95,800 ) ............................Rescissions .......................................................................................................................................... (¥132,449 ) ............................ ............................ (∂132,449 ) ............................

Alteration of bridges .................................................................................................................................................. 16,000 ............................ 16,000 ............................ ∂16,000 Research, development, test, and evaluation ........................................................................................................... 25,000 16,000 16,000 ¥9,000 ............................Health care fund contribution .................................................................................................................................... 272,111 257,305 257,305 ¥14,806 ............................

Subtotal, Coast Guard discretionary ............................................................................................................ 7,336,975 7,834,641 7,979,436 ∂642,461 ∂144,795 

Retired pay (mandatory) ............................................................................................................................................ 1,184,720 1,236,745 1,236,745 ∂52,025 ............................

Total, Coast Guard ........................................................................................................................................ 8,631,695 9,071,386 9,216,181 ∂584,486 ∂144,795 

Appropriations ...................................................................................................................................... (8,488,044 ) (9,071,386 ) (9,216,181 ) (∂728,137 ) (∂144,795 ) Emergency appropriations ................................................................................................................... (166,100 ) ............................ ............................ (¥166,100 ) ............................Rescissions .......................................................................................................................................... (¥132,449 ) ............................ ............................ (∂132,449 ) ............................

United States Secret Service 

Salaries and expenses: 

Protection: 

Protection of persons and facilities ......................................................................................................... 693,535 710,468 710,468 ∂16,933 ............................Protective intelligence activities .............................................................................................................. 57,704 59,761 59,761 ∂2,057 ............................National special security events .............................................................................................................. 1,000 1,000 1,000 ............................ ............................Presidential candidate nominee protection ............................................................................................. 85,250 41,082 41,082 ¥44,168 ............................
164 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

White House mail screening .................................................................................................................... 16,201 36,701 30,701 ∂14,500 ¥6,000 

Subtotal, Protection ............................................................................................................................. 853,690 849,012 843,012 ¥10,678 ¥6,000 

Field operations: 

Domestic field operations ........................................................................................................................ 219,742 241,772 241,772 ∂22,030 ............................International field office administration, operations ............................................................................... 27,520 28,342 30,000 ∂2,480 ∂1,658 Electronic crimes special agent program and electronic crimes task forces ........................................ 44,565 47,836 55,836 ∂11,271 ∂8,000 Support for missing and exploited children ............................................................................................ 8,366 8,366 8,366 ............................ ............................

Subtotal, Field operations .................................................................................................................... 300,193 326,316 335,974 ∂35,781 ∂9,658 

Administration: Headquarters, management, and administration 175,934 182,104 182,104 ∂6,170 ............................Training: Rowley training center 51,954 53,189 53,189 ∂1,235 ............................

Subtotal, Salaries and expenses ......................................................................................................... 1,381,771 1,410,621 1,414,279 ∂32,508 ∂3,658 

Acquisition, construction, improvements, and related expenses (Rowley training center) ...................................... 3,725 3,725 3,725 ............................ ............................

Total, United States Secret Service .............................................................................................................. 1,385,496 1,414,346 1,418,004 ∂32,508 ∂3,658 Total, title II, Security, Enforcement, and Investigations (including transfers) .......................................... 28,195,171 28,786,378 29,640,921 ∂1,445,750 ∂854,543 

Appropriations ...................................................................................................................................... (25,993,620 ) (28,786,378 ) (29,661,221 ) (∂3,667,601 ) (∂874,843 ) Emergency appropriations ................................................................................................................... (2,224,000 ) ............................ ............................ (¥2,224,000 ) ............................Rescissions .......................................................................................................................................... (¥132,449 ) ............................ (¥20,300 ) (∂112,149 ) (¥20,300 ) (Fee Accounts) ..................................................................................................................................... (1,701,026 ) (1,787,145 ) (1,787,145 ) (∂86,119 ) ............................

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 

National Protection and Programs 

Management and administration: 

Administrative activities ................................................................................................................................... 37,934 43,100 43,100 ∂5,166 ............................
165 

Risk management and analysis ....................................................................................................................... 9,412 9,500 9,500 ∂88 ............................Intergovernmental programs ............................................................................................................................. ............................ 2,000 ............................ ............................ ¥2,000 

Total, Management and administration ....................................................................................................... 47,346 54,600 52,600 ∂5,254 ¥2,000 Subtotal, US-VISIT ......................................................................................................................................... ............................ ............................ ............................ ............................ ............................

Infrastructure Protection and Information Security: 

Indentification and analysis ............................................................................................................................. 69,522 77,326 82,603 ∂13,081 ∂5,277 Coordination and information sharing .............................................................................................................. 68,821 45,644 52,367 ¥16,454 ∂6,723 Mitigation programs .......................................................................................................................................... 134,253 149,830 162,671 ∂28,418 ∂12,841 

Total, Infrastructure protection ..................................................................................................................... 272,596 272,800 297,641 ∂25,045 ∂24,841 

Cyber security .................................................................................................................................................... 210,413 293,500 318,500 ∂108,087 ∂25,000 Office of Emergency Communications .............................................................................................................. 35,700 38,300 48,300 ∂12,600 ∂10,000 National Security/Emergency Preparedness: 

Telecommunications: 

Priority telecommunications service ................................................................................................ 82,821 109,778 58,740 ¥20,250 ¥51,038 Next generation networks ................................................................................................................ 21,100 ............................ 52,500 ∂31,400 ∂52,500 Assistant Secretary for Cyber Security ............................................................................................ ............................ 258 ............................ ............................ ¥258 Programs to study and enhance telecommunications ................................................................... 16,000 15,100 15,100 ¥900 ............................Critical infrastructure protection .................................................................................................... 16,100 11,260 11,260 ¥4,840 ............................Industry Government and Interagency processes ........................................................................... ............................ 4,704 ............................ ............................ ¥4,704 National command and coordination capability ............................................................................. ............................ 61,000 5,963 ∂2,132 ¥55,037 Enhanced Long-Range Navigation (e-LORAN) ................................................................................ ............................ 34,500 ............................ ............................ ¥34,500 

Total, National Security/Emergency Preparedness Telecommunications .................................... 136,021 236,600 143,563 ∂7,542 ¥93,037 Subtotal, Infrastructure Protection and Information Security (Defense function) ..................... 654,730 841,200 808,004 ∂153,274 ¥33,196 

U.S. Visitor and Immigrant Status Indicator Technology .......................................................................................... 200,000 390,300 180,300 ¥19,700 ¥210,000 

Emergency appropriations ................................................................................................................................. 275,000 ............................ ............................ ¥275,000 ............................

Total, National Protection and Programs ..................................................................................................... 1,177,076 1,286,100 1,040,904 ¥136,172 ¥245,196 

Appropriations ...................................................................................................................................... (902,076 ) (1,286,100 ) (1,040,904 ) (∂138,828 ) (¥245,196 ) Emergency appropriations ................................................................................................................... (275,000 ) ............................ ............................ (¥275,000 ) ............................

Office of Health Affairs 

Biowatch ..................................................................................................................................................................... 77,108 111,606 111,606 ∂34,498 ............................
166 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

National biosurveillence integration system .............................................................................................................. 8,000 8,000 8,000 ............................ ............................Rapidly deployable chemical detection system ......................................................................................................... 2,600 2,600 2,600 ............................ ............................Planning and coordination ......................................................................................................................................... 4,475 9,923 9,923 ∂5,448 ............................Salaries and expenses ............................................................................................................................................... 24,317 29,210 39,210 ∂14,893 ∂10,000 

Total, Office of Health Affairs ...................................................................................................................... 116,500 161,339 171,339 ∂54,839 ∂10,000 

Federal Emergency Management Agency 

Management and administration: 

Operating activities ........................................................................................................................................... 625,500 ............................ ............................ ¥625,500 ............................Operations activities ......................................................................................................................................... ............................ 515,881 484,396 ∂484,396 ¥31,485 Management activities ...................................................................................................................................... ............................ 369,269 369,269 ∂369,269 ............................

(Defense function) .................................................................................................................................... (88,930 ) (94,059 ) (94,059 ) (∂5,129 ) ............................

Urban search and rescue response system ...................................................................................................... 32,500 25,000 32,500 ............................ ∂7,500 Office of National Capitol Region Coordination ............................................................................................... 6,000 6,342 6,342 ∂342 ............................U.S. Fire Administration .................................................................................................................................... ............................ 40,913 ............................ ............................ ¥40,913 (transfer from Disaster relief) ........................................................................................................................... (60,000 ) ............................ (43,485 ) (¥16,515 ) (∂43,485 ) 

Subtotal, Management and administration (including transfers) ............................................................... 724,000 957,405 935,992 ∂211,992 ¥21,413 

Appropriations ...................................................................................................................................... (664,000 ) (957,405 ) (892,507 ) (∂228,507 ) (¥64,898 ) by transfer ........................................................................................................................................... (60,000 ) ............................ (43,485 ) (¥16,515 ) (∂43,485 ) 

(Non-defense appropriations) ..................................................................................................... (575,070 ) (863,346 ) (798,448 ) (∂223,378 ) (¥64,898 ) (Defense appropriations) ............................................................................................................ (88,930 ) (94,059 ) (94,059 ) (∂5,129 ) ............................

State and Local Programs: 

State Homeland Security Grant Program .......................................................................................................... 890,000 200,000 890,000 ............................ ∂690,000 

Real ID Grants (non-add) ........................................................................................................................ ............................ ............................ (50,000 ) (∂50,000 ) (∂50,000 ) Operation Stonegarden (emergency) ........................................................................................................ 60,000 ............................ ............................ ¥60,000 ............................

Subtotal ................................................................................................................................................ 950,000 200,000 890,000 ¥60,000 ∂690,000 
167 

Urban area security initiative ........................................................................................................................... 820,000 825,000 825,000 ∂5,000 ............................Regional catastrophic preparedness grants ..................................................................................................... 35,000 ............................ 35,000 ............................ ∂35,000 Metropolitan Medical Response System ............................................................................................................ 41,000 ............................ 33,000 ¥8,000 ∂33,000 Citizen Corps program ...................................................................................................................................... 15,000 15,000 15,000 ............................ ............................Public transportation security assistance and railroad security assistance ................................................... 400,000 175,000 400,000 ............................ ∂225,000 Port security grants ........................................................................................................................................... 400,000 210,000 400,000 ............................ ∂190,000 Over-the-road bus security assistance ............................................................................................................. 11,500 12,000 12,000 ∂500 ............................Trucking industry security grants ..................................................................................................................... 16,000 8,000 8,000 ¥8,000 ............................Buffer Zone Protection Program grants ............................................................................................................ 50,000 ............................ 50,000 ............................ ∂50,000 REAL ID Grants (emergency) ............................................................................................................................. 50,000 ............................ ............................ ¥50,000 ............................National Security and Terrorism Prevention Grants ......................................................................................... ............................ 110,000 ............................ ............................ ¥110,000 Commercial equipment direct assistance program .......................................................................................... 25,000 ............................ 10,000 ¥15,000 ∂10,000 Interoperable emergency communications grant program ............................................................................... 50,000 ............................ 50,000 ............................ ∂50,000 Emergency Operations Centers ......................................................................................................................... 15,000 ............................ 10,000 ¥5,000 ∂10,000 National Programs: 

National Domestic Preparedness Consortium .......................................................................................... 88,000 32,000 101,900 ∂13,900 ∂69,900 Center for Domestic Preparedness ........................................................................................................... 57,000 47,000 57,000 ............................ ∂10,000 

Noble Training Center ..................................................................................................................... 5,500 ............................ 5,500 ............................ ∂5,500 

National exercise program ....................................................................................................................... 50,000 40,000 40,000 ¥10,000 ............................Technical assistance ................................................................................................................................ 12,000 10,000 12,000 ............................ ∂2,000 Demonstration training grants ................................................................................................................. 28,000 ............................ 25,000 ¥3,000 ∂25,000 Continuing training grants ...................................................................................................................... 31,000 ............................ 31,000 ............................ ∂31,000 Evaluations and assessments ................................................................................................................. 19,000 16,000 19,000 ............................ ∂3,000 Rural Domestic Preparedness Consortium ............................................................................................... 8,800 ............................ ............................ ¥8,800 ............................

Subtotal, National Programs ............................................................................................................... 299,300 145,000 291,400 ¥7,900 ∂146,400 

Emergency management performance grants .................................................................................................. ............................ 200,000 ............................ ............................ ¥200,000 

Subtotal, State and Local Programs ............................................................................................................ 3,177,800 1,900,000 3,029,400 ¥148,400 ∂1,129,400 

Appropriations ...................................................................................................................................... (3,067,800 ) (1,900,000 ) (3,029,400 ) (¥38,400 ) (∂1,129,400 ) Emergency appropriations ................................................................................................................... (110,000 ) ............................ ............................ (¥110,000 ) ............................

Firefighter assistance grants: 

Fire grants ......................................................................................................................................................... 560,000 300,000 560,000 ............................ ∂260,000 Staffing for Adequate Fire and Emergency Response (SAFER) Act grants ...................................................... 190,000 ............................ 190,000 ............................ ∂190,000 

Subtotal, Firefighter Assistance grants ........................................................................................................ 750,000 300,000 750,000 ............................ ∂450,000 

Emergency management performance grants ........................................................................................................... 300,000 ............................ 300,000 ............................ ∂300,000 
168 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

Subtotal, Grants and training ...................................................................................................................... 4,227,800 2,200,000 4,079,400 ¥148,400 ∂1,879,400 

Appropriations ...................................................................................................................................... (4,117,800 ) (2,200,000 ) (4,079,400 ) (¥38,400 ) (∂1,879,400 ) Emergency appropriations ................................................................................................................... (110,000 ) ............................ ............................ (¥110,000 ) ............................

Radiological Emergency Preparedness Program ........................................................................................................ ¥505 ¥505 ¥505 ............................ ............................United States Fire Administration .............................................................................................................................. 43,300 ............................ 43,300 ............................ ∂43,300 Disaster relief ............................................................................................................................................................. 1,400,000 1,900,000 1,900,000 ∂500,000 ............................

(transfer to Management and administration) ................................................................................................. (¥60,000 ) ............................ (¥43,485 ) (∂16,515 ) (¥43,485 ) (transfer to Inspector General) ......................................................................................................................... (¥16,000 ) ............................ (¥16,000 ) ............................ (¥16,000 ) Supplemental Appropriations—Public Law 110–116: Emergency appropriations (previously enacted) (2,900,000 ) ............................ ............................ (¥2,900,000 ) ............................

Subtotal, Disaster Relief ............................................................................................................................... 4,224,000 1,900,000 1,840,515 ¥2,383,485 ¥59,485 

Disaster readiness and support ................................................................................................................................. ............................ 200,000 ............................ ............................ ¥200,000 Disaster assistance direct loan program account: 

(Limitation on direct loans) .............................................................................................................................. (25,000 ) (25,000 ) (25,000 ) ............................ ............................Direct loan subsidy ........................................................................................................................................... 295 295 295 ............................ ............................Administrative expenses .................................................................................................................................... 580 ............................ ............................ ¥580 ............................

Flood map modernization fund .................................................................................................................................. 220,000 150,000 185,000 ¥35,000 ∂35,000 National flood insurance fund: 

Salaries and expenses ...................................................................................................................................... 45,642 49,418 49,418 ∂3,776 ............................Flood hazard mitigation .................................................................................................................................... 99,358 107,181 107,181 ∂7,823 ............................Offsetting fee collections .................................................................................................................................. ¥145,000 ¥156,599 ¥156,599 ¥11,599 ............................Transfer to National flood mitigation fund ...................................................................................................... (¥34,000 ) ............................ ............................ (∂34,000 ) ............................

National flood mitigation fund (by transfer) ............................................................................................................. (34,000 ) ............................ ............................ (¥34,000 ) ............................National predisaster mitigation fund ........................................................................................................................ 114,000 75,000 100,000 ¥14,000 ∂25,000 Emergency food and shelter ...................................................................................................................................... 153,000 100,000 153,000 ............................ ∂53,000 Cerro Grande Fire Payments (rescission) ................................................................................................................... ............................ ¥9,000 ¥9,000 ¥9,000 ............................
169 

Total, Federal Emergency Management Agency (including transfers) ......................................................... 9,706,470 5,573,195 7,327,997 ¥2,378,473 ∂1,754,802 

Appropriations ...................................................................................................................................... (6,712,470 ) (5,582,195 ) (7,352,997 ) (∂640,527 ) (∂1,770,802 ) Emergency appropriations ................................................................................................................... (110,000 ) ............................ ............................ (¥110,000 ) ............................Rescissions .......................................................................................................................................... ............................ (¥9,000 ) (¥9,000 ) (¥9,000 ) ............................Enacted emergency appropriations ..................................................................................................... (2,900,000 ) ............................ ............................ (¥2,900,000 ) ............................by transfer ........................................................................................................................................... (94,000 ) ............................ (43,485 ) (¥50,515 ) (∂43,485 ) transfer out .......................................................................................................................................... (¥110,000 ) ............................ (¥59,485 ) (∂50,515 ) (¥59,485 ) (Limitation on direct loans) ................................................................................................................. (25,000 ) (25,000 ) (25,000 ) ............................ ............................

Total, title III, Protection, Preparedness, Response and Recovery (including transfers) ............................ 11,000,046 7,020,634 8,540,240 ¥2,459,806 ∂1,519,606 

Appropriations ...................................................................................................................................... (7,731,046 ) (7,029,634 ) (8,565,240 ) (∂834,194 ) (∂1,535,606 ) Emergency appropriations ................................................................................................................... (385,000 ) ............................ ............................ (¥385,000 ) ............................Rescissions .......................................................................................................................................... ............................ (¥9,000 ) (¥9,000 ) (¥9,000 ) ............................Enacted emergency appropriations ..................................................................................................... (2,900,000 ) ............................ ............................ (¥2,900,000 ) ............................By transfer ........................................................................................................................................... (94,000 ) ............................ (43,485 ) (¥50,515 ) (∂43,485 ) Transfer out ......................................................................................................................................... (¥110,000 ) ............................ (¥59,485 ) (∂50,515 ) (¥59,485 ) (Limitation on direct loans) ................................................................................................................. (25,000 ) (25,000 ) (25,000 ) ............................ ............................

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 

U.S. Citizenship and Immigration Services 

Citizenship and immigration services (appropriations): 

Employment eligibility verification (EEV) program ........................................................................................... ............................ 100,000 100,000 ∂100,000 ............................

Emergency appropriations ........................................................................................................................ 60,000 ............................ ............................ ¥60,000 ............................

FBI background checks (emergency appropriations) ........................................................................................ 20,000 ............................ ............................ ¥20,000 ............................Benefit parole programs ................................................................................................................................... 523 540 540 ∂17 ............................Immigration service programs .......................................................................................................................... 450 ............................ ............................ ¥450 ............................REAL ID Act implementation ............................................................................................................................. ............................ 50,000 50,000 ∂50,000 ............................Unspecified budget request .............................................................................................................................. ............................ 4,000 ............................ ............................ ¥4,000 

Subtotal, Citizenship and immigration services .......................................................................................... 80,973 154,540 150,540 ∂69,567 ¥4,000 

Appropriations ...................................................................................................................................... (973 ) (154,540 ) (150,540 ) (∂149,567 ) (¥4,000 ) Emergency appropriations ................................................................................................................... (80,000 ) ............................ ............................ (¥80,000 ) ............................

Adjudication services (fee account): 

Pay and benefits ............................................................................................................................................... (758,091 ) (780,076 ) (780,076 ) (∂21,985 ) ............................District operations ............................................................................................................................................. (546,413 ) (535,156 ) (535,156 ) (¥11,257 ) ............................Service center operations .................................................................................................................................. (352,866 ) (345,890 ) (345,890 ) (¥6,976 ) ............................Asylum, refugee and international operations .................................................................................................. (94,561 ) (92,602 ) (92,602 ) (¥1,959 ) ............................Records operations ............................................................................................................................................ (87,739 ) (85,946 ) (85,946 ) (¥1,793 ) ............................
170 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

Business transformation ................................................................................................................................... (139,000 ) (139,000 ) (139,000 ) ............................ ............................

Subtotal, Adjudication services .................................................................................................................... (1,978,670 ) (1,978,670 ) (1,978,670 ) ............................ ............................

Information and customer services (fee account): 

Pay and benefits ............................................................................................................................................... (89,977 ) (92,587 ) (92,587 ) (∂2,610 ) ............................Operating expenses: 

National Customer Service Center ........................................................................................................... (55,600 ) (53,747 ) (53,747 ) (¥1,853 ) ............................Information services ................................................................................................................................. (22,222 ) (21,465 ) (21,465 ) (¥757 ) ............................

Subtotal, Information and customer services ..................................................................................... (167,799 ) (167,799 ) (167,799 ) ............................ ............................

Administration (fee account): 

Pay and benefits ............................................................................................................................................... (86,245 ) (88,746 ) (88,746 ) (∂2,501 ) ............................Operating expenses ........................................................................................................................................... (287,654 ) (285,153 ) (285,153 ) (¥2,501 ) ............................

Subtotal, Administration ............................................................................................................................... (373,899 ) (373,899 ) (373,899 ) ............................ ............................

Systematic Alien Verification for Entitlements (SAVE) (fee accounts) ...................................................................... (18,504 ) (18,818 ) (18,818 ) (∂314 ) ............................

Total, U.S. Citizenship and Immigration Services ........................................................................................ (2,619,845 ) (2,693,726 ) (2,689,726 ) (∂69,881 ) (¥4,000 ) 

Appropriations ...................................................................................................................................... (973 ) (154,540 ) (150,540 ) (∂149,567 ) (¥4,000 ) Emergency appropriations ................................................................................................................... (80,000 ) ............................ ............................ (¥80,000 ) ............................Total Fees ............................................................................................................................................. (2,538,872 ) (2,539,186 ) (2,539,186 ) (∂314 ) ............................

(Immigration Examination Fees) ................................................................................................. (2,494,872 ) (2,495,186 ) (2,495,186 ) (∂314 ) ............................(Fraud prevention and detection fees) ....................................................................................... (31,000 ) (31,000 ) (31,000 ) ............................ ............................(H1B Non-Immigrant Petitioner fees) ......................................................................................... (13,000 ) (13,000 ) (13,000 ) ............................ ............................

Federal Law Enforcement Training Center 

Salaries and expenses: 

Law enforcement training ................................................................................................................................. 219,786 230,670 236,402 ∂16,616 ∂5,732 

Emergency appropriations ........................................................................................................................ 17,000 ............................ ............................ ¥17,000 ............................
171 

Accreditation ...................................................................................................................................................... 1,290 ............................ 1,290 ............................ ∂1,290 

Subtotal, Salaries and expenses .................................................................................................................. 238,076 230,670 237,692 ¥384 ∂7,022 

Appropriations ...................................................................................................................................... (221,076 ) (230,670 ) (237,692 ) (∂16,616 ) (∂7,022 ) Emergency appropriations ................................................................................................................... (17,000 ) ............................ ............................ (¥17,000 ) ............................

Acquisitions, Construction, Improvements, and Related expenses: 

Direct appropriation .......................................................................................................................................... 46,590 43,456 86,456 ∂39,866 ∂43,000 

Construction (emergency) ......................................................................................................................... 4,000 ............................ ............................ ¥4,000 ............................

Subtotal ................................................................................................................................................ 50,590 43,456 86,456 ∂35,866 ∂43,000 

Appropriations ............................................................................................................................. (46,590 ) (43,456 ) (86,456 ) (∂39,866 ) (∂43,000 ) Emergency appropriations .......................................................................................................... (4,000 ) ............................ ............................ (¥4,000 ) ............................

Total, Federal Law Enforcement Training Center ................................................................................ 288,666 274,126 324,148 ∂35,482 ∂50,022 

Appropriations ............................................................................................................................. (267,666 ) (274,126 ) (324,148 ) (∂56,482 ) (∂50,022 ) Emergency appropriations .......................................................................................................... (21,000 ) ............................ ............................ (¥21,000 ) ............................

Science and Technology 

Management and administration ............................................................................................................................... 138,600 132,100 132,100 ¥6,500 ............................Research, development, acquisition, and operations: 

Border and maritime security ........................................................................................................................... 25,479 35,300 35,300 ∂9,821 ............................Chemical and biological ................................................................................................................................... 208,020 200,408 200,408 ¥7,612 ............................Command, control, and interoperability ........................................................................................................... 56,980 62,390 87,390 ∂30,410 ∂25,000 Explosives .......................................................................................................................................................... 77,654 96,149 96,149 ∂18,495 ............................Human factors ................................................................................................................................................... 14,206 12,460 8,000 ¥6,206 ¥4,460 Infrastructure and geophysical ......................................................................................................................... 64,500 37,816 64,816 ∂316 ∂27,000 Innovation .......................................................................................................................................................... 33,000 45,000 33,000 ............................ ¥12,000 Laboratory facilities ........................................................................................................................................... 103,814 146,940 161,940 ∂58,126 ∂15,000 Test and evaluations/standards ....................................................................................................................... 28,520 24,674 24,674 ¥3,846 ............................Transition ........................................................................................................................................................... 25,265 31,830 26,830 ∂1,565 ¥5,000 University programs .......................................................................................................................................... 49,297 43,770 43,770 ¥5,527 ............................Homeland Security Institute .............................................................................................................................. 5,000 ............................ 5,000 ............................ ∂5,000 

Subtotal, Research, development, acquisition, and operations ................................................................... 691,735 736,737 787,277 ∂95,542 ∂50,540 

(Non-defense appropriations) .............................................................................................................. (516,735 ) (736,737 ) (787,277 ) (∂270,542 ) (∂50,540 ) (Defense appropriations) ..................................................................................................................... (175,000 ) ............................ ............................ (¥175,000 ) ............................

Total, Science and Technology ..................................................................................................................... 830,335 868,837 919,377 ∂89,042 ∂50,540 
172 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2009—Continued 

[In thousands of dollars] 

Item 2008 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2008 appropriation Budget estimate 

Domestic Nuclear Detection Office 

Management and administration ............................................................................................................................... 31,500 38,900 38,900 ∂7,400 ............................Research, development, and operations: 

Systems engineering and architecture ............................................................................................................. 22,400 25,147 25,147 ∂2,747 ............................Systems development ........................................................................................................................................ 118,100 108,100 108,100 ¥10,000 ............................Transformational research and development ................................................................................................... 96,000 113,300 113,300 ∂17,300 ............................Assessments ...................................................................................................................................................... 37,500 32,000 32,000 ¥5,500 ............................Operations support ............................................................................................................................................ 34,500 37,753 37,753 ∂3,253 ............................National Technical Nuclear Forensics Center ................................................................................................... 15,000 17,900 17,900 ∂2,900 ............................

Research, development, and operations ...................................................................................................... 323,500 334,200 334,200 ∂10,700 ............................

Systems acquisition: 

Radiation Portal Monitor Program .................................................................................................................... 90,000 157,700 135,000 ∂45,000 ¥22,700 Securing the Cities ............................................................................................................................................ 30,000 20,000 20,000 ¥10,000 ............................Human Portal Radiation Detection Systems Program ...................................................................................... 9,750 13,000 13,000 ∂3,250 ............................

Subtotal, Systems acquisition ...................................................................................................................... 129,750 190,700 168,000 ∂38,250 ¥22,700 Total, Domestic Nuclear Detection Office ..................................................................................................... 484,750 563,800 541,100 ∂56,350 ¥22,700 Total, title IV, Research and Development, Training, and Services (including transfers) .......................... 1,684,724 1,861,303 1,935,165 ∂250,441 ∂73,862 

Appropriations ...................................................................................................................................... (1,583,724 ) (1,861,303 ) (1,935,165 ) (∂351,441 ) (∂73,862 ) Emergency appropriations ................................................................................................................... (101,000 ) ............................ ............................ (¥101,000 ) ............................(Fee Accounts) ..................................................................................................................................... (2,538,872 ) (2,539,186 ) (2,539,186 ) (∂314 ) ............................

TITLE V—GENERAL PROVISIONS 

Rescission of unobligated balances .......................................................................................................................... ¥59,287 ............................ ............................ ∂59,287 ............................Rescission of recovered lapsed balances .................................................................................................................. ¥28,833 ............................ ............................ ∂28,833 ............................
173 

Rescission, TSA undistributed carryover .................................................................................................................... ¥4,500 ............................ ............................ ∂4,500 ............................Rescission, Counter Terrorism Fund .......................................................................................................................... ¥8,480 ............................ ............................ ∂8,480 ............................USM/OSEM management efficiencies ........................................................................................................................ ¥5,000 ............................ ............................ ∂5,000 ............................Sec. 573: Rescission of emergency appropriation ..................................................................................................... ¥20,000 ............................ ............................ ∂20,000 ............................Sec. 573: Appropriation (emergency) ......................................................................................................................... 20,000 ............................ ............................ ¥20,000 ............................

Total, title V, General Provisions .................................................................................................................. ¥106,100 ............................ ............................ ∂106,100 ............................Grand total .................................................................................................................................................... 38,746,643 38,853,807 41,313,745 ∂2,567,102 ∂2,459,938 

Appropriations ...................................................................................................................................... (36,283,892 ) (38,862,807 ) (41,345,545 ) (∂5,061,653 ) (∂2,482,738 ) 

(Discretionary) ............................................................................................................................. (35,099,172 ) (37,626,062 ) (40,108,800 ) (∂5,009,628 ) (∂2,482,738 ) (Mandatory) ................................................................................................................................. (1,184,720 ) (1,236,745 ) (1,236,745 ) (∂52,025 ) ............................

Emergency appropriations ................................................................................................................... (2,710,000 ) ............................ ............................ (¥2,710,000 ) ............................Rescissions .......................................................................................................................................... (¥247,249 ) (¥9,000 ) (¥31,800 ) (∂215,449 ) (¥22,800 ) Fee funded programs ........................................................................................................................... (4,239,898 ) (4,326,331 ) (4,326,331 ) (∂86,433 ) ............................(Enacted emergency appropriations) ................................................................................................... (2,900,000 ) ............................ ............................ (¥2,900,000 ) ............................(Limitation on direct loans) ................................................................................................................. (25,000 ) (25,000 ) (25,000 ) ............................ ............................(Transfer out) ....................................................................................................................................... (¥110,000 ) ............................ (¥59,485 ) (∂50,515 ) (¥59,485 ) (By transfer) ......................................................................................................................................... (220,000 ) ............................ (59,485 ) (¥160,515 ) (∂59,485 ) 

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