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[Senate Report 110-396]
[From the U.S. Government Publishing Office]

                                                       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

                                 REPORT

                         [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\1\ \2\ \3\...... $41,313,745,000
Amount of 2008 appropriations\4\........................  38,746,643,000
Amount of 2009 budget estimate\2\ \3\ \5\...............  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.

                                CONTENTS

                              ----------                              

                    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 
              Ex- 
              penses.............................................    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
            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 
              Expen- 
              ses................................................   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 Sen- 
  ate............................................................   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

                    OVERVIEW AND SUMMARY OF THE BILL

------------------------------------------------------------------------
                                                          Fiscal year
                                       Fiscal year      2009\1\ \2\ \3\
                                     2009\2\ \3\ \4\       Committee
                                         request         recommendation
------------------------------------------------------------------------
Title I--Departmental Management       $1,185,492,000     $1,197,419,000
 and Operations...................
Title II--Security, Enforcement,       28,786,378,000     29,640,921,000
 and Investigations...............
Title III--Protection,                  7,020,634,000      8,540,240,000
 Preparedness, Response, and
 Recovery.........................
Title IV--Research and                  1,861,303,000      1,935,165,000
 Development, Training, and
 Services.........................
Title V--General Provisions.......  .................  .................
                                   -------------------------------------
      Total, new budget                38,853,807,000     41,313,745,000
       (obligational authority)...
------------------------------------------------------------------------
\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 nearly 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.
    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.

                    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      Fiscal year
                                                                     2008         2009 budget       Committee
                                                               enacted      request      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
----------------------------------------------------------------------------------------------------------------

                   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, international 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 on-board 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. 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.

                       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 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:

                                  OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                 Fiscal year      Fiscal year
                                                               2008 enacted\1\    2009 budget       Committee
                                                                                    request      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 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 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.

                 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. Additionally, 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  Fiscal year 2009      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses.....................................            81,000            86,928            86,928
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.

                          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.

                       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 DHS-funded employees located at 
each fusion center, including details on whether the employees 
are contract or government staff; the privacy protection 
policies of each center, including the number of facility 
personnel trained in Federal privacy, civil rights, and civil 
liberties laws and standards; and the number of local law 
enforcement agents at each center approved or pending approval 
to receive and review classified intelligence information.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

Appropriations, 2008....................................      $2,700,000
Budget estimate, 2009...................................         291,000
Committee Recommendation................................       2,700,000

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

                       COMMITTEE 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.

                                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  Fiscal year 2009      Committee
                                                               enacted\1\      budget request    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      \4\1,225,000           775,000           775,000
     [BSFIT]..............................................
    Air and Marine Interdiction, Operations, Maintenance,         \5\570,047           528,000           528,000
     and Procurement......................................
    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
    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        10,807,504        10,935,334        11,201,994
       Funding............................................
----------------------------------------------------------------------------------------------------------------
\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 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 
budget, 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 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.

                        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 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.

                        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 US-VISIT within its budget. 
Consistent with the budget, this increase to CBP will provide 
functionality critical to both US-VISIT and CBP in securing 
entry to the United States at the ports of entry and providing 
entry and exit information regarding aliens. The Committee 
recommends $62,800,000, as requested in the budget, for this 
activity.

                   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 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.

                          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     Fiscal year
                                                                      2008         2009 budget      Committee
                                                                   enacted\1\        request     recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses:
    Headquarters Management and Administration:
        Management and administration, border security                  619,325         644,351          646,608
         inspections and trade facilitation....................
        Management and administration, border security and              602,016         622,300          622,550
         control between port of entry.........................
                                                                ------------------------------------------------
            Subtotal, Headquarters Management and                     1,221,341       1,266,651        1,269,158
             Administration....................................
                                                                ================================================
    Border security inspections and trade facilitation at ports
     of entry:
        Inspections, trade and travel facilitation at ports of        1,854,235       1,834,793        2,041,846
         entry.................................................
        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             2,279,247       2,273,104        2,480,157
           facilitation at ports of entry......................
                                                                ================================================
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          3,075,232       3,515,320        3,515,320
       entry...................................................
                                                                ================================================
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

    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 worldwide 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  Fiscal year 2009      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Automated Commercial Environment/International Trade Data            316,969           316,851           316,851
 System (ITDS)............................................
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 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  Fiscal year 2009      Committee
                                                               enacted\1\      budget request    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          1,225,000           775,000           775,000
       Technology.........................................
----------------------------------------------------------------------------------------------------------------
\1\Includes $1,053,000,000 in emergency appropriations pursuant to the Department of Homeland Security
  Appropriations Act, 2008 (Public Law 110-161).

 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.

                   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:

                      AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            Fiscal year 2008  Fiscal year 2009      Committee
                                                               enacted\1\      budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Operations and maintenance................................           353,614           380,022           380,022
Procurement...............................................           216,433           147,978           147,978
                                                           -----------------------------------------------------
      Total, Air and Marine Interdiction, Operations,                570,047           528,000           528,000
       Maintenance, and Procurement.......................
----------------------------------------------------------------------------------------------------------------
\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 ill-sized 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.

                        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.
    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]
----------------------------------------------------------------------------------------------------------------
                                                                                  Fiscal year
              Border Patrol Facilties by Sector                  Fiscal year      2009 budget       Committee
                                                                 2008 enacted       request       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  ...............  ...............
    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  Fiscal year 2009      Committee
                                                                enacted\1\     budget request    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
                                                           =====================================================
        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 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 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 infrastructure 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.

                         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 workforce 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 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. 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 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 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
                                                             Fiscal year 2008     2009 budget       Committee
                                                            enacted\1\      request      recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters Management and Administration:
    Personnel Compensation and Benefits, services and                168,887            200,188          202,188
     other costs.........................................
    Headquarters Managed IT investment...................            146,654            174,348          174,348
                                                          ------------------------------------------------------
      Subtotal, Headquarters Management and                          315,541            374,536          376,536
       Administration....................................
                                                          ======================================================
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
                                                          ======================================================
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                 200,000    ...............          160,000
 Aliens..................................................
                                                          ======================================================
      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

\1\Fully 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  Fiscal year 2009      Committee
                                                                 enacted       budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................           186,673           189,673           213,673
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.
    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 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'' 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  Fiscal year 2009      Committee
                                                                 enacted       budget request    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            82,590           133,018           119,618
 appropriations)..........................................
Transportation Threat Assessment and Credentialing (fee               82,601            40,000            40,000
 funded programs).........................................
Transportation Security Support...........................           523,515        \6\926,000           950,235
Federal Air Marshals......................................           769,500             (\1\)           799,100
                                                           -----------------------------------------------------
      Total, Transportation Security Administrations               6,813,510         7,101,553         6,893,977
       (gross)............................................
                                                           =====================================================
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.

    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   Fiscal year 2009      Committee
                                                              enacted         budget request    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              30,000   .................        \3\[20,000]
 110-53)...............................................
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 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  Fiscal year 2009      Committee
                                                             enacted   budget request    recommendations
----------------------------------------------------------------------------------------------------------------
Privatized screening airports.............................           143,385           151,272           151,272
Passenger and baggage screener personnel, compensation and         2,636,104         2,716,014         2,692,014
 benefits.................................................
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.

  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 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.

                      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 legislation 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  Fiscal year 2009      Committee
                                                                 enacted       budget request    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                  25,091             (\2\)            25,025
 programs.................................................
Air cargo security........................................            73,000             (\3\)           122,849
Airport perimeter security................................             4,000  ................             4,000
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 
management 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 security 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 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.

                            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
                                                                Fiscal year     2009 budget        Committee
                                                               2008 enacted       request      recommendation\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.

                    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  Fiscal year 2009      Committee
                                                                 enacted       budget request    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 
multi-modal 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.

               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  Fiscal year 2009      Committee
                                                                 enacted       budget request    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                    8,100  ................  ................
     (direct appropriation)...............................
                                                           -----------------------------------------------------
        Total Appropriations, Threat Assessment and                   82,590           133,018           119,618
         Credentialing....................................
                                                           =====================================================
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                82,601            40,000            40,000
       Credentialing......................................
----------------------------------------------------------------------------------------------------------------
\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 complexity, 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
                                                                 Fiscal year      2009 budget       Committee
                                                                 2008 enacted       request      recommendations
----------------------------------------------------------------------------------------------------------------
Intelligence.................................................           21,000           21,961           21,961
Headquarters Administration..................................          293,191          213,135          237,370
Information Technology.......................................          209,324          472,799          472,799
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).

                         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 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  Fiscal year 2009      Committee
                                                                 enacted       budget request    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''.

                            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  Fiscal year 2009      Committee
                                                                 enacted       budget request    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).

                           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.
    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  Fiscal year 2009      Committee
                                                                 enacted       budget request    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  ................  ................
                                                           -----------------------------------------------------
      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 ``full-year'' FTE, 
which means the 65 new positions would need to be on-board 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 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 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 short-term 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.

                        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 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 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 regulated-substance storage tanks, restoration of 
contaminated ground water and soils, remediation efforts at 
hazardous substance disposal sites, and initial site surveys 
and actions necessary to bring Coast Guard shore facilities and 
vessels into compliance with environmental laws and 
regulations.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $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.

                       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 2009
                                                            Fiscal year 2008       budget           Committee
                                                               enacted\1\        request\2\      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  ................  ................
    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--   ................             2,500             2,500
     TSD Building.........................................
    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               2,180  ................  ................
     Washington...........................................
                                                           -----------------------------------------------------
        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 Improve-           1,125,083         1,205,118         1,266,818
       ments..............................................
                                                           =====================================================
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 
boat-medium [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 
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 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 
technology 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 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.

                       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  Fiscal year
                                   2008     2009 budget     Committee
                                 enacted      request    recommendations
------------------------------------------------------------------------
Elgin, Joliet, and Eastern           2,000  ...........          2,125
 Railway Company Bridge in
 Morris, Illinois............
Fourteen Mile Bridge in              3,750  ...........          3,750
 Mobile, Alabama.............
Burlington Northern Railroad         1,000  ...........          2,125
 Bridge in Burlington, Iowa..
Chelsea Street Bridge in             2,000  ...........          2,125
 Chelsea, Massachusetts......
Canadian Pacific Railway             3,500  ...........          2,125
 Bridge in LaCrosse,
 Wisconsin...................
Galveston Causeway Bridge in         3,750  ...........          3,750
 Galveston, Texas............
                              ------------------------------------------
      Total, Alteration of          16,000  ...........         16,000
       Bridges...............
------------------------------------------------------------------------

           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 retired military personnel under the retired 
serviceman's family protection plan (10 U.S.C. 1431-1446) and 
survivor benefit plan (10 U.S.C. 1447-1455); payments for 
career status bonuses under the National Defense Authorization 
Act; and payments for medical care of retired personnel and 
their dependents under the Dependents Medical Care Act (10 
U.S.C., ch. 55).

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $1,236,745,000, 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
                                                                   Fiscal year     2009 budget      Committee
                                                                  2008 enacted       request     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          27,520          28,342           30,000
     Training..................................................
    Electronic Crimes Special Agent Program and Electronic               44,565          47,836           55,836
     Crimes Task Forces........................................
    Support for Missing and Exploited Children.................           8,366           8,366            8,366
                                                                ------------------------------------------------
      Subtotal, Investigations.................................         300,193         326,316          335,974
                                                                ================================================
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 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.

     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.

                               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
                                                                 Fiscal year      2009 budget       Committee
                                                                 2008 enacted       request      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                   475,000          390,300          180,300
 Technology..................................................
                                                              --------------------------------------------------
      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 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
                                                                   Fiscal year     2009 budget      Committee
                                                                  2008 enacted       request     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 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 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 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 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 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
                                                                   Fiscal year     2009 budget      Committee
                                                                  2008 enacted     request\1\    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 Biodefense 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.

                  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   Fiscal year 2009      Committee
                                                              enacted         budget request    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 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
                                                                   Fiscal year     2009 budget      Committee
                                                                  2008 enacted       request     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.
    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 
Post-Katrina 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 directed 
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 well-documented 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 policy 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 all-hazards; (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 conversion 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 review 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
                                                                Fiscal year      2009 budget        Committee
                                                                2008 enacted       request       recommendations
----------------------------------------------------------------------------------------------------------------
Grants:
    State Homeland Security Grant Program...................          890,000          200,000       \1\890,000
    REAL ID Grants..........................................        \2\50,000            (\3\)       \4\(50,000)
    Operation Stonegarden...................................        \2\60,000  ...............  ................
    Urban Area Security Initiative..........................          820,000          825,000          825,000
    Regional Catastrophic Preparedness Grants...............           35,000  ...............           35,000
    Metropolitan Medical Response System....................           41,000  ...............           33,000
    Citizen Corps...........................................           15,000           15,000           15,000
    Public Transportation Security Assistance and Railroad            400,000          175,000          400,000
     Security Assistance....................................
    Port Security Grants....................................          400,000          210,000          400,000
    Over-the-Road Bus Security Assistance...................           11,500           12,000           12,000
    Trucking Industry Security Grants.......................           16,000            8,000            8,000
    Buffer Zone Protection Program Grants...................           50,000            (\3\)           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 Pro-               88,000           32,000          101,900
     grams..................................................
    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, 
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-The-Road 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 Committees 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 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.

              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.

                             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 Security 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.

        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.

                       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 
assistance 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.

                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

\1\Fee collections are estimated to exceed costs.

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

                       COMMITTEE RECOMMENDATIONS

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

\1\Funding 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.

                      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)

\1\Fully 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 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 Hazard Mitigation Grant Program, funded 
through the Disaster Relief Fund, which provides grants to a 
State in which a disaster has been declared.

                       COMMITTEE RECOMMENDATIONS

    The Committee recommends $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.

                                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  Fiscal year 2009       Committee
                                                            enacted\1\      budget request    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
                                                        --------------------------------------------------------
      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.

                      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  Fiscal year 2009      Committee
                                                               enacted\1\      budget request    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
        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 Serv-               167,799           167,799           167,799
               ices.......................................
                                                           =====================================================
    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.
    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.

                        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.

                         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  Fiscal year 2009      Committee
                                                             enacted   budget request    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
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                  691,735           736,737           787,277
       Operations.........................................
----------------------------------------------------------------------------------------------------------------

                 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 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 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      Fiscal year
                                                                     2008         2009 budget       Committee
                                                               enacted      request      recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration................................           31,500           38,900           38,900
Research, Development, and Operations........................          323,500          334,200          334,200
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 resources 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 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 
radiation 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.

                                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 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 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.
    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.
    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.
    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.

                     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.

  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;
    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 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

           *       *       *       *       *       *       *

Sec. 391. Research and development projects

(a) Authority

    [Until 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

           *       *       *       *       *       *       *

                          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 [December 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 
[2008] 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--

           *       *       *       *       *       *       *

                        BUDGETARY IMPACT OF BILL

  PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
                                                     AMENDED
                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  Budget authority               Outlays
                                                             ---------------------------------------------------
                                                               Committee    Amount  of   Committee    Amount  of
                                                               allocation      bill      allocation      bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
 to its subcommittees 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                NA        4,894           NA          418
 2009.......................................................
----------------------------------------------------------------------------------------------------------------
\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.

                                                                                 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:      2010 Olympics Coordination Center, WA......................................................         4,500,000  Senator Murray
 Salaries and Expenses.
U.S. Customs and Border Protection:      Advanced Training Center, WV...............................................................        39,700,000  Senator Byrd
 Construction.
U.S. Customs and Border Protection:      Del Rio: Comstock, TX Station..............................................................        25,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Detroit: Sandusky, OH Station..............................................................         4,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Calexico, CA Station.......................................................................        34,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Indio, CA Station..........................................................................        18,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Sector HQ Vehicle Maintenance Facility, CA.................................................        18,000,000  The President
 Construction.
U.S. Customs and Border Protection:      El Paso: Expanded Checkpoints, TX..........................................................         1,513,000  The President
 Construction.
U.S. Customs and Border Protection:      Marfa: Presidio, TX Station................................................................         3,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Blythe, CA Station.........................................................................        28,900,000  The President
 Construction.
U.S. Customs and Border Protection:      Boulevard, CA Station......................................................................        31,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Casa Grande, AZ Station....................................................................        17,873,000  The President
 Construction.
U.S. Customs and Border Protection:      Naco, AZ Station...........................................................................        47,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Sonoita, AZ Station........................................................................        27,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Yuma, AZ Hangar, Maintenance and Admin.....................................................         4,000,000  The President
 Construction.
U.S. Customs and Border Protection:      El Centro, CA Hangar, Maintenance & Admin..................................................         2,100,000  The President
 Construction.
U.S. Customs and Border Protection:      El Paso, TX Consolidation of facilities....................................................         1,500,000  The President
 Construction.
U.S. Customs and Border Protection:      Laredo, TX Hangar, Maintenance & Admin.....................................................         4,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Marfa, TX Hangar, Maintenance & Admin......................................................         3,000,000  The President
 Construction.
U.S. Customs and Border Protection:      Uvalde, TX Hangar, Maintenance & Admin.....................................................         2,000,000  The President
 Construction.
Coast Guard: Acquisition, Construction,  CG Air Station Cape Cod, MA................................................................         5,000,000  The President
 and Improvements.
Coast Guard: Acquisition, Construction,  Sector Delaware Bay, NJ....................................................................        13,000,000  The President
 and Improvements.
Coast Guard: Acquisition, Construction,  Coast Guard Housing--Cordova, AK...........................................................        11,600,000  The President
 and Improvements.
Coast Guard: Acquisition, Construction,  Coast Guard Academy--Chase Hall, CT........................................................        10,300,000  The President, Senator Dodd
 and Improvements.
Coast Guard: Acquisition, Construction,  Station Montauk, NY........................................................................         1,550,000  The President
 and Improvements.
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
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      National Infrastructure Simulation and Analysis Center, NM.................................        20,000,000  The President, Senator Domenici
 Information Secur-  ity.
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.................................................  ................  The President; Senators Cornyn,
                                            National Energetic Materials Research and Testing Center, New Mexico Institute of Mining                     Domenici, Hutchison, Landrieu, Reid,
                                             and Technology, NM.....................................................................        22,000,000   and Vitter
                                            National Center for Biomedical Research and Training, Louisiana State University, LA....        22,000,000
                                            National Emergency Response and Rescue Training Center, Texas A&M University, TX........        22,000,000
                                            National Exercise, Test, and Training Center, Nevada Test Site, NV......................        22,000,000
FEMA: State and Local Programs.........  National Domestic Preparednesss Consortium:
                                            Transportation Technology Center, Incorporated, CO......................................         5,000,000  Senators Allard and Salazar
                                            National Disaster Preparedness Training Center, University of Hawaii, HI................         5,000,000  Senator Inouye
FLETC: Acquisition, Construction,        Artesia Construction, NM...................................................................         3,000,000  Senator Domenici
 Improvements, and Related Expenses.
FLETC: Acquisition, Construction,        Practical Application/Counterterrorism Operations Training Facility, GA....................         9,195,000  The President
 Improvements, and Related Expenses.
S&T: Research, Development,              Southeast Region Research Initiative, TN...................................................        27,000,000  Senators Alexander, Cochran, and Wicker
 Acquisition, and Operations.
S&T: Research, Development,              Distributed Environment for Critical Infrastructure Decisionmaking Exercises, Multiple              3,000,000  Senators Bennett, Leahy, Lieberman and
 Acquisition, and Operations.             Locations.                                                                                                     Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

  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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Senate Committee recommendation
                                                                                                                            compared with (+ or -)
                             Item                                     2008         Budget estimate      Committee    -----------------------------------
                                                                  appropriation                      recommendation         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
 
    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)
                                                               -----------------------------------------------------------------------------------------
 
        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            982,802         1,185,492         1,197,419          +214,617           +11,927
       (including transfers)..................................
          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                  619,325           644,351           646,608           +27,283            +2,257
         inspections and trade facilitation...................
        Management and administration, border security, and             602,016           622,300           622,550           +20,534              +250
         control between ports of entry.......................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Headquarters, Management, and                     1,221,341         1,266,651         1,269,158           +47,817            +2,507
           Administration.....................................
 
    Border security inspections and trade facilitation:
        Inspections, trade, and travel facilitation at ports          1,583,235         1,834,793         2,041,846          +458,611          +207,053
         of entry.............................................
        Model ports of entry (emergency)......................           40,000   ................  ................          -40,000   ................
        Terrorist prevention system enhancements for passenger           45,000   ................  ................          -45,000   ................
         screening (emergency)................................
        Electronic travel authorizations (emergency)..........           36,000   ................  ................          -36,000   ................
        WHTI (emergency)......................................          150,000   ................  ................         -150,000   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Inspections, trade, and travel                    1,854,235         1,834,793         2,041,846          +187,611          +207,053
           facilitation at ports of entry.....................
 
    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                 2,279,247         2,273,104         2,480,157          +200,910          +207,053
       facilitation...........................................
 
    Border security and control between ports of entry:
        Border security and control...........................        2,984,443         3,440,505         3,440,505          +456,062   ................
            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         3,075,232         3,515,320         3,515,320          +440,088   ................
           of entry...........................................
 
    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           226,740           254,279           271,679           +44,939           +17,400
           Benefits...........................................
                                                               -----------------------------------------------------------------------------------------
          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           316,969           316,851           316,851              -118   ................
     System (ITDS)............................................
    Automated commercial system and current operations and              159,640           194,483           194,483           +34,843   ................
     processing support.......................................
                                                               -----------------------------------------------------------------------------------------
      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   ................
                                                               -----------------------------------------------------------------------------------------
      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,            570,047           528,000           528,000           -42,047   ................
           maintenance, and procurement.......................
              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         9,422,579         9,487,189         9,740,849          +318,270          +253,660
           Protection.........................................
 
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)  ................
                                                               =========================================================================================
 
           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          164,887           200,188           202,188           +37,301            +2,000
         costs................................................
        ICE vehicle replacements (emergency)..................            4,000   ................  ................           -4,000   ................
        Headquarters-managed IT investment....................          146,654           174,348           174,348           +27,694   ................
                                                               -----------------------------------------------------------------------------------------
          Subtotal, Headquarters, Management, and                       315,541           374,536           376,536           +60,995            +2,000
           Administration.....................................
 
    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   ................
              Subtotal, Detention and removal operations......        2,381,401         2,449,231         2,478,004           +96,603           +28,773
                                                               -----------------------------------------------------------------------------------------
 
    Comprehensive identification and removal of criminal        ................  ................          160,000          +160,000          +160,000
     aliens...................................................
        (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             426,327           426,327           426,327   ................  ................
     replacement/acquisition).................................
                                                               -----------------------------------------------------------------------------------------
      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               4,734,717         4,747,904         4,989,210          +254,493          +241,306
       Customs Enforcement....................................
 
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             (5,581,217)       (5,662,904)       (5,928,210)        (+346,993)        (+265,306)
       (gross)................................................
          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)  ................
                                                               =========================================================================================
            Transportation Security Administration
 
Aviation security:
    Screening operations:
        Screener workforce:
            Privatized screening..............................          143,385           151,272           151,272            +7,887   ................
            Passenger & Baggage screener--personnel,                  2,636,104         2,716,014         2,692,014           +55,910           -24,000
             compensation, and benefits.......................
                                                               -----------------------------------------------------------------------------------------
              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
 
    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-                 -225   ................  ................             +225   ................
           mandatory).........................................
          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   ................
    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                   (165,191)         (173,018)         (159,618)          (-5,573)         (-13,400)
       Credentialing (Gross)..................................
          Fee funded programs.................................          (82,601)          (40,000)          (40,000)         (-42,601)  ................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Transportation Threat Assessment and                     82,590           133,018           119,618           +37,028           -13,400
       Credentialing (net)....................................
 
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)           6,813,510         7,101,553         6,893,977           +80,467          -207,576
       (including trans) (w/out rescission)...................
                                                               =========================================================================================
      Total, Transportation Security Administration (gross)           6,813,510         7,101,553         6,886,677           +73,167          -214,876
       (including trans) (with rescission)....................
          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)
          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   ................
            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              80,300            73,000            73,000            -7,300   ................
         (Rescue 21)..........................................
        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                60,000   ................  ................          -60,000   ................
         (emergency)..........................................
        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                    1,125,083         1,205,118         1,266,818          +141,735           +61,700
           improvements (excluding rescissions)...............
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   ................
        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           44,565            47,836            55,836           +11,271            +8,000
         crimes task forces...................................
        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                       175,934           182,104           182,104            +6,170   ................
     administration
 
    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             3,725             3,725             3,725   ................  ................
 (Rowley training center).....................................
                                                               -----------------------------------------------------------------------------------------
      Total, United States Secret Service.....................        1,385,496         1,414,346         1,418,004           +32,508            +3,658
                                                               =========================================================================================
      Total, title II, Security, Enforcement, and                    28,195,171        28,786,378        29,640,921        +1,445,750          +854,543
       Investigations (including transfers)...................
          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   ................
    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           136,021           236,600           143,563            +7,542           -93,037
               Telecommunications.............................
                                                               -----------------------------------------------------------------------------------------
              Subtotal, Infrastructure Protection and                   654,730           841,200           808,004          +153,274           -33,196
               Information Security (Defense function)........
                                                               -----------------------------------------------------------------------------------------
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   ................
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                724,000           957,405           935,992          +211,992           -21,413
       transfers).............................................
          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
 
    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              400,000           175,000           400,000   ................         +225,000
     security assistance......................................
    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)           190,000   ................          190,000   ................         +190,000
     Act grants...............................................
                                                               -----------------------------------------------------------------------------------------
      Subtotal, Firefighter Assistance grants.................          750,000           300,000           750,000   ................         +450,000
 
Emergency management performance grants.......................          300,000   ................          300,000   ................         +300,000
                                                               -----------------------------------------------------------------------------------------
      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       (2,900,000)  ................  ................      (-2,900,000)  ................
     appropriations (previously enacted)
                                                               -----------------------------------------------------------------------------------------
      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   ................
                                                               -----------------------------------------------------------------------------------------
      Total, Federal Emergency Management Agency (including           9,706,470         5,573,195         7,327,997        -2,378,473        +1,754,802
       transfers).............................................
          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       11,000,046         7,020,634         8,540,240        -2,459,806        +1,519,606
       Recovery (including transfers).........................
          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)  ................
    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              (18,504)          (18,818)          (18,818)            (+314)  ................
 accounts)....................................................
                                                               =========================================================================================
      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   ................
    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                 691,735           736,737           787,277           +95,542           +50,540
       operations.............................................
          (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
                                                               =========================================================================================
               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        1,684,724         1,861,303         1,935,165          +250,441           +73,862
       Services (including transfers).........................
          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   ................
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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