II 

Calendar No. 830 

110TH CONGRESS 

2D SESSION S. 3181 

[Report No. 110–396] 

Making appropriations for the Department of Homeland Security for the 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2008 

Mr. BYRD, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2009, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2009, for the Depart6 ment of Homeland Security and for other purposes, name7 ly: 
2 

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1 TITLE I 

2 DEPARTMENT OF HOMELAND SECURITY 

3 DEPARTMENTAL MANAGEMENT AND 

4 OPERATIONS 

5 OFFICE OF THE SECRETARY AND EXECUTIVE

6 MANAGEMENT

7 For necessary expenses of the Office of the Secretary 

8 of Homeland Security, as authorized by section 102 of the 

9 Homeland Security Act of 2002 (6 U.S.C. 112), and exec10 utive management of the Department of Homeland Secu11 rity, as authorized by law, $123,299,000: Provided, That 

12 not to exceed $60,000 shall be for official reception and 

13 representation expenses, of which $20,000 shall be made 

14 available to the Office of Policy solely to host Visa Waiver 

15 Program negotiations in Washington, DC: Provided fur16 ther, That $15,000,000 shall not be available for obliga17 tion until the Secretary certifies and reports to the Com18 mittees on Appropriations of the Senate and the House 

19 of Representatives that the Department has implemented 

20 revised Departmental guidance with respect to relations 

21 with the Government Accountability Office: Provided fur22 ther, That $10,000,000 shall not be available for obliga23 tion until the Secretary of Homeland Security, in coordi24 nation with the Administrator of the Federal Emergency 

25 Management Agency, certifies and reports to the Commit-
3 

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1 tees on Appropriations that processes to incorporate 

2 stakeholder input for grant guidance development and 

3 award distribution have been: (1) developed to ensure 

4 transparency and increased information gathering about 

5 security needs for all-hazards; (2) formalized and made 

6 clear to stakeholders; and (3) formalized to ensure future 

7 use for each fiscal year. 

8 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

9 For necessary expenses of the Office of the Under 

10 Secretary for Management, as authorized by sections 701 

11 through 705 of the Homeland Security Act of 2002 (6 

12 U.S.C. 341 through 345), $310,803,000, of which not to 

13 exceed $3,000 shall be for official reception and represen14 tation expenses: Provided, That of the total amount, 

15 $6,000,000 shall remain available until expended solely for 

16 the alteration and improvement of facilities, tenant im17 provements, and relocation costs to consolidate Depart18 ment headquarters operations at the Nebraska Avenue 

19 Complex: Provided further, That of the total amount pro20 vided, $120,000,000 shall remain available until expended 

21 solely for planning, design, and construction costs to con22 solidate the Headquarters, operations coordination, and 

23 policy and program management functions in a secure set24 ting. 
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $56,235,000, 

5 of which $12,000,000 shall remain available until ex6 pended for financial systems consolidation efforts. 

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For necessary expenses of the Office of the Chief In9 formation Officer, as authorized by section 103 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 113), and De11 partment-wide technology investments, $274,669,000; of 

12 which $86,928,000 shall be available for salaries and ex13 penses; and of which $187,741,000, to remain available 

14 until expended, shall be available for development and ac15 quisition of information technology equipment, software, 

16 services, and related activities for the Department of 

17 Homeland Security, of which not less than $23,830,000 

18 shall be available for data center development and an addi19 tional $22,300,000 shall be available to support costs of 

20 transition to the National Center for Critical Information 

21 Processing and Storage: Provided, That $200,000,000 of 

22 the total amount appropriated under this heading shall 

23 not be available for obligation until the Committee on Ap24 propriations of the Senate receives the report on data cen25 ter transition: Provided further, That the Chief Informa-
5 

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1 tion Officer shall submit to the Committees on Appropria2 tions of the Senate and the House of Representatives, not 

3 more than 60 days after the date of enactment of this 

4 Act, an expenditure plan for all information technology ac5 quisition projects that: (1) are funded under this heading; 

6 or (2) are funded by multiple components of the Depart7 ment of Homeland Security through reimbursable agree8 ments: Provided further, That such expenditure plan shall 

9 include each specific project funded, key milestones, all 

10 funding sources for each project, details of annual and 

11 lifecycle costs, and projected cost savings or cost avoidance 

12 to be achieved by the project. 

13 ANALYSIS AND OPERATIONS

14 (INCLUDING RESCISSION OF FUNDS)

15 For necessary expenses for information analysis and 

16 operations coordination activities, as authorized by title II 

17 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

18 seq.), $320,200,000, of which not to exceed $5,000 shall 

19 be for official reception and representation expenses; and 

20 of which $220,021,000 shall remain available until Sep21 tember 30, 2010: Provided, That of the amounts made 

22 available under this heading in Public Law 110–161, 

23 $2,500,000 are rescinded. 
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1 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

2 COAST REBUILDING

3 For necessary expenses of the Office of the Federal 

4 Coordinator for Gulf Coast Rebuilding, $2,700,000. 

5 OFFICE OF INSPECTOR GENERAL

6 OPERATING EXPENSES

7 For necessary expenses of the Office of Inspector 

8 General in carrying out the provisions of the Inspector 

9 General Act of 1978 (5 U.S.C. App.), $96,013,000, of 

10 which not to exceed $150,000 may be used for certain con11 fidential operational expenses, including the payment of 

12 informants, to be expended at the direction of the Inspec13 tor General. 

14 TITLE II 

15 SECURITY, ENFORCEMENT, AND 

16 INVESTIGATIONS 

17 U.S. CUSTOMS AND BORDER PROTECTION

18 SALARIES AND EXPENSES

19 (INCLUDING RESCISSION OF FUNDS)

20 For necessary expenses for enforcement of laws relat21 ing to border security, immigration, customs, agricultural 

22 inspections and regulatory activities related to plant and 

23 animal imports, and transportation of unaccompanied 

24 minor aliens; purchase and lease of up to 6,300 (3,300 

25 for replacement only) police-type vehicles; and contracting 

26 with individuals for personal services abroad; 
7 

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1 $7,536,314,000, of which $3,154,000 shall be derived 

2 from the Harbor Maintenance Trust Fund for administra3 tive expenses related to the collection of the Harbor Main4 tenance Fee pursuant to section 9505(c)(3) of the Internal 

5 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not6 withstanding section 1511(e)(1) of the Homeland Security 

7 Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

8 $45,000 shall be for official reception and representation 

9 expenses; of which not less than $271,679,000 shall be 

10 for Air and Marine Operations; of which $4,500,000, shall 

11 be for the 2010 Olympics Coordination Center, of which 

12 not to exceed $2,000,000 shall be available until Sep13 tember 30, 2010; of which such sums as become available 

14 in the Customs User Fee Account, except sums subject 

15 to section 13031(f)(3) of the Consolidated Omnibus Budg16 et Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall 

17 be derived from that account; of which not to exceed 

18 $150,000 shall be available for payment for rental space 

19 in connection with preclearance operations; and of which 

20 not to exceed $1,000,000 shall be for awards of compensa21 tion to informants, to be accounted for solely under the 

22 certificate of the Secretary of Homeland Security: Pro23 vided, That for fiscal year 2009, the overtime limitation 

24 prescribed in section 5(c)(1) of the Act of February 13, 

25 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not-
8 

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1 withstanding any other provision of law, none of the funds 

2 appropriated by this Act may be available to compensate 

3 any employee of U.S. Customs and Border Protection for 

4 overtime, from whatever source, in an amount that ex5 ceeds such limitation, except in individual cases deter6 mined by the Secretary of Homeland Security, or the des7 ignee of the Secretary, to be necessary for national secu8 rity purposes, to prevent excessive costs, or in cases of 

9 immigration emergencies: Provided further, That of the 

10 amounts made available under this heading in Public Law 

11 110–161, $13,000,000 are rescinded. 

12 AUTOMATION MODERNIZATION

13 For expenses for U.S. Customs and Border Protec14 tion automated systems, $511,334,000, to remain avail15 able until expended, of which not less than $316,851,000 

16 shall be for the development of the Automated Commercial 

17 Environment: Provided, That of the total amount made 

18 available under this heading, $216,851,000 may not be ob19 ligated for the Automated Commercial Environment pro20 gram until 30 days after the Committees on Appropria21 tions of the Senate and the House of Representatives re22 ceive a report on the results to date and plans for the 

23 program from the Department of Homeland Security that 

24 includes: 

25 (1) a detailed accounting of the program’s 

26 progress up to the date of the report in meeting 
9 

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1 prior commitments made to the Committees relative 

2 to system capabilities or services, system perform3 ance levels, mission benefits and outcomes, mile4 stones, cost targets, and program management capa5 bilities; 

6 (2) an explicit plan of action defining how all 

7 funds are to be obligated to meet future program 

8 commitments, with the planned expenditure of funds 

9 linked to the milestone-based delivery of specific ca10 pabilities, services, performance levels, mission bene11 fits and outcomes, and program management capa12 bilities; 

13 (3) a listing of all open Government Account14 ability Office and Office of Inspector General rec15 ommendations related to the program, with the sta16 tus of the Department’s efforts to address the rec17 ommendations, including milestones for fully ad18 dressing them; 

19 (4) a certification by the Chief Procurement Of20 ficer of the Department that the program has been 

21 reviewed and approved in accordance with the in22 vestment management process of the Department, 

23 and that the process fulfills all capital planning and 

24 investment control requirements and reviews estab25 lished by the Office of Management and Budget, in-
10 

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1 cluding Circular A–11, part 7, as well as supporting 

2 analyses generated by and used in the Department’s 

3 process; 

4 (5) a certification by the Chief Information Of5 ficer of the Department that an independent valida6 tion and verification agent has and will continue to 

7 actively review the program; 

8 (6) a certification by the Chief Information Of9 ficer of the Department that the system architecture 

10 of the program is sufficiently aligned with the infor11 mation systems enterprise architecture of the De12 partment to minimize future rework, including a de13 scription of all aspects of the architectures that were 

14 and were not assessed in making the alignment de15 termination, the date of the alignment determina16 tion, any known areas of misalignment along with 

17 the associated risks and corrective actions to address 

18 any such areas; 

19 (7) a certification by the Chief Information Of20 ficer of the Department that the program has a risk 

21 management process that regularly and proactively 

22 identifies, evaluates, mitigates, and monitors risks 

23 throughout the system life cycle, and communicates 

24 high-risk conditions to U.S. Customs and Border 

25 Protection and Department of Homeland Security 
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1 investment decision makers, as well as a listing of 

2 the program’s high risks and the status of efforts to 

3 address them; 

4 (8) a certification by the Chief Procurement Of5 ficer of the Department that the plans for the pro6 gram comply with the Federal acquisition rules, re7 quirements, guidelines, and practices, and a descrip8 tion of the actions being taken to address areas of 

9 non-compliance, the risks associated with them along 

10 with any plans for addressing these risks and the 

11 status of their implementation; and 

12 (9) a certification by the Chief Human Capital 

13 Officer of the Department that the human capital 

14 needs of the program are being strategically and 

15 proactively managed, and that current human cap16 ital capabilities are sufficient to execute the plans 

17 discussed in the report. 

18 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

19 TECHNOLOGY

20 For expenses for customs and border protection fenc21 ing, infrastructure, and technology, $775,000,000, to re22 main available until expended: Provided, That the Sec23 retary of Homeland Security shall submit to the Commit24 tees on Appropriations of the Senate and the House of 

25 Representatives a plan for expenditure within 90 days 

26 after the date of enactment of this Act, for a program 
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1 to establish and maintain a security barrier along the bor2 ders of the United States of fencing and vehicle barriers, 

3 where practicable, and other forms of tactical infrastruc4 ture and technology, that includes: 

5 (1) a detailed accounting of the program’s 

6 progress to date relative to system capabilities or 

7 services, system performance levels, mission benefits 

8 and outcomes, milestones, cost targets, program 

9 management capabilities, identification of the max10 imum investment (including lifecycle costs) required 

11 by the Secure Border Initiative network or any suc12 cessor contract, and description of the methodology 

13 used to obtain these cost figures; 

14 (2) a description of how activities will further 

15 the objectives of the Secure Border Initiative, as de16 fined in the Secure Border Initiative multi-year stra17 tegic plan, and how the plan allocates funding to the 

18 highest priority border security needs; 

19 (3) an explicit plan of action defining how all 

20 funds are to be obligated to meet future program 

21 commitments, with the planned expenditure of funds 

22 linked to the milestone-based delivery of specific ca23 pabilities, services, performance levels, mission bene24 fits and outcomes, and program management capa25 bilities; 
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1 (4) a description of how the plan addresses se2 curity needs at the Northern Border and the ports 

3 of entry, including infrastructure, technology, design 

4 and operations requirements; 

5 (5) a report on costs incurred, the activities 

6 completed, and the progress made by U.S. Customs 

7 and Border Protection in terms of obtaining oper8 ational control of the entire border of the United 

9 States; 

10 (6) a listing of all open Government Account11 ability Office and Office of Inspector General rec12 ommendations related to the program and the status 

13 of Department of Homeland Security actions to ad14 dress the recommendations, including milestones to 

15 fully address them; 

16 (7) a certification by the Chief Procurement Of17 ficer of the Department that the program has been 

18 reviewed and approved in accordance with the in19 vestment management process of the Department, 

20 and that the process fulfills all capital planning and 

21 investment control requirements and reviews estab22 lished by the Office of Management and Budget, in23 cluding Circular A–11, part 7; 

24 (8) a certification by the Chief Procurement Of25 ficer of the Department that the plans for the pro-
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1 gram comply with the Federal acquisition rules, re2 quirements, guidelines, and practices, and a descrip3 tion of the actions being taken to address areas of 

4 non-compliance, the risks associated with them along 

5 with any plans for addressing these risks, and the 

6 status of their implementation; 

7 (9) a certification by the Chief Procurement Of8 ficer of the Department of Homeland Security that 

9 procedures to prevent conflicts of interest between 

10 the prime integrator and major subcontractors are 

11 established, a certification by the Chief Information 

12 Officer of the Department of Homeland Security 

13 that an independent verification and validation agent 

14 is currently under contract for the projects funded 

15 under this heading; 

16 (10) a certification by the Chief Information 

17 Officer of the Department that the system architec18 ture of the program is sufficiently aligned with the 

19 information systems enterprise architecture of the 

20 Department to minimize future rework, including a 

21 description of all aspects of the architecture that 

22 were and were not assessed in making the alignment 

23 determination, the date of the alignment determina24 tion, and any known areas of misalignment along 
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1 with the associated risks and corrective actions to 

2 address any such areas; 

3 (11) a certification by the Chief Information 

4 Officer of the Department that the program has a 

5 risk management process that regularly and 

6 proactively identifies, evaluates, mitigates, and mon7 itors risks throughout the system life cycle and com8 municates high-risk conditions to U.S. Customs and 

9 Border Protection and Department of Homeland Se10 curity investment decision makers, as well as a list11 ing of all the program’s high risks and the status of 

12 efforts to address them; 

13 (12) a certification by the Chief Human Capital 

14 Officer of the Department that the human capital 

15 needs of the program are being strategically and 

16 proactively managed, that current human capital ca17 pabilities are sufficient to execute the plans dis18 cussed in the report; and 

19 (13) is reviewed by the Government Account20 ability Office. 

21 AIR AND MARINE INTERDICTION, OPERATIONS, 

22 MAINTENANCE, AND PROCUREMENT

23 For necessary expenses for the operations, mainte24 nance, and procurement of marine vessels, aircraft, un25 manned aircraft systems, and other related equipment of 

26 the air and marine program, including operational train-
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1 ing and mission-related travel, and rental payments for 

2 facilities occupied by the air or marine interdiction and 

3 demand reduction programs, the operations of which in4 clude the following: the interdiction of narcotics and other 

5 goods; the provision of support to Federal, State, and local 

6 agencies in the enforcement or administration of laws en7 forced by the Department of Homeland Security; and at 

8 the discretion of the Secretary of Homeland Security, the 

9 provision of assistance to Federal, State, and local agen10 cies in other law enforcement and emergency humani11 tarian efforts, $528,000,000, to remain available until ex12 pended: Provided, That no aircraft or other related equip13 ment, with the exception of aircraft that are one of a kind 

14 and have been identified as excess to U.S. Customs and 

15 Border Protection requirements and aircraft that have 

16 been damaged beyond repair, shall be transferred to any 

17 other Federal agency, department, or office outside of the 

18 Department of Homeland Security during fiscal year 2009 

19 without the prior approval of the Committees on Appro20 priations of the Senate and the House of Representatives. 

21 CONSTRUCTION

22 For necessary expenses to plan, construct, renovate, 

23 equip, and maintain buildings and facilities necessary for 

24 the administration and enforcement of the laws relating 

25 to customs and immigration, $403,201,000, to remain 

26 available until expended; of which $39,700,000 shall be 
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1 for the Advanced Training Center: Provided, That for fis2 cal year 2010 and thereafter, the annual budget submis3 sion of U.S. Customs and Border Protection for ‘‘Con4 struction’’ shall, in consultation with the General Services 

5 Administration, include a detailed 5-year plan for Federal 

6 land border port of entry projects with a yearly update 

7 of total projected future funding needs. 

8 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

9 SALARIES AND EXPENSES

10 For necessary expenses for enforcement of immigra11 tion and customs laws, detention and removals, and inves12 tigations; and purchase and lease of up to 3,790 (2,350 

13 for replacement only) police-type vehicles; $4,932,210,000, 

14 of which not to exceed $7,500,000 shall be available until 

15 expended for conducting special operations under section 

16 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 

17 2081); of which not to exceed $15,000 shall be for official 

18 reception and representation expenses; of which not to ex19 ceed $1,000,000 shall be for awards of compensation to 

20 informants, to be accounted for solely under the certificate 

21 of the Secretary of Homeland Security; of which not less 

22 than $305,000 shall be for promotion of public awareness 

23 of the child pornography tipline and anti-child exploitation 

24 activities; of which not less than $5,400,000 shall be used 

25 to facilitate agreements consistent with section 287(g) of 
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1 the Immigration and Nationality Act (8 U.S.C. 1357(g)); 

2 and of which not to exceed $11,216,000 shall be available 

3 to fund or reimburse other Federal agencies for the costs 

4 associated with the care, maintenance, and repatriation of 

5 smuggled illegal aliens: Provided, That none of the funds 

6 made available under this heading shall be available to 

7 compensate any employee for overtime in an annual 

8 amount in excess of $35,000, except that the Secretary 

9 of Homeland Security, or the designee of the Secretary, 

10 may waive that amount as necessary for national security 

11 purposes and in cases of immigration emergencies: Pro12 vided further, That of the total amount provided, 

13 $15,770,000 shall be for activities to enforce laws against 

14 forced child labor in fiscal year 2009, of which not to ex15 ceed $6,000,000 shall remain available until expended: 

16 Provided further, That of the total amount provided, not 

17 less than $2,478,004,000 is for detention and removal op18 erations, including transportation of unaccompanied 

19 minor aliens: Provided further, That of the total amount 

20 provided, $160,000,000 shall remain available until Sep21 tember 30, 2010, to improve and modernize efforts to 

22 identify aliens convicted of a crime, sentenced to imprison23 ment, and who may be deportable, and remove them from 

24 the United States once they are judged deportable: Pro25 vided further, That of the total amount provided, 
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1 $6,800,000 shall remain available until September 30, 

2 2010, for the Visa Security Program. 

3 FEDERAL PROTECTIVE SERVICE

4 The revenues and collections of security fees credited 

5 to this account shall be available until expended for nec6 essary expenses related to the protection of federally7 owned and leased buildings and for the operations of the 

8 Federal Protective Service: Provided, That the Secretary 

9 of Homeland Security and the Director of the Office of 

10 Management and Budget shall certify in writing to the 

11 Committees on Appropriations of the Senate and the 

12 House of Representatives no later than December 31, 

13 2008, that the operations of the Federal Protective Service 

14 will be fully funded in fiscal year 2009 through revenues 

15 and collection of security fees, and shall adjust the fees 

16 to ensure fee collections are sufficient to ensure that the 

17 Federal Protective Service maintains not fewer than 1,200 

18 full-time equivalent staff and 900 full-time equivalent Po19 lice Officers, Inspectors, Area Commanders, and Special 

20 Agents who, while working, are directly engaged on a daily 

21 basis protecting and enforcing laws at Federal buildings 

22 (referred to as ‘‘in-service field staff’’). 

23 AUTOMATION MODERNIZATION

24 For expenses of immigration and customs enforce25 ment automated systems, $57,000,000, to remain avail26 able until expended: Provided, That of the funds made 
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1 available under this heading, $5,000,000 shall not be obli2 gated until the Committees on Appropriations of the Sen3 ate and the House of Representatives receive a plan for 

4 expenditure prepared by the Secretary of Homeland Secu5 rity. 

6 TRANSPORTATION SECURITY ADMINISTRATION

7 AVIATION SECURITY

8 (INCLUDING RESCISSION OF FUNDS)

9 For necessary expenses of the Transportation Secu10 rity Administration related to providing civil aviation secu11 rity services pursuant to the Aviation and Transportation 

12 Security Act (Public Law 107–71; 115 Stat. 597; 49 

13 U.S.C. 40101 note), $4,671,518,000, to remain available 

14 until September 30, 2010, of which not to exceed $10,000 

15 shall be for official reception and representation expenses: 

16 Provided, That of the total amount made available under 

17 this heading, not to exceed $3,861,710,000 shall be for 

18 screening operations, of which $621,106,000 shall be 

19 available for explosives detection systems; and not to ex20 ceed $809,808,000 shall be for aviation security direction 

21 and enforcement: Provided further, That of the amount 

22 made available in the preceding proviso for explosives de23 tection systems, $294,000,000 shall be available for the 

24 purchase and installation of these systems, of which not 

25 less than $84,500,000 shall be available for the purchase 

26 and installation of certified explosives detection systems 
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1 at medium- and small-sized airports: Provided further, 

2 That security service fees authorized under section 44940 

3 of title 49, United States Code, shall be credited to this 

4 appropriation as offsetting collections and shall be avail5 able only for aviation security: Provided further, That any 

6 funds collected and made available from aviation security 

7 fees pursuant to section 44940(i) of title 49, United States 

8 Code, may, notwithstanding paragraph (4) of such section 

9 44940(i), be expended for the purpose of improving 

10 screening at airport screening checkpoints, which may in11 clude the purchase and utilization of emerging technology 

12 equipment; the refurbishment and replacement of current 

13 equipment; the installation of surveillance systems to mon14 itor checkpoint activities; the modification of checkpoint 

15 infrastructure to support checkpoint reconfigurations; and 

16 the creation of additional checkpoints to screen aviation 

17 passengers and airport personnel: Provided further, That 

18 the sum appropriated under this heading from the general 

19 fund shall be reduced on a dollar-for-dollar basis as such 

20 offsetting collections are received during fiscal year 2009, 

21 so as to result in a final fiscal year appropriation from 

22 the general fund estimated at not more than 

23 $2,351,518,000: Provided further, That any security serv24 ice fees collected in excess of the amount made available 

25 under this heading shall become available during fiscal 
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1 year 2010: Provided further, That Members of the United 

2 States House of Representatives and United States Sen3 ate, including the leadership; and the heads of Federal 

4 agencies and commissions, including the Secretary, Under 

5 Secretaries, and Assistant Secretaries of the Department 

6 of Homeland Security; the United States Attorney General 

7 and Assistant Attorneys General and the United States 

8 attorneys; and senior members of the Executive Office of 

9 the President, including the Director of the Office of Man10 agement and Budget; shall not be exempt from Federal 

11 passenger and baggage screening: Provided further, That 

12 of amounts made available under this heading in Public 

13 Law 110–161 for employee screening pilots, $7,300,000 

14 are rescinded. 

15 SURFACE TRANSPORTATION SECURITY

16 For necessary expenses of the Transportation Secu17 rity Administration related to providing surface transpor18 tation security activities, $63,506,000, to remain available 

19 until September 30, 2010. 

20 TRANSPORTATION THREAT ASSESSMENT AND

21 CREDENTIALING

22 For necessary expenses for the development and im23 plementation of screening programs of the Office of 

24 Transportation Threat Assessment and Credentialing, 

25 $119,618,000, to remain available until September 30, 

26 2010: Provided, That if the Assistant Secretary of Home-
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1 land Security (Transportation Security Administration) 

2 determines that the Secure Flight program does not need 

3 to check airline passenger names against the full terrorist 

4 watch list, then the Assistant Secretary shall certify to the 

5 Committees on Appropriations of the Senate and the 

6 House of Representatives that no significant security risks 

7 are raised by screening airline passenger names only 

8 against a subset of the full terrorist watch list. 

9 TRANSPORTATION SECURITY SUPPORT

10 For necessary expenses of the Transportation Secu11 rity Administration related to providing transportation se12 curity support and intelligence pursuant to the Aviation 

13 and Transportation Security Act (Public Law 107–71; 

14 115 Stat. 597; 49 U.S.C. 40101 note), $950,235,000, to 

15 remain available until September 30, 2010: Provided, 

16 That of the funds appropriated under this heading, 

17 $30,000,000 may not be obligated for headquarters ad18 ministration until the Secretary of Homeland Security 

19 submits to the Committees on Appropriations of the Sen20 ate and the House of Representatives detailed expenditure 

21 plans for checkpoint support and explosives detection sys22 tems refurbishment, procurement, and installations on an 

23 airport-by-airport basis for fiscal year 2009: Provided fur24 ther, That these plans shall include: specific technologies 

25 planned for purchase; project timelines; a schedule for ob26 ligation; and a table detailing actual unobligated balances 
24 

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1 versus anticipated unobligated balances at the close of the 

2 fiscal year: Provided further, That these plans shall be sub3 mitted no later than 60 days after the date of enactment 

4 of this Act and updated quarterly. 

5 FEDERAL AIR MARSHALS

6 For necessary expenses of the Federal Air Marshals, 

7 $799,100,000. 

8 COAST GUARD

9 OPERATING EXPENSES

10 For necessary expenses for the operation and mainte11 nance of the Coast Guard, not otherwise provided for; pur12 chase or lease of not to exceed 25 passenger motor vehi13 cles, which shall be for replacement only; for purchase or 

14 lease of small boats for contingent and emergent require15 ments (at a unit cost of no more than $750,000) and for 

16 repairs and service-life replacements, not to exceed a total 

17 of $26,000,000; minor shore construction projects not ex18 ceeding $1,000,000 in total cost at any location; payments 

19 pursuant to section 156 of Public Law 97–377 (42 U.S.C. 

20 402 note; 96 Stat. 1920); and recreation and welfare; 

21 $6,280,497,000, of which $340,000,000 shall be for de22 fense-related activities; of which $24,500,000 shall be de23 rived from the Oil Spill Liability Trust Fund to carry out 

24 the purposes of section 1012(a)(5) of the Oil Pollution Act 

25 of 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed 

26 $20,000 shall be for official reception and representation 
25 

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1 expenses; and of which $3,600,000 shall be available for 

2 the cost of repairing, rehabilitating, altering, modifying, 

3 and making improvements, including customized tenant 

4 improvements, to any replacement or expanded Operations 

5 Systems Center facility: Provided, That none of the funds 

6 made available by this Act shall be for expenses incurred 

7 for recreational vessels under section 12114 of title 46, 

8 United States Code, except to the extent fees are collected 

9 from yacht owners and credited to this appropriation: Pro10 vided further, That notwithstanding any other provision of 

11 law, $4,000,000 of the amounts made available under this 

12 heading may be available to maintain the USCGC POLAR 

13 STAR in caretaker status: Provided further, That of the 

14 total amount appropriated under this heading, $7,600,000 

15 may be available to operate the USCGC ACUSHNET 

16 through fiscal year 2009. 

17 ENVIRONMENTAL COMPLIANCE AND RESTORATION

18 For necessary expenses to carry out the environ19 mental compliance and restoration functions of the Coast 

20 Guard under chapter 19 of title 14, United States Code, 

21 $12,315,000, to remain available until expended. 

22 RESERVE TRAINING

23 For necessary expenses of the Coast Guard Reserve, 

24 as authorized by law; operations and maintenance of the 

25 reserve program; personnel and training costs; and equip26 ment and services; $130,501,000. 
26 

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1 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of acquisition, construction, 

3 renovation, and improvement of aids to navigation, shore 

4 facilities, vessels, and aircraft, including equipment related 

5 thereto; and maintenance, rehabilitation, lease and oper6 ation of facilities and equipment, as authorized by law; 

7 $1,266,818,000, of which $20,000,000 shall be derived 

8 from the Oil Spill Liability Trust Fund to carry out the 

9 purposes of section 1012(a)(5) of the Oil Pollution Act 

10 of 1990 (33 U.S.C. 2712(a)(5)); of which $113,000,000 

11 shall be available until September 30, 2013, to acquire, 

12 repair, renovate, or improve vessels, small boats, and re13 lated equipment; of which $89,174,000 shall be available 

14 until September 30, 2011, for other equipment; of which 

15 $50,000,000 shall be available until September 30, 2011, 

16 for shore facilities and aids to navigation facilities; of 

17 which $500,000 shall be available for personnel related 

18 costs; and of which $1,014,144,000 shall be available until 

19 September 30, 2013, for the Integrated Deepwater Sys20 tems program: Provided, That of the funds made available 

21 for the Integrated Deepwater Systems program, 

22 $255,000,000 is for aircraft and $540,703,000 is for sur23 face ships: Provided further, That the Commandant shall 

24 submit a plan for expenditure to the Committees on Ap25 propriations of the Senate and House of Representatives 
27 

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1 within 60 days after the date of enactment of this Act 

2 for funds made available for the Integrated Deepwater 

3 Program, that— 

4 (1) defines activities, milestones, yearly costs, 

5 and lifecycle costs for each procurement of a major 

6 asset, including an independent cost estimate for 

7 each; 

8 (2) identifies lifecycle staffing and training 

9 needs of Coast Guard project managers and of pro10 curement and contract staff; 

11 (3) identifies competition to be conducted in 

12 each procurement; 

13 (4) describes procurement plans that do not 

14 rely on a single industry entity or contract; 

15 (5) includes a certification by the Chief Human 

16 Capital Officer of the Department that current 

17 human capital capabilities are sufficient to execute 

18 the plans discussed in the report; 

19 (6) contains very limited indefinite delivery/in20 definite quantity contracts and explains the need for 

21 any indefinite delivery/indefinite quantity contracts; 

22 (7) identifies individual project balances by fis23 cal year, including planned carryover into fiscal year 

24 2010 by project; 
28 

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1 (8) identifies operational gaps by asset and ex2 plains how funds provided in this Act address the 

3 shortfalls between current operational capabilities 

4 and requirements; 

5 (9) includes a listing of all open Government 

6 Accountability Office and Office of Inspector Gen7 eral recommendations related to the program and 

8 the status of Coast Guard actions to address the 

9 recommendations, including milestones for fully ad10 dressing them; 

11 (10) includes a certification by the Chief Pro12 curement Officer of the Department that the pro13 gram has been reviewed and approved in accordance 

14 with the investment management process of the De15 partment, and that the process fulfills all capital 

16 planning and investment control requirements and 

17 reviews established by the Office of Management and 

18 Budget, including Circular A–11, part 7; 

19 (11) identifies use of the Defense Contract Au20 diting Agency; 

21 (12) includes a certification by the head of con22 tracting activity for the Coast Guard and the Chief 

23 Procurement Officer of the Department that the 

24 plans for the program comply with the Federal ac25 quisition rules, requirements, guidelines, and prac-
29 

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1 tices, and a description of the actions being taken to 

2 address areas of non-compliance, the risks associated 

3 with them along with plans for addressing these 

4 risks, and the status of their implementation; 

5 (13) identifies the use of independent validation 

6 and verification; and 

7 (14) is reviewed by the Government Account8 ability Office: 

9 Provided further, That the Secretary of Homeland Secu10 rity shall submit to the Committees on Appropriations of 

11 the Senate and the House of Representatives, in conjunc12 tion with the President’s fiscal year 2010 budget, a review 

13 of the Revised Deepwater Implementation Plan that iden14 tifies any changes to the plan for the fiscal year; an annual 

15 performance comparison of Deepwater assets to pre-Deep16 water legacy assets; a status report of legacy assets; a de17 tailed explanation of how the costs of legacy assets are 

18 being accounted for within the Deepwater program; and 

19 the earned value management system gold card data for 

20 each Deepwater asset: Provided further, That the Sec21 retary shall submit to the Committees on Appropriations 

22 of the Senate and the House of Representatives a com23 prehensive review of the Revised Deepwater Implementa24 tion Plan every 5 years, beginning in fiscal year 2011, that 

25 includes a complete projection of the acquisition costs and 
30 

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1 schedule for the duration of the plan through fiscal year 

2 2027: Provided further, That the Secretary shall annually 

3 submit to the Committees on Appropriations of the Senate 

4 and the House of Representatives, at the time that the 

5 President’s budget is submitted under section 1105(a) of 

6 title 31, United States Code, a future-years capital invest7 ment plan for the Coast Guard that identifies for each 

8 capital budget line item— 

9 (1) the proposed appropriation included in that 

10 budget; 

11 (2) the total estimated cost of completion; 

12 (3) projected funding levels for each fiscal year 

13 for the next 5 fiscal years or until project comple14 tion, whichever is earlier; 

15 (4) an estimated completion date at the pro16 jected funding levels; and 

17 (5) changes, if any, in the total estimated cost 

18 of completion or estimated completion date from 

19 previous future-years capital investment plans sub20 mitted to the Committees on Appropriations of the 

21 Senate and the House of Representatives: 

22 Provided further, That the Secretary shall ensure that 

23 amounts specified in the future-years capital investment 

24 plan are consistent to the maximum extent practicable 

25 with proposed appropriations necessary to support the 
31 

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1 programs, projects, and activities of the Coast Guard in 

2 the President’s budget as submitted under section 1105(a) 

3 of title 31, United States Code, for that fiscal year: Pro4 vided further, That any inconsistencies between the capital 

5 investment plan and proposed appropriations shall be 

6 identified and justified. 

7 ALTERATION OF BRIDGES

8 For necessary expenses for alteration or removal of 

9 obstructive bridges, as authorized by section 6 of the Tru10 man-Hobbs Act (33 U.S.C. 516), $16,000,000, to remain 

11 available until expended: Provided, That of the amounts 

12 made available under this heading, $2,125,000 shall be 

13 for the Burlington Northern Railroad Bridge in Bur14 lington, Iowa; $2,125,000 shall be for the Canadian Pa15 cific Railway Bridge in LaCrosse, Wisconsin; $2,125,000 

16 shall be for the Chelsea Street Bridge in Chelsea, Massa17 chusetts; $2,125,000 shall be for the Elgin, Joliet, and 

18 Eastern Railway Company Bridge in Morris, Illinois; 

19 $3,750,000 shall be for the Fourteen Mile Bridge in Mo20 bile, Alabama; and $3,750,000 shall be for the Galveston 

21 Causeway Bridge in Galveston, Texas. 

22 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

23 For necessary expenses for applied scientific re24 search, development, test, and evaluation; and for mainte25 nance, rehabilitation, lease, and operation of facilities and 

26 equipment; as authorized by law; $16,000,000, to remain 
32 

S 3181 PCS 

1 available until expended, of which $500,000 shall be de2 rived from the Oil Spill Liability Trust Fund to carry out 

3 the purposes of section 1012(a)(5) of the Oil Pollution Act 

4 of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 

5 be credited to and used for the purposes of this appropria6 tion funds received from State and local governments, 

7 other public authorities, private sources, and foreign coun8 tries for expenses incurred for research, development, test9 ing, and evaluation. 

10 RETIRED PAY

11 For retired pay, including the payment of obligations 

12 otherwise chargeable to lapsed appropriations for this pur13 pose, payments under the Retired Serviceman’s Family 

14 Protection and Survivor Benefits Plans, payment for ca15 reer status bonuses, concurrent receipts and combat-re16 lated special compensation under the National Defense 

17 Authorization Act, and payments for medical care of re18 tired personnel and their dependents under chapter 55 of 

19 title 10, United States Code, $1,236,745,000, to remain 

20 available until expended. 

21 UNITED STATES SECRET SERVICE

22 SALARIES AND EXPENSES

23 For necessary expenses of the United States Secret 

24 Service, including purchase of not to exceed 675 vehicles 

25 for police-type use, of which 645 shall be for replacement 

26 only, and hire of passenger motor vehicles; purchase of 
33 

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1 motorcycles made in the United States; hire of aircraft; 

2 services of expert witnesses at such rates as may be deter3 mined by the Director of the Secret Service; rental of 

4 buildings in the District of Columbia, and fencing, light5 ing, guard booths, and other facilities on private or other 

6 property not in Government ownership or control, as may 

7 be necessary to perform protective functions; payment of 

8 per diem or subsistence allowances to employees where a 

9 protective assignment during the actual day or days of the 

10 visit of a protectee requires an employee to work 16 hours 

11 per day or to remain overnight at a post of duty; conduct 

12 of and participation in firearms matches; presentation of 

13 awards; travel of United States Secret Service employees 

14 on protective missions without regard to the limitations 

15 on such expenditures in this or any other Act if approval 

16 is obtained in advance from the Committees on Appropria17 tions of the Senate and the House of Representatives; re18 search and development; grants to conduct behavioral re19 search in support of protective research and operations; 

20 and payment in advance for commercial accommodations 

21 as may be necessary to perform protective functions; 

22 $1,414,279,000; of which not to exceed $25,000 shall be 

23 for official reception and representation expenses; of which 

24 not to exceed $100,000 shall be to provide technical assist25 ance and equipment to foreign law enforcement organiza-
34 

S 3181 PCS 

1 tions in counterfeit investigations; of which $2,366,000 

2 shall be for forensic and related support of investigations 

3 of missing and exploited children; and of which 

4 $6,000,000 shall be for a grant for activities related to 

5 the investigations of missing and exploited children and 

6 shall remain available until expended: Provided, That up 

7 to $18,000,000 provided for protective travel shall remain 

8 available until September 30, 2010: Provided further, That 

9 up to $1,000,000 for National Special Security Events 

10 shall remain available until expended: Provided further, 

11 That the United States Secret Service is authorized to ob12 ligate funds in anticipation of reimbursements from Fed13 eral agencies and entities, as defined in section 105 of title 

14 5, United States Code, receiving training sponsored by the 

15 James J. Rowley Training Center, except that total obliga16 tions at the end of the fiscal year shall not exceed total 

17 budgetary resources available under this heading at the 

18 end of the fiscal year: Provided further, That none of the 

19 funds made available under this heading shall be available 

20 to compensate any employee for overtime in an annual 

21 amount in excess of $35,000, except that the Secretary 

22 of Homeland Security, or the designee of the Secretary, 

23 may waive that amount as necessary for national security 

24 purposes: Provided further, That the limitation in the pre25 ceding proviso shall not take effect until the Director of 
35 

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1 the Office of Management and Budget submits to the 

2 Committees on Appropriations of the Senate and the 

3 House of Representatives a report certifying that such a 

4 limitation on compensation will not have a significant ef5 fect on operations of the United States Secret Service. 

6 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

7 RELATED EXPENSES

8 For necessary expenses for acquisition, construction, 

9 repair, alteration, and improvement of facilities, 

10 $3,725,000, to remain available until expended. 

11 TITLE III 

12 PROTECTION, PREPAREDNESS, RESPONSE, AND 

13 RECOVERY 

14 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

15 MANAGEMENT AND ADMINISTRATION

16 For salaries and expenses of the Office of the Under 

17 Secretary for the National Protection and Programs Di18 rectorate, support for operations, information technology, 

19 and the Office of Risk Management and Analysis, 

20 $52,600,000: Provided, That not to exceed $5,000 shall 

21 be for official reception and representation expenses. 

22 INFRASTRUCTURE PROTECTION AND INFORMATION

23 SECURITY

24 For necessary expenses for infrastructure protection 

25 and information security programs and activities, as au26 thorized by title II of the Homeland Security Act of 2002 
36 

S 3181 PCS 

1 (6 U.S.C. 121 et seq.), $808,004,000, of which 

2 $720,151,000 shall remain available until September 30, 

3 2010: Provided, That of the total amount provided, 

4 $20,000,000 is for necessary expenses of the National In5 frastructure Simulation and Analysis Center. 

6 UNITED STATES VISITOR AND IMMIGRANT STATUS

7 INDICATOR TECHNOLOGY

8 For necessary expenses for the development of the 

9 United States Visitor and Immigrant Status Indicator 

10 Technology project, as authorized by section 110 of the 

11 Illegal Immigration Reform and Immigrant Responsibility 

12 Act of 1996 (8 U.S.C. 1365a), $180,300,000, to remain 

13 available until expended. 

14 OFFICE OF HEALTH AFFAIRS

15 For the necessary expenses of the Office of Health 

16 Affairs, $171,339,000; of which $39,210,000 is for sala17 ries and expenses; and of which $111,606,000 is for bio18 surveillance, BioWatch, medical readiness planning, chem19 ical response related activities for the Department of 

20 Homeland Security and shall remain available until Sep21 tember 30, 2010: Provided, That not to exceed $3,000 

22 shall be for official reception and representation expenses. 

23 FEDERAL EMERGENCY MANAGEMENT AGENCY

24 MANAGEMENT AND ADMINISTRATION

25 For necessary expenses for management and admin26 istration of the Federal Emergency Management Agency, 
37 

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1 $892,507,000, including activities authorized by the Na2 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

3 seq.), the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5121 et seq.), the Earth5 quake Hazards Reduction Act of 1977 (42 U.S.C. 7701 

6 et seq.), the Defense Production Act of 1950 (50 U.S.C. 

7 App. 2061 et seq.), sections 107 and 303 of the National 

8 Security Act of 1947 (50 U.S.C. 404, 405), Reorganiza9 tion Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland 

10 Security Act of 2002 (6 U.S.C. 101 et seq.), the Post11 Katrina Emergency Management Reform Act of 2006 

12 (Public Law 109–295; 120 Stat. 1394), and the Imple13 menting Recommendations of the 9/11 Commission Act of 

14 2007: Provided, That not to exceed $3,000 shall be for 

15 official reception and representation expenses: Provided 

16 further, That the President’s budget submitted under sec17 tion 1105(a) of title 31, United States Code, shall be de18 tailed by office for the Federal Emergency Management 

19 Agency: Provided further, That $10,000,000 shall not be 

20 available for obligation until the Secretary of Homeland 

21 Security, in coordination with the Administrator of the 

22 Federal Emergency Management Agency, certifies and re23 ports to the Committees on Appropriations that processes 

24 to incorporate stakeholder input for grant guidance devel25 opment and award distribution have been: (1) developed 
38 

S 3181 PCS 

1 to ensure transparency and increased information gath2 ering about security needs for all-hazards; (2) formalized 

3 and made clear to stakeholders; and (3) formalized to en4 sure future use for each fiscal year: Provided further, That 

5 of the total amount made available under this heading, 

6 up to $3,200,000 shall be available for the Reserve Work7 force Credentialing and Recruitment Plan: Provided fur8 ther, That of the total amount made available under this 

9 heading, $32,500,000 shall be for the Urban Search and 

10 Rescue Response System, of which not to exceed 

11 $1,600,000 may be made available for administrative 

12 costs; and $6,342,000 shall be for the Office of National 

13 Capital Region Coordination: Provided further, That for 

14 purposes of planning, coordination, execution, and deci15 sion-making related to mass evacuation during a disaster, 

16 the Governors of the State of West Virginia and the Com17 monwealth of Pennsylvania, or their designees, shall be in18 corporated into efforts to integrate the activities of Fed19 eral, State, and local governments in the National Capital 

20 Region, as defined in section 882 of Public Law 107–296, 

21 the Homeland Security Act of 2002. 

22 STATE AND LOCAL PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For grants, contracts, cooperative agreements, and 

25 other activities, $3,029,400,000 shall be allocated as fol26 lows: 
39 

S 3181 PCS 

1 (1) $890,000,000 shall be for the State Home2 land Security Grant Program under section 2004 of 

3 the Homeland Security Act of 2002 (6 U.S.C. 605); 

4 of which $50,000,000, to be allocated at the discre5 tion of the Secretary of Homeland Security, shall be 

6 for grants under section 204 of the REAL ID Act 

7 of 2005 (Public Law 109–13; 49 U.S.C. 30301 

8 note). 

9 (2) $825,000,000 shall be for the Urban Area 

10 Security Initiative under section 2003 of the Home11 land Security Act of 2002 (6 U.S.C. 604), of which, 

12 notwithstanding subsection (c)(1) of such section, 

13 $20,000,000 shall be for grants to organizations (as 

14 described under section 501(c)(3) of the Internal 

15 Revenue Code of 1986 and exempt from tax section 

16 501(a) of such code) determined by the Secretary to 

17 be at high-risk of a terrorist attack. 

18 (3) $35,000,000 shall be for Regional Cata19 strophic Preparedness Grants. 

20 (4) $33,000,000 shall be for the Metropolitan 

21 Medical Response System under section 635 of the 

22 Post-Katrina Emergency Management Reform Act 

23 of 2006 (6 U.S.C. 723). 

24 (5) $15,000,000 shall be for the Citizens Corps 

25 Program. 
40 

S 3181 PCS 

1 (6) $400,000,000 shall be for Public Transpor2 tation Security Assistance and Railroad Security As3 sistance under sections 1406 and 1513 of the Imple4 menting Recommendations of the 9/11 Commission 

5 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135 

6 and 1163), of which not less than $25,000,000 shall 

7 be for Amtrak security pursuant to section 1514 of 

8 the Implementing Recommendations of the 9/11 

9 Commission Act of 2007 (Public Law 110–53): Pro10 vided, That there shall be no cost share requirement 

11 for funds made available under this paragraph and 

12 made available for these same purposes in Public 

13 Law 110–161. 

14 (7) $400,000,000 shall be for Port Security 

15 Grants in accordance with 46 U.S.C. 70107. 

16 (8) $12,000,000 shall be for Over-the-Road Bus 

17 Security Assistance under section 1532 of the Imple18 menting Recommendations of the 9/11 Commission 

19 Act of 2007 (Public Law 110–53; 6 U.S.C. 1182). 

20 (9) $8,000,000 shall be for Trucking Industry 

21 Security Grants. 

22 (10) $50,000,000 shall be for Buffer Zone Pro23 tection Program Grants. 

24 (11) $10,000,000 shall be for the Commercial 

25 Equipment Direct Assistance Program. 
41 

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1 (12) $50,000,000 shall be for the Interoperable 

2 Emergency Communications Grant Program under 

3 section 1809 of the Homeland Security Act of 2002 

4 (6 U.S.C. 579). 

5 (13) $10,000,000 shall be for grants for con6 struction of Emergency Operations Centers under 

7 section 614 of the Robert T. Stafford Disaster Relief 

8 and Emergency Assistance Act (42 U.S.C. 5196c). 

9 (14) $291,400,000 shall be for training, exer10 cises, technical assistance, and other programs, of 

11 which— 

12 (A) $160,500,000 is for purposes of train13 ing in accordance with section 1204 of the Im14 plementing Recommendations of the 9/11 Com15 mission Act of 2007 (6 U.S.C. 1102), of which 

16 $62,500,000 shall be for the Center for Domes17 tic Preparedness; $22,000,000 shall be for the 

18 National Energetic Materials Research and 

19 Testing Center, New Mexico Institute of Mining 

20 and Technology; $22,000,000 shall be for the 

21 National Center for Biomedical Research and 

22 Training, Louisiana State University; 

23 $22,000,000 shall be for the National Emer24 gency Response and Rescue Training Center, 

25 Texas A&M University; $22,000,000 shall be 
42 

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1 for the National Exercise, Test, and Training 

2 Center, Nevada Test Site; $5,000,000 shall be 

3 for the Transportation Technology Center, In4 corporated, in Pueblo, Colorado; and 

5 $5,000,000 shall be for the National Disaster 

6 Preparedness Training Center, University of 

7 Hawaii, Honolulu, Hawaii; and 

8 (B) $2,200,000 shall be for the Pacific Re9 gion Homeland Security Center, Honolulu, Ha10 waii; and $1,700,000 for the Center for 

11 Counterterrorism and Cyber Crime, Norwich 

12 University, Northfield, Vermont: 

13 Provided, That not to exceed 3 percent of the amounts 

14 provided under this heading may be transferred to the 

15 Federal Emergency Management Agency ‘‘Management 

16 and Administration’’ account for program administration: 

17 Provided further, That for grants under paragraphs (1) 

18 through (5), the applications for grants shall be made 

19 available to eligible applicants not later than 25 days after 

20 the date of enactment of this Act, that eligible applicants 

21 shall submit applications not later than 90 days after the 

22 grant announcement, and that the Administrator of the 

23 Federal Emergency Management Agency shall act within 

24 90 days after receipt of an application: Provided further, 

25 That for grants under paragraphs (6) through (10), the 
43 

S 3181 PCS 

1 applications for grants shall be made available to eligible 

2 applicants not later than 30 days after the date of enact3 ment of this Act, that eligible applicants shall submit ap4 plications within 45 days after the grant announcement, 

5 and that the Federal Emergency Management Agency 

6 shall act not later than 60 days after receipt of an applica7 tion: Provided further, That for grants under paragraphs 

8 (1) and (2), the installation of communications towers is 

9 not considered construction of a building or other physical 

10 facility: Provided further, That grantees shall provide addi11 tional reports on their use of funds, as determined nec12 essary by the Secretary of Homeland Security: Provided 

13 further, That (a) the Center for Domestic Preparedness 

14 may provide training to emergency response providers 

15 from the Federal Government, foreign governments, or 

16 private entities, if the Center for Domestic Preparedness 

17 is reimbursed for the cost of such training, and any reim18 bursement under this subsection shall be credited to the 

19 account from which the expenditure being reimbursed was 

20 made and shall be available, without fiscal year limitation, 

21 for the purposes for which amounts in the account may 

22 be expended, (b) the head of the Center for Domestic Pre23 paredness shall ensure that any training provided under 

24 (a) does not interfere with the primary mission of the Cen25 ter to train State and local emergency response providers: 
44 

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1 Provided further, That the Government Accountability Of2 fice shall report to the Committees on Appropriations of 

3 the Senate and the House of Representatives regarding 

4 the data, assumptions, and methodology that the Depart5 ment uses to assess risk and allocate Urban Area Security 

6 Initiative and State Homeland Security Grants not later 

7 than 45 days after the date of enactment of this Act: Pro8 vided further, That the report shall include the reliability 

9 and validity of the data used, the basis for the assump10 tions used, how the methodology is applied to determine 

11 the risk scores for individual locations, an analysis of the 

12 usefulness of placing States and cities into tier groups, 

13 and the allocation of grants to eligible locations: Provided 

14 further, That the Department provide the Government Ac15 countability Office with the actual data that the Depart16 ment used for its risk assessment and grant allocation: 

17 Provided further, That the Department provide the Gov18 ernment Accountability Office with access to all data need19 ed for its analysis and report, including specifics on all 

20 changes for the fiscal year 2008 process, including, but 

21 not limited to, all changes in data, assumptions, and 

22 weights used in methodology within 7 days after the date 

23 of enactment of this Act: Provided further, That any sub24 sequent changes made regarding the risk methodology 

25 after the initial information is provided to the Government 
45 

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1 Accountability Office shall be provided within 7 days after 

2 the change is made. 

3 FIREFIGHTER ASSISTANCE GRANTS

4 For necessary expenses for programs authorized by 

5 the Federal Fire Prevention and Control Act of 1974 (15 

6 U.S.C. 2201 et seq.), $750,000,000, of which 

7 $560,000,000 shall be available to carry out section 33 

8 of that Act (15 U.S.C. 2229) and $190,000,000 shall be 

9 available to carry out section 34 of that Act (15 U.S.C. 

10 2229a), to remain available until September 30, 2010: 

11 Provided, That not to exceed 5 percent of the amount 

12 available under this heading shall be available for program 

13 administration. 

14 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

15 For necessary expenses for emergency management 

16 performance grants, as authorized by the National Flood 

17 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob18 ert T. Stafford Disaster Relief and Emergency Assistance 

19 Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 

20 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re21 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

22 $300,000,000: Provided, That total administrative costs 

23 shall not exceed 3 percent of the total amount appro24 priated under this heading. 
46 

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1 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

2 The aggregate charges assessed during fiscal year 

3 2009, as authorized in title III of the Departments of Vet4 erans Affairs and Housing and Urban Development, and 

5 Independent Agencies Appropriations Act, 1999 (42 

6 U.S.C. 5196e), shall not be less than 100 percent of the 

7 amounts anticipated by the Department of Homeland Se8 curity necessary for its radiological emergency prepared9 ness program for the next fiscal year: Provided, That the 

10 methodology for assessment and collection of fees shall be 

11 fair and equitable and shall reflect costs of providing such 

12 services, including administrative costs of collecting such 

13 fees: Provided further, That fees received under this head14 ing shall be deposited in this account as offsetting collec15 tions and will become available for authorized purposes on 

16 October 1, 2009, and remain available until expended. 

17 UNITED STATES FIRE ADMINISTRATION

18 For necessary expenses of the United States Fire Ad19 ministration and for other purposes, as authorized by the 

20 Federal Fire Prevention and Control Act of 1974 (15 

21 U.S.C. 2201 et seq.) and the Homeland Security Act of 

22 2002 (6 U.S.C. 101 et seq.), $43,300,000. 

23 DISASTER RELIEF

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses in carrying out the Robert 

26 T. Stafford Disaster Relief and Emergency Assistance Act 
47 

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1 (42 U.S.C. 5121 et seq.), $1,900,000,000, to remain avail2 able until expended: Provided, That up to $250,000,000 

3 is available for disaster readiness and support costs: Pro4 vided further, That the Federal Emergency Management 

5 Agency shall submit an expenditure plan to the Commit6 tees on Appropriations detailing the use of the funds for 

7 disaster readiness and support within 15 days after enact8 ment of this Act: Provided further, That the Federal 

9 Emergency Management Agency shall provide a monthly 

10 report detailing obligations against the expenditure plan 

11 and a justification for any changes in spending: Provided 

12 further, That up to $43,485,000 and 298 positions may 

13 be transferred to Federal Emergency Management Agency 

14 ‘‘Management and Administration’’: Provided further, 

15 That of the total amount provided, $16,000,000 shall be 

16 transferred to the Department of Homeland Security In17 spector General for audits and investigations related to 

18 disasters, subject to section 503 of this Act. 

19 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

20 For activities under section 319 of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance Act 

22 (42 U.S.C. 5162), $295,000 is for the cost of direct loans: 

23 Provided, That gross obligations for the principal amount 

24 of direct loans shall not exceed $25,000,000: Provided fur25 ther, That the cost of modifying such loans shall be as 
48 

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1 defined in section 502 of the Congressional Budget Act 

2 of 1974 (2 U.S.C. 661a). 

3 FLOOD MAP MODERNIZATION FUND

4 For necessary expenses under section 1360 of the 

5 National Flood Insurance Act of 1968 (42 U.S.C. 4101), 

6 $185,000,000, and such additional sums as may be pro7 vided by State and local governments or other political 

8 subdivisions for cost-shared mapping activities under sec9 tion 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to re10 main available until expended: Provided, That total admin11 istrative costs shall not exceed 3 percent of the total 

12 amount appropriated under this heading. 

13 NATIONAL FLOOD INSURANCE FUND

14 For activities under the National Flood Insurance 

15 Act of 1968 (42 U.S.C. 4001 et seq.), and the Flood Dis16 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

17 $156,599,000, which shall be derived from offsetting col18 lections assessed and collected under section 1308(d) of 

19 the National Flood Insurance Act of 1968 (42 U.S.C. 

20 4015(d)), which is available as follows: (1) not to exceed 

21 $49,418,000 for salaries and expenses associated with 

22 flood mitigation and flood insurance operations; and (2) 

23 no less than $107,181,000 for flood hazard mitigation, 

24 plain management, and flood mapping, which shall remain 

25 available until September 30, 2010: Provided, That any 

26 additional fees collected pursuant to section 1308(d) of the 
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1 National Flood Insurance Act of 1968 (42 U.S.C. 

2 4015(d)) shall be credited as an offsetting collection to 

3 this account, to be available for flood hazard mitigation 

4 expenses, plain management, and flood mapping: Provided 

5 further, That in fiscal year 2009, no funds shall be avail6 able from the National Flood Insurance Fund in excess 

7 of: (1) $85,000,000 for operating expenses; (2) 

8 $869,905,000 for commissions and taxes of agents; (3) 

9 such sums as are necessary for interest on Treasury bor10 rowings; and (4) $125,700,000, which shall remain avail11 able until expended for flood mitigation actions, of which 

12 $80,000,000 is for severe repetitive loss properties under 

13 section 1361A of the National Flood Insurance Act of 

14 1968 (42 U.S.C. 4102a), of which $10,000,000 is for re15 petitive insurance claims properties under section 1323 of 

16 the National Flood Insurance Act of 1968 (42 U.S.C. 

17 4030), and of which $35,700,000 is for flood insured 

18 properties under section 1366 of the National Flood In19 surance Act of 1968 (42 U.S.C. 4104c) notwithstanding 

20 subparagraphs (B) and (C) of subsection (b)(3) and sub21 section (f) of section 1366 of the National Flood Insur22 ance Act of 1968 (42 U.S.C. 4104c) and notwithstanding 

23 subsection (a)(7) of section 1310 of the National Flood 

24 Insurance Act of 1968 (42 U.S.C. 4017): Provided further, 

25 That amounts collected under section 102 of the Flood 
50 

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1 Disaster Protection Act of 1973 and section 1366(i) of 

2 the National Flood Insurance Act of 1968 shall be depos3 ited in the National Flood Insurance Fund to supplement 

4 other amounts specified as available for section 1366 of 

5 the National Flood Insurance Act of 1968, notwith6 standing 42 U.S.C. 4012a(f)(8), 4104c(i), and 

7 4104d(b)(2)-(3): Provided further, That total administra8 tive costs shall not exceed 4 percent of the total appropria9 tion. 

10 NATIONAL PREDISASTER MITIGATION FUND

11 For a predisaster mitigation grant program under the 

12 Robert T. Stafford Disaster Relief and Emergency Assist13 ance Act (42 U.S.C. 5133), $100,000,000, to remain 

14 available until expended: Provided, That grants made for 

15 predisaster mitigation shall be awarded subject to the cri16 teria in section 203(g) of such Act (42 U.S.C. 5133(g)), 

17 and include management costs: Provided further, That the 

18 total administrative costs associated with such grants shall 

19 not exceed 3 percent of the total amount made available 

20 under this heading. 

21 EMERGENCY FOOD AND SHELTER

22 To carry out an emergency food and shelter program 

23 pursuant to title III of the McKinney-Vento Homeless As24 sistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to 

25 remain available until expended: Provided, That total ad-
51 

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1 ministrative costs shall not exceed 3.5 percent of the total 

2 amount made available under this heading. 

3 CERRO GRANDE FIRE CLAIMS

4 (INCLUDING RESCISSION OF FUNDS)

5 Of the funds made available under this heading for 

6 obligation in prior years, $9,000,000 are rescinded. 

7 TITLE IV 

8 RESEARCH AND DEVELOPMENT, TRAINING, 

9 AND SERVICES 

10 UNITED STATES CITIZENSHIP AND IMMIGRATION

11 SERVICES

12 For necessary expenses for citizenship and immigra13 tion services, $150,540,000; of which $100,000,000 is for 

14 the E-Verify program to assist United States employers 

15 with maintaining a legal workforce; and of which 

16 $50,000,000 is to support implementation of the REAL 

17 ID Act to develop an information sharing and verification 

18 capability with States: Provided, That notwithstanding 

19 any other provision of law, funds available to United 

20 States Citizenship and Immigration Services may be used 

21 to acquire, operate, equip, dispose of and replace up to 

22 five vehicles for areas where the Administrator of General 

23 Services does not provide vehicles for lease: Provided fur24 ther, That the Director of United States Citizenship and 

25 Immigration Services may authorize employees who are 
52 

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1 assigned to those areas to use such vehicles between the 

2 employees’ residences and places of employment. 

3 FEDERAL LAW ENFORCEMENT TRAINING CENTER

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Law Enforce6 ment Training Center, including materials and support 

7 costs of Federal law enforcement basic training; purchase 

8 of not to exceed 117 vehicles for police-type use and hire 

9 of passenger motor vehicles; expenses for student athletic 

10 and related activities; the conduct of and participation in 

11 firearms matches and presentation of awards; public 

12 awareness and enhancement of community support of law 

13 enforcement training; room and board for student interns; 

14 a flat monthly reimbursement to employees authorized to 

15 use personal mobile phones for official duties; and services 

16 as authorized by section 3109 of title 5, United States 

17 Code; $237,692,000, of which up to $53,320,000 for ma18 terials and support costs of Federal law enforcement basic 

19 training shall remain available until September 30, 2010; 

20 of which $300,000 shall remain available until expended 

21 for Federal law enforcement agencies participating in 

22 training accreditation, to be distributed as determined by 

23 the Federal Law Enforcement Training Center for the 

24 needs of participating agencies; and of which not to exceed 

25 $12,000 shall be for official reception and representation 
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1 expenses: Provided, That the Center is authorized to obli2 gate funds in anticipation of reimbursements from agen3 cies receiving training sponsored by the Center, except 

4 that total obligations at the end of the fiscal year shall 

5 not exceed total budgetary resources available at the end 

6 of the fiscal year: Provided further, That section 1202(a) 

7 of Public Law 107–206 (42 U.S.C. 3771 note) as amend8 ed by Public Law 109–295 (120 Stat. 1374) is further 

9 amended by striking ‘‘December 31, 2010’’ and inserting 

10 ‘‘December 31, 2011’’: Provided further, That none of the 

11 funds provided under this heading may be used to close 

12 or transfer the functions associated with the Washington, 

13 DC office of the Federal Law Enforcement Training Cen14 ter. 

15 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

16 RELATED EXPENSES

17 For acquisition of necessary additional real property 

18 and facilities, construction, and ongoing maintenance, fa19 cility improvements, and related expenses of the Federal 

20 Law Enforcement Training Center, $86,456,000, to re21 main available until expended: Provided, That the Center 

22 is authorized to accept reimbursement to this appropria23 tion from government agencies requesting the construction 

24 of special use facilities: Provided further, That $3,000,000 

25 is for construction of training and related facilities at 

26 Artesia, New Mexico. 
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1 SCIENCE AND TECHNOLOGY

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Office of the Under 

4 Secretary for Science and Technology and for manage5 ment and administration of programs and activities, as 

6 authorized by title III of the Homeland Security Act of 

7 2002 (6 U.S.C. 181 et seq.), $132,100,000: Provided, 

8 That not to exceed $10,000 shall be for official reception 

9 and representation expenses. 

10 RESEARCH, DEVELOPMENT, ACQUISITION, AND

11 OPERATIONS

12 For necessary expenses for science and technology re13 search, including advanced research projects; development; 

14 test and evaluation; acquisition; and operations; as author15 ized by title III of the Homeland Security Act of 2002 

16 (6 U.S.C. 181 et seq.); $787,277,000, to remain available 

17 until expended: Provided, That not less than $27,000,000 

18 shall be available for the Southeast Region Research Ini19 tiative at the Oak Ridge National Laboratory: Provided 

20 further, That not less than $3,000,000 shall be available 

21 for Distributed Environment for Critical Infrastructure 

22 Decisionmaking Exercises: Provided further, That of the 

23 amount provided, $25,000,000 is for construction ex24 penses of the Pacific Northwest National Laboratory. 
55 

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1 DOMESTIC NUCLEAR DETECTION OFFICE

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Domestic Nuclear 

4 Detection Office as authorized by title XIX of the Home5 land Security Act of 2002, as amended, for management 

6 and administration of programs and activities, 

7 $38,900,000: Provided, That not to exceed $3,000 shall 

8 be for official reception and representation expenses. 

9 RESEARCH, DEVELOPMENT, AND OPERATIONS

10 For necessary expenses for radiological and nuclear 

11 research, development, testing, evaluation, and operations, 

12 $334,200,000, to remain available until expended. 

13 SYSTEMS ACQUISITION

14 For expenses for the Domestic Nuclear Detection Of15 fice acquisition and deployment of radiological detection 

16 systems in accordance with the global nuclear detection 

17 architecture, $168,000,000, to remain available until Sep18 tember 30, 2011: Provided, That none of the funds appro19 priated under this heading shall be obligated for full-scale 

20 procurement of Advanced Spectroscopic Portal monitors 

21 until the Secretary of Homeland Security submits to the 

22 Committees on Appropriations of the Senate and the 

23 House of Representatives a report certifying that a signifi24 cant increase in operational effectiveness will be achieved: 

25 Provided further, That the Secretary shall submit separate 

26 and distinct certifications prior to the procurement of Ad-
56 

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1 vanced Spectroscopic Portal monitors for primary and sec2 ondary deployment that address the unique requirements 

3 for operational effectiveness of each type of deployment: 

4 Provided further, That the Secretary of Homeland Secu5 rity shall consult with the National Academy of Sciences 

6 before making such certification: Provided further, That 

7 none of the funds appropriated under this heading shall 

8 be used for high-risk concurrent development and produc9 tion of mutually dependent software and hardware. 

10 TITLE V 

11 GENERAL PROVISIONS 

12 SEC. 501. No part of any appropriation contained in 

13 this Act shall remain available for obligation beyond the 

14 current fiscal year unless expressly so provided herein. 

15 SEC. 502. Subject to the requirements of section 503 

16 of this Act, the unexpended balances of prior appropria17 tions provided for activities in this Act may be transferred 

18 to appropriation accounts for such activities established 

19 pursuant to this Act: Provided, That balances so trans20 ferred may be merged with funds in the applicable estab21 lished accounts and thereafter may be accounted for as 

22 one fund for the same time period as originally enacted. 

23 SEC. 503. (a) None of the funds provided by this Act, 

24 provided by previous appropriations Acts to the agencies 

25 in or transferred to the Department of Homeland Security 
57 

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1 that remain available for obligation or expenditure in fiscal 

2 year 2009, or provided from any accounts in the Treasury 

3 of the United States derived by the collection of fees avail4 able to the agencies funded by this Act, shall be available 

5 for obligation or expenditure through a reprogramming of 

6 funds that: (1) creates a new program, project, or activity; 

7 (2) eliminates a program, project, office, or activity; (3) 

8 increases funds for any program, project, or activity for 

9 which funds have been denied or restricted by the Con10 gress; (4) proposes to use funds directed for a specific ac11 tivity by either of the Committees on Appropriations of 

12 the Senate or the House of Representatives for a different 

13 purpose; or (5) contracts out any function or activity for 

14 which funding levels were requested for Federal full-time 

15 equivalents in the object classification tables contained in 

16 the fiscal year 2009 Budget Appendix for the Department 

17 of Homeland Security, as modified by the statement of 

18 managers accompanying this Act, unless the Committees 

19 on Appropriations of the Senate and the House of Rep20 resentatives are notified 15 days in advance of such re21 programming of funds. 

22 (b) None of the funds provided by this Act, provided 

23 by previous appropriations Acts to the agencies in or 

24 transferred to the Department of Homeland Security that 

25 remain available for obligation or expenditure in fiscal 
58 

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1 year 2009, or provided from any accounts in the Treasury 

2 of the United States derived by the collection of fees avail3 able to the agencies funded by this Act, shall be available 

4 for obligation or expenditure for programs, projects, or ac5 tivities through a reprogramming of funds in excess of 

6 $5,000,000 or 10 percent, whichever is less, that: (1) aug7 ments existing programs, projects, or activities; (2) re8 duces by 10 percent funding for any existing program, 

9 project, or activity, or numbers of personnel by 10 percent 

10 as approved by the Congress; or (3) results from any gen11 eral savings from a reduction in personnel that would re12 sult in a change in existing programs, projects, or activi13 ties as approved by the Congress; unless the Committees 

14 on Appropriations of the Senate and the House of Rep15 resentatives are notified 15 days in advance of such re16 programming of funds. 

17 (c) Not to exceed 5 percent of any appropriation 

18 made available for the current fiscal year for the Depart19 ment of Homeland Security by this Act or provided by 

20 previous appropriations Acts may be transferred between 

21 such appropriations, but no such appropriations, except 

22 as otherwise specifically provided, shall be increased by 

23 more than 10 percent by such transfers: Provided, That 

24 any transfer under this section shall be treated as a re25 programming of funds under subsection (b) and shall not 
59 

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1 be available for obligation unless the Committees on Ap2 propriations of the Senate and the House of Representa3 tives are notified 15 days in advance of such transfer. 

4 (d) Notwithstanding subsections (a), (b), and (c) of 

5 this section, no notification required by subsections (a), 

6 (b), and (c) shall be submitted after June 30, except in 

7 extraordinary circumstances which imminently threaten 

8 the safety of human life or the protection of property. 

9 SEC. 504. The Department of Homeland Security 

10 Working Capital Fund, established pursuant to section 

11 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

12 continue operations as a permanent working capital fund 

13 for fiscal year 2009: Provided, That none of the funds ap14 propriated or otherwise made available to the Department 

15 of Homeland Security may be used to make payments to 

16 the Working Capital Fund, except for the activities and 

17 amounts allowed in the President’s fiscal year 2009 budg18 et: Provided further, That funds provided to the Working 

19 Capital Fund shall be available for obligation until ex20 pended to carry out the purposes of the Working Capital 

21 Fund: Provided further, That all departmental components 

22 shall be charged only for direct usage of each Working 

23 Capital Fund service: Provided further, That funds pro24 vided to the Working Capital Fund shall be used only for 

25 purposes consistent with the contributing component: Pro-
60 

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1 vided further, That such fund shall be paid in advance or 

2 reimbursed at rates which will return the full cost of each 

3 service: Provided further, That the Working Capital Fund 

4 shall be subject to the requirements of section 503 of this 

5 Act. 

6 SEC. 505. Except as otherwise specifically provided 

7 by law, not to exceed 50 percent of unobligated balances 

8 remaining available at the end of fiscal year 2009 from 

9 appropriations for salaries and expenses for fiscal year 

10 2009 in this Act shall remain available through September 

11 30, 2010, in the account and for the purposes for which 

12 the appropriations were provided: Provided, That prior to 

13 the obligation of such funds, a request shall be submitted 

14 to the Committees on Appropriations of the Senate and 

15 the House of Representatives for approval in accordance 

16 with section 503 of this Act. 

17 SEC. 506. Funds made available by this Act for intel18 ligence activities are deemed to be specifically authorized 

19 by the Congress for purposes of section 504 of the Na20 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

21 year 2009 until the enactment of an Act authorizing intel22 ligence activities for fiscal year 2009. 

23 SEC. 507. The Federal Law Enforcement Training 

24 Accreditation Board shall lead the Federal law enforce25 ment training accreditation process, to include representa-
61 

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1 tives from the Federal law enforcement community and 

2 non-Federal accreditation experts involved in law enforce3 ment training, to continue the implementation of meas4 uring and assessing the quality and effectiveness of Fed5 eral law enforcement training programs, facilities, and in6 structors. 

7 SEC. 508. None of the funds in this Act may be used 

8 to make a grant allocation, discretionary grant award, dis9 cretionary contract award, or to issue a letter of intent 

10 totaling in excess of $1,000,000, or to announce publicly 

11 the intention to make such an award, including a contract 

12 covered by the Federal Acquisition Regulation, unless the 

13 Secretary of Homeland Security notifies the Committees 

14 on Appropriations of the Senate and the House of Rep15 resentatives at least three full business days in advance: 

16 Provided, That no notification shall involve funds that are 

17 not available for obligation: Provided further, That the no18 tification shall include the amount of the award, the fiscal 

19 year in which the funds for the award were appropriated, 

20 and the account from which the funds are being drawn: 

21 Provided further, That the Federal Emergency Manage22 ment Agency shall brief the Committees on Appropriations 

23 of the Senate and the House of Representatives five full 

24 business days in advance of announcing publicly the inten25 tion of making an award of State Homeland Security 
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1 grants; Urban Area Security Initiative grants; or Regional 

2 Catastrophic Preparedness Grants. 

3 SEC. 509. Notwithstanding any other provision of 

4 law, no agency shall purchase, construct, or lease any ad5 ditional facilities, except within or contiguous to existing 

6 locations, to be used for the purpose of conducting Federal 

7 law enforcement training without the advance approval of 

8 the Committees on Appropriations of the Senate and the 

9 House of Representatives, except that the Federal Law 

10 Enforcement Training Center is authorized to obtain the 

11 temporary use of additional facilities by lease, contract, 

12 or other agreement for training which cannot be accommo13 dated in existing Center facilities. 

14 SEC. 510. The Director of the Federal Law Enforce15 ment Training Center shall schedule basic and/or ad16 vanced law enforcement training at all four training facili17 ties under the control of the Federal Law Enforcement 

18 Training Center to ensure that these training centers are 

19 operated at the highest capacity throughout the fiscal 

20 year. 

21 SEC. 511. None of the funds appropriated or other22 wise made available by this Act may be used for expenses 

23 for any construction, repair, alteration, or acquisition 

24 project for which a prospectus, if required under chapter 

25 33 of title 40, United States Code, has not been approved, 
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1 except that necessary funds may be expended for each 

2 project for required expenses for the development of a pro3 posed prospectus. 

4 SEC. 512. None of the funds in this Act may be used 

5 in contravention of the applicable provisions of the Buy 

6 American Act (41 U.S.C. 10a et seq.). 

7 SEC. 513. (a) None of the funds provided by this or 

8 previous appropriations Acts may be obligated for deploy9 ment or implementation, on other than a test basis, of the 

10 Secure Flight program or any other follow-on or successor 

11 passenger prescreening program, until the Secretary of 

12 Homeland Security certifies, and the Government Ac13 countability Office reports, to the Committees on Appro14 priations of the Senate and the House of Representatives, 

15 that all ten of the conditions contained in paragraphs (1) 

16 through (10) of section 522(a) of Public Law 108–334 

17 (118 Stat. 1319) have been successfully met. 

18 (b) The report required by subsection (a) shall be 

19 submitted within 90 days after the Secretary provides the 

20 requisite certification, and periodically thereafter, if nec21 essary, until the Government Accountability Office con22 firms that all ten conditions have been successfully met. 

23 (c) Within 90 days after the date of enactment of 

24 this Act, the Secretary of Homeland Security shall submit 

25 to the Committees on Appropriations of the Senate and 
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1 the House of Representatives a detailed plan that de2 scribes: (1) the dates for achieving key milestones, includ3 ing the date or timeframes that the Secretary will certify 

4 the program under subsection (a); and (2) the method5 ology to be followed to support the Secretary’s certifi6 cation, as required under subsection (a). 

7 (d) During the testing phase permitted by subsection 

8 (a), no information gathered from passengers, foreign or 

9 domestic air carriers, or reservation systems may be used 

10 to screen aviation passengers, or delay or deny boarding 

11 to such passengers, except in instances where passenger 

12 names are matched to a Government watch list. 

13 (e) None of the funds provided in this or previous 

14 appropriations Acts may be utilized to develop or test algo15 rithms assigning risk to passengers whose names are not 

16 on Government watch lists. 

17 (f) None of the funds provided in this or any other 

18 Act may be used for data or a database that is obtained 

19 from or remains under the control of a non-Federal entity: 

20 Provided, That this restriction shall not apply to Pas21 senger Name Record data obtained from air carriers. 

22 SEC. 514. None of the funds made available in this 

23 Act may be used to amend the oath of allegiance required 

24 by section 337 of the Immigration and Nationality Act 

25 (8 U.S.C. 1448). 
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1 SEC. 515. None of the funds appropriated by this Act 

2 may be used to process or approve a competition under 

3 Office of Management and Budget Circular A–76 for serv4 ices provided as of June 1, 2004, by employees (including 

5 employees serving on a temporary or term basis) of United 

6 States Citizenship and Immigration Services of the De7 partment of Homeland Security who are known as of that 

8 date as Immigration Information Officers, Contact Rep9 resentatives, or Investigative Assistants. 

10 SEC. 516. None of the funds appropriated to the 

11 United States Secret Service by this Act or by previous 

12 appropriations Acts may be made available for the protec13 tion of the head of a Federal agency other than the Sec14 retary of Homeland Security: Provided, That the Director 

15 of the United States Secret Service may enter into an 

16 agreement to perform such service on a fully reimbursable 

17 basis. 

18 SEC. 517. (a) The Secretary of Homeland Security 

19 shall research, develop, and procure new technologies to 

20 inspect and screen air cargo carried on passenger aircraft 

21 at the earliest date possible. 

22 (b) Existing checked baggage explosive detection 

23 equipment and screeners shall be utilized to screen air 

24 cargo carried on passenger aircraft to the greatest extent 
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1 practicable at each airport until technologies developed 

2 under subsection (a) are available. 

3 (c) The Assistant Secretary (Transportation Security 

4 Administration) shall work with air carriers and airports 

5 to ensure that the screening of cargo carried on passenger 

6 aircraft, as defined in section 44901(g)(5) of title 49, 

7 United States Code, increases incrementally each quarter. 

8 (d) Not later than 45 days after the end of each quar9 ter, the Assistant Secretary (Transportation Security Ad10 ministration) shall submit to the Committees on Appro11 priations of the Senate and the House of Representatives 

12 a report on air cargo inspection statistics by airport and 

13 air carrier detailing the incremental progress being made 

14 to meet section 44901(g)(2) of title 49, United States 

15 Code. 

16 SEC. 518. None of the funds made available in this 

17 Act may be used by any person other than the Privacy 

18 Officer appointed under section 222 of the Homeland Se19 curity Act of 2002 (6 U.S.C. 142) to alter, direct that 

20 changes be made to, delay, or prohibit the transmission 

21 to Congress of any report prepared under paragraph (6) 

22 of such section. 

23 SEC. 519. No funding made available to the Depart24 ment of Homeland Security in this Act shall be available 

25 to pay the salary of any employee serving as a contracting 
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1 officer’s technical representative, or anyone acting in a 

2 similar capacity, who has not received contracting officer’s 

3 technical representative training. 

4 SEC. 520. Except as provided in section 44945 of title 

5 49, United States Code, funds appropriated or transferred 

6 to Transportation Security Administration ‘‘Aviation Se7 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

8 Support’’ for fiscal years 2004, 2005, 2006, and 2007 

9 that are recovered or deobligated shall be available only 

10 for the procurement or installation of explosives detection 

11 systems, for air cargo, baggage, and checkpoint screening 

12 systems, subject to notification: Provided, That quarterly 

13 reports shall be submitted to the Committees on Appro14 priations of the Senate and the House of Representatives 

15 on any funds that are recovered or deobligated. 

16 SEC. 521. Section 525(d) of the Department of 

17 Homeland Security Appropriations Act, 2007 (Public Law 

18 109–295; 120 Stat. 1382) shall apply to fiscal year 2009. 

19 SEC. 522. Any funds appropriated to United States 

20 Coast Guard, ‘‘Acquisition, Construction, and Improve21 ments’’ for fiscal years 2002, 2003, 2004, 2005, and 2006 

22 for the 110–123 foot patrol boat conversion that are recov23 ered, collected, or otherwise received as the result of nego24 tiation, mediation, or litigation, shall be available until ex-
68 

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1 pended for the Replacement Patrol Boat (FRC-B) pro2 gram. 

3 SEC. 523. None of the funds provided in this Act 

4 shall be available to commence operations of the National 

5 Applications Office or the National Immigration Informa6 tion Sharing Operation until the Secretary certifies that 

7 these programs comply with all existing laws, including all 

8 applicable privacy and civil liberties standards, and that 

9 certification is reviewed by the Government Accountability 

10 Office. 

11 SEC. 524. Within 45 days after the close of each 

12 month, the Chief Financial Officer of the Department of 

13 Homeland Security shall submit to the Committees on Ap14 propriations of the Senate and the House of Representa15 tives a monthly budget and staffing report that includes 

16 total obligations, on-board versus funded full-time equiva17 lent staffing levels, and the number of contract employees 

18 by office. 

19 SEC. 525. Section 532(a) of Public Law 109–295 is 

20 amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 

21 SEC. 526. None of the funds made available by this 

22 Act shall be used in contravention of the Federal buildings 

23 performance and reporting requirements of Executive 

24 Order No. 13123, part 3 of title V of the National Energy 

25 Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub-
69 

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1 title A of title I of the Energy Policy Act of 2005 (includ2 ing the amendments made thereby). 

3 SEC. 527. The functions of the Federal Law Enforce4 ment Training Center instructor staff shall be classified 

5 as inherently governmental for the purpose of the Federal 

6 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

7 note). 

8 SEC. 528. None of the funds made available in this 

9 Act may be used in contravention of section 303 of the 

10 Energy Policy Act of 1992 (42 U.S.C. 13212). 

11 SEC. 529. None of the funds made available by this 

12 Act may be used to take an action that would violate Exec13 utive Order No. 13149 (65 Fed. Reg. 24607; relating to 

14 greening the Government through Federal fleet and trans15 portation efficiency). 

16 SEC. 530. Subsections (a), (b), and (d)(1) of section 

17 6402 of the U.S. Troop Readiness, Veterans’ Care, 

18 Katrina Recovery, and Iraq Accountability Appropriations 

19 Act, 2007 (Public Law 110–28) shall apply to fiscal year 

20 2009. 

21 SEC. 531. (a) None of the funds provided by this or 

22 any other Act may be obligated for the development, test23 ing, deployment, or operation of any portion of a human 

24 resources management system authorized by 5 U.S.C. 

25 9701(a), or by regulations prescribed pursuant to such 
70 

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1 section, for an employee as defined in 5 U.S.C. 

2 7103(a)(2). 

3 (b) The Secretary of Homeland Security shall col4 laborate with employee representatives in the manner pre5 scribed in 5 U.S.C. 9701(e), in the planning, testing, and 

6 development of any portion of a human resources manage7 ment system that is developed, tested, or deployed for per8 sons excluded from the definition of employee as that term 

9 is defined in 5 U.S.C. 7103(a)(2). 

10 SEC. 532. In fiscal year 2009, none of the funds 

11 made available in this or any other Act may be used to 

12 enforce section 4025(1) of Public Law 108–458 unless the 

13 Assistant Secretary (Transportation Security Administra14 tion) reverses the determination of July 19, 2007, that 

15 butane lighters are not a significant threat to civil aviation 

16 security. 

17 SEC. 533. Funds made available in this Act may be 

18 used to alter operations within the Civil Engineering Pro19 gram of the Coast Guard nationwide, including civil engi20 neering units, facilities design and construction centers, 

21 maintenance and logistics commands, and the Coast 

22 Guard Academy, except that none of the funds provided 

23 in this Act may be used to reduce operations within any 

24 Civil Engineering Unit unless specifically authorized by a 
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1 statute enacted after the date of the enactment of this 

2 Act. 

3 SEC. 534. (a) Except as provided in subsection (b), 

4 none of the funds appropriated in this or any other Act 

5 to the Office of the Secretary and Executive Management, 

6 the Office of the Under Secretary for Management and 

7 the Office of the Chief Financial Officer, may be obligated 

8 for a grant or contract funded under such headings by 

9 a means other than full and open competition. 

10 (b) Subsection (a) does not apply to obligation of 

11 funds for a contract awarded— 

12 (1) by a means that is required by a Federal 

13 statute, including obligation for a purchase made 

14 under a mandated preferential program, such as the 

15 AbilityOne Program, that is authorized under the 

16 Javits-Wagner-O’Day Act (41 U.S.C. 46–48c); 

17 (2) under the Small Business Act (15 U.S.C. 

18 631 et seq.); 

19 (3) in an amount less than the simplified acqui20 sition threshold described under section 302A(a) of 

21 the Federal Property and Administrative Services 

22 Act of 1949 (41 U.S.C. 252a(a)); or 

23 (4) by another Federal agency using funds pro24 vided through an interagency agreement. 
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1 (c)(1) Subject to paragraph (2), the Secretary of 

2 Homeland Security may waive the application of this sec3 tion to the award of a contract in the interest of national 

4 security or if failure to do so would pose a substantial risk 

5 to human health or welfare. 

6 (2) Not later than 5 days after the date on which 

7 the Secretary of Homeland Security exercises a waiver 

8 under this subsection, the Secretary shall submit notifica9 tion of that waiver to the Committees on Appropriations 

10 of the Senate and the House of Representatives, including 

11 a description of the applicable contract and an explanation 

12 of why the waiver authority was used. The Secretary may 

13 not delegate the authority to grant such a waiver. 

14 (d) In addition to the requirements established by 

15 this section, the Inspector General for the Department of 

16 Homeland Security shall review departmental contracts 

17 awarded through other than full and open competition to 

18 assess departmental compliance with applicable laws and 

19 regulations: Provided, That the Inspector General shall re20 view selected contracts awarded during the previous fiscal 

21 year through other than full and open competition: Pro22 vided further, That in determining which contracts to re23 view, the Inspector General shall consider the cost and 

24 complexity of the goods and services to be provided under 

25 the contract, the criticality of the contract to fulfilling De-
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1 partment missions, past performance problems on similar 

2 contracts or by the selected vendor, complaints received 

3 about the award process or contractor performance, and 

4 such other factors as the Inspector General deems rel5 evant: Provided further, That the Inspector General shall 

6 report the results of the reviews to the Committees on Ap7 propriations of the Senate and the House of Representa8 tives. 

9 SEC. 535. None of the funds made available in this 

10 Act may be used to destroy or put out to pasture any horse 

11 or other equine belonging to the Federal Government that 

12 has become unfit for service, unless the trainer or handler 

13 is first given the option to take possession of the equine 

14 through an adoption program that has safeguards against 

15 slaughter and inhumane treatment. 

16 SEC. 536. None of the funds provided in this Act 

17 shall be available to carry out section 872 of Public Law 

18 107–296. 

19 SEC. 537. None of the funds provided in this Act 

20 under the heading ‘‘Office of the Chief Information Offi21 cer’’ shall be used for data center development other than 

22 for the National Center for Critical Information Proc23 essing and Storage until the Chief Information Officer cer24 tifies that the National Center for Critical Information 

25 Processing and Storage is fully utilized as the Depart-
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1 ment’s primary data storage center at the highest capacity 

2 throughout the fiscal year. 

3 SEC. 538. None of the funds in this Act shall be used 

4 to reduce the United States Coast Guard’s Operations 

5 Systems Center mission or its government-employed or 

6 contract staff levels. 

7 SEC. 539. None of the funds appropriated by this Act 

8 may be used to conduct, or to implement the results of, 

9 a competition under Office of Management and Budget 

10 Circular A–76 for activities performed with respect to the 

11 Coast Guard National Vessel Documentation Center. 

12 SEC. 540. The Secretary of Homeland Security shall 

13 require that all contracts of the Department of Homeland 

14 Security that provide award fees link such fees to success15 ful acquisition outcomes (which outcomes shall be speci16 fied in terms of cost, schedule, and performance). 

17 SEC. 541. None of the funds made available to the 

18 Office of the Secretary and Executive Management under 

19 this Act may be expended for any new hires by the Depart20 ment of Homeland Security that are not verified through 

21 the basic pilot program required under section 401 of the 

22 Illegal Immigration Reform and Immigrant Responsibility 

23 Act of 1996 (8 U.S.C. 1324a note). 

24 SEC. 542. None of the funds made available in this 

25 Act for U.S. Customs and Border Protection may be used 
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1 to prevent an individual not in the business of importing 

2 a prescription drug (within the meaning of section 801(g) 

3 of the Federal Food, Drug, and Cosmetic Act) from im4 porting a prescription drug from Canada that complies 

5 with the Federal Food, Drug, and Cosmetic Act: Provided, 

6 That this section shall apply only to individuals trans7 porting on their person a personal-use quantity of the pre8 scription drug, not to exceed a 90-day supply: Provided 

9 further, That the prescription drug may not be— 

10 (1) a controlled substance, as defined in section 

11 102 of the Controlled Substances Act (21 U.S.C. 

12 802); or 

13 (2) a biological product, as defined in section 

14 351 of the Public Health Service Act (42 U.S.C. 

15 262). 

16 SEC. 543. None of the funds made available in this 

17 Act may be used by the Secretary of Homeland Security 

18 or any delegate of the Secretary to issue any rule or regu19 lation which implements the Notice of Proposed Rule20 making related to Petitions for Aliens To Perform Tem21 porary Nonagricultural Services or Labor (H–2B) set out 

22 beginning on 70 Fed. Reg. 3984 (January 27, 2005). 

23 SEC. 544. None of the funds made available in this 

24 Act may be used for planning, testing, piloting, or devel25 oping a national identification card. 
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1 SEC. 545. (a) Notwithstanding any other provision 

2 of this Act, except as provided in subsection (b), and 30 

3 days after the date that the President determines whether 

4 to declare a major disaster because of an event and any 

5 appeal is completed, the Administrator shall submit to the 

6 Committee on Homeland Security and Governmental Af7 fairs of the Senate, the Committee on Homeland Security 

8 of the House of Representatives, the Committee on Trans9 portation and Infrastructure of the House of Representa10 tives, the Committees on Appropriations of the Senate and 

11 the House of Representatives, and publish on the website 

12 of the Federal Emergency Management Agency, a report 

13 regarding that decision, which shall summarize damage 

14 assessment information used to determine whether to de15 clare a major disaster. 

16 (b) The Administrator may redact from a report 

17 under subsection (a) any data that the Administrator de18 termines would compromise national security. 

19 (c) In this section— 

20 (1) the term ‘‘Administrator’’ means the Ad21 ministrator of the Federal Emergency Management 

22 Agency; and 

23 (2) the term ‘‘major disaster’’ has the meaning 

24 given that term in section 102 of the Robert T. 
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1 Stafford Disaster Relief and Emergency Assistance 

2 Act (42 U.S.C. 5122). 

3 SEC. 546. Section 831(a) of the Homeland Security 

4 Act of 2002 (6 U.S.C. 391(a)) is amended by striking 

5 ‘‘Until September 30, 2008’’ and inserting in lieu thereof, 

6 ‘‘Until September 30, 2009’’. 

7 SEC. 547. Notwithstanding any other provision of 

8 law, should the Secretary of Homeland Security determine 

9 that the National Bio and Agro-defense Facility be located 

10 at a site other than Plum Island, New York, the Secretary 

11 shall liquidate the Plum Island asset by directing the Ad12 ministrator of General Services to sell through public sale 

13 all real and related personal property and transportation 

14 assets which support Plum Island operations, subject to 

15 such terms and conditions as necessary to protect govern16 ment interests and meet program requirements: Provided, 

17 That the proceeds of such sale shall be deposited as offset18 ting collections into the Department of Homeland Security 

19 Science and Technology ‘‘Research, Development, Acquisi20 tion, and Operations’’ account and, subject to appropria21 tion, shall be available until expended, for site acquisition, 

22 construction, and costs related to the construction of the 

23 National Bio and Agro-defense Facility, including the 

24 costs associated with the sale, including due diligence re25 quirements, necessary environmental remediation at Plum 
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1 Island, and reimbursement of expenses incurred by the 

2 General Services Administration which shall not exceed 1 

3 percent of the sale price. 

4 SEC. 548. In fiscal year 2009, under the direction 

5 of the Secretary of Homeland Security, the United States 

6 Secret Service shall, during the period of 6 months imme7 diately after an individual ceases to serve as Vice Presi8 dent, protect such individual if the Secretary determines 

9 that such individual is in significant danger, and the 

10 spouse of such individual if the Secretary determines that 

11 the spouse is in significant danger: Provided, That the Se12 cret Service, under the direction of the Secretary, may for 

13 the remainder of fiscal year 2009 provide protection to 

14 such individual or spouse temporarily at any time when 

15 the Secretary determines that information or conditions 

16 warrant such protection: Provided further, That the Secret 

17 Service shall have the same authorities and functions in 

18 providing protection under this section as under laws re19 lating to protection of the Vice President or the spouse 

20 of the Vice President, including laws that provide for ob21 taining assistance from executive agencies and use of pas22 senger carriers to transport: Provided further, That the of23 fenses and penalties prescribed by law with respect to ob24 struction, resistance, or interference with the performance 

25 of protective functions, including with respect to restric-
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1 tions on buildings or grounds, in relation to a Vice Presi2 dent or spouse of a Vice President shall apply with respect 

3 to performance of protective functions under this section: 

4 Provided further, That the authority granted by this sec5 tion is in addition to any authority that may otherwise 

6 be available by law. 

7 SEC. 549. Notwithstanding any other provision of 

8 law, and not later than 30 days after the date of submis9 sion of a request for a single payment, the President shall 

10 provide a single payment for any eligible costs under sec11 tion 406 of the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act (42 U.S.C. 5172) for any police 

13 station, fire station, or criminal justice facility that was 

14 damaged by Hurricane Katrina of 2005 or Hurricane Rita 

15 of 2005: Provided, That the President shall not reduce the 

16 amount of assistance provided under section 406(c)(1) of 

17 the Robert T. Stafford Disaster Relief and Emergency As18 sistance Act (42 U.S.C. 5172(c)(1)) for such facilities: 

19 Provided further, That nothing in the previous proviso may 

20 be construed to alter the appeal or review process relating 

21 to assistance provided under section 406 of the Stafford 

22 Act (42 U.S.C. 5172): Provided further, That the Presi23 dent shall not reduce the amount of assistance provided 

24 to a local government under section 406(d) of the Stafford 

25 Act (42 U.S.C. 5172(d)) more than once for each such 
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1 type of facility for which that local government is receiving 

2 assistance under section 406 of the Robert T. Stafford 

3 Disaster Relief and Emergency Assistance Act relating to 

4 Hurricane Katrina of 2005 or Hurricane Rita of 2005. 

5 This Act may be cited as the ‘‘Department of Home6 land Security Appropriations Act, 2009’’. 

Calendar No. 830 

110TH CONGRESS 

2D SESSION S. 3181 

[Report No. 110–396] 

A BILL 

Making appropriations for the Department of 

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

JUNE 23, 2008 

Read twice and placed on the calendar