196 
by this Act may be available to compensate any employee 
of U.S. Customs and Border Protection for overtime, from 
whatever source, in an amount that exceeds such limitation, 
except in individual cases determined by the Secretary of 
Homeland Security, or the designee of the Secretary, to be 
necessary for national security purposes, to prevent exces-
sive costs, or in cases of immigration emergencies: Provided 
further, That no funding available under this heading may 
be obligated for the operation of the Analytical Framework 
for Intelligence Officers until the Commissioner of U.S. Cus-
toms and Border Protection certifies that this Framework 
complies with all applicable laws, including section 552a 
of title 5, United States Code, and other laws protecting 
privacy, and such certification is reviewed by the Inspector 
General of the Department of Homeland Security: Provided 
further, That the Commissioner shall submit to the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives the results of operational field testing of cargo 
container security devices in high risk trade lanes no later 
than 120 days after the date of enactment of this Act. 
AUTOMATION MODERNIZATION 
For expenses for U.S. Customs and Border Protection 
automated systems, $511,334,000, to remain available until 
expended, of which not less than $316,851,000 shall be for 
the development of the Automated Commercial Environ-
197 
ment: Provided, That of the total amount made available 
under this heading, $216,851,000 may not be obligated for 
the Automated Commercial Environment program until 30 
days after the Committees on Appropriations of the Senate 
and the House of Representatives receive a report on the 
results to date and plans for the program from the Depart-
ment of Homeland Security. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND 
TECHNOLOGY 
For expenses for customs and border protection fenc-
ing, infrastructure, and technology, $775,000,000, to re-
main available until expended: Provided, That of the 
amount provided under this heading, $400,000,000 shall 
not be obligated 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 Security and submitted not later than 90 days 
after the date of the enactment of this Act, for a program 
to establish and maintain a security barrier along the bor-
ders of the United States of fencing and vehicle barriers, 
where practicable, and other forms of tactical infrastructure 
and technology, that includes the following— 
(1) a detailed accounting of the program’s imple-
mentation to date for all investments, including tech-
nology and tactical infrastructure, for funding al-
198 
ready expended relative to system capabilities or serv-
ices, system performance levels, mission benefits and 
outcomes, milestones, cost targets, program manage-
ment capabilities, identification of the maximum in-
vestment, including life cycle costs, related to the Se-
cure Border Initiative program or any successor pro-
gram, and description of the methodology used to ob-
tain these cost figures; 
(2) a description of how specific projects will 
further the objectives of the Secure Border Initiative, 
as defined in the Department of Homeland Security 
Secure Border Plan, and how the expenditure plan 
allocates funding to the highest priority border secu-
rity needs; 
(3) an explicit plan of action defining how all 
funds are to be obligated to meet future program com-
mitments, with the planned expenditure of funds 
linked to the milestone-based delivery of specific capa-
bilities, services, performance levels, mission benefits 
and outcomes, and program management capabilities; 
(4) an identification of staffing, including full- 
time equivalents, contractors, and detailees, by pro-
gram office; 
(5) a description of how the plan addresses secu-
rity needs at the Northern border and ports of entry,
199 
including infrastructure, technology, design and oper-
ations requirements, specific locations where funding 
would be used, and priorities for Northern border ac-
tivities; 
(6) a report on budget, obligations and expendi-
tures, the activities completed, and the progress made 
by the program in terms of obtaining operational 
control of the entire border of the United States; 
(7) a listing of all open Government Account-
ability Office and the 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 to 
fully address such recommendations; 
(8) a certification by the Chief Procurement Offi-
cer of the Department that the program: (a) has been 
reviewed and approved in accordance with the invest-
ment management process of the Department, and 
that the process fulfills all capital planning and in-
vestment control requirements and reviews established 
by the Office of Management and Budget, including 
as provided in Circular A–11, part 7; (b) that the 
plans for the program comply with the Federal acqui-
sition rules, requirements, guidelines, and practices, 
and a description of the actions being taken to ad-
200 
dress areas of non-compliance, the risks associated 
with such actions, together with any plans for ad-
dressing these risks, and the status of the implementa-
tion of such actions; (c) that procedures to prevent 
conflicts of interest between the prime integrator and 
major subcontractors are established and that the Se-
cure Border Initiative Program Office has adequate 
staff and resources to effectively manage the Secure 
Border Initiative program, all contracts, including 
the exercise of technical oversight; and (d) the certifi-
cations required under this paragraph should be ac-
companied by all documents or memoranda, as well 
as documentation and a description of the investment 
review processes used to obtain such certifications; 
(9) a certification by the Chief Information Offi-
cer of the Department that: (a) the system architec-
ture of the program is sufficiently aligned with the 
information systems enterprise architecture of the De-
partment to minimize future rework, including a de-
scription of all aspects of the architectures that were 
or were not assessed in making the alignment deter-
mination, the date of the alignment determination, 
and any known areas of misalignment together with 
the associated risks and corrective actions to address 
any such areas; (b) the program has a risk manage-
201 
ment process that regularly and proactively identifies, 
evaluates, mitigates, and monitors risks throughout 
the system life cycle and communicates high-risk con-
ditions to U.S. Customs and Border Protection and 
Department of Homeland Security investment deci-
sion-makers, as well as a listing of all the program’s 
high risks and the status of efforts to address such 
risks; (c) an independent verification and validation 
agent is currently under contract for the projects 
funded under this heading; and (d) the certification 
required under this paragraph should be accompanied 
by all documents or memoranda, as well as docu-
mentation and a description of the investment review 
processes used to obtain such certification; 
(10) a certification by the Chief Human Capital 
Officer of the Department that the human capital 
needs of the Secure Border Initiative program are 
being addressed so as to ensure adequate staff and re-
sources to effectively manage the Secure Border Ini-
tiative, together with a description of SBI staffing 
priorities; 
(11) an analysis by the Secretary for each seg-
ment, defined as not more than 15 miles, of fencing 
or tactical infrastructure, of the selected approach 
compared to other, alternative means of achieving
202 
operational control, and such analysis should include 
cost, level of operational control, possible unintended 
effects on communities, and other factors critical to 
the decision making process; and 
(12) is reviewed by the Government Account-
ability Office: 
Provided further, That the Secretary shall report to the 
Committees on Appropriations of the Senate and the House 
of Representatives on program progress, and obligations 
and expenditures for all outstanding task orders as well as 
specific objectives to be achieved through the award of cur-
rent and remaining task orders planned for the balance of 
available appropriations at least 15 days before the award 
of any task order requiring an obligation of funds in an 
amount greater than $25,000,000 and before the award of 
a task order that would cause cumulative obligations of 
funds to exceed 50 percent of the total amount appropriated: 
Provided further, That none of the funds provided under 
this heading may be obligated unless the Department has 
complied with section 102(b)(1)(C)(i) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1103 note), and the Secretary certifies such to 
the Committees on Appropriations of the Senate and the 
House of Representatives: Provided further, That none of 
the funds under this heading may be obligated for any
203 
project or activity for which the Secretary has exercised 
waiver authority pursuant to section 102(c) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1103 note) until 15 days have elapsed from 
the date of the publication of the decision in the Federal 
Register: Provided further, That notwithstanding the pre-
vious provisos, $100,000,000 of the amount provided under 
this heading shall be made available for obligation upon 
enactment of this Act without restriction. 
AIR AND MARINE INTERDICTION, OPERATIONS, 
MAINTENANCE, AND PROCUREMENT 
For necessary expenses for the operations, mainte-
nance, and procurement of marine vessels, aircraft, un-
manned aircraft systems, and other related equipment of 
the air and marine program, including operational train-
ing and mission-related travel, and rental payments for fa-
cilities occupied by the air or marine interdiction and de-
mand reduction programs, the operations of which include 
the following: the interdiction of narcotics and other goods; 
the provision of support to Federal, State, and local agen-
cies in the enforcement or administration of laws enforced 
by the Department of Homeland Security; and at the dis-
cretion of the Secretary of Homeland Security, the provi-
sion of assistance to Federal, State, and local agencies in 
other law enforcement and emergency humanitarian efforts, 
$528,000,000, to remain available until expended, of which
204 
$5,000,000 shall be to address private aircraft enforcement 
system noncompliance as specified in House Report 110– 
862: Provided, That no aircraft or other related equipment, 
with the exception of aircraft that are one of a kind and 
have been identified as excess to U.S. Customs and Border 
Protection requirements and aircraft that have been dam-
aged beyond repair, shall be transferred to any other Fed-
eral agency, department, or office outside of the Department 
of Homeland Security during fiscal year 2009 without the 
prior approval of the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further, 
That of the total amount made available under this head-
ing, $18,000,000 shall not be obligated until the Secretary 
notifies the Committees on Appropriations of the Senate 
and House of Representatives that the Department of 
Homeland Security has implemented the concept of oper-
ations described in section 544 of this Act. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
the administration and enforcement of the laws relating to 
customs and immigration, $403,201,000, to remain avail-
able until expended, of which $39,700,000 shall be for the 
Advanced Training Center: Provided, That for fiscal year 
2010 and thereafter, the annual budget submission of U.S. 
Customs and Border Protection for ‘‘Construction’’ shall,
205 
in consultation with the General Services Administration, 
include a detailed 5-year plan for all Federal land border 
port of entry projects with a yearly update of total projected 
future funding needs. 
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigration 
and customs laws, detention and removals, and investiga-
tions; and purchase and lease of up to 3,790 (2,350 for re-
placement only) police-type vehicles; $4,927,210,000, of 
which not to exceed $7,500,000 shall be available until ex-
pended for conducting special operations under section 3131 
of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); 
of which not to exceed $15,000 shall be for official reception 
and representation expenses; of which not to exceed 
$1,000,000 shall be for awards of compensation to inform-
ants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security; of which not less than 
$305,000 shall be for promotion of public awareness of the 
child pornography tipline and anti-child exploitation ac-
tivities; of which not less than $5,400,000 shall be used to 
facilitate agreements consistent with section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)); and 
of which not to exceed $11,216,000 shall be available to fund 
or reimburse other Federal agencies for the costs associated
206 
with the care, maintenance, and repatriation of smuggled 
aliens unlawfully present in the United States: Provided, 
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, or the designee of the Secretary, may waive that 
amount as necessary for national security purposes and in 
cases of immigration emergencies: Provided further, That 
of the total amount provided, $15,770,000 shall be for ac-
tivities in fiscal year 2009 to enforce laws against forced 
child labor, of which not to exceed $6,000,000 shall remain 
available until expended: Provided further, That of the total 
amount available, not less than $1,000,000,000, of which 
$150,000,000 shall remain available until September 30, 
2010, shall be available to identify aliens convicted of a 
crime, and who may be deportable, and to remove them 
from the United States once they are judged deportable: 
Provided further, That the Secretary, or the designee of the 
Secretary, shall report to the Committees on Appropriations 
of the Senate and the House of Representatives, at least 
quarterly, on progress implementing the preceding proviso, 
and the funds obligated during that quarter to make that 
progress: Provided further, That the Secretary shall 
prioritize the identification and removal of aliens convicted 
of a crime by the severity of that crime: Provided further,
207 
That of the total amount provided, not less than 
$2,481,213,000 is for detention and removal operations, in-
cluding transportation of unaccompanied minor aliens: 
Provided further, That of the total amount provided, 
$6,800,000 shall remain available until September 30, 
2010, for the Visa Security Program: Provided further, 
That none of the funds provided under this heading may 
be used to continue a delegation of law enforcement author-
ity authorized under section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) if the Department of 
Homeland Security Inspector General determines that the 
terms of the agreement governing the delegation of authority 
have been violated: Provided further, That effective April 
15, 2009, none of the funds provided under this heading 
may be used to continue any contract for the provision of 
detention services if the two most recent overall performance 
evaluations received by the contracted facility are less than 
‘‘adequate’’ or the equivalent median score in any subse-
quent performance evaluation system: Provided further, 
That the Secretary shall submit to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives, not later than January 5, 2009, a plan for nation-
wide implementation of the Alternatives to Detention pro-
gram that identifies: (1) the funds required for nationwide 
program implementation; (2) the timeframe for achieving
208 
nationwide program implementation; and (3) an estimate 
of the number of individuals who could be enrolled in a 
nationwide program: Provided further, That nothing under 
this heading shall prevent U.S. Immigation and Customs 
Enforcement from exercising those authorities provided 
under immigration laws (as defined in section 101(a)(17) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))) during priority operations pertaining to 
aliens convicted of a crime. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited 
to this account shall be available until expended for nec-
essary expenses related to the protection of federally-owned 
and leased buildings and for the operations of the Federal 
Protective Service: Provided, That the Secretary of Home-
land Security and the Director of the Office of Management 
and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representa-
tives no later than December 31, 2008, that the operations 
of the Federal Protective Service will be fully funded in fis-
cal year 2009 through revenues and collection of security 
fees, and shall adjust the fees to ensure fee collections are 
sufficient to ensure that the Federal Protective Service 
maintains not fewer than 1,200 full-time equivalent staff 
and 900 full-time equivalent Police Officers, Inspectors, 
Area Commanders, and Special Agents who, while working,
209 
are directly engaged on a daily basis protecting and enforc-
ing laws at Federal buildings (referred to as ‘‘in-service 
field staff’’). 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforcement 
automated systems, $57,000,000, to remain available until 
expended: Provided, That of the funds made available under 
this heading, $5,000,000 shall not be obligated until the 
Committees on Appropriations of the Senate and the House 
of Representatives receive an expenditure plan prepared by 
the Secretary of Homeland Security. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
the administration and enforcement of the laws relating to 
customs and immigration, $5,000,000, to remain available 
until expended: Provided, That none of the funds made 
available under this heading may be used to solicit or con-
sider any request to privatize facilities currently owned by 
the United States Government and used to detain aliens 
unlawfully present in the United States until the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives receive a plan for carrying out that privatiza-
tion.
210 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security 
services pursuant to the Aviation and Transportation Secu-
rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 
40101 note), $4,754,518,000, to remain available until Sep-
tember 30, 2010, of which not to exceed $10,000 shall be 
for official reception and representation expenses: Provided, 
That of the total amount made available under this head-
ing, not to exceed $3,935,710,000 shall be for screening oper-
ations, of which $621,106,000 shall be available for explo-
sives detection systems; and not to exceed $798,808,000 shall 
be for aviation security direction and enforcement: Provided 
further, That of the amount made available in the preceding 
proviso for explosives detection systems, $294,000,000 shall 
be available for the purchase and installation of these sys-
tems, of which not less than $84,500,000 shall be available 
for the purchase and installation of certified explosives de-
tection systems at medium- and small-sized airports: Pro-
vided further, That the purchase of screening equipment for 
medium- and small-sized airports must be competitively 
awarded: Provided further, That any award to deploy ex-
plosives detection systems shall be based on risk, the airports 
current reliance on other screening solutions, lobby conges-
211 
tion resulting in increased security concerns, high injury 
rates, airport readiness, and increased cost effectiveness: 
Provided further, That security service fees authorized 
under section 44940 of title 49, United States Code, shall 
be credited to this appropriation as offsetting collections 
and shall be available only for aviation security: Provided 
further, That any funds collected and made available from 
aviation security fees pursuant to section 44940(i) of title 
49, United States Code, may, notwithstanding paragraph 
(4) of such section 44940(i), be expended for the purpose 
of improving screening at airport screening checkpoints, 
which may include the purchase and utilization of emerging 
technology equipment; the refurbishment and replacement 
of current equipment; the installation of surveillance sys-
tems to monitor checkpoint activities; the modification of 
checkpoint infrastructure to support checkpoint reconfigu-
rations; and the creation of additional checkpoints to screen 
aviation passengers and airport personnel: Provided fur-
ther, That of the amounts provided under this heading, 
$20,000,000 may be transferred to the ‘‘Surface Transpor-
tation Security’’, ‘‘Transportation Threat Assessment and 
Credentialing’’, and ‘‘Transportation Security Support’’ 
appropriations in this Act for the purpose of implementing 
regulations and activities authorized in the Implementing 
Recommendations of the 9/11 Commission Act of 2007
212 
(Public Law 110–53): Provided further, That the sum ap-
propriated under this heading from the general fund shall 
be reduced on a dollar-for-dollar basis as such offsetting col-
lections are received during fiscal year 2009, so as to result 
in a final fiscal year appropriation from the general fund 
estimated at not more than $2,434,518,000: Provided fur-
ther, That any security service fees collected in excess of the 
amount made available under this heading shall become 
available during fiscal year 2010: Provided further, That 
Members of the United States House of Representatives and 
United States Senate, including the leadership; the heads 
of Federal agencies and commissions, including the Sec-
retary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attor-
ney General and Assistant Attorneys General and the 
United States attorneys; and senior members of the Execu-
tive Office of the President, including the Director of the 
Office of Management and Budget; shall not be exempt from 
Federal passenger and baggage screening. 
SURFACE TRANSPORTATION SECURITY 
For necessary expenses of the Transportation Security 
Administration related to providing surface transportation 
security activities, $49,606,000, to remain available until 
September 30, 2010.
213 
TRANSPORTATION THREAT ASSESSMENT AND 
CREDENTIALING 
For necessary expenses for the development and imple-
mentation of screening programs of the Office of Transpor-
tation Threat Assessment and Credentialing, $116,018,000, 
to remain available until September 30, 2010: Provided, 
That if the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that 
the Secure Flight program does not need to check airline 
passenger names against the full terrorist watch list, the 
Assistant Secretary shall certify to the Committees on Ap-
propriations of the Senate and the House of Representatives 
that no significant security risks are raised by screening 
airline passenger names only against a subset of the full 
terrorist watch list. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Security 
Administration related to providing transportation secu-
rity support and intelligence pursuant to the Aviation and 
Transportation Security Act (Public Law 107–71; 115 
Stat. 597; 49 U.S.C. 40101 note), $947,735,000, to remain 
available until September 30, 2010: Provided, That of the 
funds appropriated under this heading, $20,000,000 may 
not be obligated for headquarters administration until the 
Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Rep-
214 
resentatives detailed expenditure plans for checkpoint sup-
port and explosives detection systems refurbishment, pro-
curement, and installations on an airport-by-airport basis 
for fiscal year 2009: Provided further, That these plans shall 
be submitted no later than 60 days after the date of enact-
ment of this Act. 
FEDERAL AIR MARSHALS 
For necessary expenses of the Federal Air Marshals, 
$819,481,000. 
COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and mainte-
nance of the Coast Guard, not otherwise provided for; pur-
chase or lease of not to exceed 25 passenger motor vehicles, 
which shall be for replacement only; for purchase or lease 
of small boats for contingent and emergent requirements (at 
a unit cost of no more than $700,000) and for repairs and 
service-life replacements, not to exceed a total of 
$26,000,000; minor shore construction projects not exceed-
ing $1,000,000 in total cost at any location; payments pur-
suant to section 156 of Public Law 97–377 (42 U.S.C. 402 
note; 96 Stat. 1920); and recreation and welfare; 
$6,194,925,000, of which $340,000,000 shall be for defense- 
related activities; of which $24,500,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of
215 
1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $20,000 
shall be for official reception and representation expenses; 
and of which $3,600,000 shall be available until expended 
for the cost of repairing, rehabilitating, altering, modifying, 
and making improvements, including customized tenant 
improvements, to any replacement or expanded Operations 
Systems Center facility: Provided, That none of the funds 
made available by this or any other Act shall be available 
for administrative expenses in connection with shipping 
commissioners in the United States: Provided further, That 
none of the funds made available by this Act shall be for 
expenses incurred for recreational vessels under section 
12114 of title 46, United States Code, except to the extent 
fees are collected from yacht owners and credited to this 
appropriation: Provided further, That the Commandant 
shall submit a financial management improvement plan 
that has been reviewed by the Inspector General of the De-
partment of Homeland Security containing yearly, measur-
able milestones, to the Committees on Appropriations of the 
Senate and the House of Representatives by December 1, 
2008: Provided further, That the Coast Guard shall comply 
with the requirements of section 527 of Public Law 108- 
136 with respect to the Coast Guard Academy: Provided 
further, That notwithstanding section 503 of this Act, 
amounts not to exceed 5 percent of the total amount appro-
216 
priated under this heading may be transferred to the ‘‘Ac-
quisition, Construction, and Improvements’’ appropriation, 
to be available under the terms and conditions applicable 
to that appropriation, and to be available for personnel 
compensation and benefits and related costs to adjust per-
sonnel assignment to accelerate management and oversight 
of new or existing projects without detrimentally affecting 
the management and oversight of other projects: Provided 
further, That the amount made available for ‘‘Personnel, 
Compensation, and Benefits’’ in the ‘‘Acquisition, Construc-
tion, and Improvements’’ appropriation shall not be in-
creased by more than 10 percent by such transfers: Provided 
further, That the Committees on Appropriations of the Sen-
ate and the House of Representatives shall be notified of 
each transfer within 10 days after it is executed. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the environmental 
compliance and restoration functions of the Coast Guard 
under chapter 19 of title 14, United States Code, 
$13,000,000, to remain available until expended. 
RESERVE TRAINING 
For necessary expenses of the Coast Guard Reserve, as 
authorized by law; operations and maintenance of the re-
serve program; personnel and training costs; and equipment 
and services; $130,501,000.
217 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore 
facilities, vessels, and aircraft, including equipment related 
thereto; and maintenance, rehabilitation, lease and oper-
ation of facilities and equipment, as authorized by law; 
$1,494,576,000, of which $20,000,000 shall be derived 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)); of which $113,000,000 shall be avail-
able until September 30, 2013, to acquire, repair, renovate, 
or improve vessels, small boats, and related equipment; of 
which $89,174,000 shall be available until September 30, 
2011, for other equipment; of which $68,000,000 shall be 
available until September 30, 2011, for shore facilities and 
aids to navigation facilities, including $3,000,000 for Sec-
tor Buffalo and $15,000,000 for the Rescue Swimmer 
Training Facility; of which $92,830,000 shall be available 
for personnel compensation and benefits and related costs; 
of which $97,578,000 shall be available until expended for 
a new Coast Guard and Department of Homeland Security 
headquarters; and of which $1,033,994,000 shall be avail-
able until September 30, 2013, for the Integrated Deepwater 
Systems program: Provided, That of the funds made avail-
able for the Integrated Deepwater Systems program,
218 
$244,550,000 is for aircraft and $571,003,000 is for surface 
ships: Provided further, That $350,000,000 of the funds pro-
vided for the Integrated Deepwater Systems program may 
not be obligated until the Committees on Appropriations 
of the Senate and the House of Representatives receive di-
rectly from the Coast Guard and approve a plan for expend-
iture that— 
(1) defines activities, milestones, yearly costs, 
and life cycle costs for each new procurement of a 
major asset, including an independent cost estimate 
for each; 
(2) identifies life cycle staffing and training 
needs of Coast Guard project managers and procure-
ment and contract staff; 
(3) identifies competition to be conducted in, and 
summarizes the approved acquisition strategy for, 
each procurement; 
(4) includes a certification by the Chief Human 
Capital Officer of the Department of Homeland Secu-
rity that current human capital capabilities are suffi-
cient to execute the expenditure plan; 
(5) includes an explanation of each procurement 
that involves an indefinite delivery/indefinite quan-
tity contract and explains the need for such contract;
219 
(6) identifies individual project balances by fis-
cal year, including planned carryover into fiscal year 
2010 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 Ac-
countability Office and Office of Inspector General 
recommendations related to the program and the sta-
tus of Coast Guard actions to address the rec-
ommendations, including milestones for fully address-
ing them; 
(9) includes a certification by the Chief Procure-
ment Officer of the Department that the program has 
been reviewed and approved in accordance with the 
investment management process of the Department, 
and that the process fulfills all capital planning and 
investment control requirements and reviews estab-
lished by the Office of Management and Budget, in-
cluding Circular A–11, part 7; 
(10) identifies use of the Defense Contract Audit 
Agency; 
(11) includes a certification by the head of con-
tracting activity for the Coast Guard and the Chief
220 
Procurement Officer of the Department that the plans 
for the program comply with the Federal acquisition 
rules, requirements, guidelines, and practices, and a 
description of the actions being taken to address areas 
of non-compliance, the risks associated with them 
along with plans for addressing these risks, and the 
status of their implementation; 
(12) identifies the use of independent validation 
and verification; and 
(13) 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 Inte-
grated Deepwater Systems program asset until Coast Guard 
revises its Major Systems Acquisition Manual procedures 
to require a formal design review prior to the authorization 
of low rate initial production or initial production: Pro-
vided further, That the Secretary of Homeland Security 
shall submit to the Committees on Appropriations 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 per-
formance comparison of Integrated Deepwater Systems pro-
gram assets to pre-Deepwater legacy assets; a status report
221 
of legacy assets; a detailed explanation of how the costs of 
legacy assets are being accounted for within the Integrated 
Deepwater Systems program; and the earned value manage-
ment system gold card data for each Integrated Deepwater 
Systems program asset: Provided further, That the Sec-
retary shall submit to the Committees on Appropriations 
of the Senate and the House of Representatives a com-
prehensive review of the Revised Deepwater Implementation 
Plan every 5 years, beginning in fiscal year 2011, that in-
cludes a complete projection of the acquisition costs and 
schedule for the duration of the plan through fiscal year 
2027: Provided 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 Presi-
dent’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 5 fiscal years or until project completion, 
whichever is earlier;
222 
(4) an estimated completion date at the projected 
funding levels; and 
(5) changes, if any, in the total estimated cost of 
completion or estimated completion date from pre-
vious future-years capital investment plans submitted 
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: Provided further, 
That any inconsistencies between the capital investment 
plan and proposed appropriations shall be identified and 
justified: Provided further, That subsections (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: Provided further, That notwithstanding section 503 
of this Act, amounts transferred from the ‘‘Operating Ex-
penses’’ appropriation for personnel compensation and ben-
efits and related costs to adjust personnel assignment to ac-
celerate management and oversight of new or existing
223 
projects may be transferred to the ‘‘Operating Expenses’’ 
appropriation to be merged with that appropriation, to be 
available under the same terms and conditions for which 
that appropriation is available, when no longer required 
for project acceleration or oversight, or to otherwise adjust 
personnel assignment: Provided further, That the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives shall be notified of each transfer within 30 days 
after it is executed. 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of ob-
structive bridges, as authorized by section 6 of the Truman- 
Hobbs Act (33 U.S.C. 516), $16,000,000, to remain avail-
able until expended: Provided, That of the amounts made 
available under this heading, $2,000,000 shall be for the 
Burlington Northern Railroad Bridge in Burlington, Iowa; 
$2,000,000 shall be for the Canadian Pacific Railway 
Bridge in La Crosse, Wisconsin; $2,000,000 shall be for the 
Chelsea Street Bridge in Chelsea, Massachusetts; $2,000,000 
shall be for the Elgin, Joliet, and Eastern Railway Com-
pany Bridge in Morris, Illinois; $4,000,000 shall be for the 
Fourteen Mile Bridge in Mobile, Alabama; and $4,000,000 
shall be for the Galveston Causeway Bridge in Galveston, 
Texas.
224 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, re-
habilitation, lease, and operation of facilities and equip-
ment; as authorized by law; $18,000,000, to remain avail-
able until expended, of which $500,000 shall be derived 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 appropriation funds 
received from State and local governments, other public au-
thorities, private sources, and foreign countries for expenses 
incurred for research, development, testing, 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 career 
status bonuses, concurrent receipts and combat-related spe-
cial compensation under the National Defense Authoriza-
tion Act, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title 10, 
United States Code, $1,236,745,000, to remain available 
until expended.
225 
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 mo-
torcycles made in the United States; hire of aircraft; serv-
ices of expert witnesses at such rates as may be determined 
by the Director of the Secret Service; rental of buildings 
in the District of Columbia, and fencing, lighting, 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 as-
signment 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 protec-
tive missions without regard to the limitations on such ex-
penditures in this or any other Act if approval is obtained 
in advance from the Committees on Appropriations of the 
Senate and the House of Representatives; research and de-
velopment; grants to conduct behavioral research in support 
of protective research and operations; and payment in ad-
226 
vance for commercial accommodations as may be necessary 
to perform protective functions; $1,408,729,000; of which 
not to exceed $25,000 shall be for official reception and rep-
resentation expenses; of which not to exceed $100,000 shall 
be to provide technical assistance and equipment to foreign 
law enforcement organizations 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 for a grant for activities related 
to the investigations of missing and exploited children and 
shall remain available until expended: Provided, That up 
to $18,000,000 provided for protective travel shall remain 
available until September 30, 2010: Provided further, That 
up to $1,000,000 for National Special Security Events shall 
remain available until expended: Provided further, That the 
United States Secret Service is authorized to obligate funds 
in anticipation of reimbursements from Federal agencies 
and entities, as defined in section 105 of title 5, United 
States Code, receiving training sponsored by the James J. 
Rowley Training Center, except that total obligations at the 
end of the fiscal year shall not exceed total budgetary re-
sources available under this heading at the end of the fiscal 
year: Provided further, That none of the funds made avail-
able under this heading shall be available to compensate 
any employee for overtime in an annual amount in excess
227 
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 fur-
ther, That the limitation in the preceding proviso shall not 
take effect until the Director of the Office of Management 
and Budget submits to the Committees on Appropriations 
of the Senate and the House of Representatives a report cer-
tifying that such a limitation on compensation will not 
have a significant effect on operations of the United States 
Secret Service: Provided further, That none of the funds ap-
propriated to the United States Secret Service by this Act 
or by previous appropriations Acts may be made available 
for the protection of the head of a Federal agency other than 
the Secretary of Homeland Security: Provided further, That 
the Director of the United States Secret Service may enter 
into an agreement to perform such service on a fully reim-
bursable 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: Provided, 
That of the total amount provided, $250,000 is for a perim-
eter security and noise abatement study at the James J. 
Rowley Training Center.
228 
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 Direc-
torate, support for operations, information technology, and 
the Office of Risk Management and Analysis, $51,350,000: 
Provided, That not to exceed $5,000 shall be for official re-
ception 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.), $806,913,000, of which $720,116,000 
shall remain available until September 30, 2010: Provided, 
That of the total amount provided, $20,000,000 is for nec-
essary expenses of the National Infrastructure Simulation 
and Analysis Center: Provided further, That of the amount 
made available under this heading, $127,462,000 may not 
be obligated for the National Cyber Security Initiative pro-
gram and $25,125,000 may not be obligated for the Next 
Generation Networks program until the Committees on Ap-
propriations of the Senate and the House of Representatives
229 
receive and approve a plan for expenditure for that pro-
gram that describes the strategic context of the program; 
the specific goals and milestones set for the program; and 
the funds allocated to achieving each of those goals: Pro-
vided further, That of the total amount provided, 
$2,000,000 is for Philadelphia infrastructure monitoring; 
$3,000,000 is for protection of critical underground infra-
structure in major urban areas; $1,000,000 is for improved 
improvised explosive device mapping and modeling tools; 
$3,500,000 is for State and local cyber security training; 
and $4,000,000 is for the Power and Cyber Systems Protec-
tion, Analysis, and Testing Program at the Idaho National 
Laboratory. 
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 Ille-
gal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1365a), $300,000,000, to remain avail-
able until expended: Provided, That of the total amount 
made available under this heading, $75,000,000 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 Rep-
230 
resentatives receive a plan for expenditure prepared by the 
Secretary of Homeland Security that includes— 
(1) a detailed accounting of the program’s 
progress to date relative to system capabilities or serv-
ices, system performance levels, mission benefits and 
outcomes, milestones, cost targets, and program man-
agement capabilities; 
(2) an explicit plan of action defining how all 
funds are to be obligated to meet future program com-
mitments, with the planned expenditure of funds 
linked to the milestone-based delivery of specific capa-
bilities, services, performance levels, mission benefits 
and outcomes, and program management capabilities; 
(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 established
231 
by the Office of Management and Budget, including 
as provided in Circular A–11, part 7; and (3) the 
plans for the program comply with the Federal acqui-
sition rules, requirements, guidelines, and practices; 
and (b) a description by the Chief Procurement Offi-
cer of the actions being taken to address areas of non- 
compliance, the risks associated with such areas as 
well as any plans for addressing 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 informa-
tion systems enterprise architecture of the Department 
to minimize future rework, including a description of 
all aspects of the architecture that were or were not 
assessed in making the alignment determination, 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, evaluates, mitigates, and mon-
itors risks throughout the system life cycle, and com-
municates high-risk conditions to agency and Depart-
232 
ment 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 
proactively managed, and that current human capital 
capabilities are sufficient to execute the plans dis-
cussed 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 5 years; and 
(8) a detailed accounting of operation and main-
tenance, contractor services, and program costs associ-
ated with the management of identity services: 
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 Committees 
on Appropriations of the Senate and the House of Rep-
resentatives receive a report on pilot tests of the air exit 
solution, which shall be reviewed by the Government Ac-
countability Office, and which shall test at least two sce-
narios: (a) where the airlines collect and transmit biometric 
exit data as proposed in the notice of proposed rulemaking
233 
and (b) where U.S. Customs and Border Protection collects 
such information at the departure gates. 
OFFICE OF HEALTH AFFAIRS 
For necessary expenses of the Office of Health Affairs, 
$157,191,000, of which $29,210,000 is for salaries and ex-
penses; and of which $127,981,000 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 adminis-
tration of the Federal Emergency Management Agency, 
$837,437,000, including activities authorized by the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), 
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121 et seq.), the Earthquake Haz-
ards 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 Emer-
gency Management Reform Act of 2006 (Public Law 109–
234 
295; 120 Stat. 1394): Provided, That not to exceed $3,000 
shall be for official reception 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 $10,000,000 shall not be 
available for obligation until the Secretary of Homeland Se-
curity, in coordination with the Administrator of the Fed-
eral Emergency Management Agency, certifies and reports 
to the Committees on Appropriations of the Senate and the 
House of Representatives that processes to incorporate 
stakeholder input for grant guidance development and 
award distribution have been: (1) developed to ensure trans-
parency and increased consultation about security needs for 
all-hazards; (2) formalized and made clear to stakeholders; 
and (3) formalized to ensure future use for each fiscal year: 
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 further, 
That of the total amount made available under this head-
ing, $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; $2,200,000 shall 
be for the Pacific Region Homeland Security Center, Hono-
235 
lulu, Hawaii; and $5,000,000 shall be for the State of North 
Carolina, and $2,425,000 shall be for the Commonwealth 
of Kentucky, as detailed in the statement accompanying 
this Act; and $6,342,000 shall be for the Office of National 
Capital Region Coordination: Provided further, That for 
purposes of planning, coordination, execution, and deci-
sion-making related to mass evacuation during a disaster, 
the Governors of the State of West Virginia and the Com-
monwealth of Pennsylvania, or their designees, shall be in-
corporated into efforts to integrate the activities of Federal, 
State, and local governments in the National Capital Re-
gion, as defined in section 882 of Public Law 107–296, the 
Homeland Security Act of 2002. 
STATE AND LOCAL PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For grants, contracts, cooperative agreements, and 
other activities, $3,105,700,000 shall be allocated as follows: 
(1) $950,000,000 shall be for the State Homeland 
Security Grant Program under section 2004 of the 
Homeland Security Act of 2002 (6 U.S.C. 605): Pro-
vided, 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
236 
provided to the Commonwealth of Puerto Rico under 
this paragraph in accordance with subsection (c)(1) 
of such section 2004. 
(2) $837,500,000 shall be for the Urban Area Se-
curity Initiative under section 2003 of the Homeland 
Security Act of 2002 (6 U.S.C. 604), of which, not-
withstanding 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 Rev-
enue Code of 1986 and exempt from tax section 
501(a) of such code) determined by the Secretary of 
Homeland Security to be at high risk of a terrorist 
attack. 
(3) $35,000,000 shall be for Regional Cata-
strophic Preparedness Grants. 
(4) $41,000,000 shall be for the Metropolitan 
Medical Response System under section 635 of the 
Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 723). 
(5) $15,000,000 shall be for the Citizen Corp 
Program. 
(6) $400,000,000 shall be for Public Transpor-
tation Security Assistance and Railroad Security As-
sistance under sections 1406 and 1513 of the Imple-
menting Recommendations of the 9/11 Commission
237 
Act of 2007 (Public Law 110–53; 6 U.S.C. 1135 and 
1163), of which not less than $25,000,000 shall be for 
Amtrak security: Provided, That there shall be no cost 
share requirement for funds made available under 
this paragraph and made available for these same 
purposes in Public Law 110–161: Provided further, 
That such public transportation security assistance 
shall be provided directly to public transportation 
agencies. 
(7) $400,000,000 shall be for Port Security 
Grants in accordance with 46 U.S.C. 70107. 
(8) $12,000,000 shall be for Over-the-Road Bus 
Security Assistance under section 1532 of the Imple-
menting Recommendations of the 9/11 Commission 
Act of 2007 (Public Law 110–53; 6 U.S.C. 1182). 
(9) $8,000,000 shall be for Trucking Industry 
Security Grants. 
(10) $50,000,000 shall be for Buffer Zone Protec-
tion Program Grants. 
(11) $8,000,000 shall be for the Commercial 
Equipment Direct Assistance Program. 
(12) $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).
238 
(13) $35,000,000 shall remain available until ex-
pended, for grants for Emergency Operations Centers 
under section 614 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5196c), as detailed in the statement accompanying 
this Act. 
(14) $264,200,000 shall be for training, exercises, 
technical assistance, and other programs, of which— 
(A) $164,500,000 is for purposes of training 
in accordance with section 1204 of the Imple-
menting Recommendations of the 9/11 Commis-
sion Act of 2007 (6 U.S.C. 1102), of which 
$62,500,000 shall be for the Center for Domestic 
Preparedness; $23,000,000 shall be for the Na-
tional Energetic Materials Research and Testing 
Center, New Mexico Institute of Mining and 
Technology; $23,000,000 shall be for the National 
Center for Biomedical Research and Training, 
Louisiana State University; $23,000,000 shall be 
for the National Emergency Response and Res-
cue Training Center, Texas A&M University; 
$23,000,000 shall be for the National Exercise, 
Test, and Training Center, Nevada Test Site; 
$5,000,000 shall be for the Transportation Tech-
nology Center, Incorporated, in Pueblo, Colo-
239 
rado; and $5,000,000 shall be for the National 
Disaster Preparedness Training Center, Univer-
sity of Hawaii, Honolulu, Hawaii; and 
(B) 
$1,700,000 
for 
the 
Center 
for 
Counterterrorism and Cyber Crime, Norwich 
University, Northfield, Vermont: 
Provided, That not to exceed 3 percent of the amounts pro-
vided under this heading may be transferred to the Federal 
Emergency Management Agency ‘‘Management and Admin-
istration’’ account for program administration, and an ex-
penditure plan for program administration shall be pro-
vided to the Committees on Appropriations of the Senate 
and the House of Representatives within 60 days of the date 
of enactment of this Act: Provided further, That for grants 
under paragraphs (1) through (5), 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 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 applica-
tion: Provided further, That for grants under paragraphs 
(6) through (10) and (12), the applications for grants shall 
be made available to eligible applicants not later than 30 
days after the date of enactment of this Act, that eligible
240 
applicants shall submit applications 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 application: Provided further, That for grants 
under paragraphs (1) and (2), the installation of commu-
nications towers is not considered construction of a building 
or other physical facility: Provided further, That grantees 
shall provide reports on their use of funds, as determined 
necessary by the Secretary: Provided further, That (a) the 
Center for Domestic Preparedness may provide training 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 interfere with the primary mis-
sion of the Center to train State and local emergency re-
sponse providers: Provided further, That the Government 
Accountability Office shall report to the Committees on Ap-
propriations of the Senate and the House of Representatives 
regarding the data, assumptions, and methodology that the
241 
Department of Homeland Security uses to assess risk and 
allocate grants under the Urban Area Security Initiative 
and State Homeland Security Grant Program not later 
than 45 days after the date of enactment of this Act: Pro-
vided 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 usefulness of placing States and cities into 
tier groups, and the allocation of grants to eligible locations: 
Provided further, That the Department provide the Govern-
ment Accountability Office with the actual data that the 
Department used for its risk assessment and grant alloca-
tion: Provided further, That the Department provide the 
Government Accountability Office with access to all data 
needed for its analysis and report, including specifics on 
all changes for the fiscal year 2009 process, including, but 
not limited to, all changes in data, assumptions, and 
weights used in methodology within 7 days after the date 
of enactment of this Act: Provided further, That any subse-
quent changes made regarding the risk methodology after 
the initial information is provided to the Government Ac-
countability Office shall be provided within 7 days after 
the change is made.
242 
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.), $775,000,000, of which $565,000,000 shall be 
available to carry out section 33 of that Act (15 U.S.C. 
2229) and $210,000,000 shall be available to carry out sec-
tion 34 of that Act (15 U.S.C. 2229a), to remain available 
until September 30, 2010: Provided, That not to exceed 5 
percent of the amount available under this heading shall 
be available for program administration, and an expendi-
ture plan for program administration shall be provided to 
the Committees on Appropriations of the Senate and the 
House of Representatives within 60 days of the date of en-
actment of this Act. 
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 Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc-
tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza-
tion Plan No. 3 of 1978 (5 U.S.C. App.), $315,000,000: Pro-
vided, That total administrative costs shall not exceed 3 
percent of the total amount appropriated under this head-
ing.
243 
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 
The aggregate charges assessed during fiscal year 2009, 
as authorized in title III of the Departments of Veterans 
Affairs and Housing and Urban Development, and Inde-
pendent 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 Security nec-
essary for its radiological emergency preparedness 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 fur-
ther, That fees received under this heading shall be deposited 
in this account as offsetting collections 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 U.S.C. 
2201 et seq.) and the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.), $44,979,000.
244 
DISASTER RELIEF 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in carrying out the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), $1,400,000,000, to remain available 
until expended: Provided, That the Federal Emergency 
Management Agency shall submit an expenditure plan to 
the Committees on Appropriations of the Senate and the 
House of Representatives detailing the use of the funds for 
disaster readiness and support within 60 days after the date 
of enactment of this Act: Provided further, That the Federal 
Emergency Management Agency shall provide a quarterly 
report detailing obligations against the expenditure plan 
and a justification for any changes in spending: Provided 
further, That of the total amount provided, $16,000,000 
shall be transferred to the Department of Homeland Secu-
rity Office of Inspector General for audits and investiga-
tions related to disasters, subject to section 503 of this Act: 
Provided further, That up to $105,600,000 may be trans-
ferred to Federal Emergency Management Agency ‘‘Man-
agement and Administration’’ for management and admin-
istration functions: Provided further, That the amount pro-
vided in the previous proviso shall not be available for 
transfer to ‘‘Management and Administration’’ until the 
Federal Emergency Management Agency submits an imple-
245 
mentation plan to the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further, 
That the Federal Emergency Management Agency shall sub-
mit the monthly ‘‘Disaster Relief’’ report, as specified in 
Public Law 110–161, to the Committees on Appropriations 
of the Senate and the House of Representatives, and include 
the amounts provided to each Federal agency for mission 
assignments: Provided further, That for any request for re-
imbursement from a Federal agency to the Department of 
Homeland Security to cover expenditures under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.), or any mission assignment orders 
issued by the Department for such purposes, the Secretary 
of Homeland Security shall take appropriate steps to ensure 
that each agency is periodically reminded of Department 
policies on— 
(1) the detailed information required in sup-
porting documentation for reimbursements; and 
(2) the necessity for timeliness of agency billings. 
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT 
For activities under section 319 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5162), $295,000 is for the cost of direct loans: Pro-
vided, That gross obligations for the principal amount of 
direct loans shall not exceed $25,000,000: Provided further, 
That the cost of modifying such loans shall be as defined
246 
in section 502 of the Congressional Budget Act of 1974 (2 
U.S.C. 661a). 
FLOOD MAP MODERNIZATION FUND 
For necessary expenses under section 1360 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4101), 
$220,000,000, and such additional sums as may be pro-
vided by State and local governments or other political sub-
divisions for cost-shared mapping activities under section 
1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 
available until expended: Provided, That total administra-
tive costs shall not exceed 3 percent of the total amount ap-
propriated under this heading. 
NATIONAL FLOOD INSURANCE FUND 
For activities under the National Flood Insurance Act 
of 1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster 
Protection Act of 1973 (42 U.S.C. 4001 et seq.), 
$156,599,000, which shall be derived from offsetting collec-
tions assessed and collected under section 1308(d) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), 
which is available as follows: (1) not to exceed $49,418,000 
for salaries and expenses associated with flood mitigation 
and flood insurance operations; and (2) no less than 
$107,181,000 for flood plain management and flood map-
ping, which shall remain available until September 30, 
2010: Provided, That any additional fees collected pursuant 
to section 1308(d) of the National Flood Insurance Act of
247 
1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting 
collection to this account, to be available for flood plain 
management and flood mapping: Provided further, That in 
fiscal year 2009, no funds shall be available from the Na-
tional Flood Insurance Fund under section 1310 of that Act 
(42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating 
expenses; (2) $869,905,000 for commissions and taxes of 
agents; (3) such sums as are necessary for interest on Treas-
ury borrowings; and (4) $125,700,000, which shall remain 
available until expended for flood mitigation actions, of 
which $80,000,000 is for severe repetitive loss properties 
under section 1361A of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4102a), of which $10,000,000 is for re-
petitive insurance claims properties under section 1323 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4030), 
and of which $35,700,000 is for flood mitigation assistance 
under section 1366 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c) notwithstanding subparagraphs 
(B) and (C) of subsection (b)(3) and subsection (f) of section 
1366 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104c) and notwithstanding subsection (a)(7) of sec-
tion 1310 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4017): Provided further, That amounts collected 
under section 102 of the Flood Disaster Protection Act of 
1973 and section 1366(i) of the National Flood Insurance
248 
Act of 1968 shall be deposited in the National Flood Insur-
ance Fund to supplement other amounts specified as avail-
able for section 1366 of the National Flood Insurance Act 
of 1968, notwithstanding 42 U.S.C. 4012a(f)(8), 4104c(i), 
and 4104d(b)(2)-(3): Provided further, That total adminis-
trative costs shall not exceed 4 percent of the total appro-
priation. 
NATIONAL PREDISASTER MITIGATION FUND 
For the predisaster mitigation grant program under 
section 203 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133), $90,000,000, 
to remain available until expended and as detailed in the 
statement accompanying this Act: Provided, That the total 
administrative costs associated with such grants shall not 
exceed 3 percent of the total amount made available under 
this heading. 
EMERGENCY FOOD AND SHELTER 
To carry out the emergency food and shelter program 
pursuant to title III of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11331 et seq.), $200,000,000, to re-
main available until expended: Provided, That total admin-
istrative costs shall not exceed 3.5 percent of the total 
amount made available under this heading.
249 
CERRO GRANDE FIRE CLAIMS 
(RESCISSION OF FUNDS) 
Of the funds made available under this heading for 
obligation in prior years, $9,000,000 are rescinded. 
TITLE IV 
RESEARCH AND DEVELOPMENT, TRAINING, AND 
SERVICES 
UNITED STATES CITIZENSHIP AND IMMIGRATION 
SERVICES 
For necessary expenses for citizenship and immigra-
tion services, $101,740,000, of which $100,000,000 is for the 
E-Verify program to assist United States employers with 
maintaining a legal workforce: Provided, That notwith-
standing any other provision of law, funds available to 
United States Citizenship and Immigration Services may 
be used to acquire, operate, equip, dispose of and replace 
up to five vehicles, of which two are for replacement only, 
for areas where the Administrator of General Services does 
not provide vehicles for lease: Provided further, That the 
Director of United States Citizenship and Immigration 
Services may authorize employees who are assigned to those 
areas to use such vehicles between the employees’ residences 
and places of employment.
250 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforce-
ment Training Center, including materials and support 
costs of Federal law enforcement basic training; the pur-
chase of not to exceed 117 vehicles for police-type use and 
hire of passenger motor vehicles; expenses for student ath-
letic and related activities; the conduct of and participation 
in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law 
enforcement training; room and board for student interns; 
a flat monthly reimbursement to employees authorized to 
use personal mobile phones for official duties; and services 
as authorized by section 3109 of title 5, United States Code; 
$246,530,000, of which up to $48,611,000 shall remain 
available until September 30, 2010, for materials and sup-
port costs of Federal law enforcement basic training; of 
which $300,000 shall remain available until expended for 
Federal law enforcement agencies participating in training 
accreditation, to be distributed as determined by the Fed-
eral Law Enforcement Training Center for the needs of par-
ticipating agencies; and of which not to exceed $12,000 shall 
be for official reception and representation expenses: Pro-
vided, That the Center is authorized to obligate funds in 
anticipation of reimbursements from agencies receiving
251 
training sponsored by the Center, except that total obliga-
tions at the end of the fiscal year shall not exceed total budg-
etary resources available at the end of the fiscal year: Pro-
vided further, That section 1202(a) of Public Law 107–206 
(42 U.S.C. 3771 note), as amended by Public Law 110– 
161 (121 Stat. 2068), is further amended by striking ‘‘De-
cember 31, 2010’’ and inserting ‘‘December 31, 2011’’: Pro-
vided further, That the Federal Law Enforcement Training 
Accreditation Board, including representatives from the 
Federal law enforcement community and non-Federal ac-
creditation experts involved in law enforcement training, 
shall lead the Federal law enforcement training accredita-
tion process to continue the implementation of measuring 
and assessing the quality and effectiveness of Federal law 
enforcement training programs, facilities, and instructors: 
Provided further, That the Director of the Federal Law En-
forcement Training Center shall schedule basic or advanced 
law enforcement training, or both, at all four training fa-
cilities under the control of the Federal Law Enforcement 
Training Center to ensure that such training facilities are 
operated at the highest capacity throughout the fiscal year. 
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND 
RELATED EXPENSES 
For acquisition of necessary additional real property 
and facilities, construction, and ongoing maintenance, fa-
cility improvements, and related expenses of the Federal
252 
Law Enforcement Training Center, $86,456,000, to remain 
available until expended: Provided, That the Center is au-
thorized to accept reimbursement to this appropriation 
from government agencies requesting the construction of 
special use facilities: Provided further, That $3,000,000 is 
for construction of training and related facilities at Artesia, 
New Mexico. 
SCIENCE AND TECHNOLOGY 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Office of the Under 
Secretary for Science and Technology and for management 
and administration of programs and activities, as author-
ized by title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.), $132,100,000: Provided, That not to 
exceed $10,000 shall be for official reception and representa-
tion expenses. 
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS 
For necessary expenses for science and technology re-
search, including advanced research projects; development; 
test and evaluation; acquisition; and operations; as author-
ized by title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.); $800,487,000, to remain available until 
expended: Provided, That not less than $27,000,000 shall 
be available for the Southeast Region Research Initiative 
at the Oak Ridge National Laboratory: Provided further,
253 
That not less than $3,000,000 shall be available for Distrib-
uted Environment for Critical Infrastructure Decision-
making Exercises: Provided further, That of the amount 
provided, $25,000,000 is for construction expenses of the 
Pacific Northwest National Laboratory: Provided further, 
That not less than $11,000,000 shall be available for the 
National Institute for Hometown Security: Provided fur-
ther, That not less than $2,000,000 shall be available for 
the Naval Postgraduate School: Provided further, That not 
less than $2,000,000 shall be available to establish a home-
land security research, development, and manufacturing 
pilot project: Provided further, That none of the funds made 
available under this heading shall be obligated for a follow- 
on program to the Analysis, Dissemination, Visualization, 
Insight, and Semantic Enhancement program: Provided 
further, That none of the funds available under this heading 
shall be obligated for construction of a National Bio and 
Agro-defense Facility located on the United States main-
land until the Secretary of Homeland Security completes 
a risk assessment of whether foot-and-mouth disease work 
can be done safely on the United States mainland and this 
assessment is reviewed by the Government Accountability 
Office: Provided further, That the Government Account-
ability Office shall complete its review within 6 months 
after the Department concludes the risk assessment.
254 
DOMESTIC NUCLEAR DETECTION OFFICE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Domestic Nuclear De-
tection Office as authorized by title XIX of the Homeland 
Security Act of 2002 (6 U.S.C. 591 et seq.) for management 
and 
administration 
of 
programs 
and 
activities, 
$37,500,000: Provided, That not to exceed $3,000 shall be 
for official reception and representation expenses. 
RESEARCH, DEVELOPMENT, AND OPERATIONS 
For necessary expenses for radiological and nuclear re-
search, development, testing, evaluation, and operations, 
$323,200,000, to remain available until expended. 
SYSTEMS ACQUISITION 
For expenses for the Domestic Nuclear Detection Office 
acquisition and deployment of radiological detection sys-
tems in accordance with the global nuclear detection archi-
tecture, $153,491,000, to remain available until September 
30, 2011: Provided, That none of the funds appropriated 
under this heading shall be obligated for full-scale procure-
ment of Advanced Spectroscopic Portal monitors until the 
Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives a report certifying that a significant increase 
in operational effectiveness will be achieved: Provided fur-
ther, That the Secretary shall submit separate and distinct 
certifications prior to the procurement of Advanced
255 
Spectroscopic Portal monitors for primary and secondary 
deployment that address the unique requirements for oper-
ational effectiveness of each type of deployment: Provided 
further, That the Secretary shall consult with the National 
Academy of Sciences before making such certifications: Pro-
vided further, That none of the funds appropriated under 
this heading shall be used for high-risk concurrent develop-
ment and production of mutually dependent software and 
hardware. 
TITLE V 
GENERAL PROVISIONS 
(INCLUDING RESCISSIONS OF FUNDS) 
SEC. 501. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 502. Subject to the requirements of section 503 
of this Act, the unexpended balances of prior appropriations 
provided for activities in this Act may be transferred to 
appropriation accounts for such activities established pur-
suant to this Act, may be merged with funds in the applica-
ble established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally en-
acted. 
SEC. 503. (a) None of the funds provided by this Act, 
provided by previous appropriations Acts to the agencies
256 
in or transferred to the Department of Homeland Security 
that remain available for obligation or expenditure in fiscal 
year 2009, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees avail-
able to the agencies funded by this Act, shall be available 
for obligation or expenditure through a reprogramming of 
funds that: (1) creates a new program, project, or activity; 
(2) eliminates a program, project, office, or activity; (3) in-
creases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by ei-
ther of the Committees on Appropriations of the Senate or 
the House of Representatives for a different purpose; or (5) 
contracts out any function or activity for which funding 
levels were requested for Federal full-time equivalents in the 
object classification tables contained in the fiscal year 2009 
Budget Appendix for the Department of Homeland Secu-
rity, as modified by the explanatory statement accom-
panying this Act, unless the Committees on Appropriations 
of the Senate and the House of Representatives are notified 
15 days in advance of such reprogramming of funds. 
(b) None of the funds provided by this Act, provided 
by previous appropriations Acts to the agencies in or trans-
ferred to the Department of Homeland Security that remain 
available for obligation or expenditure in fiscal year 2009,
257 
or provided from any accounts in the Treasury of the 
United States derived by the collection of fees or proceeds 
available to the agencies funded by this Act, shall be avail-
able for obligation or expenditure for programs, projects, 
or activities through a reprogramming of funds in excess 
of $5,000,000 or 10 percent, whichever is less, that: (1) aug-
ments existing programs, projects, or activities; (2) reduces 
by 10 percent funding for any existing program, project, 
or activity, or numbers of personnel by 10 percent as ap-
proved by the Congress; or (3) results from any general sav-
ings from a reduction in personnel that would result in a 
change in existing programs, projects, or activities as ap-
proved by the Congress, unless the Committees on Appro-
priations of the Senate and the House of Representatives 
are notified 15 days in advance of such reprogramming of 
funds. 
(c) Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Homeland Security by this Act or provided by previous ap-
propriations Acts may be transferred between such appro-
priations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer 
under this section shall be treated as a reprogramming of 
funds under subsection (b) and shall not be available for
258 
obligation unless the Committees on Appropriations of the 
Senate and the House of Representatives are notified 15 
days in advance of such transfer. 
(d) Notwithstanding subsections (a), (b), and (c) of 
this section, no funds shall be reprogrammed within or 
transferred between appropriations after June 30, except in 
extraordinary circumstances that imminently threaten the 
safety of human life or the protection of property. 
(e) Within 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall submit to 
the Committees on Appropriations of the Senate and the 
House of Representatives a report listing all dollar amounts 
specified in this Act and accompanying explanatory state-
ment that are identified in the detailed funding table at 
the end of the explanatory statement accompanying this Act 
or any other amounts specified in this Act or accompanying 
explanatory statement: Provided, That such dollar amounts 
specified in this Act and accompanying explanatory state-
ment shall be subject to the conditions and requirements of 
subsections (a), (b), and (c) of this section. 
SEC. 504. The Department of Homeland Security 
Working Capital Fund, established pursuant to section 403 
of Public Law 103–356 (31 U.S.C. 501 note), shall continue 
operations as a permanent working capital fund for fiscal 
year 2009: Provided, That none of the funds appropriated
259 
or otherwise made available to the Department of Home-
land Security may be used to make payments to the Work-
ing Capital Fund, except for the activities and amounts al-
lowed in the President’s fiscal year 2009 budget: Provided 
further, That funds provided to the Working Capital Fund 
shall be available for obligation until expended to carry out 
the purposes of the Working Capital Fund: Provided fur-
ther, That all departmental components shall be charged 
only for direct usage of each Working Capital Fund service: 
Provided further, That funds provided to the Working Cap-
ital Fund shall be used only for purposes consistent with 
the contributing component: Provided further, That such 
fund shall be paid in advance or reimbursed at rates which 
will return the full cost of each service: Provided further, 
That the Working Capital Fund shall be subject to the re-
quirements of section 503 of this Act. 
SEC. 505. Except as otherwise specifically provided by 
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 2009 from ap-
propriations for salaries and expenses for fiscal year 2009 
in this Act shall remain available through September 30, 
2010, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the 
obligation of such funds, a request shall be submitted to the 
Committees on Appropriations of the Senate and the House
260 
of Representatives for approval in accordance with section 
503 of this Act. 
SEC. 506. Funds made available by this Act for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2009 until the enactment of an Act authorizing intelligence 
activities for fiscal year 2009. 
SEC. 507. None of the funds made available by this 
Act may be used to make a grant allocation, discretionary 
grant award, discretionary contract award, or to issue a 
letter of intent totaling in excess of $1,000,000, or to an-
nounce publicly the intention to make such an award, in-
cluding a contract covered by the Federal Acquisition Regu-
lation, unless the Secretary of Homeland Security notifies 
the Committees on Appropriations of the Senate and the 
House of Representatives at least 3 full business days in 
advance of making such an award or issuing such a letter: 
Provided, That if the Secretary of Homeland Security de-
termines that compliance with this section would pose a 
substantial risk to human life, health, or safety, an award 
may be made without notification and the Committees on 
Appropriations of the Senate and the House of Representa-
tives shall be notified not later than 5 full business days 
after such an award is made or letter issued: Provided fur-
261 
ther, That no notification shall involve funds that are not 
available for obligation: Provided further, That the notifica-
tion shall include the amount of the award, the fiscal year 
in which the funds for the award were appropriated, and 
the account from which the funds are being drawn: Pro-
vided further, That the Federal Emergency Management 
Agency shall brief the Committees on Appropriations of the 
Senate and the House of Representatives 5 full business 
days in advance of announcing publicly the intention of 
making an award under the State Homeland Security 
Grant Program; Urban Area Security Initiative; and the 
Regional Catastrophic Preparedness Grant Program. 
SEC. 508. Notwithstanding any other provision of law, 
no agency shall purchase, construct, or lease any additional 
facilities, except within or contiguous to existing locations, 
to be used for the purpose of conducting Federal law enforce-
ment training without the advance approval of the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use 
of additional facilities by lease, contract, or other agreement 
for training which cannot be accommodated in existing 
Center facilities. 
SEC. 509. None of the funds appropriated or otherwise 
made available by this Act may be used for expenses for
262 
any construction, repair, alteration, or acquisition project 
for which a prospectus otherwise required under chapter 33 
of title 40, United States Code, has not been approved, ex-
cept that necessary funds may be expended for each project 
for required expenses for the development of a proposed pro-
spectus. 
SEC. 510. Sections 519, 520, 522, 528, 530, and 531 
of the Department of Homeland Security Appropriations 
Act, 2008 (division E of Public Law 110–161; 121 Stat. 
2072, 2073, 2074, 2082) shall apply with respect to funds 
made available in this Act in the same manner as such 
sections applied to funds made available in that Act. 
SEC. 511. None of the funds in this Act may be used 
in contravention of the applicable provisions of the Buy 
American Act (41 U.S.C. 10a et seq.). 
SEC. 512. (a) None of the funds provided by this or 
previous appropriations Acts may be obligated for deploy-
ment or implementation, on other than a test basis, of the 
Secure Flight program or any other follow-on or successor 
passenger prescreening program, until the Secretary of 
Homeland Security certifies, and the Government Account-
ability Office reports, to the Committees on Appropriations 
of the Senate and the House of Representatives, that all ten 
of the conditions contained in paragraphs (1) through (10)
263 
of section 522(a) of Public Law 108–334 (118 Stat. 1319) 
have been successfully met. 
(b) The report required by subsection (a) shall be sub-
mitted within 90 days after the Secretary provides the req-
uisite certification, and periodically thereafter, if necessary, 
until the Government Accountability Office confirms that 
all ten conditions have been successfully met. 
(c) Within 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall submit to 
the Committees on Appropriations of the Senate and the 
House of Representatives a detailed plan that describes: (1) 
the dates for achieving key milestones, including the date 
or timeframes that the Secretary will certify the program 
under subsection (a); and (2) the methodology to be followed 
to support the Secretary’s certification, as required under 
subsection (a). 
(d) During the testing phase permitted by subsection 
(a), no information gathered from passengers, foreign or do-
mestic air carriers, or reservation systems may be used to 
screen aviation passengers, or delay or deny boarding to 
such passengers, except in instances where passenger names 
are matched to a Government watch list. 
(e) None of the funds provided in this or previous ap-
propriations Acts may be utilized to develop or test algo-
264 
rithms assigning risk to passengers whose names are not 
on Government watch lists. 
(f) None of the funds provided in this or any other 
Act may be used for data or a database that is obtained 
from or remains under the control of a non-Federal entity: 
Provided, That this restriction shall not apply to Passenger 
Name Record data obtained from air carriers. 
SEC. 513. None of the funds made available in this 
Act may be used to amend the oath of allegiance required 
by section 337 of the Immigration and Nationality Act (8 
U.S.C. 1448). 
SEC. 514. None of the funds appropriated by this Act 
may be used to process or approve a competition under Of-
fice of Management and Budget Circular A–76 for services 
provided as of June 1, 2004, by employees (including em-
ployees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Depart-
ment of Homeland Security who are known as of that date 
as Immigration Information Officers, Contact Representa-
tives, or Investigative Assistants. 
SEC. 515. (a) The Secretary of Homeland Security 
shall research, develop, and procure new technologies to in-
spect and screen air cargo carried on passenger aircraft by 
the earliest date possible.
265 
(b) Existing checked baggage explosive detection equip-
ment and screeners shall be utilized to screen air cargo car-
ried on passenger aircraft to the greatest extent practicable 
at each airport until technologies developed under sub-
section (a) are available. 
(c) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall work with 
air carriers and airports to ensure that the screening of 
cargo carried on passenger aircraft, as defined in section 
44901(g)(5) of title 49, United States Code, increases incre-
mentally each quarter. 
(d) Not later than 45 days after the end of each quar-
ter, the Assistant Secretary shall submit to the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives a report on air cargo inspection statistics by 
airport and air carrier detailing the incremental progress 
being made to meet the requirements of section 44901(g)(2) 
of title 49, United States Code. 
SEC. 516. Except as provided in section 44945 of title 
49, United States Code, funds appropriated or transferred 
to Transportation Security Administration ‘‘Aviation Se-
curity’’, ‘‘Administration’’ and ‘‘Transportation Security 
Support’’ for fiscal years 2004, 2005, 2006, and 2007 that 
are recovered or deobligated shall be available only for the 
procurement or installation of explosives detection systems,
266 
for air cargo, baggage, and checkpoint screening systems, 
subject to notification: Provided, That quarterly reports 
shall be submitted to the Committees on Appropriations of 
the Senate and the House of Representatives on any funds 
that are recovered or deobligated. 
SEC. 517. Any funds appropriated to United States 
Coast Guard, ‘‘Acquisition, Construction, and Improve-
ments’’ for fiscal years 2002, 2003, 2004, 2005, and 2006 
for the 110–123 foot patrol boat conversion that are recov-
ered, collected, or otherwise received as the result of negotia-
tion, mediation, or litigation, shall be available until ex-
pended for the Replacement Patrol Boat (FRC-B) program. 
SEC. 518. (a)(1) Except as provided in paragraph (2), 
none of the funds provided in this or any other Act shall 
be available to commence or continue operations of the Na-
tional Applications Office until— 
(A) the Secretary certifies in fiscal year 2009 
that: (i) National Applications Office programs com-
ply with all existing laws, including all applicable 
privacy and civil liberties standards; and, (ii) that 
clear definitions of all proposed domains are estab-
lished and are auditable; 
(B) the Comptroller General of the United States 
notifies the Committees on Appropriations of the Sen-
ate and the House of Representatives and the Sec-
267 
retary that the Comptroller has reviewed such certifi-
cation; and 
(C) the Secretary notifies the Committees of all 
funds to be expended on the National Applications 
Office pursuant to section 503 of this Act. 
(2) Paragraph (1) shall not apply with respect to any 
use of funds for activities substantially similar to such ac-
tivities conducted by the Department of the Interior as set 
forth in the 1975 charter for the Civil Applications Com-
mittee under the provisions of law codified at section 31 
of title 43, United States Code. 
(b) The Inspector General shall provide to the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives, starting six months after the date of enactment 
of this Act, and quarterly thereafter, a classified report con-
taining a review of the data collected by the National Appli-
cations Office, including a description of the collection pur-
poses and the legal authority under which the collection ac-
tivities were authorized: Provided, That the report shall also 
include a listing of all data collection activities carried out 
on behalf of the National Applications Office by any compo-
nent of the National Guard. 
(c) None of the funds provided in this or any other 
Act shall be available to commence operations of the Na-
tional Immigration Information Sharing Operation until
268 
the Secretary certifies that such program complies with all 
existing laws, including all applicable privacy and civil lib-
erties standards, the Comptroller General of the United 
States notifies the Committees on Appropriations of the 
Senate and House of Representatives and the Secretary that 
the Comptroller has reviewed such certification, and the 
Secretary notifies the Committees on Appropriations of the 
Senate and the the House of Representatives of all funds 
to be expended on the National Immigration Information 
Sharing Operation pursuant to section 503. 
SEC. 519. Within 45 days after the close of each month, 
the Chief Financial Officer of the Department of Homeland 
Security shall submit to the Committees on Appropriations 
of the Senate and the House of Representatives a monthly 
budget and staffing report that includes total obligations, 
on-board versus funded full-time equivalent staffing levels, 
and the number of contract employees by office. 
SEC. 520. Section 532(a) of Public Law 109–295 (120 
Stat. 1384) is amended by striking ‘‘2008’’ and inserting 
‘‘2009’’. 
SEC. 521. The functions of the Federal Law Enforce-
ment Training Center instructor staff shall be classified as 
inherently governmental for the purpose of the Federal Ac-
tivities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
269 
SEC. 522. (a) None of the funds provided by this or 
any other Act may be obligated for the development, testing, 
deployment, or operation of any portion of a human re-
sources management system authorized by 5 U.S.C. 
9701(a), or by regulations prescribed pursuant to such sec-
tion, for an employee as defined in 5 U.S.C. 7103(a)(2). 
(b) The Secretary of Homeland Security shall collabo-
rate with employee representatives in the manner prescribed 
in 5 U.S.C. 9701(e), in the planning, testing, and develop-
ment of any portion of a human resources management sys-
tem that is developed, tested, or deployed for persons ex-
cluded from the definition of employee as that term is de-
fined in 5 U.S.C. 7103(a)(2). 
SEC. 523. In fiscal year 2009, none of the funds made 
available in this or any other Act may be used to enforce 
section 4025(1) of Public Law 108–458 unless the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration) reverses the determination of July 19, 
2007, that butane lighters are not a significant threat to 
civil aviation security. 
SEC. 524. Funds made available in this Act may be 
used to alter operations within the Civil Engineering Pro-
gram of the Coast Guard nationwide, including civil engi-
neering units, facilities design and construction centers, 
maintenance and logistics commands, and the Coast Guard
270 
Academy, except that none of the funds provided in this 
Act may be used to reduce operations within any Civil En-
gineering Unit unless specifically authorized by a statute 
enacted after the date of the enactment of this Act. 
SEC. 525. (a) Except as provided in subsection (b), 
none of the funds appropriated in this or any other Act 
to the Office of the Secretary and Executive Management, 
the Office of the Under Secretary for Management, or the 
Office of the Chief Financial Officer, may be obligated for 
a grant or contract funded under such headings by a means 
other than full and open competition. 
(b) Subsection (a) does not apply to obligation of funds 
for a contract awarded— 
(1) by a means that is required by a Federal 
statute, including obligation for a purchase made 
under a mandated preferential program, such as the 
AbilityOne Program, that is authorized under the 
Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.); 
(2) under the Small Business Act (15 U.S.C. 631 
et seq.); 
(3) in an amount less than the simplified acqui-
sition threshold described under section 302A(a) of the 
Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 252a(a)); or
271 
(4) by another Federal agency using funds pro-
vided through an interagency agreement. 
(c)(1) Subject to paragraph (2), the Secretary of 
Homeland Security may waive the application of this sec-
tion for the award of a contract in the interest of national 
security or if failure to do so would pose a substantial risk 
to human health or welfare. 
(2) Not later than 5 days after the date on which the 
Secretary of Homeland Security issues a waiver under this 
subsection, the Secretary shall submit notification of that 
waiver to the Committees on Appropriations of the Senate 
and the House of Representatives, including a description 
of the applicable contract and an explanation of why the 
waiver authority was used. The Secretary may not delegate 
the authority to grant such a waiver. 
(d) In addition to the requirements established by this 
section, the Inspector General for the Department of Home-
land Security shall review departmental contracts awarded 
through other than full and open competition to assess de-
partmental compliance with applicable laws and regula-
tions: Provided, That the Inspector General shall review se-
lected contracts awarded in the previous fiscal year through 
other than full and open competition: Provided further, 
That in determining which contracts to review, the Inspec-
tor General shall consider the cost and complexity of the
272 
goods and services to be provided under the contract, the 
criticality of the contract to fulfilling Department missions, 
past performance problems on similar contracts or by the 
selected vendor, complaints received about the award process 
or contractor performance, and such other factors as the In-
spector General deems relevant: Provided further, That the 
Inspector General shall report the results of the reviews to 
the Committees on Appropriations of the Senate and the 
House of Representatives. 
SEC. 526. None of the funds provided by this or pre-
vious appropriations Acts shall be used to fund any posi-
tion designated as a Principal Federal Official for any Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.) declared disasters or emer-
gencies. 
SEC. 527. None of the funds made available in this 
Act may be used by United States Citizenship and Immi-
gration Services to grant an immigration benefit unless the 
results of background checks required by law to be completed 
prior to the granting of the benefit have been received by 
United States Citizenship and Immigration Services, and 
the results do not preclude the granting of the benefit. 
SEC. 528. None of the funds made available in this 
Act may be used to destroy or put out to pasture any horse 
or other equine belonging to the Federal Government that
273 
has become unfit for service, unless the trainer or handler 
is first given the option to take possession of the equine 
through an adoption program that has safeguards against 
slaughter and inhumane treatment. 
SEC. 529. None of the funds provided in this Act shall 
be available to carry out section 872 of Public Law 107– 
296. 
SEC. 530. None of the funds provided in this Act under 
the heading ‘‘Office of the Chief Information Officer’’ shall 
be used for data center development other than for the Na-
tional Center for Critical Information Processing and Stor-
age until the Chief Information Officer certifies that the Na-
tional Center for Critical Information Processing and Stor-
age is fully utilized as the Department’s primary data stor-
age center at the highest capacity throughout the fiscal year. 
SEC. 531. None of the funds in this Act shall be used 
to reduce the United States Coast Guard’s Operations Sys-
tems Center mission or its government-employed or contract 
staff levels. 
SEC. 532. None of the funds appropriated by this Act 
may be used to conduct, or to implement the results of, a 
competition under Office of Management and Budget Cir-
cular A–76 for activities performed with respect to the Coast 
Guard National Vessel Documentation Center.
274 
SEC. 533. The Secretary of Homeland Security shall 
require that all contracts of the Department of Homeland 
Security that provide award fees link such fees to successful 
acquisition outcomes (which outcomes shall be specified in 
terms of cost, schedule, and performance). 
SEC. 534. None of the funds made available to the Of-
fice of the Secretary and Executive Management under this 
Act may be expended for any new hires by the Department 
of Homeland Security that are not verified through the 
basic pilot program under section 401 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note). 
SEC. 535. None of the funds made available in this 
Act for U.S. Customs and Border Protection may be used 
to prevent an individual not in the business of importing 
a prescription drug (within the meaning of section 801(g) 
of the Federal Food, Drug, and Cosmetic Act) from import-
ing a prescription drug from Canada that complies with 
the Federal Food, Drug, and Cosmetic Act: Provided, That 
this section shall apply only to individuals transporting on 
their person a personal-use quantity of the prescription 
drug, not to exceed a 90-day supply: Provided further, That 
the prescription drug may not be—
275 
(1) a controlled substance, as defined in section 
102 of the Controlled Substances Act (21 U.S.C. 802); 
or 
(2) a biological product, as defined in section 
351 of the Public Health Service Act (42 U.S.C. 262). 
SEC. 536. None of the funds made available in this 
Act may be used by the Secretary of Homeland Security 
or any delegate of the Secretary to issue any rule or regula-
tion which implements the Notice of Proposed Rulemaking 
related to Petitions for Aliens To Perform Temporary Non-
agricultural Services or Labor (H–2B) set out beginning 
on 70 Fed. Reg. 3984 (January 27, 2005). 
SEC. 537. Section 831 of the Homeland Security Act 
of 2002 (6 U.S.C. 391) is amended— 
(1) in subsection (a), by striking ‘‘Until Sep-
tember 30, 2008,’’ and inserting ‘‘Until September 30, 
2009 and subject to subsection (d),’’; 
(2) by redesignating subsection (d) as subsection 
(e); and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) ADDITIONAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The authority of the Sec-
retary under this section shall terminate September 
30, 2009, unless before that date the Secretary—