H. R. 2638—95 
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 Directorate, support for 
operations, information technology, and the Office of Risk Manage-
ment and Analysis, $51,350,000: Provided, That not to exceed 
$5,000 shall be for official reception and representation expenses. 
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY 
For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized 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 necessary 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 program 
and $25,125,000 may not be obligated for the Next Generation 
Networks program until the Committees on Appropriations of the 
Senate and the House of Representatives receive and approve a 
plan for expenditure for that program 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: Provided further, That of the total amount provided, 
$2,000,000 is for Philadelphia infrastructure monitoring; $3,000,000 
is for protection of critical underground infrastructure 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 Protection, 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 Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), 
$300,000,000, to remain available 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 Appro-
priations of the Senate and the House of Representatives 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 services, system performance 
levels, mission benefits and outcomes, milestones, cost targets, 
and program management capabilities;
H. R. 2638—96 
(2) an explicit plan of action defining how all funds are 
to be obligated to meet future program commitments, with 
the planned expenditure of funds linked to the milestone-based 
delivery of specific capabilities, services, performance levels, 
mission benefits and outcomes, and program management 
capabilities; 
(3) a listing of all open Government Accountability Office 
and Office of Inspector General recommendations related to 
the program and the status of Department of Homeland Secu-
rity actions to address the recommendations, including mile-
stones 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 investment control requirements and reviews 
established 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 acquisition rules, require-
ments, guidelines, and practices; and (b) a description by the 
Chief Procurement Officer 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 valida-
tion agent is currently under contract for the project; (2) the 
system architecture of the program is sufficiently aligned with 
the information systems enterprise architecture of the Depart-
ment 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 align-
ment 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 communicates 
high-risk conditions to agency and Department investment deci-
sion 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 cur-
rent human capital capabilities are sufficient to execute the 
plans discussed in the report; 
(7) a complete schedule for the full implementation 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 maintenance, 
contractor services, and program costs associated 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 Representatives receive a report on pilot
H. R. 2638—97 
tests of the air exit solution, which shall be reviewed by the Govern-
ment Accountability 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 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 expenses; 
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 administration 
of the Federal Emergency Management Agency, $837,437,000, 
including activities 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 Reduction Act of 1977 (42 U.S.C. 7701 
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 
et seq.), sections 107 and 303 of the National Security Act of 
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 
(5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.), and the Post-Katrina Emergency Management Reform 
Act of 2006 (Public Law 109–295; 120 Stat. 1394): 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 obliga-
tion until the Secretary of Homeland Security, in coordination with 
the Administrator of the Federal Emergency Management Agency, 
certifies and reports to the Committees on Appropriations of the 
Senate and the House of Representatives that processes to incor-
porate stakeholder input for grant guidance development and award 
distribution have been: (1) developed to ensure transparency and 
increased consultation about security needs for all-hazards; (2) for-
malized 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 effectiveness of first responder grant programs: 
Provided further, That of the total amount made available under 
this heading, $32,500,000 shall be for the Urban Search and Rescue 
Response System, of which not to exceed $1,600,000 may be made 
available for administrative costs; $2,200,000 shall be for the Pacific 
Region Homeland Security Center, Honolulu, Hawaii, $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
H. R. 2638—98 
purposes of planning, coordination, execution, and decision-making 
related to mass evacuation during a disaster, the Governors of 
the State of West Virginia and the Commonwealth of Pennsylvania, 
or their designees, shall be incorporated into efforts to integrate 
the activities of Federal, State, and local governments in the 
National Capital Region, 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 activi-
ties, $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): Provided, That of the amount 
provided by this paragraph, $60,000,000 shall be for Operation 
Stonegarden: Provided further, That notwithstanding sub-
section (c)(4) of such section 2004, for fiscal year 2009, the 
Commonwealth of Puerto Rico shall make available to local 
and tribal governments amounts provided to the Common-
wealth 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 Security Ini-
tiative under section 2003 of the Homeland Security Act of 
2002 (6 U.S.C. 604), of which, notwithstanding subsection (c)(1) 
of such section, $15,000,000 shall be for grants to organizations 
(as described under section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax section 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 Catastrophic 
Preparedness Grants. 
(4) $41,000,000 shall be for the Metropolitan Medical 
Response System under section 635 of the Post-Katrina Emer-
gency Management Reform Act of 2006 (6 U.S.C. 723). 
(5) $15,000,000 shall be for the Citizen Corps Program. 
(6) $400,000,000 shall be for Public Transportation Security 
Assistance and Railroad Security Assistance under sections 
1406 and 1513 of the Implementing Recommendations of the 
9/11 Commission 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 para-
graph 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 transpor-
tation agencies. 
(7) $400,000,000 shall be for Port Security Grants in accord-
ance with 46 U.S.C. 70107. 
(8) $12,000,000 shall be for Over-the-Road Bus Security 
Assistance under section 1532 of the Implementing Rec-
ommendations 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.