curity that current human capital capabilities are 
sufficient to execute the plan; 
(5) includes an explanation of each procurement 
that involves an indefinite delivery/indefinite quan-
tity contract and explains the need for such con-
tract; 
(6) identifies individual project balances by fis-
cal year, including planned carryover into fiscal year 
2009 by project; 
(7) identifies operational gaps by asset and ex-
plains how funds provided in this Act address the 
shortfalls between current operational capabilities 
and requirements; 
(8) includes a listing of all open Government 
Accountability Office and Office of Inspector Gen-
eral recommendations related to the program and 
the status of Coast Guard actions to address the 
recommendations, including milestones for fully ad-
dressing them; 
(9) includes a certification by the Chief Pro-
curement Officer of such Department that the pro-
gram has been reviewed and approved in accordance 
with the investment management process of the De-
partment, and that the process fulfills all capital 
planning and investment control requirements and 
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reviews established by the Office of Management and 
Budget, including Circular A–11, part 7; 
(10) identifies use of the Defense Contract 
Audit Agency; 
(11) identifies the use of independent validation 
and verification; and 
(12) is reviewed by the Government Account-
ability Office: 
Provided further, That no funding may be obligated for 
low rate initial production or initial production of any In-
tegrated Deepwater Systems program asset until Coast 
Guard revises its Major Systems Acquisition Manual pro-
cedures to require a formal design review prior to the au-
thorization of low rate initial production or initial produc-
tion; Provided further, That the Secretary of Homeland 
Security shall submit to the Committees on Appropria-
tions of the Senate and the House of Representatives, in 
conjunction with the President’s fiscal year 2010 budget, 
a review of the Revised Deepwater Implementation Plan 
that identifies any changes to the plan for the fiscal year; 
an annual performance comparison of Integrated Deep-
water Systems program assets to pre-Deepwater legacy as-
sets; a status report of legacy assets; a detailed expla-
nation of how the costs of legacy assets are being ac-
counted for within the Integrated Deepwater Systems pro-
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gram; and the earned value management system gold card 
data for each Integrated Deepwater Systems program 
asset: Provided further, That the Secretary shall submit 
to the Committees on Appropriations of the Senate and 
the House of Representatives a comprehensive review of 
the Revised Deepwater Implementation Plan every five 
years, beginning in fiscal year 2011, that includes a com-
plete projection of the acquisition costs and schedule for 
the duration of the plan through fiscal year 2027: Pro-
vided further, That the Secretary shall annually submit to 
the Committees on Appropriations of the Senate and the 
House of Representatives, at the time that the President’s 
budget is submitted under section 1105(a) of title 31, 
United States Code, a future-years capital investment plan 
for the Coast Guard that identifies for each capital budget 
line item— 
(1) the proposed appropriation included in that 
budget; 
(2) the total estimated cost of completion; 
(3) projected funding levels for each fiscal year 
for the next five fiscal years or until project comple-
tion, whichever is earlier; 
(4) an estimated completion date at the pro-
jected funding levels; and 
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(5) changes, if any, in the total estimated cost 
of completion or estimated completion date from 
previous future-years capital investment plans sub-
mitted to the Committees on Appropriations of the 
Senate and the House of Representatives: 
Provided further, That the Secretary shall ensure that 
amounts specified in the future-years capital investment 
plan are consistent to the maximum extent practicable 
with proposed appropriations necessary to support the 
programs, projects, and activities of the Coast Guard in 
the President’s budget as submitted under section 1105(a) 
of title 31, United States Code, for that fiscal year: Pro-
vided further, That any inconsistencies between the capital 
investment plan and proposed appropriations shall be 
identified and justified: Provided further, That of amounts 
unexpended under this heading in Public Law 108–334 
for 
VTOL 
unmanned 
aerial 
vehicles 
(VUAV), 
$20,000,000 is rescinded: Provided further, That sub-
sections (a), and (b) of section 6402 of the U.S. Troop 
Readiness, Veterans’ Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (Public Law 
110–28) shall apply to fiscal year 2009. 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of 
obstructive bridges, as authorized by section 6 of the Tru-
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man-Hobbs Act (33 U.S.C. 516), $12,000,000, to remain 
available until expended. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses for applied scientific re-
search, development, test, and evaluation; and for mainte-
nance, rehabilitation, lease, and operation of facilities and 
equipment; as authorized by law; $16,000,000, to remain 
available until expended, of which $500,000 shall be de-
rived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 
be credited to and used for the purposes of this appropria-
tion funds received from State and local governments, 
other public authorities, private sources, and foreign coun-
tries for expenses incurred for research, development, test-
ing, and evaluation. 
RETIRED PAY 
For retired pay, including the payment of obligations 
otherwise chargeable to lapsed appropriations for this pur-
pose, payments under the Retired Serviceman’s Family 
Protection and Survivor Benefits Plans, payment for ca-
reer status bonuses, concurrent receipts and combat-re-
lated special compensation under the National Defense 
Authorization Act, and payments for medical care of re-
tired personnel and their dependents under chapter 55 of 
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title 10, United States Code, $1,236,745,000, to remain 
available until expended. 
UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Secret 
Service, including purchase of not to exceed 675 vehicles 
for police-type use, of which 645 shall be for replacement 
only, and hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; 
services of expert witnesses at such rates as may be deter-
mined by the Director of the Secret Service; rental of 
buildings in the District of Columbia, and fencing, light-
ing, guard booths, and other facilities on private or other 
property not in Government ownership or control, as may 
be necessary to perform protective functions; payment of 
per diem or subsistence allowances to employees where a 
protective assignment during the actual day or days of the 
visit of a protectee requires an employee to work 16 hours 
per day or to remain overnight at a post of duty; conduct 
of and participation in firearms matches; presentation of 
awards; travel of United States Secret Service employees 
on protective missions without regard to the limitations 
on such expenditures in this or any other Act if approval 
is obtained in advance from the Committees on Appropria-
tions of the Senate and the House of Representatives; re-
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search and development; grants to conduct behavioral re-
search in support of protective research and operations; 
and payment in advance for commercial accommodations 
as may be necessary to perform protective functions; 
$1,366,620,000; of which not to exceed $25,000 shall be 
for official reception and representation expenses; of which 
not to exceed $100,000 shall be to provide technical assist-
ance and equipment to foreign law enforcement organiza-
tions in counterfeit investigations; of which $2,366,000 
shall be for forensic and related support of investigations 
of missing and exploited children; and of which 
$6,000,000 shall be available until expended for a grant 
for activities related to the investigations of missing and 
exploited children: Provided, That up to $18,000,000 shall 
be available until September 30, 2010, for protective trav-
el: Provided further, That up to $1,000,000 shall be avail-
able until expended for National Special Security Events: 
Provided further, That the United States Secret Service 
is authorized to obligate funds in anticipation of reim-
bursements from Executive agencies, as defined in section 
105 of title 5, United States Code, receiving training spon-
sored by the James J. Rowley Training Center, except 
that total obligations at the end of the fiscal year shall 
not exceed total budgetary resources available under this 
heading at the end of the fiscal year: Provided further, 
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That none of the funds made available under this heading 
shall be available to compensate any employee for overtime 
in an annual amount in excess of $35,000, except that 
the Secretary of Homeland Security, or the designee of 
the Secretary, may waive that amount as necessary for 
national security purposes: Provided further, That none of 
the funds available under this heading shall be available 
for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security unless the Direc-
tor of the United States Secret Service enters into an 
agreement to perform such protection on a fully reimburs-
able basis. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND 
RELATED EXPENSES 
For necessary expenses for acquisition, construction, 
repair, 
alteration, 
and 
improvement 
of 
facilities, 
$4,225,000, to remain available until expended. 
TITLE III—PROTECTION, PREPAREDNESS, 
RESPONSE, AND RECOVERY 
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Office of the Under 
Secretary for the National Protection and Programs Di-
rectorate, support for operations, information technology, 
and the Office of Risk Management and Analysis, 
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$50,100,000: Provided, That not to exceed $5,000 shall 
be for official reception and representation expenses. 
INFRASTRUCTURE PROTECTION AND INFORMATION 
SECURITY 
For necessary expenses for infrastructure protection 
and information security programs and activities, as au-
thorized by title II of the Homeland Security Act of 2002 
(6 U.S.C. 121 et seq.), $846,756,000, of which 
$760,707,000 shall remain available until September 30, 
2010: Provided, That none of the funds made available 
under this heading for development of the information 
technology system known as the ‘‘REAL ID hub’’ shall 
be available to create any new system of records from the 
data accessible by such information technology system, or 
to create any means of access by Federal agencies to such 
information technology system: Provided further, That of 
the 
amount 
made 
available 
under 
this 
heading, 
$121,212,000 may not be obligated for the National Cyber 
Security Initiative program, $24,000,000 may not be obli-
gated for the Next Generation Networks program, and 
$14,100,000 may not be obligated for the National Com-
mand and Coordination Capability program until the 
Committees on Appropriations of the Senate and House 
of Representatives receive and approve a plan for expendi-
ture for that program that describes the strategic context 
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of the program; the specific goals and milestones set for 
the program; and the funds allocated to achieving each 
of those goals. 
UNITED STATES VISITOR AND IMMIGRANT STATUS 
INDICATOR TECHNOLOGY 
For necessary expenses for the development of the 
United States Visitor and Immigrant Status Indicator 
Technology project, as authorized by section 110 of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1365a), $390,300,000, to remain 
available until expended: Provided, That of the total 
amount made available under this heading, $90,000,000 
may not be obligated for the United States Visitor and 
Immigrant Status Indicator Technology project until the 
Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for 
expenditure prepared by the Secretary of Homeland Secu-
rity that includes— 
(1) a detailed accounting of the program’s 
progress to date relative to system capabilities or 
services, system performance levels, mission benefits 
and outcomes, milestones, cost targets, and program 
management capabilities; 
(2) an explicit plan of action defining how all 
funds are to be obligated to meet future program 
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commitments, with the planned expenditure of funds 
linked to the milestone-based delivery of specific ca-
pabilities, services, performance levels, mission bene-
fits and outcomes, and program management capa-
bilities; 
(3) a listing of all open Government Account-
ability Office and Office of Inspector General rec-
ommendations related to the program and the status 
of Department of Homeland Security actions to ad-
dress the recommendations, including milestones for 
fully addressing such recommendations; 
(4)(a) a certification by the Chief Procurement 
Officer of the Department that (1) the program has 
been reviewed and approved in accordance with the 
investment management process of the Department; 
(2) the process fulfills all capital planning and in-
vestment control requirements and reviews estab-
lished by the Office of Management and Budget, in-
cluding as provided in Circular A–11, part 7; and 
(3) the plans for the program comply with the Fed-
eral acquisition rules, requirements, guidelines, and 
practices; and (b) a description by the Chief Pro-
curement Officer of the actions being taken to ad-
dress areas of non-compliance, the risks associated 
with such areas as well as any plans for addressing 
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such risks, and the status of the implementation of 
such actions; 
(5)(a) a certification by the Chief Information 
Officer of the Department that (1) an independent 
verification and validation agent is currently under 
contract for the project; (2) the system architecture 
of the program is sufficiently aligned with the infor-
mation systems enterprise architecture of the De-
partment to minimize future rework, including a de-
scription of all aspects of the architecture that were 
or were not assessed in making the alignment deter-
mination, the date of the alignment determination, 
and any known areas of misalignment along with the 
associated risks and corrective actions to address 
any such areas; and (3) the program has a risk 
management process that regularly identifies, evalu-
ates, mitigates, and monitors risks throughout the 
system life cycle, and communicates high-risk condi-
tions to agency and Department investment decision 
makers; and (b) a listing by the Chief Information 
Officer of all the program’s high risks and the status 
of efforts to address them; 
(6) a certification by the Chief Human Capital 
Officer of the Department that the human capital 
needs of the program are being strategically and 
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proactively managed, and that current human cap-
ital capabilities are sufficient to execute the plans 
discussed in the report; 
(7) a complete schedule for the full implementa-
tion of a biometric exit program or a certification 
that such program is not possible within five years; 
(8) a detailed accounting of operation and 
maintenance, contractor services, and program costs 
associated with the management of identity services; 
and 
(9) is reviewed by the Government Account-
ability Office: 
Provided further, That no funding under this heading shall 
be obligated for implementation of a final air exit solution 
pursuant to the notice of proposed rulemaking (DHS- 
2008-0039) published on April 24, 2008, until the Com-
mittees on Appropriations of the Senate and the House 
of Representatives receive and approve a report on pilot 
tests of the air exit solution, which shall be reviewed by 
the Government Accountability Office, and which shall 
test at least two scenarios: (a) where the airlines collect 
and transmit biometric exit data as proposed in the notice 
of proposed rulemaking and (b) where U.S. Customs and 
Border Protection collects such information at the depar-
ture gates. 
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OFFICE OF HEALTH AFFAIRS 
For necessary expenses of the Office of Health Af-
fairs, $134,404,000, of which $29,223,000 is for salaries 
and expenses; and of which $105,181,000 is to remain 
available until September 30, 2010, for biosurveillance, 
BioWatch, medical readiness planning, chemical response, 
and other activities: Provided, That not to exceed $3,000 
shall be for official reception and representation expenses. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
MANAGEMENT AND ADMINISTRATION 
For necessary expenses for management and admin-
istration of the Federal Emergency Management Agency, 
$821,151,000, including activities authorized by the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7701 et seq.), the Defense Production Act of 1950 
(50 U.S.C. App. 2061 et seq.), sections 107 and 303 of 
the National Security Act of 1947 (50 U.S.C. 404, 405), 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 
and the Post-Katrina Emergency Management Reform 
Act of 2006 (Public Law 109-295; 120 Stat. 1394): Pro-
VerDate Aug 31 2005 
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vided, That not to exceed $3,000 shall be for official recep-
tion and representation expenses: Provided further, That 
the President’s budget submitted under section 1105(a) 
of title 31, United States Code, shall be detailed by office 
for the Federal Emergency Management Agency: Provided 
further, That of the total amount made available under 
this heading, $32,500,000 shall be for the Urban Search 
and Rescue Response System, of which not to exceed 
$1,600,000 may be made available for administrative 
costs: Provided further, That of the total amount made 
available under this heading, $6,342,000 shall be for the 
Office of National Capital Region Coordination: Provided 
further, That of the total amount made available under 
this heading, $5,000,000 shall be for the development of 
tools and systems to measure the achievement and effec-
tiveness of first responder grant programs: Provided fur-
ther, That of the funds made available in the previous pro-
viso, $2,500,000 shall not be available for obligation until 
the Committees on Appropriations of the Senate and the 
House of Representatives receive from the Secretary of 
Homeland Security a detailed plan for expenditure that 
has been reviewed by the Government Accountability Of-
fice. 
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STATE AND LOCAL PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For grants, contracts, cooperative agreements, and 
other activities, $3,056,000,000 shall be allocated as fol-
lows: 
(1) $950,000,000 shall be for the State Home-
land Security Grant Program under section 2004 of 
the Homeland Security Act of 2002 (6 U.S.C. 605): 
Provided, That of the amount provided by this para-
graph, 
$60,000,000 
shall 
be 
for 
Operation 
Stonegarden: Provided further, That notwithstanding 
subsection (c)(4) of such section 2004, for fiscal 
year 2009, the Commonwealth of Puerto Rico shall 
make available to local and tribal governments 
amounts provided to the Commonwealth of Puerto 
Rico under this paragraph in accordance with sub-
section (c)(1) of such section 2004. 
(2) $850,000,000 shall be for the Urban Area 
Security Initiative under section 2003 of the Home-
land Security Act of 2002 (6 U.S.C. 604), of which, 
notwithstanding subsection (c)(1) of such section, 
$15,000,000 shall be for grants to organizations (as 
described under section 501(c)(3) of the Internal 
Revenue Code of 1986 and exempt from tax section 
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(8) $8,000,000 shall be for trucking industry 
security grants. 
(9) $50,000,000 shall be for the interoperable 
emergency communications grant program under 
section 1809 of the Homeland Security Act of 2002 
(6 U.S.C. 579). 
(10) $35,000,000 shall remain available until 
expended, for grants for Emergency Operations Cen-
ters under section 614 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196c), as detailed in the Committee report 
accompanying this Act. 
(11) $50,000,000 shall be for grants under sec-
tion 204 of the REAL ID Act of 2005 (Public Law 
109–13; 49 U.S.C. 30301 note). 
(12) $236,000,000 shall be for training, exer-
cises, technical assistance, and other programs: 
Provided, That not to exceed 2 percent of the amounts 
provided under this heading may be transferred to the 
Federal Emergency Management Agency ‘‘Management 
and Administration’’ account for program administration: 
Provided further, That for grants under paragraphs (1) 
through (4), the applications for grants shall be made 
available to eligible applicants not later than 25 days after 
the date of enactment of this Act, that eligible applicants 
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shall submit applications not later than 90 days after the 
grant announcement, and that the Administrator of the 
Federal Emergency Management Agency shall act within 
90 days after receipt of an application: Provided further, 
That for grants under paragraphs (5) through (9), the 
applications for grants shall be made available to eligible 
applicants not later than 30 days after the date of enact-
ment of this Act, that eligible applicants shall submit ap-
plications within 45 days after the grant announcement, 
and that the Federal Emergency Management Agency 
shall act not later than 60 days after receipt of an applica-
tion: Provided further, That grantees shall provide reports 
on their use of funds, as determined necessary by the Sec-
retary of Homeland Security: Provided further, That (a) 
the Center for Domestic Preparedness may provide train-
ing to emergency response providers from the Federal 
Government, foreign governments, or private entities, if 
the Center for Domestic Preparedness is reimbursed for 
the cost of such training, and any reimbursement under 
this subsection shall be credited to the account from which 
the expenditure being reimbursed was made and shall be 
available, without fiscal year limitation, for the purposes 
for which amounts in the account may be expended, (b) 
the head of the Center for Domestic Preparedness shall 
ensure that any training provided under (a) does not inter-
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fere with the primary mission of the Center to train State 
and local emergency response providers: Provided further, 
That the Government Accountability Office shall report to 
the Committees on Appropriations of the Senate and the 
House of Representatives regarding the data, assump-
tions, and methodology that the Department of Homeland 
Security uses to assess risk and allocate grants under the 
Urban Area Security Initiative and the State Homeland 
Security Grant Program not later than 45 days after the 
date of enactment of this Act: Provided further, That the 
report shall include an assessment of the reliability and 
validity of the data used, the basis for the assumptions 
used, how the methodology is applied to determine the risk 
scores for individual locations, an analysis of the useful-
ness of placing States and cities into tier groups, and the 
allocation of grants to eligible locations: Provided further, 
That the Department shall provide the Government Ac-
countability Office with the actual data that the Depart-
ment used for its risk assessment and grant allocation for 
at least two locations at the discretion of the Government 
Accountability Office for the 2008 grant allocation proc-
ess: Provided further, That the Department shall provide 
the Government Accountability Office access to all data 
needed for its analysis and report, including specifics on 
all changes for the fiscal year 2009 process, including all 
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changes in data, assumptions, and weights used in meth-
odology, within seven days after the date of enactment of 
this Act: Provided further, That any subsequent changes 
made regarding the risk methodology after the initial in-
formation is provided to the Government Accountability 
Office shall be provided within seven days after the change 
is made. 
FIREFIGHTER ASSISTANCE GRANTS 
For necessary expenses for programs authorized by 
the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 
2201 
et 
seq.), 
$800,000,000, 
of 
which 
$570,000,000 shall be available to carry out section 33 
of that Act (15 U.S.C. 2229) and $230,000,000 shall be 
available to carry out section 34 of that Act (15 U.S.C. 
2229a), to remain available until September 30, 2010: 
Provided, That not to exceed 3 percent of the amount 
available under this heading shall be available for program 
administration. 
EMERGENCY MANAGEMENT PERFORMANCE GRANTS 
For necessary expenses for emergency management 
performance grants, as authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re-
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organization Plan No. 3 of 1978 (5 U.S.C. App.), 
$315,000,000: Provided, That total administrative costs 
shall not exceed 3 percent of the total amount appro-
priated under this heading. 
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 
The aggregate charges assessed during fiscal year 
2009, as authorized in title III of the Departments of Vet-
erans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1999 (42 
U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Se-
curity to be necessary for its radiological emergency pre-
paredness program for the next fiscal year: Provided, That 
the methodology for assessment and collection of fees shall 
be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting 
such fees: Provided further, That fees received under this 
heading shall be deposited in this account as offsetting col-
lections and will become available for authorized purposes 
on October 1, 2009, and remain available until expended. 
UNITED STATES FIRE ADMINISTRATION 
For necessary expenses of the United States Fire Ad-
ministration and for other purposes, as authorized by the 
Federal Fire Prevention and Control Act of 1974 (15 
VerDate Aug 31 2005 
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