50–444 PDF 

Calendar No. 83 

111TH CONGRESS REPORT " ! SENATE 1st Session 111–31 

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

BILL, 2010 

JUNE 18, 2009.—Ordered to be printed 

Mr. REID (for Mr. BYRD), from the Committee on Appropriations, 

submitted the following 

R E P O R T 

[To accompany S. 1298] 

The Committee on Appropriations reports the bill (S. 1298) making appropriations for the Department of Homeland Security for 

the fiscal year ending September 30, 2010, and for other purposes, 

reports favorably thereon and recommends that the bill do pass. 
2 

Total obligational authority, fiscal year 2010 

Total of bill as reported to the Senate 123 ............ $44,287,748,000 

Amount of 2009 appropriations 4 5 .......................... 44,080,245,000 

Amount of 2010 budget estimate 2 6 ....................... 44,190,938,000 

Bill as recommended to Senate compared to— 

2009 appropriations .......................................... ∂207,503,000 

2010 budget estimate ........................................ ∂96,810,000 1 Includes $35,500,000 in rescissions. 

2 Includes a permanent indefinite appropriation of $261,000,000 for the Coast 

Guard health care fund contribution. 3 Includes $241,503,000 for the Coast Guard for the costs of overseas contingency 

operations. 4 Excludes $2,175,000,000 appropriated in the Department of Homeland Security 

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

became available for obligation in fiscal year 2009. 5 Includes $2,855,000,000 in emergency appropriations appropriated in Public Law 

111–5, the American Recovery and Reinvestment Act of 2009, and Public Law 111– 

8, the Omnibus Appropriations Act, 2009. Includes rescissions totalling $72,373,000 

pursuant to Public Law 110–329. Includes permanent indefinite appropriation of 

$257,305,000 for the Coast Guard health care fund contribution. 6 Excludes up to $241,503,000 for Coast Guard overseas contingency operations requested in Department of Defense ‘‘Navy, Operation and Maintenance’’. 
(3) 

C O N T E N T S 

DEPARTMENT OF HOMELAND SECURITY 

Page 

Overview and Summary of the Bill ........................................................................ 5 

Title I: 

Departmental Management and Operations: 

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

Office of the Under Secretary for Management ...................................... 14 

Office of the Chief Financial Officer ........................................................ 17 

Office of the Chief Information Officer .................................................... 19 

Analysis and Operations ........................................................................... 22 

Office of the Federal Coordinator for Gulf Coast Rebuilding ................ 23 

Office of Inspector General ....................................................................... 23 

Title II: 

Security, Enforcement, and Investigations: 

U.S. Customs and Border Protection: 

Salaries and Expenses ....................................................................... 26 

Automation Modernization ................................................................ 36 

Border Security Fencing, Infrastructure, and Technology ............. 37 

Air and Marine Interdiction, Operations, Maintenance, and Procurement .......................................................................................... 39 

Construction and Facilities Management ........................................ 40 

U.S. Immigration and Customs Enforcement: 

Salaries and Expenses ....................................................................... 43 

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

Automation Modernization ................................................................ 52 

Construction ....................................................................................... 53 

Transportation Security Administration: 

Aviation Security ................................................................................ 54 

Surface Transportation Security ....................................................... 62 

Transportation Threat Assessment and Credentialing ................... 64 

Transportation Security Support ...................................................... 65 

Federal Air Marshals ......................................................................... 67 

Coast Guard: 

Operating Expenses ........................................................................... 68 

Environmental Compliance and Restoration ................................... 74 

Reserve Training ................................................................................ 74 

Acquisition, Construction, and Improvements ................................. 74 

Alteration of Bridges .......................................................................... 81 

Research, Development, Test, and Evaluation ................................ 81 

Retired Pay ......................................................................................... 82 

United States Secret Service: 

Salaries and Expenses ....................................................................... 82 

Acquisition, Construction, Improvements, and Related Expenses .............................................................................................. 84 

Title III: 

Protection, Preparedness, Response, and Recovery: 

National Protection and Programs Directorate: 

Management and Administration ..................................................... 86 

Infrastructure Protection and Information Security ....................... 87 

United States Visitor and Immigrant Status Indicator Technology ............................................................................................... 92 

Federal Protective Service ................................................................. 94 

Office of Health Affairs ............................................................................. 95 

Federal Emergency Management Agency: 

Management and Administration ..................................................... 97 
Page

4 

Title III—Continued 

Protection, Preparedness, Response, and Recovery—Continued 

Federal Emergency Management Agency—Continued 

State and Local Programs ................................................................. 103 

Firefighter Assistance Grants ........................................................... 109 

Emergency Management Performance Grants ................................ 110 

Radiological Emergency Preparedness Program ............................. 110 

United States Fire Administration ................................................... 111 

Disaster Relief .................................................................................... 111 

Disaster Assistance Direct Loan Program Account ......................... 112 

Flood Map Modernization Fund ........................................................ 112 

National Flood Insurance Fund ........................................................ 113 

National Predisaster Mitigation Fund ............................................. 113 

Emergency Food and Shelter ............................................................ 114 

Title IV: 

Research and Development, Training, and Services: 

United States Citizenship and Immigration Services ............................ 115 

Federal Law Enforcement Training Center: 

Salaries and Expenses ....................................................................... 118 

Acquisition, Construction, Improvements, and Related Expenses .................................................................................................... 119 

Science and Technology: 

Management and Administration ..................................................... 120 

Research, Development, Acquisition, and Operations .................... 121 

Domestic Nuclear Detection Office: 

Management and Administration ..................................................... 125 

Research, Development, and Operations ......................................... 126 

Systems Acquisition ........................................................................... 126 

Title V: General Provisions ..................................................................................... 128 

Program, Project, and Activity ............................................................................... 134 

Compliance With Paragraph 7, Rule XVI of the Standing Rules of the Senate .......................................................................................................................... 135 

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

Senate ................................................................................................................... 136 

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

Senate ................................................................................................................... 137 

Disclosure of Congressionally Directed Spending Items ...................................... 139 

Comparative Statement of New Budget Authority ............................................... 141 
(5) 

OVERVIEW AND SUMMARY OF THE BILL 

Fiscal year 2010 2 4

request 

Fiscal year 2010 123

Committee recommendation 

Title I—Departmental Management and Operations ................................................. $1,389,892,000 $1,324,600,000 

Title II—Security, Enforcement, and Investigations .................................................. 32,121,952,000 32,652,599,000 

Title III—Protection, Preparedness, Response, and Recovery ................................... 8,691,755,000 8,533,571,000 

Title IV—Research and Development, Training, and Services .................................. 1,987,339,000 1,792,478,000 

Title V—General Provisions ........................................................................................ .............................. ¥35,500,000 

Total, new budget (obligational authority) ................................................... 44,190,938,000 44,287,748,000 

1 Includes $35,500,000 in rescissions. 

2 Includes permanent indefinite appropriation of $261,000,000 for the Coast Guard health care fund contribution. 

3 Includes $241,503,000 for the Coast Guard for the costs of overseas contingency operations. 

4 Excludes up to $241,503,000 for Coast Guard overseas contingency operations requested in Department of Defense ‘‘Navy, Operation and 

Maintenance’’. 

The Committee recommends total appropriations of 

$44,287,748,000 for the Department of Homeland Security (the Department) for fiscal year 2009, $96,810,000 more than the budget 

request. Of this amount, $42,926,503,000 is for discretionary programs. 

OVERVIEW

The establishment of the Department of Homeland Security after 

the devastating events of September 11, 2001, was one of the most 

ambitious Federal reorganizations since the Department of Defense 

was created following World War II. Regrettably, it was the official 

position of the Bush administration that the Department could be 

created at no cost to the taxpayer. This translated into a Department with aging assets, an inability to prepare for and respond to 

natural disasters and future threats, and significant management 

and employee morale problems. 

In response, Congress, on a bipartisan basis, increased homeland 

security spending by an average of $2,000,000,000 per year above 

the President’s request. These increases were invested in border security, chemical security, port security, transit security, aviation 

security, and cyber security. Congress also ensured State and local 

partners in homeland security received adequate resources to equip 

and train our first responders. These investments have paid off, 

making our Nation more secure and making us better prepared for 

any disaster. But we have much more work to do. 

The Committee recommends $42,926,503,000 of discretionary 

budget authority for fiscal year 2010, $2,938,003,000, or 7 percent, 

above fiscal year 2009, excluding emergency funding provided in 

the American Recovery and Reinvestment Act and the Omnibus 

Appropriations Act, 2009. 

Priorities in the bill are focused on five major goals: 

—Securing our borders and enforcing our immigration laws; 
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—Protecting the American people from terrorist threats and 

other vulnerabilities, and ensuring that the Department is 

nimble enough to address future threats; 

—Preparing for, responding to, and recovering from all-hazards, 

including natural disasters; 

—Supporting our State, local, tribal, and private sector partners 

in homeland security with resources and information; and 

—Giving the Department resources to strengthen financial, procurement, information technology systems, and other management tools that it needs to succeed; eliminating or reducing 

programs that are ineffective or duplicative. 

REFERENCES

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

American Recovery and Reinvestment Act of 2009 (Public Law 

111–5) is referenced as the Stimulus Act; Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 

110–53, is referenced as the 9/11 Act; Security and Accountability 

for Every Port Act of 2006, Public Law 109–347, is referenced as 

the SAFE Port Act; and Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108–458, is referenced as the Intelligence Reform Act. 

Any reference in this report to the Secretary shall be interpreted 

to mean the Secretary of Homeland Security. 

Any reference to the Department or DHS shall be interpreted to 

mean the Department of Homeland Security. 

Any reference in this report to a departmental component shall 

be interpreted to mean directorates, components, agencies, offices, 

or other organizations in the Department. 

Any reference to ‘‘full-time equivalents’’ shall be referred to as 

FTE. 

Any reference to ‘‘program, project, and activity’’ shall be referred 

to as PPA. 
(7) 

DEPARTMENT OF HOMELAND SECURITY 

TITLE I 

DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

Appropriations, 2009 ............................................................................. $123,456,000 

Budget estimate, 2010 ........................................................................... 160,760,000 

Committee recommendation ................................................................. 149,268,000 

The Office of the Secretary and Executive Management supports 

the Department by providing direction, management, and policy 

guidance to operating components within the organization. The 

specific activities funded by this account include: the Immediate 

Office of the Secretary; the Immediate Office of the Deputy Secretary; the Chief of Staff; the Office of Counternarcotics Enforcement; the Executive Secretary; the Office of Policy; the Office of 

Public Affairs; the Office of Legislative Affairs; the Office of General Counsel; the Office of Civil Rights and Civil Liberties; the Citizenship and Immigration Services Ombudsman; the Office of Intergovernmental Affairs; and the Privacy Officer. 

COMMITTEE RECOMMENDATION

The Committee recommends $149,268,000 for the Office of the 

Secretary and Executive Management, $25,812,000 above the fiscal 

year 2009 level and $11,492,000 below the request level. Of the 

total amount provided, up to $60,000 is available for reception and 

representation expenses. The Department is to submit a quarterly 

report to the Committee detailing the obligation of these funds by 

purpose and dollar amount. 

The specific levels recommended by the Committee as compared 

to the fiscal year 2009 and budget request levels are as follows: 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT 

[In thousands of dollars] 

Fiscal year 2009 

enacted

Fiscal year 2010 

budget request 

Committee 

recommendations 

Immediate Office of the Secretary ...................................................... 3,140 5,061 5,061 

Immediate Office of the Deputy Secretary .......................................... 1,400 1,810 1,810 

Chief of Staff ....................................................................................... 2,693 2,595 2,595 

Office of Counternarcotics Enforcement .............................................. 3,718 3,912 3,718 

Executive Secretary .............................................................................. 7,448 8,344 8,344 

Office of Policy ..................................................................................... 43,263 61,564 51,564 

Office of Public Affairs ........................................................................ 5,991 6,539 5,991 

Office of Legislative Affairs ................................................................. 4,997 7,097 6,797 

Office of Intergovernmental Affairs ..................................................... ( 1 ) 2,800 2,600 

Office of General Counsel .................................................................... 20,114 24,028 24,028 

Office of Civil Rights and Civil Liberties ............................................ 17,417 22,104 22,104 

Citizenship and Immigration Services Ombudsman ........................... 6,471 6,935 6,685 
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OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT—Continued 

[In thousands of dollars] 

Fiscal year 2009 enactedFiscal year 2010 

budget request 

Committee recommendations 

Privacy Officer ...................................................................................... 6,804 7,971 7,971 

Total, Office of the Secretary and Executive Management ... 123,456 160,760 149,268 

1 Funds provided for this activity within the Federal Emergency Management Agency. 

IMMEDIATE OFFICE OF THE SECRETARY

The Committee recommends $5,061,000 for the Immediate Office 

of the Secretary, an increase of $1,921,000 from the fiscal year 

2009 level and the same level as proposed in the budget. The Committee approves the request to transfer a total of $1,278,000 from 

various DHS components and other Office of the Secretary and Executive Management [OSEM] offices for the Secretary’s travel. 

IMMEDIATE OFFICE OF THE DEPUTY SECRETARY

The Committee recommends $1,810,000 for the Immediate Office 

of the Deputy Secretary, an increase of $410,000 from the fiscal 

year 2009 level and the same level as proposed in the budget. 

The Committee understands that the Office of Infrastructure 

Protection, the Coast Guard, and the Transportation Security Administration are working together to coordinate chemical security 

responsibilities established by the Chemical Facilities Anti-Terrorism Standards regulations, the Maritime Transportation Security Act of 2002, and railroad security regulations. The Committee 

directs the Deputy Secretary to coordinate efforts and to work with 

the White House Office of Domestic Policy to develop a coordinated 

and integrated approach for securing chemical facilities. Further, 

the Committee directs that the Department review and, if necessary, consider revising its information security regulations related to chemical facilities to ensure companies cannot misuse the 

regulations to improperly delay or impede Federal safety investigations following chemical accidents. 

The Committee directs the Department to provide a report to the 

Committee no later than 90 days after the date of enactment of 

this act, and quarterly thereafter, on the agency’s efforts to coordinate chemical security across departments, particularly in regard 

to ensuring the ability to conduct prompt and comprehensive Federal safety investigations of chemical accidents. Further, to ensure 

expeditious attention to this matter, the Deputy Secretary is directed to brief the Committee on the milestones established for a 

coordinated effort. 

CHIEF OF STAFF

The Committee recommends $2,595,000 for the Chief of Staff, a 

decrease of $98,000 from the fiscal year 2009 level and the same 

level as proposed in the budget. 

OFFICE OF COUNTERNARCOTICS ENFORCEMENT

The Committee recommends $3,718,000 for the Office of Counternarcotics Enforcement [CNE], the same as the fiscal year 2009 
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level and $194,000 below the level proposed in the budget. The 

Committee requires the CNE to submit a report no later than 60 

days after the date of enactment of this act to include: a detailed 

description of the Department’s counternarcotics activities; whether 

those activities were sufficient to meet the Department’s responsibility to stop the entry of illegal drugs into the United States; and 

recommended changes to those activities to improve the Department’s counternarcotics performance. Funding is maintained at the 

current level due to the CNE’s failure to provide the Committee 

with a similar report required in fiscal year 2009. These reports 

help the Committee assess whether the CNE is fulfilling its mission. 

EXECUTIVE SECRETARY

The Committee recommends $8,344,000 for the Office of the Executive Secretary, an increase of $896,000 above the fiscal year 

2009 level and the same level as proposed in the budget. 

OFFICE OF POLICY

The Committee recommends $51,564,000 for the Office of Policy, 

$8,301,000 above the fiscal year 2009 level and $10,000,000 below 

the level proposed in the budget. The Committee fully funds requested base adjustments totaling $3,301,000 to annualize FTE 

funded in fiscal year 2009, to adjust for statutory pay increases, 

and to pay administrative support services executed by the Working Capital Fund. The Committee recommends a partial increase 

for the Integrated Requirements Process and the Intermodal Security Coordination Office. While the Committee supports the intent 

of these initiatives, there is little justification to support such a 

large financial commitment for fiscal year 2010. Therefore, an additional $5,000,000 is provided, $10,000,000 below the request level. 

The fiscal year 2010 expenditure plan shall provide a detailed explanation of how these funds are being allocated and for what purpose. Contractor support for both initiatives shall not exceed 25 

percent. 

The Committee bill provides $20,000 within the Secretary’s reception and representation expenses to enable the Office of Policy 

to host Visa Waiver Program negotiations in Washington, DC, 

which will save significant travel costs. 

The Committee directs the Office of Policy to submit an expenditure plan for fiscal year 2010 no later than 60 days after the date 

of enactment of this act. The plan shall provide a full explanation 

for each activity of this Office and accompanying costs. Because the 

fiscal year 2009 expenditure plan wasn’t submitted until 8 months 

into the fiscal year, the Committee includes bill language withholding $20,000,000 from obligation until the fiscal year 2010 plan 

is submitted. 

OFFICE OF INTERGOVERNMENTAL AFFAIRS

The Committee approves the budget request to transfer these 

functions from the Federal Emergency Management Agency 

[FEMA] and recommends $2,600,000 for the Office Intergovernmental Affairs, $200,000 below the level proposed in the budget. Of 
10 

this amount, $2,000,000 and 17 FTE represent the transfer of these 

functions from FEMA and $800,000 is recommended to pay administrative support services executed by the Working Capital Fund. 

The Committee modifies the name of the Office from ‘‘Office of 

Intergovernmental Programs’’ as proposed in the budget to ‘‘Office 

of Intergovernmental Affairs’’ as this name more appropriately reflects the activities of this office. Funds are decreased below the request due to the delay in filling full-time permanent positions within this office in fiscal year 2009. 

OFFICE OF PUBLIC AFFAIRS

The Committee recommends $5,991,000 for the Office of Public 

Affairs, the same as the fiscal year 2009 level and $548,000 below 

the level proposed in the budget. Funds are decreased below the request due to the delay in filling full-time permanent positions within this office. 

OFFICE OF LEGISLATIVE AFFAIRS

The Committee recommends $6,797,000 for the Office of Legislative Affairs, an increase of $1,800,000 above the fiscal year 2009 

level and $300,000 below the level proposed in the budget. 

OFFICE OF GENERAL COUNSEL

The Committee recommends $24,028,000 for the Office of General Counsel [OGC], $3,914,000 above the fiscal year 2009 level 

and the same level as proposed in the budget. The increase above 

the request is to fund base adjustments for increasing costs related 

to pay, the Working Capital Fund, and an annualization of prior 

year FTE’s. The Committee also directs the OGC to hire an additional attorney with expertise in appropriations law within the recommended level. The Department currently has just one attorney 

working on appropriations and requires additional resources in this 

area. 

OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES

The Committee recommends $22,104,000 for the Office of Civil 

Rights and Civil Liberties, an increase of $4,687,000 above the fiscal year 2009 level and the same level as proposed in the budget. 

The Committee recommends full programmatic increases, including 

funds for expansion of the Department’s Equal Employment Opportunity program, reviews of State and local fusion centers, additional training, complaint investigations, and other DHS-wide civil 

rights and civil liberties issues. The Committee directs the Office 

to submit an expenditure plan no later than 60 days after the date 

of enactment of this act. 

CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN

The Committee recommends $6,685,000 for the Citizenship and 

Immigration Services Ombudsman, an increase of $214,000 above 

the fiscal year 2009 level and $250,000 below the level proposed in 

the budget. Funds are decreased below the request due to the delay 

in filling full-time permanent positions within this office. 
11 

PRIVACY OFFICER

The Committee recommends $7,971,000 for the Privacy Officer, an increase of $1,167,000 above the fiscal year 2009 level and the 

same level as proposed in the budget. 

QUARTERLY DETAILEE REPORT

The Committee requires the Department to continue the quarterly detailee report. These reports shall be drafted in accordance 

with the revised guidance set forth in Senate Report 110–84. 

FUTURE YEARS BUDGET AND THE QUADRENNIAL HOMELAND SECURITY

REVIEW

As mandated by section 2401 of the 9/11 Act, the Department is 

developing a Quadrennial Homeland Security Review [QHSR], including a budget plan required to carry out the findings of the review. The Committee is concerned that the QHSR will be biased by 

the President’s proposed budget reduction for the Department of 

Homeland Security in the outyears. The Department of Homeland 

Security’s budget should be derived from the policy review. The policy review should not be driven by the budget. Therefore, any budget projections included in the QHSR should be based on actual 

needs to sufficiently carry out the long-term strategy and priorities 

for homeland security. 

FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS

The Secretary is directed to report semi-annually on the current 

projects tasked to federally funded research and development centers, the funding obligated by component, including the purposes 

for the funds, and any projects completed in the prior 6-month period. 

OVERDUE REPORTS

The Committee understands that the transition to the new administration may have caused some delays with regard to the Department providing the Committee with required reports due. However, to date, there are currently over 60 required reports that are 

past due and the Committee is concerned that the Department has 

only had a 35 percent on-time delivery rate of those received. These 

reports are vital for the Committee to appropriately make important resource allocation decisions to address critical homeland security issues. Consistent delays adversely impact the budgetary process. Examples of high-priority reports that are past due include 

Transportation Security Administration’s Risk-Based Resource Allocation plan, Coast Guard’s Workforce Action and Deepwater expenditure plans, U.S. Immigration and Customs Enforcement’s 

[ICE] Nationwide Alternatives to Detention plan, the Intelligence 

and Analysis expenditure plan, Office of Policy expenditure plan, 

and DHS Chief Information Officer expenditure plan. The Committee also requires certain reports in order to stay apprised of important homeland security initiatives such as: Federal Emergency 

Management Agency’s [FEMA] report on incorporating stakeholder 

input to the grant process, which ensures that State and local first 

responders are involved with the allocation of homeland security 
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grants required by Public Law 110–329; FEMA’s progress on nationwide implementation of the Integrated Public Alert and Warning System, required by Executive Order 13407, to better alert the 

public about emergencies; and ICE’s Transportation of Unaccompanied Alien Minors plan, which addresses the proper care and 

treatment of illegal alien children without parents within the immigration system. 

The Committee finds this performance unacceptable. 

DHS–GAO RELATIONS

The Committee is pleased to note that the Department is working with the Government Accountability Office [GAO] to improve it 

responsiveness to information requests, and is examining the models of interaction offered by other agencies. In order to improve 

transparency and oversight, the Committee urges DHS to adopt the 

practices of most other Federal agencies regarding interaction with 

GAO. These include: ensuring that GAO representatives have direct access to program officials and other relevant DHS employees, 

including contractors, for purposes of requesting records and obtaining information; expediting the internal review process for requested information by eliminating unnecessary or redundant levels of review; directing program officials and other relevant DHS 

employees, including contractors, to provide GAO with immediate 

access to agency records upon request when such records are readily available and do not require further internal review; and providing GAO representatives with access to draft or other non-final 

agency records pertinent to GAO’s review, consistent with GAO’s 

statutory right of access to agency records and its obligation to 

handle such information appropriately. 

DISTRIBUTION OF GRANT AWARDS

Americans are not made safer when appropriated funds sit in the 

Treasury. Therefore, as in previous fiscal years, the Committee 

again includes statutory timeframes by which appropriated grant 

funding must be made available and distributed to State and local 

partners. While departmental compliance with the timeframes has 

varied from year to year, fiscal year 2009 awards were delivered 

within the statutory timeframe. It is imperative that FEMA and 

the Department take State and local partners seriously by ensuring 

needed resources are provided expeditiously to address known 

risks. The Committee expects FEMA and the Department will comply with the law to ensure grant funds are distributed in a timely 

manner. 

STAKEHOLDER INVOLVEMENT

In the Homeland Security Appropriations Act, 2009, $10,000,000 

was withheld from both the Office of the Secretary and Executive 

Management [OSEM] and the Federal Emergency Management 

Agency [FEMA] Management and Administration account until the 

Secretary of Homeland Security, in coordination with the Administrator of FEMA, certifies to the Committees on Appropriations that 

a process to incorporate State and local stakeholder input for 

grants has been developed. It is unconscionable that 6 years after 
13 

the creation of the Department there is still not an efficient grant 

process. Further, it is disconcerting that the Secretary has yet to 

certify a process. The Committee expects a certification no later 

than August 31, 2009. Similar language is contained in the FEMA 

section of this report. 

PRINCIPAL FEDERAL OFFICIAL

The Committee recognizes that the Secretary intends to reserve 

the deployment of a Principal Federal Official [PFO] for a catastrophic or an unusually complex incident that requires extraordinary coordination. According to an official response submitted following the Senate Appropriations, Subcommittee on Homeland Security hearing on May, 13, 2009, the Secretary is committed to 

‘‘role clarity and clear, well-trained, and well-exercised protocols for 

communication and decisionmaking [which] are vital to achieving 

a coordinated response to any domestic incident’’. Therefore, the 

Committee does not include a restriction regarding the position of 

the PFO but strongly urges the Secretary to use an abundance of 

clarity on this matter before, during, and after the few instances 

when this position may be used. 

LOST AND STOLEN PASSPORTS

The Committee is concerned that the Department of Homeland 

Security has not taken all appropriate steps to interrupt terrorist 

and criminal travel through international border crossings. The 

Committee is aware that the Department currently tracks and reports on lost and stolen passports through the Forensic Document 

Laboratory and the Fraudulent Document Analysis Unit. The Committee directs the Secretary to submit a semiannual report to the 

Committees on Appropriations of the Senate and House of Representatives, the Committees on the Judiciary of the Senate and 

the House of Representatives, the Senate Committee on Homeland 

Security and Governmental Affairs, and the House of Representatives Committee on Homeland Security on the number of all lost 

and stolen passports reported to the Department, a detailed breakdown by issuing country, and the number intercepted by the Department at ports of entry. Also, the report should provide an analysis of any trends regarding lost and stolen passports. 

BORDER TUNNELS

Border tunnels pose a serious national security risk by providing 

a means for smugglers to move drugs, guns, and people under the 

border. Since September 11, 2001, more than 90 border tunnels 

have been discovered. The Committee is aware that tunnel detection and remediation is becoming a Department priority and that 

funds have been provided as requested to address their detection. 

The Committee directs the Department to provide semiannual reports to the Committees on Appropriations of the Senate and the 

House of Representatives, the Committee on the Judiciary, and the 

Committee on Homeland Security and Governmental Affairs on the 

number of tunnels discovered, their location and demolition, all activities undertaken to prosecute individuals under the Border Tunnel Prevention Act, funding requirements, and the progress made 
14 

in developing and implementing detection methods used to discover 

new tunnels. Finally, the Committee directs the Department to 

designate a border tunnel coordinator to manage border tunnel activities, serve as liaison to State and local law enforcement, and advise Congress on border tunnel issues. 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

Appropriations, 2009 1 ........................................................................... $391,793,000 

Budget estimate, 2010 ........................................................................... 337,990,000 

Committee recommendation ................................................................. 307,690,000 

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

The Under Secretary for Management oversees management and 

operations of the Department, including procurement and acquisition, human capital, and property management. The specific activities funded by this account include the Immediate Office of the 

Under Secretary for Management, the Office of Security, the Office 

of the Chief Procurement Officer, the Office of the Chief Human 

Capital Officer, and the Office of the Chief Administrative Officer. 

COMMITTEE RECOMMENDATION

The Committee recommends $307,690,000 for the Office of the 

Under Secretary for Management. 

The specific levels recommended by the Committee, as compared 

to the fiscal year 2009 and budget request levels, are as follows: 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Immediate Office of the Under Secretary for Management ................ 2,654 2,864 2,864 

Office of Security ................................................................................. 60,882 95,193 92,693 

Office of the Chief Procurement Officer .............................................. 39,003 71,038 70,038 

Office of the Chief Human Capital Officer: 

Salaries and Expenses ................................................................ 28,827 34,404 33,604 

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

Office of the Chief Administrative Officer: 

Salaries and Expenses ................................................................ 44,427 43,491 43,491 

Nebraska Avenue Complex .......................................................... 6,000 6,000 5,000 

DHS Headquarters Consolidation ................................................ .......................... 75,000 50,000 

Emergency Appropriations (Public Law 111–5) .................................. 200,000 .......................... ..........................

Total, Office of the Under Secretary for Management .......... 391,793 337,990 307,690 

Appropriations ........................................................................ 191,793 337,990 307,690 

Emergency Appropriations (Public Law 111–5) ..................... 200,000 .......................... ..........................

IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

The Committee recommends $2,864,000 for the Immediate Office 

of the Under Secretary, $210,000 above the fiscal year 2009 level 

and the same level as proposed in the budget. 

OFFICE OF SECURITY

The Committee recommends $92,693,000 for the Office of Security, an increase of $31,811,000 above the fiscal year 2009 level and 
15 

$2,500,000 below the level requested in the budget. This recommended increase includes $3,000,000 and 9 positions for Departmental personnel security adjudication needs; $5,000,000 and 20 

positions for the Special Access Program Control Office; and 

$22,500,000 for the Homeland Security Presidential Directive 12 

[HSPD–12] Card Issuance Program. The Department’s schedule to 

issue HSPD–12 cards to DHS employees appears to be overly optimistic in fiscal year 2010. Therefore, the Committee does not recommend the full increase requested in the budget. 

The Committee has heard from several DHS components about 

delays in hiring due to the security clearance process. With the additional adjudication funding recommended, the Office of Security 

should meet the 15-day standard for suitability reviews and reduce 

its existing backlog of individuals awaiting a security clearance. 

The Committee directs the Office of Security to include progress 

against these objectives in the Office of the Chief Human Capital 

Officer’s monthly hiring reports submitted to the Committee. 

OFFICE OF THE CHIEF PROCUREMENT OFFICER

The Committee recommends $70,038,000 for the Office of the 

Chief Procurement Officer, $31,035,000 above the fiscal year 2009 

level and $1,000,000 below the level requested in the budget. This 

increase will fully annualize 52 positions being filled in fiscal year 

2009, fund 100 new positions for the Acquisition Workforce Intern 

Program, fund 24 new positions and associated infrastructure to 

create a new contracting component for classified programs, and 

fund 20 new positions and support from Federally Funded Research and Development Centers for oversight of DHS acquisition 

programs. A small reduction is recommended below the request due 

to the delay in filling full-time permanent positions within this office. 

ACQUISITION REVIEW PROCESS

The Department’s Investment Review Process was overhauled in 

2008 with the intent to improve acquisition management and oversight across DHS. The Committee is pleased with the direction the 

Department is taking to create a common acquisition policy and a 

single point of accountability in the Acquisition Decision Authority. 

There are 67 major DHS acquisition programs with investments 

over $300,000,000 in lifecycle costs as well as some special interest 

programs/projects. In order to monitor the Department’s acquisition 

review process, the Committee directs the Secretary to provide a 

quarterly status report on major acquisitions in excess of 

$300,000,000. These reports shall include a description of each acquisition and whether it has been approved by the Acquisition Review Board [ARB], is currently being reviewed by the ARB, is 

scheduled for review or a follow-up review by the ARB, and whether the relevant DHS component has begun submitting monthly 

periodic reports and the results of the monthly updates. In addition, the report shall include information on acquisitions that are 

not meeting cost, schedule, or performance parameters, including 

an explanation of why, and corrective measures implemented or 

planned. These reports are also to address the extent to which the 

Department has sufficient personnel to execute the acquisition re-
16 

view process, and if not, its plans for fulfilling staffing requirements. 

OVER-RELIANCE ON CONTRACTORS

The Committee continues to be concerned with the Department’s 

reliance on contractors to perform functions more appropriate for 

in-house Federal employees or to perform functions closely supporting inherently governmental functions. Without stronger oversight, the risk of Government decisions being influenced by, rather 

than independent from, contractor judgments increases. The Department has launched a comprehensive workforce data call to examine and balance workforce requirements and, where appropriate, 

to convert contractors to in-house resources. Results of this review 

are expected in July 2009. The Committee directs the Undersecretary for Management to brief the Committee no later than August 

14, 2009, on the findings of this review, including plans for contract 

conversions in fiscal year 2010 and associated savings. 

OTHER TRANSACTION AUTHORITY

The Committee directs the Chief Procurement Officer to ensure 

that all employees working on Federal contracts have ‘‘Other 

Transaction Authority’’ training. 

OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER

The Committee recommends $43,604,000 and 89 FTE for the Office of the Chief Human Capital Officer [OCHCO], $4,777,000 

above the fiscal year 2009 level and $800,000 below the budget request due to the delay in filling full-time permanent positions within this office. As of April 25, 2009, the OCHCO was 44 percent 

below funded staffing levels. Funds for contractors should be limited as right-sizing OCHCO with Federal employees is a top priority. 

The Committee notes that hiring services being performed by the 

OCHCO on behalf of headquarters components is beginning to improve. However, significant progress remains necessary. Therefore, 

the Committee continues a requirement for the OCHCO to provide 

monthly reports on vacancies for each office OCHCO services, including the amount of time it takes to hire and seat an employee 

once a vacancy is announced. The report shall provide an explanation for hiring delays and steps being taken or planned to correct 

the delays. The Office of Security shall contribute to this report by 

including progress made to reduce the security clearance backlog 

and whether the 15-day standard for suitability reviews is being 

met. 

The OCHCO shall also provide a report no later than 60 days 

after the date of enactment of this act on its fiscal year 2009 performance for metrics established by DHS, which are: the ability to 

meet the Office of Personnel Management 45-day hiring standard; 

an attrition rate for senior executive personnel 10.5 percent or 

lower; a number of civilian employees serving in the DHS interagency and interdepartmental Rotation Training Program of 530 or 

higher; favorable responses by DHS employees on the Federal 

Human Capital Survey of 51 percent or higher; and a percent of 
17 

civilian employees in designated positions that are qualified as National Security Professionals of 30 percent or higher. 

A general provision is included in the bill prohibiting funds for 

the development, testing, deployment, or operation of any portion 

of a human resources management system authorized by 5 U.S.C. 

9701(a), or by regulations prescribed pursuant to such section, for 

an ‘‘employee’’ as defined in 5 U.S.C. 7103(a)(2). 

OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER

The Committee recommends $98,491,000, an increase of 

$48,064,000 above the fiscal year 2009 level and $26,000,000 below 

the budget request. This amount includes the transfer of 

$10,809,000 and 5 FTE to the Office of Operations Coordination 

and Planning for the Business Continuity Operations and Emergency Preparedness function. Realigning this function will concentrate internal DHS continuity functions into one office. The 

Committee recommends $5,000,000 for continued facilities maintenance and upgrades at the Nebraska Avenue Complex. Due to consistent availability of carryover funds, this amount is $1,000,000 

below the request. The Committee recommends $50,000,000 for the 

DHS Lease Consolidation Project, $25,000,000 below the request. 

These funds will allow the Department to begin consolidating 

leased facilities not moving to the St. Elizabeths campus. Currently 

DHS headquarters are located in over 40 fragmented locations in 

105 lease arrangements. The goal is to consolidate these to fewer 

than 10 leases. However, until a prospectus is submitted and approved by Congress, the full cost and scope of this project is unknown. 

DHS CONSOLIDATED HEADQUARTERS PROJECT

The Committee continues to support the Department’s efforts to 

construct a consolidated headquarters. DHS is spread throughout 

more than 40 locations and 70 buildings across the National Capital Region making communication, coordination, and cooperation 

between DHS components a significant challenge. Between appropriations to the General Services Administration and the Department of Homeland Security, over $1,100,000,000 has been appropriated for this project, including $650,000,000 in the Stimulus Act. 

These funds fully cover requirements for fiscal year 2010. The 

Committee directs the Department to continue periodic briefings on 

the consolidation project. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

Appropriations, 2009 ............................................................................. $55,235,000 

Budget estimate, 2010 ........................................................................... 65,530,000 

Committee recommendation ................................................................. 63,530,000 

The Office of the Chief Financial Officer is responsible for the fiscal management and financial accountability of the Department of 

Homeland Security. The Office of the Chief Financial Officer provides guidance and oversight of the Department’s budget execution 

while ensuring that funds are allocated and expended in accordance with relevant laws and policies. The specific activities funded 

by this account include the Budget Division, Office of Performance 
18 

Analysis and Evaluation, Office of Financial Management, Resource Management Transition Office, and the Office of the Government Accountability Office/Office of Inspector General Liaison. 

COMMITTEE RECOMMENDATION

The Committee recommends $63,530,000 for the Office of the 

Chief Financial Officer [OCFO], an increase of $8,295,000 from the 

fiscal year 2009 level and $2,000,000 below level proposed in the 

budget request. The recommendation includes $1,608,000 to annualize 15 FTE funded in fiscal year 2009; $499,000 for pay adjustments; $1,793,000 for Working Capital Fund increases; and 

$4,395,000 to improve financial accountability. The Committee supports Program Analysis and Evaluation efforts to conduct independent program analyses of selected DHS programs. As the Department builds on this capability, the Committee encourages the 

OCFO to do so with permanent Federal employees to the maximum 

extent practicable. The OCFO shall periodically brief the Committee on outcomes of the selected studies and their impact on resource decisions. 

TRANSFORMATION AND SYSTEMS CONSOLIDATION

The Committee recommendation includes $19,200,000 for the 

OCFO to migrate DHS component financial systems to a shared 

software baseline known as TASC. This effort will consolidate 13 

separate DHS financial management systems, resulting in multiple 

business processes and accounting lines. These separate systems do 

not provide consistent internal controls over financial reporting. 

The Committee expects a full migration plan to be submitted to the 

Committee no later than 60 days after the date of enactment of 

this act. 

ANNUAL APPROPRIATIONS JUSTIFICATIONS

The Committee directs the OCFO to ensure annual appropriations justifications are prepared for each component within the Department in support of the President’s budget, as submitted under 

section 1105(a) of title 31, United States Code. The OCFO is directed to include detailed information by appropriations account, 

program, project, and activity, on all reimbursable agreements, and 

significant uses of the Economy Act for each fiscal year. Additionally, the OCFO shall ensure that the congressional justifications for 

the Department accompanying the President’s fiscal year 2011 

budget request include a status report of overdue Committee reports, plans, and other directives. One standard format needs to be 

adopted by all offices and agencies and inserted in the justifications 

reflecting the status of congressional directives for each of fiscal 

years 2007 through 2010. 

BUDGET EXECUTION AND STAFFING REPORT

The Committee includes bill language requiring the Department 

to continue submitting to the House and Senate Committees on Appropriations a monthly budget execution report showing the status 

of obligations and costs for all components of the Department and 

on-board staffing levels (Federal employees and contractors). The 
19 

report shall include the total obligational authority appropriated 

(new budget authority plus unobligated carryover), undistributed 

obligational authority, amount allotted, current year obligations, 

unobligated authority (the difference between total obligational authority and current year obligations), beginning unexpended obligations, year-to-date costs, and ending unexpended obligations. This 

budget execution information is to be provided at the level of detail 

shown in the tables displayed at the end of this report for each departmental component and the Working Capital Fund. This report 

shall be submitted no later than 45 days after the close of each 

month. 

EXPENDITURE PLANS

The Committee continues requiring expenditure plans for specific 

DHS programs. These plans are intended to provide Congress with 

information to effectively oversee a particular program and hold 

the Department accountable for program results. Expenditure 

plans required by the Committee shall include, at a minimum: a 

description of how the plan satisfies any relevant legislative conditions for the expenditure plan; planned capabilities and benefits; 

cost and schedule commitments; measures of progress against commitments made in previous plans; how the program is being managed to provide reasonable assurance that the promised program 

capabilities, benefits, and cost and schedule commitments will be 

achieved; historical funding for the program if applicable; and an 

obligation and outlay schedule. 

OFFICE OF THE CHIEF INFORMATION OFFICER

Appropriations, 2009 ............................................................................. $272,169,000 

Budget estimate, 2010 ........................................................................... 338,393,000 

Committee recommendation ................................................................. 338,393,000 

The Office of the Chief Information Officer is responsible for 

oversight of information technology [IT] development, oversight of 

IT acquisition, alignment of IT systems and infrastructure to the 

enterprise architecture to support the missions and activities of the 

Department. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $338,393,000, of which $86,912,000 

is for salaries and expenses, and $251,481,000 is to be available 

until expended for Department-wide technology investments overseen by the Office of the Chief Information Officer [CIO]. The recommendation is an increase of $66,224,000 from the fiscal year 

2009 level and the same level as proposed in the budget request. 

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

OFFICE OF THE CHIEF INFORMATION OFFICER 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Salaries and Expenses ............................................................................... 86,928 86,912 86,912 

Information Technology Services ............................................................... 44,945 51,417 51,417 
20 

OFFICE OF THE CHIEF INFORMATION OFFICER—Continued 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Security Activities ...................................................................................... 92,623 152,403 152,403

Homeland Secure Data Network ................................................................ 47,673 47,661 47,661 

Total, Office of the Chief Information Officer ............................. 272,169 338,393 338,393 

SALARIES AND EXPENSES

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

EXPENDITURE PLAN

The Committee has again included bill language requiring an expenditure plan be submitted to the Committees on Appropriations 

within 60 days of enactment of this act. The Committee notes that 

8 months into fiscal year 2009 the expenditure plan for the current 

year has not been submitted. It is difficult to evaluate the operations and projects of the CIO in the absence of any information 

about current-year plans. 

INFORMATION TECHNOLOGY SERVICES

The Committee recommendation includes $51,417,000 for Information Technology Services, as requested in the budget. Consistent 

with the request, $6,700,000 is recommended for communications 

security modernization. The Department must replace 15,000 

pieces of communications security equipment that will be de-certified for continued use as of December 31, 2009. These funds will 

purchase equipment that meets the new certification requirements, 

provide training to employees, and provide for operation and maintenance costs. 

ACQUISITION REVIEW BOARD

Under Acquisition Directive 102–01, the CIO is responsible for 

ensuring that approved IT acquisitions comply with departmental 

IT management processes, technical requirements, and approved 

Enterprise Architecture. As part of this process, the committee expects the CIO to certify that all level 1 IT acquisitions include: a 

risk management process that regularly and proactively identifies, 

evaluates, mitigates, and monitors risks throughout the system life 

cycle and an independent verification and validation process. 

SECURITY ACTIVITIES

The Committee recommendation includes $152,403,000 for Security Activities, as requested in the budget. Consistent with the request, the recommended amount includes: $10,400,000 for network 

security enhancement; $8,400,000 for Internet gateway enhancements; and $4,200,000 to initiate the application integration for the 

single sign-on project. The Committee believes these are all vital 

investments necessary to ensure that a mature infrastructure is in 

place that meets the Departments needs. The Department is di-
21 

rected to continue to provide quarterly briefings to the Committee 

on the progress on implementing OneNet, and to include a scorecard on migration to Networx. 

DATA CENTER DEVELOPMENT

The Committee recommendation includes not less than 

$82,788,000 within Security Activities for data center development, 

as requested in the budget. This includes not less than $38,540,145 

for power capabilities upgrades at Data Center One. According to 

the Secretary’s response submitted following the Senate Appropriations, Subcommittee on Homeland Security hearing on May 13, 

2009, the request includes funding for the following upgrades: 

$12,600,995 for Power Upgrade Phase II—Upgrade Electrical Service, Entrance, Additional Switchgear, Expand Zones E and F to 2.8 

Megavolt Amperes; $14,439,150 for Power Upgrade Phase III— 

Electrical upgrade, 5th UPS/zone, 2 Additional Generators; 

$11,500,000 for Power Upgrade Phase IV—Tier III Mechanical, 2 

Additional Chillers, 4 Additional Generators. 

The Committee strongly supports the effort included in the request to move forward with data center consolidation. Consolidating services into two data centers will enable DHS to effectively 

monitor all IT systems for compliance while reducing the risk of 

vulnerabilities in information systems in a cost-effective and sustainable manner. As DHS pursues this effort, it is essential to simultaneously fill both centers, so that disaster recovery may be 

properly addressed. Disaster recovery shortfalls have been cited in 

two consecutive DHS Inspector General [IG] reports. As noted in 

the April 2009 report ‘‘DHS’s Progress in Disaster Recovery Planning for Information Systems’’, DHS addressed the recommendations from the 2005 IG report by allocating the funds needed to implement an enterprise-wide disaster recovery program for mission 

critical systems. ‘‘Specifically, DHS has allocated funding and established two data centers as part of its strategy to mitigate disaster recovery deficiencies.’’ In order to provide DHS with the necessary resources to continue rectifying these deficiencies, the Committee has included resources in the appropriate component accounts. 

Consistent with section 888 of Public Law 107–296, the Committee instructs the Department to implement the consolidation 

plan in a manner that shall not result in a reduction to the Coast 

Guard’s Operations Systems Center mission or its Government-employed or contract staff levels. A general provision is included for 

this purpose. 

HOMELAND SECURE DATA NETWORK

Included in the amount recommended by the Committee is 

$47,661,000, as requested in the budget, for the Homeland Secure 

Data Network. 

FEDERAL INFORMATION SECURITY MANAGEMENT ACT

The Committee continues to be concerned with departmental 

compliance with the Federal Information Security Management 

Act. The most recent scorecard provided to the Committee shows 
22 

an overall B∂ for the Department. While the Committee compliments the Department on this score, the following components 

all received F’s: U.S. Customs and Border Protection, Domestic Nuclear Detection Office, Intelligence and Analysis, Office of Inspector 

General, Operations and Coordination, and Science and Technology. The CIO, accompanied by the appropriated component CIO, 

shall brief the Committee no later than 60 days after the date of 

enactment of this act on the Department’s plan to improve these 

scores, including necessary resources. 

ANALYSIS AND OPERATIONS

Appropriations, 2009 ............................................................................. $327,373,000 

Budget estimate, 2010 ........................................................................... 357,345,000 

Committee recommendation ................................................................. 347,845,000 

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

COMMITTEE RECOMMENDATION

The Committee recommends $347,845,000 for Analysis and Operations. This is an increase of $20,472,000 from the fiscal year 2009 

level and a decrease of $9,500,000 from the budget request. The details of these recommendations are included in a classified annex 

accompanying this report. 

DHS INTELLIGENCE EXPENDITURE PLAN

The Secretary has failed to submit an expenditure plan for fiscal 

year 2009 mandated in the joint explanatory statement accompanying Public Law 110–329. This plan is an essential document 

to help the Committee assess whether the I&A is fulfilling its mission. The delay in submitting this plan as well as the required 

State and Local Fusion Center quarterly reports is unacceptable. 

This matter is addressed in the classified annex accompanying this 

act. The Committee requires the Secretary to submit an expenditure plan for fiscal year 2010 no later than February 5, 2010. 

The plan shall include the following: (1) fiscal year 2010 expenditures and staffing allotted for each program as compared to each 

of years 2008 and 2009; (2) all funded versus on-board positions, 

including FTE, contractors, and reimbursable and non-reimbursable detailees; (3) an explanation for maintaining contract staff in 

lieu of Government FTE; (4) a plan, including dates or timeframes 

for achieving key milestones, to reduce the office’s reliance on contract staff in lieu of Federal FTE; (5) funding, by object classification, including a comparison to fiscal years 2008 and 2009; and (6) 

the number of I&A funded employees supporting organizations outside I&A and within DHS. 

STATE AND LOCAL FUSION CENTERS

The Committee directs the Department’s Chief Intelligence Officer to continue quarterly updates to the Committees on Appropriations that detail progress in placing DHS intelligence professionals 

in State and local fusion centers. These reports shall include: the 
23 

qualification criteria used by DHS to decide where and how to 

place DHS intelligence analysts and related technology; total Federal expenditures to support each center to date and during the 

most recent quarter of the current fiscal year, in the same categorization as materials submitted to the Committees on Appropriations on March 23, 2007; the location of each fusion center, including identification of those with DHS personnel, both operational and planned; the schedule for operational stand-up of 

planned fusion centers and their locations; the number of DHSfunded employees located at each fusion center, including details 

on whether the employees are contract or Government staff; the 

privacy protection policies of each center, including the number of 

facility personnel trained in Federal privacy, civil rights, and civil 

liberties laws and standards; and the number of local law enforcement agents at each center approved or pending approval to receive 

and review classified intelligence information. 

OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST

REBUILDING

Appropriations, 2009 ............................................................................. $1,900,000 

Budget estimate, 2010 ........................................................................... 2,000,000 

Committee Recommendation ................................................................ 2,000,000 

The Office of the Federal Coordinator for Gulf Coast Rebuilding 

was established to further strengthen Federal support for the recovery and rebuilding of the gulf coast region affected by Hurricane 

Katrina and Hurricane Rita. 

COMMITTEE RECOMMENDATION

The Committee recommends $2,000,000 for the Office of the Federal Coordinator for Gulf Coast Rebuilding the same as the budget 

request level and $100,000 above the fiscal year 2009 level. The Office is directed to remain open until at least the end of fiscal year 

2009. The Office is directed to provide a fiscal year 2010 expenditure plan no later than November 30, 2009. The expenditure plan 

should clearly articulate how the Office will proactively help the 

gulf coast, including supporting Federal agency cooperation, and 

promoting expedited housing solutions. 

The Committee encourages the Office of the Federal Coordinator 

for Gulf Coast Rebuilding to consolidate Federal data on Gulf Coast 

recovery funding and measure impacts on key recovery indicators 

including repopulation, economic and job growth, reestablishment 

of local and State tax revenues, restoration of housing stock, and 

availability of critical services including health care, education, 

criminal justice, and fire protection. 

OFFICE OF INSPECTOR GENERAL

Appropriations, 2009 1 ........................................................................... $98,513,000 

Budget estimate, 2010 ........................................................................... 127,874,000 

Committee recommendation 2 ............................................................... 115,874,000 

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

2 Excludes $16,000,000 made available from FEMA Disaster Relief. 

This account finances the Office of Inspector General’s activities, 

including audits, inspections, investigations and other reviews of 
24 

programs and operations of the Department of Homeland Security 

to promote economy, efficiency, and effectiveness and to prevent 

and detect fraud, waste, and abuse. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $115,874,000 for the Office of Inspector General [OIG] for fiscal year 2010, $17,361,000 above the 

fiscal year 2009 level. In addition, the Committee includes bill language transferring $16,000,000 needed by the OIG for audits and 

investigations related to natural disasters from the Disaster Relief 

Fund [DRF]. The OIG is required to notify the Committee no less 

than 15 days prior to all transfers from the DRF. When combined, 

the recommendation exceeds the request by $4,000,000. Included in 

the funding are resources for U.S. Customs and Border Protection 

[CBP] revenue oversight. 

The Committee is pleased that the Secretary, pursuant to Public 

Law 110–161, established a direct link to the DHS OIG on the 

DHS website. The Committee directs the Secretary to update and 

maintain the website. 

INTEGRITY OVERSIGHT

Since fiscal year 2006, at Congress’ initiative, U.S. Immigration 

and Customs Enforcement [ICE] has increased staffing 17 percent 

and CBP has increased staffing 33 percent. This is an increase of 

over 20,000 new agents. The Committee is concerned due to the 

rapid hiring in CBP and ICE that there is the potential for increased corruption. To avoid corruption and misconduct it is imperative that all agents, especially new hires, receive comprehensive 

training in ethics and public integrity. The OIG provides ethics 

training to all agencies and is in charge of investigating all allegations of criminal misconduct throughout the Department. It is essential that the OIG, CBP, and ICE work jointly and cooperatively 

to combat corruption. In order to prevent corruption and misconduct, the Committee provides the OIG with the necessary funding for investigations. 
(25) 

TITLE II 

SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

U.S. CUSTOMS AND BORDER PROTECTION

SUMMARY

U.S. Customs and Border Protection is responsible for enforcing 

laws regarding admission of foreign-born persons into the United 

States, and ensuring that all goods and persons entering and 

exiting the United States do so legally. 

COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $11,601,990,000, 

including direct appropriations of $10,169,990,000 and estimated 

fee collections of $1,432,000,000. 

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

U.S. CUSTOMS AND BORDER PROTECTION—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2009 

enacted 1

Fiscal year 2010 

budget request 

Committee 

recommendations 

Appropriations: 

Salaries and Expenses 2 ....................................................... 7,763,206 7,623,068 8,075,649 

Automation Modernization .................................................... 511,334 462,445 462,445 

Border Security Fencing Infrastructure, and Technology 

[BSFIT] 3 ............................................................................ 875,000 779,452 800,000 

Air and Marine Interdiction, Operations, Maintenance, and 

Procurement ...................................................................... 528,000 505,826 515,826 

Construction and Facilities Management 4 .......................... 823,201 678,633 316,070 

Total, Appropriations ........................................................ 10,500,741 10,049,424 10,169,990 

Estimated fee collections: 

Immigration inspection user fees ......................................... 570,059 584,000 584,000 

Immigration enforcement fines ............................................ 3,331 5,000 5,000 

Land border inspection fees ................................................. 26,880 30,000 30,000 

COBRA fees ........................................................................... 410,666 393,000 393,000 

APHIS inspection fees ........................................................... 333,433 320,000 320,000 

Puerto Rico Trust Fund ......................................................... 96,719 92,000 92,000 

Small airport user fee .......................................................... 7,057 8,000 8,000 

Total, Estimated fee collections ....................................... 1,448,145 1,432,000 1,432,000 

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

Funding ........................................................................ 11,948,886 11,481,424 11,601,990 

1 Includes $680,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5). 

2 Includes $160,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) for tactical communications and non-intrusive inspection equipment. 3 Includes $100,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) for border security tech- nology. 4 Includes $420,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) for construction at ports of entry. 
26 

SALARIES AND EXPENSES

Appropriations, 2009 1 ........................................................................... $7,763,206,000 

Budget estimate, 2010 ........................................................................... 7,623,068,000 

Committee recommendation ................................................................. 8,075,649,000 

1 Includes $160,000,000 provided in the American Recovery and Reinvestment Act of 2009 

(Public Law 111–5). 

The U.S. Customs and Border Protection [CBP] Salaries and Expenses appropriation provides funds for border security, immigration, customs, agricultural inspections, regulating and facilitating 

international trade, collecting import duties, and enforcing U.S. 

trade laws. In addition to directly appropriated resources, fee collections are available for the operations of CBP from the following 

sources: 

Immigration Inspection User Fees.—CBP collects user fees to 

fund the costs of international inspections activities at airports and 

seaports, as authorized by the Immigration and Nationality Act (8 

U.S.C. 1356). 

Enforcement Fines.—CBP collects fines from owners of transportation lines and persons for unauthorized landing of aliens, as authorized by the Immigration and Nationality Act (8 U.S.C. 1356). 

Land Border Inspections Fees.—CBP collects fees for processing 

applications for the Dedicated Commuter Lanes program, the Automated Permit Ports program, the Canadian Border Boat Landing 

program, and both Canadian and Mexican Non-Resident Alien Border Crossing Cards, as authorized by the Immigration and Nationality Act (8 U.S.C. 1356). 

Consolidated Omnibus Budget Reconciliation Act [COBRA] 

Fees.—CBP collects fees for inspection services involving customs 

related functions. The COBRA user fee statutory authority (19 

U.S.C. 58c) specifies the types of expenses to be reimbursed and 

the order for the reimbursement of these types of expenses. 

Animal and Plant Health Inspection Service Inspection Fees.— 

CBP receives as a transfer a distribution of agriculture inspection 

fees collected by the United States Department of Agriculture. The 

user fees, as authorized by the Food, Agriculture, Conservation, 

and Trade Act of 1990 (21 U.S.C. 136), are charged to offset costs 

for the services related to the importation, entry, or exportation of 

animals and animal products. 

Puerto Rico Trust Fund.—Customs duties, taxes, and fees collected in Puerto Rico by CBP are deposited in the Puerto Rico 

Trust Fund. After providing for the expenses of administering CBP 

activities in Puerto Rico, the remaining amounts are transferred to 

the Treasurer of Puerto Rico pursuant to 48 U.S.C. sections 740 

and 795. 

Small Airport User Fee.—The User Fee Airports Program authorized under 19 U.S.C. 58b and administered under 19 U.S.C. 

58c(b)(9)(A)(i), authorizes inspection services to be provided to participating small airports on a fully reimbursable basis. The fees 

charged under this program are set forth in a memorandum of 

agreement between the small airport facility and the agency, and 

may be adjusted annually as costs and requirements change. 
27 

COMMITTEE RECOMMENDATIONS

The Committee recommends $8,075,649,000 for salaries and expenses of U.S. Customs and Border Protection [CBP] for fiscal year 

2010, including $3,226,000 from the Harbor Maintenance Trust 

Fund. Included in this amount is a decrease of $432,959,000 in termination of one-time costs, and an increase of $412,246,000 in 

annualizations of prior year funding, the fiscal year 2009 pay raise, 

and the fiscal year 2010 pay raise. The Committee includes bill language making available up to $150,000 for payment for rental 

space for preclearance operations; and $1,000,000 for payments to 

informants. The Committee also includes bill language placing a 

$35,000 annual limit on overtime paid to any employee, and making $1,700,000 available until expended for the Global Advanced 

Passenger Information/Passenger Name Record program. 

COMBATING SOUTHBOUND SMUGGLING

Seizure data over the past 2 fiscal years demonstrate an increasing threat for weapons and currency smuggling outbound to Mexico. In fiscal year 2007, CBP initiated 353 southwest seizures totaling $13,700,000 in currency and 316 weapons. In fiscal year 2008, 

there were 450 outbound currency seizures totaling $12,500,000 

and 257 weapons seizures. The President’s budget request included 

a total of $45,834,000 and 254 positions for new border security 

personnel and technology to further address this threat. This is an 

increase of $26,132,000 and 125 positions over last year’s level and 

includes 65 new CBP officers, 44 Border Patrol agents, and 16 support staff. It also expands CBP’s license plate reader program to 58 

outbound lanes on the Southwest border, to begin providing readers to all 110 outbound traffic lanes on the Southwest border. 

The Committee is pleased the budget proposes to expand CBP 

southbound border enforcement efforts to combat the smuggling of 

firearms and currency to Mexico, which in turn fuels the drug cartel violence and the pressure to increase smuggling of illegal drugs 

and aliens into this country. The Committee recommends 

$40,000,000, $13,868,000 above the amount requested in the budget, for this activity. The increase above the request will provide 

CBP with an additional 114 CBP positions to provide CBP with 

greater flexibility to expand southbound operations. The Committee 

also recommends an additional $40,000,000 to competitively procure additional non-intrusive inspection equipment. Of these funds, 

$20,000,000 shall be for equipment to be used by the Border Patrol 

in support of checkpoint operations and $20,000,000 shall be for 

equipment to be used by the Office of Field Operations at locations 

along the Southwest border. Prior to the obligation of these additional funds, the Committee directs the Secretary to submit an expenditure plan to the Committees on Appropriations not later than 

60 days after the date of enactment. 

The Committee is pleased with the greatly enhanced working relationship that has been developed with the Government of Mexico 

and its border and customs law enforcement agencies as our two 

countries jointly battle the scourge of drug-related violence. The 

Committee encourages CBP and the other DHS components to explore and implement ways to expand on this relationship. 
28 

BORDER PATROL AGENTS

Since Congress began increasing the size of the Border Patrol by 

funding the hiring of 500 new agents in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Tsunami Relief, 2005 (Public Law 109–13), a total of 9,200 new 

Border Patrol agents, and attendant support positions, will have 

been funded and hired through the end of fiscal year 2009. The 

Congress strongly supports the Border Patrol mission of securing 

our borders and fully funds the fiscal year 2010 request. 

Included in the amount recommended by the Committee for ‘‘Border Security and Control’’ is a total of $3,525,008,000, 22,800 positions, and 22,774 FTE, $20,000,000 above the request. The amount 

above the request is for non-intrusive inspection equipment for use 

by the Border Patrol in doing southbound enforcement discussed 

earlier in this section. This is an increase of $98,553,000 over the 

fiscal year 2009 level. These funds provide the full funding necessary for 20,063 Border Patrol agents and the attendant support 

positions, as compared with 12,349 agents on board at the beginning of fiscal year 2007. 

BORDER PATROL AGENTS ON THE NORTHERN BORDER

As of April 25, 2009, there were 1,525 Border Patrol agents assigned to the Northern border. The Chief of the Border Patrol, 

working with the Northern border sector chiefs, has developed a 

staffing plan to increase the agents on the Northern border by the 

end of fiscal year 2010 to 2,212 Border Patrol agents. The Committee has been assured that this increase is attainable and will 

represent a 700 percent increase in manpower from pre-2001 staffing levels. The Border Patrol will continue to use the Border Patrol 

Agent Intern Program, fully funded relocations, the Voluntary Relocation Program, and the reinstatement of prior agents to meet 

this goal. 

The Committee is aware of the continued difficulty the Border 

Patrol is experiencing in recruiting agents to transfer to the Northern border. Agents have experienced difficulties selling houses on 

the Southern border and, in certain more remote Northern locations, there is a lack of infrastructure to support agents with young 

families. The Committee directs CBP and the Office of the Border 

Patrol to develop a strategy to address these issues and brief the 

Committee on its findings and requirements no later than 60 days 

after the date of enactment of this act. 

MISSION SUPPORT PERSONNEL

Operation Jump Start was a 2-year effort which involved the deployment of 6,000 National Guardsmen and women on the Southwest border to perform Border Patrol support activities while additional Border Patrol agents were hired. This permitted more Border Patrol agents to actually patrol the border. As discussed above, 

while the agent hiring targets will be met this year, CBP failed to 

aggressively hire mission support personnel during the same timeframe. Jump Start ended July 15, 2008, and with the loss of the 

National Guard’s support, many agents have reverted to performing mission support activities. Congress has provided the re-
29 

sources to hire mission support personnel and the Committee directs CBP in the strongest terms possible to hire these individuals 

so that the Border Patrol agents can return to their proper role of 

securing the border. 

CONDUCT AND INTEGRITY OVERSIGHT

Over the last 4 years, CBP has hired over 14,000 new personnel, 

a 33 percent increase since fiscal year 2006. The Committee notes 

that CBP conducted a total of 606 internal affairs investigations in 

fiscal year 2007. That number jumped to 992 investigations the following fiscal year. To date this fiscal year, CBP has conducted 682 

investigations. With a workforce of over 56,000 employees, of whom 

40,000 are sworn law enforcement agents, 720 current and former 

employees have been arrested for criminal misconduct since October 1, 2006. Of these, 46 individuals have been arrested for mission 

critical corruption charges. In order to support long-term border security efforts and prevent internal fraud, the Committee believes it 

is important to keep in front of any possible increase in workforce 

fraud by hiring additional agents who will investigate cases of 

fraud and other illegal activities and to improve training. The Committee recommends a total of $20,742,000 and 76 FTE to train officers and agents and expand integrity investigations. This is an increase of $1,561,000, and 2 FTE over the fiscal year 2009 level, and 

$500,000 and 2 FTE over the request. With these additional funds, 

a total of 93 CBP personnel will be on-board and involved in conduct and integrity oversight by the end of fiscal year 2010. 

AGRICULTURE SPECIALISTS

The Committee notes that more than 1,800 agricultural specialists have joined CBP since fiscal year 2005. Also, more than 9,600 

CBP officers have received basic agriculture training as part of 

CBP Integrated Training at the CBP Academy since fiscal year 

2004. This training ensures that all CBP officers will be able to 

identify a potential agricultural or other anomaly and then refer it 

for secondary inspection. Additionally, follow-up training is provided in the field. The Committee notes the significant contribution 

made by these specialists to the safety of the Nation’s food and agriculture systems and encourages the Department to provide the 

highest standards of training in detecting possible threats to the 

Nation’s food supply for all CBP officers. 

IMPORT SAFETY AND TRADE ENFORCEMENT

The Committee notes that an Action Plan on Import Safety developed in support of Executive Order 13439 calls for an increase 

in staffing levels to carry out commercial operations and adequately staff priority trade areas. The Committee includes 

$9,340,000 and 103 positions, as requested by the President. 

LAW ENFORCEMENT OFFICER RETIREMENT

The Committee recommends $225,000,000, as requested, to fully 

fund the law enforcement officer retirement program for CBP officers enacted into law in section 535 of Public Law 110–161. 
30 

AIR AND MARINE STAFFING

Included in the amount recommended by the Committee is a 

total of $309,629,000, 2,015 positions, and 1,943 FTE. This represents an increase of $19,115,000, 144 positions, and 72 FTE, 

above the fiscal year 2009 level, as requested in the budget. This 

includes 88 additional law enforcement and 56 support personnel 

at our Northern, coastal, and Southeast/Caribbean borders and 

builds on the Congress’s multi-year effort to add resources to protect our land and marine borders. 

WESTERN HEMISPHERE TRAVEL INITIATIVE

The Western Hemisphere Travel Initiative [WHTI] became fully 

operational on June 1, 2009. In order to ensure that progress continues to be made on this program, the Committee recommends a 

total of $144,936,000 and 294 positions, as requested in the budget. 

This is an increase above the fiscal year 2009 level of $20,900,000, 

89 positions, and 45 FTE. The Committee directs the Office of Policy to provide semiannual briefings on the status of WHTI implementation beginning no later than 30 days after the date of enactment of this act. 

SECURITY AND TARGETING SYSTEM ENHANCEMENTS

The Committee notes the President’s budget proposed increases 

to enhance various CBP security and targeting systems. The Committee includes $8,000,000, as requested, for cyber security and 

passenger information system upgrades, and a total of $26,355,000 

and 153 positions, as requested, for personnel to analyze and employ information and intelligence. This is an increase of $2,848,000 

and 22 positions over the fiscal year 2009 level for the last activity. 

DATA CENTER MIGRATION

As part of the Department-wide effort to assign data center migration funding to the component agencies which will be migrating, 

the Committee provides $33,650,000, in new funding to support 

CBP’s portion of this activity in fiscal year 2010, $5,000,000 less 

than the request. The funds are reduced as not all of the proposed 

activities would be accomplished in fiscal year 2010. 

UNACCOMPANIED ALIEN CHILDREN

The Committee notes the request includes no additional funding 

for CBP’s role in caring for and transporting unaccompanied alien 

children [UACs] to Office of Refugee Resettlement custody upon 

their apprehension by CBP officers or agents. The conference report accompanying the ‘‘Supplemental Appropriations Act, 2009’’ 

included $6,200,000 for CBP for this purpose based upon estimated 

increased UAC requirements resulting from the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 

(Public Law 110–457). While the Committee provides no additional 

funding for this activity for fiscal year 2010, the Committee directs 

CBP to report not later than March 31, 2010, on the actual fiscal 

year 2009, and estimated fiscal year 2010, costs of care and transportation of UACs. 
31 

TECHNOLOGY OVERSIGHT

The Committee recommends an additional $950,000, 9 positions, 

and 5 FTE above the request for the Office of Information Technology for additional program oversight personnel for large information technology development programs. Without adequate oversight during the early phases of complex development programs, 

the Committee is concerned that programs can easily go off course, 

cost more, and take years longer than originally planned. The 

Automated Commercial Environment [ACE] development program 

is a prime example. With the additional resources provided, it is 

expected that CBP will devote three program control positions to 

oversight of ACE, three program control positions to TECS Modernization, and the remaining three positions to the Secure Border 

Initiative and Tactical Communications. 

INTELLECTUAL PROPERTY RIGHTS

The Committee believes a greater focus needs to be brought to 

intellectual property rights [IPR] enforcement. CBP is directed to 

submit by December 15, 2009, a 5-year enforcement strategy to reduce IPR violations. The strategy shall include: a timeline for developing improved targeting models specifically for IPR, a timeline 

for implementing expanded training for all enforcement personnel, 

recommendations for strengthening penalties, a plan for creating 

an IPR component as a part of the Importer Self Assessment program, and a timeline for expanding post audit review for IPR. 

CBP’s on-line recordation process allows rights owners to electronically record their trademarks and copyrights with CBP, and 

makes IPR recordation information readily available to CBP personnel, facilitating IPR seizures by CBP. CBP uses this recordation 

information to actively monitor shipments and prevent the importation or exportation of infringing goods. CBP allows rights owners 

who have registered trademarks with the Office of Patent and 

Trademark [PTO] and copyrights with the Office of Copyright [CO] 

to record their rights with CBP. 

While CBP enforces both recorded and non-recorded trademarks 

and copyrights, enforcement of recorded trademarks and copyrights 

takes precedence over those that are not recorded with CBP. Given 

the precedence that CBP places on recorded trademarks and copyrights, it is disturbing that CBP has accomplished so little in establishing electronic links between the systems maintained by the 

PTO and the CO to ease the recordation process for trademark and 

copyright holders. Therefore, from within the ‘‘Salaries and Expenses’’ account request for the Office of Information Technology, 

$3,000,000 is for developing and implementing an opt-in or voluntary automated link between the Intellectual Property Rights eRecordation online system and systems maintained by PTO and 

CO to allow rights holders to elect to record their rights with CBP. 

Further, CBP is directed to submit to the Committees 90 days after 

the date of enactment of this act, a schedule with major milestones 

for the project. 
32 

COMPLIANCE REVIEWS

CBP is directed to submit by December 15, 2009, a report on 

compliance reviews conducted on bonded warehouses and foreign 

trade zones. The report should include: the frequency of reviews, 

percentage of warehouses and trade zones reviewed each year, 

types of reviews conducted, and the frequency of adverse actions. 

CONTROL OF INVASIVE PLANT SPECIES

CBP shall provide semi-annual briefings to the Committee on the 

progress made in implementing the strategy contained in the Plan 

to Control Invasive Plant Species Along the Rio Grande (June 2, 

2009), until the completion of the strategy. 

ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION

The Committee is concerned that the President’s request does 

not reference the need to continue to expand the Electronic System 

for Travel Authorization [ESTA] program in order to ensure that 

the airlines are fully participating in the program. ESTA, authorized by the 9/11 Act, was developed in order to address a weakness 

in our immigration control system that could be exploited by terrorists: the fact that individuals from Visa Waiver Program [VWP] nations are not screened until they arrive at U.S. airports. However, 

because the airlines are currently not participating in the program, 

CBP has no way to ensure that individuals boarding airplanes from 

Visa Waiver nations have been authorized to travel using the 

ESTA system. 

The Committee directs DHS to submit a strategic plan within 90 

days of enactment to the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the 

Committee on the Judiciary for fully implementing the ESTA system to ensure that all individuals traveling to the United States 

from Visa Waiver nations have their travel authorization verified 

prior to boarding an airplane. The strategic plan will include a detailed timeline with the specific actions that will be taken to 

achieve the following milestones: 

—Enrolling all travelers from VWP nations into the program; 

—Incorporating the airlines into the ESTA program; 

—Deploying ESTA technology to all VWP originating airports, either through the use of standalone kiosks or through the participation of the airlines; 

—Verifying the travel authorizations of all VWP travelers prior 

to their boarding an airplane for the United States; and 

—Making the program entirely fee-funded. 

The ESTA strategic plan should also include an analysis of the 

ESTA communications strategy and should make recommendations 

for how this strategy can be improved to ensure that all travelers 

in VWP nations are aware of the ESTA requirements. This plan 

should also review ESTA’s administrative placement within DHS, 

its relationship with the VWP office and US-VISIT, and make specific recommendations about how these relationships could be improved and whether merging the office with one of these components could generate efficiencies. 
33 

FACILITIES MANAGEMENT

The Committee does not include the proposed consolidation of facilities management in a separate account as requested in the 

budget. In order to allow CBP more flexibility to address rent management, all funds for rent are consolidated within the ‘‘Headquarters Management and Administration at the Ports of Entry’’, 

and ‘‘Headquarters Management and Administration between the 

Ports of Entry’’ PPAs. Further, all funds for lease acquisition are 

consolidated within the ‘‘Construction and Facilities Management’’ 

account. 

Over time, the PPA structure for CBP, ‘‘Salaries and Expenses’’ 

has not always met the needs of the Congress for detailed oversight. CBP is directed to submit a report with the fiscal year 2011 

President’s budget on a new PPA structure and a detailed office by 

office expenditure plan. Taken together these should provide greater detail on the funding of CBP. 

The Committee recognizes that passenger vehicle and commercial traffic at the Santa Teresa port of entry have significantly increased, and encourages CBP to extend commercial hours of operation at the port to midnight Monday through Friday and to increase passenger vehicle hours of operations to 24/7 daily. 

VEHICLE REPLACEMENT

The Committee is disappointed that the President’s budget request falls more than $59,000,000 and 1,210 vehicles short of meeting the 20 percent vehicle replacement requirement called for in 

CBP’s April 30, 2007, Vehicle Fleet Management Plan. That plan 

recognized that CBP needs to institute a 5-year fleet replacement 

cycle. Given the rugged terrain and extreme conditions in which 

many CBP officers and agents work, this is a safety as well as a 

management issue. The Committee directs the Department to include in the fiscal year 2011 budget submission sufficient funds as 

well as a plan to replace, at a minimum, 20 percent of the vehicle 

fleet on an annual basis. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY (INCLUDING 10-PRINT)

The Committee is a strong supporter of the United States Visitor 

and Immigrant Status Indicator Technology [US-VISIT] program 

and recognizes the benefits it has brought to CBP’s ability to inspect international visitors at the Nation’s ports of entry while improving national security at the same time. Since fiscal year 2003, 

US-VISIT has provided funding to CBP for information technology 

operations and maintenance. Beginning in fiscal year 2009, CBP 

has requested funding for operations and maintenance of US-VISIT 

within its budget. Consistent with the budget, this increase to CBP 

will provide functionality critical to both US-VISIT and CBP in securing entry to the United States at the ports of entry and providing entry and exit information regarding aliens. The Committee 

recommends $64,100,000, as requested in the budget, for this activity. 
34 

ADVANCED TRAINING CENTER

Included in the amount recommended by the Committee is 

$30,300,000, as proposed in the budget, to operate, equip, and provide training at the Advanced Training Center. 

Pursuant to Public Law 106–246, the training to be conducted at 

the Center shall be configured in a manner so as to not duplicate 

or displace any Federal law enforcement program of the Federal 

Law Enforcement Training Center [FLETC]. Training currently 

being conducted at a FLETC facility shall not be moved to the Center. 

ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT

The Committee has ensured that, within the amounts provided 

for in this account, there will be sufficient funds to administer the 

on-going requirements of section 754 of the Tariff Act of 1930 (19 

U.S.C. 1675c), referenced in subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154). 

The Committee directs CBP to continue to work with the Departments of Commerce and Treasury, and the Office of the United 

States Trade Representative (and all other relevant agencies) to increase collections, and provide a public report on an annual basis, 

within 30 days of each year’s distributions under the law. The report should summarize CBP’s efforts to collect past due amounts 

and increase current collections, particularly with respect to cases 

involving unfairly traded U.S. imports from China. The report shall 

provide the amount of uncollected duties for each antidumping and 

countervailing duty order, and indicate the amount of open, unpaid 

bills for each such order. In that report, the Secretary, in consultation with other relevant agencies, including the Secretaries of 

Treasury and Commerce, should also advise as to whether CBP can 

adjust its bonding requirements to further protect revenue without 

violating U.S. law or international obligations, and without imposing unreasonable costs upon importers. 

The Committee further directs the Secretary to work with the 

Secretary of Commerce to identify opportunities for the Commerce 

Department to improve the timeliness, accuracy, and clarity of liquidation instructions sent to CBP. Increased attention and interagency coordination in these areas could help ensure that steps in 

the collection of duties are completed in a more expeditious manner. 

AGRICULTURAL PESTS

The Committee notes Hawaii’s globally significant natural environment, as well as the State’s important diversified agricultural 

industry, are uniquely vulnerable to the introduction of invasive 

weeds, animals, insects, and diseases. The Committee expects the 

Department to work with the USDA and the Hawaii Department 

of Agriculture to share information and expertise to ensure their 

respective inspection and quarantine activities provide coordinated 

and collaborative biosecurity protection for the State. 
35 

OUTER CONTINENTAL SHELF

CBP is charged with enforcement of the U.S. cabotage laws. By 

virtue of the Outer Continental Shelf Lands Act [OCSLA] (as 

amended through Public Law 106–580, December 29, 2000), the 

coastwise laws apply to marine transportation between points and 

places in the United States, including on the Outer Continental 

Shelf [OCS]. There will continue to be significant advances in current offshore energy exploration and production technology aimed 

at providing more efficient production in areas where OCS development occurs, while at the same time, changing the face of what offshore production once looked like. It is thus important that CBP 

interpret and apply OCLSA correctly. 

The prospect of renewable energy development on the OCS continues to show promise as a means of meeting our Nation’s energy 

demand. Some of this development will probably occur on the seabed. It is imperative that CBP ensures that the benefits granted 

to the U.S. maritime industry under laws established by Congress 

are recognized and enforced with respect to any maritime transportation to and from the United States to such installations. 

COMMITTEE RECOMMENDATIONS

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

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

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Salaries and Expenses: 

Headquarters Management and Administration: 

Management and administration, border security inspections 

and trade facilitation .......................................................... 646,608 522,825 695,294 

Management and administration, border security and control 

between port of entry .......................................................... 622,550 497,675 723,919 

Emergency Appropriations (Public Law 111–5) ...................... 60,000 ........................ ........................

Subtotal, Headquarters Management and Administration 1,329,158 1,020,500 1,419,213 

Border security inspections and trade facilitation at ports of 

entry: 

Inspections, trade and travel facilitation at ports of entry ... 2,093,988 2,255,210 2,269,078 

Harbor maintenance fee collections (trust fund) .................... 3,154 3,226 3,226 

International Cargo Screening ................................................. 149,450 165,421 165,421 

Other international programs .................................................. 10,984 11,181 11,181 

Customs Trade Partnership Against Terrorism ....................... 64,496 62,612 62,612 

Trusted Traveler Program (formerly Free and Secure Trade 

[FAST]/NEXUS/SENTRI) ......................................................... 11,274 11,274 11,274 

Inspection and detection technology investments .................. 145,944 143,563 163,563 

Emergency Appropriations (Public Law 111–5) ...................... 100,000 ........................ ........................

Systems for targeting .............................................................. 32,550 32,560 32,560 

National Targeting Center ....................................................... 24,481 26,355 26,355 

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

Subtotal, border security inspections and trade facilitation at ports of entry ...................................................... 2,721,099 2,736,180 2,770,048 

Border security and control between ports of entry: 

Border security and control .............................................................. 3,426,455 3,505,008 3,525,008 
36 

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

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Training ............................................................................................. 74,815 51,751 51,751 

Subtotal, border security and control between ports of entry .... 3,501,270 3,556,759 3,576,759 

Air and Marine operations, personnel compensation and benefits .......... 271,679 309,629 309,629 

Total, Salaries and Expenses ....................................................... 7,763,206 7,623,068 8,075,649 

Appropriations .............................................................................. 7,603,206 7,623,068 8,075,649 

Emergency Appropriations (Public Law 111–5) ........................... 160,000 ........................ ........................

AUTOMATION MODERNIZATION

Appropriations, 2009 ............................................................................. $511,344,000 

Budget estimate, 2010 ........................................................................... 462,445,000 

Committee recommendation ................................................................. 462,445,000 

The automation modernization account includes funds for major 

information technology systems and services for U.S. Customs and 

Border Protection [CBP], including the Automated Commercial Environment [ACE] and the International Trade and Data System 

projects, and connectivity of and integration of existing systems. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $462,445,000, to be available until 

expended, as proposed in the budget, for automation modernization. The Committee is disappointed the request reduced the resources available to ACE from the fiscal year 2009 level. However, 

in light of the continued problems with program oversight, management, and development, the Committee agrees the reduction is appropriate and believes that CBP should take this opportunity to address and resolves these problems. 

INTERNATIONAL TRADE DATA SYSTEM

Included in the amount recommended is $16,000,000 for the 

International Trade Data System. 

EXPENDITURE PLAN

The Committee is pleased with the level of detail and discipline 

which has been displayed in recent ACE expenditure plans. The 

Committee includes bill language making not less than 

$167,960,000 available for development of ACE upon the submission of a comprehensive expenditure plan for the program. The 

Committee also expects to continue receiving the ACE quarterly reports. 

TECS MODERNIZATION

The Committee is pleased that the TECS (formerly the Traveler 

Enforcement and Compliance System) modernization program, conducted jointly with ICE, is proceeding effectively. The Committee 

directs CBP and ICE to continue to conduct the semiannual joint 

briefings for the Committee. 
37 

COMMITTEE RECOMMENDATION

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

AUTOMATION MODERNIZATION 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Automated Commercial Environment/International Trade Data 

System [ITDS] ............................................................................ 316,851 267,960 267,960 

Automated commercial system and current operations and processing support ........................................................................... 194,483 194,485 194,485 

Total, Automation modernization ..................................... 511,334 462,445 462,445 

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

Appropriations, 2009 1 ........................................................................... $875,000,000 

Budget estimate, 2010 ........................................................................... 779,452,000 

Committee recommendation ................................................................. 800,000,000 

1 Includes $100,000,000 provided in the American Recovery and Reinvestment Act of 2009 

(Public Law 111–5). 

The Border Security, Fencing, Infrastructure, and Technology account funds the capital procurement and total operations and 

maintenance costs associated with fencing, infrastructure, sensors, 

surveillance, and other technology. 

COMMITTEE RECOMMENDATION

The Committee recommends $800,000,000, and 200 FTE, 

$20,548,000 above the request, for this activity. These additional 

funds shall be used to expedite the P25 tactical communications 

modernization plan to the next Border Patrol sector in the plan as 

well as further the technology design planning efforts for Secure 

Border Initiative [SBI] activities in Arizona. The Committee expects that the tactical communications program will continue to be 

evaluated and coordinated with the Office of Information Technology funded in ‘‘Salaries and Expenses’’. The expenditure plan for 

the use of the recommended $800,000,000 shall provide specific details for these additional activities as well as an evaluation of opportunities to add key technology development and demonstrations 

for the launch of Block 2 of the SBI plan. 

SECURE BORDER INITIATIVE

The Committee continues to strongly support SBI and the multifaceted approach of securing our borders via a web of pedestrian 

fencing, tactical infrastructure, vehicle barriers, ground sensors, 

and cameras, in addition to more Border Patrol agents and increased enforcement of our immigration laws. Focusing on only one 

of these critical tasks is a recipe for failure. By providing 

$800,000,000 for fiscal year 2010, when combined with the total of 

$875,000,000 appropriated to this account in fiscal year 2009, the 

Committee will have provided over $4,088,017,000 for border security fencing, infrastructure, and technology since fiscal year 2007. 
38 

Included in the recommendation is $40,000,000 for Northern Border Technology as requested. 

Since fiscal year 2006 through the end of May 2009, CBP has increased the miles of Southwest border under effective control from 

345 to 697. The Committee supports the Secretary’s continued reconsideration and evaluation of the proper mix of tactical infrastructure, including physical fencing, and technology that will best 

meet the operational requirements of the Border Patrol to efficiently and effectively obtain control of our borders. Additionally, 

the Committee provides the Secretary with the flexibility to determine the proper mix and location of these border security activities 

along the Nation’s borders—Northern, Southern, and maritime. 

Again, we must remind all of those involved in this effort, those 

who would do us harm will seek entry through other, less secure 

parts of our border after tightening security in one location. 

The Committee is pleased the new administration is continuing 

to support securing the border through the proven triumvirate of 

fencing and tactical infrastructure, technology, and boots on the 

ground. The new SBI Program Management Office team has taken 

a second look at the technology projects and is holding the contractors and other developers to higher standards. These efforts have 

pushed back the deployment schedule somewhat, but it is important to get it done right. 

MOBILE SURVEILLANCE SYSTEMS

The Committee is aware of the problems encountered in the field 

with the Mobile Surveillance Systems [MSS] and encourages CBP 

to ensure that the next generation of MSSs acquired are fully 

ruggedized and ready to withstand high tempo operations in extreme environments. 

EXPENDITURE PLAN

The Committee understands that the new administration needed 

to take a fresh look at how the current fiscal year’s funds were 

being allocated which resulted in a delay in delivering the legislatively mandated expenditure plan to Congress. However, the Committee expects a timely submission of the plan mandated in this 

bill. It is the responsibility of CBP, the Department, and the Office 

of Management and Budget to ensure expenditure plans, when submitted, comply with the law. 

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

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Development and deployment ........................................................ 505,000 494,000 514,548 

Operations and maintenance ........................................................ 150,000 200,000 200,000 

Program management ................................................................... 120,000 85,452 85,452 

Emergency Appropriations (Public Law 111–5) ................... 100,000 ............................ ............................

Total, Border Security Fencing, Infrastructure, and Technology ........................................................................... 875,000 779,452 800,000 
39 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

Appropriations, 2009 ............................................................................. $528,000,000 

Budget estimate, 2010 ........................................................................... 505,826,000 

Committee recommendation ................................................................. 515,826,000 

The U.S. Customs and Border Protection [CBP] Air and Marine 

Interdiction, Operations, Maintenance, and Procurement [AMO] account funds the capital procurement and total operations and 

maintenance costs of the CBP air and marine program and provides support to other Federal, State, and local agencies. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $515,826,000, to remain available 

until expended, for air and marine interdiction, operations, maintenance, and procurement. 

The Committee strongly supports CBP’s efforts to recapitalize its 

air and marine assets. Since fiscal year 2005, the Congress has appropriated over $3,074,000,000 to this account. Chief among these 

efforts has been the establishment of five northern border air 

branches located at strategic locations along the border, the operational testing and procurement of unmanned aerial systems in the 

desert Southwest, as well as the testing of these systems in the 

maritime environment and the expansion of their use on the northern border, and the new focus on a robust marine program, both 

coastal and riverine. Certain gaps remain to be filled, such as facilities improvements at smaller air locations and expansion of the 

marine program to additionally planned locations, but progress is 

being made. The Committee notes the difficulty in procuring certain types of aircraft and other air systems because of the need to 

compete with the Department of Defense for these systems in a 

time of war, but AMO has been creative in its use of multi-purchase awards and deserves to be commended. 

MARINE VESSELS

Included in the amount recommended by the Committee is a total of $16,500,000, an increase of $10,000,000 above the request, 

for the competitive procurement of additional marine vessels, including interceptors, coastal enforcement craft, and riverine vessels. Prior to the obligation of these additional funds, the Committee directs the Secretary to submit an expenditure plan to the 

Committees on Appropriations not later than 60 days after the date 

of enactment. Since 2007, combined with these additional resources, air and marine will have increased its marine and riverine 

assets by 89 vessels toward a revised strategic investment plan for 

253 vessels. 

UNMANNED AERIAL SYSTEMS

The Committee notes the important role that CBP’s unmanned 

aerial systems [UAS] play in securing our borders. CBP has 6 operational UAS’s, with one more to be purchased before the end of fiscal year 2009, and plans to expand UAS operations into the maritime drug source and transit zones before the end of this fiscal 

year. The Committee strongly supports this program and has in-
40 

cluded a general provision, as requested, directing the Secretary to 

consult with the Secretaries of Defense and Transportation to continue the development of a concept of operations for UASs in U.S. 

airspace that was begun during the current fiscal year. 

P–3 SERVICE LIFE EXTENSION

The Committee funds the request for two additional P–3 maritime patrol aircraft wing sets as part of the ongoing P–3 service life 

extension program. The Committee notes that these aircraft play 

a major role in our Nation’s drug and migrant interdiction effort 

and is pleased to learn that 9 P–3s will be in operation by the end 

of this fiscal year and a total of 11 P–3s will be in operation by 

the end of fiscal year 2010. 

COMMITTEE RECOMMENDATIONS

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

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Operations and maintenance ........................................................ 380,022 374,217 374,217 

Procurement ................................................................................... 147,978 131,609 141,609 

Total, Air and Marine Interdiction, Operations, Maintenance, and Procurement .............................................. 528,000 505,826 515,826 

CONSTRUCTION AND FACILITIES MANAGEMENT

Appropriations, 2009 1 ........................................................................... $823,201,000 

Budget estimate, 2010 2 ......................................................................... 678,633,000 

Committee recommendation ................................................................. 316,070,000 

1 Includes $420,000,000 provided in the American Recovery and Reinvestment Act of 2009 

(Public Law 111–5). 2The budget proposes a new ‘‘Facilities Management’’ account into which all CBP construction, GSA rent, and program management would be funded. 

This appropriation provides funding to plan, construct, renovate, 

equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to immigration, 

customs, and alien registration. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $316,070,000 for construction and 

facilities management activities of U.S. Customs and Border Protection [CBP], to be available until expended. 

FACILITIES MANAGEMENT

The Committee does not include the proposed consolidation of facilities management in a separate account. In order to allow CBP 

more flexibility in addressing rent management, all funds for rent 

are consolidated within the ‘‘Headquarters Management and Administration at the Ports of Entry’’, and ‘‘Headquarters Management and Administration between the Ports of Entry’’ PPAs. Further, all funds for construction, planning, renovation, equipping 
41 

and maintaining buildings and facilities, tunnel remediation, and 

lease acquisition are consolidated within ‘‘Construction and Facilities Management’’. 

ADVANCED TRAINING CENTER

The Committee provides $5,955,000, as requested in the budget, 

for maintenance, repairs, and operations activities for the Advanced Training Center [ATC]. The Committee also recommends 

$39,700,000 to equip, furnish, and expand the Leadership Academy 

as envisioned in the ATC Master Plan which was submitted to the 

Committee on April 4, 2007, by the Department of Homeland Security Under Secretary for Management. The ATC opened in September 2005. It provides advanced training to more than 3,200 

CBP law enforcement personnel, managers, and supervisors per 

year and will train approximately 4,000 per year by the end of 

2010. 

BORDER FACILITIES CONSTRUCTION BACKLOG

The Congress provided a total of $720,000,000 in the Stimulus 

Act to address the more than $6,500,000,000 backlog in port of 

entry [POE] construction. Additionally, Congress has appropriated 

more than $597,220,000 in construction funds to address the Border Patrol’s requirements for more space resulting from the significant increase in agents in the past 5 years. The Committee is disappointed that no new construction projects were requested in the 

budget. These ports are vital to the Nation’s economy and imports 

from Mexico and Canada entering through these facilities was 

more than $570,000,000,000 in fiscal year 2008 and represents approximately 25 percent of all imports into the United States. There 

are many land border POEs and Border Patrol stations which require near-term expansion and upgrades. The Committee directs 

CBP to submit a revised construction plan no later than 60 days 

after the date of enactment of this act. The plan shall include updates on the use of the funds provided in this act, as well as prior 

years’ acts, for construction projects CBP-wide. 

The Committee is disappointed that CBP, GSA, and OMB had 

ample time to produce and submit with the budget the 5-year construction plan for land border POE construction mandated in the 

fiscal year 2009 act, yet failed to do so. The Committee again has 

included bill language requiring CBP, in consultation with GSA, to 

include the 5-year construction plan with the fiscal year 2011 request. The plan shall include a yearly update of total projected future funding needs. 

The Committee directs the Department to continue to work with 

the GSA on its nationwide strategy to prioritize and address the infrastructure needs at land border POEs and to comply with the requirements of the Public Buildings Act of 1959 (40 U.S.C. 3301) to 

seek necessary funding. 

The Committee further directs the Department to encourage the 

use of small businesses in all phases of the contracting process for 

construction and renovation of POEs. 
42 

BORDER PATROL CONSTRUCTION

The Committee notes that, as a result of an operational decision 

made by the Border Patrol, no funds have been requested in the 

budget for site, design, or construction of permanent checkpoints on 

the northern border. 

COMMITTEE RECOMMENDATIONS

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

CONSTRUCTION AND FACILITIES MANAGEMENT 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Major Construction ............................................................................... 256,286 .......................... ..........................

Air and Marine Facilities ..................................................................... 16,600 .......................... ..........................

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

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

Advanced Training Center ................................................................... 39,700 .......................... ..........................

Operations and Maintenance ............................................................... 17,600 .......................... ..........................

Repairs and Alterations ....................................................................... 24,400 .......................... ..........................

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

Planning ............................................................................................... 2,015 .......................... ..........................

Facilities Construction and Sustainment: 

Major Construction ...................................................................... .......................... .......................... 39,700 

Maintenance, Repairs, and Operations ...................................... .......................... 111,320 111,320 

Alterations—Includes Alterations for Leased Space ................. .......................... 84,837 84,837 

HQ Mission Support—Includes Leased Space ........................... .......................... 35,456 35,456 

Tunnel Remediation .................................................................... .......................... 7,744 7,744 

Program Oversight and Management .................................................. .......................... 37,013 37,013 

Rent ...................................................................................................... .......................... 402,263 ..........................

Emergency Appropriations (Public Law 111–5) .................................. 420,000 .......................... ..........................

Total, Construction and Facilities Management .................... 823,201 678,633 316,070 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SUMMARY

U.S. Immigration and Customs Enforcement is responsible for 

enforcing immigration and customs laws, detaining and removing 

deportable or inadmissible aliens, and providing security of Federal 

buildings and property. 

COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $5,749,900,000, 

including direct appropriations of $5,445,100,000, and estimated 

fee collections of $304,800,000. 

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

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2009 

enacted

Fiscal year 2010 

budget request 

Committee 

recommendations 

Appropriations: 

Salaries and expenses .......................................................... 4,927,210 5,348,000 5,360,100 
43 

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

[In thousands of dollars] 

Fiscal year 2009 

enacted

Fiscal year 2010 

budget request 

Committee 

recommendations 

Automation modernization .................................................... 57,000 110,000 85,000 

Emergency Appropriations (Public Law 111–5) ................... 20,000 ............................ ............................

Construction .......................................................................... 5,000 ............................ ............................

Total, Appropriations ........................................................ 5,009,210 5,458,000 5,445,100 

Estimated Fee Collections: 

Immigration inspection user fees ......................................... 119,000 109,800 109,800 

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

Immigration breached bond/detention fund ......................... 60,000 75,000 75,000 

Federal Protective Service 1 .................................................. 640,000 ............................ ............................

Total, Estimated fee collections ....................................... 939,000 304,800 304,800 

Total, Available funding ................................................... 5,948,210 5,762,800 5,749,900 

Appropriations .................................................................. 4,989,210 5,458,000 5,445,100 

Emergency Appropriations (Public Law 111–5) ............... 20,000 ............................ ............................

1 Fully funded by offsetting collections paid by General Services Administration tenants and credited directly to this account. The budget 

proposes to transfer this activity to the National Protection and Programs Directorate. 

SALARIES AND EXPENSES

Appropriations, 2009 ............................................................................. $4,927,210,000 

Budget estimate, 2010 ........................................................................... 5,348,000,000 

Committee recommendation ................................................................. 5,360,100,000 

The U.S. Immigration and Customs Enforcement [ICE] Salaries 

and Expenses account provides funds for the enforcement of immigration and customs laws, intelligence, and detention and removals. In addition to directly appropriated resources, funding is derived from the following offsetting collections: 

Immigration Inspection User Fees.—ICE derives funds from user 

fees to support the costs of detention and removals in connection 

with international inspections activities at airports and seaports, 

as authorized by the Immigration and Nationality Act (8 U.S.C. 

1356). 

Student Exchange Visitor Program Fees.—ICE collects fees from 

foreign students, exchange visitors, and schools and universities to 

certify and monitor participating schools, and to conduct compliance audits. 

Immigration Breached Bond/Detention Fund.—ICE derives 

funds from the recovery of breached cash and surety bonds in excess of $8,000,000 as authorized by the Immigration and Nationality Act (8 U.S.C. 1356); and from a portion of fees charged under 

section 245(i) of the Immigration and Nationality Act to support 

the cost of the detention of aliens. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $5,360,100,000, for salaries and expenses of U.S. Immigration and Customs Enforcement [ICE] for fiscal year 2010. This includes decreases from the fiscal year 2009 

level of $150,000,000 for 2-year availability for Secure Communities and total increases from the fiscal year 2009 level of 
44 

$272,740,000 for pay, annualizations, transfers, and other increases, as proposed in the budget. The Committee includes bill language placing a $35,000 limit on overtime paid to any employee; making up to $7,500,000 available 

for special operations; making up to $1,000,000 available for the 

payment of informants; making up to $11,216,000 available to reimburse other Federal agencies for the costs associated with the 

care, maintenance, and repatriation of smuggled illegal aliens; 

making not less than $305,000 available for promotion of public 

awareness of the child pornography tipline and anti-child exploitation activities; making not less than $5,400,000 available to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act; limiting the use of funds for facilitating 

agreements consistent with section 287(g) of the Immigration and 

Nationality Act to the same activities funded in fiscal year 2005; 

making $15,770,000 available for activities to enforce laws against 

forced child labor, of which $6,000,000 shall remain available until 

expended and making $6,800,000 available until expended for the 

Visa Security Program. 

SOUTHWEST BORDER ENFORCEMENT INITIATIVE

The budget proposes a new Southwest Border Enforcement Ini- tiative of $70,000,000, 349 positions, and 176 FTE, to enhance current efforts to identify criminal activities and eliminate 

vulnerabilities that pose a threat to our Nation’s borders. This effort is acutely focused on our Southwest border with Mexico where 

the level of drug cartel violence has increased substantially since 

the Government of Mexico began to aggressively combat the drug 

trafficking organizations threatening Mexico and the Americas. 

More than 7,200 individuals have been killed in Mexico and the 

U.S. Deputy Attorney General testified on March 25, 2009, that 

drug cartels have become the number one organized crime threat 

in America. The Department of Justice’s December 2008 ‘‘National 

Drug Threat Assessment, 2009’’ stated that these cartels have infiltrated 230 cities across the country. 

In support of the Mexican Government’s actions and to respond 

to this violence and prevent its spilling over into the United States, 

the administration has taken significant steps to send additional 

personnel and resources both to the Southwest border as well as 

the Government of Mexico. The Department of Homeland Security 

redirected $184,000,000 in existing resources to send more Border 

Patrol agents and other security personnel to conduct outbound examinations of vehicle and containers to stem the smuggling of 

weapons and cash which support the cartels. Additionally, the conference report accompanying the ‘‘Supplemental Appropriations 

Act, 2009’’ provides $55,000,000 to ICE and $40,000,000 to CBP in 

new funding to support these efforts. 

These funds will be used to increase enforcement at ICE’s Border 

Enforcement Security Task Forces [BESTs] targeting human, contraband, weapons, and bulk cash smuggling as well as investigations related to benefit fraud, money laundering, and identity theft, 

with a focus on terrorist groups, criminal aliens, and gangs. They 

will also be used to hire more criminal investigators within the Office of International Affairs and significantly expand Office of Intel-
45 

ligence operations with 90 new Intelligence Officers to support the 

BESTs, the Border Field Intelligence Groups, and the Border Violence Intelligence Cell at the El Paso Intelligence Center. The Committee recommends an additional $45,000,000, 230 positions, and 119 FTE, above the request to further build upon this 

effort. Specifically, $20,000,000 is for additional support to the 

Southwest border and seaport BESTs. An additional $20,000,000 is 

for support for counter-proliferation and gang investigations. These 

funds would be focused on expanding ‘‘Operation Armas Cruzadas’’ 

which focuses on identifying and disrupting illicit trans-border activities which support weapons smuggling networks, both across 

the border with Mexico as well as global weapons smuggling networks. The funding for gang investigations would be directed at 

disrupting and dismantling transnational street gangs, encountered 

in the course of ICE investigations, which distribute drugs in the 

U.S. supplied by Mexican drug trafficking organizations. Gangs 

such as MS–13, Latin Kings, Suren ̃ os, and 18th Street potentially put at peril the lives of U.S. citizens. Finally, $5,000,000 is provided to augment bulk cash smuggling investigations and will provide enhanced training, investigations, and interdiction operations. 

Bulk cash illicitly crossing the border is laundered and supports a 

wide network of terrorists, narcotics smugglers, and human traffickers involved in transporting aliens into the United States illegally, abetting child sex tourism, and human slavery. 

These funds will also assist DHS in implementing its part of the 

President’s multi-agency ‘‘National Strategy to Reduce Drug Trafficking and Flow of Bulk Cash and Weapons across the Southwest 

Border’’ announced on June 5, 2009. 

The Committee is aware that the Department of Justice’s [DOJ] 

‘‘Operation Gunnrunner’’ complements in many ways ICE’s ‘‘Operation Armas Cruzadas’’. The use of ballistics technology and other 

methods to trace crime guns can assist in weapons smuggling investigations and tracking. The Committee urges ICE to work with 

DOJ on these investigations and to consider using the National 

Ballistics Information Network in this effort. 

ICE ENFORCEMENT PRIORITIES

Over the past 2 years, Congress has emphasized that ICE has 

multiple immigration enforcement priorities. Among the priorities 

identified by Congress are conducting worksite enforcement investigations and identifying foreign-born individuals who have been 

convicted of crimes and sentenced to imprisonment and removing 

those individuals once they have been judged deportable by the immigration court system. 

Enforcement of customs laws, using immigration and customs 

authorities, is also an ICE enforcement priority. As the Director of 

the ICE Office of Investigations, stated in testimony before the 

House Homeland Security Appropriations Subcommittee on April 2, 

2009, ‘‘ICE’s experience in the investigation of the conduct of border crime reveals that the criminal organizations who exploit our 

immigration and trade systems do so for one reason: profit. Each 

day, these organizations smuggle contraband, people, and goods— 

whatever the market will bear. Thus, while immigration enforcement is a key component of ICE’s mission, we cannot and do not 
46 

establish enforcement priorities in a stove-piped fashion. Instead, 

we target the organizations who exploit our legitimate trade, travel, and financial systems with all our enforcement.’’ The Director 

concluded by stating, ‘‘ICE has designed programs and initiatives 

to address the Nation’s national security and public safety concerns. Applying both our immigration and customs authorities, 

which target the illicit flow of people, goods, and money, ICE can 

effectively address all types of cross border criminal activity, which 

makes our homeland safer for everyone, citizens and immigrants 

alike.’’ 

Just as CBP must stop the entry into the United States of contraband people and goods, while also facilitating the flow of legitimate trade and commerce, so ICE must also maintain a balance of 

enforcing immigration and customs laws while also protecting the 

country by removing those individuals who are here illegally. 

MANAGEMENT AND ADMINISTRATION—IMPROVED INTEGRITY

OVERSIGHT

Over the last 3 years, ICE has hired over 5,100 new personnel, 

a 17 percent increase since fiscal year 2006. In order to support 

long-term border security efforts and avoid fraud, the Committee 

believes it is important to keep in front of any possible increase in 

workforce fraud by hiring additional agents who will investigate 

cases of fraud and other illegal activities. 

The Office of Professional Responsibility [OPR] investigates all 

Inspector General-referred allegations of criminal misconduct by 

ICE and CBP employees. ICE and CBP have sensitive missions, including preventing the flow of drugs, dangerous goods, and illegal 

immigrants into the country, and sensitive technology and weapons 

out of it. To ensure the continued integrity of the workforce, growth 

in ICE staffing should be matched by commensurate growth in 

OPR. The Committee recommends a total of $94,104,000 and 462 

FTE to perform workforce integrity investigations and training, detention facility inspections, ICE field office management inspections, and physical security management inspections. This is an increase of $14,988,000 and 33 FTE over the fiscal year 2009 level, 

and $2,100,000 and 4 FTE over the request. This will provide for 

$80,837,000 to conduct integrity investigations, including additional funds for ICE to expand its OPR presence along the Southwest border. 

LAW ENFORCEMENT SUPPORT CENTER

Included in the amount recommended by the Committee is a 

total of $34,990,000, 316 positions, and 316 FTE, as requested in 

the budget, to assist in responding to increased requests for assistance from State and local law enforcement officers. The Committee 

notes that during fiscal year 2009 ICE aggressively took steps to 

fill the large number of staffing vacancies at the Law Enforcement 

Support Center [LESC] by upgrading staff position types and pay. 

The Committee urges ICE to maintain a robust LESC staffing level 

and to alert the Committee if large staffing vacancy rates return. 
47 

CO-LOCATION OF ICE FACILITIES

At its creation in 2003, ICE inherited approximately 450 leases, covering 5,800,000 square feet, at an annual rent of $167,000,000. 

Since then, the ICE workforce has grown by 26 percent and the 

ICE space acquisition policy is to acquire space ‘‘as needed’’. Thus 

there are now over 655 leases, covering 6,400,000 square feet, with 

an annual rent of $225,000,000. Working with the General Services 

Administration, ICE has developed a co-location strategy with a 

goal of decreasing ICE lease holdings by 88 percent over the next 

5 years. ICE could save in excess of $200,000,000 and move from 

455 leases in 55 metropolitan areas to just 56 leases in those same 

areas by fiscal year 2015. The Congress provided $7,000,000 to initiate this effort in fiscal year 2009. The Committee includes an additional $57,000,000, an increase of $50,000,000 above the fiscal 

year 2009 level, and a reduction of $35,000,000 from the request, 

to continue this important management initiative. 

OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

The Committee recommends $168,103,000, 125 positions, and 105 FTE, an increase of $11,600,000, 40 positions, and 20 FTE, as 

requested, for the Office of State and Local Government Coordination. Included in this amount is funding for increased training and 

information technology assistance for participants in the 287(g) 

program. 

The Committee notes that the 287(g) program is a voluntary, not 

mandatory, program through which communities which chose to 

join enter into discussions with ICE to determine the proper fit for 

the individual community and ICE. The Committee also intends 

that the appropriate accountability and training standards are adhered to by participating communities and has provided sufficient 

resources, as requested in the budget, to ensure that these standards are met. 

FORENSICS DOCUMENT LAB

The Committee recommends $14,357,000, 80 positions, and 77 

FTE, as requested, for the Forensics Document Lab [FDL]. The 

FDL provides forensic document analysis and operations support 

services to combat travel and identity document fraud. Included in 

this amount is funding for additional staffing and equipment to 

support the Southwest Border Initiative. 

DATA CENTER MIGRATION

As part of the Department-wide effort to assign data center migration funding to the component agencies which will be migrating, 

the Committee recommends $23,850,000, 4 positions, and 4 FTE, in 

new funding to support ICE’s portion of this activity in fiscal year 

2010, $10,000,000 below the request. The funds are reduced as not 

all of the proposed activities would be accomplished in fiscal year 

2010. 

INVESTIGATIONS—WORKSITE ENFORCEMENT

Worksite enforcement must remain an immigration enforcement 

priority activity for ICE and the Department as a whole. The Com-
48 

mittee is pleased that through fiscal year 2008, ICE continued to 

aggressively conduct worksite enforcement actions and achieve increases in both criminal and administrative arrests. The new worksite enforcement guidelines issued by the Secretary state that, ‘‘The 

prospect for employment in the United States continues to be one 

of the leading causes of illegal immigration, creating a market for 

criminal smuggling organizations who exploit people willing to pay 

high fees and take great risks to enter the United States without 

detection.’’ The Committee said much the same thing in its report 

accompanying the Senate version of the fiscal year 2009 bill when 

it said, ‘‘By turning off the spigot of cheap labor and taking action 

against unscrupulous employers who exploit illegal aliens, we can 

begin to stem the tide of illegal immigration.’’ 

The Department’s guidance goes on to state that, ‘‘the administrative arrest of the illegal workforce under ICE’s existing immigration authorities continues to be an integral aspect of the overall 

ICE worksite enforcement strategy.’’ The Committee notes that the 

Secretary has promised to continue worksite enforcement actions 

against both employers and employees, and has requested a slight 

increase in the budget for this activity. The Committee recommends a total of $138,778,000 for worksite enforcement. The 

$10,000,000 above the request is for 100 positions, 50 FTE, for forensic auditors to increase targeting of criminal employers and critical infrastructure locations. The Committee will pay careful attention to the implementation of this new guidance and requests quarterly briefings on worksite enforcement activities in general and 

specifically on how these funds are being used. 

VISA SECURITY PROGRAM

The Visa Security Program, mandated in section 428 of the 

Homeland Security Act of 2002 (Pubic Law 107–296), extends the 

border overseas to prevent terrorists and other criminals from receiving U.S. visas. The Office of International Affairs has developed 

a 5-year expansion plan which includes a prioritized expansion to 

the 32 highest-risk visa issuing posts. According to the plan, the 

program will cover approximately 75 percent of the highest risk 

visa activity posts by 2013. The Committee recommends a total of 

$30,186,000, 71 positions, and 67 FTE for the Visa Security Program, as requested. 

OFFICE OF INVESTIGATIONS—MISSION SUPPORT STAFFING

The Committee is aware that under the ICE Office of Investigations [OI] workforce template, OI has a current deficit of 805 mission support positions. A negative consequence of not having additional support personnel requires agents to perform administrative 

functions, taking time away from investigation of transnational 

and border crime. The budget request begins to narrow this gap, 

and the additional funds provided by the Committee ensure that 

mission support positions are also filled. The Committee urges inclusion of additional funding in the fiscal year 2011 budget request 

to further close this gap in support staffing. 
49 

ICE INTELLIGENCE

The Committee is pleased with the manner in which the Office 

of Intelligence has expanded and staffed its Field Intelligence 

Groups. These groups are anticipated to meet or exceed their optimal 50 percent staffing levels for intelligence research specialists 

and program analysts. As noted above, ICE’s BEST teams along 

the borders and at the seaports make great use of these specialists 

and the personnel increases funded in this bill will help to ensure 

that the BESTs are used to their greatest capacity. The Committee 

directs ICE to provide an Intelligence staffing briefing no later 

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

DETENTION AND REMOVAL—CUSTODY OPERATIONS (BEDS)

Maintaining an adequate number of detention beds is critical to 

ensuring the integrity of our detention and removal system while 

at the same time preventing a return to the ill-advised ‘‘catch and 

release’’ policy. We must ensure that all illegal aliens apprehended 

are removed from this country as expeditiously as possible. The 

Committee is pleased to note that in fiscal year 2008, ICE removed 

a total of 347,184 illegal aliens compared with 240,665 in fiscal 

year 2004. This clearly demonstrates that the additional resources 

the Congress has provided above the President’s requests the past 

5 fiscal years for securing our borders is having an impact. 

The Congress took the lead and added funding for additional detention beds above the President’s request the past 5 fiscal years. 

The request includes $36,200,000 to annualize the beds added by 

Congress in fiscal year 2009 and to fully support a detention bed 

level of 33,400. 

Bill language is included directing that a detention bed level of 

33,400 beds shall be maintained throughout fiscal year 2010. 

DETENTION AND REMOVAL—ALTERNATIVES TO DETENTION

National security and public safety are ICE’s first priorities. To 

that end, ICE detains all illegal aliens who pose a threat to community safety or national security, as well as those required to be 

detained under the Nation’s immigration laws. The Alternatives to 

Detention [ATD] program was created to enable ICE to maintain 

current detention levels and to monitor aliens who are likely to 

comply, without detention, with immigration proceedings. An excellent example of a population for consideration for the use of ATD 

is families with children. ATD is composed of two primary programs, electronic monitoring and intensive supervision appearance. 

The Committee recommends a total of $63,913,000, 171 positions, 

and 172 FTE, as requested in the budget. The Committee encourages ICE to prioritize enrollment of families with children in this 

program, to continue to use intensive supervision, and directs ICE 

to brief the Committee semiannually on the program beginning no 

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

The Committee is aware that increased interior immigration enforcement has resulted in families being separated. The Committee 

directs the Department to analyze and report on the feasibility of 

establishing procedures to ensure that data can be collected and 

documented for the purposes of submitting a quarterly report to 
50 

the Committee which tracks the number of deportation, exclusion, 

and removal orders sought and obtained by ICE that involve 

verified alien parents of a U.S. citizen child. The report should also 

provide a break down by district in which the removal order was 

issued; by type of order (deportation, exclusion, removal, expedited 

removal, and others); by agency issuing the order; by the number 

of cases in each category in which ICE has successfully removed 

the verified alien parent; and by number of cases in each category 

in which ICE has not removed the verified alien parent. The analysis and report on the feasibility of establishing procedures to ensure that data can be collected and documented for reporting purposes shall be submitted not later than December 15, 2009. 

DETENTION AND REMOVAL—TRANSPORTATION AND REMOVAL

Included in the amount recommended by the Committee is 

$281,878,000, as proposed in the budget, for all ICE-related transportation and removal activities. 

DETENTION AND REMOVAL—FUGITIVE OPERATIONS

Included in the amount recommended by the Committee is 

$229,682,000, 677 positions, and 677 FTE, as proposed in the budget. The National Fugitive Operations Program is responsible for reducing the fugitive alien population in the United States. As of 

May 2009, ICE estimates that there are approximately 549,408 immigration fugitives in the United States, a decrease of over 83,318 

since October 2006. ICE works to reduce the population of these fugitives from the law through the use of Fugitive Operations teams. 

All 104 Fugitive Operations teams are operational and conducting 

enforcement operations. 

DETENTION AND REMOVAL—CRIMINAL ALIEN PROGRAM

Included in the amount recommended by the Committee is 

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

SECURE COMMUNITIES

The Committee recommends $195,589,000, 552 positions, and 

512 FTE, as requested, $45,589,000, 92 positions, and 46 FTE 

above the fiscal year 2009 level. Congress initiated this program in 

fiscal year 2008 and has provided total new funding of 

$350,000,000 in the past 2 years. The Committee is pleased that 

the administration has embraced this program as one of many tools 

at its disposal to identify and remove illegal aliens, including criminal aliens, and otherwise enforce our Nation’s existing immigration 

laws. With these additional funds, Secure Communities plans to expand coverage by at least 50 counties during fiscal year 2010 to establish biometric identification of arrested criminal aliens in over 

140 counties. Secure Communities’ threat-based deployment schedule prioritizes those counties with the highest threat criminal alien 

populations first, consisting primarily of counties in major metropolitan areas throughout the country as well as all counties along 

the southwest border. In fiscal years 2007 and 2008, 216,439 crimi-
51 

nal aliens were removed after being incarcerated. Secure Communities estimates that after deploying to these counties, ICE will 

cover over 50 percent of the Nation’s criminal alien population. The 

Department anticipates that, with continued funding, including redeployment of existing resources, it will establish biometric identification of arrested criminal aliens in all counties that are willing 

and technically able to participate by the end of fiscal year 2012. 

The Committee has included bill language ensuring that all illegal aliens encountered when enforcing our immigration laws are 

apprehended. The Committee also directs ICE to provide quarterly 

briefings on progress being made in implementing the Secure Communities program. The briefings shall include Secure Communities’ 

impact on removals reporting at the the level of detail of the quarterly detention and removals report. The first briefing should occur 

no later than 45 days after the date of enactment of this act. 

UNACCOMPANIED ALIEN CHILDREN

The Committee notes the request includes no additional funding 

for ICE’s role in caring for and transporting unaccompanied alien 

children [UAC] to Office of Refugee Resettlement custody upon 

their apprehension by ICE personnel. The conference report accompanying the ‘‘Supplemental Appropriations Act, 2009’’, includes 

$11,800,000 for ICE for this purpose based upon estimated increased UAC requirements resulting from the William Wilberforce 

Trafficking Victims Protection Reauthorization Act of 2008 (Public 

Law 110–457). While the Committee includes no increased funding 

for this activity for fiscal year 2010, the Committee directs ICE to 

report not later than March 31, 2010, on the actual fiscal year 

2009, and estimated fiscal year 2010, costs of care and transportation of UACs. 

DETENTION AND REMOVAL REPORTING

The Committee continues to request ICE to submit a quarterly 

report to the Committee which compares the number of deportation, exclusion, and removal orders sought and obtained by ICE. 

The report should be broken down: by district in which the removal 

order was issued; by type of order (deportation, exclusion, removal, 

expedited removal, and others); by agency issuing the order; by the 

number of cases in each category in which ICE has successfully removed the alien; and by the number of cases in each category in 

which ICE has not removed the alien. The first fiscal year 2010 

quarterly report is to be submitted no later than January 15, 2010. 

COMMITTEE RECOMMENDATIONS

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels: 
52 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—SALARIES AND EXPENSES 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Headquarters Management and Administration: 

Personnel Compensation and Benefits, services and other 

costs ....................................................................................... 203,076 321,850 288,950 

Headquarters Managed IT investment ....................................... 169,348 243,264 233,264 

Subtotal, Headquarters Management and Administration .... 372,424 565,114 522,214 

Legal Proceedings ................................................................................ 215,035 221,666 221,666 

Investigations: 

Domestic ..................................................................................... 1,519,208 1,615,551 1,666,551 

International ................................................................................ 106,741 112,872 112,872 

Visa Security Program ................................................................ 26,800 30,186 30,186 

Subtotal, Investigations ......................................................... 1,652,749 1,758,609 1,809,609 

Intelligence ........................................................................................... 55,789 67,842 71,842 

Detention and Removal Operations: 

Custody Operations ..................................................................... 1,721,268 1,771,168 1,771,168 

Fugitive Operations ..................................................................... 226,477 229,682 229,682 

Criminal Alien Program .............................................................. 189,069 192,539 192,539 

Alternatives to Detention ............................................................ 63,000 63,913 63,913 

Transportation and Removal Program ........................................ 281,399 281,878 281,878 

Subtotal, Detention and Removal Operations ........................ 2,481,213 2,539,180 2,539,180 

Comprehensive Identification and Removal of Criminal Aliens ......... 150,000 195,589 195,589 

Total, Salaries and Expenses ................................................. 4,927,210 5,348,000 5,360,100 

FEDERAL PROTECTIVE SERVICE

As proposed in the budget, this activity has been moved to the 

‘‘National Protection and Programs Directorate’’. 

AUTOMATION MODERNIZATION

Appropriations, 2009 1 ........................................................................... $77,000,000 

Budget estimate, 2010 ........................................................................... 110,000,000 

Committee recommendation ................................................................. 85,000,000 

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

The Automation Modernization account provides funds for major 

information technology [IT] projects for U.S. Immigration and Customs Enforcement [ICE], including the Atlas Program, modernization of TECS (formerly known as the Traveler Enforcement and 

Compliance System), modernization of Detention and Removal Operations’ IT systems for tracking detainees [DRO Modernization], 

and other systems. 

COMMITTEE RECOMMENDATIONS

The Committee recommends a total of $85,000,000, $28,000,000 

above the fiscal year 2009 level, and $25,000,000 below the request. 

These funds are to remain available until expended. The Com-
53 

mittee includes bill language making $10,000,000 available upon 

the submission of an expenditure plan. 

The Committee strongly supports ICE’s automation modernization efforts and in prior years has added funds above the request 

when it believed the Department was not as supportive of this critical agency function as it should have been. The Committee also is 

pleased that ICE is making good progress on the joint TECS modernization program with CBP. The Committee fully funds TECS 

modernization and the ATLAS IT infrastructure program. The 

Committee recognizes the importance of ICE developing a state-ofthe-art electronic health records program and supports these efforts. With the reductions made to the request, the Committee expects the submission of an expenditure plan reflecting revised 

prioritization of ICE’s automation modernization activities not later 

than 45 days after the date of enactment of this act. The Committee also continues the requirement for semiannual briefings on 

this activity. 

CONSTRUCTION

Appropriations, 2009 ............................................................................. $5,000,000 

Budget estimate, 2010 ........................................................................... ........................... 

Committee recommendation ................................................................. ........................... 

This appropriation provides funding to plan, construct, renovate, 

equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to immigration, 

detention, and alien registration. 

COMMITTEE RECOMMENDATIONS

The Committee notes that the budget requests no funding for 

ICE Construction as it is reviewing the possible privatization of the 

Service Processing Centers which it owns. The Department intends 

that carryover funds within the no-year Construction account will 

be used for emergency repairs and alterations. The Committee also 

notes that not funding this account will have no impact on the ability of ICE to continue to detain illegal aliens at thousands of other 

locations around the country. 

The bill includes a general provision, requested in the budget, 

providing ICE with the authority to dispose of ICE-owned facilities 

and retain the receipts to provide repairs and alterations to other 

facilities. 

Because of large unobligated balances in this account, the Committee includes a general provision rescinding $7,000,000 of prior 

year balances. 

TRANSPORTATION SECURITY ADMINISTRATION

The Transportation Security Administration [TSA] is charged 

with ensuring security across U.S. transportation systems, including aviation, railways, highways, pipelines, and waterways, and 

safeguarding the freedom of movement of people and commerce. 

Separate appropriations are provided for the following activities 

within TSA: aviation security; surface transportation security; 

transportation threat assessment and credentialing; transportation 

security support; and Federal Air Marshals. 
54 

COMMITTEE RECOMMENDATIONS

The Committee recommends a total program level of 

$7,690,134,000 and a net of $5,312,134,000 for the activities of TSA 

for fiscal year 2010. 

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

TRANSPORTATION SECURITY ADMINISTRATION—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Aviation Security ............................................................................ 4,754,518 5,310,850 5,237,828 

Emergency Appropriations (Public Law 111–5) ............................ 1,000,000 ............................ ............................

Aviation Security Capital Fund (mandatory) ................................. 250,000 250,000 250,000 

Surface Transportation Security .................................................... 49,606 128,416 142,616 

Transportation Threat Assessment and Credentialing (direct appropriations) .............................................................................. 116,018 191,999 171,999 

Transportation Threat Assessment and Credentialing (fee-funded programs) ............................................................................. 40,000 28,000 28,000 

Transportation Security Support .................................................... 947,735 1,004,580 999,580 

Federal Air Marshals ...................................................................... 819,481 860,111 860,111 

Total, Transportation Security Administration (gross) ..... 7,977,358 7,773,956 7,690,134 

Offsetting Fee Collections .............................................................. ¥2,320,000 ¥2,100,000 ¥2,100,000 

Aviation Security Capital Fund (mandatory) ................................. ¥250,000 ¥250,000 ¥250,000 

Fee accounts [TTAC] ...................................................................... ¥40,000 ¥28,000 ¥28,000 

Total, Transportation Security Administration (net) ........ 5,367,358 5,395,956 5,312,134 

Appropriations .................................................................. 4,367,358 5,395,956 5,312,134 

Emergency Appropriations (Public Law 111–5) ............... 1,000,000 ............................ ............................

AVIATION SECURITY

Appropriations, 2009 1 ........................................................................... $5,754,518,000 

Budget estimate, 2010 ........................................................................... 5,310,850,000 

Committee recommendation ................................................................. 5,237,828,000 

1 Includes $1,000,000,000 provided in the American Recovery and Reinvestment Act, 2009 

(Public Law 111–5) for explosives detection systems and checkpoint security improvements. 

The Transportation Security Administration [TSA] aviation security account provides for Federal aviation security, including 

screening of all passengers and baggage, deployment of on-site law 

enforcement, continuation of a uniform set of background requirements for airport and airline personnel, and deployment of explosives detection technology. 

The aviation security activities include funding for: Federal 

transportation security officers [TSOs] and private contract screeners; air cargo security; procurement, installation, and maintenance 

of explosives detection systems; checkpoint support; and other aviation regulation and enforcement activities. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $5,237,828,000 for aviation security, 

$73,022,000 below the amount requested and $483,310,000 above 

the fiscal year 2009 level, excluding funds appropriated in the 

Stimulus Act. 
55 

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

AVIATION SECURITY 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Screening Operations ............................................................... 3,935,710 4,475,117 4,395,195 

Emergency Appropriations (Public Law 111–5) ...................... 1,000,000 .............................. ..............................

Aviation Security Direction and Enforcement .......................... 798,808 835,733 842,633 

Aviation Security Capital Fund (mandatory) ........................... [250,000 ] [250,000 ] [250,000 ] 

Implementing Requirements of Public Law 110–53 (9/11 

Act) ...................................................................................... 20,000 ( 1 ) ( 1 ) 

Discretionary Fees (non-add): 

General Aviation at DCA ................................................. [75 ] [100 ] [100 ] 

Indirect Air Cargo ........................................................... [200 ] [2,600 ] [2,600 ] 

Certified Cargo Screening Program ................................ .............................. [5,200 ] [5,200 ] 

Large Aircraft Security Program ..................................... .............................. [1,600 ] [1,600 ] 

Secure Identification Display Area Checks ..................... .............................. [10,000 ] [10,000 ] 

Other Security Threat Assessments ................................ .............................. [100 ] [100 ] 

Total, Aviation Security .............................................. 5,754,518 5,310,850 5,237,828 

Appropriations ............................................................ 4,754,518 5,310,850 5,237,828 

Emergency Appropriations (Public Law 111–5) ......... 1,000,000 .............................. ..............................

1 A total of $40,259,000 included within various appropriations. 

AVIATION SECURITY FEES

The Congressional Budget Office, in its analysis of the President’s budget, has re-estimated collections from existing aviation 

security fees to be $2,100,000,000. Of this amount, $1,652,000,000 

will be collected from aviation passengers and $448,000,000 will be 

collected from the airlines. 

SCREENING OPERATIONS

The Committee recommends $4,395,195,000 for TSA screening 

operations, $79,922,000 below the amount requested and 

$459,485,000 above the fiscal year 2009 level, excluding funds appropriated in the Stimulus Act. 

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

SCREENING OPERATIONS 

[In thousands of dollars] 

Fiscal year 2009 enactedFiscal year 2010 

budget request 

Committee recommendations 

Privatized Screening Airports ......................................................... 151,272 149,643 149,643 

Passenger and baggage screener personnel, compensation and 

benefits ...................................................................................... 2,716,014 2,788,575 2,758,575 

Screener Training and Other ......................................................... 197,318 203,463 203,463 

Checkpoint Support ........................................................................ 250,000 128,739 128,739 

Explosives Detection Systems/Explosives Trace Detection [EDS/ 

ETD]: 

EDS/ETD purchase and installation ..................................... 294,000 856,591 806,669 

Screening technology maintenance and utilities ................. 305,625 326,625 326,625 

Operation integration ............................................................ 21,481 21,481 21,481 
56 

SCREENING OPERATIONS—Continued 

[In thousands of dollars] 

Fiscal year 2009 enactedFiscal year 2010 

budget request 

Committee recommendations 

Subtotal, EDS/ETD systems .............................................. 621,106 1,204,697 1,154,775 

Emergency Appropriations (Public Law 111–5) ............... 1,000,000 ............................ ............................

Total, Screening Operations ............................................. 4,935,710 4,475,117 4,395,195 

Appropriations .................................................................. 3,935,710 4,475,117 4,395,195 

Emergency Appropriations (Public Law 111–5) ............... 1,000,000 ............................ ............................

PRIVATIZED SCREENING AIRPORTS

The Committee recommends $149,643,000 for privatized screening airports, the same amount as requested in the budget and 

$1,629,000 below the fiscal year 2009 level. This reduction reflects 

cost savings in contracts that were recently renegotiated. To date, 

nine airports and one heliport across the country have chosen to 

use privatized screening in lieu of Federal screening. The Committee is concerned with the current acquisition process for the 

Screening Partnership Program, which has led to considerable confusion among airports and qualified security providers. The Committee is particularly concerned with delays in transitioning to 

privatized screening for the seven Essential Airport Service airports in Montana and directs TSA to complete this competitive 

award no later than July 15, 2009. The Committee expects the incoming Administrator to prioritize the improvement of this process. 

TSA is directed to approve applications for those airports that 

are seeking to participate in the screening partnership program 

when Government estimates indicate that contract screening can 

be provided at that location in a cost-effective manner. TSA shall 

notify the Committees if the agency expects to spend less than the 

appropriated amount due to situations where no additional airports 

express interest in converting, either fully or partially, to 

privatized screening, or where airports currently using privatized 

screening convert to using Federal screeners. TSA shall adjust its 

PPA line items, and notify the Committees within 10 days, to account for any changes in private screening contracts, including new 

awards under the screening partnership program, or the movement 

from privatized screening into Federal screening. 

PASSENGER AND BAGGAGE SCREENER PERSONNEL, COMPENSATION

AND BENEFITS

The Committee recommends $2,758,575,000 for passenger and 

baggage screener personnel, compensation, and benefits, 

$30,000,000 below the amount requested and $42,561,000 above 

the fiscal year 2009 level. The recommendation includes requested 

adjustments for pay increases and the expansion of the bomb appraisal officer program by 109 positions and 55 FTE. 

The amount recommended under this heading includes $211,861,214 for behavior detection officers in fiscal year 2010, an 

increase of $13,524,587 above the fiscal year 2009 level and 

$14,000,000 below the request. The intent of the Screening Pas-
57 

sengers by Observation Techniques [SPOT] program is for behavior 

detection officers to observe passengers’ behavior, specifically for 

signs of hostile intent, and pull those passengers aside for additional questioning and screening. While TSA has dramatically increased the size and scope of SPOT, resources are not currently 

tied to specific program goals and objectives. TSA did not comply 

with a requirement in Senate Report 110–396, which was to develop improved performance measures for SPOT to justify such a 

large ramp up in FTE and include them in fiscal year 2010 congressional budget justification. The Committee directs TSA to report, no later than 60 days after the date of enactment of this act, 

on: (1) the scientific basis for using behavior pattern recognition 

techniques to observe airline passengers for signs of hostile intent; 

(2) the effectiveness of the SPOT program in meeting its goals and 

objectives; and (3) the justification for expanding the program. The 

report shall be made in a classified or unclassified format, as appropriate. The Government Accountability Office [GAO] shall review the report and provide its findings to the Committee no later 

than 120 days after the SPOT report is submitted to the Committee. 

The Committee also includes a reduction of $16,000,000 from the 

amount requested due to TSA’s consistent carryover in this account. TSA’s carryover balance at the end of fiscal year 2008 was 

$129,761,111. TSA shall propose a budget account structure in fiscal year 2011 that allows for a 1-year appropriation for salaries 

and expenses. 

SCREENER TRAINING AND OTHER

The Committee recommends $203,463,000 for screener training 

and other, the same amount as requested in the budget and 

$6,145,000 above the fiscal year 2009 level. Funds are provided to 

support training of Transportation Security Officers [TSOs] and 

other direct costs associated with TSO operations, such as: 

consumable supplies, checkpoint janitorial services, travel for the 

National Deployment Force, uniform allowance, hazardous materials disposal, and a model workforce program. The recommended 

amount includes requested adjustments for pay increases, bottled 

liquids scanning equipment, and training to support additional 

bomb appraisal officers. 

The Committee encourages TSA to expand training and continuing educational and professional development opportunities to 

the TSA TSO workforce. 

CHECKPOINT SUPPORT

The Committee recommends $128,739,000 for checkpoint support, the same amount requested in the budget and $121,261,000 

below the fiscal year 2009 level. Funds are provided to field test 

and deploy equipment for passenger screening, carry-on baggage 

screening, checkpoint reconfiguration, and electronic surveillance of 

checkpoints. Since fiscal year 2007, $998,370,000 has been funded 

for checkpoint screening technologies. Between the recommended 

amount and unobligated prior-year balances, sufficient funding is 

available for TSA to meet its goal of achieving full operating capability of emerging technologies that can provide significant im-
58 

provements in threat detection at passenger checkpoints. No later 

than September 30, 2010, TSA is to move to a fully competitive 

procurement process for checkpoint security equipment. TSA shall 

provide the Committee with periodic updates on its progress to 

meet this requirement. 

WHOLE BODY IMAGING

The Committee is encouraged by significant technological advances made to checkpoint technologies that greatly increase TSA’s 

ability to detect concealed and non-metallic weapons and explosives. It is critically important that these screening technologies 

are deployed in order to address changing and evolving threats to 

air passengers and crew members. While new technologies provide 

greater protection to the traveling public, it is equally necessary to 

safeguard privacy. Within 60 days after the date of enactment of 

this act, the Committee directs TSA to report to the Committees 

on Appropriations the details and strategy for a comprehensive program to ensure passenger privacy related to Whole Body Imaging 

[WBI]. At a minimum, this strategy should include: off-site monitoring; adequate privacy safeguards by software or other means; 

procedures to prohibit storing, transferring, or copying any images 

produced by the machines; and a concept of operations plan for 

those passengers that choose a physical search rather than the 

WBI screening. 

EXPLOSIVES DETECTION SYSTEMS

The Committee recommends $806,669,000 in discretionary appropriations for the purchase and installation of explosives detection 

systems/explosives trace detection at airports, $49,922,000 below 

the amount requested in the budget and $512,669,000 above the 

fiscal year 2009 level, excluding funds appropriated in the Stimulus 

Act. TSA has already received funding applications from 36 airports that could be funded with this amount and is encouraging 22 

other airports with near to mid-term projects to apply. TSA has informed the Committee that due to lower than expected costs for 

airports being funded with appropriations from the Stimulus Act, 

several airports taking part in the fiscal year 2010 funding application process will be accelerated using funds previously appropriated. Therefore, the Committee makes a modest reduction below 

the request level. Within the funds provided, not less than 28 percent shall be available to procure and deploy certified explosives 

detection systems at medium- and small-sized airports. An additional $250,000,000 in mandatory spending will be available for 

these activities from Aviation Security Capital Fund fee collections. 

No later than September 30, 2010, TSA is to move to a fully competitive procurement process for EDS equipment. TSA shall provide the Committee with periodic updates on its progress to meet 

this requirement. 

EXPENDITURE PLANS FOR EDS/CHECKPOINT TECHNOLOGIES

The Committee includes statutory language under the Transportation Security Support appropriation restricting $20,000,000 from 

being obligated for headquarters administration until the Secretary 
59 

submits to the Committee, no later than 60 days after the date of 

enactment of this act, detailed expenditure plans for checkpoint security and EDS refurbishment, procurement, and installations on 

an airport-by-airport basis for fiscal year 2010. TSA shall provide 

quarterly updates on EDS and checkpoint expenditures, including 

specific technologies for purchase, project timelines, a schedule for 

obligation, and a table detailing actual versus anticipated unobligated balances at the close of the fiscal year, with an explanation 

of any deviation from the original plan. 

The Committee does not include statutory language requested in 

the budget that would provide TSA with the authority to alter the 

Federal share of in-line baggage system projects. The proposed legislation is an authorizing matter and not under the jurisdiction of 

the Appropriations Committee. 

INSTALLATION OF OPTIMAL BAGGAGE SCREENING SYSTEMS AND FTE

SAVINGS

From fiscal years 2007 to 2009, over $2,600,000,000 has been appropriated for TSA’s electronic baggage screening program. The 

Committee provides an additional $806,669,000 for fiscal year 

2010. This funding is being used to deploy systems that are ‘‘inline’’ with baggage conveyor systems and are therefore less labor 

intensive and more efficient than machines deployed quickly after 

9/11 to meet the 100 percent screening mandate. TSA shall report 

to the Committee, in tandem with the fiscal year 2011 budget, on 

savings achieved and anticipated (by fiscal year) from the installation of new optimal systems. The report shall specifically address 

FTE savings. 

AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS FOR IN-LINE

BAGGAGE SYSTEM DEPLOYMENT

As required by the 9/11 Act, TSA is to give funding consideration 

to airports that incurred eligible costs for EDS and that were not 

recipients of funding agreements. The fiscal year 2010 EDS expenditure plan shall identify airports eligible for funding pursuant 

to section 1604(b)(2) of Public Law 110–53 and funding, if any, allocated to reimburse those airports. 

SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES

The Committee recommends $326,625,000 for screening technology maintenance and utilities, the same amount as requested in 

the budget and $21,000,000 above the fiscal year 2009 level. This 

amount includes an increase of $19,000,000 for increases to maintenance costs for higher-than-projected quantities of security equipment and $2,000,000 for increased reimbursements for the utility 

costs associated with TSA screening equipment. 

OPERATION INTEGRATION

The Committee recommends $21,481,000 for operation integration, the same amount requested in the budget and the same as 

the fiscal year 2009 level. Funds are provided to test, evaluate, and 

analyze pre-production or production representative systems under 
60 

realistic conditions, including operation by those who will use the 

equipment in the field in a variety of environmental conditions. 

AVIATION SECURITY DIRECTION AND ENFORCEMENT

The Committee recommends $842,633,000 for aviation direction 

and enforcement, an increase of $43,825,000 from the fiscal year 

2009 level and $6,900,000 above the request. 

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

AVIATION DIRECTION AND ENFORCEMENT 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Aviation regulation and other enforcement ................................... 245,268 254,064 254,064 

Airport management and support ................................................. 401,666 448,424 448,424 

Federal flight deck officer and flight crew training ..................... 25,025 25,127 25,127 

Air cargo ........................................................................................ 122,849 108,118 115,018 

Airport perimeter security .............................................................. 4,000 ............................ ............................

Total, Aviation Security Direction and Enforcement ........ 798,808 835,733 842,633 

AVIATION REGULATION AND OTHER ENFORCEMENT

The Committee recommends $254,064,000 for aviation regulation and other enforcement, an increase of $8,796,000 from the fiscal 

year 2009 level and the same amount as requested in the budget. 

Funds are provided for law enforcement and regulatory activities 

at airports to: ensure compliance with required security measures, 

respond to security incidents, and provide international support for 

worldwide security requirements. The Committee recommendation 

includes funding for pay increases and annualization of funding enacted in prior years to implement requirements of the 9/11 Act. 

The Committee understands that TSA is currently working with 

stakeholders to develop a modified Large Aircraft Security Program 

rule that minimizes adverse effects on general aviation while addressing security concerns. The Committee also understands that 

after this consultation TSA plans to issue a new notice of proposed 

rulemaking to ensure additional public comment. The Committee 

agrees with TSA’s deliberative approach to this issue and encourages TSA to weigh the costs and benefits associated with this new 

security mandate for general aviation operators and airports. 

AIRPORT MANAGEMENT AND SUPPORT

The Committee recommends $448,424,000 for airport management and support, an increase of $46,758,000 from the fiscal year 

2009 level and the same amount as requested in the budget. Funds 

are provided for: the workforce to support TSA Federal security directors; the Transportation Security Operations Center; airport 

rent and furniture; a vehicle fleet; airport parking; transit benefits; 

and the development and deployment of an electronic time, attendance, and scheduling system. The recommended increase includes 

adjustments for pay, an increase for transit benefits, a staffing increase to Federal security directors, and management support for 

additional bomb appraisal officers. 
61 

FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING

PROGRAMS

The Committee recommends $25,127,000 for Federal flight deck 

officer and flight crew training programs, an increase of $102,000 

from the fiscal year 2009 level and the same amount proposed in 

the budget request. Funds are provided to deputize qualified airline 

pilots who volunteer to be Federal law enforcement officers. This 

program provides initial and recurrent law enforcement training. 

Funds are also provided for the Crew Member Self-Defense Training program for the purpose of teaching crew members basic self 

defense concepts and techniques. 

AIR CARGO

The Committee recommends $115,018,000 for air cargo security 

activities, an increase of $6,900,000 above the request and 

$7,831,000 below the fiscal year 2009 level. Funds are provided to 

secure the air cargo supply chain, conveyances, and people. To 

achieve the 100 percent screening mandate in the 9/11 Act, TSA 

has created the Certified Cargo Screening Program [CCSP], which 

allows air cargo supply chain stakeholders (shippers, manufacturers, logistics companies, warehouses, and indirect air carriers) to 

screen air cargo downstream prior to arriving at the airport. It is 

estimated that approximately 8,000 to 15,000 entities will participate in the CCSP, increasing TSA ‘‘inspectable’’ locations. The increase provided above the request is for 50 additional air cargo inspectors to address the additional inspection workload and other 

regulatory responsibilities for air cargo. This is consistent with 

findings of the GAO. In testimony given on March 18, 2009, (GAO– 

09–422T), GAO stated that ‘‘TSA’s limited inspection resources 

may also hamper its ability to oversee the thousands of additional 

entities that it expects to participate in the CCSP’’. The Committee 

recommendation also includes an additional $10,000,000 within the 

Science and Technology Directorate to develop air cargo screening 

technologies. 

The Committee acknowledges the Transportation Security Administration’s efforts to assist the fresh fruit industry comply with 

new cargo scanning requirements. The Committee encourages the 

Transportation Security Administration to continue its efforts and 

to expedite the development and approval of efficient and effective 

cargo screening technology. 

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

TSA shall submit an expenditure plan to the Committee on the allocation of air cargo funds, including carryover. Because a similar 

plan for fiscal year 2009 has not been submitted, $20,000,000 is 

withheld from obligation for headquarters administration until the 

fiscal year 2010 plan is submitted. 

AIR CARGO STATISTICS QUARTERLY REPORT

The Committee directs TSA to continue to report quarterly on air 

cargo screening statistics, to note incremental progress until 100 

percent screening is met, and any reason for non-compliance. The 

Committee directs TSA to take all possible measures to ensure air 
62 

carriers are submitting data consistent with current security directives, including enforcement action for non-compliance. 

AIRPORT PERIMETER SECURITY

The goal of the airport perimeter security program is to identify 

and secure gaps in airport perimeters. TSA has been slow to obligate funding appropriated in fiscal years 2008 and 2009 to test and 

assess viable technologies to improve security in this area. As of 

April 30, 2009, $5,688,361 of the $8,000,000 appropriated for this 

purpose remained unobligated. No later than 90 days after the date 

of enactment of this act, TSA shall brief the Committee on results 

of airport perimeter security projects, including plans to implement 

viable solutions at airports. 

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

The recommendation includes funding to support various activities and requirements authorized in the 9/11 Act, including 

$806,669,000 for the procurement and installation of explosives detection systems at airports; $128,739,000 for checkpoint and 

checked baggage screening systems at airports; $115,018,000 for 

air cargo security; and $80,000,000 for Visible Intermodal Protection and Response [VIPR] teams, including an additional 

$50,000,000 for VIPR teams dedicated solely to surface transportation. Funding in fiscal year 2010 also includes $40,259,000 to annualize funding added by Congress in fiscal years 2008 and 2009 

for such activities as: Security Regulations, Strategies, Reports and 

Studies; Vulnerability and Threat Assessments; Name Based 

Checks; Inter-Modal Security Training and Exercise Program; Information Sharing and Analysis Center for Transportation Security; General Aviation; and additional Surface Transportation Security Inspectors. 

SURFACE TRANSPORTATION SECURITY

Appropriations, 2009 ............................................................................. $49,606,000 

Budget estimate, 2010 ........................................................................... 128,416,000 

Committee recommendation ................................................................. 142,616,000 

Surface transportation security provides funding for personnel 

and operational resources to assess the risk of a terrorist attack on 

non-aviation modes, standards and procedures to address those 

risks, and to ensure compliance with established regulations and 

policies. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $142,616,000, for surface transportation security, an increase of $93,010,000 from the fiscal year 2009 

level and $14,200,000 above the budget request. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels: 
63 

SURFACE TRANSPORTATION SECURITY 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Staffing and Operations ................................................................ 24,885 42,293 42,293 

Surface Transportation Security Inspectors and Canines ............. 24,721 86,123 100,323 

Total, Surface Transportation Security ............................. 49,606 128,416 142,616 

SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS

The Committee recommends $42,293,000 for surface transportation security staffing and operations, an increase of $17,408,000 

from the fiscal year 2009 level and the same amount proposed in 

the budget request. Funds are provided for personnel and operational resources to: assess the risk of a terrorist attack on nonaviation modes; establish standards and procedures to address 

those risks; and ensure compliance with established regulations 

and policies. The recommended increase is for adjustments for pay 

and to annualize funding added by Congress in fiscal years 2008 

and 2009 for implementation of 9/11 Act requirements. 

SURFACE TRANSPORTATION SECURITY INSPECTORS AND CANINES

The Committee recommends $100,323,000 for surface transportation security inspectors and canines, an increase of $75,602,000 

from the fiscal year 2009 level and $14,200,000 above the amount 

requested in the budget. 

The Committee recommendation includes the requested increase 

of $50,000,000 and 338 positions for 15 new Visible Intermodal 

Prevention and Response [VIPR] teams for surface transportation 

security. Currently there are 10 permanent VIPR teams deployed 

to disrupt and deter potential terrorist activity across all modes of 

transportation. TSA has failed to provide the Committee with a fiscal year 2009 requirement contained in Senate Report 110–396 on 

performance standards associated with the VIPR program, methodology used to determine the distribution of VIPR resources and personnel among the various modes of transportation, and the results 

of fiscal year 2008 deployments. TSA has yet to determine the combination of positions for the new teams, which have historically 

been comprised of surface inspectors, Federal air marshals, and 

transportation security officers. The Committee expects that none 

of the additional funds provided in this act for VIPR teams will be 

expended until TSA provides an expenditure plan associated with 

the additional $50,000,000 and complies with the VIPR requirements detailed in Senate Report 110–396. 

The Committee recommendation also includes $14,200,000 above 

the request for 100 new surface transportation inspectors bringing 

the total Surface Transportation Security Inspector workforce to 

325. These additional positions will allow TSA to fulfill 9/11 Act 

mandates, such as: increasing compliance inspections; conducting 

system security evaluations; threat and vulnerability inspections; 

and responding to surface transportation security incidents. The 

DHS Inspector General, in report OIG–09–24, concluded that ‘‘TSA 
64 

would benefit from expanding the TSI workforce to handle new duties and to augment thinly staffed field offices.’’ 

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

Appropriations, 2009 ............................................................................. $116,018,000 

Budget estimate, 2010 ........................................................................... 191,999,000 

Committee recommendation ................................................................. 171,999,000 

Transportation threat assessment and credentialing includes several TSA credentialing programs: Secure Flight, Crew Vetting, 

Screening Administration and Operations, Registered Traveler, 

Transportation Worker Identification Credential, Hazardous Materials Commercial Drivers License Endorsement Program, and Alien 

Flight School. 

COMMITTEE RECOMMENDATIONS

The Committee recommends a direct appropriation of $171,999,000 for transportation threat assessment and 

credentialing, an increase of $55,981,000 from the fiscal year 2009 

level and $20,000,000 below the budget request. In addition, an estimated $28,000,000 in fee collections are available for these activities in fiscal year 2010, as proposed in the budget. 

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

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Appropriations: 

Secure Flight ......................................................................... 82,211 84,363 84,363 

Crew and Other Vetting ........................................................ 33,807 107,636 87,636 

Total Appropriations, Threat Assessment and 

Credentialing ................................................................ 116,018 191,999 171,999 

Fee accounts: 

Registered Traveler Program ................................................ 10,000 ............................ ............................

Transportation Worker Identification Credential ................... 9,000 9,000 9,000 

Hazardous Materials ............................................................. 18,000 15,000 15,000 

Alien Flight School fees 1 ...................................................... 3,000 4,000 4,000 

Total Fees, Transportation Threat Assessment and 

Credentialing ................................................................ 40,000 28,000 28,000 

1 By transfer from the Department of Justice. 

SECURE FLIGHT

The Committee recommends $84,363,000 for Secure Flight, 

$2,152,000 above the fiscal year 2009 level and the same as the 

budget request. As outlined by the Intelligence Reform Act, this 

program moves the responsibility of airline passenger watch list 

matching from the air carriers to the Federal Government. Pursuant to section 512 of the Department of Homeland Security Appropriations Act, 2009, GAO assessed the extent to which TSA met 10 

statutory conditions related to the development and implementation of the Secure Flight program. In May 2009, GAO reported that 

TSA had generally achieved 9 of the 10 statutory conditions related 
65 

to the development of the Secure Flight program and had conditionally achieved 1 condition related to the appropriateness of lifecycle cost estimates and program plans. The Committee remains 

concerned with risks to the program identified by GAO in its report. Therefore, TSA is directed to report on the progress it has 

made in addressing GAO’s recommendations related to Secure 

Flight’s name-matching system and assessing the impact of modifications to Computer-Assisted Passenger Prescreening System 

rules on air carriers. TSA shall also report on actions it has taken 

to develop appropriate life-cycle cost and schedule estimates for the 

Secure Flight program and to address the security concern related 

to passengers who could attempt to provide fraudulent information 

when making an airline reservation to avoid detection. TSA shall 

submit its report to the Committees on Appropriations no later 

than 90 days after the enactment of this act. 

CREW AND OTHER VETTING PROGRAMS

The Committee recommends $87,636,000 for Crew and Other 

Vetting Programs, $53,829,000 above the fiscal year 2009 level and 

$20,000,000 below the budget request. 

The Committee recommendation includes funds as requested for 

9/11 Act implementation, specifically for development of a webbased enrollment system and integration into the Security Threat 

Assessment process. 

The Committee supports TSA’s efforts to modernize its vetting 

and credentialing infrastructure, which is currently made up of disconnected and duplicative systems. This has resulted in high system complexity, and lengthy adjudication processes due to manual 

reviews. However, TSA is still in the early stages of this acquisition, which is estimated to have a 10-year cost of over 

$570,500,000. Several key acquisition decisions have yet to be 

made as they are still going through Departmental review. In addition, TSA is currently developing its proof of principle prototype 

(Phase One), which is to be completed in October 2009 and is to 

provide TSA with a proposed acquisition strategy and associated 

acquisition risk reduction measures. The results of Phase One are 

essential before large sums of money can be committed to develop 

and deploy a target solution. Therefore, the Committee recommendation includes $56,500,000 instead of $76,500,000 requested in the budget. 

TRANSPORTATION SECURITY SUPPORT

Appropriations, 2009 ............................................................................. $947,735,000 

Budget estimate, 2010 ........................................................................... 1,004,580,000 

Committee recommendation ................................................................. 999,580,000 

The transportation security support account supports the operational needs of TSA’s extensive airport/field personnel and infrastructure. Transportation security support includes: headquarters’ 

personnel, pay, benefits and support; intelligence; mission support 

centers; human capital services; and information technology support. 
66 

COMMITTEE RECOMMENDATION

The Committee recommends $999,580,000 for transportation security support activities, an increase of $51,845,000 from the fiscal 

year 2009 level and $5,000,000 below the budget request. 

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

TRANSPORTATION SECURITY SUPPORT—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Intelligence ........................................................................................... 21,961 28,203 28,203 

Headquarters Administration ............................................................... 234,870 248,929 248,929 

Information Technology ........................................................................ 472,799 501,110 496,110 

Human Capital Services ...................................................................... 218,105 226,338 226,338 

Total, Transportation Security Support .................................. 947,735 1,004,580 999,580 

INTELLIGENCE

The Committee recommends $28,203,000 for the Office of Intelligence, an increase of $6,242,000 above the fiscal year 2009 level 

and the same level as the budget request. The recommendation includes requested increases for pay, additional intelligence analytical support staffing, and 9/11 Act implementation. 

HEADQUARTERS ADMINISTRATION

The Committee recommends $248,929,000 for headquarters administration, an increase of $14,059,000 from the fiscal year 2009 

level and the same level as requested in the budget. The recommendation includes requested adjustments for pay, 9/11 Act implementation, and background investigations. 

The Committee includes bill language withholding the obligation 

of $20,000,000 for headquarters administration until expenditure 

plans for air cargo security, explosives detection systems procurement and installation, and checkpoint support are provided to the 

Committee. 

INFORMATION TECHNOLOGY

The Committee recommends $496,110,000 for information technology, an increase of $23,311,000 from the fiscal year 2009 level 

and $5,000,000 below the amount requested in the budget. The recommendation includes adjustments as requested for pay, TSA’s 

electronic time attendance system, working capital fund costs, and 

information technology purchases such as new secure multi-channel land mobile radios. The Committee includes $6,400,000 for data 

center migration, $5,000,000 below the request. The reduction reflects funding that will not be expended until fiscal year 2011. 

HUMAN CAPITAL SERVICES

The Committee recommends $226,338,000 for human capital 

services, an increase of $8,233,000 from the fiscal year 2009 level 

and the same level as requested in the budget. 
67 

COVERT TESTING

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

these activities. 

RISK-BASED DECISIONMAKING AND BUDGETING

The Committee notes that TSA has not submitted a report required in the joint explanatory statement accompanying the Department of Homeland Security Act, 2009, related to risk analysis 

and resource allocation. The Committee expects this report to be 

submitted expeditiously and continued on an annual basis as detailed in Senate Report 110–396. This annual submission shall be 

made in classified or unclassified formats, as appropriate. 

FEDERAL AIR MARSHALS

Appropriations, 2009 ............................................................................. $819,481,000 

Budget estimate, 2010 ........................................................................... 860,111,000 

Committee recommendation ................................................................. 860,111,000 

The Federal Air Marshals [FAMs] protect the air transportation 

system against terrorist threats, sabotage, and other acts of violence. The FAMs account provides funds for the salaries, benefits, 

travel, training, and other expenses of the program. 

COMMITTEE RECOMMENDATION

The Committee recommends $860,111,000, an increase of 

$40,630,000 from the fiscal year 2009 level and the same level as 

requested in the budget. The recommendation includes the requested increase to fully annualize fiscal year 2009 appropriations 

for sustainment of international operations. 

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

FEDERAL AIR MARSHALS 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Management and Administration .................................................. 725,081 762,569 762,569 

Travel and Training ....................................................................... 94,400 97,542 97,542 

Total, Federal Air Marshals .............................................. 819,481 860,111 860,111 

COAST GUARD

SUMMARY

The Coast Guard’s primary responsibilities are the enforcement 

of all applicable Federal laws on the high seas and waters subject 

to the jurisdiction of the United States; promotion of safety of life 

and property at sea; assistance to navigation; protection of the marine environment; and maintenance of a state of readiness to function as a specialized service in the Navy in time of war, as authorized by sections 1 and 2 of title 14, United States Code. 
68 

The Commandant of the Coast Guard reports directly to the Secretary of the Department of Homeland Security. 

COMMITTEE RECOMMENDATIONS

The Committee recommends a total program level of 

$10,244,551,000 for the activities of the Coast Guard for fiscal year 

2010. 

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

COAST GUARD—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Operating Expenses ....................................................................... 6,194,925 6,556,188 6,838,291 

Environmental Compliance and Restoration ................................. 13,000 13,198 13,198 

Reserve Training ............................................................................ 130,501 133,632 133,632 

Acquisition, Construction, and Improvements ............................... 1,494,576 1,383,980 1,597,580 

Emergency Appropriations (Public Law 111–5) ................... 98,000 ............................ ............................

Alteration of Bridges ...................................................................... 16,000 ............................ 4,000 

Emergency Appropriations (Public Law 111–5) ................... 142,000 ............................ ............................

Research, Development, Test and Evaluation ............................... 18,000 19,745 29,745 

Health Care Fund Contribution (Permanent Indefinite Appropriations) ......................................................................................... 257,305 261,000 261,000 

Retired Pay (mandatory) ................................................................ 1,236,745 1,361,245 1,361,245 

Total, United States Coast Guard .................................... 9,601,052 9,728,988 10,238,091 

Appropriations .................................................................. 9,361,052 9,728,988 10,238,091 

Emergency Appropriations (Public Law 111–5) ............... 240,000 ............................ ............................

The Coast Guard will pay an estimated $261,000,000 in fiscal 

year 2010 to the Medicare-Eligible Retiree Health Care Fund for 

the costs of military, Medicare-eligible health benefits earned by its 

uniformed service members. The contribution is funded by permanent, indefinite discretionary authority pursuant to the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375). 

OPERATING EXPENSES

Appropriations, 2009 ............................................................................. $6,194,925,000 

Budget estimate, 2010 ........................................................................... 6,556,188,000 

Committee recommendation ................................................................. 6,838,291,000 

The Operating Expenses appropriation provides funds for the operation and maintenance of multipurpose vessels, aircraft, and 

shore units strategically located along the coasts and inland waterways of the United States and in selected areas overseas. The program activities of this appropriation fall into the following categories: 

Search and Rescue.—As one of its earliest and most traditional 

missions, the Coast Guard maintains a nationwide system of boats, 

aircraft, cutters, and rescue coordination centers on 24-hour alert. 

Aids to Navigation.—To help mariners determine their location 

and avoid accidents, the Coast Guard maintains a network of 

manned and unmanned aids to navigation along the Nation’s 

coasts and on its inland waterways. In addition, the Coast Guard 
69 

operates radio stations in the United States and abroad to serve 

the needs of the armed services and marine and air commerce. 

Marine Safety.—The Coast Guard ensures compliance with Federal statutes and regulations designed to improve safety in the 

merchant marine industry and operates a recreational boating safety program. 

Marine Environmental Protection.—The primary objectives of the 

marine environmental protection program are to minimize the dangers of marine pollution and to assure the safety of ports and waterways. 

Enforcement of Laws and Treaties.—The Coast Guard is the principal maritime enforcement agency with regard to Federal laws on 

the navigable waters of the United States and the high seas, including fisheries, drug smuggling, illegal immigration, and hijacking of vessels. 

Ice Operations.—In the Arctic and Antarctic, Coast Guard icebreakers escort supply ships, support research activities and Department of Defense operations, survey uncharted waters, and collect scientific data. The Coast Guard also assists commercial vessels through ice-covered waters. 

Defense Readiness.—During peacetime, the Coast Guard maintains an effective state of military preparedness to operate as a 

service in the Navy in time of war or national emergency at the 

direction of the President. As such, the Coast Guard has primary 

responsibility for the security of ports, waterways, and navigable 

waters up to 200 miles offshore. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $6,838,291,000 for Coast Guard Operating Expenses, including $24,500,000 from the Oil Spill Liability 

Trust Fund and $581,503,000 for Coast Guard defense-related activities. Of this amount, the Committee recommends not to exceed 

$20,000 for official reception and representation expenses. The recommended amount is $282,103,000 above the request and $643,366,000 above the fiscal year 2009 level (excluding 

$241,503,000 transferred or otherwise made available for overseas 

contingency operations). 

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

OPERATING EXPENSES 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Military Pay and Allowances: 

Military Pay and Allowances ................................................. 2,576,170 2,708,923 2,718,963 

Military Health Care .............................................................. 352,469 371,372 372,524 

Permanent Change of Station .............................................. 133,024 164,566 164,468 

Subtotal, Military Pay and Allowances ............................ 3,061,663 3,244,861 3,255,955 

Civilian Pay and Benefits .............................................................. 645,350 699,594 700,042 

Training and Recruiting: 

Training and Education ........................................................ 95,989 103,388 103,668 

Recruiting and Training Centers .......................................... 99,930 102,582 102,761 
70 

OPERATING EXPENSES—Continued 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Subtotal, Training and Recruiting ................................... 195,919 205,970 206,429 

Operating Funds and Unit Level Maintenance: 

Atlantic Area Command ........................................................ 175,823 177,474 177,474 

Pacific Area Command ......................................................... 196,112 195,943 195,943 

1st District ............................................................................ 59,069 60,074 60,139 

5th District ............................................................................ 21,792 21,941 21,976 

7th District ............................................................................ 77,391 78,338 78,366 

8th District ............................................................................ 46,916 49,276 49,506 

9th District ............................................................................ 31,595 31,672 31,733 

11th District .......................................................................... 17,645 17,641 17,769 

13th District .......................................................................... 22,931 23,060 23,126 

14th District .......................................................................... 19,099 19,289 19,289 

17th District .......................................................................... 30,979 29,829 30,531 

Headquarter Directorates ...................................................... 318,642 285,193 288,584 

Headquarter Managed Units ................................................. 158,616 158,901 159,236 

Other Activities ..................................................................... 796 882 897 

Subtotal, Operating funds and unit level maintenance .. 1,177,406 1,149,513 1,154,569 

Centrally-managed accounts ......................................................... 262,294 353,071 354,874 

Intermediate and Depot Level Maintenance: 

Aeronautical .......................................................................... 312,595 365,291 376,394 

Electronic .............................................................................. 134,055 155,101 157,773 

Civil/Ocean Engineering & Shore Facilities .......................... 179,343 180,929 184,769 

Vessel .................................................................................... 197,800 201,858 205,983 

Subtotal, Intermediate and depot level maintenance ..... 823,793 903,179 924,919 

Port and maritime safety and security enhancements ................. 23,500 ( 1 ) ( 1 ) 

Aviation mission-hour gap ............................................................ 5,000 ( 1 ) ( 1 ) 

Subtotal, Operating Expenses .......................................... 6,194,925 6,556,188 6,596,788 

Overseas contingency operations .................................................. ............................ ............................ 241,503 

Total, Operating Expenses ................................................ 6,194,925 6,556,188 6,838,291 

1 Funded in traditional programs, projects, and activities. 

OVERSEAS CONTINGENCY OPERATIONS

The Committee provides $241,503,000 for Coast Guard operations in support of overseas contingency operations requirements. 

Funding for these activities was requested in the Department of 

Defense budget for the Navy. This is the same amount expected in 

fiscal year 2009 ($112,000,000 appropriated in Public Law 110–252 

to Navy ‘‘Operation and Maintenance’’ for transfer to the Coast 

Guard; and $129,503,000 included in the conference report accompanying the Supplemental Appropriations Act, 2009 for Coast 

Guard ‘‘Operating Expenses’’). The Committee urges the administration to budget for Coast Guard overseas contingency operations 

under the Department of Homeland Security in future budget requests. 
71 

FINANCIAL MANAGEMENT OVERSIGHT

The Committee recommends an increase of $20,000,000 and 44 

FTE to carry out the Coast Guard’s Financial Strategy for Transformation and Audit Readiness, the same level as proposed in the 

budget request. This amount will allow the Coast Guard to address 

material weaknesses preventing accurate, complete, and timely financial information. These weaknesses have contributed greatly to 

the inability of financial auditors to provide an opinion on the Department’s balance sheets. The Coast Guard shall periodically update the Committee on progress made toward attaining a clean 

audit. 

MARINE SAFETY

The Committee recommends an increase of $7,500,000 and 37 

FTE for the Coast Guard’s marine safety program, the same level 

as proposed in the budget request. This amount will expand the 

Coast Guard’s marine safety workforce, which has remained relatively stagnant in previous years. 

BIOMETRICS AT SEA

The Committee recommends an increase of $1,183,000 and 2 

FTE to expand Coast Guard efforts to identify dangerous individuals documented by the US-VISIT program, the same level as proposed in the budget request. This effort expands on a pilot project 

that resulted in a nearly 75 percent reduction in undocumented migrant flow from the Dominican Republic. 

PROJECT SEAHAWK

The Committee recommends an increase of $1,088,000 and 1 

FTE for Project Seahawk, the Interagency Operations Center in 

Charleston, South Carolina, the same level as proposed in the 

budget request. Project Seahawk is a multi-agency effort at the 

Federal, State, and local level to improve maritime domain awareness. This amount will pay for administrative services, facility support, information and communications system hardware maintenance, and software licensing and support. The Department of Justice will continue to administer the center through fiscal year 2009. 

The Coast Guard, as executive agent, will assume responsibility for 

administering the center in fiscal year 2010. The Committee notes 

that the information management component of the Interagency 

Operations Center Project, ‘‘WatchKeeper’’, will facilitate virtual 

participation for agencies that choose not to continue physical collocation at the Seahawk facility. 

DATA CENTER MIGRATION

The Committee recommends an increase of $20,400,000 for the 

migration of data systems to the Department of Homeland Security 

Data Center One, $2,000,000 below the amount requested in the 

budget. This effort is part of a Department-wide plan to consolidate 

existing component data centers into two secure, geographically diverse locations. 
72 

LONG RANGE AIDS TO NAVIGATION-C

The Department’s budget request proposes to terminate Loran-C 

stations on the basis that the system ‘‘is no longer required by the 

armed forces, the transportation sector, or the Nation’s security interests, and is used only by a small segment of the population.’’ 

The justification goes on to say that ‘‘the Loran-C system was not 

established as, nor was it intended to be, a viable systematic 

backup for GPS.’’ The Committee believes additional time is needed 

for the Department to fully evaluate the need for a GPS backup 

system and the impact that decision will have on Loran-C. A general provision is included continuing funding for Loran-C through 

January 4, 2010. Loran-C operations shall continue beyond that 

date only if the Commandant of the Coast Guard certifies that: (1) 

the termination of the Loran-C signal will not adversely impact the 

safety of maritime navigation; and (2) the Loran-C system infrastructure is not needed as a back-up to GPS or any other Federal 

navigation requirement. If the Commandant makes such a certification, the Loran-C signal shall be terminated effective January 4, 

2010, and the Coast Guard shall commence a phased decommissioning of the Loran-C infrastructure. 

NATIONAL MARITIME CENTER

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

OPERATIONS SYSTEMS CENTER

The recommendation includes $3,600,000 above the request for 

customized tenant improvements in conjunction with the Operations Systems Center [OSC] expansion project. The OSC continues 

to experience steady growth in both the number of systems being 

developed and the number of people required to support those systems. Currently, 500 Government and contractor personnel work at 

the OSC. The existing main facility space has been at capacity for 

4 years and it will not accommodate expected growth to over 900 

staff. The Coast Guard is currently housing several employees in 

temporary trailers. The Coast Guard is directed to work with GSA 

to expeditiously produce a prospectus for this expansion and complete a competively awarded lease. 

CRITICAL DEPOT LEVEL MAINTENANCE

The Committee recommends $20,000,000 above the budget request to address the Coast Guard’s significant backlog for critical 

depot level maintenance for aging surface, air, and shore assets. 

This additional amount will address crew safety, habitability, hazardous materials remediation, emergency and scheduled maintenance, and spare parts availability requirements. The Coast 

Guard’s deferred maintenance backlog is in excess of $800,000,000. 

WATCHSTANDERS

The Committee recommends $1,000,000 above the budget request 

to meet increased operational demands and to increase situational 

awareness and information sharing in all Coast Guard command 

centers. This amount will allow the Coast Guard to add a total of 
73 

20 new watchstanders to Sector Command Centers that will be 

converted to Interagency Operation Centers [IOC]. 

POLAR OPERATIONS AND MAINTENANCE FUNDING

The Committee notes the budget request did not include transfer 

of operating and maintenance funds for the polar icebreakers from 

the National Science Foundation [NSF] to the Coast Guard as directed in the joint explanatory statement accompanying the Department of Homeland Security Appropriations Act, 2009 (Public 

Law 110–329). For fiscal year 2011, the Committee expects the operating and maintenance budget authority and associated FTE to 

be included in the Coast Guard’s request. The two agencies shall 

update the existing Memorandum of Agreement to reflect the 

change in budget authority. 

WORKFORCE ACTION PLAN

The Coast Guard has failed to submit a workforce action plan to 

the Committee as required in Senate Report 110–396. The Committee expects this plan to be submitted expeditiously. 

COAST GUARD YARD

The Committee recognizes the Coast Guard Yard at Curtis Bay, 

Maryland, is a critical component of the Coast Guard’s core logistics capability which directly supports fleet readiness. The Committee further recognizes the Yard has been a vital part of the 

Coast Guard’s readiness and infrastructure for more than 100 

years and believes that sufficient industrial work should be assigned to the Yard to maintain this capability. 

SECURITY OF LIQUEFIED NATURAL GAS OPERATIONS

The Committee is concerned that the Coast Guard does not have 

enough resources to protect liquefied natural gas [LNG] tankers 

and terminals. The Committee also is concerned that a uniform approach does not exist to pay for the security of these operations. 

The Committee therefore directs the Secretary, in conjunction with 

the Commandant, to submit a report with an assessment of whether the Coast Guard has sufficient resources to protect LNG tankers 

and facilities and recommendations for strengthening the Coast 

Guard’s security role. The report also should identify security funding alternatives. The Secretary is to submit the report within 6 

months after the date of enactment of this act. 

The Committee expects the Coast Guard to fully evaluate the impact of recreational and commercial vessel traffic in relation to 

navigational safety and security of a proposed LNG facility in Fall 

River, Massachusetts. The proposed project and associated vessel 

traffic may significantly limit access for commercial and recreational users on Mount Hope Bay and Narragansett Bay. The 

Committee directs the Coast Guard to report to the Committee 

within 6 months after the date of enactment of this act on its evaluation and recommendations to address the impacts on affected 

waterway users. 
74 

NATIONAL VESSEL DOCUMENTATION CENTER

The Committee understands that user fee collections, which help 

pay for Coast Guard activities at the National Vessel Documentation Center [NVDC], have fallen significantly due to the economic 

downturn. The Committee directs the Coast Guard to avoid any reduction in the NVDC’s government-employed or contract staff levels, paid through fee revenue, by reassigning such staff to non-fee 

related Coast Guard activities. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriations, 2009 ............................................................................. $13,000,000 

Budget estimate, 2010 ........................................................................... 13,198,000 

Committee recommendation ................................................................. 13,198,000 

The Environmental Compliance and Restoration account provides 

funds to address environmental problems at former and current 

Coast Guard units as required by applicable Federal, State, and 

local environmental laws and regulations. Planned expenditures for 

these funds include major upgrades to petroleum and regulatedsubstance storage tanks, restoration of contaminated ground water 

and soils, remediation efforts at hazardous substance disposal sites, 

and initial site surveys and actions necessary to bring Coast Guard 

shore facilities and vessels into compliance with environmental 

laws and regulations. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $13,198,000 for environmental compliance and restoration, $198,000 above the fiscal year 2009 level 

and the same as the budget request. 

RESERVE TRAINING

Appropriations, 2009 ............................................................................. $130,501,000 

Budget estimate, 2010 ........................................................................... 133,632,000 

Committee recommendation ................................................................. 133,632,000 

The Reserve Training program provides trained units and qualified persons for active duty in the Coast Guard in time of war or 

national emergency, or at such other times as national security requires. Coast Guard reservists must also train for mobilization assignments unique to the Coast Guard in time of war, such as port 

security operations associated with the Coast Guard’s Maritime Defense Zone mission, including deployable port security units. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $133,632,000, as proposed in the 

budget, for Reserve Training. This is $3,131,000 more than the fiscal year 2009 level and the same as the budget request. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

Appropriations, 2009 1 ........................................................................... $1,592,576,000 

Budget estimate, 2010 ........................................................................... 1,383,980,000 

Committee recommendation ................................................................. 1,597,580,000 

1 Includes $98,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5). 
75 

Funding in this account supports Coast Guard plans for fleet expansion and improvement. This funding provides for the acquisition, construction, and improvement [AC&I] of vessels, aircraft, information management resources, shore facilities, and aids to navigation required to execute the Coast Guard’s missions and achieve 

its performance goals. 

Vessels.—The Coast Guard continues to acquire multi-mission 

platforms that use advanced technology to reduce life-cycle operating costs. 

Integrated Deepwater Systems (Deepwater).—The Deepwater capability replacement project is a multi-year, performance-based acquisition that will replace or modernize the major Coast Guard cutters, offshore patrol boats, fixed wing aircraft, multi-missioned helicopters, and the communications equipment, sensors, and logistics 

systems required to maintain and operate them. 

Other Equipment.—The Coast Guard invests in numerous management information and decision support systems that will result 

in increased efficiencies, including Rescue 21, formerly the National Distress and Response System Modernization Project, and 

the Nationwide Automated Identification System. 

Shore Facilities.—The Coast Guard invests in modern structures 

that are more energy-efficient, comply with regulatory codes, minimize follow-on maintenance requirements, and replace existing dilapidated structures. 

COMMITTEE RECOMMENDATION

The Committee recommends $1,597,580,000 for acquisitions, construction, and improvements, including $20,000,000 from the Oil 

Spill Liability Trust Fund. 

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

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Vessels: 

Response Boat—Medium ..................................................... 108,000 103,000 123,000 

Inland River Tender Replacement ........................................ 5,000 ............................ ............................

Subtotal, Vessels .............................................................. 113,000 103,000 123,000 

Integrated Deepwater Systems: 

Aircraft: 

Maritime Patrol Craft ................................................... 86,600 175,000 175,000 

HH–60 conversions ...................................................... 52,700 45,900 45,900 

HC–130H conversions/sustainment ............................. 24,500 45,300 45,300 

HH–65 conversion/sustainment ................................... 64,500 38,000 38,000 

Unmanned aircraft systems ........................................ 3,000 ............................ ............................

HC–130J fleet introduction .......................................... 13,250 1,300 1,300 

Subtotal, Aircraft ..................................................... 244,550 305,500 305,500 

Surface ships: 

National Security Cutter .............................................. 353,700 281,480 389,480 

Offshore patrol cutter .................................................. 3,003 9,800 9,800 

Fast Response Cutter .................................................. 115,300 243,000 243,000 

IDS Small boats ........................................................... 2,400 3,000 3,000 
76 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS—Continued 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Polar Icebreaker sustainment ...................................... 30,300 ............................ 27,300 

Patrol boats sustainment ............................................ 30,800 23,000 23,000 

Medium Endurance Cutter sustainment ...................... 35,500 31,100 31,100 

High Endurance Cutter sustainment ........................... ............................ ............................ 8,000 

Subtotal, Surface ..................................................... 571,003 591,380 734,680 

Technology Obsolescence Prevention ............................................. 1,500 1,900 1,900 

C4ISR ............................................................................................. 88,100 35,000 35,000 

Logistics ......................................................................................... 37,700 37,700 37,700 

Systems engineering and management ........................................ 33,141 35,000 35,000 

Government program management ............................................... 58,000 45,000 45,000 

Subtotal, Integrated Deepwater System ........................... 1,033,994 1,051,480 1,194,780 

Other Equipment: 

Nationwide Automatic Identification System ........................ 8,600 ............................ ............................

Defense Messaging System .................................................. 4,074 ............................ ............................

Rescue 21 ............................................................................. 73,000 117,000 117,000 

High Frequency Recapitalization .......................................... 2,500 2,500 2,500 

Interagency Operations Centers (Command 21) .................. 1,000 ............................ 28,000 

Subtotal, Other Equipment ............................................... 89,174 119,500 147,500 

Shore Facilities and Aids to Navigation: 

Survey and Design—Shore and Operational Support .......... 2,050 6,000 6,000 

Survey and Design—Coast Guard Academy Pier ................ ............................ ............................ 300 

Waterways ATON Infrastructure ............................................ 4,000 4,000 4,000 

Coast Guard Station Cleveland Harbor ................................ ............................ ............................ 16,800 

Coast Guard Telecoms and Information Systems Center .... 2,500 ............................ ............................

Coast Guard Air Station Cape Cod—Runway Lighting ....... 5,000 ............................ ............................

Sector Delaware Bay—Consolidate Cape May Station ........ 13,000 ............................ ............................

Coast Guard Housing—Cordova, Alaska ............................. 11,600 ............................ ............................

Coast Guard Academy—Chase Hall .................................... 10,300 ............................ ............................

Station Montauk—Purchase Housing .................................. 1,550 ............................ ............................

Rescue Swimmer Training Facility ....................................... 15,000 ............................ ............................

Sector Buffalo ....................................................................... 3,000 ............................ ............................

Subtotal, Shore Facilities and Aids to Navigation .......... 68,000 10,000 27,100 

Coast Guard/DHS Headquarters .................................................... 97,578 ............................ ............................

Personnel and Related Support:

Direct personnel costs .......................................................... 92,330 99,500 104,700 

Acquisition Costs .................................................................. 500 500 500 

Subtotal, Personnel and Related Support ........................ 92,830 100,000 105,200 

Subtotal, Acquisitions, Construction, and Improvements ........................................................................... 1,494,576 1,383,980 1,597,580 

Emergency Appropriations (Public Law 111–5) ............................ 98,000 ............................ ............................

Total, Acquisitions, Construction, and Improvements ..... 1,592,576 1,383,980 1,597,580 

RESPONSE BOAT—MEDIUM

The Committee recommends $123,000,000 for the Response Boat 

Medium [RB–M] acquisition, $20,000,000 above the budget request. 

This amount will allow the Coast Guard to purchase 40 RB–Ms in 

fiscal year 2010, 10 above the request. The RB–M is a critical asset 
77 

for the Coast Guard to replace aging 41-foot Utility Boats acquired 

in the early 1970s and will serve as a platform for boardings, 

search and rescues, and port security. Recent studies have identified the lack of response boats as an impediment to fully implementing the Coast Guard’s mission requirements. The Committee 

notes that the RB–M project continues to meet or exceed cost, 

schedule, and performance parameters. 

DEEPWATER FUNDING

The Committee recommends $1,194,780,000 for Deepwater, 

$143,300,000 above the amount requested and $160,786,000 above 

the fiscal year 2009 level. Details of major procurements under this 

program and changes to the request are provided below. 

MARITIME PATROL AIRCRAFT

The Committee recommends $175,000,000 for the Maritime Patrol Aircraft [MPA], the same level as proposed in the budget request. This funding will allow the Coast Guard to acquire 2 aircraft 

(13 and 14), mission systems, and a flight simulator. The funds will 

address the Coast Guard’s MPA flight-hour gap by providing 2,400 

additional MPA hours every year. 

NATIONAL SECURITY CUTTER

The recommendation includes $389,480,000 for the National Security Cutter [NSC] acquisition, $108,000,000 above the budget request. The Committee disagrees with the administration’s decision 

to delay funding for the 5th NSC. The NSC program, which is already 2 years behind schedule, will be further delayed without additional funds. The 12 legacy cutters the NSC will replace are frequently out of service due to unscheduled maintenance requirements. These 12 cutters lose an average of 250 operational days 

per year due to unplanned maintenance, which is directly impacting the Coast Guard’s ability to perform its many missions. Funds 

are provided to complete production of NSC #4 and for long-lead 

time materials for NSC #5, which ensures the Coast Guard is properly positioned to negotiate a best-value, fixed-price contract for 

NSC #4 and avoids additional project costs and recapitalization 

delays associated with a break in NSC production. 

The Committee strongly supports the procurement of one National Security Cutter per year until all eight planned ships are 

procured. The continuation of production without a break will ensure that these ships, which are vital to the Coast Guard’s mission, 

are procured at the lowest cost, and that they enter the Coast 

Guard fleet as soon as possible. 

FAST RESPONSE CUTTER

The Committee recommends $243,000,000 for the Coast Guard’s 

‘‘Fast Response Cutter’’ [FRC–B], the same level as proposed in the 

budget request. This funding will allow the Coast Guard to acquire 

four FRC–B hulls (5–8). The first FRC–B is scheduled for delivery 

in the third quarter of fiscal year 2011 and will be fully operational 

in fiscal year 2012. The Committee expects the Coast Guard to continue quarterly briefings on the status of this procurement, includ-
78 

ing critical decision points and dates, planned service life extensions of the existing 110-foot patrol boats, and patrol boat operational metrics. 

MISSION EFFECTIVENESS PROJECT

The recommendation includes $54,100,000 for the Mission Effectiveness Project, the same level as proposed in the budget request. 

Of this amount, $31,100,000 is for sustainment of three 270-foot 

and two 210-foot medium endurance cutters, and $23,000,000 is for 

sustainment of three 110-foot legacy patrol boats. This funding is 

intended to improve mission effectiveness of these vessels to allow 

them to meet their goals for program availability through the remainder of their service lives. This program has been successful in 

significantly reducing the number of major equipment casualties on 

these vessels resulting in a much higher percentage of time they 

are fully mission capable. 

OFFSHORE PATROL CUTTER

The recommendation includes $9,800,000 for the Offshore Patrol 

Cutter [OPC], the same level as proposed in the budget request. 

The Committee directs the Coast Guard to brief the Committee by 

April 30, 2010, on the results of the alternatives analysis for the 

OPC. 

RESCUE 21

The Committee provides $117,000,000 for Rescue 21, the same 

level proposed in the budget. The Coast Guard’s quarterly acquisition report continues to identify risks associated with tower planning, particularly with ‘‘obtaining leases, unexpected environmental issues, FAA restrictions, wetland delineation, and structural integrity issues.’’ The Coast Guard is directed to continue 

quarterly briefings on the status of the program, including changes 

to the schedule outlined in the request or any deviation from the 

revised acquisition program baseline. 

POLAR ICEBREAKER SUSTAINMENT

The Committee recommends $32,500,000 above the budget request to complete the reactivation and service life extension of 

Coast Guard Cutter Polar Star. Of this amount, $5,200,000 is funded in the AC&I direct personnel costs PPA. Returning Polar Star 

to operational status is vital to ensuring the U.S. Government has 

the ability to project U.S. sovereignty and protect the broad range 

of security, economic, and environmental interests in the Arctic and 

Antarctic. Within this amount, the Coast Guard shall begin survey 

and design and conduct a business case analysis for either a new 

heavy polar icebreaker class or a major service life extension 

project for existing heavy icebreakers. The only existing heavy 

polar class icebreaker, the Polar Sea, has only 7 years remaining 

in its useful life. 

INTERAGENCY OPERATIONS CENTERS

The Committee provides $28,000,000 above the budget request to 

enhance port security and inter-agency cooperation at the Federal, 
79 

State, and local level through the development of Interagency Operations Centers, which are authorized by the SAFE Port Act. 

Funds are provided for facility construction and deployment of sensors and an information management system to enhance maritime 

domain awareness in the Nation’s ports. Within 90 days after the 

date of enactment of this act, the Coast Guard shall submit an expenditure plan for these funds. 

HIGH ENDURANCE CUTTER SUSTAINMENT

Delays in the planned delivery of National Security Cutters have 

created a sustainment problem for the Coast Guard in maintaining 

its fleet of legacy High Endurance Cutters. The Committee is 

aware of efforts to assess the need and scope for a maintenance 

plan for the 378-foot High Endurance Cutter fleet. The Committee 

includes $8,000,000 above the request for pre-acquisition survey 

and design to determine the requirements for a maintenance effectiveness project. A similar program for the Medium Endurance 

Cutter fleet has been highly successful in increasing its fully-capable mission availability. The Coast Guard shall brief the Committee no later than 60 days after the date of enactment of this act 

on preliminary plans for this effort. 

AC&I PERSONNEL

The Committee provides $105,200,000 for personnel and related 

support, $5,200,000 above the budget request. These additional 

FTEs are necessary for the Coast Guard to perform the systems integrator role for the Deepwater Program and to execute traditional 

acquisition projects. This amount also includes personnel related 

costs to reactivate the Polar Star. 

The Committee is well aware of the limited pool of certified and 

experienced acquisition professionals. Therefore, the Committee encourages the Coast Guard to work with the appropriate authorizing 

committees to ensure that its hiring authorities are on par with 

those of the other armed services. 

According to recent testimony by the Government Accountability 

Office, ‘‘there are approximately 200 contractor employees in support of the acquisition directorate—representing 24 percent of its 

total acquisition workforce.’’ Some of these contractors are performing core Government acquisition functions. The Coast Guard 

shall brief the Committee no later than 60 days after the date of 

enactment of this act on efforts to reduce reliance on contractors 

performing inherently governmental work. 

ICEBREAKING CAPABILITIES IN THE GREAT LAKES REGION

The Committee recognizes the Coast Guard’s icebreaking capabilities in the Great Lakes region are challenged by a taxing mission being placed upon an aging fleet. Modernization of this fleet 

is critical not only to the safe and efficient movement of commerce 

on the Great Lakes, but the safety of Great Lakes communities. 

The Committee directs the Coast Guard to conduct an alternatives 

analysis for Great Lakes icebreaking, which is to be submitted to 

the Committee no later than 4 months after the date of enactment 

of this act. 
80 

DEEPWATER EXPENDITURE PLAN

The Coast Guard is directed to brief the Committee on its fiscal 

year 2010 deepwater expenditure plan not later than 60 days after 

the date of enactment of this act. The briefing shall be consistent 

with the Deepwater expenditure plan requirements set forth in 

Public Law 110–329. 

QUARTERLY ACQUISITION REPORTS

The Commandant is directed to continue to submit quarterly acquisition and mission emphasis reports consistent with deadlines 

articulated under section 360 of division I of Public Law 108–7 and 

the fiscal year 2008 joint explanatory statement. The Committee 

notes that the Coast Guard has adopted the practice of comparing 

cost, schedule, and performance estimates against the most recently approved baseline. This approach provides an incomplete assessment of an acquisition’s progress against the original baseline. 

Therefore, the report shall compare current estimates against the 

original baseline and the most recent baseline, if available. This 

method is consistent with Department of Defense acquisition reporting policy and is recommended by the Government Accountability Office. When reporting on ‘‘key project documents,’’ it should 

be noted if approved documentation differs from that required by 

the Major Systems Acquisition Manual or the Department’s Acquisition Review guidance. The reports should also indicate if a test 

and evaluation master plan has been approved for an asset. Finally, the acquisition reports shall include a ‘‘stoplight chart’’ that 

tracks key performance parameters of each asset through developmental and operational testing. Because the Coast Guard consistently fails to meet quarterly submission deadlines, the Committee 

withholds $30,000,000 from Headquarter Directorates until the second quarter report is submitted. 

GAO DEEPWATER REVIEW

The GAO is directed to continue its oversight of the Deepwater 

program. GAO’s focus shall include an assessment of the Coast 

Guard’s conversion projects for the HH–60 and HH–65 platforms. 

The Committee is concerned with the schedule for both programs. 

According to the Coast Guard’s quarterly acquisition reports, the 

schedule for the HH–60 program is at ‘‘significant risk’’ and is not 

expected to meet projected milestones. The same reports show a 

moderate schedule risk for the HH–65 conversion program. Delays 

in the HH–65 conversion program have resulted in an unobligated 

balance in excess of $100,000,000 and the Coast Guard expects to 

carryover $58,729,000 into fiscal year 2010. 

COAST GUARD ACADEMY PIER

The Committee continues to be concerned with the condition of 

the Coast Guard Academy Pier. The pier, which was erected in 

1932, has severely deteriorated according to an independent assessment conducted on behalf of the Coast Guard in October 2004. The 

Committee recommendation includes $300,000 for survey and design costs for this project. 
81 

COAST GUARD STATION CLEVELAND HARBOR

The amount recommended for shore facilities includes 

$16,800,000 to complete the project proposal to renovate, improve, 

or construct a new Station and Marine Safety Unit Cleveland Harbor, Ohio, and to begin work on this project. The Coast Guard 

should take a phased approach to this project to fully utilize the 

funds available. 

CAPITAL INVESTMENT PLAN

The Committee expects the Coast Guard to continue to submit a 

comprehensive capital investment plan each year at the time the 

President’s budget is submitted to the Congress. 

The Committee directs the Commandant to provide to the Congress, at the time of the President’s budget submission, a list of approved but unfunded Coast Guard priorities and the funds needed 

for each. 

ALTERATION OF BRIDGES

Appropriations, 2009 1 ........................................................................... $158,000,000 

Budget estimate, 2010 .................................................................................................... Committee recommendation ................................................................. 4,000,000 

1 Includes $142,000,000 provided in the American Recovery and Reinvestment Act of 2009 

(Public Law 111–5). 

Under the provisions of the Truman-Hobbs Act of June 21, 1940 

(33 U.S.C. 511 et seq.), the Coast Guard, as the Federal Government’s agent, is required to share with owners the cost of altering 

railroad and publicly owned highway bridges which obstruct the 

free movement of navigation on navigable waters of the United 

States in accordance with the formula established in 33 U.S.C. 516. 

Alteration of obstructive highway bridges is eligible for funding 

from the Federal-Aid Highways program. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $4,000,000 above the request for the 

Fort Madison Bridge in Iowa. This bridge has 90 percent of its design completed and could begin construction once sufficient funding 

is in place. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Appropriations, 2009 ............................................................................. $18,000,000 

Budget estimate, 2010 ........................................................................... 19,745,000 

Committee recommendation ................................................................. 29,745,000 

The Coast Guard’s Research and Development program develops 

techniques, methods, hardware, and systems that directly contribute to increasing the productivity and effectiveness of the Coast 

Guard’s operating missions. This account provides funds to operate 

and maintain the Coast Guard Research and Development Center. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $29,745,000 for the Coast Guard’s 

research, development, test, and evaluation activities, $10,000,000 

above the budget request and $11,745,000 above the fiscal year 

2009 level. 
82 

The Committee recommends $10,000,000 above the request for 

continued land and cutter-based Unmanned Aerial System [UAS] 

priority research. The Coast Guard is scheduled to make a final 

recommendation on the most effective UAS for the National Security Cutter [NSC] in March 2010. These additional funds will enable the Coast Guard to perform dynamic testing, including launch 

and recovery from aboard the NSC. Further, this funding will allow 

the Coast Guard to continue its partnership with U.S. Customs and 

Border Protection in the development and field testing of landbased UAS solutions capable of operating in the maritime environment through advanced concept technology demonstrations. 

RETIRED PAY

Appropriations, 2009 ............................................................................. $1,236,745,000 

Budget estimate, 2010 ........................................................................... 1,361,245,000 

Committee recommendation ................................................................. 1,361,245,000 

This account provides for the retired pay of military personnel of 

the Coast Guard and Coast Guard Reserve, members of the former 

Lighthouse Service, and for annuities payable to beneficiaries of retired military personnel under the retired serviceman’s family protection plan (10 U.S.C. 1431–1446) and survivor benefit plan (10 

U.S.C. 1447–1455); payments for career status bonuses under the 

National Defense Authorization Act; and payments for medical care 

of retired personnel and their dependents under the Dependents 

Medical Care Act (10 U.S.C., ch. 55). 

COMMITTEE RECOMMENDATIONS

The Committee recommends $1,361,245,000, as proposed in the 

budget, for retired pay. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

Appropriations, 2009 1 ........................................................................... $1,508,729,000 

Budget estimate, 2010 ........................................................................... 1,485,609,000 

Committee recommendation ................................................................. 1,482,709,000 

1 Includes $100,000,000 in emergency appropriations pursuant to the Omnibus Appropriations 

Act, 2009 (Public Law 111–8). 

The United States Secret Service’s salaries and expenses appropriation provides funds for the security of the President, the Vice 

President, and other dignitaries and designated individuals; for enforcement of laws relating to obligations and securities of the 

United States and laws relating to financial crimes; and for protection of the White House and other buildings within the Washington, DC, metropolitan area. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $1,482,709,000 for Salaries and Expenses. This is an increase of $73,980,000 from the comparable fiscal year 2009 level, excluding emergency funding, and $2,900,000 

below the amount proposed in the budget. 

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels: 
83 

UNITED STATES SECRET SERVICE—SALARIES AND EXPENSES 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Headquarters, Management and Administration ...................................... 182,104 221,045 221,045 

Protection: 

Protection of Persons and Facilities ................................................. 705,918 759,561 759,561 

Protective Intelligence Activities ....................................................... 59,761 67,824 67,824 

National Special Security Events ...................................................... 1,000 1,000 1,000 

Presidential Candidate Nominee Protection ..................................... 41,082 ........................ ........................

White House Mail Screening ............................................................. 33,701 25,315 22,415 

Subtotal, Protection ...................................................................... 841,462 853,700 850,800 

Investigations: 

Domestic Field Operations ................................................................ 241,772 260,892 260,892 

International Field Office Administration, Operations, and Training ................................................................................................ 30,000 30,705 30,705 

Electronic Crimes Special Agent Program and Electronic Crimes 

Task Forces ................................................................................... 51,836 56,541 56,541 

Support for Missing and Exploited Children .................................... 8,366 8,366 8,366 

Subtotal, Investigations ............................................................... 331,974 356,504 356,504 

Training: Rowley Training Center .............................................................. 53,189 54,360 54,360 

Total, Salaries and Expenses ....................................................... 1,508,729 1,485,609 1,482,709 

Appropriations .............................................................................. 1,408,729 1,485,609 1,482,709 

Emergency Appropriations (Public Law 111–5) ........................... 100,000 ........................ ........................

INTERNATIONAL ACTIVITIES AND OFFICES

In fiscal year 2008, Secret Service international offices closed 188 

counterfeit cases, 180 financial crimes cases, 444 protective intelligence cases, 466 protective surveys, and 217 non-criminal cases. 

During this period, Secret Service international offices also assisted 

its law enforcement partners abroad with the arrest of 657 suspects, while seizing over $31,300,000 in counterfeit United States 

currency before it could be introduced into circulation. The Committee recommends $30,705,000 and 74 FTE, as requested, for international field office administration, operations, 

and training. This includes $700,000, as requested, for operations 

of the Tallinn, Estonia international field office. The Consolidated 

Security, Disaster Assistance, and Continuing Appropriations Act, 

2009 (Public Law 110–329), provided the Secret Service with an additional $1,658,000 to expand foreign field office operations, as 

originally proposed by the Senate. These funds were intended to assist in overseas activities, including the opening of an international 

office to combat the increase in financial institution fraud, credit 

card fraud, and counterfeiting of United States currency emanating 

from the Baltic region. The Secret Service has determined that the 

best Baltic location from which to combat this threat is Tallinn, Estonia. The Committee is aware that the Secret Service operates in 

22 overseas locations and notes that 5 new overseas offices have 

opened since January 9, 2005. The Committee directs the Secret 

Service to open the Tallinn office immediately and includes bill language directing that this office be opened with the fiscal year 2009 

funding made available for this purpose. 
84 

INFORMATION INTEGRATION AND TRANSFORMATION PROGRAM

The Committee became aware of the significant information technology [IT] integration and transformation requirements facing the 

Secret Service during the 2008–2009 Presidential transition and 

provided $31,700,000 in emergency funding for the Secret Service 

to immediately address White House Communications Agency 

interoperability requirements and to begin jointly addressing these 

additional IT funding requirements with the Office of Management 

and Budget. The Committee recommends funding of $97,974,000, 

an increase of $33,960,000 and 3 FTE, as requested; and directs 

the Secret Service and the DHS Chief Information Officer to provide semiannual briefings on progress in upgrading these IT systems and programs. 

ELECTRONIC CRIMES TASK FORCES

The Committee strongly supports the Electronic Crimes Task 

Force program, authorized in the USA PATRIOT Act of 2001 (Public Law 107–56), and is pleased that it is operating in 24 locations 

across the Nation. The Committee recommends $56,541,000 and 

317 FTE, an increase of $2,000,000 over the fiscal year 2009 level 

and the amount requested in the budget. 

UNIFORMED DIVISION

The Committee notes that the Uniformed Division plays a critical 

role in providing protective services to Secret Service protectees 

and others. In the past 3 fiscal years, an average of 12.7 percent 

of Uniformed Division Officers have become Special Agents. The 

Committee believes it is important to make full use of these officers’ expertise and notes that authorizing language has been submitted to Congress to reform the pay structure for the Uniformed 

Division of the Secret Service. The Committee provides $4,040,000 

associated with this proposed salary restructuring. Bill language is 

included to withhold the obligation of these funds until enactment 

of authorizing language that incorporates the authorities of the 

United States Secret Service Uniformed Division into the United 

States Code. 

WHITE HOUSE MAIL SCREENING FACILITY

The Committee recommends $22,415,000, $2,900,000 below the 

budget request for the White House mail facility, due to one-time 

equipment costs funded in fiscal year 2009. 

MISSING AND EXPLOITED CHILDREN

As requested by the President, the Committee provides 

$2,366,000 for the Secret Service’s forensic support costs, and provides $6,000,000, to remain available until expended, for activities 

related to investigations of exploited children. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

Appropriations, 2009 ............................................................................. $4,225,000 

Budget estimate, 2010 ........................................................................... 3,975,000 

Committee recommendation ................................................................. 3,975,000 
85 

This appropriation provides funding for security upgrades of existing facilities; to continue development of the current master 

plan; to maintain and renovate existing facilities, including the 

James J. Rowley Training Center (Center); and to ensure efficient 

and full utilization of the Center. 

COMMITTEE RECOMMENDATIONS

The Committee recommends an appropriation of $3,975,000, the 

same as the amount proposed in the budget, for acquisition, construction, repair, and improvement expenses of the Secret Service 

for fiscal year 2010. 
(86) 

TITLE III 

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

The National Protection and Programs Directorate aims to foster 

better integration of national approaches between strategic homeland security programs, facilitate infrastructure protection, ensure 

broad emergency communications capabilities, integrate risk management, identity safeguards for visitors to this country, and ensure the protection of Federal buildings and facilities. 

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

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Management and Administration ........................................................ 51,350 44,577 44,577 

Infrastructure Protection and Information Security: 1

Infrastructure Protection ............................................................. 313,800 333,303 346,303 

National Cyber Security Division ................................................ 313,500 400,654 398,654 

Office of Emergency Communications ........................................ 38,300 44,060 44,060 

National Security Emergency Preparedness Telecoms ............... 141,313 140,149 112,399 

United States Visitor and Immigrant Status Indicator Technology ..................................................................................................... 300,000 356,194 378,194 

Federal Protective Service 2 ................................................................. ( 3 ) 1,115,000 1,115,000 

Total, National Protection and Programs Directorate (gross) 1,158,263 2,433,937 2,439,187 

Offsetting Fee Collections .................................................................... ( 3 ) ¥1,115,000 ¥1,115,000 

Total, National Protection and Programs Directorate (net) ... 1,158,263 1,318,937 1,324,187 

1 PPA realignment proposed in the President’s budget request not displayed due to lack of comparability. 

2 Fully funded by offsetting collections paid by General Services Administration tenants and credited directly to this appropriation. 3 The Federal Protective Service was funded in U.S. Immigration and Customs Enforcement in fiscal year 2009. 

MANAGEMENT AND ADMINISTRATION

Appropriations, 2009 ............................................................................. $51,350,000 

Budget estimate, 2010 ........................................................................... 44,577,000 

Committee Recommendation ................................................................ 44,577,000 

This account funds salaries and expenses for the Office of the 

Under Secretary, which oversees all activities of the National Protection and Programs Directorate [NPPD]. This account also funds 

business operations, information technology support services, and 

the Office of Risk Management and Analysis. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $44,577,000, for Management and 

Administration, of which $9,895,000 is for the Office of Risk Man-
87 

agement and Analysis. This is $6,773,000 less than fiscal year 2009 

due to the reallocation of administrative expenses to ‘‘Infrastructure Protection and Information Security’’, and the same amount as 

requested in the budget. 

NPPD PERFORMANCE

Tasked with a broad mission, NPPD remains loosely defined and 

lacks focus in many critical areas. The Committee remains frustrated with NPPD’s continued inability to clearly articulate goals, 

demonstrate accomplishments, hire needed staff, obligate appropriated resources, or describe its programs. Over the past several 

years, these failures have led Congress to provide funding below requested levels or withhold appropriated funds from obligation 

pending the receipt of further information. Last year, for example, 

because of a poor budget justification, Congress withheld from obligation half of the $50,200,000 appropriated for fiscal year 2009 for 

the Next Generation Networks Program until the Committees on 

Appropriations receive and approve an expenditure plan. While the 

Department asserted this program was critical to maintain emergency communications for Government officials, it has submitted 

no expenditure plan although it is 8 months into the fiscal year. 

The lack of management improvements puts the Directorate’s important work in jeopardy and fails to make Americans safer. NPPD 

management must be improved. The Under Secretary for National 

Protection and Programs Directorate is directed to provide quarterly briefings to the Committee on the specific use of resources 

provided in this act, including how the investments are improving 

the security of the Nation. 

OFFICE OF RISK MANAGEMENT AND ANALYSIS

The mission of the Office of Risk Management and Analysis 

[RMA] is to lead the Department’s efforts to establish a common 

framework to address the overall management and analysis of 

homeland security risk. In the context of that mission, the Committee directs NPPD to provide an expenditure plan for the RMA 

no later than 90 days after the date of enactment of this act. The 

expenditure plan shall include the specific projects on which RMA 

will work; the quantifiable outcomes of each program; and how specifically the programs contribute to the mission of risk management and analysis for the Department and for the Nation. 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

Appropriations, 2009 ............................................................................. $806,913,000 

Budget estimate, 2010 ........................................................................... 918,166,000 

Committee recommendation ................................................................. 901,416,000 

Infrastructure Protection and Information Security [IPIS] assists 

the entities and people responsible for securing the Nation’s critical 

infrastructure assets. In addition, IPIS works collaboratively with 

public, private, and international entities to secure cyberspace and 

U.S. cyber assets, and reduce the vulnerability of the Nation’s telecommunications and information technology infrastructures. 
88 

COMMITTEE RECOMMENDATIONS

The Committee recommends total appropriations of $901,416,000 

for Infrastructure Protection and Information Security [IPIS] programs. 

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

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 1

Committee 

recommendations 

Infrastructure Protection: 

Identification and Analysis ............................................................... 80,603 86,610 90,610 

Coordination and Information Sharing ............................................. 62,367 50,582 59,582 

Mitigation Programs ......................................................................... 170,830 196,111 196,111 

Subtotal, Infrastructure Protection ............................................... 313,800 333,303 346,303 

National Cyber Security Division: 

U.S. Computer Emergency Response Team [US–CERT] ................... 254,924 333,629 331,629 

Strategic Initiatives .......................................................................... 49,138 57,679 57,679 

Outreach Programs ........................................................................... 9,438 9,346 9,346 

Subtotal, National Cyber Security Division .................................. 313,500 400,654 398,654 

Office of Emergency Communications ....................................................... 38,300 44,060 44,060 

National Security/Emergency Preparedness Telecommunications: 

Priority Telecommunications Service ................................................ 58,740 56,773 56,773 

Next Generation Networks ................................................................. 50,250 50,250 25,000 

Programs to Study and Enhance Telecommunications .................... 15,100 19,274 16,774 

Critical Infrastructure Protection ...................................................... 11,260 13,852 13,852 

National Command and Coordination Capability ............................. 5,963 ........................ ........................

Subtotal, National Security/Emergency Preparedness Telecommunications ....................................................................... 141,313 140,149 112,399 

Total, Infrastructure Protection and Information Security ........... 806,913 918,166 901,416 

1 PPA realignment proposed in the President’s budget request not displayed due to lack of comparability. 

INFRASTRUCTURE PROTECTION

The Committee provides $346,303,000 for Infrastructure Protec- tion, $13,000,000 above the level in the request. The increase is for 

programs within Coordination and Information Sharing as discussed below. 

The Committee understands that the Office of Infrastructure 

Protection [OIP] continues to look for and provide innovative initiatives to enhance security. The Committee encourages OIP to continue to work with the University of Southern Mississippi to address the range of potential and actual threats and risks to the ongoing safety and security at venues with large crowds. 

NATIONAL INFRASTRUCTURE PROTECTION PLAN MANAGEMENT/ 

CRITICAL INFRASTRUCTURE AND KEY RESOURCES PARTNERSHIPS

The Committee recommends an increase of $9,000,000 above the 

request level, and $2,785,000 below fiscal year 2009, for National 

Infrastructure Protection Plan Management and Critical Infrastructure and Key Resources Partnerships within Coordination and 
89 

Information Sharing. The Committee continues to recognize the important role these efforts play in fostering and sustaining collaborative relationships between industry and Government. 

INFRASTRUCTURE SECURITY COMPLIANCE

The Committee recommends $103,363,000 the same amount as 

the budget request, and $25,363,000 above fiscal year 2009, for infrastructure security compliance, including the chemical facility 

and ammonium nitrate security programs. The Committee supports 

the proposed increase in the budget which includes an additional 

23 FTE for these important programs. The increase, combined with 

the conversion of contract employees to Federal employees, will increase the total number of FTE by 168 over fiscal year 2009, for 

a total of 246 FTE. The Committee expects that an accelerated hiring process will be fully maximized to bring qualified and vetted 

personnel on board quickly and directs NPPD to provide a monthly 

update of the FTE on-board and specific actions being taken to ensure expeditious hiring. 

NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER

The Committee recommends $20,000,000, the same as the fiscal 

year 2009 level and an increase of $4,000,000 above the budget request, for the National Infrastructure Simulation and Analysis 

Center [NISAC], New Mexico. The Committee expects Sandia and 

Los Alamos National Laboratories, located in New Mexico, to continue to develop NISAC and to be the lead entities in this initiative 

to secure the Nation’s critical infrastructure. The Committee encourages NISAC to continue to work with the National Incident 

Management Systems and Advanced Technologies Institute 

[NIMSAT] at the University of Louisiana at Lafayette. NIMSAT is 

uniquely qualified to support NISAC’s work in the gulf coast region. 

BOMBING PREVENTION

The Committee recommends $14,768,000 for the Office for Bombing Prevention [OBP], the same amount as the budget request and 

an increase of $4,200,000 from the fiscal year 2009 level. The OBP 

leads the DHS effort to enhance Federal, State, and local capabilities to deter, detect, protect against, and respond to attacks that 

use improvised explosive devices. This is accomplished through prevention efforts, gap analysis, and information sharing. The increase 

will accelerate the analysis of critical gaps by conducting 68 additional capabilities assessments. This will allow a total of 132 assessments to be completed for bomb squads, canine units, dive 

teams, and special teams, providing a better understanding of the 

Nation’s capabilities for a known threat. 

VULNERABILITY ASSESSMENTS

The Committee recommends $26,521,000 for Vulnerability Assessments, the same amount as requested in the budget and 

$3,000,000 above the fiscal year 2009 level. Vulnerability Assessments are a collaborative effort between Federal, State, local, and 

private sectors to identify vulnerabilities and enhance the security 
90 

of high-risk infrastructure, ranging from single-site security to 

large-scale regional efforts. The requested increase will support nuclear reactor security consultations required by section 657 of the 

Energy Policy Act of 2005 by identifying potential vulnerabilities 

and threats to proposed new reactors. 

NEXT GENERATION NETWORKS

The Committee recommends $25,000,000 for the Next Generation 

Networks Program, instead of $50,250,000 as requested in the 

budget. 

In the Homeland Security Appropriations Act, 2009, the Committees withheld from obligation one-half of the $50,250,000 appropriated for fiscal year 2009 for Next Generation Networks until the 

Committees on Appropriations receive and approve an expenditure 

plan. The withholding was included because of a poor budget justification. To date, no expenditure plan has been submitted although it is 8 months into the fiscal year. Therefore, it is clear that 

the $25,125,000 which was withheld will be available for this program in fiscal year 2010 and the full amount requested will not be 

needed. In addition, the Secretary is directed to provide an expenditure plan for fiscal year 2010 to the Committees on Appropriations 

no later than 90 days after the date of enactment of this act. 

PROGRAMS TO STUDY AND ENHANCE TELECOMMUNICATIONS

The Committee recommends $16,774,000, $2,500,000 below the 

request level and $1,674,000 above the fiscal year 2009 level. The 

Committee supports the enhanced telecommunications mission, 

however, remains frustrated by the lack of clarity provided regarding the goals and outcomes of the requested levels. 

NATIONAL COMMAND AND COORDINATION CAPABILITY

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

level as the budget request. 

NATIONAL CYBER SECURITY DIVISION

The Committee recommends $398,654,000 for the National Cyber 

Security Division, an increase of $85,154,000 from the fiscal year 

2009 level and $2,000,000 below the budget request. The increase 

above the enacted amount provides additional resources to assess 

and mitigate critical information technology assets and provide 

cyber threat, analysis, early warning, and incident response assistance for public and private sector constituents. Of the total 

amount, $8,000,000 is provided for data center consolidation and 

migration, which is $2,000,000 below the request. The reduction is 

based on the Department’s execution plan that has activity occurring in fiscal year 2011. 

The Committee recommendation includes $2,250,000 for the 

Cyber Security Information Sharing and Collaboration Program, 

the same amount as the fiscal year 2009 and budget request levels. 
91 

NATIONWIDE CYBER SECURITY REVIEW

The security of State and local information technology networks 

has serious implications for homeland security, as network security 

affects both the continuity of Government and the operations of 

critical infrastructure. Cyber attacks have disrupted State government networks, systems, and operations. Despite its importance, 

there is not a comprehensive effort to evaluate the security level 

of State or local information technology networks, as it pertains to 

cyberspace. The Committee directs the Secretary, in coordination 

with the Federal Emergency Management Agency [FEMA] and 

NPPD, to report on the status of cyber security measures in place, 

and gaps in all 50 States and the largest urban areas by June 1, 

2010. The report should include certifications from each State and 

urban area as to the exact status of cyber security measures in 

place, when the date security plans were last updated, the dates 

contingency exercises were last conducted, and plans for disaster 

recovery. Similar language is included in the FEMA section of this 

report. 

OFFICE OF EMERGENCY COMMUNICATIONS

The Committee recommends $44,060,000 for the Office of Emergency Communications [OEC], the same amount as the budget request and $5,760,000 above the fiscal year 2009 level. The Committee recognizes the vital role of the OEC in supporting the needs 

and demands of emergency response personnel at all levels of Government and across all disciplines. 

This budget request level approved by the Committee includes 

two important increases. First, an increase of $3,851,000 over the 

fiscal year 2009 level, for a total of $11,635,000 in technical assistance. This supports a known need. Last year, there were 239 requests for technical assistance from 54 States and territories and 

OEC could only fill 150 of the requests. Second, an increase of 

$2,500,000 and 8 FTE for the Regional Communications Coordinators [RCCs] which will support FEMA and State and local emergency preparedness organizations in the complex mix of cyber, telecommunications, and broadcast communication technologies. OEC 

is encouraged to place RCCs in FEMA regional offices to enhance 

efficiency. 

The Committee recognizes that progress has been made in interoperability among Federal, State, and local governments with the 

completion of Statewide Communication Interoperability Plans, 

and the National Emergency Communications Plan [NECP]. The 

first goal established in the NECP is to have 90 percent of high 

risk urban areas demonstrate emergency response communications 

within an hour of a routine event. OEC has expressed confidence 

that the goal will be met. However, the Committee is concerned 

that the Federal Government is not making sufficient progress in 

implementing interoperability among Federal agencies. The Government Accountability Office in a December 2008 report examining the Department of Justice and the Department of Homeland 

Security radio communications [GAO–09–133] found that a primary reason the ‘‘collaboration on a joint communications solution 

has not been successful is that departments did not effectively em-
92 

ploy key cross-agency collaboration practices’’. Unfortunately, OEC 

has been slow to establish the Emergency Communications Preparedness Center [ECPC] which was authorized in the Homeland 

Security Act of 2002 to serve as a focal point for Federal interdepartmental communications efforts. The Committee directs GAO 

to evaluate the progress made in standing up the ECPC and identify any obstacles to Federal agency coordination through the 

ECPC. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

Appropriations, 2009 ............................................................................. $300,000,000 

Budget estimate, 2010 ........................................................................... 356,194,000 

Committee recommendation ................................................................. 378,194,000 

The United States Visitor and Immigrant Status Indicator Technology [US-VISIT] account funds the development of a system to 

collect, maintain, and share appropriate information through an integrated information technology system, which determines the eligibility of aliens for admissions and benefits. 

The US-VISIT program office has lead responsibility within the 

Department of Homeland Security to work with the Federal Bureau of Investigation [FBI] on the further integration of the Automated Biometric Identification System [IDENT] and the FBI’s Integrated Automated Fingerprint Identification System [IAFIS]. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $378,194,000, $22,000,000 above the 

budget request, to remain available until expended, for the United 

States Visitor and Immigrant Status Indicator Technology [USVISIT]. 

IMPLEMENTATION OF BIOMETRIC AIR EXIT

The Committee strongly supports the full implementation of a biometric air exit capability at the earliest practicable time. 

The Department of Homeland Security Appropriations Act, 2009 

required US-VISIT to test and report on the collection of biometrics 

from non-U.S. citizens exiting the United States in two different 

settings at airports—air carrier collection of biometrics from passengers already subject to US-VISIT entry requirements and CBP 

collection of those passengers’ biometrics at the boarding gate—before funding can be released to support the publication of an air/ 

sea biometric exit final rule and the deployment of biometric exit 

procedures to airports and seaports. 

Unfortunately, no airline agreed to participate in a pilot. Consequently, US-VISIT is conducting the one required pilot, in which 

CBP collects biometrics from non-U.S. citizens at the departure 

gate at the Detroit Metropolitan Wayne County Airport, and another in which the Transportation Security Administration is collecting biometrics from non-U.S. citizens at a security checkpoint at 

the Hartsfield-Jackson Atlanta International Airport. These pilots 

began on May 28, 2009. 

No additional funds are requested in the President’s fiscal year 

2010 budget for a biometric air exit capability. The Secretary has 
93 

indicated that approximately $28,000,000 remains available from 

prior year appropriations for this purpose. The evaluation of the air 

exit pilots is scheduled to be completed by the beginning of fiscal 

year 2010. The Committee includes bill language requiring that no 

less than $28,000,000 of funds carried forward be used solely for 

implementation of a biometric air exit capability. Further, the 

Committee recommends an additional $22,000,000, above the request, making a total of $50,000,000, for implementation of a biometric air exit capability in 2010. 

The Committee directs the Secretary to provide quarterly briefings on the progress in implementing a biometric air exit system, 

beginning October 1, 2009. 

TIMELINESS OF SPEND PLAN SUBMISSION

The Committee continues to be concerned with the repeated 

delays in submitting the statutorily required expenditure plans for 

US-VISIT which have resulted in large carryover balances from one 

year to the next. For example, the 2008 expenditure plan was not 

submitted until June 12, 2008, which meant that nearly a quarter 

of the program’s budget carried over into fiscal year 2009. Similarly, the fiscal year 2009 report was submitted on April 9, 2009. 

It should not take half of a fiscal year to submit an expenditure 

plan for a critical security program such as US-VISIT. The Committee understands that new procedures have been developed in 

which the US-VISIT program office is working with the DHS chief 

executive officers to obtain on a more timely basis the program certifications required within appropriations language by providing 

program documentation on a more recurring basis throughout the 

year. US-VISIT’s goal is to complete the expenditure plan within 

five weeks of the end of the fiscal year. The Committee strongly 

supports this effort and includes bill language mandating submission of the fiscal year 2010 plan not later than 90 days after the 

date of enactment of this act. 

UNIQUE IDENTITY/IAFIS INTEGRATION AND 10-PRINT TRANSITION

Since the creation of the Department, this Committee has strongly supported and encouraged real-time interoperability between the 

IDENT and IAFIS biometric databases and the transition to capturing 10 fingerprints of all visitors to the United States. The Committee notes that the interoperability effort from September 2006 

through April 25, 2009, has identified more than 36,696 individuals 

with wants and warrants or who are known or suspected terrorists 

and has prevented their entry into the United States. The Committee recognizes that while the FBI’s transition to the Next Generation Identification of fingerprinting technology is an ongoing, 

multi-year process, the Committee fully funds the $28,700,000 request for Unique Identity as US-VISIT continues its portion of the 

interoperability effort with the FBI. The Committee directs the USVISIT program office to continue aggressively pursuing this issue 

and to continue providing quarterly briefings on progress being 

made on Unique Identity. 
94 

FEDERAL PROTECTIVE SERVICE

Appropriations, 2009 ............................................................................. ( 1 ) 

Budget estimate, 2010 2 3 ...................................................................... 1,115,000,000 

Committee recommendation 2 3 ............................................................ 1,115,000,000 

1The Federal Protective Service was funded in U.S. Immigration and Customs Enforcement 

in fiscal year 2009. 2Fully funded by offsetting collections paid by General Services Administration tenants and 

credited directly to this appropriation. 3 CBO re-structured FPS collections in its 2010 re-estimate of the President’s budget to include reimbursable contract guard service collections, which had not been displayed in prior 

years. 

The Federal Protective Service [FPS] is responsible for the security and protection of Federal property under the control of the 

General Services Administration [GSA]; and for the enforcement of 

laws for the protection of persons and property, the prevention of 

breaches of peace, and enforcement of any rules and regulations 

made and promulgated by the GSA Administrator. The FPS authority can also be extended by agreement to any area with a significant Federal interest. The FPS account provides funds for the 

salaries, benefits, travel, training, and other expenses of the program, offset by collections paid by GSA tenants and credited to the 

account. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $1,115,000,000, as requested, for 

salaries and expenses of the Federal Protective Service for fiscal 

year 2010; this amount is fully offset by collections of security fees. 

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

FEDERAL PROTECTIVE SERVICE 

[In thousands of dollars] 

Fiscal year 2009 

enacted 1

Fiscal year 2010 

budget request 

Committee 

recommendations 

Basic security ................................................................................ ............................ 213,673 213,673 

Building specific security .............................................................. ............................ 426,327 426,327 

Reimbursable security fees (contract guard services) ................. ............................ 475,000 475,000 

Total, Federal Protective Service ...................................... ............................ 1,115,000 1,115,000 

Offsetting Fee Collections .............................................................. ............................ ¥1,115,000 ¥1,115,000 

1The Federal Protective Service was funded in U.S. Immigration and Customs Enforcement 

in fiscal year 2009. 

FINANCIAL MANAGEMENT

The Committee believes in the FPS mission and supports the 

transfer of FPS from U.S. Immigration and Customs Enforcement 

to the National Protection and Preparedness Directorate [NPPD]. 

The Committee continues to have serious concern that this agency 

has not received the attention and support that its critical mission 

requires. The fact that the budget appendix failed to include the actual bill language for this agency did not send a reassuring message. To ensure that FPS receives appropriate oversight, the Committee directs the Under Secretary of NPPD to provide semi-annual briefings to the Committees on Appropriations on the agency’s 
95 

financial status, management, staffing, and mission. The first briefing shall occur no later than January 15, 2010. 

Because FPS suffered from years of neglect after its transfer in 

2003 from GSA to the Department, the Congress took legislative 

steps to ensure that FPS regained its traditional role as a protector 

of Federal buildings and the women and men who work in and visit 

them. The Department of Homeland Security Appropriations Act, 

2009, required the Secretary and the Director of the Office of Management and Budget to certify that FPS is sufficiently funded to 

support a staff of 1,200 employees, including at least 900 Police Officers, Inspectors, Area Commanders, and Special Agents by December 31, 2008. The Committee includes similar language this 

year. 

OFFICE OF HEALTH AFFAIRS

Appropriations, 2009 ............................................................................. $157,191,000 

Budget estimate, 2010 ........................................................................... 138,000,000 

Committee recommendation ................................................................. 135,000,000 

SUMMARY

The Office of Health Affairs [OHA], headed by the Chief Medical 

Officer who also serves as the Assistant Secretary for Health Affairs, leads the Department on medical issues related to natural 

and man-made disasters; serves as the principal advisor to the Secretary on medical and public health issues; coordinates biodefense 

activities within the Department; and serves as the Department’s 

primary contact with other Departments and State, local, and tribal governments on medical and public health issues. 

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

OFFICE OF HEALTH AFFAIRS 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

BioWatch .................................................................................................... 111,606 94,513 89,513 

National Biosurveillence Integration System ............................................. 8,000 8,000 8,000 

Rapidly Deployable Chemical Detection System ....................................... 2,600 2,600 2,600 

Planning and Coordination ........................................................................ 5,775 2,476 4,476 

Salaries and Expenses ............................................................................... 29,210 30,411 30,411 

Total, Office of Health Affairs ...................................................... 157,191 138,000 135,000 

SALARIES AND EXPENSES

The Committee recommends $30,411,000 for salaries and expenses, an increase of $1,201,000 from the fiscal year 2009 level 

and the same amount as the budget request. 

BIOWATCH

The Committee recommends $89,513,000 for the BioWatch pro- gram, $22,093,000 less than the fiscal year 2009 level and 

$5,000,000 below the budget request. The Committee acknowledges 

that the budget request reflects the beginnings of a needed realignment of the program. However, the Committee is also aware that 
96 

some detectors have recently been terminated because of technical 

difficulties with the system. The recommended level of funding 

shall be used to maintain the remaining first and second generation baseline biological surveillance capability and to complete the 

Gen–3.0 prototype unit field testing, perform data analysis, and 

verify the performance of the technology. 

PLANNING AND COORDINATION

The Committee recommends $4,476,000, which is $1,299,000 

below the fiscal year 2009 level and $2,000,000 above the budget 

request. The Committee notes the important work that the Office 

of Medical Readiness and the Food, Agricultural, and Veterinary 

[FAV] Defense Division do related to component health services 

and FAV security, especially related to pandemic influenza. The 

Committee recognizes that the unobligated balances of previous 

year appropriations, in addition to the amount recommended, will 

allow the needed work to be completed. 

PROJECT BIOSHIELD

The President’s budget proposes to transfer the remaining balances appropriated in fiscal year 2004 under the heading ‘‘Biodefense Countermeasures’’ to the Department of Health and 

Human Services [HHS]. The transfer of funds, if approved, would 

be included in the fiscal year 2010 Departments of Labor, Health 

and Human Services, and Education, and related agencies appropriation bill. The transfer would provide more streamlined management for the program in combination with other related HHS programs. The transfer shall not modify the role for DHS as established in section 319F–2 of the Public Health Service Act, including 

its authority to determine material threats or as a participant in 

the procurement process for this program. The Committee strongly 

urges HHS, in conjunction with DHS to use funds for the intended 

purpose, as established in section 319F–2 of the Public Health 

Service Act, which is, ‘‘to treat, identify, or prevent harm from biological, chemical, radiological, or nuclear agents indentified as an 

on-going material threat’’. It is imperative that these funds be used 

to ensure the Nation’s long-term readiness for all threats and are 

not depleted at the expense of one current threat. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

MISSION

The primary mission of the Federal Emergency Management 

Agency [FEMA] is to reduce the loss of life and property and protect the Nation from all-hazards, including natural disasters, acts 

of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, 

and mitigation. 

COMMITTEE RECOMMENDATIONS

The Committee recommends a total program level of 

$7,094,384,000 for activities of FEMA for fiscal year 2010. 
97 

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

FEDERAL EMERGENCY MANAGEMENT AGENCY 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Management and Administration ............................................ 837,437 852,200 859,700 

State and Local Programs ....................................................... 3,105,700 1 3,867,000 3,067,200 

Emergency Appropriations (Public Law 111–5) ............. 300,000 .............................. ..............................

Firefighters Assistance Grants ................................................ 775,000 ( 2 ) 800,000 

Emergency Appropriations (Public Law 111–5) ............. 210,000 .............................. ..............................

Emergency Management Performance Grants ......................... 315,000 ( 3 ) 350,000 

Radiological Emergency Preparedness Program ..................... ¥505 ¥265 ¥265 

United States Fire Administration ........................................... 44,979 45,588 45,588 

Disaster Relief ......................................................................... 4 1,400,000 2,000,000 4 1,456,866 

Disaster Assistance Direct Loan Program Account 5 .............. 295 295 295 

Flood Map Modernization Fund ................................................ 220,000 220,000 220,000 

National Flood Insurance Fund ................................................ (156,599 ) (159,469 ) (159,469 ) 

National Predisaster Mitigation Fund ...................................... 90,000 150,000 120,000 

Emergency Food and Shelter ................................................... 200,000 100,000 175,000 

Emergency Appropriations (Public Law 111–5) ............. 100,000 .............................. ..............................

Total, Federal Emergency Management Agency ......... 7,572,906 7,234,818 7,094,384 

Appropriations ............................................................ 6,987,906 7,234,818 7,094,384 

Emergency Appropriations (Public Law 111–5) ......... 610,000 .............................. ..............................

1 Includes $590,000,000 for Firefighter Assistance Grants and $315,000,000 for Emergency Management Performance Grants. 

2 Budget proposes $590,000,000 under ‘‘State and Local Programs’’ account. 

3 Budget proposes $315,000,000 under ‘‘State and Local Programs’’ account. 

4 Includes $16,000,000 for the transfer to the Office of Inspector General. 

5 Funding for administrative expenses totaling $580,000 is provided in the FEMA Management and Administration account. 

MANAGEMENT AND ADMINISTRATION

Appropriations, 2009 ............................................................................. $837,437,000 

Budget estimate, 2010 ........................................................................... 852,200,000 

Committee recommendation ................................................................. 859,700,000 

Funding for Management and Administration [M&A] provides for 

the development and maintenance of an integrated, nationwide capability to prepare for, mitigate against, respond to, and recover 

from the consequences of major disasters and emergencies, regardless of cause, in partnership with Federal agencies, State, local, 

and tribal governments, volunteer organizations, and the private 

sector. M&A supports FEMA’s programs by coordinating between 

Headquarters and Regional Offices the policy, managerial, resources, and administrative actions. 

COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $859,700,000 for 

Management and Administration. 

The specific levels recommended by the Committee, as compared 

to the fiscal year 2009 and budget request levels, are as follows: 

MANAGEMENT AND ADMINISTRATION 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Operations Activities .................................................................................. 798,595 817,205 820,205 

National Capital Region Coordination ....................................................... 6,342 6,995 6,995 
98 

MANAGEMENT AND ADMINISTRATION—Continued 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Urban Search and Rescue ......................................................................... 32,500 28,000 32,500 

Total, Management and Administration ...................................... 837,437 852,200 859,700 

OPERATIONS ACTIVITIES

The Committee recommends $820,205,000 for Operations Activi- ties, instead of $817,205,000 as proposed in the budget. The Committee also includes a transfer of up to $50,000,000 from Disaster 

Relief for management and administration activities, as requested 

in the budget. This transfer will support unforeseen personnel costs 

related to the conversion of temporary disaster employees to permanent status. 

The recommended amount includes an increase of $5,000,000, 

which is provided for a human capital study, as described in the 

FEMA ‘‘Management and Administration’’ account of this report; 

for a State, Local, and Tribal preparedness task force, as described 

in the ‘‘State and Local Programs’’ account; and for an increase to 

Ready.gov. Of the total amount, $5,900,000 is provided for data 

center consolidation and migration, which is $2,000,000 below the 

request. The reduction is based on the Department’s execution plan 

that has activity occurring in fiscal year 2011. 

Operations Activities include funding for the Disaster Operations 

Directorate, National Continuity Programs, the Disaster Assistance 

Directorate, the Logistics Management Directorate, the Mitigation 

Directorate, administrative costs for the Disaster Assistance Direct 

Loan Program, the Office of the Administrator, the Office of Policy 

and Program Analysis, the Office of the Chief Financial Officer, the 

Office of the Chief Counsel, the Office of Equal Rights, the Office 

of Regional Operations, the Office of External Affairs, and the Office of Management. Funding for the National Preparedness Directorate and the Grant Programs Directorate is provided in the 

‘‘State and Local Programs’’ account. 

FISCAL MANAGEMENT AND TRANSPARENCY IN SPENDING

The Committee includes a provision directing FEMA to submit 

its fiscal year 2011 budget request, including justification materials, by office. Each office and FEMA region shall provide: (1) 

budget detail by object classification; (2) the number of FTE onboard; (3) the number of FTE vacancies; and (4) the appropriation 

account(s) used to support the office and the programs managed by 

the office. This level of detail provides improved transparency and 

refined tracking of actual spending which is imperative given 

FEMA’s growth in size and mission. Further, FEMA shall report to 

the Committee within 15 days if any office receives or transfers 

more than 5 percent of the total amount allocated to each office. 

Since the inadequate response to Hurricane Katrina, FEMA has 

experienced tremendous change and expedited growth. Additionally, many fiscal reforms have been identified, of which some have 

been implemented. The Committee recognizes that the Office of the 
99 

Chief Financial Officer [OCFO] is the key to stabilizing the important fiscal reforms that have and need to occur. The OCFO is encouraged to continue the proactive and transparent management of 

resources which will further support FEMA’s ability to successfully 

accomplish its mission. 

FINANCIAL WEAKNESSES

The Committee notes that the OCFO is aggressively addressing 

the material financial weaknesses that have been identified. Despite improvements, FEMA still has weaknesses in its financial 

management and internal controls as reported by the Office of Inspector General [OIG] in the Management Letter for the fiscal year 

2008 DHS’ Financial Statement Audit in March 2009, and the OIG 

Independent Auditor’s Report on FEMA’s fiscal year 2008 Mission 

Action Plans in July 2008. The Committee directs FEMA to correct 

these weaknesses without delay, and to provide a briefing to the 

Committees on Appropriations within 45 days of the date of enactment of this act on the progress of implementing the Mission Action Plan. Further, the Committee cautions that the OCFO cannot 

rectify all of the issues identified in the audits on its own. Component heads and program managers must work to resolve the issues 

as well. FEMA is directed to provide a list of components that have 

outstanding issues and no plan in place to address those outstanding issues with the fiscal year 2011 budget request. 

FEMA WORKFORCE

Since 2007, FEMA has grown from 2,500 FTE to 4,000 FTE and 

it is better, but not fully, positioned to be responsive to the Nation’s 

needs, including a catastrophic event. The Committee recognizes 

that after the significant growth of the last several years it is now 

prudent to take stock of the FEMA workforce and identify future 

needs to ensure it is fully positioned to respond to the risks the 

country faces. Therefore, an additional $2,250,000 is recommended 

above the request for FEMA to partner with the Homeland Security Institute to conduct a study and evaluation of FEMA’s human 

capital resources. The study shall include, but is not limited to, 

specific recommendations regarding the overall size of FEMA’s 

workforce and the personnel needs of the specific components, including the Disaster Reserve Workforce; the optimal distribution of 

personnel between headquarters and regional offices to best accomplish its mission; and the skills needed by FEMA to support the 

current and the projected risks the Nation faces. 

The Committee is extremely disappointed that a lack of internal 

controls has led to significant discrepancies in data sets for staff 

on-board and the funding level needed to support those staff. This 

funding discrepancy has slowed the progress of rebuilding FEMA. 

Due to the Committee’s insistence in prior Appropriations Acts for 

robust information technology resources and the recent efforts of 

the OCFO, this issue is being resolved. FEMA is directed to brief 

the Committee on the specific process used to ensure internal controls are in place to prevent this issue in the future. 

The Committee strongly supports a continued and dedicated effort to ensure the Disaster Reserve Workforce has adequate capacity. FEMA is directed to continue its efforts to improve the per-
100 

formance of the Disaster Reserve Workforce, and to continue to 

provide quarterly briefings to the Committee on this matter. 

The Committee also supports the requested increase of 

$2,345,000 and 6 FTE for the Office of Environmental Planning 

and Historic Preservation [EHP]. The work of the EHP staff supports the missions of the Disaster Assistance Directorate, the Mitigation Directorate, and Preparedness grants and should not be a 

choke point for efforts of rebuilding, mitigation, and preparedness. 

STAKEHOLDER INVOLVEMENT

In the Homeland Security Appropriations Act, 2009, $10,000,000 

was withheld from both the Office of the Secretary and Executive 

Management [OSEM] and FEMA ‘‘Management and Administration’’ until the Secretary of Homeland Security, in coordination 

with the Administrator of FEMA, certifies to the Committees on 

Appropriations that a process to incorporate State and local stakeholder input for grants has been developed. It is unconscionable 

that 6 years after the creation of the Department there is still an 

inefficient grant process. Further, it is disconcerting that the Secretary has yet to certify a process. The Committee expects a certification no later than August 31, 2009. Similar language is contained 

in the OSEM section of this report. 

INFORMATION AND TECHNOLOGY

The Committee recommends the budget request of $65,201,000 

for information technology [IT] maintenance and improvements. 

Superb information technology is imperative for FEMA’s complex 

and varied mission. FEMA is directed to continue to provide quarterly briefings to the Committee regarding the progress of IT improvements. 

INTEGRATED PUBLIC ALERT AND WARNING SYSTEM

The Committee cautiously supports the budget request for the 

Integrated Public Alert and Warning System [IPAWS]. The Homeland Security Appropriations Act, 2009, directed FEMA to provide 

a plan to the Committees on Appropriations by January 2009, outlining the completion of the conversion of IPAWS from the current 

emergency alert system. To date, no plan has been received. The 

Committee has been supportive of this important program as upgrades to the current system are needed to provide messages over 

more types of media to more people before, during, and after a disaster. However, bureaucratic delays do not make citizens safer and 

each day that passes without improvements to this system is a 

wasted opportunity to provide timely and accurate information to 

citizens in harm’s way. The Committee expects to receive the plan 

without delay. 

READY.GOV

The Committee recommends $3,000,000 for Ready.gov, which is 

$500,000 above the budget request. The Committee supports the 

Ready Campaign which educates citizens on how to prepare for and 

respond to emergencies. While education efforts must be locally 

driven, they need to be coordinated among all levels of government 
101 

for consistency when an emergency, regardless of the size, does 

occur. If messages are not coordinated at all levels of government, 

citizens will receive conflicting information potentially causing 

more harm. The increase is provided to ensure requests from State 

and local governments to update or to localize public service advertising can be better met. 

PRIVATE SECTOR PREPAREDNESS

The Committee encourages FEMA and the National Protection 

and Programs Directorate [NPPD] to continue joint efforts regarding the improvement of private sector preparedness through the 

Voluntary Private Sector Preparedness and Accreditation and Certification Program, as required in the 9/11 Act. 

EMERGENCY MANAGEMENT INSTITUTE

The Committee supports the budget request of no less than 

$7,100,000 for the Emergency Management Institute. 

NATIONWIDE PLAN REVIEW UPDATE

The Committee directs FEMA to provide an update on the status 

of catastrophic planning, including mass evacuation planning, in 

all 50 States and the 75 largest urban areas by April 16, 2010. The 

update should include the same certifications and status of plans 

for evacuations included in the Nationwide Plan Review dated 

June 16, 2006. 

NATIONWIDE CYBER SECURITY REVIEW

The security of State and local information technology networks 

has serious implications for homeland security, as network security 

affects both the continuity of government and the operations of critical infrastructure. Cyber attacks have disrupted State government 

networks, systems, and operations. Despite its importance, there is 

not a comprehensive effort to evaluate the security level of State 

or local information technology networks, as it pertains to cyberspace. The Committee directs the Secretary, in coordination with 

FEMA and NPPD, to report on the status of cyber security measures in place, and gaps in all 50 States and the largest urban areas 

by June 1, 2010. The report should include certifications from each 

State and urban area as to the exact status of cyber security measures in place, when the date security plans were last updated, the 

dates contingency exercises were last conducted, and plans for disaster recovery. Similar language is included in the NPPD section 

of this report. 

STATE, LOCAL, AND TRIBAL PREPAREDNESS TASK FORCE

The Committee provides $2,250,000 above the budget request to 

establish and operate a state, local, and tribal preparedness task 

force. The National Preparedness Directorate, with cooperation 

from the Office of Intergovernmental Affairs, shall lead the administrative effort for the task force. 

In June 2004, the report from the Task Force on State and Local 

Homeland Security Funding found that the ‘‘grants process that 

has evolved under a microscope without the benefit of ‘‘normal ma-
102 

turity’’ afforded similar programs over the years . . . no one action will solve all of the concerns that have been voiced. This is an 

enterprise problem that demands an enterprise solution.’’ Now, 6 

years after the creation of DHS, and after the significant growth 

in FEMA’s size and mission, it is an appropriate time to review the 

homeland security grant programs and also to take an enterprise 

wide view of the grants, mandates, and guidance that to date have 

shaped the current approach to prevent, prepare for, mitigate 

against, and respond to all-hazards. 

The task force shall include members from all levels of government across the preparedness and responder communities and 

grants administration. 

The task force should find consensus-based solutions to an interwoven set of homeland security needs and requirements among all 

levels of lGovernment for all-hazards. The task force shall review 

current programs and requirements and provide recommendations 

for all three levels of government and their equally shared responsibilities in three main areas: grant programs, Federal mandates, 

and guidance issued by FEMA. FEMA is not limited to $2,250,000 

for this effort. 

U.S. FIRE SERVICE NEEDS ASSESSMENT

FEMA, in conjunction with the National Fire Protection Association, is directed to provide to the Committees on Appropriations no 

later than February 5, 2010, an update to the U.S. Fire Service 

Needs Assessment. The update shall be consistent with the last assessment completed in February 2006 in scope and methodology. 

OFFICE OF NATIONAL CAPITAL REGION COORDINATION

The Committee recommends $6,995,000 for the Office of National 

Capital Region Coordination [ONCRC], as requested in the budget. 

Congress established the ONCRC to enhance domestic preparedness through cooperation of the Federal, State, and local governments in the unique environment of the National Capital Region 

[NCR]. 

The Committee remains concerned that planning for evacuation 

of the NCR during a disaster has not incorporated all of the pertinent officials from the appropriate local communities and States in 

the decisionmaking process. Therefore, the Committee includes bill 

language requiring inclusion of the Governors of the State of West 

Virginia and the Commonwealth of Pennsylvania in the NCR decisionmaking and planning process for mass evacuations. Further, 

the Committee again directs the Department to include officials 

from the counties and municipalities that contain the evacuation 

routes and their tributaries in the planning process. 

URBAN SEARCH AND RESCUE

The Committee recommends $32,500,000, the same amount as 

provided in fiscal year 2009 and $4,500,000 above the President’s 

request, to support the 28 existing Urban Search and Rescue 

Teams. The Committee is dismayed that the report regarding the 

need for an additional team, required in the Homeland Security 
103 

Appropriations Act, 2009, has not been provided and expects FEMA 

to provide it without delay. 

STATE AND LOCAL PROGRAMS

Appropriations, 2009 1 ........................................................................... $3,405,700,000 

Budget estimate, 2010 2 ......................................................................... 3,867,000,000 

Committee recommendation 3 ............................................................... 3,067,200,000 

1 Includes $300,000,000 in emergency appropriations provided in the American Recovery and 

Reinvestment Act of 2009 (Public Law 111–5). 2 Includes $590,000,000 for Firefighter Assistance Grants and $315,000,000 for Emergency 

Management Performance Grants. 3The Committee recommendation exceeds the requested level by $105,200,000 after reducing 

the request by the amounts requested under this heading that are funded elsewhere. 

State and local programs provide grants for training, equipment 

(including interoperable communications equipment), exercises, and 

technical assistance to improve readiness for potential disasters. 

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

STATE AND LOCAL PROGRAMS 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Grants: 

State Homeland Security Grant Program1 ........................... 950,000 950,000 950,000 

Operation Stonegarden 1 ....................................................... [60,000 ] [60,000 ] [60,000 ] 

Urban Area Security Initiative .............................................. 837,500 887,000 887,000 

Regional Catastrophic Preparedness Grants ........................ 35,000 35,000 35,000 

Metropolitan Medical Response System ............................... 41,000 40,000 40,000 

Citizen Corps ......................................................................... 15,000 15,000 15,000 

Public Transportation Security Assistance and Railroad Security Assistance .............................................................. 400,000 250,000 356,000 

Emergency Appropriations (Public Law 111–5) .......... 150,000 ............................ ............................

Port Security Grants .............................................................. 400,000 250,000 350,000 

Emergency Appropriations (Public Law 111–5) .......... 150,000 ............................ ............................

Over-the-Road Bus Security Assistance ............................... 12,000 ............................ ( 2 ) 

Trucking Industry Security Grants ........................................ 8,000 ............................ ............................

Buffer Zone Protection Program Grants ............................... 50,000 50,000 50,000 

Driver’s License Security Grants Program ............................ ( 3 ) 50,000 50,000 

Commercial Equipment Direct Assistance Program ............. 8,000 ............................ ............................

Interoperability Emergency Communications Grant Program 50,000 50,000 50,000 

Emergency Operations Centers ............................................. 35,000 ............................ 20,000 

Fire Assistance Grants .......................................................... ( 4 ) 590,000 ( 4 ) 

Emergency Management Performance Grants ...................... ( 5 ) 315,000 ( 5 ) 

Subtotal, Grants ............................................................... 3,141,500 3,482,000 2,803,000 

National Programs: 

National Domestic Preparedness Consortium/Other Programs ............................................................................... 103,700 51,500 103,700 

Center for Domestic Preparedness/Noble Training Center ... 62,500 62,500 62,500 

National Exercise Program .................................................... 40,000 42,000 40,000 

Technical Assistance ............................................................ 11,000 13,000 13,000 

Continuing Training Grants .................................................. 31,000 23,000 27,000 

Evaluations and Assessments .............................................. 16,000 18,000 18,000 

Subtotal, National Programs ............................................ 264,200 210,000 264,200 

Management and Administration ......................................... ( 6 ) 175,000 ( 6 ) 

Total, State and Local Programs ..................................... 3,405,700 7 3,867,000 3,067,200 

Appropriations .................................................................. 3,105,700 3,867,000 3,067,200 
104 

STATE AND LOCAL PROGRAMS—Continued 

[In thousands of dollars] 

Fiscal year 2009 enacted Fiscal year 2010 

budget request 

Committee recommendations 

Emergency Appropriations (Public Law 111–5) ............... 300,000 ............................ ............................

1 Funding for Operation Stonegarden provided within the State Homeland Security Grant Program. 

2 Funding available under Public Transportation Security Assistance and Railroad Security Assistance PPA. 

3 Funding of $50,000,000 provided for similar purpose in a general provision. 

4 Funds appropriated under the Firefighter Assistance Grants account. 

5 Funds appropriated under the Emergency Management Performance Grants account. 

6 Funding provided as a percentage of State and Local Programs appropriation. 

7 The Committee recommendation exceeds the requested level by $105,200,000 after reducing the request by the amounts requested under 

this heading that are funded elsewhere. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $3,067,200,000 for State and local 

programs. The Committee recommendation exceeds the requested 

level by $105,200,000 after reducing the request by the amounts requested under this heading that are funded elsewhere. The Committee includes a provision providing 4.1 percent of the total 

amount appropriated for State and local programs for both the 

Grants Programs Directorate [GPD] and the National Preparedness 

Directorate [NPD]. This is consistent with the structure of previous 

years and provides the same amount as requested in the President’s fiscal year 2010 budget for these important activities. The 

funds provided for State and local grants are to be used for purposes consistent with each State’s homeland security strategy, including: training and exercises; equipment, including interoperable 

communications equipment; and technical assistance; and may not, 

with certain exceptions, be used for construction activities. 

The President proposes to reduce port security, transit security 

and fire grants by $485,000,000 based on the assertion that funds 

were provided for these programs in the Stimulus Act. The Committee does not accept the notion that these cuts are justified by 

the availability of Stimulus Act funds, which were provided for different purposes and to create jobs. The Stimulus Act funds were 

not provided to prefund fiscal year 2010 activities. The Committee 

has restored these cuts to the extent possible. 

State and local assistance is for strengthening ‘‘first responders’’—police, fire, rescue, emergency medical, and other personnel— 

who are first on scene in the event of a terrorist attack, natural 

disaster, or a catastrophic event. For purposes of eligibility for 

funds under this heading, any county, city, village, town, district, 

borough, parish, port authority, transit authority, intercity rail provider, commuter rail system, freight rail provider, water district, 

regional planning commission, council of government, Indian tribe 

with jurisdiction over Indian country, authorized tribal organization, Alaska Native village, independent authority, special district, 

or other political subdivision of any State shall constitute a ‘‘local 

unit of government.’’ 

The Department is encouraged to consider the need for mass 

evacuation planning and pre-positioning of equipment for areas potentially impacted by mass evacuations in allocating first responder 

funds. The Department is encouraged to work with States, local 

governments, and non-profit entities to develop comprehensive 

strategies for evacuating, transferring, and providing continued 
105 

care for high-risk obstetric patients and neonates. Further, the 

Committee urges the Department to encourage State and local governments and all grantees to develop pre-event recovery plans in 

conjunction with their response and mitigation plans. The Committee is concerned that Federally recognized tribes are not adequately included in homeland security efforts and encourages 

FEMA to require State and local governments to include tribal governments in their planning efforts. Additionally, the Committee is 

concerned that State and local cyber security issues are not receiving the required resources and attention and FEMA is encouraged 

to require State and local governments to include Chief Information Officers in planning efforts. The Committee is concerned that 

drinking water and sanitation security needs, especially related to 

emergency response initiatives, are not adequately addressed and 

FEMA is encouraged to require State and local governments to include rural water associations in planning efforts as well. 

The Committee is supportive of the Department’s efforts to 

evaluate applications based on risk and effectiveness. The Department should continue its efforts to evaluate the State Homeland 

Security Grant Program [SHSGP] and the Urban Area Security 

Initiative [UASI] applications based on how effectively these grants 

will address identified homeland security needs. The Department 

shall work aggressively to ensure grant applicants have the same 

information that is available to the Department with regard to 

threat, vulnerability, and consequence to ensure applications reflect 

true risk. 

The Committee expects FEMA to continue to fully engage subject 

matter experts within the Department when appropriate in the development of grant guidance and the determination of awards. Subject matter experts include the U.S. Customs and Border Protection, Coast Guard, the Transportation Security Administration, the 

National Protection and Programs Directorate, the Office of Health 

Affairs, Science and Technology, the Law Enforcement Advisor to 

the Administrator, and the DHS Office of State and Local Law Enforcement. Full engagement of subject matter experts, however, 

does not diminish FEMA’s responsibilities to be the lead Agency 

and foremost coordinator of each of the grant programs. FEMA is 

directed to assume all programmatic functions of grant programs 

for the Department and shall be the primary point of contact for 

all grantees. The Committee is concerned that there continues to 

be imperfect cooperation and collaboration between GPD and some 

subject matter experts. It is imperative that components put aside 

differences and focus on how best to manage and improve the programs funded by Congress. 

The Committee includes specific timeframes for grant dollar distribution and expects FEMA and the Department to comply with 

the law to ensure homeland security funds are distributed in a 

timely manner. For SHSGP, UASI, Regional Catastrophic Preparedness Grants, Metropolitan Medical Response System Grants, 

and Citizens Corps Program grant guidance shall be issued in 25 

days, applicants shall apply within 90 days after guidance is 

issued, and FEMA shall act on the application within 90 days after 

applications are due. For Public Transportation Security Assistance 

and Railroad Security Assistance, Port Security Grants, Over-The- 
106 

Road Bus Security Assistance, Driver’s License Security Grants 

Program, Interoperable Emergency Communications Grant Program, and Buffer Zone Protection Program, grant guidance shall be 

issued in 30 days, applicants shall apply within 45 days after guidance is issued, and FEMA shall act on the application within 60 

days after applications are due. 

The Committee directs FEMA to provide a report on the factors 

it uses to set the priorities within grant guidance. The report shall 

also include an evaluation of the funding that has been used for 

planning and recovery, especially for transit security and port security. 

STATE HOMELAND SECURITY GRANT PROGRAM

The Committee recommends $950,000,000 for State Homeland 

Security Grant Program [SHSGP], of which $60,000,000 shall be 

for Operation Stonegarden Grants, as requested in the budget. The 

Committee notes that the 0.1 percent allocation of SHSGP to directly eligible tribes, as required in the 9/11 Act, is a minimum, not 

the maximum, amount that should be made available based on 

risk. Further, the Committee encourages the Department to clarify 

that Western Hemisphere Travel Initiative [WHTI] implementation 

activities, including issuance of WHTI compliant tribal IDs are eligible under this grant program. In accordance with section 2004 of 

the Homeland Security Act of 2002, all funds (excluding Operation 

Stonegarden) above the amount automatically allocated to States 

and territories, shall be allocated based on risk (as defined by 

threat, vulnerability, and consequences). Operation Stonegarden 

shall be competitively awarded. 

URBAN AREA SECURITY GRANT PROGRAM

The Committee recommends $887,000,000 for the UASI Grant 

Program, as proposed in the budget. Of the amount provided under 

this heading, $20,000,000 is available for nonprofit entities determined to be at risk by the Secretary. 

LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM

In accordance with section 2006 of the Homeland Security Act of 

2002, the Law Enforcement Terrorism Prevention Program 

[LETPP] is funded through a required set aside of 25 percent of the 

funds appropriated through the SHSGP and UASI programs. The 

Committee directs FEMA to provide clear guidance to States and 

urban areas to ensure that the intent of LETPP is fully realized 

and the program is fully maximized. 

REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM

The Committee recommends $35,000,000 for the Regional Catastrophic Preparedness Grant Program [RCPGP], the same amount 

as proposed in the budget. 

The RCPGP has provided needed funding for planning efforts. As 

plans are completed, FEMA is directed to: prioritize funding for efforts which formalize sustainable working groups for continued effective coordination; ensure synchronization of plans and shared 

best practices; implement citizen and community preparedness 
107 

campaigns; and pre-position needed commodities and equipment. 

FEMA is further directed to take into account the needs of both the 

area at risk of attack and likely host communities. 

METROPOLITAN MEDICAL RESPONSE SYSTEM

The Committee recommends $40,000,000 for the Metropolitan 

Medical Response System [MMRS], instead of $40,000,000 for the 

Medical Surge Grant Program, as proposed in the budget. 

The Committee is perplexed that the President’s budget includes 

a request to replace the MMRS program with a program, called 

Medical Surge Grant Program, that has no clear explanation or 

justification. Therefore, this proposal is rejected. 

CITIZENS CORPS

The Committee recommends $15,000,000 for the Citizens Corps 

Program, as proposed in the budget. 

PUBLIC TRANSPORTATION SECURITY ASSISTANCE, RAILROAD SECURITY

ASSISTANCE, AND OVER-THE-ROAD BUS SECURITY ASSISTANCE

The Committee recommends $356,000,000 for Public Transportation Security Assistance [PTSA], Railroad Security Assistance 

[RSA], and Over-The-Road Bus Security Assistance; instead of 

$250,000,000 for PTSA and RSA, and no funding for Over-TheRoad Bus Security Assistance as proposed in the budget request. 

Of the recommended amount, no less than $25,000,000 is provided 

for Amtrak security needs and no less than $6,000,000 is for OverThe-Road Bus Security Assistance. 

PORT SECURITY GRANTS

The Committee recommends $350,000,000 the Port Security 

Grant Program, instead of $250,000,000 as proposed in the budget. 

BUFFER ZONE PROTECTION PROGRAM

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

DRIVER’S LICENSE SECURITY GRANTS PROGRAM

The Committee recommends $50,000,000 for the Driver’s License 

Security Grants Program, as proposed in the budget. 

INTEROPERABILITY EMERGENCY COMMUNICATIONS GRANTS

The Committee recommends $50,000,000 for Interoperability 

Emergency Communications Grants, the same amount as proposed 

in the budget. 

The Committee expects that before grant dollars can be obligated 

by grantees for interoperable communications equipment, jurisdictions must certify to FEMA that the funds are being spent in accordance with their plans. The Committee directs FEMA Regional 

Offices to assist in integrating communications plans. 
108 

EMERGENCY OPERATIONS CENTERS

The Committee recommends $20,000,000 for Emergency Operations Centers, instead of no funding as proposed in the budget. 

Bill language is included providing for the Congressionally directed spending items listed in the following table: 

EMERGENCY OPERATIONS CENTERS 

Amount 

State of Ohio .................................................................................................................................................... $1,500,000 

City of Chicago, IL ........................................................................................................................................... 1,000,000 

City of Ames, IA ............................................................................................................................................... 600,000 

County of Union, NJ ......................................................................................................................................... 353,000 

City of Hackensack, NJ .................................................................................................................................... 300,000 

Township of South Orange Village, NJ ............................................................................................................ 247,000 

City of Mount Vernon, NY ................................................................................................................................ 1,000,000 

City of Whitefish, MT ....................................................................................................................................... 900,000 

Lincoln County, WA .......................................................................................................................................... 1,000,000 

City of Providence, RI ...................................................................................................................................... 980,000 

North Louisiana Regional, LA .......................................................................................................................... 980,000 

City of North Little Rock, AR ........................................................................................................................... 900,000 

CENTER FOR DOMESTIC PREPAREDNESS

The Committee recommends $62,500,000 to continue activities 

for the Center for Domestic Preparedness. Included in this amount 

is funding to continue activities for the Noble Training Center. 

NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM/OTHER PROGRAMS

The Committee recommends $102,000,000 for the National Domestic Preparedness Consortium, instead of $51,500,000, as proposed in the budget. Funds are to be allocated in the same 

amounts as fiscal year 2009. Existing members of the Consortium 

include: the National Energetic Materials Research and Testing 

Center, New Mexico Institute of Mining and Technology; the National Center for Biomedical Research and Training, Louisiana 

State University; the National Emergency Response and Rescue 

Training Center, Texas A&M University; the National Exercise, 

Test, and Training Center, Nevada Test Site; the Transportation 

Technology Center, Incorporated, in Pueblo, Colorado; and the Natural Disaster Preparedness Training Center, University of Hawaii, 

Honolulu, Hawaii. 

The Committee clarifies that the Natural Disaster Preparedness 

Training Center provides natural disaster preparedness training, 

including outreach and response training for the public, all hazards 

training for first responders with a particular focus on challenges 

facing island and rural communities, and a certificate and undergraduate degree program for homeland security and disaster management. The Committee also recommends $1,700,000 for counterterrorism 

and cybercrime training at Norwich University in Northfield, 

Vermont. 

CONTINUING TRAINING GRANTS

The Committee provides $27,000,000 for continuing training 

grants, $4,000,000 above the request and $4,000,000 below fiscal 
109 

year 2009. The Committee supports full funding of programs that 

deliver homeland security curricula in the form of executive education programs and accredited master’s degree education. The 

Committee also notes the importance of the Mobile Education 

Team providing half-day, graduate-level seminars on homeland security challenges for Governors, Mayors, and senior staff being conducted prior to any emergency their community may experience. 

NATIONAL EXERCISE PROGRAM

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

below the budget request. 

TECHNICAL ASSISTANCE

The Committee recommends $13,000,000 for Technical Assistance, the same amount as the budget request, and $2,000,000 

above fiscal year 2009. 

The Committee encourages FEMA to continue to provide training 

to first responders through the Domestic Preparedness Equipment 

Technical Assistance Program. 

The Committee encourages FEMA to fulfill requests from States 

that apply for technical assistance for a feasibility study, including 

planning and design, of a fixed State emergency training facility. 

EVALUATIONS AND ASSESSMENTS

The Committee recommends $18,000,000 for Evaluations and Assessments. The Committee continues to be alarmed that 6 years 

after the creation of the Department we still cannot effectively answer the question required by legislative and executive mandate: 

How prepared are we? A recent GAO report on National Preparedness [GAO–09–369] found that FEMA has taken initial steps to assess capabilities at all levels of government, but faces methodological and coordination challenges in completing the system. The 

Committee is frustrated with the fractured approach to date of 

measuring the effectiveness of FEMA programs—from grants to 

those actions required by Homeland Security Presidential Directive–8. While the Committee understands that an internal working 

group is beginning to put the pieces of the disparate system together, it fears this process will be cumbersome, wrought with turf 

battles, and slow to produce usable information. Therefore, the Office of Preparedness Policy, Planning, and Analysis shall brief the 

Committee monthly on the detailed plans to measure the Nation’s 

preparedness, including milestone dates and program risks. 

FIREFIGHTER ASSISTANCE GRANTS

Appropriations, 2009 1 ........................................................................... $985,000,000 

Budget estimate, 2010 2 ......................................................................... ........................... 

Committee recommendation ................................................................. 800,000,000 

1 Includes $210,000,000 in emergency appropriations provided in the American Recovery and 

Reinvestment Act of 2009 (Public Law 111–5). 2 Budget proposes $590,000,000 under State and Local Programs. 

Firefighter assistance grants, as authorized by section 33 of the 

Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), 

assist local firefighting departments for the purpose of protecting 
110 

the health and safety of the public and fire fighting personnel, including volunteers and emergency medical service personnel, 

against fire and fire-related hazards. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $800,000,000 for firefighter assistance grants, including $380,000,000 for firefighter assistance 

grants, and $420,000,000 for firefighter staffing grants, to remain 

available until September 30, 2010. This is $25,000,000 above the 

fiscal year 2009 level (excluding funding included in the Stimulus 

Act) and $210,000,000 above the level requested in ‘‘State and 

Local Programs’’. 

The Committee directs the Department to continue the present 

practice of funding applications according to local priorities and 

those established by the United States Fire Administration. 

The Committee directs the Department to continue direct funding to fire departments and the peer review process. Five percent 

of grant funds shall be for program administration. 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Appropriations, 2009 ............................................................................. $315,000,000 

Budget estimate, 2010 1 ......................................................................... ........................... 

Committee recommendation ................................................................. 350,000,000 

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

Funding requested in this account provides support to the Nation’s all-hazards emergency management system and helps to 

build State and local emergency management capability. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $350,000,000 for emergency management performance grants [EMPG], an increase of $35,000,000 

from the amount requested in the budget within the ‘‘State and 

local programs’’ account. EMPG is an essential source of funding 

for State and local emergency management. 

The Committee directs FEMA to retain EMPG as a separate 

grant program, and not to combine its funding with any other 

grant allocation or application process. Not to exceed 3 percent of 

grant funds shall be for administrative expenses. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

Appropriations, 2009 1 ........................................................................... ¥$505,000 

Budget estimate, 2010 1 ......................................................................... ¥265,000 

Committee recommendation 1 ............................................................... ¥265,000 

1Fee collections are estimated to exceed costs. 

The Radiological Emergency Preparedness [REP] program assists 

State and local governments in the development of off-site radiological emergency preparedness plans within the emergency planning zones of commercial nuclear power facilities licensed by the 

Nuclear Regulatory Commission [NRC]. The fund is financed from 

fees assessed and collected from the NRC licensees to recover the 

amounts anticipated to be obligated in the next fiscal year for expenses related to REP program activities. 
111 

COMMITTEE RECOMMENDATIONS

The Committee provides for the receipt and expenditure of fees 

collected, as authorized by Public Law 105–276. The budget estimates fee collections to exceed expenditures by $265,000 in fiscal 

year 2010. 

UNITED STATES FIRE ADMINISTRATION

Appropriations, 2009 ............................................................................. $44,979,000 

Budget estimate, 2010 ........................................................................... 45,588,000 

Committee recommendation ................................................................. 45,588,000 

The mission of the United States Fire Administration [USFA] is 

to reduce losses, both economic and human, due to fire and other 

emergencies through training, research, coordination and support. 

USFA also prepares the Nation’s first responder and healthcare 

leaders through ongoing, and when necessary, expedited training 

regarding how to evaluate and minimize community risk, improve 

protection to critical infrastructure, and be better prepared to react 

to all-hazard and terrorism emergencies. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $45,588,000 for the USFA, as requested in the budget. 

The Committee directs USFA to work with the United States Department of Agriculture and the Department of Interior to ensure 

compatible data on wildfires is available. The Committee is dismayed that the facilities master plan report, which was due to the 

Committees on Appropriations on April 6, 2009, as required by the 

Homeland Security Appropriations Act, 2009, has not been received 

and FEMA is expected to provide it without delay. 

The Committee directs USFA to provide a briefing within 30 

days of the date of enactment of this act on the status of implementing the upgrade to the National Fire Information Reporting 

System, including future milestones for measuring progress. 

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2009 ............................................................................. $1,400,000,000 

Budget estimate, 2010 ........................................................................... 2,000,000,000 

Committee recommendation ................................................................. 1,456,866,000 

Through the Disaster Relief Fund [DRF], the Department provides a significant portion of the total Federal response to victims 

in presidentially declared major disasters and emergencies. Major 

disasters are declared when a State requests Federal assistance 

and proves that a given disaster is beyond the local and State capacity to respond. Under the DRF, FEMA will continue to operate 

the primary assistance programs, including Federal assistance to 

individuals and households; and public assistance, which includes 

the repair and reconstruction of State, local, and nonprofit infrastructure. The post-disaster hazard mitigation set-aside to States, 

as part of the DRF, works as a companion piece to the National 

Pre-Disaster Mitigation Fund. 
112 

COMMITTEE RECOMMENDATIONS

The Committee recommends a total amount of $1,456,866,000 for 

disaster relief. As requested, the Committee recommends bill language transferring up to $50,000,000 of the total amount to FEMA 

‘‘Management and Administration’’ subject to Committee notification, for unforeseen personnel support costs related to the conversion of temporary disaster employees to permanent employees. Additionally, the Committee recommends bill language transferring 

$16,000,000 of the total amount appropriated to the Office of the 

Inspector General for audits and investigations related to disasters. 

The Committee also recommends bill language requiring an expenditure plan and quarterly reports for disaster readiness and 

support costs; and a monthly report on the disaster relief expenditures. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

Appropriations, 2009 1 ........................................................................... $295,000 

Budget estimate, 2010 1 ......................................................................... 295,000 

Committee recommendation 1 ............................................................... 295,000 

1Funding for administrative expenses totaling $580,000 is included in FEMA ‘‘Management 

and Administration’’. 

Disaster assistance loans authorized by the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162) are 

loans to States for the non-Federal portion of cost sharing funds, 

and community disaster loans to local governments incurring a 

substantial loss of tax and other revenues as a result of a major 

disaster. The funds requested for this program include direct loans 

and a subsidy based on criteria including loan amount and interest 

charged. As required by the Federal Credit Reform Act of 1990 (2 

U.S.C. 661 et seq.), this account records, for this program, the subsidy costs associated with the direct loans obligated in 1992 and beyond (including modifications of direct loans), as well as administrative expenses of the program. The subsidy amounts are estimated on a present value basis; the administrative expenses are estimated on a cash basis. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $295,000, as proposed in the budget, 

in subsidy costs for disaster assistance direct loans. 

The Committee recommends administrative costs for the Disaster 

Assistance Direct Loan Program totaling $580,000 for the program. 

These funds are included in FEMA ‘‘Management and Administration’’, as proposed in the budget. 

Bill language is included directing the gross obligations for the 

principal amount of direct loans to not exceed $25,000,000. 

FLOOD MAP MODERNIZATION FUND

Appropriations, 2009 ............................................................................. $220,000,000 

Budget estimate, 2010 ........................................................................... 220,000,000 

Committee recommendation ................................................................. 220,000,000 

This appropriation supports the functions necessary to modernize 

and digitize flood maps. The flood maps are used to determine appropriate risk-based premium rates for the National Flood Insur-
113 

ance Program, to complete flood hazard determinations required of 

the Nation’s lending institutions, and to develop appropriate disaster response plans for Federal, State, and local emergency management personnel. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $220,000,000 for the Flood Map 

Modernization Fund, the same amount as the budget request, and 

includes language in the bill that provides up to 3 percent of the 

funds may be made available for administrative purposes. 

NATIONAL FLOOD INSURANCE FUND

Appropriations, 2009 1 ........................................................................... ($156,599,000) 

Budget estimate, 2010 ........................................................................... (156,469,000) 

Committee recommendation ................................................................. (156,469,000) 

1Fully offset by fee collections. 

The National Flood Insurance Fund is a fee-generated fund 

which provides funding for the National Flood Insurance Program. 

This program enables property owners to purchase flood insurance 

otherwise unavailable in the commercial market. The National 

Flood Insurance Act of 1968 authorizes the Federal Government to 

provide flood insurance on a national basis. This insurance is available to communities which enact and enforce appropriate floodplain 

management measures and covers virtually all types of buildings 

and their contents up to $350,000 for residential types and 

$1,000,000 for all other types. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $159,469,000, as proposed in the 

budget, for the National Flood Insurance Fund, of which 

$40,000,000 is for expenses under section 1366 of the National 

Flood Insurance Act (42 U.S.C. 4104c) to provide assistance planning to States and communities for implementing floodplain management measures to reduce or eliminate the long-term risk of 

flood damage to buildings and other structures eligible for insurance under the National Flood Insurance Program. 

FINANCIAL WEAKNESSES

The Office of Inspector General has identified financial weaknesses in the National Flood Insurance Program as specified in the 

April 2009, National Flood Insurance Program Management Letter 

for the fiscal year 2008 DHS’ Financial Statement Audit. The Committee directs FEMA to correct these weaknesses without delay, 

and to provide a briefing to the Committees on Appropriations 

within 45 days of the date of enactment of this act on the progress 

of implementing the Mission Action Plan. 

NATIONAL PREDISASTER MITIGATION FUND

Appropriations, 2009 ............................................................................. $90,000,000 

Budget estimate, 2010 ........................................................................... 150,000,000 

Committee recommendation ................................................................. 120,000,000 

The National Predisaster Mitigation [PDM] Fund provides grants 

to States, communities, territories, and Indian tribal governments 
114 

for hazard mitigation planning and implementing mitigation 

projects prior to a disaster event. PDM grants are awarded on a 

competitive basis. This program operates independent of the Hazard Mitigation Grant Program, funded through the Disaster Relief 

Fund, which provides grants to a State in which a disaster has 

been declared. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $120,000,000 for PDM, $30,000,000 

above the fiscal year 2009 level, and $30,000,000 below the request. 

EMERGENCY FOOD AND SHELTER

Appropriations, 2009 1 ........................................................................... $300,000,000 

Budget estimate, 2010 ........................................................................... 100,000,000 

Committee recommendation ................................................................. 175,000,000 

1 Includes $100,000,000 in emergency appropriations provided in the American Recovery and 

Reinvestment Act of 2009 (Public Law 111–5). 

This appropriation funds grants to nonprofit and faith-based organizations at the local level to supplement their programs for 

emergency food and shelter to provide for the immediate needs of 

the homeless. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $175,000,000 for Emergency Food 

and Shelter, which is $75,000,000 above the budget request level. 
(115) 

TITLE IV 

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

Appropriations, 2009 ............................................................................. $101,740,000 

Budget estimate, 2010 ........................................................................... 364,000,000 

Committee recommendation ................................................................. 135,700,000 

United States Citizenship and Immigration Services [USCIS] 

funds expenses necessary for the administration of laws and the 

provision of services related to people seeking to enter, reside, 

work, and naturalize in the United States. In addition to directly 

appropriated resources, fee collections are available for the operations of USCIS. 

Immigration Examinations Fees.—USCIS collects fees from persons applying for immigration benefits to support the adjudication 

of applications, as authorized by the Immigration and Nationality 

Act (8 U.S.C. 1356). 

H1–B and L Fraud Prevention and Detection Fees.—USCIS collects fees from petitioners seeking a beneficiary’s initial grant of 

H1–B or L nonimmigrant classification or those petitioners seeking 

to change a beneficiary’s employer within those classifications 

(Public Law 108–447). 

H1–B Nonimmigrant Petitioner Fees.—USCIS collects fees from 

petitioners using the H1–B program (Public Law 108–447). 

COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $2,638,932,000, 

including direct appropriations of $135,700,000 and estimated fee 

collections of $2,503,232,000. 

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

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES—FUNDING SUMMARY 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Appropriations ................................................................................ 101,740 364,000 135,700 

Estimated Fee Collections: 

Immigration Examinations Fees ........................................... 2,495,186 2,451,884 2,451,884 

H–1B and L Fraud Prevention and Detection Fees .............. 31,000 38,348 38,348 

H–1B Non-immigrant Petitioner Fees ................................... 13,000 13,000 13,000 

Total, Estimated Fee Collections ...................................... 2,539,186 2,503,232 2,503,232 

Total, Available Funding .................................................. 2,640,926 2,867,232 2,638,932 
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E-VERIFY

The Committee recommends $118,500,000 for the E-verify program. The $6,500,000, 7 positions, and 4 FTE above the request 

are for additional system enhancements, an identity assurance tool, 

and additional capacity to investigate fraudulent use of identity 

documents. 

The Committee strongly supports E-Verify and the effort the Department is performing to improve E-Verify’s ability to automatically verify those who are work authorized, detect identity fraud, 

and detect system misuse and discrimination. E-Verify is both an 

essential tool for employers committed to maintaining a legal workforce and a key deterrent to illegal immigration. The requested program increase and the additional funds recommended by the Committee will promote monitoring and compliance activities and ITrelated business initiatives geared toward improved system use. 

The Committee notes that USCIS has significantly enhanced EVerify over the last few years, resulting in decreasing tentative 

non-confirmation rates while implementing continuous improvements. According to an independent evaluation of E-Verify, 96.1 

percent of all cases queried through E-Verify were automatically 

verified, in the first instance, as work authorized. The 96.1 percent 

figure (based on data from the third quarter of fiscal year 2008) 

represents a significant improvement over earlier evaluation results; the automatic verification rate improved from 83 percent in 

2002 to 94.7 percent in 2007. Of the remaining 3.9 percent of queries with an initial mismatch, only 0.37 percent of those were later 

confirmed to be work authorized. The initial mismatch could have 

been due to data error or someone not notifying the Social Security 

Administration [SSA] of name change, et cetera. The majority of remaining queries that were not automatically verified indicate that 

the program is doing what it is intended to do: detect unauthorized 

workers trying to work unlawfully. 

The Committee is aware that there is a common misconception 

that an initial mismatch indicates a program or database error. An 

initial mismatch instead indicates either: (1) a discrepancy between 

the information an employee has provided and information in government records; (2) that an employee has failed to update their information with SSA or DHS (such as a name change after marriage); or (3) an individual without work authorization has submitted fraudulent information. These individuals are afforded the 

opportunity to contest the finding by contacting SSA or DHS to resolve the discrepancy; however, as indicated, less than half of one 

percent of all individuals run through the program successfully 

contest an initial mismatch. Remaining queries receive a ‘‘Final 

Non-Confirmation’’ in the system to inform an employer that they 

are not work authorized. This data indicates the program’s success 

in quickly verifying the status of those who are work authorized 

and detecting those ineligible for employment. 

Given the concerns by some of the general public with E-Verify, 

the Committee urges USCIS to continue to work to enhance the 

system to further improve performance, to continue its public outreach and education campaign, and to perform a new, independent 
117 

evaluation of the system during the first quarter of fiscal year 

2010. 

The bill also includes a general provision extending the E-Verify 

program for 3 years, as requested. 

PROPOSED NEW FEES

The budget proposed $206,000,000 in new appropriated resources 

to cover the costs associated with performing international programs such as asylum, refugee, and humanitarian parole, as well 

as funding the costs of military naturalizations. The Committee 

supports appropriations to support those men and women serving 

this Nation in the military and has included $5,000,000, as requested, for military naturalizations. The Committee does not include the other requested funds and supports the existing method 

used to cover the costs for those activities. Therefore, the Committee directs the Department to submit a reprogramming within 

30 days after the date of enactment of this act, to reflect the continuation of these activities as fee funded. 

IMMIGRANT INTEGRATION

The Committee recommends an additional $1,200,000, the same 

level as provided in fiscal year 2009, for citizenship education and 

immigrant integration grants. The Committee notes that the current year grant applications are still being evaluated and that the 

2009 funds have yet to be awarded. The Committee does not recommend the $10,000,000 requested in the budget for a new immigrant integration activity. The Committee notes that the Office of 

Citizenship Services has long provided admirable services to assist 

those individuals seeking to become U.S. citizens or otherwise legally adjust their status and will have $6,400,000 of carry forward 

balances to continue these efforts. This makes a total of $7,600,000 

available for immigrant services and integration grants. 

DRIVER’S LICENSE SECURITY HUB

The Committee supports the development of a Driver’s License 

Security hub to assist State motor vehicle offices and other drivers’ 

license issuing entities to produce secure drivers licenses and notes 

that Congress provided $50,000,000, as requested, in fiscal year 

2009 for this purpose. Due to the fact that these funds remain unobligated and the Department continues to review plans for development of the hub, the Committee provides no new funding for this 

activity. The Committee strongly encourages the Department to deliver its plan for the hub and anticipates receiving the development 

plan this year. 

FBI BACKGROUND CHECK BACKLOG

The Committee is pleased to note that the multiyear FBI name 

check backlog has been eliminated. As of April 30, 2009, there were 

only 32 cases, out of 1,645 pending, which were more than 30 days 

old, compared to over 327,000 pending cases on April 1, 2008. The 

Committee expects USCIS to report to the Committee in the event 

that there are indications that the backlog is returning. 
118 

COMMITTEE RECOMMENDATIONS

The following table, which includes appropriations and estimated 

fee collections, summarizes the Committee’s recommendations as 

compared to the fiscal year 2009 and budget request levels: 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES—PROGRAM SUMMARY 

[In thousands of dollars] 

Fiscal year 2009 

enacted 

Fiscal year 2010 

budget request 

Committee 

recommendations 

Appropriations: 

Employment Eligibility Verification [EEV]/E-Verify ............... 100,000 112,000 118,500 

Data Center Consolidation .................................................... ............................ 11,000 11,000 

Benefit Parole Programs ....................................................... 540 ............................ ............................

Immigration Service Programs ............................................. 1,200 10,000 1,200 

Driver’s License Security Hub ............................................... ............................ 25,000 ............................

Asylum and Refugee Services .............................................. ............................ 206,000 5,000 

Total, Appropriations ........................................................ 101,740 364,000 135,700 

Fee Collections: 

Adjudication Services: 

Pay and Benefits ......................................................... 780,076 ............................ ............................

Operating Expenses: 

District Operations .............................................. 535,156 1,132,317 1,132,317 

Service Center Operations .................................. 345,890 549,623 549,623 

Asylum, Refugee and International Operations .. 92,602 ............................ ............................

Records Operations ............................................. 85,946 107,113 107,113 

Business Transformation .................................... 139,000 173,264 173,264 

International Operations ..................................... ............................ 64,587 64,587 

Subtotal, Adjudication Services ..................... 1,978,670 2,026,904 2,026,904 

Information and Customer Services: 

Pay and Benefits ......................................................... 92,587 ............................ ............................

Operating Expenses: 

Information and Customer Service ..................... ............................ 89,050 89,050 

National Customer Service Center ...................... 53,747 ............................ ............................

Information Services ........................................... 21,465 ............................ ............................

Subtotal, Information and Customer Services ............................................................. 167,799 89,050 89,050 

Administration: 

Administration .............................................................. ............................ 365,932 365,932 

Pay and Benefits ......................................................... 88,746 ............................ ............................

Operating Expenses ..................................................... 285,153 ............................ ............................

Subtotal, Administration ......................................... 373,899 365,932 365,932 

Systematic Alien Verification for Entitlements [SAVE] ......... 18,818 21,346 21,346 

Total, Fee Collections ....................................................... 2,539,186 2,503,232 2,503,232 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

Appropriations, 2009 ............................................................................. $246,530,000 

Budget estimate, 2010 ........................................................................... 245,356,000 

Committee recommendation ................................................................. 244,356,000 

The Federal Law Enforcement Training Center Salaries and Expenses appropriation provides funds for basic and some advanced 
119 

training to Federal law enforcement personnel from more than 80 

agencies. This account also allows for research of new training 

methodologies; provides for training to certain State, local, and foreign law enforcement personnel on a space-available basis; and accreditation of Federal law enforcement training programs. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $244,356,000 for salaries and expenses of the Federal Law Enforcement Training Center [FLETC] 

for fiscal year 2010. Within the funds provided is $1,309,000 for the 

Federal Law Enforcement Training Accreditation Board, 

$4,100,000 for the Train 21 program, and $5,000,000 for Data Center migration. Hiring of new Border Patrol agents has increased 

drastically since 2001. Beginning in 2010, the hiring of Border Patrol agents will begin to slow down. Due to reduced hiring, the 

President’s budget decreased funding for basic training requirements by $12,512,000. 

The Committee encourages FLETC to continue and expand existing institutional partnerships prior to initiating new partnerships 

to assist in meeting State, local, and other training needs. 

The Committee includes bill language requiring the Director of 

FLETC to ensure all training centers are operated at the highest 

capacity feasible throughout the fiscal year. The Committee also 

expects the Director to maintain training at or near capacity before 

entering into new leases with private contractors or establishing 

new partner organizations. 

INTEGRITY TRAINING

The Federal Government has experienced a significant increase 

in law enforcement officer hiring in the years since the tragic attacks on September 11, 2001. The Committee believes it is critical 

that all Federal law enforcement personnel, especially new hires, 

receive comprehensive training in ethics and public integrity. The 

Committee notes that Federal law enforcement personnel receive 

ethics training as part of their basic training at FLETC and expects that all newly hired Federal law enforcement officers will receive such training wherever they are trained. 

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

Appropriations, 2009 ............................................................................. $86,456,000 

Budget estimate, 2010 ........................................................................... 43,456,000 

Committee recommendation ................................................................. 43,456,000 

This account provides for the acquisition and related costs for expansion and maintenance of facilities of the Federal Law Enforcement Training Center [FLETC]. This includes construction and 

maintenance of facilities and environmental compliance. The environmental compliance funds ensure compliance with Environmental Protection Agency and State environmental laws and regulations. 
120 

COMMITTEE RECOMMENDATIONS

The Committee recommends $43,456,000 for acquisitions, construction, improvements, and related expenses for expansion and 

maintenance of facilities of FLETC. 

SCIENCE AND TECHNOLOGY

SUMMARY

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

State, local, and tribal end-users. 

MANAGEMENT AND ADMINISTRATION

Appropriations, 2009 ............................................................................. $132,100,000 

Budget estimate, 2010 ........................................................................... 142,200,000 

Committee recommendation ................................................................. 143,200,000 

The Management and Administration account funds salaries and 

expenses related to the Office of the Under Secretary for Science 

and Technology, and headquarters. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $143,200,000 for management and 

administration of programs and activities carried out by S&T. Of 

this amount, the Committee recommends up to $10,000 for official 

reception and representation expenses. The recommended amount is $1,000,000 above the request and $11,100,000 above the fiscal year 2009 level. 

TEST AND EVALUATIONS

Under Acquisition Directive 102–01, S&T is responsible for ensuring that approved level 1 acquisitions comply with departmental 

guidance for testing and evaluating technologies. The Committee 

strongly supports S&T’s role in the Acquisition Review Process. To 

ensure S&T has adequate staff and resources to fulfill this requirement, the Committee provides an increase of $1,000,000 above the 

request for additional Government personnel for Test and Evaluations/Standards to support the Department’s Acquisition Review 

Board process. Further, S&T is directed to provide quarterly briefings to the Committee on the test and evaluation status of all level 

1 acquisitions. 

STRATEGIC PLANNING

At the direction of the Committee, the National Academy of Public Administration [NAPA] undertook an independent review of research and development spending on homeland security within the 

Federal Government. As a result, NAPA found that S&T’s efforts 

could be improved with the development of an internal strategic 

plan to focus efforts and measure progress of research projects. In 

addition, NAPA recommends a more coordinated approach to developing the Federal homeland security research strategic plan mandated by section 302 of Public Law 107–296. S&T is directed to report to the Committee within 30 days of the date of enactment of 
121 

this act on its plans and timelines for full implementation of the 

NAPA recommendations in this area. 

RESULTS OF RESEARCH PROJECTS

S&T is directed to submit a report, in conjunction with the fiscal 

year 2011 President’s budget request and in each subsequent fiscal 

year, on the results of its research and development for the prior 

fiscal year. This report should detail all technologies, technology 

improvements, or capabilities delivered to front line users, and if 

the technology or capability was the result of the Integrated Product Team process. The first report will cover all results from fiscal 

year 2009. 

OBLIGATIONS AND DE-OBLIGATIONS

The Committee requires more clarity in the process used by S&T 

to evaluate projects that have not used all of their allotted funds, 

and the process used to move funds from one project to another 

over time. S&T is directed to submit a report, in conjunction with 

the fiscal year 2011 President’s budget request and in each subsequent fiscal year, on the amounts deobligated from projects during 

the prior fiscal year and what projects those funds were subsequently obligated to. The first report will cover all results from fiscal year 2009. 

ASSESSMENT OF PROGRAM RESOURCES

In the past, S&T was assessing various programs for operating 

costs that had not been fully accounted for in the management and 

administration account. While this practice appears to have ceased, 

the Committee reminds the Department that it expects to be notified should S&T assess any program for administrative costs exceeding 5 percent of the total program appropriation through a notification pursuant to section 503 of this act. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

Appropriations, 2009 ............................................................................. $800,487,000 

Budget estimate, 2010 ........................................................................... 826,191,000 

Committee recommendation ................................................................. 851,729,000 

Science and Technology [S&T] supports the mission of DHS 

through basic and applied research, fabrication of prototypes, research and development to mitigate the effects of weapons of mass 

destruction, as well as acquiring and field testing equipment. Separate funding is provided for 12 different activities or portfolios. 

COMMITTEE RECOMMENDATONS

The Committee recommends $851,729,000 for research, development, acquisition, and operations of S&T, with the funds to remain 

available for 2 years. The recommended amount is $25,538,000 

above the request and $51,242,000 above the fiscal year 2009 level. 

The Committee does not include a separate PPA for the Homeland 

Security Institute, as requested in the budget. A general provision 

is included rescinding $7,500,000 of unobligated prior year balances. 
122 

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

SCIENCE AND TECHNOLOGY—RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS 

[In thousands of dollars] 

Fiscal year 2009 

enacted

Fiscal year 2010 

budget request 

Committee 

recommendations 

Borders and Maritime Security ...................................................... 33,050 40,181 40,181 

Chemical and Biological ................................................................ 200,408 206,800 206,800 

Command, Control, and Interoperability ....................................... 74,890 80,264 83,264 

Explosives ....................................................................................... 96,149 120,809 120,809 

Human Factors ............................................................................... 12,460 15,087 12,460 

Infrastructure and Geophysical ..................................................... 75,816 44,742 67,607 

Innovation ...................................................................................... 33,000 44,000 44,000 

Laboratory Facilities ....................................................................... 161,940 154,500 154,500 

Test and Evaluation/Standards ..................................................... 28,674 28,674 28,674 

Transition ....................................................................................... 28,830 45,134 45,134 

University Programs ....................................................................... 50,270 46,000 48,300 

Homeland Security Institute .......................................................... 5,000 ............................ ............................

Total, Research, Development, Acquisition, and Operations ........................................................................... 800,487 826,191 851,729 

BORDER AND MARITIME SECURITY

The Committee recommendation includes $40,181,000, an increase of $7,131,000, as requested in the budget, for developing and 

transitioning tools and technologies that improve the security of 

our Nation’s borders and waterways. Within the amount recommended is $13,199,000 for research on border technologies including $3,000,000 for urban tunnel detection basic research, as requested. 

CHEMICAL AND BIOLOGICAL

The Committee recommendation includes $206,800,000, an increase of $6,392,000 above the fiscal year 2009 level, as requested 

in the budget, for developing technologies for the detection of chemical, biological, and radiological contaminants. 

The Committee supports the transfer of the BioShield program 

from DHS to the Department of Health and Human Services as 

proposed in the budget, but S&T shall continue to carry out the responsibilities of section 3(c)(2) of the Project BioShield Act of 2004 

(Public Law 108–276), which requires the Secretary of Homeland 

Security to make determinations of chemical, biological, nuclear, 

and radiological agents that are material threats to the U.S. population. Sufficient funds for this responsibility are provided within 

the recommendation. 

COMMAND, CONTROL, AND INTEROPERABILITY

The Committee recommendation includes $83,264,000, an increase of $3,000,000 above the amount requested in the budget. 

The Committee recommendation includes not less than $3,000,000, 

the same as the fiscal year 2009 level, for Distributed Environment 

for Critical Infrastructure Decisionmaking Exercises for research of 

low probability, high consequence cyber attacks against infrastructure critical to the U.S. economy. The Committee also encourages 
123 

S&T to continue to work with the Homeland Open Security Technology program, which has successfully demonstrated the use of 

open source methodologies to address encryption and distribution 

issues of critical national interest. Expansion of this project would 

increase efforts to address these issues across all Federal agencies. 

FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS

S&T, in conjunction with the Director of the National Institute 

of Standards and Technology, shall continue assessing the compliance of first responder communications equipment with common 

system standards for digital public safety radio communications 

(Project 25 standards). 

EXPLOSIVES

The Committee recommendation includes $120,809,000, an increase of $24,660,000 above the fiscal year 2009 level, as requested 

in the budget. The Committee includes $10,000,000, the same as 

the budget request level, to develop air cargo screening technologies. The Committee expects this effort to be based on a systems approach that is technologically achievable and economically 

feasible. S&T is expected to study available technology comprehensively to create the best uniform system to detect scalable, cost-effective technologies for the most viable threats. 

COUNTER-IMPROVISED EXPLOSIVE DEVICE RESEARCH

The Committee recommendation includes $14,660,000 to support 

counter-improvised explosive device [IED] research, as requested in 

the budget. S&T is directed to report to the Committee, by March 

5, 2010, on the progress made in addressing any identified gaps in 

research and development aimed at countering the threat of IED’s 

and how the funds recommended will further close the identified 

gaps. 

HUMAN FACTORS

The Committee recommendation includes $12,460,000, the same 

as the fiscal year 2009 enacted level, for Human Factors. 

INFRASTRUCTURE AND GEOPHYSICAL

The Committee recommendation includes $67,607,000, an increase of $22,865,000 above the amount requested in the budget. 

The amount recommended includes not less than $20,865,000 to 

continue the Southeast Region Research Initiative at the Oak 

Ridge National Laboratory; and not less than $2,000,000 for the 

Cincinnati Urban Area partnership established through the Regional Technology Integration Initiative. 

INNOVATION

The Committee recommendation includes $44,000,000, an increase of $11,000,000 above the fiscal year 2009 level, as requested 

in the budget. Consistent with the budget request, specific projects 

to be funded include: $2,000,000 for the Multi-modal Tunnel Detect 

project; $2,000,000 for the Resilient Tunnel project; $4,000,000 for 

levee strengthening and damage mitigation; $1,500,000 for hurri-
124 

cane and storm surge mitigation; and $8,000,000 for the resilient 

electric grid. 

LABORATORY FACILITIES

The Committee recommendation includes $154,500,000 for Laboratory Facilities, as requested in the budget. Included in this 

amount is $12,000,000 as requested for construction responsibilities 

of DHS for the Physical Science Facility and refurbishment of 

building 325 at the Pacific Northwest National Laboratory. 

The Committee recognizes the importance of building the new 

National Bio and Agro-defense Facility [NBAF] as it will be the 

United States’ primary defense against at least eight major diseases and viruses as well as other zoonotic diseases that may 

present a food security, animal health, or public health risk. The 

recent outbreak of H1N1 Swine Influenza underscores the need for 

the United States to have a central facility to do research on containing and combating such zoonotic diseases in animals before 

they are transmitted to people. Therefore, the Committee recommendation includes $36,312,000, as requested, to allow the 

NBAF to maintain the construction schedule outlined in the fiscal 

year 2010 congressional justification. 

Further, $5,000,000 is included, as requested, for infrastructure 

upgrades at the Transportation Security Laboratory [TSL]. To ensure that the Committee has the full long-term plan for modernizing the laboratory, S&T shall provide a 5-year master facility 

plan for improvements at the TSL to the Committee by March 5, 

2010. 

TRANSITION

The Committee recommendation includes $45,134,000 for Transition, as requested in the budget. Included in the amount requested 

is an increase of $12,000,000 for first responder technologies to address gaps identified by the new Federal, State, local, and tribal 

First Responders Integrated Product Team. Given that this effort 

is just getting underway, and that project requirements have not 

yet been decided for any potential projects to be funded from this 

program, an expenditure plan for these funds is required to be submitted 60 days after the date of enactment of this act. 

UNIVERSITY PROGRAMS

The Committee recommendation includes $48,300,000 for University Programs, $2,300,000 above the amount requested in the budget. The increased funding is to ensure an adequate level of funding 

for the continuation of this program. The Committee notes that 

$2,000,000 for the Naval Post Graduate School is funded in the 

Transition PPA, as requested in the budget. 

NEW TECHNOLOGIES

The Committee believes new technologies may significantly help 

the Department as it seeks to secure our homeland. The Committee 

encourages the Department to develop, through competitive 

awards, such technologies as: antigen presenting cell biosensors; 
125 

micro-electric-mechanical systems based, low-power, portable chemical detection system; and integrated biometric detectors. 

DOMESTIC NUCLEAR DETECTION OFFICE

SUMMARY

The Domestic Nuclear Detection Office [DNDO] is responsible for 

development of technologies to detect and report attempts to import, possess, store, develop, or transport nuclear and radiological 

material. 

COMMITTEE RECOMMENDATIONS

The Committee recommends $374,037,000 for activities of DNDO 

for fiscal year 2010. The recommendation is an decrease of 

$140,154,000 from the fiscal year 2009 level and an increase of 

$7,901,000 from the level proposed in the budget request. 

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

DOMESTIC NUCLEAR DETECTION OFFICE 

[In thousands of dollars] 

Fiscal year 2009 

enacted

Fiscal year 2010 

budget request 

Committee 

recommendations 

Management and Administration ........................................................ 37,500 39,599 37,500 

Research, Development, and Operations ............................................. 323,200 326,537 326,537 

Systems Acquisition ............................................................................. 153,491 .......................... 10,000 

Total, Domestic Nuclear Detection Office .............................. 514,191 366,136 374,037 

ALTERNATIVE PATHWAYS

The Committee continues to raise concerns that terrorists may be 

able to acquire a nuclear weapon and choose to transport it into the 

country through means other than a shipping container. The Committee again urges DNDO to prioritize its development and deployment of detection equipment upon risk, and as appropriate, focus 

on other pathways into the country such as general aviation, small 

pleasure maritime craft, or other routes it deems the highest risk. 

MANAGEMENT AND ADMINISTRATION

Appropriations, 2009 ............................................................................. $37,500,000 

Budget estimate, 2010 ........................................................................... 39,599,000 

Committee recommendation ................................................................. 37,500,000 

The Management and Administration account funds salaries, 

benefits, and expenses for the Domestic Nuclear Detection Office. 

COMMITTEE RECOMMENDATIONS

The Committee recommendation includes $37,500,000 for Management and Administration. The recommendation is the same as 

the fiscal year 2009 level and a decrease of $2,099,000 from the 

level proposed in the budget request. Of this amount the Committee recommends not to exceed $3,000 for official reception and 

representation expenses. Funds are decreased due to the delay in 

filling full-time permanent positions within DNDO. 
126 

RESEARCH, DEVELOPMENT, AND OPERATIONS

Appropriations, 2009 ............................................................................. $323,200,000 

Budget estimate, 2010 ........................................................................... 326,537,000 

Committee recommendation ................................................................. 326,537,000 

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

COMMITTEE RECOMMENDATIONS

The Committee recommendation includes $326,537,000 for Research, Development, and Operations, with the funds to remain 

available for 2 years. The recommendation is an increase of 

$3,337,000 from the fiscal year 2009 level and the same as the 

level proposed in the budget request. Bill language rescinding 

$8,000,000 of prior year balances is included in the general provisions. 

IMPROVING CURRENT TECHNOLOGY

The Committee is aware that improvements can be made to the 

radiation detectors currently in use. Both the Government Accountability Office and the Homeland Security Institute’s Independent 

Review of the Advanced Spectroscopic Portal Final Report discuss 

improvements that can be made to polyvinyl toluene [PVT] radiation monitors. Given that the PVT monitors will be in use for a 

considerable time it would seem prudent to invest in this technology. In addition, the National Academy of Sciences’ interim report on Advanced Spectroscopic Portals discusses the need to invest 

in technology advancements in handheld radiation detectors. 

Therefore, the Committee includes $5,000,000, within the funds 

provided, to improve operations and capabilities of the PVT monitors and handheld radiation detectors and deploy any improvements developed to the field. DNDO is directed to submit an expenditure plan and development and deployment timelines by November 16, 2009. 

SYSTEMS ACQUISITION

Appropriations, 2009 ............................................................................. $153,491,000 

Budget estimate, 2010 ........................................................................... ........................... 

Committee recommendation ................................................................. 10,000,000 

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

COMMITTEE RECOMMENDATIONS

The Committee recommendation includes $10,000,000 for Systems Acquisition. The recommendation is a decrease of 

$143,491,000 from the fiscal year 2009 level and an increase of 

$10,000,000 from the level proposed in the budget request. 

SECURING THE CITIES

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

grant program. 
127 

ADVANCED SPECTROSCOPIC PORTAL MONITORS

The Committee agrees with the Department’s proposal to reevaluate the Advanced Spectroscopic Portal [ASP] program. As of 

May 15, 2009, DNDO had $126,000,000 in available balances for 

acquiring human portable radiation detection systems and radiation portal monitors. These balances should be sufficient to complete current deployments. Over $80,500,000 is planned for obligation in fiscal year 2010 if the ASP is certified for use in either secondary or primary inspection. 

As the Secretary is reviewing the ASP program, the Committee 

encourages the Department to review the placement of the acquisition dollars for radiation portal monitors within what is a primarily 

research and development component and not an operational component. As the deployment of the domestic nuclear detection architecture has matured it may be more appropriate for future acquisition dollars to be placed in the operational components that perform these activities: Coast Guard; CBP; and TSA. Further, the 

Committee encourages the Department to evaluate the transfer of 

remaining balances within this account to the appropriate operational component. 

ASP MONITORS CERTIFICATION

Bill language is included prohibiting the Department from fullscale procurement of ASP monitors until the Secretary submits a 

report to the Committees on Appropriations certifying that a significant increase in operational effectiveness will be achieved. In 

addition, separate and distinct certifications shall be submitted by 

the Secretary prior to the procurement of ASPs for primary and 

secondary deployment that addresses the requirements for operational effectiveness of each type of deployment. The Secretary is 

directed to continue consulting with the National Academy of 

Sciences. Finally, DNDO is prohibited from engaging in high-risk 

concurrent development and production of mutually dependent software and hardware components of detection systems. 

The National Academy of Science’s interim report on the ASP 

program made three recommendations related to development and 

certification. Specifically, DNDO should: incorporate computer modeling in addition to testing so that the results of one can be used 

to validate the other; use available low-rate initial production ASPs 

for primary and secondary inspection at various sites to assess capabilities in multiple environments; and complete a more rigorous 

cost benefit analysis that takes a broader approach to assessing the 

cost of reducing risk in one area versus another. The Committee 

believes these recommendations should be implemented prior to decisions on certification or procurement of ASPs. If for any reason 

the Department does not follow these recommendations, the Department shall provide a briefing to the Committee as to why these 

recommendations were not followed. 

The Committee notes that independent reviews of the ASP program have been of value to the Department. Therefore, the Committee believes an independent cost-benefit analysis would be beneficial. 
(128) 

TITLE V 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS OF FUNDS)

Section 501. The bill includes a provision that no part of any appropriation shall remain available for obligation beyond the current 

fiscal year unless expressly provided. 

Section 502. The bill includes a provision that unexpended balances of prior appropriations may be merged with new appropriations accounts and used for the same purpose, subject to reprogramming guidelines. 

Section 503. The bill includes a provision that provides authority 

to reprogram appropriations within an account and to transfer up 

to 5 percent between appropriations accounts with 15-day advance 

notification of the Committees on Appropriations. A detailed funding table identifying each congressional control level for reprogramming purposes is included at the end of this statement. These reprogramming guidelines shall be complied with by all departmental 

components funded by this act. 

The Committee expects the Department to submit reprogramming requests on a timely basis, and to provide complete explanations of the reallocations proposed, including detailed justifications of the increases and offsets, and any specific impact the proposed changes will have on the budget request for the following fiscal year and future-year appropriations requirements. Each request 

submitted to the Committees should include a detailed table showing the proposed revisions at the account, program, project, and activity level to the funding and staffing (full-time equivalent) levels 

for the current fiscal year and to the levels required for the following fiscal year. The Committee continues to be disappointed by 

the quality, level of detail, and timeliness of the Department’s proposed reprogrammings. 

The Committee expects the Department to manage its programs 

and activities within the levels appropriated. The Committee reminds the Department that reprogramming or transfer requests 

should be submitted only in the case of an unforeseeable emergency or situation that could not have been predicted when formulating the budget request for the current fiscal year. When the Department submits a reprogramming or transfer request to the Committees on Appropriations and does not receive identical responses 

from the House and Senate, it is the responsibility of the Department to reconcile the House and Senate differences before proceeding, and if reconciliation is not possible, to consider the reprogramming or transfer request unapproved. 

The Department shall not propose a reprogramming or transfer 

of funds after June 30 unless there are extraordinary cir-
129 

cumstances, which place human lives or property in imminent danger. 

Section 504. The bill includes a provision relating to the Department’s Working Capital Fund [WCF] that: extends the authority of 

the Department’s WCF in fiscal year 2010; prohibits funds appropriated or otherwise made available to the Department from being 

used to make payments to the WCF, except for the activities and 

amounts allowed in the President’s fiscal year 2010 budget; makes 

funds available for the WCF available until expended; ensures departmental components are only charged for direct usage of each 

WCF service; makes funds provided to the WCF available only for 

purposes consistent with the contributing component; requires the 

WCF to be paid in advance or reimbursed at rates which will return the full cost of each service; and subjects the WCF to the requirements of section 503 of this act. The WCF table included in 

the Department’s congressional justification accompanying the 

President’s fiscal year 2010 budget shall serve as the control level 

for reprogramming and transfer purposes in compliance with section 503 of this act. The Committee notes that consistent with the 

Department of Homeland Security Appropriations Act, 2009, the 

President’s WCF budget does not include funds for sedan service, 

shuttle service, transit subsidy, mail operations, parking, and competitive sourcing. The WCF shall not be available for these purposes in fiscal year 2010. 

Section 505. The bill includes a provision that not to exceed 50 

percent of unobligated balances remaining at the end of fiscal year 

2010 from appropriations made for salaries and expenses shall remain available through fiscal year 2011 subject to reprogramming. 

Section 506. The bill includes a provision providing that funds for 

intelligence activities are specifically authorized during fiscal year 

2010 until the enactment of an act authorizing intelligence activities for fiscal year 2010. 

Section 507. The bill includes a provision requiring notification 

of the Committees on Appropriations 3 full business days before 

any grant allocation, discretionary grant award, discretionary contract award, including Federal Acquisition Regulation-covered contracts, letter of intent, Other Transaction Agreement, totaling in 

excess of $1,000,000, or public announcement of the intention to 

make such an award. Additionally, the Federal Emergency Management Agency [FEMA] is required to brief the Committees on 

Appropriations 5 full business days prior to announcing publicly 

the intention to make an award of State Homeland Security grants, 

Urban Area Security Initiative grants, or Regional Catastrophic 

Preparedness Grants. 

Section 508. The bill includes a provision that no agency shall 

purchase, construct, or lease additional facilities for Federal law 

enforcement training without the advance approval of the Committees on Appropriations. 

Section 509. The bill includes a provision that none of the funds 

may be used for any construction, repair, alteration, or acquisition 

project for which a prospectus, if required under chapter 33 of title 

40, United States Code, has not been approved. The bill excludes 

funds that may be required for development of a proposed prospectus. 
130 

Section 510. The bill includes a provision that consolidates, continues, and modifies by reference prior year statutory bill language 

into one provision. These provisions concern reporting requirements of the privacy officer, contracting officers’ training, Federal 

building energy performance, and fleet and transportation efficiency. 

Section 511. The bill includes a provision that none of the funds 

may be used in contravention of the Buy American Act. 

Section 512. The bill includes a provision to prohibit the obligation of funds for the deployment or implementation of the Secure 

Flight program, or any other follow-on or successor passenger 

screening program, that utilizes or tests algorithms assigning risk 

to passengers not on Government watchlists or for a commercial 

database that is obtained from or remains under the control of a 

non-Federal entity, excluding Passenger Name Record data obtained from air carriers. 

Section 513. The bill includes a provision prohibiting funds to be 

used to amend the oath of allegiance required by section 337 of the 

Immigration and Nationality Act (8 U.S.C. 1448). 

Section 514. The bill includes a provision regarding competitive 

sourcing for United States Citizenship and Immigration Services. 

Section 515. The bill includes a provision that requires TSA to 

work with air carriers and airports to ensure the screening of cargo 

carried on passenger aircraft, as required by the 9/11 Act (Public 

Law 110–53), increases incrementally each quarter. TSA is required to report air cargo inspection statistics detailing how incremental progress is being made to the Committees on Appropriations within 45 days of the end of each quarter of the fiscal year. 

Incremental progress shall continue until 100 percent screening is 

achieved, as required by the 9/11 Act. 

Section 516. The bill includes a provision directing that any 

funds appropriated or transferred to TSA ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ for fiscal 

years 2004, 2005, 2006, 2007, and 2008 that are recovered or 

deobligated shall be available only for procurement and installation 

of explosives detection systems, for air cargo, baggage, and checkpoint screening systems, subject to notification. Quarterly reports 

must be submitted identifying any funds that are recovered or 

deobligated. 

Section 517. The bill includes a provision requiring any funds appropriated to the Coast Guard for 110–123 foot patrol boat conversions that are recovered, collected, or otherwise received as a result 

of negotiation, mediation, or litigation, shall be available until expended for the Replacement Patrol Boat program. 

Section 518. The bill includes a provision that prohibits obligation of funds provided in this act to commence operations of the 

National Applications Office or the National Immigration Information Sharing Operation until the Secretary certifies that these programs comply with all existing laws and that certification is reviewed by GAO. 

Section 519. The bill includes a provision requiring the Chief Financial Officer to submit monthly budget execution and staffing reports within 45 days after the close of each month. These reports 

are to include the number of contract employees by office. 
131 

Section 520. The bill includes a provision relating to undercover 

investigative operations authority of the Secret Service. 

Section 521. The bill includes a provision classifying the functions of instructor staff at FLETC as inherently governmental for 

purposes of the Federal Activities Inventory Reform Act of 1998. 

Section 522. The bill includes a provision prohibiting funds for 

the development, testing, deployment, or operation of any portion 

of a human resources management system authorized by 5 U.S.C. 

9701(a), or by regulations prescribed pursuant to 5 U.S.C. 9701(a), 

for an ‘‘employee’’ as defined in 5 U.S.C. 7103(a)(2). 

Section 523. The bill includes a provision regarding the enforcement of section 4025(1) of Public Law 108–458 regarding butane 

lighters. 

Section 524. The bill includes a provision permitting funds for 

the alteration of operations within the Civil Engineering Program 

of the Coast Guard nationwide, including civil engineering units, 

facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that no 

funds can be used to reduce operations within any Civil Engineering Unit unless specifically authorized by a statute enacted after 

the date of the enactment of this act. 

Section 525. The bill includes a provision prohibiting the obligation of funds to the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, and the 

Office of the Chief Financial Officer for grants or contracts awarded 

by any means other than full and open competition. This provision 

does not require new competitions of existing contracts during their 

current terms. The bill also requires the Inspector General to review Departmental contracts awarded noncompetitively and report 

on the results to the Committees. 

Section 526. The bill includes a provision prohibiting funding to 

grant an immigration benefit to any individual unless the results 

of background checks required in statute to be completed prior to 

the grant of benefit have been received by DHS. 

Section 527. The bill includes a provision prohibiting use of funds 

to destroy or put out to pasture any horse or other equine belonging to the Federal Government unless adoption has been offered 

first. 

Section 528. The bill includes a provision that precludes the Department from using funds in this act to carry out section 872 of 

the Homeland Security Act (Public Law 107–296) during fiscal year 

2010. Section 872 provides the Secretary with extraordinary authority to reorganize functions and organizational units of the Department without congressional approval. Since the creation of the 

Department in March 2003, the Secretary exercised section 872 authority nine times. The Committee believes continuous reorganizations impede the ability of the Department to operate effectively 

and contributes to low morale. This prohibition is not intended to 

prevent the Department from carrying out routine or small reallocations of personnel or functions within components of the Department, subject to section 503 of this act. 

Section 529. The bill includes a provision regarding the use of 

Data Center One (National Center for Critical Information Processing and Storage). 
132 

Section 530. The bill includes a provision that prohibits funds 

from being used to reduce the Coast Guard’s Operations Systems 

Center mission or its Government-employed or contract staff. 

Section 531. The bill includes a provision prohibiting funds to be 

used to conduct or implement the results of a competition under 

Office of Management and Budget Circular A–76 with respect to 

the Coast Guard National Vessel Documentation Center. 

Section 532. The bill includes a provision that requires the Secretary to link all contracts that provide award fees to successful acquisition outcomes. 

Section 533. The bill includes a provision prohibiting the obligation of funds for the Office of Secretary and Executive Management 

for any new hires by DHS that are not verified through the basic 

pilot program of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996. 

Section 534. The bill includes a provision contained in Public 

Laws 109–295, 110–161, and 110–329 related to prescription drugs. 

Section 535. The bill includes a provision prohibiting funds from 

being used to implement a rule or regulation which implements the 

Notice of Proposed Rulemaking related to Petitions for Aliens to 

Perform Temporary Nonagricultural Services or Labor (H–2B) set 

out beginning on 70 Federal Register 3984 (January 27, 2005). 

Section 536. The bill includes a provision extending the Department’s other transactional authority through fiscal year 2010. 

Section 537. None of the funds made available in this act may 

be used for planning, testing, piloting, or developing a national 

identification card. 

Section 538. The bill includes a provision requiring FEMA to report on damage assessment information used to determine if a disaster should be declared and requiring this report to be placed on 

FEMA’s website unless it compromises national security. 

Section 539. The bill includes a provision authorizing the liquidation of Plum Island, New York, and allowing the proceeds of the 

sale to be used to offset the costs of the National Bio and Agro-defense Facility [NBAF] and certain expenses related to the sale. Any 

excess funds available following the completion of NBAF are available to offset costs for the new Department of Homeland Security 

headquarters. 

Section 540. The bill includes a provision directing that any official required by this act to report or certify to the Committees on 

Appropriations may not delegate such authority unless expressly 

authorized to do so in this act. 

Section 541. The bill includes a provision requiring the Secretary 

of Homeland Security, in conjunction with the Secretary of Treasury, to notify the Committees on proposed transfers of surplus balances from the Department of the Treasury Forfeiture Fund to any 

agency within the Department of Homeland Security. 

Section 542. The bill includes a provision directing the Secretary 

to consult with the Secretaries of Defense and Transportation on 

a concept of operations for unmanned aerial systems operating in 

the U.S. national airspace system. 

Section 543. The bill includes a provision requiring the assistant 

Secretary of Homeland Security [TSA] to certify that no security 
133 

risks will result if any airport does not participate in the Basic 

Pilot Program. 

Section 544. The bill includes a provision that provides the Secretary of Homeland Security, for fiscal year 2010 and thereafter, 

with authority to give DHS personnel the same allowances and 

benefits that other executive branch personnel receive when assigned abroad. 

Section 545. The bill includes a provision amending the Consolidated Security, Disaster Assistance and Continuing Appropriations 

Act, 2009 (Public Law 110–329; 122 Stat. 3580 et seq.), as amended 

by section 101 of division J of Public Law 111–8, to extend for 3 

years the authorization for the Basic Pilot Program known as EVerify, and the EB–5 Immigrant Investor Pilot Program. 

Section 546. The bill includes a provision permitting the Secretary to dispose of ICE-owned detention facilities and to retain the 

funds for other ICE detention-related activities. 

Section 547. The bill includes a provision that amends the Department of Homeland Security Appropriations Act, 2007 (Public 

Law 109–295) to extend the Department’s chemical security regulatory authorities for 1 year. 

Section 548. The bill includes a provision that allows the Secretary of Homeland Security to retain conference fees and deposit 

those fees back into the appropriation responsible for the activity. 

The Secretary is required to report to the Committees on Appropriations on the use of this new authority. 

Section 549. The bill includes a provision regarding the definition 

of the term ‘‘rural’’. 

Section 550. The bill includes a provision rescinding $5,000,000 

from unobligated balances of prior year appropriations made available for ‘‘Analysis and Operations’’. 

Section 551. The bill includes a provision rescinding $7,000,000 

in unobligated prior year balances for U.S. Immigration and Customs Enforcement, ‘‘Construction’’. 

Section 552. The bill includes a provision rescinding $8,000,000 

from unobligated balances of prior year appropriations made available for National Protection and Programs Directorate ‘‘Infrastructure Protection and Information Security’’. 

Section 553. The bill includes a provision rescinding $7,500,000 

from unobligated balances of prior year appropriations made available for Science and Technology ‘‘Research, Development, Acquisition, and Operations’’. 

Section 554. The bill includes a provision rescinding $8,000,000 

from unobligated balances of prior year appropriations made available for Domestic Nuclear Detection Office ‘‘Research, Development, and Operations’’. 

Section 555. The bill includes a provision requiring certain certifications by the Commandant of the Coast Guard prior to the termination of the loran-C signal. The bill also provides authority for 

the sale of real and personal property associated with the loran 

system. 
(134) 

PROGRAM, PROJECT, AND ACTIVITY 

The following information provides the definition of the term 

‘‘program, project, and activity’’ for the components of the Department of Homeland Security under the jurisdiction of the Homeland 

Security Subcommittee of the Committee on Appropriations. The 

term ‘‘program, project, and activity’’ shall include the most specific 

level of budget items identified in the Department of Homeland Security Appropriations Act, 2010, the House and Senate Committee 

reports, and the conference report and accompanying joint explanatory statement of the managers of the committee of conference. 

If a percentage reduction is necessary, in implementing that reduction, components of the Department of Homeland Security shall 

apply any percentage reduction required for fiscal year 2010 to all 

items specified in the justifications submitted to the Committees on 

Appropriations of the Senate and the House of Representatives in 

support of the fiscal year 2010 budget estimates, as amended, for 

such components, as modified by congressional action. 
(135) 

COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE 

STANDING RULES OF THE SENATE 

Paragraph 7 of rule XVI requires that Committee reports accompanying general appropriations bills identify each recommended 

amendment which proposes an item of appropriation which is not 

made to carry out the provisions of an existing law, a treaty stipulation, or an act or resolution previously passed by the Senate during that session. 

The Committee is filing an original bill, which is not covered 

under this rule, but reports this information in the spirit of full disclosure. 

The Committee recommends funding for the following programs 

or activities which currently lack authorization for fiscal year 2009: 

Office of the Secretary and Executive Management; 

Office of the Under Secretary for Management; 

Office of the Chief Financial Officer; 

Office of the Chief Information Officer; 

Analysis and Operations; 

Office of the Federal Coordinator for Gulf Coast Rebuilding; 

Office of Inspector General; 

U.S. Customs and Border Protection: Salaries and Expenses; Automation Modernization; Border Security Fencing, Infrastructure, 

and Technology; Air and Marine Interdiction, Operations, Maintenance, and Procurement; and Construction and Facilities Management; 

U.S. Immigration and Customs Enforcement: Salaries and Expenses; and Automation Modernization; 

Transportation Security Administration: Transportation Threat 

Assessment and Credentialing; and Transportation Security Support; 

United States Coast Guard: Operating Expenses; Environmental 

Compliance and Restoration; Reserve Training; Acquisition, Construction, and Improvements; Alteration of Bridges; Research, Development, Test, and Evaluation; and Retired Pay; 

United States Secret Service: Salaries and Expenses; and Acquisition, Construction, Improvements, and Related Expenses; 

National Protection and Programs Directorate: Management and 

Administration; Infrastructure Protection and Information Security; U.S. Visitor and Immigrant Status Indicator Technology and 

Federal Protective Service; 

Office of Health Affairs; 

Federal Emergency Management Agency: Management and Administration; State and Local Programs; Disaster Relief; Flood Map 

Modernization Fund; Emergency Food and Shelter; Assistance to 

Firefighter Grants; National Predisaster Mitigation Fund; and National Flood Insurance Fund; 

United States Citizenship and Immigration Services; 
136 

Federal Law Enforcement Training Center: Salaries and Expenses; and Acquisition, Construction, Improvements, and Related 

Expenses; 

Science and Technology: Management and Administration; and 

Research, Development, Acquisition, and Operations. 

Domestic Nuclear Detection Office: Management and Administration; Research, Development, and Operations; and Systems Acquisition. 

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

STANDING RULES OF THE SENATE 

Pursuant to paragraph 7(c) of rule XXVI, on June 18, 2009, the 

Committee ordered reported en bloc an original bill (S. 1298) making appropriations for the Department of Homeland Security for 

the fiscal year ending September 30, 2009, and an original bill (S. 

1294) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2009, with each subject to amendment and subject to the budget allocations, and authorized the 

chairman of the committee or the chairman of the subcommittee to 

offer the text of the Senate-reported bill as a committee amendment in the nature of a substitute to the House companion measure, by a recorded vote of 30–0, a quorum being present. The vote 

was as follows: 

Yeas Nays 

Chairman Inouye 

Mr. Byrd 

Mr. Leahy 

Mr. Harkin 

Ms. Mikulski 

Mr. Kohl 

Mrs. Murray 

Mr. Dorgan 

Mrs. Feinstein 

Mr. Durbin 

Mr. Johnson 

Ms. Landrieu 

Mr. Reed 

Mr. Lautenberg 

Mr. Nelson 

Mr. Pryor 

Mr. Tester 

Mr. Specter 

Mr. Cochran 

Mr. Bond 

Mr. McConnell 

Mr. Shelby 

Mr. Gregg 

Mr. Bennett 

Mrs. Hutchison 

Mr. Brownback 

Mr. Alexander 

Ms. Collins 
137 

Mr. Voinovich 

Ms. Murkowski 

COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE 

STANDING RULES OF THE SENATE 

Paragraph 12 of rule XXVI requires that Committee reports on 

a bill or joint resolution repealing or amending any statute or part 

of any statute include ‘‘(a) the text of the statute or part thereof 

which is proposed to be repealed; and (b) a comparative print of 

that part of the bill or joint resolution making the amendment and 

of the statute or part thereof proposed to be amended, showing by 

stricken-through type and italics, parallel columns, or other appropriate typographical devices the omissions and insertions which 

would be made by the bill or joint resolution if enacted in the form 

recommended by the committee.’’ 

In compliance with this rule, the following changes in existing 

law proposed to be made by the bill are shown as follows: existing 

law to be omitted is enclosed in black brackets; new matter is 

printed in italics; and existing law in which no change is proposed 

is shown in roman. 

SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER 

RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES, 2002, PUBLIC LAW 

107–206 

TITLE I—SUPPLEMENTAL APPROPRIATIONS 

CHAPTER 12 

INDEPENDENT AGENCIES 

GENERAL PROVISIONS—THIS CHAPTER 

* * * * * * * 

SEC. 1202. (a) The Federal Law Enforcement Training Center 

may, for a period ending not later than øDecember 31, 2011¿ December 31, 2012, appoint and maintain a cadre of up to 250 Federal 

annuitants: (1) without regard to any provision of title 5, United 

States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any 

reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title 

5 or similar provision of any other retirement system for employees. A reemployed Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during 

which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, 

United States Code, or such other retirement system (referred to 

in paragraph (2)) as may apply. 
138 

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 ø2009¿ 2010, with respect to any undercover investigative operation of the United States Secret Service (hereafter referred to in 

this section as the ‘‘Secret Service’’) that is necessary for the detection and prosecution of crimes against the United States— 

* * * * * * * 

SEC. 550. (a) * * * 

* * * * * * * 

(b) Interim regulations issued under this section shall apply 

until the effective date of interim or final regulations promulgated 

under other laws that establish requirements and standards referred to in subsection (a) and expressly supersede this section: 

Provided, That the authority provided by this section shall terminate øthree years after the date of enactment of this Act¿ October 

4, 2010. 

OMNIBUS APPROPRIATIONS ACT, 2009, PUBLIC LAW 111– 

8 

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

DEPARTMENT OF HOMELAND SECURITY 

GENERAL PROVISIONS—THIS DIVISION 

SEC. 101. Sections 143, 144, and 145 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110–329; 122 Stat. 3580 et seq.) are 

each amended by striking ‘‘the date specified in section 106(3) of 

this joint resolution’’ and inserting ø‘‘September 30, 2009’’¿ September 30, 2012. 
139 

BUDGETARY IMPACT OF BILL 

PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 

308(a), PUBLIC LAW 93–344, AS AMENDED 

[In millions of dollars] 

Budget authority Outlays 

Committee 

allocation 

Amount 

of bill 

Committee 

allocation 

Amount 

of bill 

Comparison of amounts in the bill with Committee allocations 

to its subcommittees in the Budget Resolution for 2010: 

Subcommittee on Homeland Security: 

Mandatory ............................................................................ 1,265 1,265 1,262 1 1,262 

Discretionary ........................................................................ 42,685 42,927 46,509 1 46,613 

Projection of outlays associated with the recommendation: 

2010 ..................................................................................... .................... .................... .................... 2 26,687 

2011 ..................................................................................... .................... .................... .................... 8,416 

2012 ..................................................................................... .................... .................... .................... 5,133 

2013 ..................................................................................... .................... .................... .................... 1,871 

2014 and future years ........................................................ .................... .................... .................... 1,204 

Financial assistance to State and local governments for 

2010 ......................................................................................... NA 4,779 NA 461 

1 Includes outlays from prior-year budget authority. 

2 Excludes outlays from prior-year budget authority. 

NA: Not applicable. 

NOTE.—Consistent with the funding recommended in the bill for ‘‘overseas deployments and other activities’’ and in accordance with section 401(c)(4) of Senate Concurrent Resolution 13 (111th Congress), the Committee anticipates that the Budget Committee will file a revised 

section 302(a) allocation for the Committee on Appropriations reflecting an upward adjustment of $242,000,000 in budget authority plus associated outlays. 

DISCLOSURE OF CONGRESSIONALLY DIRECTED SPENDING 

ITEMS 

The Constitution vests in the Congress the power of the purse. 

The Committee believes strongly that Congress should make the 

decisions on how to allocate the people’s money. 

As defined in Rule XLIV of the Standing Rules of the Senate, the 

term ‘‘congressionally directed spending item’’ means a provision or 

report language included primarily at the request of a Senator, providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, 

or other expenditure with or to an entity, or targeted to a specific 

State, locality or Congressional district, other than through a statutory or administrative, formula-driven, or competitive award process. 

For each item, a Member is required to provide a certification 

that neither the Member nor the Senator’s immediate family has 

a pecuniary interest in such congressionally directed spending 

item. Such certifications are available to the public on the website 

of the Senate Committee on Appropriations 

(www.appropriations.senate.gov/senators.cfm). 

Following is a list of congressionally directed spending items included in the Senate recommendation discussed in this report, 

along with the name of each Senator who submitted a request to 

the Committee of jurisdiction for each item so identified. Neither 

the Committee recommendation nor this report contains any limited tax benefits or limited tariff benefits as defined in rule XLIV. 
140 

DEPARTMENT OF HOMELAND SECURITY 

Agency Account Project Amount Requester(s) 

CONGRESSIONALLY DIRECTED SPENDING ITEMS 

CBP ....................................... Construction and Facilities Management .............................. Advanced Training Center, WV .............................................. $39,700,000 Senator Robert Byrd 

CG ......................................... Acquisition, Construction, and Improvements ....................... Coast Guard Station Cleveland Harbor, OH .......................... $16,800,000 Senator George Voinovich CG ......................................... Acquisition, Construction, and Improvements ....................... Coast Guard Academy Pier, CT ............................................. $300,000 Senator Christopher Dodd CG ......................................... Operating Expenses ............................................................... Operations Systems Center, WV ............................................ $3,600,000 Senator Robert Byrd CG ......................................... Alteration of Bridges .............................................................. Fort Madison, IA ..................................................................... $4,000,000 Senator Tom Harkin NPPD ..................................... Infrastructure Protection and Information Security ............... National Infrastructure Simulation and Analysis Center, 

NM.

$4,000,000 Senators Jeff Bingaman, Tom Udall 

FEMA ..................................... State and Local Programs ..................................................... Ohio Emergency Management Agency Emergency Operations Center, Columbus, OH. $1,500,000 Senator George Voinovich FEMA ..................................... State and Local Programs ..................................................... City of Ames Emergency Operations Center, Ames, IA ......... $600,000 Senator Tom Harkin FEMA ..................................... State and Local Programs ..................................................... City of Mount Vernon Emergency Operations Center, Mount 

Vernon, NY.

$1,000,000 Senators Charles Schumer, Kristen 

Gillibrand 

FEMA ..................................... State and Local Programs ..................................................... City of Whitefish Emergency Operations Center, Whitefish, 

MT.

$900,000 Senator Jon Tester 

FEMA ..................................... State and Local Programs ..................................................... City of Chicago Emergency Operations Center, Chicago, 

IL.

$1,000,000 Senator Richard Durbin 

FEMA ..................................... State and Local Programs ..................................................... City of Hackensack Emergency Operations Center, Hackensack, NJ. $300,000 Senators Frank Lautenberg, Robert Menendez FEMA ..................................... State and Local Programs ..................................................... County of Union Emergency Operations Center, Union 

County, NJ.

$353,000 Senators Frank Lautenberg, Robert 

Menendez 

FEMA ..................................... State and Local Programs ..................................................... Township of South Orange Village Emergency Operations 

Center, South Orange, NJ.

$247,000 Senators Frank Lautenberg, Robert 

Menendez 

FEMA ..................................... State and Local Programs ..................................................... Lincoln County Emergency Operations Center, Lincoln 

County, WA.

$1,000,000 Senator Patty Murray 

FEMA ..................................... State and Local Programs ..................................................... City of Providence Emergency Operations Center, Providence, RI. $980,000 Senator Jack Reed FEMA ..................................... State and Local Programs ..................................................... North Louisiana Regional Emergency Operations Center, 

Lincoln Parish, LA.

$980,000 Senator Mary Landrieu 

FEMA ..................................... State and Local Programs ..................................................... City of North Little Rock Emergency Operations Center, 

North Little Rock, AR.

$900,000 Senators Mark Pryor, Blanche Lincoln 

FEMA ..................................... State and Local Programs ..................................................... National Domestic Preparedness Consortium, CO, HI, NV, 

TX, NM, LA.

$50,500,000 Senators Daniel Inouye, Harry Reid, 

Mary Landrieu, Jeff Bingaman, Tom Udall, Michael Bennet, John Cornyn, Kay Bailey Hutchison 
141 

FEMA ..................................... State and Local Programs ..................................................... Counterterrorism and Cybercrime Center, Norwich, VT ......... $1,700,000 Senator Patrick Leahy S&T ....................................... Research, Development, Acquisition, and Operations ........... Distributed Environment for Critical Infrastructure Decisionmaking Exercises, Multiple Locations. $3,000,000 Senators Patrick Leahy, Robert Bennett S&T ....................................... Research, Development, Acquisition, and Operations ........... Cincinnati Urban Area partnership, OH ................................ $2,000,000 Senator George Voinovich S&T ....................................... Research, Development, Acquisition, and Operations ........... Southeast Region Research Initiative, TN ............................. $20,865,000 Senators Thad Cochran, Roger 

Wicker 

PRESIDENTIALLY REQUESTED SPENDING ITEMS 

CG ......................................... Operating Expenses ............................................................... Project Seahawk, SC .............................................................. $1,088,000 The President 

CG ......................................... Acquisition, Construction, and Improvements ....................... Shore and Operational Support projects, various locations. $10,000,000 The President FEMA ..................................... State and Local Programs ..................................................... National Domestic Preparedness Consortium, CO, HI, NV, 

TX, NM, LA.

$51,500,000 The President 

FEMA ..................................... State and Local Programs ..................................................... Center for Domestic Preparedness, AL .................................. $62,500,000 The President, Senator Richard 

Shelby 

S&T ....................................... Research, Development, Acquisition, and Operations ........... Naval Postgraduate School, CA ............................................. $2,000,000 The President S&T ....................................... Research, Development, Acquisition, and Operations ........... Physical Science Facility, Pacific Northwest National Laboratory, WA. $12,000,000 The President, Senator Patty Murray S&T ....................................... Research, Development, Acquisition, and Operations ........... Transportation Security Laboratory, NJ .................................. $5,000,000 The President NPPD ..................................... Infrastructure Protection and Information Security ............... National Infrastructure Simulation and Analysis Center, 

NM.

$16,000,000 The President 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

DEPARTMENT OF HOMELAND SECURITY 

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS 

Office of the Secretary and Executive Management: 

Immediate Office of the Secretary .................................................................................................................... 3,140 5,061 5,061 ∂1,921 ............................Immediate Office of the Deputy Secretary ........................................................................................................ 1,400 1,810 1,810 ∂410 ............................Chief of Staff .................................................................................................................................................... 2,693 2,595 2,595 ¥98 ............................Office of Counternarcotics Enforcement ........................................................................................................... 3,718 3,912 3,718 ............................ ¥194 
142 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Executive Secretary ............................................................................................................................................ 7,448 8,344 8,344 ∂896 ............................Office of Policy .................................................................................................................................................. 43,263 61,564 51,564 ∂8,301 ¥10,000 Office of Public Affairs ..................................................................................................................................... 5,991 6,539 5,991 ............................ ¥548 Office of Legislative Affairs .............................................................................................................................. 4,997 7,097 6,797 ∂1,800 ¥300 Office of Intergovernmental Affairs .................................................................................................................. ............................ 2,800 2,600 ∂2,600 ¥200 Office of General Counsel ................................................................................................................................. 20,114 24,028 24,028 ∂3,914 ............................Office of Civil Rights and Civil Liberties ......................................................................................................... 17,417 22,104 22,104 ∂4,687 ............................Citizenship and Immigration Services Ombudsman ......................................................................................... 6,471 6,935 6,685 ∂214 ¥250 Privacy Officer ................................................................................................................................................... 6,804 7,971 7,971 ∂1,167 ............................

Total, Office of the Secretary and Executive Management .......................................................................... 123,456 160,760 149,268 ∂25,812 ¥11,492 

Office of the Under Secretary for Management: 

Under Secretary for Management ..................................................................................................................... 2,654 2,864 2,864 ∂210 ............................

Emergency appropriations (Public Law 111–5) ....................................................................................... 200,000 ............................ ............................ ¥200,000 ............................

Subtotal, Under Secretary for Management ........................................................................................ 202,654 2,864 2,864 ¥199,790 ............................

Office of Security ............................................................................................................................................... 60,882 95,193 92,693 ∂31,811 ¥2,500 Office of the Chief Procurement Officer ........................................................................................................... 39,003 71,038 70,038 ∂31,035 ¥1,000 Office of the Chief Human Capital Officer: 

Salaries and expenses ............................................................................................................................. 28,827 34,404 33,604 ∂4,777 ¥800 Human resources ...................................................................................................................................... 10,000 10,000 10,000 ............................ ............................

Subtotal, Office of the Chief Human Capital Officer ......................................................................... 38,827 44,404 43,604 ∂4,777 ¥800 

Office of the Chief Administrative Officer: 

Salaries and expenses ............................................................................................................................. 44,427 43,491 43,491 ¥936 ............................Nebraska Avenue Complex (NAC) ............................................................................................................. 6,000 6,000 5,000 ¥1,000 ¥1,000 DHS headquarters consolidation .............................................................................................................. ............................ 75,000 50,000 ∂50,000 ¥25,000 
143 

Subtotal, Office of the Chief Administrative Officer ........................................................................... 50,427 124,491 98,491 ∂48,064 ¥26,000 Total, Office of the Under Secretary for Management ........................................................................ 391,793 337,990 307,690 ¥84,103 ¥30,300 

Office of the Chief Financial Officer ......................................................................................................................... 55,235 65,530 63,530 ∂8,295 ¥2,000 Office of the Chief Information Officer: 

Salaries and expenses ...................................................................................................................................... 86,928 86,912 86,912 ¥16 ............................Information technology services ........................................................................................................................ 44,945 51,417 51,417 ∂6,472 ............................Security activities .............................................................................................................................................. 92,623 152,403 152,403 ∂59,780 ............................Homeland Secure Data Network (HSDN) ........................................................................................................... 47,673 47,661 47,661 ¥12 ............................

Subtotal, Office of the Chief Information Officer ........................................................................................ 272,169 338,393 338,393 ∂66,224 ............................

Analysis and Operations ............................................................................................................................................ 327,373 357,345 347,845 ∂20,472 ¥9,500 

Total, Departmental Operations .................................................................................................................... 1,170,026 1,260,018 1,206,726 ∂36,700 ¥53,292 

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

Office of Inspector General 

Office of Inspector General ........................................................................................................................................ 98,513 127,874 115,874 ∂17,361 ¥12,000 

Emergency appropriations (Public Law 111–5) ................................................................................................ 5,000 ............................ ............................ ¥5,000 ............................Transfer from Disaster Relief ............................................................................................................................ (16,000 ) ............................ (16,000 ) ............................ (∂16,000 ) 

Subtotal, Office of Inspector General (including transfers) ........................................................................ 119,513 127,874 131,874 ∂12,361 ∂4,000 

Appropriations ...................................................................................................................................... (98,513 ) (127,874 ) (115,874 ) (∂17,361 ) (¥12,000 ) Emergency appropriations ................................................................................................................... (5,000 ) ............................ ............................ (¥5,000 ) ............................by transfer ........................................................................................................................................... (16,000 ) ............................ (16,000 ) ............................ (∂16,000 ) 

Total, title I, Departmental Management and Operations (including transfers) ........................................ 1,291,439 1,389,892 1,340,600 ∂49,161 ¥49,292 

Appropriations ...................................................................................................................................... (1,070,439 ) (1,389,892 ) (1,324,600 ) (∂254,161 ) (¥65,292 ) Emergency appropriations ................................................................................................................... (205,000 ) ............................ ............................ (¥205,000 ) ............................by transfer ........................................................................................................................................... (16,000 ) ............................ (16,000 ) ............................ (∂16,000 ) 

TITLE II—SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

U.S. Customs and Border Protection 

Salaries and expenses: 

Headquarters, Management, and Administration: 

Management and administration, border security inspections and trade facilitation ........................... 646,608 522,825 695,294 ∂48,686 ∂172,469 
144 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Management and administration, border security, and control between ports of entry ........................ 622,550 497,675 723,919 ∂101,369 ∂226,244 

Subtotal, Headquarters, Mgt & Admin ................................................................................................ 1,269,158 1,020,500 1,419,213 ∂150,055 ∂398,713 

Border security inspections and tradefacilitation: 

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

Emergency appropriations (Public Law 111–5) .............................................................................. 160,000 ............................ ............................ ¥160,000 ............................

Subtotal ....................................................................................................................................... 305,944 143,563 163,563 ¥142,381 ∂20,000 

Automated targeting systems .................................................................................................................. 32,550 32,560 32,560 ∂10 ............................National Targeting Center ........................................................................................................................ 24,481 26,355 26,355 ∂1,874 ............................Training .................................................................................................................................................... 24,778 24,778 24,778 ............................ ............................

Subtotal, Border security inspections and trade facilitation .............................................................. 2,721,099 2,736,180 2,770,048 ∂48,949 ∂33,868 

Border security and control between ports of entry: 

Border security and control ...................................................................................................................... 3,426,455 3,505,008 3,525,008 ∂98,553 ∂20,000 Training .................................................................................................................................................... 74,815 51,751 51,751 ¥23,064 ............................

Subtotal, Border security and control between ports of entry ............................................................ 3,501,270 3,556,759 3,576,759 ∂75,489 ∂20,000 

Air and Marine Operations ................................................................................................................................ 271,679 309,629 309,629 ∂37,950 ............................

Subtotal, Salaries and expenses .................................................................................................................. 7,763,206 7,623,068 8,075,649 ∂312,443 ∂452,581 

Appropriations ...................................................................................................................................... (7,600,052 ) (7,619,842 ) (8,072,423 ) (∂472,371 ) (∂452,581 ) Emergency appropriations ................................................................................................................... (160,000 ) ............................ ............................ (¥160,000 ) ............................
145 

Harbor maintenance trust fund ........................................................................................................... (3,154 ) (3,226 ) (3,226 ) (∂72 ) ............................

Automation modernization: 

Automated commercial environment/International Trade Data System (ITDS) ................................................ 316,851 267,960 267,960 ¥48,891 ............................Critical operations protection and processing support (COPPS) ...................................................................... 194,483 194,485 194,485 ∂2 ............................

Subtotal, Automation modernization ............................................................................................................ 511,334 462,445 462,445 ¥48,889 ............................

Border security fencing, infrastructure, and technology (BSFIT): 

Development and deployment ........................................................................................................................... 505,000 494,000 514,548 ∂9,548 ∂20,548 Operation and maintenance .............................................................................................................................. 150,000 200,000 200,000 ∂50,000 ............................Program management ....................................................................................................................................... 120,000 85,452 85,452 ¥34,548 ............................Emergency appropriations ................................................................................................................................. 100,000 ............................ ............................ ¥100,000 ............................

Subtotal, BSFIT ............................................................................................................................................. 875,000 779,452 800,000 ¥75,000 ∂20,548 

Appropriations ...................................................................................................................................... (775,000 ) (779,452 ) (800,000 ) (∂25,000 ) (∂20,548 ) Emergency appropriations ................................................................................................................... (100,000 ) ............................ ............................ (¥100,000 ) ............................

Air and Marine Interdiction, Operations, Maintenance, and Procurement: 

Operations and maintenance ............................................................................................................................ 380,022 374,217 374,217 ¥5,805 ............................Procurement ....................................................................................................................................................... 147,978 131,609 141,609 ¥6,369 ∂10,000 

Subtotal, Air and marine interdiction, operations, maintenance, and procurement ................................... 528,000 505,826 515,826 ¥12,174 ∂10,000 

Construction and Facilities management: 

Facility construction and sustainment ............................................................................................................. 403,201 239,357 279,057 ¥124,144 ∂39,700 Rent ................................................................................................................................................................... ............................ 402,263 ............................ ............................ ¥402,263 Program oversight and management ............................................................................................................... ............................ 37,013 37,013 ∂37,013 ............................Emergency appropriations ................................................................................................................................. 420,000 ............................ ............................ ¥420,000 ............................

Subtotal, Construction and Facilities management ..................................................................................... 823,201 678,633 316,070 ¥507,131 ¥362,563 Total, Direct appropriations for U.S. Customs and Border Protection ......................................................... 10,500,741 10,049,424 10,169,990 ¥330,751 ∂120,566 

Fee accounts: 

Immigration inspection user fee ....................................................................................................................... (570,059 ) (584,000 ) (584,000 ) (∂13,941 ) ............................Immigration enforcement fines ......................................................................................................................... (3,331 ) (5,000 ) (5,000 ) (∂1,669 ) ............................Land border inspection fee ............................................................................................................................... (26,880 ) (30,000 ) (30,000 ) (∂3,120 ) ............................COBRA passenger inspection fee ...................................................................................................................... (410,666 ) (393,000 ) (393,000 ) (¥17,666 ) ............................APHIS inspection fee ......................................................................................................................................... (333,433 ) (320,000 ) (320,000 ) (¥13,433 ) ............................Puerto Rico collections ...................................................................................................................................... (96,719 ) (92,000 ) (92,000 ) (¥4,719 ) ............................Small airport user fees ..................................................................................................................................... (7,057 ) (8,000 ) (8,000 ) (∂943 ) ............................
146 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Subtotal, fee accounts .................................................................................................................................. (1,448,145 ) (1,432,000 ) (1,432,000 ) (¥16,145 ) ............................Total, U.S. Customs and Border Protection .................................................................................................. (11,948,886 ) (11,481,424 ) (11,601,990 ) (¥346,896 ) (∂120,566 ) 

Appropriations ...................................................................................................................................... (9,820,741 ) (10,049,424 ) (10,169,990 ) (∂349,249 ) (∂120,566 ) Emergency appropriations ................................................................................................................... (680,000 ) ............................ ............................ (¥680,000 ) ............................(Fee accounts) ..................................................................................................................................... (1,448,145 ) (1,432,000 ) (1,432,000 ) (¥16,145 ) ............................

U.S. Immigration and Customs Enforcement 

Salaries and expenses: 

Headquarters Management and Administration (non-detention and removal operations): 

Personnel compensation and benefits, service, and other costs ............................................................ 203,076 321,850 288,950 ∂85,874 ¥32,900 Headquarters managed IT investment ..................................................................................................... 169,348 243,264 233,264 ∂63,916 ¥10,000 

Subtotal, Headquarters management and administration ................................................................. 372,424 565,114 522,214 ∂149,790 ¥42,900 

Legal proceedings ............................................................................................................................................. 215,035 221,666 221,666 ∂6,631 ............................Investigations: 

Domestic ................................................................................................................................................... 1,519,208 1,615,551 1,666,551 ∂147,343 ∂51,000 International investigations: 

International operations .................................................................................................................. 106,741 112,872 112,872 ∂6,131 ............................Visa security program ..................................................................................................................... 26,800 30,186 30,186 ∂3,386 ............................

Subtotal, International investigations ........................................................................................ 133,541 143,058 143,058 ∂9,517 ............................Subtotal, Investigations .............................................................................................................. 1,652,749 1,758,609 1,809,609 ∂156,860 ∂51,000 

Intelligence ........................................................................................................................................................ 55,789 67,842 71,842 ∂16,053 ∂4,000 Detention and removal operations: 

Custody Operations .................................................................................................................................. 1,721,268 1,771,168 1,771,168 ∂49,900 ............................Fugitive operations ................................................................................................................................... 226,477 229,682 229,682 ∂3,205 ............................
147 

Criminal Alien program ............................................................................................................................ 189,069 192,539 192,539 ∂3,470 ............................Alternatives to detention .......................................................................................................................... 63,000 63,913 63,913 ∂913 ............................Transportation and removal program ...................................................................................................... 281,399 281,878 281,878 ∂479 ............................

Subtotal, Detention and removal operations ....................................................................................... 2,481,213 2,539,180 2,539,180 ∂57,967 ............................

Comprehensive identification and removal of criminal aliens: 

Criminal aliens ......................................................................................................................................... 150,000 195,589 195,589 ∂45,589 ............................

Subtotal, Salaries and expenses ......................................................................................................... 4,927,210 5,348,000 5,360,100 ∂432,890 ∂12,100 

Federal Protective Service: 

Basic security .................................................................................................................................................... 213,673 ............................ ............................ ¥213,673 ............................Building specific security (including capital equipment replacement/acquisition) ........................................ 426,327 ............................ ............................ ¥426,327 ............................

Subtotal, Federal Protective Service ............................................................................................................. 640,000 ............................ ............................ ¥640,000 ............................

Offsetting fee collections .................................................................................................................................. ¥640,000 ............................ ............................ ∂640,000 ............................

Automation modernization .......................................................................................................................................... 57,000 110,000 85,000 ∂28,000 ¥25,000 

Emergency appropriations (Public Law 111–5) ................................................................................................ 20,000 ............................ ............................ ¥20,000 ............................

Subtotal, Automation modernization ............................................................................................................ 77,000 110,000 85,000 ∂8,000 ¥25,000 

Construction ............................................................................................................................................................... 5,000 ............................ ............................ ¥5,000 ............................

Total, Direct appropriations for U.S. Immigration Customs Enforcement ................................................... 5,009,210 5,458,000 5,445,100 ∂435,890 ¥12,900 

Fee accounts: 

Immigration inspection user fee ....................................................................................................................... (119,000 ) (109,800 ) (109,800 ) (¥9,200 ) ............................Breached bond/detention fund .......................................................................................................................... (60,000 ) (75,000 ) (75,000 ) (∂15,000 ) ............................Student exchange and visitor fee ..................................................................................................................... (120,000 ) (120,000 ) (120,000 ) ............................ ............................

Subtotal, fee accounts .................................................................................................................................. (299,000 ) (304,800 ) (304,800 ) (∂5,800 ) ............................Subtotal, U.S. Immigration and Customs Enforcement (gross) ................................................................... (5,948,210 ) (5,762,800 ) (5,749,900 ) (¥198,310 ) (¥12,900 ) 

Offsetting fee collections ..................................................................................................................... (¥640,000 ) ............................ ............................ (∂640,000 ) ............................

Total, U.S. Immigration and Customs Enforcement ..................................................................................... (5,308,210 ) (5,762,800 ) (5,749,900 ) (∂441,690 ) (¥12,900 ) 

Appropriations ...................................................................................................................................... (4,989,210 ) (5,458,000 ) (5,445,100 ) (∂455,890 ) (¥12,900 ) Emergency appropriations ................................................................................................................... (20,000 ) ............................ ............................ (¥20,000 ) ............................Fee accounts ........................................................................................................................................ (299,000 ) (304,800 ) (304,800 ) (∂5,800 ) ............................
148 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Transportation Security Administration 

Aviation security: 

Screening operations: 

Screener workforce: 

Privatized screening ........................................................................................................................ 151,272 149,643 149,643 ¥1,629 ............................Screener personnel, compensation, and benefits ........................................................................... 2,716,014 2,788,575 2,758,575 ∂42,561 ¥30,000 

Subtotal, Screener workforce ...................................................................................................... 2,867,286 2,938,218 2,908,218 ∂40,932 ¥30,000 

Screener training and other ..................................................................................................................... 197,318 203,463 203,463 ∂6,145 ............................Checkpoint support .................................................................................................................................. 250,000 128,739 128,739 ¥121,261 ............................Emergency appropriations (Public Law 111–5) ....................................................................................... 1,000,000 ............................ ............................ ¥1,000,000 ............................Explosives Detection Systems [EDS]/Explosive Trace Detection [ETD]: 

EDS procurement and installation .................................................................................................. 294,000 856,591 806,669 ∂512,669 ¥49,922 Screening technology maintenance and utilities ............................................................................ 305,625 326,625 326,625 ∂21,000 ............................Operation integration ...................................................................................................................... 21,481 21,481 21,481 ............................ ............................

Subtotal, EDS/ETD Systems ........................................................................................................ 621,106 1,204,697 1,154,775 ∂533,669 ¥49,922 Subtotal, Screening operations ................................................................................................... 4,935,710 4,475,117 4,395,195 ¥540,515 ¥79,922 

Aviation security direction and enforcement: 

Aviation regulation and other enforcement ............................................................................................. 245,268 254,064 254,064 ∂8,796 ............................Airport management and support ............................................................................................................ 401,666 448,424 448,424 ∂46,758 ............................FFDO and flight crew training ................................................................................................................. 25,025 25,127 25,127 ∂102 ............................Air cargo ................................................................................................................................................... 122,849 108,118 115,018 ¥7,831 ∂6,900 Airport perimeter security ......................................................................................................................... 4,000 ............................ ............................ ¥4,000 ............................

Subtotal, Aviation security direction and enforcement ....................................................................... 798,808 835,733 842,633 ∂43,825 ∂6,900 

Implementing requirements of Public Law 110–53 ......................................................................................... 20,000 ............................ ............................ ¥20,000 ............................
149 

Discretionary fee proposal: 

General aviation at DCA .......................................................................................................................... (75 ) (100 ) (100 ) (∂25 ) ............................Indirect air cargo ..................................................................................................................................... (200 ) (2,600 ) (2,600 ) (∂2,400 ) ............................Certified cargo screening program .......................................................................................................... ............................ (5,200 ) (5,200 ) (∂5,200 ) ............................Large aircraft security program ............................................................................................................... ............................ (1,600 ) (1,600 ) (∂1,600 ) ............................Secure identification display area checks ............................................................................................... ............................ (10,000 ) (10,000 ) (∂10,000 ) ............................Other security threat assessments .......................................................................................................... ............................ (100 ) (100 ) (∂100 ) ............................

Total, Discretionary fee proposal ......................................................................................................... (275 ) (19,600 ) (19,600 ) (∂19,325 ) ............................

Aviation security capital fund (mandatory) ...................................................................................................... (250,000 ) (250,000 ) (250,000 ) ............................ ............................

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

Appropriations ................................................................................................................................. (2,434,518 ) (3,210,850 ) (3,137,828 ) (∂703,310 ) (¥73,022 ) Emergency appropriations ............................................................................................................... (1,000,000 ) ............................ ............................ (¥1,000,000 ) ............................Aviation security capital fund ......................................................................................................... (250,000 ) (250,000 ) (250,000 ) ............................ ............................

Surface transportation security: 

Staffing and operations .................................................................................................................................... 24,885 42,293 42,293 ∂17,408 ............................Surface transportation security inspectors and canines .................................................................................. 24,721 86,123 100,323 ∂75,602 ∂14,200 

Subtotal, Surface transportation security ................................................................................................ 49,606 128,416 142,616 ∂93,010 ∂14,200 

Transportation Threat Assessment and Credentialing: 

Secure Flight ..................................................................................................................................................... 82,211 84,363 84,363 ∂2,152 ............................Crew and other vetting programs ..................................................................................................................... 33,807 107,636 87,636 ∂53,829 ¥20,000 Registered Traveler Program fees ..................................................................................................................... (10,000 ) ............................ ............................ (¥10,000 ) ............................Transportation Worker Identification Credential fee ......................................................................................... (9,000 ) (9,000 ) (9,000 ) ............................ ............................Hazardous materials fees ................................................................................................................................. (18,000 ) (15,000 ) (15,000 ) (¥3,000 ) ............................Alien Flight School fees (by transfer from DOJ) ............................................................................................... (3,000 ) (4,000 ) (4,000 ) (∂1,000 ) ............................Certified cargo screening program ................................................................................................................... ............................ ............................ ............................ ............................ ............................Large aircraft security program ........................................................................................................................ ............................ ............................ ............................ ............................ ............................Secure identification display area checks ........................................................................................................ ............................ ............................ ............................ ............................ ............................Other security threat assessments ................................................................................................................... ............................ ............................ ............................ ............................ ............................

Subtotal, Transportation Threat Assessment and Credentialing (Gross) .................................................... (156,018 ) (219,999 ) (199,999 ) (∂43,981 ) (¥20,000 ) 

Fee funded programs ............................................................................................................................... (40,000 ) (28,000 ) (28,000 ) (¥12,000 ) ............................
150 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Subtotal, Transportation Threat Assessment and Credentialing (net) ........................................................ 116,018 191,999 171,999 ∂55,981 ¥20,000 

Transportation security support: 

Headquarters administration ............................................................................................................................ 234,870 248,929 248,929 ∂14,059 ............................Information technology ...................................................................................................................................... 472,799 501,110 496,110 ∂23,311 ¥5,000 Human capital services .................................................................................................................................... 218,105 226,338 226,338 ∂8,233 ............................Intelligence ........................................................................................................................................................ 21,961 28,203 28,203 ∂6,242 ............................Sensitive security information fees ................................................................................................................... ............................ (20 ) (20 ) (∂20 ) ............................

Subtotal, Transportation security support .................................................................................................... 947,735 1,004,580 999,580 ∂51,845 ¥5,000 

Federal Air Marshals: 

Management and administration ...................................................................................................................... 725,081 762,569 762,569 ∂37,488 ............................Travel and training ........................................................................................................................................... 94,400 97,542 97,542 ∂3,142 ............................

Subtotal, Federal Air Marshals ..................................................................................................................... 819,481 860,111 860,111 ∂40,630 ............................Total, Transportation Security Administration (gross) (including transfers) ............................................... 7,977,358 7,773,956 7,690,134 ¥287,224 ¥83,822 

Offsetting fee collections ..................................................................................................................... (¥2,320,000 ) (¥2,100,000 ) (¥2,100,000 ) (∂220,000 ) ............................Aviation security capital fund ............................................................................................................. (250,000 ) (250,000 ) (250,000 ) ............................ ............................Fee accounts ........................................................................................................................................ (40,000 ) (28,000 ) (28,000 ) (¥12,000 ) ............................

Total, Transportation Security Administration (net) ..................................................................................... 5,367,358 5,395,956 5,312,134 ¥55,224 ¥83,822 

Appropriations ...................................................................................................................................... (4,367,358 ) (5,395,956 ) (5,312,134 ) (∂944,776 ) (¥83,822 ) Emergency appropriations ................................................................................................................... (1,000,000 ) ............................ ............................ (¥1,000,000 ) ............................

Coast Guard 

Operating expenses: 

Military pay and allowances ............................................................................................................................. 3,061,663 3,244,861 3,255,955 ∂194,292 ∂11,094 Civilian pay and benefits .................................................................................................................................. 645,350 699,594 700,042 ∂54,692 ∂448 Training and recruiting ..................................................................................................................................... 195,919 205,970 206,429 ∂10,510 ∂459 
151 

Operating funds and unit level maintenance .................................................................................................. 1,177,406 1,149,513 1,154,569 ¥22,837 ∂5,056 Centrally managed accounts ............................................................................................................................ 262,294 353,071 354,874 ∂92,580 ∂1,803 Intermediate and depot level maintenance ...................................................................................................... 823,793 903,179 924,919 ∂101,126 ∂21,740 Port and vessel security .................................................................................................................................... 23,500 ............................ ............................ ¥23,500 ............................Aviation mission hour gap ................................................................................................................................ 5,000 ............................ ............................ ¥5,000 ............................Defense function ............................................................................................................................................... (340,000 ) (340,000 ) (340,000 ) ............................ ............................Overseas contingency operations ...................................................................................................................... ............................ ............................ 241,503 ∂241,503 ∂241,503 

Subtotal, Operating expenses ....................................................................................................................... 6,194,925 6,556,188 6,838,291 ∂643,366 ∂282,103 

Appropriations ...................................................................................................................................... (5,854,925 ) (6,216,188 ) (6,256,788 ) (∂401,863 ) (∂40,600 ) Overseas contingency operations ........................................................................................................ ............................ ............................ (241,503 ) (∂241,503 ) (∂241,503 ) Defense function .................................................................................................................................. (340,000 ) (340,000 ) (340,000 ) ............................ ............................

Environmental compliance and restoration ............................................................................................................... 13,000 13,198 13,198 ∂198 ............................Reserve training ......................................................................................................................................................... 130,501 133,632 133,632 ∂3,131 ............................Acquisition, construction, and improvements: 

Vessels: 

Response boat medium ............................................................................................................................ 108,000 103,000 123,000 ∂15,000 ∂20,000 Inland river tender recapitalization ......................................................................................................... 5,000 ............................ ............................ ¥5,000 ............................

Subtotal, Vessels ................................................................................................................................. 113,000 103,000 123,000 ∂10,000 ∂20,000 

Other equipment: 

Automatic identification system .............................................................................................................. 8,600 ............................ ............................ ¥8,600 ............................Defense messaging system ...................................................................................................................... 4,074 ............................ ............................ ¥4,074 ............................National distress and response system modernization (Rescue 21) ...................................................... 73,000 117,000 117,000 ∂44,000 ............................HF Recapitalization .................................................................................................................................. 2,500 2,500 2,500 ............................ ............................Interagency Operation Centers (Command 21) ....................................................................................... 1,000 ............................ 28,000 ∂27,000 ∂28,000 

Subtotal, Other equipment .................................................................................................................. 89,174 119,500 147,500 ∂58,326 ∂28,000 

Personnel compensation and benefits: 

Core acquisition costs .............................................................................................................................. 500 500 500 ............................ ............................Direct personnel cost ............................................................................................................................... 92,330 99,500 104,700 ∂12,370 ∂5,200 

Subtotal, Personnel compensation & benefits .................................................................................... 92,830 100,000 105,200 ∂12,370 ∂5,200 

Integrated deepwater systems: 

Aircraft: 

Unmanned aerial systems ............................................................................................................... 3,000 ............................ ............................ ¥3,000 ............................Maritime Patrol Aircraft .................................................................................................................. 86,600 175,000 175,000 ∂88,400 ............................HH–60 conversions/sustainmant .................................................................................................... 52,700 45,900 45,900 ¥6,800 ............................
152 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

HC–130H conversions ..................................................................................................................... 24,500 45,300 45,300 ∂20,800 ............................HH–65 conversion/sustainment ...................................................................................................... 64,500 38,000 38,000 ¥26,500 ............................C–130J fleet introduction ................................................................................................................ 13,250 1,300 1,300 ¥11,950 ............................

Subtotal, Aircraft ........................................................................................................................ 244,550 305,500 305,500 ∂60,950 ............................

Surface ships: 

National Security Cutter .................................................................................................................. 353,700 281,480 389,480 ∂35,780 ∂108,000 Offshore Patrol Cutter ..................................................................................................................... 3,003 9,800 9,800 ∂6,797 ............................Fast Response Cutter ...................................................................................................................... 115,300 243,000 243,000 ∂127,700 ............................IDS small boats ............................................................................................................................... 2,400 3,000 3,000 ∂600 ............................Patrol Boat sustainment ................................................................................................................. 30,800 23,000 23,000 ¥7,800 ............................Medium endurance cutter sustainment .......................................................................................... 35,500 31,100 31,100 ¥4,400 ............................Polar Icebreaker sustainment ......................................................................................................... 30,300 ............................ 27,300 ¥3,000 ∂27,300 High endurance cutter sustainment ............................................................................................... ............................ ............................ 8,000 ∂8,000 ∂8,000 

Subtotal, Surface ships .............................................................................................................. 571,003 591,380 734,680 ∂163,677 ∂143,300 

Technology obsolescence prevention ........................................................................................................ 1,500 1,900 1,900 ∂400 ............................C4ISR ........................................................................................................................................................ 88,100 35,000 35,000 ¥53,100 ............................Logistics ................................................................................................................................................... 37,700 37,700 37,700 ............................ ............................Systems engineering and management ................................................................................................... 33,141 35,000 35,000 ∂1,859 ............................Government program management .......................................................................................................... 58,000 45,000 45,000 ¥13,000 ............................

Subtotal, Integrated deepwater systems ............................................................................................. 1,033,994 1,051,480 1,194,780 ∂160,786 ∂143,300 

Shore facilities and aids to navigation ............................................................................................................ 68,000 10,000 27,100 ¥40,900 ∂17,100 Emergency appropriations (Public Law 111–5) ................................................................................................ 98,000 ............................ ............................ ¥98,000 ............................

Subtotal ......................................................................................................................................................... 166,000 10,000 27,100 ¥138,900 ∂17,100 

Coast Guard/DHS headquarters ........................................................................................................................ 97,578 ............................ ............................ ¥97,578 ............................
153 

Subtotal, Acquisition, construction, and improvements .............................................................................. 1,592,576 1,383,980 1,597,580 ∂5,004 ∂213,600 

Appropriations ...................................................................................................................................... (1,494,576 ) (1,383,980 ) (1,597,580 ) (∂103,004 ) (∂213,600 ) Emergency appropriations ................................................................................................................... (98,000 ) ............................ ............................ (¥98,000 ) ............................

Alteration of bridges .................................................................................................................................................. 16,000 ............................ 4,000 ¥12,000 ∂4,000 

Emergency appropriations (Public Law 111–5) ................................................................................................ 142,000 ............................ ............................ ¥142,000 ............................

Subtotal ......................................................................................................................................................... 158,000 ............................ 4,000 ¥154,000 ∂4,000 

Research, development, test, and evaluation ........................................................................................................... 18,000 19,745 29,745 ∂11,745 ∂10,000 Health care fund contribution (permanent indefinite discretionary) ........................................................................ 257,305 261,000 261,000 ∂3,695 ............................

Subtotal, Coast Guard discretionary ............................................................................................................ 8,364,307 8,367,743 8,877,446 ∂513,139 ∂509,703 

Retired pay (mandatory) ............................................................................................................................................ 1,236,745 1,361,245 1,361,245 ∂124,500 ............................

Total, Coast Guard ........................................................................................................................................ 9,601,052 9,728,988 10,238,691 ∂637,639 ∂509,703 

Appropriations ...................................................................................................................................... (9,361,052 ) (9,728,988 ) (9,997,188 ) (∂636,136 ) (∂268,200 ) Emergency appropriations ................................................................................................................... (240,000 ) ............................ ............................ (¥240,000 ) ............................Overseas contingency operations ........................................................................................................ ............................ ............................ (241,503 ) (∂241,503 ) (∂241,503 ) 

United States Secret Service 

Salaries and expenses: 

Protection: 

Protection of persons and facilities ......................................................................................................... 705,918 759,561 759,561 ∂53,643 ............................Protective intelligence activities .............................................................................................................. 59,761 67,824 67,824 ∂8,063 ............................National special security events .............................................................................................................. 1,000 1,000 1,000 ............................ ............................Presidential candidate nominee protection ............................................................................................. 41,082 ............................ ............................ ¥41,082 ............................White House mail screening .................................................................................................................... 33,701 25,315 22,415 ¥11,286 ¥2,900 

Subtotal, Protection ............................................................................................................................. 841,462 853,700 850,800 ∂9,338 ¥2,900 

Investigations: 

Domestic field operations ........................................................................................................................ 241,772 260,892 260,892 ∂19,120 ............................International field office administration, operations, and training ........................................................ 30,000 30,705 30,705 ∂705 ............................Electronic crimes special agent program and electronic crimes task forces ........................................ 51,836 56,541 56,541 ∂4,705 ............................Support for missing and exploited children ............................................................................................ 8,366 8,366 8,366 ............................ ............................

Subtotal, Investigations ....................................................................................................................... 331,974 356,504 356,504 ∂24,530 ............................

Administration: 

Headquarters, management, and administration .................................................................................... 182,104 221,045 221,045 ∂38,941 ............................
154 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Training: 

Rowley training center ............................................................................................................................. 53,189 54,360 54,360 ∂1,171 ............................

Emergency appropriations (Public Law 111–8) ................................................................................................ 100,000 ............................ ............................ ¥100,000 ............................

Subtotal, Salaries and expenses .................................................................................................................. 1,508,729 1,485,609 1,482,709 ¥26,020 ¥2,900 

Appropriations ...................................................................................................................................... (1,408,729 ) (1,485,609 ) (1,482,709 ) (∂73,980 ) (¥2,900 ) Emergency appropriations ................................................................................................................... (100,000 ) ............................ ............................ (¥100,000 ) ............................

Acquisition, construction, improvements, and related expenses (Rowley) ................................................................ 4,225 3,975 3,975 ¥250 ............................

Total, United States Secret Service .............................................................................................................. 1,512,954 1,489,584 1,486,684 ¥26,270 ¥2,900 

Appropriations ...................................................................................................................................... (1,412,954 ) (1,489,584 ) (1,486,684 ) (∂73,730 ) (¥2,900 ) Emergency appropriations ................................................................................................................... (100,000 ) ............................ ............................ (¥100,000 ) ............................

Total, title II, Security, Enforcement, and Investigations (including transfers) .......................................... 31,991,315 32,121,952 32,652,599 ∂661,284 ∂530,647 

Appropriations ............................................................................................................................. (29,951,315 ) (32,121,952 ) (32,411,096 ) (∂2,459,781 ) (∂289,144 ) Emergency appropriations .......................................................................................................... (2,040,000 ) ............................ ............................ (¥2,040,000 ) ............................Contingent emergency (by transfer) ........................................................................................... ............................ ............................ ............................ ............................ ............................(Fee Accounts) ............................................................................................................................ (1,787,145 ) (1,764,800 ) (1,764,800 ) (¥22,345 ) ............................

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 

National Protection and Programs Directorate 

Management and administration: 

Administrative activities ................................................................................................................................... 41,850 34,682 34,682 ¥7,168 ............................Risk management and analysis ....................................................................................................................... 9,500 9,895 9,895 ∂395 ............................

Total, Management and administration ....................................................................................................... 51,350 44,577 44,577 ¥6,773 ............................

Infrastructure Protection and Information Security: 

Infrastructure protection: 

Identification and analysis ...................................................................................................................... 80,603 86,610 90,610 ∂10,007 ∂4,000 
155 

Coordination and information sharing ..................................................................................................... 62,367 50,582 59,582 ¥2,785 ∂9,000 Mitigation programs ................................................................................................................................. 170,830 196,111 196,111 ∂25,281 ............................

Subtotal, Infrastructure protection ...................................................................................................... 313,800 333,303 346,303 ∂32,503 ∂13,000 

National Cyber Security Division: 

U.S. Computer Emergency Response Team (US–CERT) ........................................................................... 254,924 333,629 331,629 ∂76,705 ¥2,000 Strategic initiatives .................................................................................................................................. 49,138 57,679 57,679 ∂8,541 ............................Outreach and programs ........................................................................................................................... 9,438 9,346 9,346 ¥92 ............................

Subtotal, National Cyber Security Division .......................................................................................... 313,500 400,654 398,654 ∂85,154 ¥2,000 

Office of Emergency Communications .............................................................................................................. 38,300 44,060 44,060 ∂5,760 ............................National Security/Emergency Preparedness Telecommunications: 

Priority telecommunications services ....................................................................................................... 58,740 56,773 56,773 ¥1,967 ............................Next generation networks ......................................................................................................................... 50,250 50,250 25,000 ¥25,250 ¥25,250 Programs to study and enhance telecommunications ............................................................................ 15,100 19,274 16,774 ∂1,674 ¥2,500 Critical infrastructure protection programs ............................................................................................. 11,260 13,852 13,852 ∂2,592 ............................National command and coordination capability ...................................................................................... 5,963 ............................ ............................ ¥5,963 ............................

Subtotal, National Security/Emergency Preparedness Telecommunications ....................................... 141,313 140,149 112,399 ¥28,914 ¥27,750 Subtotal, Infrastructure Protection and Information Security ............................................................. 806,913 918,166 901,416 ∂94,503 ¥16,750 

U.S. Visitor and Immigrant Status Indicator Technology .......................................................................................... 300,000 356,194 378,194 ∂78,194 ∂22,000 Federal Protective Service: 

Basic security .................................................................................................................................................... ............................ 213,673 213,673 ∂213,673 ............................Building-specific security .................................................................................................................................. ............................ 426,327 426,327 ∂426,327 ............................Reimbursable Security Fees (contract guard services) .................................................................................... ............................ 475,000 475,000 ∂475,000 ............................

Subtotal, Federal Protective Service ............................................................................................................. ............................ 1,115,000 1,115,000 ∂1,115,000 ............................

Offsetting collections ............................................................................................................................... ............................ ¥1,115,000 ¥1,115,000 ¥1,115,000 ............................

Total, National Protection and Programs Directorate .................................................................................. 1,158,263 1,318,937 1,324,187 ∂165,924 ∂5,250 

Appropriations ...................................................................................................................................... (1,158,263 ) (2,433,937 ) (2,439,187 ) (∂1,280,924 ) (∂5,250 ) Offsetting collections ........................................................................................................................... ............................ (¥1,115,000 ) (¥1,115,000 ) (¥1,115,000 ) ............................

Office of Health Affairs 

BioWatch ............................................................................................................................................................ 111,606 94,513 89,513 ¥22,093 ¥5,000 National biosurveillence integration system ..................................................................................................... 8,000 8,000 8,000 ............................ ............................Rapidly deployable chemical detection system ................................................................................................ 2,600 2,600 2,600 ............................ ............................
156 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Planning and coordination ................................................................................................................................ 5,775 2,476 4,476 ¥1,299 ∂2,000 Salaries and expenses ...................................................................................................................................... 29,210 30,411 30,411 ∂1,201 ............................

Total, Office of Health Affairs ...................................................................................................................... 157,191 138,000 135,000 ¥22,191 ¥3,000 

Federal Emergency Management Agency 

Management and administration: 

Operating activities ........................................................................................................................................... 798,595 817,205 820,205 ∂21,610 ∂3,000 

(Defense function) .................................................................................................................................... (94,059 ) (107,481 ) (107,481 ) (∂13,422 ) ............................

Urban search and rescue response system ...................................................................................................... 32,500 28,000 32,500 ............................ ∂4,500 Office of National Capitol Region Coordination ............................................................................................... 6,342 6,995 6,995 ∂653 ............................Transfer from Disaster relief ............................................................................................................................. (105,600 ) (50,000 ) (50,000 ) (¥55,600 ) ............................

Subtotal, Management and administration (including transfers) ............................................................... 943,037 902,200 909,700 ¥33,337 ∂7,500 

Appropriations ...................................................................................................................................... (837,437 ) (852,200 ) (859,700 ) (∂22,263 ) (∂7,500 ) 

(Non-defense appropriations) ..................................................................................................... (743,378 ) (744,719 ) (752,219 ) (∂8,841 ) (∂7,500 ) (Defense appropriations) ............................................................................................................ (94,059 ) (107,481 ) (107,481 ) (∂13,422 ) ............................

by transfer ........................................................................................................................................... (105,600 ) (50,000 ) (50,000 ) (¥55,600 ) ............................

State and local programs: 

State Homeland Security Grant Program .......................................................................................................... 890,000 890,000 890,000 ............................ ............................

Operation Stonegarden ............................................................................................................................. 60,000 60,000 60,000 ............................ ............................

Subtotal, State Homeland Security Grant Program ............................................................................. 950,000 950,000 950,000 ............................ ............................

Urban area security initiative ........................................................................................................................... 837,500 887,000 887,000 ∂49,500 ............................Regional catastrophic preparedness grants ..................................................................................................... 35,000 35,000 35,000 ............................ ............................Metropolitan Medical Response System ............................................................................................................ 41,000 40,000 40,000 ¥1,000 ............................Citizen Corps program ...................................................................................................................................... 15,000 15,000 15,000 ............................ ............................Public transportation security assistance and railroad security assistance ................................................... 400,000 250,000 356,000 ¥44,000 ∂106,000 

Emergency appropriations (Public Law 111–5) ....................................................................................... 150,000 ............................ ............................ ¥150,000 ............................
157 

Subtotal ................................................................................................................................................ 550,000 250,000 356,000 ¥194,000 ∂106,000 

Port security grants ........................................................................................................................................... 400,000 250,000 350,000 ¥50,000 ∂100,000 

Emergency appropriations (Public Law 111–5) ....................................................................................... 150,000 ............................ ............................ ¥150,000 ............................

Subtotal ................................................................................................................................................ 550,000 250,000 350,000 ¥200,000 ∂100,000 

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

Fire grants ................................................................................................................................................ ............................ 170,000 ............................ ............................ ¥170,000 Staffing for Adequate Fire and Emergency Response Act grants ........................................................... ............................ 420,000 ............................ ............................ ¥420,000 

Subtotal, Firefighter assistance grants ............................................................................................... ............................ 590,000 ............................ ............................ ¥590,000 

Emergency management performance grants .................................................................................................. ............................ 315,000 ............................ ............................ ¥315,000 National Programs: 

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

Subtotal, National Programs ............................................................................................................... 264,200 210,000 264,200 ............................ ∂54,200 

Management and administration ...................................................................................................................... ............................ 175,000 ............................ ............................ ¥175,000 

Subtotal, State and Local Programs ............................................................................................................ 3,405,700 3,867,000 3,067,200 ¥338,500 ¥799,800 

Appropriations ...................................................................................................................................... (3,105,700 ) (3,867,000 ) (3,067,200 ) (¥38,500 ) (¥799,800 ) Emergency appropriations ................................................................................................................... (300,000 ) ............................ ............................ (¥300,000 ) ............................

Firefighter assistance grants: 

Fire grants ......................................................................................................................................................... 565,000 ............................ 380,000 ¥185,000 ∂380,000 
158 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Fire station construction: 

Emergency appropriations (Public Law 111–5) ....................................................................................... 210,000 ............................ ............................ ¥210,000 ............................

Staffing for Adequate Fire and Emergency Response Act grants .................................................................... 210,000 ............................ 420,000 ∂210,000 ∂420,000 

Subtotal, Firefighter assistance grants ........................................................................................................ 985,000 ............................ 800,000 ¥185,000 ∂800,000 

Appropriations ...................................................................................................................................... (775,000 ) ............................ (800,000 ) (∂25,000 ) (∂800,000 ) Emergency appropriations ................................................................................................................... (210,000 ) ............................ ............................ (¥210,000 ) ............................

Emergency management performance grants ........................................................................................................... 315,000 ............................ 350,000 ∂35,000 ∂350,000 

Subtotal, Grants and training ...................................................................................................................... 4,705,700 3,867,000 4,217,200 ¥488,500 ∂350,200 

Appropriations ...................................................................................................................................... (4,195,700 ) (3,867,000 ) (4,217,200 ) (∂21,500 ) (∂350,200 ) Emergency appropriations ................................................................................................................... (510,000 ) ............................ ............................ (¥510,000 ) ............................

Radiological Emergency Preparedness Program ........................................................................................................ ¥505 ¥265 ¥265 ∂240 ............................United States Fire Administration .............................................................................................................................. 44,979 45,588 45,588 ∂609 ............................Disaster relief ............................................................................................................................................................. 1,400,000 2,000,000 1,456,866 ∂56,866 ¥543,134 

(transfer to Management and Administration) ................................................................................................. (¥105,600 ) (¥50,000 ) (¥50,000 ) (∂55,600 ) ............................(transfer to Inspector General) ......................................................................................................................... (¥16,000 ) ............................ (¥16,000 ) ............................ (¥16,000 ) 

Subtotal, Disaster Relief ............................................................................................................................... 1,278,400 1,950,000 1,390,866 ∂112,466 ¥559,134 

Disaster assistance direct loan program account: 

(Limitation on direct loans) .............................................................................................................................. (25,000 ) (25,000 ) (25,000 ) ............................ ............................Direct loan subsidy ........................................................................................................................................... 295 295 295 ............................ ............................

Flood map modernization fund .................................................................................................................................. 220,000 220,000 220,000 ............................ ............................National flood insurance fund: 

Salaries and expenses ...................................................................................................................................... 49,418 52,149 52,149 ∂2,731 ............................Flood plain management and mitigation ......................................................................................................... 107,181 107,320 107,320 ∂139 ............................Offsetting fee collections .................................................................................................................................. ¥156,599 ¥159,469 ¥159,469 ¥2,870 ............................

National predisaster mitigation fund ........................................................................................................................ 90,000 150,000 120,000 ∂30,000 ¥30,000 Emergency food and shelter ...................................................................................................................................... 200,000 100,000 175,000 ¥25,000 ∂75,000 
159 

Emergency appropriations (Public Law 111–5) ................................................................................................ 100,000 ............................ ............................ ¥100,000 ............................

Subtotal, Emergency food and shelter ......................................................................................................... 300,000 100,000 175,000 ¥125,000 ∂75,000 

Cerro Grande Fire Payments (rescission) ................................................................................................................... ¥9,000 ............................ ............................ ∂9,000 ............................

Total, Federal Emergency Management Agency (including transfers) ......................................................... 7,572,906 7,234,818 7,078,384 ¥494,522 ¥156,434 

Appropriations ............................................................................................................................. (6,987,906 ) (7,234,818 ) (7,094,384 ) (∂106,478 ) (¥140,434 ) Emergency appropriations .......................................................................................................... (610,000 ) ............................ ............................ (¥610,000 ) ............................Rescissions ................................................................................................................................. (¥9,000 ) ............................ ............................ (∂9,000 ) ............................by transfer .................................................................................................................................. (105,600 ) (50,000 ) (50,000 ) (¥55,600 ) ............................transfer out ................................................................................................................................. (¥121,600 ) (¥50,000 ) (¥66,000 ) (∂55,600 ) (¥16,000 ) (Limitation on direct loans) ........................................................................................................ (25,000 ) (25,000 ) (25,000 ) ............................ ............................

Total, title III, Protection, Preparedness, Response and Recovery Directorate ............................................ 8,888,360 8,691,755 8,537,571 ¥350,789 ¥154,184 

Appropriations ............................................................................................................................. (8,303,360 ) (8,691,755 ) (8,553,571 ) (∂250,211 ) (¥138,184 ) Emergency appropriations .......................................................................................................... (610,000 ) ............................ ............................ (¥610,000 ) ............................Rescissions ................................................................................................................................. (¥9,000 ) ............................ ............................ (∂9,000 ) ............................By transfer .................................................................................................................................. (105,600 ) (50,000 ) (50,000 ) (¥55,600 ) ............................Transfer out ................................................................................................................................ (¥121,600 ) (¥50,000 ) (¥66,000 ) (∂55,600 ) (¥16,000 ) (Limitation on direct loans) ........................................................................................................ (25,000 ) (25,000 ) (25,000 ) ............................ ............................

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 

United States Citizenship and Immigration Services 

Appropriations: 

Basic pilot program .......................................................................................................................................... 100,000 112,000 118,500 ∂18,500 ∂6,500 Benefit parole programs ................................................................................................................................... 540 ............................ ............................ ¥540 ............................Immigration integration programs .................................................................................................................... 1,200 10,000 1,200 ............................ ¥8,800 Driver’s License Security Hub ........................................................................................................................... ............................ 25,000 ............................ ............................ ¥25,000 Asylum and refugee services ............................................................................................................................ ............................ 206,000 5,000 ∂5,000 ¥201,000 Data center consolidation ................................................................................................................................. ............................ 11,000 11,000 ∂11,000 ............................

Subtotal, Appropriations ............................................................................................................................... 101,740 364,000 135,700 ∂33,960 ¥228,300 

Adjudication services (fees): 

Pay and benefits ............................................................................................................................................... (780,076 ) ............................ ............................ (¥780,076 ) ............................District operations ............................................................................................................................................. (535,156 ) (1,132,317 ) (1,132,317 ) (∂597,161 ) ............................Service center operations .................................................................................................................................. (345,890 ) (549,623 ) (549,623 ) (∂203,733 ) ............................Asylum, refugee and international operations .................................................................................................. (92,602 ) ............................ ............................ (¥92,602 ) ............................International operations .................................................................................................................................... ............................ (64,587 ) (64,587 ) (∂64,587 ) ............................
160 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Records operations ............................................................................................................................................ (85,946 ) (107,113 ) (107,113 ) (∂21,167 ) ............................Business transformation ................................................................................................................................... (139,000 ) (173,264 ) (173,264 ) (∂34,264 ) ............................

Digitization program (nonadd) ................................................................................................................. (28,000 ) (29,000 ) (29,000 ) (∂1,000 ) ............................

Subtotal, Adjudication services ........................................................................................................... (1,978,670 ) (2,026,904 ) (2,026,904 ) (∂48,234 ) ............................

Information and customer services (fees): 

Pay and benefits ............................................................................................................................................... (92,587 ) ............................ ............................ (¥92,587 ) ............................Information and customer service .................................................................................................................... ............................ (89,050 ) (89,050 ) (∂89,050 ) ............................National Customer Service Centers .................................................................................................................. (53,747 ) ............................ ............................ (¥53,747 ) ............................Information services .......................................................................................................................................... (21,465 ) ............................ ............................ (¥21,465 ) ............................

Subtotal, Information and customer services .............................................................................................. (167,799 ) (89,050 ) (89,050 ) (¥78,749 ) ............................

Administration (fees): 

Administration ................................................................................................................................................... ............................ (365,932 ) (365,932 ) (∂365,932 ) ............................Pay and benefits ............................................................................................................................................... (88,746 ) ............................ ............................ (¥88,746 ) ............................Operating expenses ........................................................................................................................................... (285,153 ) ............................ ............................ (¥285,153 ) ............................

Subtotal, Administration ............................................................................................................................... (373,899 ) (365,932 ) (365,932 ) (¥7,967 ) ............................

Systematic Alien Verification for Entitlements [SAVE] (fees) .................................................................................... (18,818 ) (21,346 ) (21,346 ) (∂2,528 ) ............................

Total, United States Citizenship and Immigration Services ........................................................................ (2,640,926 ) (2,867,232 ) (2,638,932 ) (¥1,994 ) (¥228,300 ) 

Appropriations ...................................................................................................................................... (101,740 ) (364,000 ) (135,700 ) (∂33,960 ) (¥228,300 ) Total Fees ............................................................................................................................................. (2,539,186 ) (2,503,232 ) (2,503,232 ) (¥35,954 ) ............................

(Immigration Examination Fees) ................................................................................................. (2,495,186 ) (2,451,884 ) (2,451,884 ) (¥43,302 ) ............................(Fraud prevention and detection fees) ....................................................................................... (31,000 ) (38,348 ) (38,348 ) (∂7,348 ) ............................(H1B Non–Immigrant Petitioner fees) ........................................................................................ (13,000 ) (13,000 ) (13,000 ) ............................ ............................
161 

Federal Law Enforcement Training Center 

Salaries and expenses: 

Law enforcement training ................................................................................................................................. 245,240 244,047 243,047 ¥2,193 ¥1,000 Accreditation ...................................................................................................................................................... 1,290 1,309 1,309 ∂19 ............................

Subtotal, Salaries and expenses .................................................................................................................. 246,530 245,356 244,356 ¥2,174 ¥1,000 

Acquisitions, construction, improvements, and related expenses: 

Direct appropriation .......................................................................................................................................... 86,456 43,456 43,456 ¥43,000 ............................

Total, Federal Law Enforcement Training Center ......................................................................................... 332,986 288,812 287,812 ¥45,174 ¥1,000 

Science and Technology 

Management and administration ............................................................................................................................... 132,100 142,200 143,200 ∂11,100 ∂1,000 Research, development, acquisition, and operations: 

Border and maritime security ........................................................................................................................... 33,050 40,181 40,181 ∂7,131 ............................Chemical and biological ................................................................................................................................... 200,408 206,800 206,800 ∂6,392 ............................Command, control, and interoperability ........................................................................................................... 74,890 80,264 83,264 ∂8,374 ∂3,000 Explosives .......................................................................................................................................................... 96,149 120,809 120,809 ∂24,660 ............................Human factors ................................................................................................................................................... 12,460 15,087 12,460 ............................ ¥2,627 Infrastructure and geophysical ......................................................................................................................... 75,816 44,742 67,607 ¥8,209 ∂22,865 Innovation .......................................................................................................................................................... 33,000 44,000 44,000 ∂11,000 ............................Laboratory facilities ........................................................................................................................................... 161,940 154,500 154,500 ¥7,440 ............................Test and evaluations/standards ....................................................................................................................... 28,674 28,674 28,674 ............................ ............................Transition ........................................................................................................................................................... 28,830 45,134 45,134 ∂16,304 ............................University programs .......................................................................................................................................... 50,270 46,000 48,300 ¥1,970 ∂2,300 Homeland Security Institute .............................................................................................................................. 5,000 ............................ ............................ ¥5,000 ............................

Subtotal, Research, development, acquisition, and operations ................................................................... 800,487 826,191 851,729 ∂51,242 ∂25,538 Total, Science and Technology ..................................................................................................................... 932,587 968,391 994,929 ∂62,342 ∂26,538 

Domestic Nuclear Detection Office 

Management and administration ............................................................................................................................... 37,500 39,599 37,500 ............................ ¥2,099 Research, development, and operations: 

Systems engineering and architecture ............................................................................................................. 25,147 25,448 25,448 ∂301 ............................Systems development ........................................................................................................................................ 108,100 100,000 100,000 ¥8,100 ............................Transformational research and development ................................................................................................... 103,300 110,537 110,537 ∂7,237 ............................Assessments ...................................................................................................................................................... 32,000 32,416 32,416 ∂416 ............................
162 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2010—Continued 

[In thousands of dollars] 

Item 2009 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation compared with (∂ or ¥) 

2009 appropriation Budget estimate 

Operations support ............................................................................................................................................ 37,753 38,436 38,436 ∂683 ............................National Technical Nuclear Forensics Center ................................................................................................... 16,900 19,700 19,700 ∂2,800 ............................

Research, development, and operations ...................................................................................................... 323,200 326,537 326,537 ∂3,337 ............................

Systems acquisition: 

Radiation Portal Monitor/Advanced Spectroscopic Portal program .................................................................. 120,491 ............................ ............................ ¥120,491 ............................Securing the Cities ............................................................................................................................................ 20,000 ............................ 10,000 ¥10,000 ∂10,000 Human Portal Radiation Detection System program ........................................................................................ 13,000 ............................ ............................ ¥13,000 ............................

Subtotal, Systems acquisition ...................................................................................................................... 153,491 ............................ 10,000 ¥143,491 ∂10,000 Total, Domestic Nuclear Detection Office ..................................................................................................... 514,191 366,136 374,037 ¥140,154 ∂7,901 Total, title IV, Research and Development, Training, and Services ............................................................ 1,881,504 1,987,339 1,792,478 ¥89,026 ¥194,861 

(Fee Accounts) ..................................................................................................................................... (2,539,186 ) (2,503,232 ) (2,503,232 ) (¥35,954 ) ............................

TITLE V—GENERAL PROVISIONS 

Enacted provisions:.

Sec. 547: REAL ID Grants ................................................................................................................................. 50,000 ............................ ............................ ¥50,000 ............................Sec. 547: REAL ID Information Sharing and Verification System .................................................................... 50,000 ............................ ............................ ¥50,000 ............................Sec. 549: Rescission, TSA undistributed carryover. ......................................................................................... ¥31,000 ............................ ............................ ∂31,000 ............................Sec. 550: Rescission of unobligated balances, A&O ....................................................................................... ¥21,373 ............................ ¥5,000 ∂16,373 ¥5,000 Sec. 551: Rescission of unobligated balances, Coast Guard AC&I ................................................................. ¥20,000 ............................ ............................ ∂20,000 ............................Sec. 551: Rescission of unobligated balances, ICE Construction ................................................................... ............................ ............................ ¥7,000 ¥7,000 ¥7,000 Sec. 552: Rescission of unobligated balances, NPPD ...................................................................................... ............................ ............................ ¥8,000 ¥8,000 ¥8,000 Sec. 553: Rescission of unobligated balances, S&T ........................................................................................ ............................ ............................ ¥7,500 ¥7,500 ¥7,500 Sec. 554: Rescission of unobligated balances, DNDO ..................................................................................... ............................ ............................ ¥8,000 ¥8,000 ¥8,000 

Total, title V, General Provisions .................................................................................................................. 27,627 ............................ ¥35,500 ¥63,127 ¥35,500 
163 

Appropriations ...................................................................................................................................... (100,000 ) ............................ ............................ (¥100,000 ) ............................Rescissions .......................................................................................................................................... (¥72,373 ) ............................ (¥35,500 ) (∂36,873 ) (¥35,500 ) 

Grand total .................................................................................................................................................... 44,080,245 44,190,938 44,287,748 ∂207,503 ∂96,810 

Appropriations ............................................................................................................................. (41,306,618 ) (44,190,938 ) (44,081,745 ) (∂2,775,127 ) (¥109,193 ) 

(Discretionary) .................................................................................................................... (40,069,873 ) (42,829,693 ) (42,720,500 ) (∂2,650,627 ) (¥109,193 ) (Mandatory) ........................................................................................................................ (1,236,745 ) (1,361,245 ) (1,361,245 ) (∂124,500 ) ............................

Emergency appropriations .......................................................................................................... (2,855,000 ) ............................ ............................ (¥2,855,000 ) ............................Overseas deployment activities .................................................................................................. ............................ ............................ (241,503 ) (∂241,503 ) (∂241,503 ) Rescissions ................................................................................................................................. (¥81,373 ) ............................ (¥35,500 ) (∂45,873 ) (¥35,500 ) Fee funded programs .................................................................................................................. (4,326,331 ) (4,268,032 ) (4,268,032 ) (¥58,299 ) ............................(Limitation on direct loans) ........................................................................................................ (25,000 ) (25,000 ) (25,000 ) ............................ ............................(Transfer out) .............................................................................................................................. (¥121,600 ) (¥50,000 ) (¥66,000 ) (∂55,600 ) (¥16,000 ) (By transfer—contingent emergency) ........................................................................................ ............................ ............................ ............................ ............................ ............................(By transfer) ................................................................................................................................ (121,600 ) (50,000 ) (66,000 ) (¥55,600 ) (∂16,000 ) 

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