[House Report 111-298]
[From the U.S. Government Printing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-298

======================================================================



 
        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010

                                _______
                                

                October 13, 2009.--Ordered to be printed

                                _______
                                

    Mr. Price of North Carolina, from the committee of conference, 
                        submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2892]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
2892), making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2010, and for 
other purposes, having met, after full and free conference, 
have agreed to recommend and do recommend to their respective 
Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the Department of 
Homeland Security for the fiscal year ending September 30, 
2010, and for other purposes, namely:

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of 
Homeland Security, as authorized by section 102 of the Homeland 
Security Act of 2002 (6 U.S.C. 112), and executive management 
of the Department of Homeland Security, as authorized by law, 
$147,818,000: Provided, That not to exceed $60,000 shall be for 
official reception and representation expenses, of which 
$20,000 shall be made available to the Office of Policy solely 
to host Visa Waiver Program negotiations in Washington, DC: 
Provided further, That $15,000,000 shall not be available for 
obligation for the Office of Policy until the Secretary submits 
an expenditure plan for the Office of Policy for fiscal year 
2010: Provided further, That all official costs associated with 
the use of government aircraft by Department of Homeland 
Security personnel to support official travel of the Secretary 
and the Deputy Secretary shall be paid from amounts made 
available for the Immediate Office of the Secretary and the 
Immediate Office of the Deputy Secretary.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary 
for Management, as authorized by sections 701 through 705 of 
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 
$254,190,000, of which not less than $1,000,000 shall be for 
logistics training; and of which not to exceed $3,000 shall be 
for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, 
$5,500,000 shall remain available until expended solely for the 
alteration and improvement of facilities, tenant improvements, 
and relocation costs to consolidate Department headquarters 
operations at the Nebraska Avenue Complex; and $17,131,000 
shall remain available until expended for the Human Resources 
Information Technology program.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), $60,530,000, of which $11,000,000 
shall remain available until expended for financial systems 
consolidation efforts: Provided, That of the total amount made 
available under this heading, $5,000,000 shall not be obligated 
until the Chief Financial Officer or an individual acting in 
such capacity submits a financial management improvement plan 
that addresses the recommendations outlined in the Department 
of Homeland Security Office of Inspector General report OIG-09-
72, including yearly measurable milestones, to the Committees 
on Appropriations of the Senate and the House of 
Representatives: Provided further, That the plan described in 
the preceding proviso shall be submitted not later than January 
4, 2010.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief 
Information Officer, as authorized by section 103 of the 
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $338,393,000; of which $86,912,000 
shall be available for salaries and expenses; and of which 
$251,481,000, to remain available until expended, shall be 
available for development and acquisition of information 
technology equipment, software, services, and related 
activities for the Department of Homeland Security: Provided, 
That of the total amount appropriated, not less than 
$82,788,000 shall be available for data center development, of 
which not less than $38,540,145 shall be available for power 
capabilities upgrades at Data Center One (National Center for 
Critical Information Processing and Storage): Provided further, 
That the Chief Information Officer shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, not more than 60 days after the date of 
enactment of this Act, an expenditure plan for all information 
technology acquisition projects that: (1) are funded under this 
heading; or (2) are funded by multiple components of the 
Department of Homeland Security through reimbursable 
agreements: Provided further, That such expenditure plan shall 
include each specific project funded, key milestones, all 
funding sources for each project, details of annual and 
lifecycle costs, and projected cost savings or cost avoidance 
to be achieved by the project.

                        Analysis and Operations

    For necessary expenses for intelligence analysis and 
operations coordination activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$335,030,000, of which not to exceed $5,000 shall be for 
official reception and representation expenses; and of which 
$190,862,000 shall remain available until September 30, 2011: 
Provided, That none of the funds provided in this or any other 
Act shall be available to commence operations of the National 
Immigration Information Sharing Operation or any follow-on 
entity until the Secretary certifies that such program complies 
with all existing laws, including all applicable privacy and 
civil liberties standards, the Comptroller General of the 
United States notifies the Committees on Appropriations of the 
Senate and the 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 House of Representatives of all funds to be 
expended on operations of the National Immigration Information 
Sharing Operation or any follow-on entity pursuant to section 
503 of this Act.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

    For necessary expenses of the Office of the Federal 
Coordinator for Gulf Coast Rebuilding, $2,000,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978 (5 U.S.C. App.), $113,874,000, of which not to exceed 
$150,000 may be used for certain confidential operational 
expenses, including the payment of informants, to be expended 
at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, agricultural inspections 
and regulatory activities related to plant and animal imports, 
and transportation of unaccompanied minor aliens; purchase and 
lease of up to 4,500 (4,000 for replacement only) police-type 
vehicles; and contracting with individuals for personal 
services abroad; $8,064,713,000, of which $3,226,000 shall be 
derived from the Harbor Maintenance Trust Fund for 
administrative expenses related to the collection of the Harbor 
Maintenance Fee pursuant to section 9505(c)(3) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding 
section 1511(e)(1) of the Homeland Security Act of 2002 (6 
U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for 
official reception and representation expenses; of which not 
less than $309,629,000 shall be for Air and Marine Operations; 
of which such sums as become available in the Customs User Fee 
Account, except sums subject to section 13031(f)(3) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(f)(3)), shall be derived from that account; of which 
not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations; of 
which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under 
the certificate of the Secretary of Homeland Security; and of 
which not more than $800,000 shall be for procurement of 
portable solar charging rechargeable battery systems: Provided, 
That for fiscal year 2010, the overtime limitation prescribed 
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) shall be $35,000; and notwithstanding any other 
provision of law, none of the funds appropriated 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 excessive costs, or in cases of 
immigration emergencies: Provided further, That of the total 
amount provided, $1,700,000 shall remain available until 
September 30, 2011, for the Global Advanced Passenger 
Information/Passenger Name Record Program.

                        automation modernization

    For expenses for U.S. Customs and Border Protection 
automated systems, $422,445,000, to remain available until 
expended, of which not less than $227,960,000 shall be for the 
development of the Automated Commercial Environment: Provided, 
That of the total amount made available under this heading, 
$50,000,000 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 Department of Homeland Security.

        border security fencing, infrastructure, and technology

    For expenses for border security fencing, infrastructure, 
and technology, $800,000,000, to remain available until 
expended: Provided, That of the total amount made available 
under this heading, $75,000,000 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, reviewed by the 
Government Accountability Office, 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 
borders of the United States, of fencing and vehicle barriers 
where practicable, and of other forms of tactical 
infrastructure and technology, that includes--
            (1) a detailed accounting of the program's 
        implementation to date for all investments, including 
        technology and tactical infrastructure, for funding 
        already expended relative to system capabilities or 
        services, system performance levels, mission benefits 
        and outcomes, milestones, cost targets, program 
        management capabilities, identification of the maximum 
        investment, including life-cycle costs, related to the 
        Secure Border Initiative program or any successor 
        program, and description of the methodology used to 
        obtain 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 
        security needs;
            (3) 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;
            (4) an identification of staffing, including full-
        time equivalents, contractors, and detailees, by 
        program office;
            (5) a description of how the plan addresses 
        security needs at the Northern border and ports of 
        entry, including infrastructure, technology, design and 
        operations requirements, specific locations where 
        funding would be used, and priorities for Northern 
        border activities;
            (6) a report on budget, obligations and 
        expenditures, 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 Accountability 
        Office and Office of Inspector General recommendations 
        related to the program and the status of Department of 
        Homeland Security actions to address the 
        recommendations, including milestones to fully address 
        such recommendations;
            (8) a certification by the Chief Procurement 
        Officer of the Department including all supporting 
        documents or memoranda, and documentation and a 
        description of the investment review processes used to 
        obtain such certifications, that--
                    (A) 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 
                established by the Office of Management and 
                Budget, including as provided in Circular A-11, 
                part 7;
                    (B) 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 such 
                actions, together with any plans for addressing 
                these risks, and the status of the 
                implementation of such actions; and
                    (C) procedures to prevent conflicts of 
                interest between the prime integrator and major 
                subcontractors are established and that the 
                Secure Border Initiative Program Office has 
                adequate staff and resources to effectively 
                manage the Secure Border Initiative program and 
                all contracts under such program, including the 
                exercise of technical oversight;
            (9) a certification by the Chief Information 
        Officer of the Department including all supporting 
        documents or memoranda, and documentation and a 
        description of the investment review processes used to 
        obtain such certifications that--
                    (A) the system architecture of the program 
                has been determined to be sufficiently aligned 
                with the information systems enterprise 
                architecture of the Department to minimize 
                future rework, including a description of all 
                aspects of the architectures that were or were 
                not assessed in making the alignment 
                determination, 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 management 
                process that regularly and proactively 
                identifies, evaluates, mitigates, and monitors 
                risks throughout the system life-cycle and 
                communicates high-risk conditions to U.S. 
                Customs and Border Protection and Department of 
                Homeland Security investment decision-makers, 
                as well as a listing of all the program's high 
                risks and the status of efforts to address such 
                risks; and
                    (C) an independent verification and 
                validation agent is currently under contract 
                for the projects funded under this heading;
            (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 resources 
        to effectively manage the Secure Border Initiative; and
            (11) an analysis by the Secretary for each segment, 
        defined as not more than 15 miles, of fencing or 
        tactical infrastructure, of the selected approach 
        compared to other, alternative means of achieving 
        operational control, including cost, level of 
        operational control, possible unintended effects on 
        communities, and other factors critical to the 
        decisionmaking process:
Provided further, That the Secretary shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives on the progress of the program, and obligations 
and expenditures for all outstanding task orders, as well as 
specific objectives to be achieved through the award of current 
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 made available under this heading may be 
obligated unless the Department has complied with section 
102(b)(1)(C)(i) of the Illegal Immigration 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 made available under this heading may be 
obligated for any 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.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft 
systems, and other related equipment of the air and marine 
program, including operational training and mission-related 
travel, and rental payments for facilities occupied by the air 
or marine interdiction and demand 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 agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; and at 
the discretion of the Secretary of Homeland Security, the 
provision of assistance to Federal, State, and local agencies 
in other law enforcement and emergency humanitarian efforts, 
$519,826,000, to remain available until expended: 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 damaged beyond repair, shall be 
transferred to any other Federal agency, department, or office 
outside of the Department of Homeland Security during fiscal 
year 2010 without the prior approval of the Committees on 
Appropriations of the Senate and the House of Representatives.

                 construction and facilities management

    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, 
immigration, and border security, $319,570,000, to remain 
available until expended; of which $39,700,000 shall be for 
constructing and equipping the Advanced Training Center; and of 
which not more than $3,500,000 shall be for acquisition, 
design, and construction of U.S. Customs and Border Protection 
Air and Marine facilities at El Paso International Airport, 
Texas: Provided, That for fiscal year 2011 and thereafter, the 
annual budget submission of U.S. Customs and Border Protection 
for ``Construction and Facilities Management'' shall, 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 delineated by land port of entry.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and 
customs laws, detention and removals, and investigations; and 
purchase and lease of up to 3,790 (2,350 for replacement only) 
police-type vehicles; $5,342,134,000, of which not to exceed 
$7,500,000 shall be available until expended 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 informants, 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 activities; 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 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 activities in fiscal year 2010 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 $1,500,000,000 shall be 
available to identify aliens convicted of a crime who may be 
deportable, and to remove them from the United States once they 
are judged deportable, of which $200,000,000 shall remain 
available until September 30, 2011: 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, not later than 45 days after the end of each 
quarter of the fiscal year, on progress in 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, That funding made available under this heading shall 
maintain a level of not less than 33,400 detention beds through 
September 30, 2010: Provided further, That of the total amount 
provided, not less than $2,545,180,000 is for detention and 
removal operations, including transportation of unaccompanied 
minor aliens: Provided further, That of the total amount 
provided, $7,300,000 shall remain available until September 30, 
2011, 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 authority 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 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 
subsequent performance evaluation system: 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: Provided further, That none of the funds 
provided under this heading may be obligated to collocate field 
offices of U.S. Immigration and Customs Enforcement until the 
Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a 
plan for the nationwide implementation of the Alternatives to 
Detention Program that identifies: (1) the funds required for 
nationwide program implementation; (2) the timeframe for 
achieving nationwide program implementation; and (3) an 
estimate of the number of individuals who could be enrolled in 
a nationwide program.

                        automation modernization

                     (including transfer of funds)

    For expenses of immigration and customs enforcement 
automated systems, $90,000,000, to remain available until 
expended: Provided, That of the funds made available under this 
heading, $10,000,000 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: Provided further, That of the 
total amount provided under this heading, up to $10,000,000 may 
be transferred to U.S. Immigration and Customs Enforcement 
``Salaries and Expenses'' account for data center migration.

                              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, $4,818,000, to remain available until 
expended: Provided, That none of the funds made available in 
this Act may be used to solicit or consider 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 Committees on Appropriations of the 
Senate and the House of Representatives receive a plan for 
carrying out that privatization.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security 
services pursuant to the Aviation and Transportation Security 
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$5,214,040,000, to remain available until September 30, 2011, 
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 heading, not to exceed $4,358,076,000 
shall be for screening operations, of which $1,116,406,000 
shall be available for explosives detection systems; and not to 
exceed $855,964,000 shall be for aviation security direction 
and enforcement: Provided further, That of the amount made 
available in the preceding proviso for explosives detection 
systems, $778,300,000 shall be available for the purchase and 
installation of these systems, of which not less than 28 
percent shall be available for the purchase and installation of 
certified explosives detection systems at medium- and small-
sized airports: Provided further, That any award to deploy 
explosives detection systems shall be based on risk, the 
airport's current reliance on other screening solutions, lobby 
congestion resulting in increased security concerns, high 
injury rates, airport readiness, and increased cost 
effectiveness: Provided further, That of the total amount 
provided, $1,250,000 shall be made available for Safe Skies 
Alliance to develop and enhance research and training 
capabilities for Transportation Security Officer improvised 
explosive recognition training: 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 the sum appropriated under 
this heading from the general fund shall be reduced on a 
dollar-for-dollar basis as such offsetting collections are 
received during fiscal year 2010, so as to result in a final 
fiscal year appropriation from the general fund estimated at 
not more than $3,114,040,000: Provided further, That any 
security service fees collected in excess of the amount made 
available under this heading shall become available during 
fiscal year 2011: 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 Secretary, Deputy Secretary, Under 
Secretaries, and Assistant Secretaries of the Department of 
Homeland Security; the United States Attorney General and 
Assistant Attorneys General and the United States attorneys; 
and senior members of the Executive 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, $110,516,000, to remain available until 
September 30, 2011.

           transportation threat assessment and credentialing

    For necessary expenses for the development and 
implementation of screening programs of the Office of 
Transportation Threat Assessment and Credentialing, 
$171,999,000, to remain available until September 30, 2011.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security 
support and intelligence pursuant to the Aviation and 
Transportation Security Act (Public Law 107-71; 115 Stat. 597; 
49 U.S.C. 40101 note), $1,001,780,000, to remain available 
until September 30, 2011: 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 Representatives 
detailed expenditure plans for air cargo security, and for 
checkpoint support and explosives detection systems 
refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2010: Provided further, That 
these plans shall be submitted no later than 60 days after the 
date of enactment of this Act.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, 
$860,111,000.

                              Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of 
the Coast Guard, not otherwise provided for; purchase or lease 
of not to exceed 25 passenger motor vehicles, which shall be 
for replacement only; purchase or lease of small boats for 
contingent and emergent requirements (at a unit cost of no more 
than $700,000) and repairs and service-life replacements, not 
to exceed a total of $26,000,000; minor shore construction 
projects not exceeding $1,000,000 in total cost at any 
location; payments pursuant to section 156 of Public Law 97-377 
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $6,805,391,000, of which $581,503,000 shall be for 
defense-related activities, of which $241,503,000 is designated 
as being for overseas deployments and other activities pursuant 
to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal 
year 2010; 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 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 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 of the funds provided under this heading, 
$50,000,000 shall be withheld from obligation for Headquarters 
Directorates until: (1) the fiscal year 2010 second quarter 
acquisition report required by Public Law 108-7 and the fiscal 
year 2008 joint explanatory statement accompanying Public Law 
110-161; (2) the Revised Deepwater Implementation Plan; and (3) 
the future-years capital investment plan for fiscal years 2011-
2015 are received by the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further, That 
funds made available under this heading for overseas 
deployments and other activities pursuant to sections 401(c)(4) 
and 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010, may 
be allocated by program, project, and activity, notwithstanding 
section 503 of this Act.

                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, $13,198,000, to 
remain available until expended.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as 
authorized by law; operations and maintenance of the reserve 
program; personnel and training costs; and equipment and 
services; $133,632,000.

              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 operation 
of facilities and equipment, as authorized by law; 
$1,537,080,000, 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 $121,000,000 shall be available until 
September 30, 2014, to acquire, repair, renovate, or improve 
vessels, small boats, and related equipment; of which 
$129,500,000 shall be available until September 30, 2012, for 
other equipment; of which $27,100,000 shall be available until 
September 30, 2012, for shore facilities and aids to navigation 
facilities, including not less than $300,000 for the Coast 
Guard Academy Pier and not less than $16,800,000 for Coast 
Guard Station Cleveland Harbor; of which $105,200,000 shall be 
available for personnel compensation and benefits and related 
costs; and of which $1,154,280,000 shall be available until 
September 30, 2014, for the Integrated Deepwater Systems 
program: Provided, That of the funds made available for the 
Integrated Deepwater Systems program, $269,000,000 is for 
aircraft and $730,680,000 is for surface ships: Provided 
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 2011 budget, a review of the Revised Deepwater 
Implementation Plan that identifies any changes to the plan for 
the fiscal year; an annual performance comparison of Integrated 
Deepwater Systems program assets to pre-Deepwater legacy 
assets; a status report of such legacy assets; a detailed 
explanation of how the costs of such legacy assets are being 
accounted for within the Integrated Deepwater Systems program; 
and the earned value management system gold card data for each 
Integrated Deepwater Systems program asset: Provided further, 
That the Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, 
in conjunction with the fiscal year 2011 budget request, a 
comprehensive review of the Revised Deepwater Implementation 
Plan, and every 5 years thereafter, that includes a complete 
projection of the acquisition costs and schedule for the 
duration of the plan: 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 President's budget is submitted under section 1105(a) of 
title 31, United States Code, a future-years capital investment 
plan for the Coast Guard that identifies for each capital 
budget line item--
            (1) the proposed appropriation included in that 
        budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year 
        for the next 5 fiscal years or until project 
        completion, whichever is earlier;
            (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 previous 
        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 2010.

                         alteration of bridges

    For necessary expenses for alteration or removal of 
obstructive bridges, as authorized by section 6 of the Truman-
Hobbs Act (33 U.S.C. 516), $4,000,000, to remain available 
until expended: Provided, That of the amounts made available 
under this heading, $4,000,000 shall be for the Fort Madison 
Bridge in Fort Madison, Iowa.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, 
rehabilitation, lease, and operation of facilities and 
equipment; as authorized by law; $24,745,000, to remain 
available 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 authorities, 
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 purpose, 
payments under the Retired Serviceman's Family Protection and 
Survivor Benefits Plans, payment for career status bonuses, 
concurrent receipts and combat-related special compensation 
under the National Defense Authorization Act, and payments for 
medical care of retired personnel and their dependents under 
chapter 55 of title 10, United States Code, $1,361,245,000, to 
remain available until expended.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including: purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor 
vehicles; purchase of motorcycles made in the United States; 
hire of aircraft; services of expert witnesses at such rates as 
may be 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 
assignment during the actual day or days of the visit of a 
protectee requires an employee to work 16 hours per day or to 
remain overnight at a post of duty; conduct of and 
participation in firearms matches; presentation of awards; 
travel of United States Secret Service employees on protective 
missions without regard to the limitations on such expenditures 
in this or any other Act if approval is obtained in advance 
from the Committees on Appropriations of the Senate and the 
House of Representatives; research and development; grants to 
conduct behavioral research in support of protective research 
and operations; and payment in advance for commercial 
accommodations as may be necessary to perform protective 
functions; $1,478,669,000, of which not to exceed $25,000 shall 
be for official reception and representation expenses; of which 
not to exceed $100,000 shall be to provide technical 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 for protective 
travel shall remain available until September 30, 2011: 
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 
resources available under this heading at the end of the fiscal 
year: Provided further, That none of the funds made available 
under this heading shall be available to compensate any 
employee for overtime in an annual amount in excess of $35,000, 
except that the Secretary of Homeland Security, or the designee 
of the Secretary, may waive that amount as necessary for 
national security purposes: Provided further, That none of the 
funds made available 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 
reimbursable basis: Provided further, That of the total amount 
made available under this heading, $33,960,000, to remain 
available until expended, is for information technology 
modernization: Provided further, That none of the funds made 
available in the preceding proviso shall be obligated to 
purchase or install information technology equipment until the 
Chief Information Officer of the Department of Homeland 
Security submits a report to the Committees on Appropriations 
of the Senate and the House of Representatives certifying that 
all plans for such modernization are consistent with Department 
of Homeland Security data center migration and enterprise 
architecture requirements: Provided further, That none of the 
funds made available to the United States Secret Service by 
this Act or by previous appropriations Acts may be obligated 
for the purpose of opening a new permanent domestic or overseas 
office or location unless the Committees on Appropriations of 
the Senate and the House of Representatives are notified 15 
days in advance of such obligation.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, 
repair, alteration, and improvement of facilities, $3,975,000, 
to remain available until expended.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For salaries and expenses of the Office of the Under 
Secretary for the National Protection and Programs Directorate, 
support for operations, information technology, and the Office 
of Risk Management and Analysis, $44,577,000: 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.), $899,416,000, of which $760,155,000 shall remain 
available until September 30, 2011:  Provided, That of the 
amount made available under this heading, $161,815,000 may not 
be obligated for the National Cyber Security Division program 
and $12,500,000 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 each of these programs 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 and milestones: Provided further, 
That of the total amount provided, no less than: $20,000,000 is 
for the National Infrastructure Simulation and Analysis Center; 
$1,000,000 is for Philadelphia infrastructure monitoring; 
$3,500,000 is for State and local cyber security training; 
$3,000,000 is for the Power and Cyber Systems Protection, 
Analysis, and Testing Program at the Idaho National Laboratory; 
$3,500,000 is for the Cyber Security Test Bed and Evaluation 
Center; $3,000,000 is for the Multi-State Information Sharing 
and Analysis Center; $500,000 is for the Virginia Operational 
Integration Cyber Center of Excellence; $100,000 is for the 
Upstate New York Cyber Initiative; and $1,000,000 is for 
interoperable communications, technical assistance, and 
outreach programs.

                       federal protective service

    The revenues and collections of security fees credited to 
this account shall be available until expended for necessary 
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 Homeland 
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 Representatives 
no later than December 31, 2009, that the operations of the 
Federal Protective Service will be fully funded in fiscal year 
2010 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, are directly engaged on a 
daily basis protecting and enforcing laws at Federal buildings 
(referred to as ``in-service field staff'').

    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), $373,762,000, 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 Appropriations of the Senate 
and the House of Representatives receive a plan for 
expenditure, prepared by the Secretary of Homeland Security, 
not later than 90 days after the date of enactment of this Act 
that meets the statutory conditions specified under this 
heading in Public Law 110-329: Provided further, That not less 
than $28,000,000 of unobligated balances of prior year 
appropriations shall remain available and be obligated solely 
for implementation of a biometric air exit capability.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$139,250,000, of which $30,411,000 is for salaries and 
expenses: Provided, That $108,839,000 shall remain available 
until September 30, 2011, for biosurveillance, BioWatch, 
medical readiness planning, chemical response, and other 
activities, including $5,000,000 for the North Carolina 
Collaboratory for Bio-Preparedness, University of North 
Carolina, Chapel Hill: Provided further, 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, $797,650,000, 
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 Cerro Grande Fire Assistance Act of 2000 (division 
C, title I, 114 Stat. 583), 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 of the total amount made available under 
this heading, not to exceed $36,300,000 shall remain available 
until September 30, 2011, for capital improvements at the Mount 
Weather Emergency Operations Center: 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; and $6,995,000 shall be for the Office of 
National Capital Region Coordination: Provided further, That 
for 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 
activities, $3,015,200,000 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 subsection 
        (c)(4) of such section 2004, for fiscal year 2010, the 
        Commonwealth of Puerto Rico shall make available to 
        local and tribal governments amounts provided to the 
        Commonwealth of Puerto Rico under this paragraph in 
        accordance with subsection (c)(1) of such section 2004.
            (2) $887,000,000 shall be for the Urban Area 
        Security Initiative under section 2003 of the Homeland 
        Security Act of 2002 (6 U.S.C. 604), of which, 
        notwithstanding subsection (c)(1) of such section, 
        $19,000,000 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 Emergency Management Reform Act of 2006 (6 
        U.S.C. 723).
            (5) $13,000,000 shall be for the Citizen Corps 
        Program.
            (6) $300,000,000 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 $20,000,000 shall be for Amtrak security: 
        Provided, That such public transportation security 
        assistance shall be provided directly to public 
        transportation agencies.
            (7) $300,000,000 shall be for Port Security Grants 
        in accordance with 46 U.S.C. 70107, notwithstanding 46 
        U.S.C. 70107(c).
            (8) $12,000,000 shall be for Over-the-Road Bus 
        Security Assistance under section 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007 (Public Law 110-53; 6 U.S.C. 1182).
            (9) $50,000,000 shall be for Buffer Zone Protection 
        Program Grants.
            (10) $50,000,000 shall be for the Driver's License 
        Security Grants Program in accordance with section 204 
        of the REAL ID Act of 2005 (49 U.S.C. 30301 note).
            (11) $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).
            (12) $60,000,000 shall be 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) to remain available until expended, 
        of which no less than the amount specified for each 
        Emergency Operations Center shall be provided as 
        follows: $500,000, Benton County Emergency Management 
        Commission, Iowa; $100,000, Brazoria County Emergency 
        Management, Texas; $800,000, Butte-Silver Bow, Montana; 
        $338,000, Calvert County Department of Public Safety, 
        Maryland; $425,000, City of Alamosa Fire Department, 
        Colorado; $600,000, City of Ames, Iowa; $250,000, City 
        of Boerne, Texas; $500,000, City of Brawley, 
        California; $300,000, City of Brigantine, New Jersey; 
        $350,000, City of Brookings, Oregon; $1,000,000, City 
        of Chicago, Illinois; $1,000,000, City of Commerce, 
        California; $300,000, City of Cupertino, California; 
        $1,000,000, City of Detroit, Michigan; $750,000, City 
        of Elk Grove, California; $400,000, City of Green Cove 
        Springs, Florida; $600,000, City of Greenville, North 
        Carolina; $300,000, City of Hackensack, New Jersey; 
        $800,000, City of Hartford, Connecticut; $250,000, City 
        of Hopewell, Virginia; $254,500, City of La Habra, 
        California; $600,000, City of Las Vegas, Nevada; 
        $750,000, City of Lauderdale Lakes, Florida; $750,000, 
        City of Minneapolis, Minnesota; $375,000, City of 
        Monterey Park, California; $400,000, City of Moreno 
        Valley, California; $1,000,000, City of Mount Vernon, 
        New York; $1,000,000, City of Newark, New Jersey; 
        $900,000, City of North Little Rock, Arkansas; 
        $350,000, City of Palm Coast, Florida; $750,000, City 
        of Port Gibson, Mississippi; $500,000, City of 
        Scottsdale, Arizona; $750,000, City of Sunrise, 
        Florida; $500,000, City of Tavares, Florida; $400,000, 
        City of Torrington, Connecticut; $900,000, City of 
        Whitefish, Montana; $500,000, City of Whittier, 
        California; $500,000, City of Wichita, Kansas; 
        $500,000, Columbia County, Oregon; $500,000, County of 
        Union, New Jersey; $400,000, Dorchester County, South 
        Carolina; $200,000, Fulton County (Atlanta) Emergency 
        Management Agency, Georgia; $250,000, Howell County 
        Emergency Preparedness, Missouri; $500,000, Jackson 
        County Sheriff's Office, Missouri; $750,000, Johnson 
        County, Texas; $500,000, Kentucky Emergency Management, 
        Kentucky; $800,000, Lake County, Florida; $600,000, Lea 
        County, New Mexico; $1,000,000, Lincoln County, 
        Washington; $250,000, Lycoming County, Pennsylvania; 
        $250,000, Macomb County Emergency Management and 
        Communications, Michigan; $300,000, Mercer County 
        Emergency Management Agency, Kentucky; $1,000,000, 
        Middle Rio Grande Development Council, Texas; $250,000, 
        Minooka Fire Protection District, Illinois; $800,000, 
        Mobile County Commission, Alabama; $200,000, Monroe 
        County, Florida; $1,000,000, Morris County, New Jersey 
        Office of Emergency Management, New Jersey; $750,000, 
        New Orleans Emergency Medical Services, Louisiana; 
        $1,000,000, North Carolina Office of Emergency 
        Management, North Carolina; $500,000, North Hudson 
        Regional Fire and Rescue, New Jersey; $980,000, North 
        Louisiana Regional, Lincoln Parish, Louisiana; 
        $1,500,000, Ohio Emergency Management Agency, Columbus, 
        Ohio; $250,000, Passaic County Prosecutor's Office, New 
        Jersey; $980,000, City of Providence, Rhode Island; 
        $800,000, San Francisco Department of Emergency 
        Management, California; $300,000, Sarasota County, 
        Florida; $650,000, Scotland County, North Carolina; 
        $500,000, Somerset County, Maine; $1,500,000, State of 
        Maryland, Maryland; $158,000, City of Maitland, 
        Florida; $500,000, Tohono O'odham Nation; $75,000, 
        Towamencin Township, Pennsylvania; $275,000, Town of 
        Harrison, New York; $500,000, Town of Shorter, Alabama; 
        $750,000, Township of Irvington, New Jersey; $500,000, 
        Township of Old Bridge, New Jersey; $247,000, Township 
        of South Orange Village, South Orange, New Jersey; 
        $500,000, Upper Darby Township Police Department, 
        Pennsylvania; $165,000, Village of Elmsford, New York; 
        $350,000, Washington Parish Government, Louisiana; 
        $900,000, Westmoreland County Department of Public 
        Safety, Pennsylvania; $1,000,000, Williamsburg County, 
        South Carolina; and $20,000, Winston County Commission, 
        Alabama.
            (13) $267,200,000 shall be for training, exercises, 
        technical assistance, and other programs, of which--
                    (A) $164,500,000 shall be for the National 
                Domestic Preparedness Consortium in accordance 
                with section 1204 of the Implementing 
                Recommendations of the 9/11 Commission 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 
                National 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 Rescue 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 
                Natural Disaster Preparedness Training Center, 
                University of Hawaii, Honolulu, Hawaii; 
                $5,000,000 shall be for surface transportation 
                emergency preparedness and response training to 
                be awarded under full and open competition;
                    (B) $1,700,000 shall be for the Center for 
                Counterterrorism and Cyber Crime, Norwich 
                University, Northfield, Vermont; and
                    (C) $3,000,000 shall be for the Rural 
                Domestic Preparedness Consortium, Eastern 
                Kentucky University:
Provided, That 4 percent of the amounts provided under this 
heading shall be transferred to the Federal Emergency 
Management Agency ``Management and Administration'' account for 
program administration, and an expenditure plan for program 
administration shall be provided to the Committees on 
Appropriations of the Senate and the House of Representatives 
within 60 days after the date of enactment of this Act: 
Provided further, That notwithstanding section 2008(a)(11) of 
the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any 
other provision of law, a grantee may use not more than 5 
percent of the amount of a grant made available under this 
heading for expenses directly related to administration of the 
grant:  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 application: Provided further, That for grants 
under paragraphs (6) through (11), 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 
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 communications 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, and (b) the head 
of the Center for Domestic Preparedness shall ensure that any 
training provided under (a) does not interfere with the primary 
mission of the Center to train State and local emergency 
response providers.

                     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.), $810,000,000, of which $390,000,000 shall be 
available to carry out section 33 of that Act (15 U.S.C. 2229) 
and $420,000,000 shall be available to carry out section 34 of 
that Act (15 U.S.C. 2229a), to remain available until September 
30, 2011: Provided, That not to exceed 5 percent of the amount 
available under this heading shall be available for program 
administration, and an expenditure 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 enactment 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 Reduction Act of 1977 (42 U.S.C. 7701 et 
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
$340,000,000: Provided, That total administrative costs shall 
not exceed 3 percent of the total amount appropriated under 
this heading, and an expenditure 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 enactment of this Act.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2010, as 
authorized in title III of the Departments of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less 
than 100 percent of the amounts anticipated by the Department 
of Homeland Security necessary 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 further, 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, 
2010, and remain available until expended.

                   united states fire administration

    For necessary expenses of the United States Fire 
Administration 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.), $45,588,000.

                            disaster relief

                     (including transfers 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.), $1,600,000,000, 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 submit to such Committees 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 Security Office of Inspector General for 
audits and investigations related to disasters, subject to 
section 503 of this Act: Provided further, That $105,600,000 
shall be transferred to Federal Emergency Management Agency 
``Management and Administration'' for management and 
administration functions: Provided further, That the amount 
provided in the previous proviso shall not be available for 
transfer to ``Management and Administration'' until the Federal 
Emergency Management Agency submits an expenditure plan to the 
Committees on Appropriations of the Senate and the House of 
Representatives: Provided further, That the Federal Emergency 
Management Agency shall submit 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 reimbursement 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 supporting 
        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. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162), 
$295,000 is for the cost of direct loans: Provided, 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 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 National 
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and 
such additional sums as may be provided by State and local 
governments or other political subdivisions 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 administrative costs shall not exceed 3 
percent of the total amount appropriated 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.), $146,000,000, which shall 
be derived from offsetting collections assessed and collected 
under section 1308(d) of the National Flood Insurance Act of 
1968 (42 U.S.C. 4015(d)), which is available as follows: (1) 
not to exceed $38,680,000 for salaries and expenses associated 
with flood mitigation and flood insurance operations; and (2) 
no less than $107,320,000 for flood plain management and flood 
mapping, which shall remain available until September 30, 2011: 
Provided, That any additional fees collected pursuant to 
section 1308(d) of the National Flood Insurance Act of 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 2010, no 
funds shall be available from the National 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) $969,370,000 for 
commissions and taxes of agents; (3) such sums as are necessary 
for interest on Treasury borrowings; and (4) $120,000,000, 
which shall remain available until expended for flood 
mitigation actions, of which $70,000,000 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 repetitive insurance claims properties under 
section 1323 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4030), and of which $40,000,000 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 section 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 Act of 1968 shall be deposited in the 
National Flood Insurance Fund to supplement other amounts 
specified as available 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 
administrative costs shall not exceed 4 percent of the total 
appropriation.

                  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), $100,000,000, to remain 
available until expended and to be obligated as detailed in the 
joint explanatory 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 Assistance 
Act (42 U.S.C. 11331 et seq.), $200,000,000, to remain 
available until expended: Provided, That total administrative 
costs shall not exceed 3.5 percent of the total amount made 
available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration 
services, $224,000,000, of which $50,000,000 is for processing 
applications for asylum or refugee status; of which $5,000,000 
is for the processing of military naturalization applications; 
and of which $137,000,000 is for the basic pilot program (E-
Verify Program), as authorized by section 402 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), to assist United States employers with 
maintaining a legal workforce: Provided, That of the amounts 
made available for the basic pilot program (E-Verify Program), 
$30,000,000 shall remain available until September 30, 2011: 
Provided further, That notwithstanding any other provision of 
law, funds available to United States Citizenship and 
Immigration Services may be used to acquire, operate, equip, 
and dispose of up to five vehicles, 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 to travel between the employees' residences and places 
of employment: Provided further, That none of the funds made 
available under this heading may be obligated for processing 
applications for asylum or refugee status unless the Secretary 
of Homeland Security has published a final rule updating part 
103 of title 8, Code of Federal Regulations, to discontinue the 
asylum/refugee surcharge: Provided further, That none of the 
funds made available under this heading may be obligated for 
development of the ``REAL ID hub'' until the Committees on 
Appropriations of the Senate and the House of Representatives 
receive 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 for 
achieving each of these goals and milestones: Provided further, 
That none of the funds made available in this Act for grants 
for immigrant integration may be used to provide services to 
aliens who have not been lawfully admitted for permanent 
residence.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement 
Training Center, including materials and support costs of 
Federal law enforcement basic training; the purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger 
motor vehicles; expenses for student athletic 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; $239,356,000, of 
which up to $47,751,000 shall remain available until September 
30, 2011, for materials and support 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 Federal Law Enforcement Training Center for 
the needs of participating agencies; and of which not to exceed 
$12,000 shall be for official reception and representation 
expenses: Provided, That the Center is authorized to obligate 
funds in anticipation of reimbursements from agencies receiving 
training sponsored by the Center, except that total obligations 
at the end of the fiscal year shall not exceed total budgetary 
resources available at the end of the fiscal year: Provided 
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 
3771 note), as amended by Public Law 110-329 (122 Stat. 3677), 
is further amended by striking ``December 31, 2011'' and 
inserting ``December 31, 2012'': Provided further, That the 
Federal Law Enforcement Training Accreditation Board, including 
representatives from the Federal law enforcement community and 
non-Federal accreditation experts involved in law enforcement 
training, shall lead the Federal law enforcement training 
accreditation 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 Enforcement Training Center shall schedule basic or 
advanced law enforcement training, or both, at all four 
training facilities 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, facility 
improvements, and related expenses of the Federal Law 
Enforcement Training Center, $43,456,000, to remain available 
until expended: Provided, That the Center is authorized to 
accept reimbursement to this appropriation from government 
agencies requesting the construction of special use facilities.

                         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 authorized by 
title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.), $143,200,000: Provided, That not to exceed $10,000 shall 
be for official reception and representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and 
evaluation; acquisition; and operations; as authorized by title 
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.); $863,271,000, of which $713,083,000, to remain available 
until September 30, 2012; and of which $150,188,000, to remain 
available until September 30, 2014, solely for Laboratory 
Facilities: Provided, That not less than $20,865,000 shall be 
available for the Southeast Region Research Initiative at the 
Oak Ridge National Laboratory: Provided further, That not less 
than $3,000,000 shall be available for Distributed Environment 
for Critical Infrastructure Decisionmaking Exercises: Provided 
further, That not less than $12,000,000 shall be for 
construction expenses of the Pacific Northwest National 
Laboratory: Provided further, That not less than $2,000,000 
shall be for the Cincinnati Urban Area partnership established 
through the Regional Technology Integration Initiative: 
Provided further, That not less than $10,000,000 shall be 
available for the National Institute for Hometown Security, 
Kentucky: Provided further, That not less than $2,000,000 shall 
be available for the Naval Postgraduate School: Provided 
further, That not less than $1,000,000 shall be available to 
continue a homeland security research, development, and 
manufacturing pilot project: Provided further, That not less 
than $500,000 shall be available for a demonstration project to 
develop situational awareness and decision support capabilities 
through remote sensing technologies: Provided further, That not 
less than $4,000,000 shall be available for a pilot program to 
develop a replicable port security system that would improve 
maritime domain awareness: Provided further, That $32,000,000 
shall be for the National Bio- and Agro-defense Facility, of 
which up to $2,000,000 may be obligated for the National 
Academy of Sciences to complete the Letter Report required in 
section 560(b) of this Act.

                   Domestic Nuclear Detection Office

                     management and administration

    For salaries and expenses of the Domestic Nuclear Detection 
Office as authorized by title XIX of the Homeland Security Act 
of 2002 (6 U.S.C. 591 et seq.) as amended, for management and 
administration of programs and activities, $38,500,000: 
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 
research, development, testing, evaluation, and operations, 
$324,537,000, to remain available until September 30, 2012.

                          systems acquisition

    For expenses for the Domestic Nuclear Detection Office 
acquisition and deployment of radiological detection systems in 
accordance with the global nuclear detection architecture, 
$20,000,000, to remain available until September 30, 2012: 
Provided, That none of the funds appropriated under this 
heading in this Act or any other Act shall be obligated for 
full-scale procurement of Advanced Spectroscopic Portal 
monitors until the Secretary of Homeland Security submits to 
the Committees on Appropriations of the Senate and the House of 
Representatives a report certifying that a significant increase 
in operational effectiveness will be achieved by such 
obligation: Provided further, That the Secretary shall submit 
separate and distinct certifications prior to the procurement 
of Advanced Spectroscopic Portal monitors for primary and 
secondary deployment that address the unique requirements for 
operational effectiveness of each type of deployment: Provided 
further, That the Secretary shall continue to consult with the 
National Academy of Sciences before making such certifications: 
Provided further, That none of the funds appropriated under 
this heading shall be used for high-risk concurrent development 
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 pursuant 
to this Act, may be merged with funds in the applicable 
established accounts, and thereafter may be accounted for as 
one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, 
provided by previous appropriations Acts to the agencies in or 
transferred to the Department of Homeland Security that remain 
available for obligation or expenditure in fiscal year 2010, or 
provided from any accounts in the Treasury of the United States 
derived by the collection of fees available 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) increases 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 either 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 2010 Budget Appendix for the 
Department of Homeland Security, as modified by the joint 
explanatory statement accompanying 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 transferred 
to the Department of Homeland Security that remain available 
for obligation or expenditure in fiscal year 2010, 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 available 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) augments 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 approved by the Congress; or (3) 
results from any general savings from a reduction in personnel 
that would result in a change in existing programs, projects, 
or activities as approved by the Congress, unless the 
Committees on Appropriations 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 
appropriations Acts may be transferred between such 
appropriations, 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 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.
    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 2010: Provided, 
That none of the funds appropriated or otherwise made available 
to the Department of Homeland Security may be used to make 
payments to the Working Capital Fund, except for the activities 
and amounts allowed in the President's fiscal year 2010 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 further, 
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 Capital 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 requirements of section 503 of 
this Act.
    Sec. 505.  Except as otherwise specifically provided by 
law, not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2010 from appropriations 
for salaries and expenses for fiscal year 2010 in this Act 
shall remain available through September 30, 2011, 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 of Representatives 
for approval in accordance with section 503 of this Act.
    Sec. 506.  Funds made available by this Act for 
intelligence 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 2010 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2010.
    Sec. 507.  None of the funds made available by this Act may 
be used to make a grant allocation, grant award, contract 
award, Other Transaction Agreement, a task or delivery order on 
a Department of Homeland Security multiple award contract, or 
to issue a letter of intent totaling in excess of $1,000,000, 
or to announce publicly the intention to make such an award, 
including a contract covered by the Federal Acquisition 
Regulation, 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 determines 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 Representatives shall be notified not later 
than 5 full business days after such an award is made or letter 
issued: Provided further, That no notification shall involve 
funds that are not available for obligation: Provided further, 
That the notification shall include the amount of the award, 
the fiscal year for which the funds for the award were 
appropriated, and the account from which the funds are being 
drawn: Provided 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 ``State and Local Programs''.
    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 
enforcement training without the advance approval of the 
Committees on Appropriations of the Senate and the House of 
Representatives, 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 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, except that 
necessary funds may be expended for each project for required 
expenses for the development of a proposed prospectus.
    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 made available 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.  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. 513.  None of the funds appropriated by this Act may 
be used to process or approve a competition under Office of 
Management and Budget Circular A-76 for services provided as of 
June 1, 2004, by employees (including employees serving on a 
temporary or term basis) of United States Citizenship and 
Immigration Services of the Department of Homeland Security who 
are known as of that date as Immigration Information Officers, 
Contact Representatives, or Investigative Assistants.
    Sec. 514. (a) 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 
incrementally each quarter until the requirement of section 
44901(g)(2)(B) of title 49 is met.
    (b) Not later than 45 days after the end of each quarter, 
the Assistant Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
report on air cargo inspection statistics by airport and air 
carrier detailing the incremental progress being made to meet 
the requirement of section 44901(g)(2)(B) of title 49, United 
States Code.
    (c) Not later than 180 days after the date of the enactment 
of this Act, the Assistant Secretary shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, a report on how the Transportation Security 
Administration plans to meet the requirement for screening all 
air cargo on passenger aircraft by the deadline under section 
44901(g) of title 49, United States Code. The report shall 
identify the elements of the system to screen 100 percent of 
cargo transported between domestic airports at a level of 
security commensurate with the level of security for the 
screening of passenger checked baggage.
    Sec. 515.  Within 45 days after the end 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 for that month that includes total obligations, on-board 
versus funded full-time equivalent staffing levels, and the 
number of contract employees for each office of the Department.
    Sec. 516.  Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to 
Transportation Security Administration ``Aviation Security'', 
``Administration'' and ``Transportation Security Support'' for 
fiscal years 2004, 2005, 2006, 2007, and 2008 that are 
recovered or deobligated shall be available only for the 
procurement or installation of explosives detection systems, 
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 Coast Guard 
``Acquisition, Construction, and Improvements'' for fiscal 
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot 
patrol boat conversion that are recovered, collected, or 
otherwise received as the result of negotiation, mediation, or 
litigation, shall be available until expended for the 
Replacement Patrol Boat (FRC-B) program.
    Sec. 518. (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 resources 
management system authorized by section 9701(a) of title 5, 
United States Code, or by regulations prescribed pursuant to 
such section, for an employee, as that term is defined in 
section 7103(a)(2) of such title.
    (b) The Secretary of Homeland Security shall collaborate 
with employee representatives in the manner prescribed in 
section 9701(e) of title 5, United States Code, in the 
planning, testing, and development of any portion of a human 
resources management system that is developed, tested, or 
deployed for persons excluded from the definition of employee 
as that term is defined in section 7103(a)(2) of such title.
    Sec. 519.  Section 532(a) of Public Law 109-295 (120 Stat. 
1384) is amended by striking ``2009'' and inserting ``2010''.
    Sec. 520.  The functions of the Federal Law Enforcement 
Training Center instructor staff shall be classified as 
inherently governmental for the purpose of the Federal 
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
    Sec. 521. (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 any 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, including the 
        AbilityOne Program, that is authorized under the 
        Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);
            (2) pursuant to the Small Business Act (15 U.S.C. 
        631 et seq.);
            (3) in an amount less than the simplified 
        acquisition threshold described under section 302A(a) 
        of the Federal Property and Administrative Services Act 
        of 1949 (41 U.S.C. 252a(a)); or
            (4) by another Federal agency using funds provided 
        through an interagency agreement.
    (c)(1) Subject to paragraph (2), the Secretary of Homeland 
Security may waive the application of this section 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 
subsections (a), (b), and (c) of this section, the Inspector 
General of the Department of Homeland Security shall review 
departmental contracts awarded through means other than a full 
and open competition to assess departmental compliance with 
applicable laws and regulations: Provided, That the Inspector 
General shall review selected contracts awarded in the previous 
fiscal year through means other than a full and open 
competition: Provided further, That in selecting which 
contracts to review, the Inspector General shall consider the 
cost and complexity of the 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 Inspector 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 no later than 
February 5, 2010.
    Sec. 522.  Except as provided in paragraphs (1) and (2) of 
this section, none of the funds provided by this or previous 
appropriations Acts shall be used to fund any position 
designated as a Principal Federal Official, or any successor 
position, for any Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared 
disasters or emergencies--
            (1) The Secretary of Homeland Security may waive 
        the application of this section provided that any field 
        position appointed pursuant to this waiver shall not 
        hold the title of Principal Federal Official, shall 
        functionally report through the Federal Coordinating 
        Officer appointed under section 302 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5143), and shall be subject to the 
        provisions of subsection (c) of section 319 of title 6, 
        United States Code. The Secretary may not delegate the 
        authority to grant such a waiver.
            (2) Not later than 10 business days after the date 
        on which the Secretary of Homeland Security issues a 
        waiver under this section, the Secretary shall submit 
        notification of that waiver to the Committees on 
        Appropriations of the Senate and the House of 
        Representatives, the Transportation and Infrastructure 
        Committee of the House of Representatives, and the 
        Homeland Security and Governmental Affairs Committee of 
        the Senate explaining the circumstances necessitating 
        the waiver, describing the specific role of any 
        officials appointed pursuant to the waiver, and 
        outlining measures taken to ensure compliance with 
        subsection (c) of section 319 and subsections (c)(3) 
        and (c)(4)(A) of section 313 of title 6, United States 
        Code.
    Sec. 523.  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 Program of the 
Coast Guard nationwide, including civil engineering units, 
facilities design and construction centers, maintenance and 
logistics commands, and the Coast Guard Academy, except that 
none of the funds provided in this Act may be used to reduce 
operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of 
the enactment of this Act.
    Sec. 525.  None of the funds provided in this Act shall be 
available to carry out section 872 of the Homeland Security Act 
of 2002 (6 U.S.C. 452).
    Sec. 526.  None of the funds made available in this Act may 
be used by United States Citizenship and Immigration 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. 527.  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 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. 528.  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 Data Center One 
(National Center for Critical Information Processing and 
Storage) until the Chief Information Officer certifies that 
Data Center One is fully utilized as the Department's primary 
data storage center at the highest capacity throughout the 
fiscal year.
    Sec. 529.  None of the funds in this Act shall be used to 
reduce the United States Coast Guard's Operations Systems 
Center mission or its government-employed or contract staff 
levels.
    Sec. 530.  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 Circular A-76 
for activities performed with respect to the Coast Guard 
National Vessel Documentation Center.
    Sec. 531.  Section 831 of the Homeland Security Act of 2002 
(6 U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until 
        September 30, 2009'' and inserting ``Until September 
        30, 2010,''; and
            (2) in subsection (d)(1), by striking ``September 
        30, 2009,'' and inserting ``September 30, 2010,''.
    Sec. 532.  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. 533.  None of the funds made available to the Office 
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 
(E-Verify Program) under section 401 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note).
    Sec. 534.  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 importing 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--
            (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. 535. 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 regulation which 
implements the Notice of Proposed Rulemaking related to 
Petitions for Aliens To Perform Temporary Nonagricultural 
Services or Labor (H-2B) set out beginning on 70 Fed. Reg. 3984 
(January 27, 2005).
    Sec. 536. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall notify 
the Committees on Appropriations of the Senate and the House of 
Representatives of any proposed transfers of funds available 
under subsection (g)(4)(B) of title 31, United States Code (as 
added by Public Law 102-393) from the Department of the 
Treasury Forfeiture Fund to any agency within the Department of 
Homeland Security: Provided, That none of the funds identified 
for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives 
approve the proposed transfers.
    Sec. 537. None of the funds made available in this Act may 
be used for planning, testing, piloting, or developing a 
national identification card.
    Sec. 538. If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an 
airport does not need to participate in the basic pilot program 
(E-Verify Program) under section 402 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), the Assistant Secretary shall certify to the Committees 
on Appropriations of the Senate and the House of 
Representatives that no security risks will result from such 
non-participation.
    Sec. 539. (a) Notwithstanding any other provision of this 
Act, except as provided in subsection (b), and 30 days after 
the date that the President determines whether to declare a 
major disaster because of an event and any appeal is completed, 
the Administrator shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate, the Committee 
on Homeland Security of the House of Representatives, the 
Committee on Transportation and Infrastructure of the House of 
Representatives, the Committees on Appropriations of the Senate 
and the House of Representatives, and publish on the website of 
the Federal Emergency Management Agency, a report regarding 
that decision, which shall summarize damage assessment 
information used to determine whether to declare a major 
disaster.
    (b) The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines would 
compromise national security.
    (c) In this section--
            (1) the term ``Administrator'' means the 
        Administrator of the Federal Emergency Management 
        Agency; and
            (2) the term ``major disaster'' has the meaning 
        given that term in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5122).
    Sec. 540. Notwithstanding any other provision of law, 
should the Secretary of Homeland Security determine that the 
National Bio- and Agro-defense Facility be located at a site 
other than Plum Island, New York, the Secretary shall have the 
Administrator of General Services sell through public sale all 
real and related personal property and transportation assets 
which support Plum Island operations, subject to such terms and 
conditions as necessary to protect government interests and 
meet program requirements: Provided, That the gross proceeds of 
such sale shall be deposited as offsetting collections into the 
Department of Homeland Security Science and Technology 
``Research, Development, Acquisition, and Operations'' account 
and, subject to appropriation, shall be available until 
expended, for site acquisition, construction, and costs related 
to the construction of the National Bio- and Agro-defense 
Facility, including the costs associated with the sale, 
including due diligence requirements, necessary environmental 
remediation at Plum Island, and reimbursement of expenses 
incurred by the General Services Administration which shall not 
exceed 1 percent of the sale price or $5,000,000, whichever is 
greater: Provided further, That after the completion of 
construction and environmental remediation, the unexpended 
balances of funds appropriated for costs in the preceding 
proviso shall be available for transfer to the appropriate 
account for design and construction of a consolidated 
Department of Homeland Security Headquarters project, excluding 
daily operations and maintenance costs, notwithstanding section 
503 of this Act, and the Committees on Appropriations of the 
Senate and the House of Representatives shall be notified 15 
days prior to such transfer.
    Sec. 541. The explanatory statement referenced in section 4 
of Public Law 110-161 for ``National Predisaster Mitigation 
Fund'' under Federal Emergency Management Agency is deemed to 
be amended--
            (1) by striking ``Dalton Fire District'' and all 
        that follows through ``750,000'' and inserting the 
        following:


``Franklin Regional Council of Governments, MA.............      250,000
Town of Lanesborough, MA...................................      175,000
University of Massachusetts, MA............................   175,000'';



            (2) by striking ``Santee and'';
            (3) by striking ``3,000,000'' and inserting 
        ``1,500,000'';
            (4) by inserting after the item relating to 
        Adjutant General's Office of Emergency Preparedness the 
        following:


Town of Branchville, SC.................................    1,500,000'';



    and
            (5) by striking ``Public Works Department of the 
        City of Santa Cruz, CA'' and inserting ``Monterey 
        County Water Resources Agency, CA''.
    Sec. 542. Any official that is required by this Act to 
report or certify to the Committees on Appropriations of the 
Senate and the House of Representatives may not delegate such 
authority to perform that act unless specifically authorized 
herein.
    Sec. 543. Section 203(m) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is 
amended by striking ``September 30, 2009'' and inserting 
``September 30, 2010''.
    Sec. 544. (a) Not later than 3 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
consult with the Secretaries of Defense and Transportation and 
develop a concept of operations for unmanned aircraft systems 
in the United States national airspace system for the purposes 
of border and maritime security operations.
    (b) The Secretary of Homeland Security shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 30 days after the date of 
enactment of this Act on any foreseeable challenges to 
complying with subsection (a).
    Sec. 545. From unobligated amounts that are available to 
the Coast Guard for fiscal year 2008 or 2009 for ``Acquisition, 
Construction, and Improvements'' for shoreside facilities and 
aids to navigation at Coast Guard Sector Buffalo, the Secretary 
of Homeland Security shall use such sums as may be necessary to 
make improvements to the land along the northern portion of 
Sector Buffalo to enhance public access to the Buffalo 
Lighthouse and the waterfront.
    Sec. 546. For fiscal year 2010 and thereafter, the 
Secretary may provide to personnel appointed or assigned to 
serve abroad, allowances and benefits similar to those provided 
under chapter 9 of title I of the Foreign Service Act of 1990 
(22 U.S.C. 4081 et seq.).
    Sec. 547. Section 401(b) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is amended by striking ``at the end of the 11-year period 
beginning on the first day the pilot program is in effect.'' 
and inserting ``on September 30, 2012.''.
    Sec. 548. Section 610(b) of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by 
striking ``for 15 years'' and inserting ``until September 30, 
2012''.
    Sec. 549. (a) In addition to collection of registration 
fees described in section 244(c)(1)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1254a(c)(1)(B)), fees for 
fingerprinting services, biometric services, and other 
necessary services may be collected when administering the 
program described in section 244 of such Act.
    (b) Subsection (a) shall be construed to apply for fiscal 
year 1998 and each fiscal year thereafter.  
    Sec. 550.  Section 550(b) of the Department of Homeland 
Security Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 
121 note) is amended by striking ``three years after the date 
of enactment of this Act'' and inserting ``on October 4, 
2010''.  
    Sec. 551. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 
403(c)(1), and 405(b)(2) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 
104-208; 8 U.S.C. 1324a note) are amended by striking  ``basic 
pilot program'' each place that term appears and inserting  
``E-Verify Program''.
    (2) The heading of section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 is 
amended by striking ``Basic Pilot'' and inserting ``E-Verify''.
    (b) Section 404(h)(1) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
U.S.C. 1324a note) is amended by striking ``under a pilot 
program'' and inserting ``under this subtitle''.
      Sec. 552. (a) None of the funds made available in this or 
any other Act may be used to release an individual who is 
detained, as of June 24, 2009, at Naval Station, Guantanamo 
Bay, Cuba, into the continental United States, Alaska, Hawaii, 
or the District of Columbia, into any of the United States 
territories of Guam, American Samoa (AS), the United States 
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI).
      (b) None of the funds made available in this or any other 
Act may be used to transfer an individual who is detained, as 
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 
the continental United States, Alaska, Hawaii, or the District 
of Columbia, into any of the United States territories of Guam, 
American Samoa (AS), the United States Virgin Islands (USVI), 
the Commonwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI), for the purpose of detention, 
except as provided in subsection (c).
      (c) None of the funds made available in this or any other 
Act may be used to transfer an individual who is detained, as 
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 
the continental United States, Alaska, Hawaii, or the District 
of Columbia, into any of the United States territories of Guam, 
American Samoa (AS), the United States Virgin Islands (USVI), 
the Commonwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI), for the purposes of 
prosecuting such individual, or detaining such individual 
during legal proceedings, until 45 days after the plan 
described in subsection (d) is received.
      (d) The President shall submit to Congress, in classified 
form, a plan regarding the proposed disposition of any 
individual covered by subsection (c) who is detained as of June 
24, 2009. Such plan shall include, at a minimum, each of the 
following for each such individual:
            (1) A determination of the risk that the individual 
        might instigate an act of terrorism within the 
        continental United States, Alaska, Hawaii, the District 
        of Columbia, or the United States territories if the 
        individual were so transferred.
            (2) A determination of the risk that the individual 
        might advocate, coerce, or incite violent extremism, 
        ideologically motivated criminal activity, or acts of 
        terrorism, among inmate populations at incarceration 
        facilities within the continental United States, 
        Alaska, Hawaii, the District of Columbia, or the United 
        States territories if the individual were transferred 
        to such a facility.
            (3) The costs associated with transferring the 
        individual in question.
            (4) The legal rationale and associated court 
        demands for transfer.
            (5) A plan for mitigation of any risks described in 
        paragraphs (1), (2), and (7).
            (6) A copy of a notification to the Governor of the 
        State to which the individual will be transferred, to 
        the Mayor of the District of Columbia if the individual 
        will be transferred to the District of Columbia, or to 
        any United States territories with a certification by 
        the Attorney General of the United States in classified 
        form at least 14 days prior to such transfer (together 
        with supporting documentation and justification) that 
        the individual poses little or no security risk to the 
        United States.
            (7) An assessment of any risk to the national 
        security of the United States or its citizens, 
        including members of the Armed Services of the United 
        States, that is posed by such transfer and the actions 
        taken to mitigate such risk.
      (e) None of the funds made available in this or any other 
Act may be used to transfer or release an individual detained 
at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to 
the country of such individual's nationality or last habitual 
residence or to any other country other than the United States 
or to a freely associated State, unless the President submits 
to the Congress, in classified form, at least 15 days prior to 
such transfer or release, the following information:
            (1) The name of any individual to be transferred or 
        released and the country or the freely associated State 
        to which such individual is to be transferred or 
        released.
            (2) An assessment of any risk to the national 
        security of the United States or its citizens, 
        including members of the Armed Services of the United 
        States, that is posed by such transfer or release and 
        the actions taken to mitigate such risk.
            (3) The terms of any agreement with the country or 
        the freely associated State for the acceptance of such 
        individual, including the amount of any financial 
        assistance related to such agreement.
      (f) None of the funds made available in this Act may be 
used to provide any immigration benefit (including a visa, 
admission into the United States or any of the United States 
territories, parole into the United States or any of the United 
States territories (other than parole for the purposes of 
prosecution and related detention), or classification as a 
refugee or applicant for asylum) to any individual who is 
detained, as of June 24, 2009, at Naval Station, Guantanamo 
Bay, Cuba.
      (g) In this section, the term ``freely associated 
States'' means the Federated States of Micronesia (FSM), the 
Republic of the Marshall Islands (RMI), and the Republic of 
Palau.
      (h) Prior to the termination of detention operations at 
Naval Station, Guantanamo Bay, Cuba, the President shall submit 
to the Congress a report in classified form describing the 
disposition or legal status of each individual detained at the 
facility as of the date of enactment of this Act.
    Sec. 553.  Section 44903(j)(2)(C) of title 49, United 
States Code, is amended by adding at the end the following new 
clause:
                            ``(v) Inclusion of detainees on no 
                        fly list.--The Assistant Secretary, in 
                        coordination with the Terrorist 
                        Screening Center, shall include on the 
                        No Fly List any individual who was a 
                        detainee held at the Naval Station, 
                        Guantanamo Bay, Cuba, unless the 
                        President certifies in writing to 
                        Congress that the detainee poses no 
                        threat to the United States, its 
                        citizens, or its allies. For purposes 
                        of this clause, the term `detainee' 
                        means an individual in the custody or 
                        under the physical control of the 
                        United States as a result of armed 
                        conflict.''.
    Sec. 554.  For fiscal year 2010 and thereafter, the 
Secretary of Homeland Security may collect fees from any non-
Federal participant in a conference, seminar, exhibition, 
symposium, or similar meeting conducted by the Department of 
Homeland Security in advance of the conference, either directly 
or by contract, and those fees shall be credited to the 
appropriation or account from which the costs of the 
conference, seminar, exhibition, symposium, or similar meeting 
are paid and shall be available to pay the costs of the 
Department of Homeland Security with respect to the conference 
or to reimburse the Department for costs incurred with respect 
to the conference: Provided, That in the event the total amount 
of fees collected with respect to a conference exceeds the 
actual costs of the Department of Homeland Security with 
respect to the conference, the amount of such excess shall be 
deposited into the Treasury as miscellaneous receipts: Provided 
further, That the Secretary shall provide a report to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than January 5, 2011, providing the 
level of collections and a summary by agency of the purposes 
and levels of expenditures for the prior fiscal year, and shall 
report annually thereafter.
    Sec. 555.  For purposes of section 210C of the Homeland 
Security Act of 2002 (6 U.S.C. 124j) a rural area shall also 
include any area that is located in a metropolitan statistical 
area and a county, borough, parish, or area under the 
jurisdiction of an Indian tribe with a population of not more 
than 50,000.
    Sec. 556.  None of the funds made available in this Act may 
be used for first-class travel by the employees of agencies 
funded by this Act in contravention of sections 301-10.122 
through 301.10-124 of title 41, Code of Federal Regulations.
    Sec. 557.  None of the funds made available in this Act may 
be used to propose or effect a disciplinary or adverse action, 
with respect to any Department of Homeland Security employee 
who engages regularly with the public in the performance of his 
or her official duties solely because that employee elects to 
utilize protective equipment or measures, including but not 
limited to surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of such equipment or measures is in 
accord with Department of Homeland Security policy, and Centers 
for Disease Control and Prevention and Office of Personnel 
Management guidance.
    Sec. 558.  None of the funds made available in this Act may 
be used to employ workers described in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). 
    Sec. 559. (a) Subject to subsection (b), none of the funds 
appropriated or otherwise made available by this Act may be 
available to operate the Loran-C signal after January 4, 2010.
    (b) The limitation in subsection (a) shall take effect only 
if:
            (1) the Commandant of the Coast Guard certifies 
        that the termination of the operation of the Loran-C 
        signal as of the date specified in subsection (a) will 
        not adversely impact the safety of maritime navigation; 
        and
            (2) the Secretary of Homeland Security certifies 
        that the Loran-C system infrastructure is not needed as 
        a backup to the Global Positioning System or to meet 
        any other Federal navigation requirement.
    (c) If the certifications described in subsection (b) are 
made, the Coast Guard shall, commencing January 4, 2010, 
terminate the operation of the Loran-C signal and commence a 
phased decommissioning of the Loran-C system infrastructure.
    (d) Not later than 30 days after such certifications 
pursuant to subsection (b), the Commandant shall submit to the 
Committees on Appropriations of the Senate and House of 
Representatives a report setting forth a proposed schedule for 
the phased decommissioning of the Loran-C system infrastructure 
in the event of the decommissioning of such infrastructure in 
accordance with subsection (c).
    (e) If the certifications described in subsection (b) are 
made, the Secretary of Homeland Security, acting through the 
Commandant of the Coast Guard, may, notwithstanding any other 
provision of law, sell any real and personal property under the 
administrative control of the Coast Guard and used for the 
Loran-C system, by directing the Administrator of General 
Services to sell such real and personal property, subject to 
such terms and conditions that the Secretary believes to be 
necessary to protect government interests and program 
requirements of the Coast Guard: Provided, That the proceeds, 
less the costs of sale incurred by the General Services 
Administration, shall be deposited as offsetting collections 
into the Coast Guard ``Environmental Compliance and 
Restoration'' account and, subject to appropriation, shall be 
available until expended for environmental compliance and 
restoration purposes associated with the Loran-C system, for 
the costs of securing and maintaining equipment that may be 
used as a backup to the Global Positioning System or to meet 
any other Federal navigation requirement, for the demolition of 
improvements on such real property, and for the costs 
associated with the sale of such real and personal property, 
including due diligence requirements, necessary environmental 
remediation, and reimbursement of expenses incurred by the 
General Services Administration: Provided further, That after 
the completion of such activities, the unexpended balances 
shall be available for any other environmental compliance and 
restoration activities of the Coast Guard.
    Sec. 560. (a) None of the funds made available by this Act 
may be obligated for construction of the National Bio- and 
Agro-defense Facility on the United States mainland until 30 
days after the later of:
            (1) the date on which the Secretary of Homeland 
        Security submits to the Committee on Appropriations of 
        the Senate and the House of Representatives a site-
        specific bio-safety and bio-security mitigation risk 
        assessment, which includes an integrated set of 
        analyses using plume modeling and epidemiologic impact 
        modeling, to determine the requirements necessary to 
        ensure safe operation of the National Bio- and Agro-
        defense Facility at the approved Manhattan, Kansas, 
        site identified in the January 16, 2009, record of 
        decision published in Federal Register Vol. 74, Number 
        11, and the results of the National Academy of 
        Sciences' review of the risk assessment as described in 
        paragraph (b): Provided, That the integrated set of 
        analyses is to determine the extent of the dispersion 
        of the foot-and-mouth virus following a potential 
        laboratory spill, the potential spread of foot-and-
        mouth disease in the surrounding susceptible animal 
        population, and its economic impact: Provided further, 
        That the integrated set of analyses should also take 
        into account specific local, State, and national risk 
        mitigation strategies; or
            (2) the date on which the Secretary of Homeland 
        Security, in coordination with the Secretary of 
        Agriculture, submits to the Committees on 
        Appropriations of the Senate and the House of 
        Representatives a report that:
                    (A) describes the procedure that will be 
                used to issue the permit to conduct foot-and-
                mouth disease live virus research under section 
                7524 of the Food, Conservation, and Energy Act 
                of 2008 (21 U.S.C. 113a note; Public Law 110-
                246); and
                    (B) includes plans to establish an 
                emergency response plan with city, regional, 
                and State officials in the event of an 
                accidental release of foot-and-mouth disease or 
                another hazardous pathogen.
    (b) With regard to the integrated set of analyses included 
in the mitigation risk assessment required under paragraph 
(a)(1), the Secretary of Homeland Security shall enter into a 
contract with the National Academy of Sciences to evaluate the 
mitigation risk assessment required by subsection (a)(1) of 
this section and to submit a Letter Report: Provided, That such 
contract shall be entered into within 90 days from the date of 
enactment of this Act, and the National Academy of Sciences 
shall complete its assessment and submit its Letter Report 
within four months after the date the Department of Homeland 
Security concludes the risk assessment.
    Sec. 561. (a) Short Title.--This section may be cited as 
the ``American Communities' Right to Public Information Act''.
    (b) In General.--Section 70103(d) of title 46, United 
States Code, is amended to read as follows:
    ``(d) Nondisclosure of Information.--
            ``(1) In general.--Information developed under this 
        section or sections 70102, 70104, and 70108 is not 
        required to be disclosed to the public, including--
                    ``(A) facility security plans, vessel 
                security plans, and port vulnerability 
                assessments; and
                    ``(B) other information related to security 
                plans, procedures, or programs for vessels or 
                facilities authorized under this section or 
                sections 70102, 70104, and 70108.
            ``(2) Limitations.--Nothing in paragraph (1) shall 
        be construed to authorize the designation of 
        information as sensitive security information (as 
        defined in section 1520.5 of title 49, Code of Federal 
        Regulations)--
                    ``(A) to conceal a violation of law, 
                inefficiency, or administrative error;
                    ``(B) to prevent embarrassment to a person, 
                organization, or agency;
                    ``(C) to restrain competition; or
                    ``(D) to prevent or delay the release of 
                information that does not require protection in 
                the interest of transportation security, 
                including basic scientific research information 
                not clearly related to transportation 
                security.''.
    (c) Conforming Amendments.--
            (1) Section 114(r) of title 49, United States Code, 
        is amended by adding at the end thereof the following:
            ``(4) Limitations.--Nothing in this subsection, or 
        any other provision of law, shall be construed to 
        authorize the designation of information as sensitive 
        security information (as defined in section 1520.5 of 
        title 49, Code of Federal Regulations)--
                    ``(A) to conceal a violation of law, 
                inefficiency, or administrative error;
                    ``(B) to prevent embarrassment to a person, 
                organization, or agency;
                    ``(C) to restrain competition; or
                    ``(D) to prevent or delay the release of 
                information that does not require protection in 
                the interest of transportation security, 
                including basic scientific research information 
                not clearly related to transportation 
                security.''.
            (2) Section 40119(b) of title 49, United States 
        Code, is amended by adding at the end thereof the 
        following:
            ``(3) Nothing in paragraph (1) shall be construed 
        to authorize the designation of information as 
        sensitive security information (as defined in section 
        15.5 of title 49, Code of Federal Regulations)--
                    ``(A) to conceal a violation of law, 
                inefficiency, or administrative error;
                    ``(B) to prevent embarrassment to a person, 
                organization, or agency;
                    ``(C) to restrain competition; or
                    ``(D) to prevent or delay the release of 
                information that does not require protection in 
                the interest of transportation security, 
                including basic scientific research information 
                not clearly related to transportation 
                security.''.
    Sec. 562.  Section 4 of the Act entitled ``An Act to 
prohibit the introduction, or manufacture for introduction, 
into interstate commerce of switchblade knives, and for other 
purposes'' (commonly known as the Federal Switchblade Act) (15 
U.S.C. 1244) is amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph 
        (4) and inserting  ``; or''  and
            (3) by adding at the end the following:
            ``(5) a knife that contains a spring, detent, or 
        other mechanism designed to create a bias toward 
        closure of the blade and that requires exertion applied 
        to the blade by hand, wrist, or arm to overcome the 
        bias toward closure to assist in opening the knife.''.
    Sec. 563. (a) Applicable Annual Percentage Rate of 
Interest.--Section 44(f)(1) of the Federal Deposit Insurance 
Act (12 U.S.C. 1831u(f)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by 
        inserting ``(or in the case of a governmental entity 
        located in such State, paid)'' after ``received, or 
        reserved''; and
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by 
                striking ``nondepository institution operating 
                in such State'' and inserting ``governmental 
                entity located in such State or any person that 
                is not a depository institution described in 
                subparagraph (A) doing business in such 
                State'';
                    (B) by redesignating clause (ii) as clause 
                (iii);
                    (C) in clause (i)--
                            (i) in subclause (III)--
                                    (I) in item (aa), by adding 
                                ``and'' at the end;
                                    (II) in item (bb), by 
                                striking ``, to facilitate'' 
                                and all that follows through 
                                ``2009''; and
                                    (III) by striking item 
                                (cc); and
                            (ii) by adding after subclause 
                        (III) the following:
                                    ``(IV) the uniform 
                                accessibility of bonds and 
                                obligations issued under the 
                                American Recovery and 
                                Reinvestment Act of 2009;''; 
                                and
                    (D) by inserting after clause (i) the 
                following:
                            ``(ii) to facilitate interstate 
                        commerce through the issuance of bonds 
                        and obligations under any provision of 
                        State law, including bonds and 
                        obligations for the purpose of economic 
                        development, education, and 
                        improvements to infrastructure; and''.
    (b) Rule of Construction.--Section 44(f)(2) of the Federal 
Deposit Insurance Act (12 U.S.C. 1831u(f)(2)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        clauses (i) and (ii), respectively, and moving the 
        margins 2 ems to the right;
            (2) by striking ``No provision'' and inserting the 
        following:
                    ``(A) In general.--No provision''; and
            (3) by adding at the end the following:
                    ``(B) Applicability.--This subsection shall 
                be construed to apply to any loan or discount 
                made, or note, bill of exchange, financing 
                transaction, or other evidence of debt, 
                originated by an insured depository 
                institution, a governmental entity located in 
                such State, or a person that is not a 
                depository institution described in 
                subparagraph (A) doing business in such 
                State.''.
    (c) Effective Period.--The amendments made by this section 
shall apply with respect to contracts consummated during the 
period beginning on the date of enactment of this Act and 
ending on December 31, 2010.
    Sec. 564. (a) Short Title.--This section may be cited as 
the ``OPEN FOIA Act of 2009''.
    (b) Specific Citations in Statutory Exemptions.--Section 
552(b) of title 5, United States Code, is amended by striking 
paragraph (3) and inserting the following:
            ``(3) specifically exempted from disclosure by 
        statute (other than section 552b of this title), if 
        that statute--
                    ``(A)(i) requires that the matters be 
                withheld from the public in such a manner as to 
                leave no discretion on the issue; or
                    ``(ii) establishes particular criteria for 
                withholding or refers to particular types of 
                matters to be withheld; and
                    ``(B) if enacted after the date of 
                enactment of the OPEN FOIA Act of 2009, 
                specifically cites to this paragraph.''.
    Sec. 565. (a) Short Title.--This section may be cited as 
the ``Protected National Security Documents Act of 2009''.
    (b) Notwithstanding any other provision of the law to the 
contrary, no protected document, as defined in subsection (c), 
shall be subject to disclosure under section 552 of title 5, 
United States Code or any proceeding under that section.
    (c) Definitions.--In this section:
            (1) Protected document.--The term ``protected 
        document'' means any record--
                    (A) for which the Secretary of Defense has 
                issued a certification, as described in 
                subsection (d), stating that disclosure of that 
                record would endanger citizens of the United 
                States, members of the United States Armed 
                Forces, or employees of the United States 
                Government deployed outside the United States; 
                and
                    (B) that is a photograph that--
                            (i) was taken during the period 
                        beginning on September 11, 2001, 
                        through January 22, 2009; and
                            (ii) relates to the treatment of 
                        individuals engaged, captured, or 
                        detained after September 11, 2001, by 
                        the Armed Forces of the United States 
                        in operations outside of the United 
                        States.
            (2) Photograph.--The term ``photograph'' 
        encompasses all photographic images, whether originals 
        or copies, including still photographs, negatives, 
        digital images, films, video tapes, and motion 
        pictures.
    (d) Certification.--
            (1) In general.--For any photograph described under 
        subsection (c)(1), the Secretary of Defense shall issue 
        a certification if the Secretary of Defense determines 
        that disclosure of that photograph would endanger 
        citizens of the United States, members of the United 
        States Armed Forces, or employees of the United States 
        Government deployed outside the United States.
            (2) Certification expiration.--A certification and 
        a renewal of a certification issued pursuant to 
        subsection (d)(3) shall expire 3 years after the date 
        on which the certification or renewal, is issued by the 
        Secretary of Defense.
            (3) Certification renewal.--The Secretary of 
        Defense may issue--
                    (A) a renewal of a certification at any 
                time; and
                    (B) more than 1 renewal of a certification.
            (4) Notice to congress.--The Secretary of Defense 
        shall provide Congress a timely notice of the 
        Secretary's issuance of a certification and of a 
        renewal of a certification.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to preclude the voluntary disclosure of a protected 
document.
    (f) Effective Date.--This section shall take effect on the 
date of enactment of this Act and apply to any protected 
document.
    Sec. 566.  The administrative law judge annuitants 
participating in the Senior Administrative Law Judge Program 
managed by the Director of the Office of Personnel Management 
under section 3323 of title 5, United States Code, shall be 
available on a temporary reemployment basis to conduct 
arbitrations of disputes as part of the arbitration panel 
established by the President under section 601 of division A of 
the American Recovery and Reinvestment Act of 2009 (Public Law 
111-5; 123 Stat. 164).
    Sec. 567. (a) In General.--Any company that collects or 
retains personal information directly from individuals who 
participated in the Registered Traveler program shall safeguard 
and dispose of such information in accordance with the 
requirements in--
            (1) the National Institute for Standards and 
        Technology Special Publication 800-30, entitled ``Risk 
        Management Guide for Information Technology Systems''; 
        and
            (2) the National Institute for Standards and 
        Technology Special Publication 800-53, Revision 3, 
        entitled ``Recommended Security Controls for Federal 
        Information Systems and Organizations,'';
            (3) any supplemental standards established by the 
        Assistant Secretary, Transportation Security 
        Administration (referred to in this section as the 
        ``Assistant Secretary'').
    (b) Certification.--The Assistant Secretary shall require 
any company through the sponsoring entity described in 
subsection (a) to provide, not later than 30 days after the 
date of the enactment of this Act, written certification to the 
sponsoring entity that such procedures are consistent with the 
minimum standards established under paragraph (a)(1-3) with a 
description of the procedures used to comply with such 
standards.
    (c) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Assistant Secretary shall submit a 
report to Congress that--
            (1) describes the procedures that have been used to 
        safeguard and dispose of personal information collected 
        through the Registered Traveler program; and
            (2) provides the status of the certification by any 
        company described in subsection (a) that such 
        procedures are consistent with the minimum standards 
        established by paragraph (a)(1-3).
    Sec. 568. (a) Special Immigrant Nonminister Religious 
Worker Program and Other Immigration Programs.--
            (1) Extension.--Subclauses (II) and (III) of 
        section 101(a)(27)(C)(ii) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are 
        amended by striking ``September 30, 2009,'' each place 
        such term appears and inserting ``September 30, 
        2012,''.
            (2) Study and plan.--Not later than 180 days after 
        the date of the enactment of this Act, the Director of 
        United States Citizenship and Immigration Services 
        shall submit a report to the Committee on the Judiciary 
        of the Senate and the Committee on the Judiciary of the 
        House of Representatives that includes--
                    (A) the results of a study conducted under 
                the supervision of the Director to evaluate the 
                Special Immigrant Nonminister Religious Worker 
                Program to identify the risks of fraud and 
                noncompliance by program participants; and
                    (B) a detailed plan that describes the 
                actions to be taken by United States 
                Citizenship and Immigration Services to improve 
                the integrity of the program.
            (3) Progress report.--Not later than 240 days after 
        the submission of the report under paragraph (2), the 
        Director of United States Citizenship and Immigration 
        Services shall submit a report to the Committee on the 
        Judiciary of the Senate and the Committee on the 
        Judiciary of the House of Representatives that 
        describes the progress made in implementing the plan 
        described in clause (a)(2)(B) of this section.
    (b) Conrad State 30 J-1 Visa Waiver Program.--Section 
220(c) of the Immigration and Nationality Technical Corrections 
Act of 1994 (8 U.S.C. 1182 note) is amended by striking 
``September 30, 2009'' and inserting ``September 30, 2012''.
    (c) Relief for Surviving Spouses.--
            (1) In general.--The second sentence of section 
        201(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking 
        ``for at least 2 years at the time of the citizen's 
        death''.
            (2) Applicability.--
                    (A) In general.--The amendment made by 
                paragraph (1) shall apply to all applications 
                and petitions relating to immediate relative 
                status under section 201(b)(2)(A)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1151(b)(2)(A)(i)) pending on or after the date 
                of the enactment of this Act.
                    (B) Transition cases.--
                            (i) In general.--Notwithstanding 
                        any other provision of law, an alien 
                        described in clause (ii) who seeks 
                        immediate relative status pursuant to 
                        the amendment made by paragraph (1) 
                        shall file a petition under section 
                        204(a)(1)(A)(ii) of the Immigration and 
                        Nationality Act (8 U.S.C. 
                        1154(a)(1)(A)(ii)) not later than the 
                        date that is 2 years after the date of 
                        the enactment of this Act.
                            (ii) Aliens described.--An alien is 
                        described in this clause if--
                                    (I) the alien's United 
                                States citizen spouse died 
                                before the date of the 
                                enactment of this Act;
                                    (II) the alien and the 
                                citizen spouse were married for 
                                less than 2 years at the time 
                                of the citizen spouse's death; 
                                and
                                    (III) the alien has not 
                                remarried.
    (d) Surviving Relative Consideration for Certain Petitions 
and Applications.--
            (1) Amendment.--Section 204 of the Immigration and 
        Nationality Act (8 U.S.C. 1154) is amended by adding at 
        the end the following:
    ``(l) Surviving Relative Consideration for Certain 
Petitions and Applications.--
            ``(1) In general.--An alien described in paragraph 
        (2) who resided in the United States at the time of the 
        death of the qualifying relative and who continues to 
        reside in the United States shall have such petition 
        described in paragraph (2), or an application for 
        adjustment of status to that of a person admitted for 
        lawful permanent residence based upon the family 
        relationship described in paragraph (2), and any 
        related applications, adjudicated notwithstanding the 
        death of the qualifying relative, unless the Secretary 
        of Homeland Security determines, in the unreviewable 
        discretion of the Secretary, that approval would not be 
        in the public interest.
            ``(2) Alien described.--An alien described in this 
        paragraph is an alien who, immediately prior to the 
        death of his or her qualifying relative, was--
                    ``(A) the beneficiary of a pending or 
                approved petition for classification as an 
                immediate relative (as described in section 
                201(b)(2)(A)(i));
                    ``(B) the beneficiary of a pending or 
                approved petition for classification under 
                section 203 (a) or (d);
                    ``(C) a derivative beneficiary of a pending 
                or approved petition for classification under 
                section 203(b) (as described in section 
                203(d));
                    ``(D) the beneficiary of a pending or 
                approved refugee/asylee relative petition under 
                section 207 or 208;
                    ``(E) an alien admitted in `T' nonimmigrant 
                status as described in section 
                101(a)(15)(T)(ii) or in `U' nonimmigrant status 
                as described in section 101(a)(15)(U)(ii); or
                    ``(F) an asylee (as described in section 
                208(b)(3)).''.
            (2) Construction.--Nothing in the amendment made by 
        paragraph (1) may be construed to limit or waive any 
        ground of removal, basis for denial of petition or 
        application, or other criteria for adjudicating 
        petitions or applications as otherwise provided under 
        the immigration laws of the United States other than 
        ineligibility based solely on the lack of a qualifying 
        family relationship as specifically provided by such 
        amendment.
    (e) Conforming Amendment to Affidavit of Support 
Requirement.--Section 213A(f)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1183a(5)) is amended by striking 
clauses (i) and (ii) and inserting:
                            ``(i) the individual petitioning 
                        under section 204 of this Act for the 
                        classification of such alien died after 
                        the approval of such petition, and the 
                        Secretary of Homeland Security has 
                        determined for humanitarian reasons 
                        that revocation of such petition under 
                        section 205 would be inappropriate; or
                            ``(ii) the alien's petition is 
                        being adjudicated pursuant to section 
                        204(l) (surviving relative 
                        consideration).''.
    Sec. 569.  Notwithstanding any other provision of this Act, 
none of the funds appropriated or otherwise made available by 
this Act may be used to pay award or incentive fees for 
contractor performance that has been judged to be below 
satisfactory performance or performance that does not meet the 
basic requirements of a contract.
    Sec. 570.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any federal contract unless such 
contract is entered into in accordance with the requirements of 
the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 253) or Chapter 137 of title 10, United States Code, 
and the Federal Acquisition Regulation, unless such contract is 
otherwise authorized by statute to be entered into without 
regard to the above referenced statutes.
    Sec. 571. (a) Funds made available by this Act solely for 
data center migration may be transferred by the Secretary 
between appropriations for the same purpose, notwithstanding 
section 503 of this Act.
    (b) No transfer described in (a) shall occur until 15 days 
after the Committees on Appropriations of the Senate and the 
House and Representatives are notified of such transfer.
    Sec. 572.  Specific projects contained in the report of the 
Committee on Appropriations of the House of Representatives 
accompanying this Act (H. Rept. 111-157) that are considered 
congressional earmarks for purposes of clause 9 of rule XXI of 
the Rules of the House of Representatives, when intended to be 
awarded to a for-profit entity, shall be awarded under a full 
and open competition.
    Sec. 573.  From unobligated balances for fiscal year 2009 
made available for Federal Emergency Management Agency 
``Trucking Industry Security Grants'', $5,572,000 are 
rescinded.
    Sec. 574.  From the unobligated balances of prior year 
appropriations made available for ``Analysis and Operations'', 
$2,358,000 are rescinded.
    Sec. 575.  From the unobligated balances of prior year 
appropriations made available for National Protection and 
Programs Directorate ``Infrastructure Protection and 
Information Security'', $8,000,000 are rescinded.
    Sec. 576.  From the unobligated balances of prior year 
appropriations made available for Science and Technology 
``Research, Development, Acquisition, and Operations'', 
$6,944,148 are rescinded.
    Sec. 577.  From the unobligated balances of prior year 
appropriations made available for Domestic Nuclear Detection 
Office ``Research, Development, and Operations'', $8,000,000 
are rescinded.
    Sec. 578.  From the unobligated balances of prior year 
appropriations made available for Transportation Security 
Administration ``Research and Development'', $4,000,000 are 
rescinded.
    Sec. 579.  From the unobligated balances of prior year 
appropriations made available for Coast Guard ``Acquisition, 
Construction, and Improvements'', $800,000 are rescinded: 
Provided, That these rescissions shall be taken from completed 
projects.
    Sec. 580.  Of the amounts available under the heading 
``Counterterrorism Fund'', $5,600,000 are rescinded. 
    This Act may be cited as the ``Department of Homeland 
Security Appropriations Act, 2010''.
    And the Senate agree to the same.
                                   David R. Obey,
                                   David E. Price,
                                   Jose E. Serrano,
                                   Ciro D. Rodriguez,
                                   C.A. Dutch Ruppersberger,
                                   Alan B. Mollohan,
                                   Nita M. Lowey,
                                   Lucille Roybal-Allard,
                                   Sam Farr,
                                   Steven R. Rothman,
                                 Managers on the Part of the House.

                                   Robert C. Byrd,
                                   Daniel K. Inouye,
                                   Patrick J. Leahy
                                           (with a reservation on the 
                                               EB-5 agreement),
                                   Barbara A. Mikulski,
                                   Patty Murray,
                                   Mary L. Landrieu,
                                   Frank R. Lautenberg,
                                   Jon Tester,
                                   Arlen Specter,
                                   George V. Voinovich,
                                   Thad Cochran,
                                   Judd Gregg,
                                   Richard C. Shelby,
                                   Sam Brownback,
                                   Lisa Murkowski,
                                Managers on the Part of the Senate.
                      JOINT EXPLANATORY STATEMENT

      The managers on the part of the House and Senate at the 
conference on the disagreeing votes of the two Houses on the 
amendment of the Senate to the bill (H.R. 2892), making 
appropriations for the Department of Homeland Security (DHS) 
for the fiscal year ending September 30, 2010, and for other 
purposes, submit the following joint statement to the House and 
the Senate in explanation of the effects of the action agreed 
upon by the managers and recommended in the accompanying 
conference report.
      Senate amendment: The Senate deleted the entire House 
bill after the enacting clause and inserted the Senate bill. 
The conference agreement includes a revised bill.
      The language and allocations contained in House Report 
111-157 and Senate Report 111-31 should be complied with unless 
specifically addressed to the contrary in the conference report 
and joint explanatory statement. While repeating some report 
language for emphasis, this joint explanatory statement does 
not intend to negate the language referred to above unless 
expressly provided herein. In cases where both the House and 
Senate reports address a particular issue not specifically 
addressed in the conference report or joint explanatory 
statement, the Committees have determined the House report and 
the Senate report are not inconsistent and are to be 
interpreted accordingly.
      When this joint explanatory statement refers to the 
Committees or the Committees on Appropriations, unless 
otherwise noted, this reference is to the House Appropriations 
Subcommittee on Homeland Security and the Senate Appropriations 
Subcommittee on the Department of Homeland Security.
      Any reference to the Secretary shall be interpreted to 
mean the Secretary of Homeland Security; any reference to a 
Departmental component shall be interpreted to mean 
directorates, components, agencies, offices, or other 
organizations in the Department of Homeland Security; any 
reference to ``full-time equivalents'' shall be referred to as 
FTE; and any reference to ``program, project, and activity'' 
shall be referred to as PPA.
      Finally, this joint explanatory statement refers to 
certain laws and organizations as follows: Implementing 
Recommendations of the 9/11 Commission Act of 2007, Public Law 
110-53, is referenced as the 9/11 Act; Security And 
Accountability For Every Port Act of 2006, Public Law 109-347, 
is referenced as the SAFE Port Act; the American Recovery and 
Reinvestment Act of 2009, Public Law 111-5, is referenced as 
ARRA; the Department of Homeland Security is referenced as DHS; 
the Government Accountability Office is referenced as GAO; and 
the Office of Inspector General of the Department of Homeland 
Security is referenced as the IG.

                          Classified Programs

      Recommended adjustments to classified programs are 
addressed in a classified annex accompanying this joint 
explanatory statement. The DHS Office of the Chief Financial 
Officer is directed to ensure the material contained in this 
annex is appropriately disseminated to the relevant 
Departmental components.

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

                        Departmental Operations

      The conference agreement provides a total of 
$1,135,961,000 for Departmental Operations, 17 percent above 
the fiscal year 2009 enacted level (excluding ARRA funding) to 
address well documented shortfalls and challenges facing the 
Department's management components. Significant increases above 
last year's enacted level are provided to strengthen policy 
development and coordination, enhance procurement oversight, 
modernize financial and information technology systems, and 
accelerate the process of bringing qualified new staff on 
board. It is imperative that these resources be used 
effectively to manage the Department's many missions. It is 
also critical that the Department end its overreliance on 
contractors and develop the government staff and expertise 
necessary to perform these services.

            Office of the Secretary and Executive Management

      The conference agreement provides $147,818,000 for the 
Office of the Secretary and Executive Management instead of 
$117,727,000 as proposed by the House and $149,268,000 as 
proposed by the Senate.
      Reductions are made to the budget request due to delays 
in filling full-time permanent positions and high unexpended 
balances from previously appropriated funds within certain 
offices. Funding shall be allocated as follows:

Immediate Office of the Secretary.......................      $5,061,000
Immediate Office of the Deputy Secretary................       1,810,000
Chief of Staff..........................................       2,595,000
Office of Counternarcotics Enforcement..................       3,612,000
Executive Secretary.....................................       7,800,000
Office of Policy........................................      51,564,000
Office of Public Affairs................................       5,991,000
Office of Legislative Affairs...........................       6,797,000
Office of Intergovernmental Affairs.....................       2,800,000
Office of General Counsel...............................      24,028,000
Office for Civil Rights and Civil Liberties.............      21,104,000
Citizenship and Immigration Services Ombudsman..........       6,685,000
Privacy Officer.........................................       7,971,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................    $147,818,000

                       Travel Costs Consolidation

      The conference agreement approves the shift of $1,278,000 
from other accounts to the Immediate Office of the Secretary 
and $370,000 from other accounts to the Immediate Office of the 
Deputy Secretary to pay all costs associated with the DHS's use 
of government aircraft in support of the Secretary's and Deputy 
Secretary's travel, as proposed by the Senate. Previously, 
components paid a portion of the total government aircraft cost 
for personnel traveling in support of the Secretary or Deputy 
Secretary. This resulted in multiple interagency agreements and 
an unnecessary administrative burden. The intent of this 
consolidation is to provide a more efficient means of 
disbursing payment for these costs. The conference report 
includes language to ensure that components are no longer 
charged for these costs.

                Immediate Office of the Deputy Secretary

      The conference agreement provides $1,810,000 for the 
Immediate Office of the Deputy Secretary as proposed by the 
Senate instead of $1,440,000 as proposed by the House. The 
conferees expect the Deputy Secretary and Department to follow 
the direction outlined in the Senate report regarding 
coordination of efforts to secure chemical facilities and 
ensure prompt and effective after-accident safety 
investigations, including the reporting and briefing 
requirements.

                 Office of Counternarcotics Enforcement

      The conference agreement provides $3,612,000 for the 
Office of Counternarcotics Enforcement instead of $3,712,000 as 
proposed by the House and $3,718,000 as proposed by the Senate. 
The Office of Counternarcotics Enforcement is directed to 
submit a performance report on its activities to the Committees 
as outlined in the Senate report. The Secretary is directed to 
report by January 15, 2010, on whether it would be appropriate 
to shift the functions of this office into the Office of Policy 
or other Departmental office under this title.

                            Office of Policy

      The conference agreement provides $51,564,000 for the 
Office of Policy as proposed by both the House and Senate. The 
Office of Policy is directed to provide an expenditure plan no 
later than 60 days after the date of enactment of this Act, as 
outlined in the Senate report. The conference report includes a 
statutory provision withholding $15,000,000 until the 
expenditure plan is submitted. A total of $5,000,000 is 
included for the integrated requirements process and the 
Intermodal Security Coordination Office. The conferees require 
a detailed explanation of how and for what purpose these funds 
are being allocated as part of the fiscal year 2010 expenditure 
plan. The conferees urge the Department to ensure this funding 
does not create parallel structures or needlessly duplicate 
existing efforts. Contractor support for both initiatives shall 
not exceed 25 percent.

                  Quadrennial Homeland Security Review

      As mandated by section 2401 of the 9/11 Act, the 
Department is developing a Quadrennial Homeland Security Review 
(QHSR), including a budget plan required to carry out the 
findings of the review. The DHS budget should be derived from a 
strategic policy review that fully considers threat, risk, and 
mission requirements. Such a policy review should not be driven 
by outyear financial projections contained in the budget. 
Therefore, any budget projections included in the QHSR should 
be based on actual needs to sufficiently carry out the long-
term strategy and priorities for homeland security.

                  Office of Intergovernmental Affairs

      The conference agreement provides $2,800,000 for the 
Office of Intergovernmental Affairs as proposed by the House 
instead of $2,600,000 as proposed by the Senate. The name of 
this office has been modified as proposed by the Senate. This 
office has been moved from the Federal Emergency Management 
Agency as requested, and is assuming a new role. The Secretary 
is required to present a detailed organizational plan for the 
office as outlined in the House report.

                       Office of General Counsel

      The conference agreement provides $24,028,000 for the 
Office of General Counsel as proposed by the House and Senate. 
The conferees direct the Office of General Counsel to hire an 
additional attorney with expertise in appropriations law within 
the amount made available for this office, as proposed by the 
Senate.

              Office for Civil Rights and Civil Liberties

      The conference agreement provides $21,104,000 for the 
Office for Civil Rights and Civil Liberties instead of 
$22,104,000 as proposed by the House and Senate. A small 
reduction below the House and Senate levels is made as this 
office will likely lapse appropriated funds in fiscal year 
2009. The conferees encourage the use of authority under 
section 505 of this Act making 50 percent of those balances 
available in fiscal year 2010. The conferees direct the office 
to submit an expenditure plan no later than 60 days after the 
date of enactment of this Act, as outlined in the Senate 
report.

             Supporting Strategic Goals for Border Security

      Since DHS was established, the Committees have 
consistently supported robust enforcement efforts along both 
the Southwest and Northern borders with substantial 
appropriations, consistently above annual budget requests, for 
each Departmental component responsible for carrying out 
aspects of DHS's border security and counter-smuggling 
missions. Targeted enhancements for fiscal year 2010 are 
identified under relevant sections of this statement. The 
conferees direct the Secretary to clearly identify requested 
resources that support and align with the specific goals and 
objectives of the National Southwest Border Counternarcotics 
Strategy, released on June 5, 2009, and the U.S. Customs and 
Border Protection's Northern Border Strategy, released on 
August 27, 2009, in the fiscal year 2011 congressional budget 
justifications for U.S. Customs and Border Protection, U.S. 
Immigration and Customs Enforcement, Coast Guard, Intelligence 
and Analysis, and any other relevant Departmental components.

                               User Fees

      The conferees direct the Secretary to report on actual 
fiscal year 2009 user fee collections and updated projections 
for fiscal year 2010 fee collections across all relevant DHS 
components. In addition, the Secretary shall provide a 
contingency plan for making up any shortfall between expected 
collections and budgeted amounts, by DHS component, no later 
than 60 days after the date of enactment of this Act, and 
quarterly thereafter.

                         Budget Justifications

      The conferees direct that the congressional budget 
justifications for the Office of the Secretary and Executive 
Management for fiscal year 2011 include the same level of 
detail as the table contained at the end of this statement, and 
follow the parameters outlined in the House report, as well as 
the broader direction outlined under the Office of the Chief 
Financial Officer. Structural alterations to the fiscal year 
2011 budget request, including changes to the PPA account 
structure for fiscal year 2010 included in the table at the end 
of this statement should only be made with advance consultation 
with the Committees.

                          Working Capital Fund

      The Department shall follow the direction outlined in the 
House report regarding the Working Capital Fund (WCF) in 
managing WCF funds and requesting resources for fiscal year 
2011.

                 Reception and Representation Expenses

      The conferees direct the Department to submit a report to 
the Committees no later than 30 days after the end of each 
quarter of the fiscal year detailing the obligation of all DHS 
reception and representation expenses by all components.

                        Greenhouse Gas Inventory

      The conferees require the Secretary to follow the House 
direction regarding reporting on the Department's greenhouse 
gas emissions and mitigation efforts.

                       Quarterly Detailee Report

      The conferees require the Department to continue the 
quarterly detailee report as outlined in the Senate report.

           Federally Funded Research and Development Centers

      The conferees direct the Secretary to report semiannually 
on the current projects tasked to Federally Funded Research and 
Development Centers, as outlined in the Senate report.

                       Lost and Stolen Passports

      The Secretary is directed to submit a semiannual report 
on loss and theft of passports as outlined in the Senate 
report.

                             Border Tunnels

      The Secretary is directed to submit semiannual reports on 
border tunnel issues as outlined in the Senate report. The 
conferees further direct the Department to designate a 
coordinator for border tunnel issues as outlined in the Senate 
report.

              Office of the Under Secretary for Management

      The conference agreement provides $254,190,000 for the 
Office of the Under Secretary for Management instead of 
$153,790,000 as proposed by the House and $307,690,000 as 
proposed by the Senate. Funding shall be allocated as follows:

Immediate Office of the Under Secretary for Management..      $2,864,000
Office of Security......................................      90,193,000
Office of the Chief Procurement Officer.................      68,538,000
Office of the Chief Human Capital Officer...............      42,604,000
    Salaries and Expenses (from above subtotal).........    [32,604,000]
    Human Resources (from above subtotal)...............    [10,000,000]
Office of the Chief Administrative Officer..............      49,991,000
    Salaries and Expenses (from above subtotal).........    [44,491,000]
    Nebraska Avenue Complex (NAC) (from above subtotal).     [5,500,000]
                    --------------------------------------------------------
                    ____________________________________________________
Total...................................................    $254,190,000

                           Office of Security

      The conference agreement provides $90,193,000 for the 
Office of Security instead of $95,193,000 as proposed by the 
House and $92,693,000 as proposed by the Senate. This amount 
includes $20,000,000 for the Homeland Security Presidential 
Directive-12 Card Issuance Program. The Office of Security is 
directed to provide a report to the Committees on this 
program's progress and future needs as outlined in the House 
report.

                Office of the Chief Procurement Officer

      The conference agreement provides $68,538,000 for the 
Office of the Chief Procurement Officer (OCPO) instead of 
$66,538,000 as proposed by the House and $70,038,000 as 
proposed by the Senate. OCPO shall submit the report to the 
Committees on Departmental efforts to decrease the attrition 
rate of DHS acquisition personnel as outlined in the House 
report. Furthermore, the conferees direct OCPO to provide a 
breakdown on where interns and graduates of the acquisition 
internship are serving, as outlined in the House report, to the 
Committees no later than 60 days after the date of enactment of 
this Act and on an annual basis accompanying the budget 
request.
      The conference agreement provides $7,500,000 to create a 
new contracting component for classified programs. These 
resources are intended to fund 18 positions, the number 
identified by the Department as required to establish an 
initial operating capacity for this office.
      The conference agreement provides $8,000,000 to increase 
capacity in the acquisition program management division. The 
conferees recommend that the reduction from the 
Administration's request come from contractor support, as 
outlined in the House report.
      The Secretary is directed to provide a status report on 
major acquisitions in excess of $300,000,000 by February 15, 
2010, as outlined in the Senate report, and quarterly 
thereafter.

               Office of the Chief Human Capital Officer

      The conference agreement provides $42,604,000 for the 
Office of the Chief Human Capital Officer (OCHCO) instead of 
$43,604,000 as proposed by both the House and Senate. Of this 
amount, $32,604,000 is for salaries and expenses and 
$10,000,000 is for human resources. The reduction below the 
House and Senate levels is made as this office will likely 
lapse appropriated funds in fiscal year 2009. The conferees 
encourage the use of authority under section 505 of this Act 
making 50 percent of those balances available in fiscal year 
2010.
      The OCHCO is directed to continue providing monthly 
reports to the Committees summarizing vacancy data at the 
Department, which should include: the number of new hires for 
each headquarters office in the previous month; the ratio of 
applications received to positions closed; reports from the 
Office of Security on progress made to reduce the security 
clearance backlog to include whether the 15-day standard for 
suitability reviews is being met; and an end-of-the-month 
hiring ``snapshot'' for each headquarters office. These 
snapshots should include: the number of new hires pending 
security or suitability clearance; the number of open 
vacancies; and the number of selection referral lists pending 
with management. The conferees note that these reports have not 
been provided with promptness or regularity and caution that 
without this information it becomes difficult to justify budget 
increases for this office.
      The conferees direct the OCHCO to provide the report on 
its fiscal year 2009 performance against DHS metrics outlined 
in the Senate report no later than 60 days after the date of 
enactment of this Act.

               Office of the Chief Administrative Officer

      The conference agreement provides $49,991,000 for the 
Office of the Chief Administrative Officer, instead of 
$60,491,000 as proposed by the House and $98,491,000 as 
proposed by the Senate. Within the funding level for salaries 
and expenses is $1,000,000 for logistics and procurement 
personnel from across the Department to receive training and 
education through LOGTECH and related programs, that have 
benefitted Coast Guard personnel, as proposed by the House. The 
Senate provided no additional funding for this activity.

              Headquarters Lease Consolidation Initiative

      The conference agreement provides no funding for the 
consolidation of headquarters leases due to an inadequate 
justification and budget constraints. Currently DHS 
headquarters are located in over 40 fragmented locations in 105 
lease arrangements. The conferees direct the Department to 
provide a more detailed plan and justification for its lease 
consolidation initiative, including projected cost savings, in 
conjunction with the fiscal year 2011 budget request.

                             St. Elizabeths

      The conferees direct the Department to continue periodic 
briefings on the St. Elizabeths headquarters consolidation 
project, including the Department's efforts to work with the 
local community and the National Capital Planning Commission to 
ensure issues such as parking and traffic management are 
properly addressed.

                 Office of the Chief Financial Officer

      The conference agreement provides $60,530,000 for the 
Office of the Chief Financial Officer (CFO) as proposed by the 
House instead of $63,530,000 as proposed by the Senate. The 
conferees concur with the recommendation on FTE annualization 
and program increases outlined in the Senate report. An 
additional reduction below the request is made as this office 
will likely lapse appropriated funds in fiscal year 2009. The 
conferees encourage the use of authority under section 505 of 
this Act making 50 percent of those balances available in 
fiscal year 2010. The conference report includes a statutory 
provision withholding $5,000,000 until the CFO submits a 
financial management improvement plan that addresses the 
recommendations outlined in IG report OIG-09-72. The CFO is to 
brief the Committees on the outcomes of its independent program 
analyses as specified in the Senate report.

                Transformation and Systems Consolidation

      The conference agreement provides $17,800,000 for the 
Transformation and Systems Consolidation (TASC) project, as 
proposed by the House instead of $19,200,000 as proposed by the 
Senate. The reduction of $2,000,000 from the budget request is 
due to high unobligated balances that have resulted from 
program delays. The conferees direct the Department to report 
to the Committees within 60 days after the date of enactment of 
this Act, and every six months thereafter, on its efforts to 
consolidate their financial management systems, as outlined in 
the House report. These reports shall also include a detailed 
plan for the Department's migration to TASC, as outlined in the 
Senate report.

                  Annual Appropriations Justifications

      The CFO is directed to submit all of its fiscal year 2011 
budget justifications (classified and unclassified) 
concurrently with the submission of the President's budget 
request and at the level of detail specified in the House and 
Senate reports. The conferees further direct the CFO to ensure 
that, in the fiscal year 2011 budget justification, the enacted 
FTE numbers included in the documents for fiscal year 2010 
accurately reflect the FTE levels funded in this Act. Finally, 
the CFO shall not permit any DHS component to alter the PPAs in 
the fiscal year 2011 budget submission into any account 
structure other than that contained in the detailed funding 
table included at the end of this statement without advance 
consultation with the Committees.

Impact of Changing Immigration Law for Guam and the Commonwealth of the 
                        Northern Mariana Islands

      The conferees direct the Secretary to report to the 
Committees no later than January 15, 2010, on the changes in 
resources required for administering immigration and travel 
laws for Guam and the Commonwealth of the Northern Mariana 
Islands as outlined in the House report.

                           Expenditure Plans

      The conferees continue to require expenditure plans for 
specific DHS programs. These plans are intended to provide 
Congress with information that allows it to effectively oversee 
particular programs and hold the Department accountable for 
program results. Required expenditure plans shall include, at a 
minimum: a description of how the plan satisfies any relevant 
legislative conditions for the expenditure plan; planned 
program capabilities and benefits; cost and schedule 
commitments; measures of progress against commitments made in 
previous plans; how the program is being managed to provide 
reasonable assurance that the promised program capabilities, 
benefits, and cost and schedule commitments will be achieved; 
historical funding for the program, if applicable; and an 
obligation and outlay schedule.

                Office of the Chief Information Officer

      The conference agreement provides $338,393,000 for the 
Office of the Chief Information Officer (CIO) as proposed by 
the Senate instead of $281,593,000 as proposed by the House. 
Funding shall be allocated as follows:

Salaries and Expenses...................................     $86,912,000
Information Technology Services.........................      51,417,000
Security Activities.....................................     152,403,000
Homeland Secure Data Network............................      47,661,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................    $338,393,000

                        Data Center Development

      The conference agreement provides not less than 
$82,788,000 within Security Activities for data center 
development as proposed by the Senate instead of $20,000,000 as 
proposed by the House. This includes $58,800,000 for data 
center development and operations and maintenance as requested 
in the budget, of which not less than $38,540,145 is for power 
capabilities upgrades at Data Center One in the amounts and for 
the purposes specifically listed in the Senate report. The CIO 
shall provide a briefing to the Committees no later than 
February 15, 2010, and quarterly thereafter, on the progress of 
data center development and migration.

                         Data Center Migration

      In addition to the requested increase provided to this 
office for data center development and operations and 
maintenance, the conference agreement provides $91,200,000 
specifically to various Departmental components for data center 
migration, for a total of $150,000,000. The conferees are aware 
that component data center migration schedules may shift during 
the course of the fiscal year based on changing circumstances 
and priorities. As a result, the conference report includes a 
general provision allowing the Secretary to transfer funds made 
available for data center migration, if necessary, among 
components based on revised schedules and priorities with 15 
days prior notice to the Committees. The CIO is also directed 
to include information on revised schedules in the quarterly 
briefings.

           Departmental Priorities for Information Technology

      The conferees recognize the difficulties faced by the CIO 
in integrating the information technology (IT) priorities and 
requirements across the Department. The Committees are often 
faced with weighing requests for resources for disparate IT 
requirements with limited visibility into the priorities within 
the DHS component IT requests or how those component requests 
are prioritized within the Department's overall IT plans. In 
order for the Committees to properly evaluate IT requests, it 
is essential that the CIO provide a clear accounting of IT 
activities and priority resource needs by Departmental 
component and for each fiscal year. The conferees direct the 
CIO to brief the Committees within 45 days after the date of 
enactment of this Act on the prioritized list of the 
Department's most pressing IT needs across all components, 
including but not limited to OneNet, United States Citizenship 
and Immigration Services business transformation, data center 
migration, the Transportation Security Administration's vetting 
and credentialing modernization, the Homeland Security 
Information Network, and TECS modernization. Quarterly 
briefings should be provided thereafter.

              Federal Information Security Management Act

      The conferees direct the CIO to brief the Committees, 
along with the appropriate DHS component CIOs, on the plan to 
improve Federal Information Security Management Act scores as 
outlined in the Senate report.

                        Analysis and Operations

      The conference agreement provides $335,030,000 for 
Analysis and Operations instead of $345,556,000 as proposed by 
the House and $347,845,000 as proposed by the Senate.

                          Reports to Congress

      As detailed in both the House and Senate reports, the 
Department has been exceptionally late submitting reports 
required by the Committees to oversee the expenditure of 
Intelligence and Analysis funds and to evaluate the progress 
made in establishing the State and Local Fusion Center (SLFC) 
program. These delays not only create an unacceptable lack of 
visibility into DHS's intelligence programs, but also disregard 
Congress' explicit direction to provide timely information. Not 
later than 60 days after the date of enactment of this Act, the 
Secretary shall submit a fiscal year 2010 expenditure plan for 
the Office of Intelligence and Analysis as outlined in the 
Senate report, including balances carried forward from prior 
years. In addition, the Secretary shall continue to submit 
quarterly reports on the SLFC Program not later than 30 days 
after the end of each quarter of the fiscal year, as discussed 
in the Senate and House reports.

   National Applications Office and National Immigration Information 
                           Sharing Operation

      The conference agreement provides no funding for the 
National Applications Office since this program was recently 
terminated by the Department. The conferees understand that 
activities currently carried out by the Department of the 
Interior Civil Applications Committee will be unaffected by 
this action.
      The Department continues to develop the National 
Immigration and Information Sharing Operation (NIISO) program, 
but has substantially altered its scope to be more limited than 
past proposals. In addition, the Department is currently 
working with partner agencies to ensure that NIISO operates 
consistent with all existing laws and regulations. As a result, 
the conference agreement provides less than requested in the 
budget for the NIISO program since it seems unlikely operations 
will commence at the start of the fiscal year. In addition, the 
conference agreement includes a statutory provision that 
prohibits funding in this or any other Act from being obligated 
to commence NIISO operations until the Secretary certifies that 
NIISO complies with all existing laws, including applicable 
privacy and civil liberties standards, the GAO has reviewed 
such certification, and a notification pursuant to section 503 
of this Act is submitted to the Committees.

                          Classified Programs

      Recommended adjustments to classified programs are 
addressed in a separate classified annex.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

      The conference agreement provides $2,000,000 for the 
Office of the Federal Coordinator for Gulf Coast Rebuilding 
(OFCGCR) as proposed by both the House and the Senate. The 
office is directed to provide an expenditure plan for fiscal 
year 2010 no later than 60 days after the date of enactment of 
this Act, as specified in the Senate report. The conferees 
encourage OFCGCR to consolidate federal data on Gulf Coast 
recovery funding and measure impacts on key recovery indicators 
including repopulation, economic and job growth, 
reestablishment of local and State tax revenues, restoration of 
housing stock, and availability of critical services including 
health care, education, criminal justice, and fire protection. 
OFCGCR shall work with all appropriate stakeholders to identify 
and pursue a path forward to bring New Orleans Charity Hospital 
back on-line.

                      Office of Inspector General

      The conference agreement provides $113,874,000 for the 
Office of Inspector General (IG) instead of $111,874,000 as 
proposed by the House and $115,874,000 as proposed by the 
Senate. Included within this amount are additional resources 
necessary to conduct U.S. Customs and Border Protection revenue 
oversight.
      In addition to this direct appropriation, $16,000,000 
shall be transferred from the Federal Emergency Management 
Agency's (FEMA) Disaster Relief Fund (DRF) to the IG to 
continue and expand audits and investigations related to 
disasters. The IG is required to notify the Committees no later 
than 15 days prior to all transfers from the DRF.

                         FEMA Hiring Practices

      As part of the request for FEMA's Management and 
Administration account, $35,000,000 is to resolve employee pay 
shortfalls resulting from inadequate hiring and budgeting 
guidelines and controls at FEMA. The conferees direct the IG to 
investigate the hiring practices of FEMA as it pertains to this 
issue and to report to the Committees within 90 days after the 
date of enactment of this Act. As part of the investigation, 
the IG shall evaluate whether or not the budget request of 
$35,000,000 is sufficient to rectify FEMA's structural pay 
deficiencies.

                             Audit Reports

      The conferees direct the IG to withhold the release of 
any final audit or investigation reports requested by the 
Committees from public distribution for a period of 15 days.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         SALARIES AND EXPENSES

      The conference agreement provides $8,064,713,000 for U.S. 
Customs and Border Protection (CBP) Salaries and Expenses 
instead of $7,615,797,000 as proposed by the House and 
$8,075,649,000 as proposed by the Senate. Of this amount, 
$1,418,263,000 is for Headquarters, Management, and 
Administration, including $402,263,000 for rent in a separate 
PPA line; $950,000 within the amounts appropriated for nine 
additional positions for oversight of Office of Information and 
Technology programs; and an additional $500,000 for four new 
positions for conduct and integrity oversight as specified in 
the Senate report.
      A total of $2,749,784,000 is included for Border Security 
Inspections and Trade Facilitation, instead of $2,732,759,000 
as proposed by the House and $2,770,048,000 as proposed by the 
Senate. Included in this amount is an additional $7,025,000 for 
50 additional CBP Officers and 10 support positions to enhance 
Southwest border outbound operations and an additional 
$10,000,000 for procurement of non-intrusive inspection (NII) 
equipment, to be awarded under full and open competition.
      Also included is $3,587,037,000 for Border Security and 
Control Between Ports of Entry, instead of $3,591,559,000 as 
proposed by the House and $3,576,759,000 as proposed by the 
Senate. Within this amount is an additional $19,478,000 for 100 
additional Border Patrol agents and 23 associated support 
personnel; an additional $10,000,000 for NII equipment to be 
awarded under full and open competition; and not more than 
$800,000 for procurement of portable solar charging 
rechargeable battery systems, to be awarded under full and open 
competition.
      In addition, $309,629,000 is included for Air and Marine 
Operations, as proposed by both the House and Senate.
      Finally, the conference report makes $1,700,000 available 
until September 30, 2011, for the Global Advanced Passenger 
Information/Passenger Name Record Program.
      The following table specifies funding by budget program, 
project, and activity:

Headquarters, Management, and Administration:
    Management and Administration, Border Security 
      Inspections and Trade Facilitation................    $520,575,000
    Management and Administration, Border Security and 
      Control Between Ports of Entry....................     495,425,000
    Rent................................................     402,263,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Headquarters Management and 
          Administration................................   1,418,263,000
Border Security Inspections and Trade Facilitation:
    Inspections, Trade, and Travel Facilitation at Ports 
      of Entry..........................................   2,262,235,000
    Harbor Maintenance Fee Collection (Trust Fund)......       3,226,000
    International Cargo Screening.......................     162,000,000
    Other International Programs........................      11,181,000
    Customs-Trade Partnership Against Terrorism.........      62,612,000
    Trusted Traveler Programs...........................      11,274,000
    Inspection and Detection Technology Investments.....     153,563,000
    Automated Targeting Systems.........................      32,560,000
    National Targeting Center...........................      26,355,000
    Training............................................      24,778,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Border Security Inspections and Trade 
          Facilitation..................................   2,749,784,000
Border Security and Control between Ports of Entry:
    Border Security and Control.........................   3,535,286,000
    Training............................................      51,751,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Border Security and Control between 
          POEs..........................................   3,587,037,000
Air and Marine Operations...............................     309,629,000
                    ========================================================
                    ____________________________________________________
            Total.......................................  $8,064,713,000

                             Financial Plan

      The conferees are disappointed with poor financial 
decisions made by CBP in fiscal year 2009, such as 
insufficiently linking hiring initiatives to available 
resources, and the failure to factor the impact of decreased 
international travel, and subsequent reductions in inspection 
fee revenue, into spending plans based on those fees. Because 
more visibility in financial planning is required for 
oversight, the conferees wish to see the presentation of CBP 
Salaries and Expenses at a level of detail, and with more 
clarity, than is currently displayed in the appropriation table 
by PPAs. However, the conferees also acknowledge the practical 
issues involved in revising the current PPA structure, which 
serves as a basis for financial control and establishes 
reprogramming baselines, and that any PPA change would 
necessarily have ripple effects in budget execution. To help 
develop a more useful display of CBP activities, and facilitate 
oversight by the Committees, the conferees direct CBP to 
provide within 90 days after the date of enactment of this Act, 
a financial plan reflecting a detailed breakout of funding by 
office for each of the major PPAs in the Salaries and Expenses 
appropriation: Headquarters, Management, and Administration; 
Border Security, Inspections and Trade Facilitation; Border 
Security and Control Between the Ports of Entry; and Air and 
Marine Operations. This financial plan shall be updated in the 
congressional budget justification submitted by the Department 
in support of the fiscal year 2011 budget. This requirement is 
in lieu of the Senate report requirement for a new PPA 
structure and detailed expenditure plan. The fiscal year 2011 
budget request should be submitted using the current PPA 
structure.

                         Data Center Migration

      The conference agreement provides $33,650,000 for data 
center migration as proposed by the Senate instead of no 
funding as proposed by the House. CBP should consider 
reprogramming funds from within the Office of Information and 
Technology should additional funding for data center migration 
become necessary.

                Intellectual Property Rights Enforcement

      The conferees believe a greater focus needs to be brought 
to intellectual property rights (IPR) enforcement. CBP is 
directed to submit by December 15, 2009, a 5-year enforcement 
strategy to reduce IPR violations. The strategy shall include: 
a timeline for developing improved targeting models 
specifically for IPR, a timeline for implementing expanded 
training for all enforcement personnel, recommendations for 
strengthening penalties, a plan for creating a supply chain 
management program for IPR, and a timeline for expanding post 
audit reviews for IPR.
      In addition, CBP, in consultation with the United States 
Patent and Trademark Office (PTO) and the United States 
Copyright Office (CO), is directed to submit a feasibility 
study to the Committees not later than April 16, 2010, for 
developing and implementing an opt-in or voluntary automated 
link between the Intellectual Property Rights e-Recordation 
online system and systems maintained by PTO and CO to allow 
rights holders to elect to record their rights with CBP. The 
study shall address project costs, infrastructure requirements, 
data collection requirements, and a timeline for implementing 
such an automated link.

                  Western Hemisphere Travel Initiative

      The conference agreement provides $144,936,000 for the 
Western Hemisphere Travel Initiative (WHTI), as proposed by the 
House and Senate and requested in the budget. The conferees 
direct the DHS Office of Policy, with CBP, to provide 
semiannual briefings to the Committees on WHTI implementation, 
beginning not later than 30 days after the date of enactment of 
this Act. These briefings should begin detailing the transition 
of WHTI systems and infrastructure to regular inspection and 
trade and travel facilitation operations, and identify program 
elements and funding that will be non-recurred as WHTI is fully 
integrated into CBP base operations.

                   Northern Border Strategic Efforts

      The conferees direct CBP to submit a report to the 
Committees not later than January 15, 2010, on staffing, 
funding, and implementation of Northern Border enforcement 
initiatives, as detailed in the House report.

               Electronic System for Travel Authorization

      The Electronic System for Travel Authorization (ESTA) 
provides automated electronic vetting of travelers from 35 visa 
waiver program (VWP) countries, including eight added in fiscal 
year 2008. CBP has received over 11,470,000 ESTA applications 
in fiscal year 2009, with an approximate rejection rate of 0.2 
percent. While ESTA helps CBP screen incoming VWP travelers, 
the fact that airlines neither collect nor check ESTA 
information means there is no systematic way to prevent 
passengers who are not ESTA compliant from boarding U.S.-bound 
flights.
      To assess ESTA performance, and the steps required to 
ensure all VWP travelers comply with ESTA, the conferees direct 
DHS to submit an ESTA strategic plan to the Committees not 
later than 90 days after the date of enactment of this Act. The 
strategic plan should include all elements specified in the 
House and Senate reports. To address ESTA's communications 
strategy, the plan should recommend how to ensure all travelers 
from VWP countries are aware of ESTA requirements. It should 
also review the relationship between ESTA and other offices 
with immigration/travel regulatory missions, and recommend 
improvements in coordination and efficiency, to include 
possibly merging ESTA within other components such as the VWP 
office or United States Visitor and Immigrant Status Indicator 
Technology.

                     International Cargo Screening

      The conference agreement provides $162,000,000 for 
International Cargo Screening as proposed by the House, instead 
of $165,421,000 as proposed by the Senate. The conferees 
strongly support current efforts to reduce the vulnerability of 
international supply chains being used to smuggle illicit 
weapons, or being disrupted by such weapons. However, the 
conferees also recognize practical difficulties in trying to 
meet the statutorily mandated target of 100 percent scanning of 
U.S.-bound cargo in foreign ports. The conferees therefore 
direct CBP to report, not later than February 1, 2010, on its 
strategy to achieve meaningful and effective cargo and supply 
chain security, as described in the House report.

                   Textile Transshipment Enforcement

      The conference agreement provides $4,750,000 for textile 
transshipment enforcement. The conferees direct CBP to submit a 
report with its fiscal year 2011 budget request on the 
execution of its five-year strategic plan for textile 
transshipment enforcement, as specified in the House report.

                            Project SeaHawk

      The conferees encourage CBP to continue to work with the 
Department of Justice and local law enforcement on the Project 
SeaHawk law enforcement task force to the maximum extent 
possible.

            Antidumping and Countervailing Duty Enforcement

      The conferees have ensured that, within the amounts 
provided for in this account, there will be sufficient funds to 
administer the on-going requirements of section 754 of the 
Tariff Act of 1930 (19 U.S.C. 1675c), referenced in subtitle F 
of title VII of the Deficit Reduction Act of 2005 (Public Law 
109-171; Stat. 154).
      The conferees direct CBP to continue to work with the 
Departments of Commerce and Treasury, and the Office of the 
United States Trade Representative (and all other relevant 
agencies) to increase collections, and to provide a public 
report on an annual basis, within 30 days of each year's 
distributions under the law. The report should summarize CBP's 
efforts to collect past due amounts and increase current 
collections, particularly with respect to cases involving 
unfairly traded U.S. imports from China. The report shall 
provide the amount of uncollected duties for each antidumping 
and countervailing duty order, and indicate the amount of open, 
unpaid bills for each such order. In that report, the 
Secretary, in consultation with the other relevant agencies, 
including the Secretaries of Commerce and Treasury, should also 
advise as to whether CBP can adjust its bonding requirements to 
further protect revenue without violating U.S. law or 
international obligations, and without imposing unreasonable 
costs upon importers.
      The conferees further direct the Secretary to work with 
the Secretary of Commerce to identify opportunities for the 
Department of Commerce to improve the timeliness, accuracy, and 
clarity of liquidation instructions sent to CBP. Increased 
attention and interagency coordination in these areas could 
help ensure that steps in the collection of duties are 
completed in a more expeditious manner.

                  Non-Intrusive Inspection Technology

      The conference agreement provides a total of $163,563,000 
within ``Salaries and Expenses'' for the purchase of NII 
technology instead of $183,563,000 as proposed by the Senate 
and $143,563,000 as proposed by the House, of which $10,000,000 
is included in the Border Security and Control Between Ports of 
Entry PPA. The conferees direct CBP to award all NII funds 
through full and open competition.

                        Northern Border Security

      The conferees expect DHS and CBP to devote the attention 
and funding needed to secure the Northern border. The conferees 
direct the Secretary to address the issues discussed in the 
House and Senate reports regarding the Northern border, update 
the August 2009 Northern Border Strategy, and meet the stated 
goal of deploying 2,212 Border Patrol agents along the Northern 
border in fiscal year 2010. A briefing on the steps being taken 
to achieve these specific goals shall be provided to the 
Committees not later than December 15, 2009.

                                  Rent

      The conference agreement includes $402,263,000 for Rent 
in the Headquarters, Management, and Administration PPA, as 
proposed by the Senate, instead of in the proposed Facilities 
Management account, as proposed by the House. The conferees 
view keeping rental payments within the Salaries and Expenses 
appropriation as consistent with fully capturing and displaying 
the budgets of activities funded in that appropriation, in that 
rental costs are necessarily included in resource allocation 
decisions for program operations. At the same time, the 
conferees see value in being able to compare all facility 
related costs, whether rent, lease, or investment. The 
conferees therefore direct CBP to submit, with its 
justification materials accompanying the 2011 budget request, a 
consolidated presentation of all CBP facilities costs.

                           Additional Reports

      The conferees direct the Secretary of Homeland Security 
to submit the reports called for in sections 563 and 568 of 
H.R. 2892 as amended by the Senate regarding, respectively, 
Operation Streamline and the improvement of cross-border 
inspection processes.

                        AUTOMATION MODERNIZATION

      The conference agreement provides $422,445,000 for 
Automation Modernization instead of $462,445,000 as proposed by 
the House and Senate. Funds are available until expended. The 
total amount provided includes funding for the Automated 
Commercial Environment (ACE), the International Trade Data 
System (ITDS), legacy systems, and Critical Operations 
Protection and Processing Support (COPPS), the latter including 
modernization of the TECS system. Not less than $227,960,000 of 
the total appropriation is provided for ACE, of which 
$16,000,000 is for ITDS. Of the total provided for ACE, 
$50,000,000 is unavailable for obligation until 30 days after 
an expenditure plan, as specified in the House report, is 
submitted to the Committees. In addition, CBP is directed to 
continue submitting quarterly reports to the Committees on 
progress in implementing ACE.

                    Automated Commercial Environment

      The conferees remain staunchly committed to completing 
the development and deployment of ACE. Significant capabilities 
have already been delivered to the trade community and to the 
employees of CBP. However, CBP continues to struggle and fail 
at program management, requirements development, contractor 
oversight, and delivering capabilities on time. It should be 
noted that what originally was a 5-year development plan has 
become a 20-year odyssey. CBP is again restructuring its 
approach to managing the development of ACE, including 
requiring future capability releases to undergo business case 
reviews. The reductions in funding below the amount requested 
in the budget are prudent and should allow CBP to place Entry 
Summary Reconciliation and Cargo Release into a full business 
case review rather than proceeding with their development in 
fiscal year 2010 under the original plan.

                  TECS Modernization Expenditure Plan

      The conference agreement provides $50,000,000, as 
requested in the budget, for TECS modernization, within the 
COPPS PPA funding levels. The conferees understand this joint 
effort between CBP and U.S. Immigration and Customs Enforcement 
(ICE) will be completed within the next five years, and direct 
CBP and ICE to provide semiannual joint briefings to the 
Committees beginning not later than December 1, 2009.

        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

      The conference agreement provides $800,000,000 for the 
integrated Border Security Fencing, Infrastructure, and 
Technology account as proposed by the Senate instead of 
$732,000,000 as proposed by the House. Funds are available 
until expended. The funding includes $92,000,000 for Program 
Management, of which $40,000,000 is for environmental and 
regulatory requirements and $52,000,000 is for personnel 
operations and support; $508,000,000 for Development and 
Deployment, of which $40,000,000 is for Northern border 
security technology investment, and of which $20,548,000 above 
the budget request is included to expedite P25 tactical 
communications modernization and to further technology design 
planning for Secure Border Initiative Network (SBInet) projects 
in Arizona; and $200,000,000 for Operations and Maintenance.
      The conference agreement also makes $75,000,000 
unavailable for obligation until the Committees receive and 
approve an expenditure plan that complies with conditions set 
forth in the conference report, and has been reviewed by the 
GAO. The conference report continues current law making no 
funding available until the Secretary certifies that CBP has 
complied with legal requirements for consultation with 
communities, federal agencies, and other stakeholders affected 
by planned deployment of fencing and tactical infrastructure, 
and, for projects for which the Secretary has exercised 
statutory authority to waive various environmental and other 
regulations and laws, until 15 days after public notice of such 
waiver.

                            Expenditure Plan

      The conferees include statutory requirements for 
information to be included in the expenditure plan to be 
reviewed by the GAO. The conferees expect the plan will be 
submitted in a timely manner to the Committees and comply fully 
with the conditions set forth in this and related Acts.
      The conferees direct that the plan provide specific 
details on how additional funding shall be used to expedite P25 
tactical communications modernization.
      The conferees are concerned about the delays in 
deployment for SBInet ``Blocks'' 1 and 2, while also 
recognizing the need to proceed carefully and to ensure steps 
are taken to address all mission and operational test 
requirements. Therefore, the conferees also direct that the 
expenditure plan specify how additional funding included under 
this heading will be used to further key development and 
demonstrations in support of the launch of ``Block 2''. In 
addition to the expenditure plan requirements, the conferees 
direct CBP to brief the Committees as soon as preliminary 
results from ``Block 1'' operational field tests are available 
and prior to proceeding further with ``Block 2'' development.

                   Evaluation and Acceptance Criteria

      The conferees continue to support expeditious deployment 
of effective technology to enhance CBP's execution of its 
border security mission, and recognize the renewed rigor with 
which CBP is evaluating the operational utility of such 
technology. In fiscal year 2010, the Office of Border Patrol 
(OBP) is expected to evaluate the SBInet ``Block 1'' increment 
through operational field testing along the Southwest Border. 
While OBP's operational requirements for border security 
technology are well documented, the criteria OBP will use to 
determine acceptance of the SBInet prime mission product remain 
unclear. The conferees direct CBP to delineate the evaluation 
and acceptance criteria for SBInet in the required BSFIT 
expenditure plan. CBP, along with the Science and Technology 
Directorate, are also directed to jointly brief the Committees 
prior to CBP commencing ``Block 1'' operational field testing 
on this criteria and how the criteria will be used to make an 
acceptance determination of SBInet.

                       Northern Border Technology

      The conferees are concerned that not all options are 
receiving due consideration when allocating funding to deploy 
technology to Border Patrol sectors along the Northern Border. 
While proven commercial off-the-shelf (COTS) technology, such 
as cameras, can significantly leverage existing manpower, many 
Border Patrol stations lack such basic technology. At the same 
time, most Northern border technology investment is being put 
into one sector's integration center. The conferees direct that 
the expenditure plan, in describing Northern Border technology 
investments, explicitly address tradeoffs between intensive 
investments (by operation or location) versus providing COTS 
technology and support to more areas of the Northern Border. In 
addition, CBP is directed to continue, as part of the quarterly 
Secure Border Initiative (SBI) reports, a report on technology 
investment on the Northern border, as specified in the House 
report.

                Reporting Requirements to the Committees

      CBP is directed to include, within the fiscal year 2010 
expenditure plan and as specified in the House report, its 
proposed environmental planning and mitigation plan. In lieu of 
providing in that plan a report on current and prior year 
environmental efforts, as proposed by the House, CBP shall 
brief the Committees no later than 90 days after the date of 
enactment of this Act. In the same briefing, CBP shall provide 
an assessment of the potential of ``buffer areas'' to 
facilitate mission and environmental goals, in lieu of a report 
in the expenditure plan, as proposed by the House.
      In addition, DHS shall include in the quarterly SBI 
report details on BSFIT obligations and expenditures as 
specified in the House report, rather than submitting such 
information on a monthly basis.

 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

      The conference agreement provides $519,826,000 for Air 
and Marine Interdiction, Operations, Maintenance, and 
Procurement instead of $513,826,000 as proposed by the House 
and $515,826,000 as proposed by the Senate. This includes 
$374,217,000 for Operations and Maintenance and $145,609,000 
for Procurement. Within these amounts, an additional $6,000,000 
is provided for software and system upgrades for the Air and 
Marine Operations Center, and an additional $8,000,000 is 
provided for marine vessels.

                             Marine Vessels

      The conference agreement provides $14,500,000 for 
procurement of marine vessels, instead of $16,500,000 as 
proposed by the Senate and $6,500,000 as proposed by the House, 
an increase of $8,000,000 above the budget request. The 
conferees direct these funds to be awarded competitively and 
direct CBP to submit an updated strategic acquisition plan to 
the Committees as discussed in the House report.

                    Air and Marine Recapitalization

      Congress, in fiscal year 2006, mandated CBP to submit a 
strategic plan for recapitalization of its aviation assets, 
subsequently expanded to include all its air and marine 
programs. In executing this plan, CBP has awarded contracts for 
the purchase and upgrade of aircraft and marine vessels, as 
well as implementation of the P-3 aircraft service life 
extension program. However, the conferees note that CBP has 
made little progress in retiring its aging assets or reducing 
the number of types of aircraft it flies. These trends could 
lead to higher maintenance costs and possibly the loss of 
assets needed to support the agency's border security missions. 
The conferees therefore direct the Commissioner to submit an 
updated strategic plan for air and marine recapitalization to 
the Committees with its fiscal year 2011 budget request, 
specifying the quantities and types of aging aircraft and 
marine vessels operated by CBP, their operating locations, and 
progress toward replacement or upgrade of such assets. The 
report shall include an estimate of the costs to maintain aging 
assets until they are retired, plans for mitigating the impact 
of increased maintenance on mission availability, and details 
on contracts awarded to purchase new, replacement aircraft and 
vessels, or upgrade existing assets. CBP is also directed to 
brief the Committees no later than December 15, 2009, on 
current air and marine asset maintenance costs and mission 
availability, and the remaining service life of aging assets.

                 CONSTRUCTION AND FACILITIES MANAGEMENT

      The conference agreement provides $319,570,000 for 
Construction and Facilities Management instead of $682,133,000 
for Facilities Management as proposed by the House, and 
$316,070,000 as proposed by the Senate. This includes 
$282,557,000 for Facility Construction and Sustainment and 
$37,013,000 for Program Oversight and Management. Within 
Facility Construction and Sustainment is an additional 
$39,700,000 for constructing and equipping the Advanced 
Training Center and an additional $3,500,000 for acquisition, 
design, and construction of CBP Air and Marine facilities at El 
Paso International Airport. No funding is provided for rent, 
which is funded in the Salaries and Expenses appropriation.

                       Port of Entry Construction

      The conference agreement includes language requiring CBP, 
in consultation with GSA, to include a 5-year construction plan 
for land border ports of entry. The conferees direct DHS to 
continue to work with GSA to prioritize and address land border 
port of entry infrastructure needs, and to comply with 
requirements of the Public Buildings Act to seek necessary 
funding, as called for in the Senate and House reports.

                       Future Construction Needs

      The conferees are disappointed that the fiscal year 2010 
budget request includes no funds for ongoing or new 
construction projects. While significant funds have been 
provided to CBP as its workforce has seen exceptional growth, 
the expansion and replacement of aging and inadequate CBP 
facilities is not complete. The conferees expect future budget 
requests to include an adequate level of funding to continue 
modernization of CBP facilities to meet current security needs 
and the habitability needs of the CBP workforce.

                        Rural and Remote Housing

      The conferees expect DHS to work to ensure adequate 
housing for its personnel in rural and remote areas, 
particularly with the significant increase of CBP personnel 
deployed to the Northern and Southwest Borders, and direct the 
Department to submit to the Committees no later than December 
15, 2009, a Quarters Management Plan as described in the House 
report.

                U.S. Immigration and Customs Enforcement

                         Salaries and Expenses

      The conference agreement provides $5,342,134,000 for U.S. 
Immigration and Customs Enforcement (ICE) Salaries and Expenses 
instead of $5,313,193,000 as proposed by the House and 
$5,360,100,000 as proposed by the Senate. Within the total 
amount, not less than $1,500,000,000 is for efforts to identify 
individuals illegally present in the United States who have 
criminal records, whether incarcerated or at-large, and to 
remove these aliens once they have been judged deportable in 
immigration court. The conferees direct ICE to report within 30 
days after the date of enactment of this Act to the Committees 
on how it will allocate program funds to fulfill this 
requirement.
      The conference report includes a statutory requirement 
regarding IG reviews of ICE's 287(g) agreements for compliance 
with the terms of Memoranda of Understanding signed between the 
agency and local law enforcement organizations, and also 
prohibits the expenditure of funds on contracts with detention 
centers that repeatedly fail to comply with ICE detention 
standards.
      The following table specifies funding levels by budget 
activity:

Headquarters Management and Administration..............    $512,337,000
Legal Proceedings.......................................     221,666,000
Domestic Investigations.................................   1,649,551,000
International Investigations:
    International Operations............................     112,872,000
    Visa Security Program...............................      30,686,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, International Investigations............     143,558,000
Intelligence............................................      69,842,000
Detention and Removal Operations:
    Custody Operations..................................   1,771,168,000
    Fugitive Operations.................................     229,682,000
    Criminal Alien Program..............................     192,539,000
    Alternatives to Detention...........................      69,913,000
    Transportation and Removal Program..................     281,878,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Detention and Removal Operations........   2,545,180,000
Identification and Removal of Criminal Aliens...........     200,000,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total, ICE Salaries and Expenses................  $5,342,134,000

                     Management and Administration

      Within Management and Administration, the conference 
agreement includes $47,123,000 for ICE field office collocation 
as proposed by the House and instead of $57,000,000 as proposed 
by the Senate. A statutory restriction in the conference report 
withholds from obligation all non-personnel and non-planning 
costs for field office collocation until ICE submits a plan for 
nationwide expansion of the Alternatives to Detention program. 
In addition, the conference agreement includes $23,850,000 for 
ICE data center consolidation, as proposed by the Senate 
instead of no funding as proposed by the House. The conference 
report also includes authority to transfer up to $10,000,000 
from the ICE Automation Modernization account to Salaries and 
Expenses for data center migration, if ICE determines this to 
be a higher priority.

         Prioritizing the Removal of Deportable Criminal Aliens

      The conference report includes $200,000,000 exclusively 
for ICE efforts to identify and remove deportable criminal 
aliens as proposed by the House, instead of $195,589,000 as 
proposed by the Senate. ICE has branded these efforts ``Secure 
Communities,'' and the conferees continue to have strong 
interest in the implementation and expansion of this program. 
As a result, the conference agreement includes a statutory 
requirement for ICE to report to the Committees, within 45 days 
of the close of each quarter of the fiscal year, on progress to 
make sure all aliens who have been convicted of crimes and 
ordered removed from the United States are indeed deported to 
their country of origin.
      The conferees include statutory language directing ICE to 
allocate not less than $1,500,000,000 of its total Salaries and 
Expenses budget to the identification and removal of criminal 
aliens, indicating the high level of attention the conferees 
expect ICE immigration enforcement managers will place on 
finding and deporting those who have already proved their 
ability to harm U.S. citizens and legal residents. The 
conferees recognize the complex mix of competing priorities 
confronting ICE when enforcing immigration laws, and have 
provided record appropriations since 2007 to support all ICE 
immigration enforcement activities. Despite this robust level 
of funding, ICE has been unable to fully develop a capacity to 
identify all individuals who have been convicted of criminal 
offenses, ordered removed from the country, and are in law 
enforcement custody. The conferees expect ICE will continue to 
make significant progress establishing the Secure Communities 
program at booking locations, jails and prisons throughout the 
country in fiscal year 2010. Within 30 days of the enactment of 
this Act, the conferees direct ICE to submit to the Committees 
an explicit plan for how the agency will allocate these program 
resources to the identification and removal of deportable 
criminal aliens.
      The conferees note that ICE has had initial success 
deploying the Secure Communities program to more than 40 
locations nationwide. Data indicate that Secure Communities 
helped ICE issue more than 6,000 immigration detainers at these 
locations between October 2008 and April 2009, many of which 
were for individuals convicted of serious offenses such as 
rape, armed robbery, and violent drug-related crimes. As in 
past years, the conferees include a statutory requirement for 
ICE to prioritize the removal of aliens convicted of crimes by 
the severity of that crime to ensure the most dangerous 
criminal aliens are not simply released back into the U.S. 
after the completion of their criminal sentences.

                Southwest Border Enforcement Initiative

      The conferees note the vigor with which ICE has rapidly 
devoted resources toward the enhancement of law enforcement 
efforts along the Southwest border in response to the increase 
in cross-border crime in fiscal year 2009. These efforts 
include the establishment of 10 Border Enforcement Security 
Task Forces (BESTs) along the Southwest border to better 
utilize the collective capabilities of Federal, State, local, 
and international law enforcement partners. Furthermore, ICE 
has signed new agreements with the Drug Enforcement 
Administration and the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives to strengthen and better coordinate Federal law 
enforcement efforts to thwart the smuggling of drugs, bulk 
cash, weapons, illegal aliens, and other contraband by 
transnational criminal organizations. While very supportive of 
these efforts, the conferees believe ICE must examine the 
broader resource implications and sustainability of this new 
operational posture in the context of achieving the objectives 
of the National Southwest Border Counternarcotics Strategy (the 
Strategy), released on June 5, 2009. ICE is directed to brief 
the Committees no later than December 15, 2009, on its efforts 
to effectively align resources to the Strategy's goals for 
border enforcement.
      To support ICE efforts along the Southwest border in 
combating crime related to transnational smuggling and illicit 
trade, the conference agreement provides a total of 
$100,000,000, $30,000,000 more than requested. Of these 
amounts, an additional $10,000,000 is for BEST team expansion, 
which includes $2,000,000 for intelligence activities; an 
additional $10,000,000 is for counter-proliferation 
investigations, including anti-gun smuggling activities; and an 
additional $10,000,000 is for investigations of transnational 
gangs.
      The conferees are aware of ongoing efforts to coordinate 
the investigative activities of DHS and the Department of 
Justice (DOJ) along the Southwest border. The conferees commend 
the Administration for this plan to expand and share network 
ballistics imaging technology with Mexican law enforcement 
agencies as part of the Strategy. As discussed in the Senate 
report, the sharing of ballistics information can potentially 
generate significant leads for investigations into gun violence 
and weapons smuggling. The conferees encourage DHS to continue 
to work closely with the DOJ to ensure appropriate protocols 
are in place to share ballistic information between the two 
agencies and with Mexican law enforcement partners to further 
collective investigative efforts.

                          Detention Bed Spaces

      The conference report includes a provision directing that 
a level of 33,400 detention beds shall be maintained throughout 
fiscal year 2010.

              Detention Standards Oversight and Compliance

      As discussed in both the House and Senate reports, the 
conferees support ICE's proposal to expand the Office of 
Professional Responsibility and Detention Facilities Inspection 
Group, and provide an increase of $2,100,000 over the budget 
request for these programs in fiscal year 2010 to address 
workplace fraud as proposed by the Senate.

                       Alternatives to Detention

      The conference agreement provides $69,913,000 for 
Alternatives to Detention programs instead of $73,913,000 as 
proposed by the House and $63,913,000 as proposed by the 
Senate. Included in the conference report is a statutory 
restriction on expenditure of ICE appropriations on field 
office collocation until ICE submits to the Committees a plan 
for nationwide deployment of the Alternatives to Detention 
program.

                    Detention and Removal Reporting

      ICE is directed to continue to submit quarterly reports 
on detention and removal statistics, as discussed in the Senate 
report.

                           ICE Investigations

      The conference agreement provides $1,649,551,000 for ICE 
domestic investigations instead of $1,643,360,000 as proposed 
by the House and $1,666,551,000 as proposed by the Senate. The 
conference agreement also provides $143,558,000 for ICE 
international investigations instead of $144,758,000 as 
proposed by the House and $143,058,000 as proposed by the 
Senate. Within the funding provided for international 
investigations, the conference agreement includes $30,686,000 
for ICE Visa Security Units instead of $31,886,000 as proposed 
by the House and $30,186,000 as proposed by the Senate.

                        ICE Worksite Enforcement

      The conference agreement provides $134,778,000 for ICE 
worksite enforcement investigations, an increase of $6,000,000 
above the amount requested in the budget, as discussed in the 
Senate report.

                        State and Local Programs

      The conference agreement includes a total of $117,394,000 
for State and Local Programs as proposed by both the House and 
Senate. Within this total, $68,047,000 is for the 287(g) 
program; $14,357,000 is provided for the Forensics Document 
Laboratory, which supports all ICE investigatory programs and 
offers specialized assistance to State and local law 
enforcement agencies; and $34,990,000 is for the Law 
Enforcement Support Center.

              Deportation of Parents of U.S.-Born Children

      As discussed in the House and Senate reports, ICE does 
not currently track in any meaningful or comprehensive way, 
information about the removal of alien parents of U.S.-born 
children. In order to better understand the scale and 
intricacies of this issue, the conferees direct ICE to submit, 
within 60 days after the date of enactment of this Act, an 
evaluation of the process and data management system changes 
necessary to track the information discussed in both the House 
and Senate reports, including a timeline for implementing the 
required changes in fiscal year 2010. ICE is directed to begin 
collecting data on the deportation of parents of U.S.-born 
children no later than July 1, 2010, and to provide the data at 
least semi-annually to the Committees and the Office of 
Immigration Statistics.

                   Textile Transshipment Enforcement

      As discussed in the House report, the conference 
agreement includes $4,750,000 for textile transshipment 
enforcement, as authorized by section 352 of the Trade Act of 
2002. Concurrent with its fiscal year 2011 budget submission, 
ICE should report on this activity as discussed in the House 
report.

                        Automation Modernization

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement provides $90,000,000 for 
Automation Modernization instead of $105,000,000 as proposed by 
the House and $85,000,000 as proposed by the Senate. Included 
in this amount is the full budget request for the TECS and 
Atlas modernization programs, and for ICE efforts to convert 
health records to digital format. The conferees direct ICE to 
provide, within 30 days from the date of enactment of this Act, 
a briefing that identifies the funding levels to be allocated 
to other programs funded in this account. In addition, the 
conference report includes a statutory restriction withholding 
$10,000,000 of the Automation Modernization appropriation from 
obligation until ICE submits a detailed fiscal year 2010 
expenditure plan for this account. Should ICE determine that 
data center migration is a higher priority than its various 
automation modernization programs, it may transfer up to 
$10,000,000 from this account to ``Salaries and Expenses'' for 
this purpose.

                              Construction

      The conference agreement provides an additional 
$4,818,000 for ICE construction, which funds basic and 
emergency maintenance at ICE-owned detention facilities instead 
of $11,818,000 as proposed by the House and no funding as 
proposed by the Senate.

                 Transportation Security Administration

                           Aviation Security

      The conference agreement provides $5,214,040,000 for 
Aviation Security instead of $5,265,740,000 as proposed by the 
House and $5,233,328,000 as proposed by the Senate. In addition 
to the amounts appropriated, a mandatory appropriation totaling 
$250,000,000 is available through the Aviation Security Capital 
Fund. Statutory language reflects the collection of 
$2,100,000,000 from aviation user fees, as authorized. The 
following table specifies funding by budget activity:

Screening Operations:
    Screener Workforce:
      Privatized screening..............................    $149,643,000
      Screener personnel, compensation, and benefits....   2,758,575,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, screener workforce....................   2,908,218,000
    Screening training and other........................     204,713,000
    Checkpoint support..................................     128,739,000
    EDS/ETD Systems:
      EDS procurement and installation..................     778,300,000
      Screening technology maintenance and utilities....     316,625,000
      Operation integration.............................      21,481,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, EDS/ETD systems.......................   1,116,406,000
        Subtotal, screening operations..................   4,358,076,000
    Aviation Security Direction and Enforcement:
      Aviation regulation and other enforcement.........     254,064,000
      Airport management and support....................     453,924,000
      Federal flight deck officer and flight crew 
      training..........................................      25,127,000
      Air cargo.........................................     122,849,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, aviation security direction and 
          enforcement...................................     855,964,000
        Total, Aviation Security........................  $5,214,040,000

                          Privatized Screening

      The conference agreement provides $149,643,000 for 
Privatized Screening as proposed by the House and Senate. The 
Transportation Security Administration (TSA) is directed to 
approve the applications of airports that are seeking to 
participate in the screening partnership program that meet all 
of TSA's criteria, including the determination that contract 
screening can be provided at that location in a cost-effective 
manner.

             Screener Personnel, Compensation, and Benefits

      The conference agreement provides $2,758,575,000 for 
Screener Personnel, Compensation, and Benefits as proposed by 
the Senate instead of $2,788,575,000 as proposed by the House. 
Within this funding, the conferees have approved $211,861,214 
for behavior detection officers, an increase of 126 new 
behavior detection officer FTEs to enhance ongoing activities 
at the nation's larger airports. As discussed in the Senate 
report, no later than 60 days after the date of enactment of 
this Act, TSA shall report on the scientific basis for using 
behavior pattern recognition for observing airline passengers 
for signs of hostile intent, the effectiveness of this program 
in meeting its goals and objectives, and the justification for 
expanding the program. GAO shall review this report and provide 
its findings to the Committees no later than 120 days after the 
report is submitted to the Committees.
      The conferees agree with the Senate recommendation to 
reduce funding below the request in this account due to 
repeated large carryover balances. With the large influx of 
funding provided by ARRA and this Act, TSA is able to greatly 
expedite the deployment of next generation technologies at the 
checkpoint and to install significantly more in-line explosives 
detection systems, thereby permitting a reduction in personnel. 
TSA shall report to the Committees, in tandem with the fiscal 
year 2011 budget, on the savings achieved and anticipated by 
fiscal year from the installation of the new systems. The 
report shall specifically address FTE savings.
      TSA shall provide a briefing within 30 days after 
submission of the fiscal year 2011 Congressional Budget 
Justification presenting a revised fiscal year 2011 budget 
structure for the Committees consideration that includes an 
appropriation for personnel and related operational expenses 
with a one-year availability.

                      Screener Training and Other

      The conference agreement provides $204,713,000 for 
Screener Training and Other as proposed by the House instead of 
$203,463,000 as proposed by the Senate. Within the funds 
provided is $1,250,000 for the Safe Skies Alliance to develop 
and enhance research and training capabilities for 
Transportation Security Officer improved explosive detection 
recognition training.

                           Checkpoint Support

      The conference agreement provides $128,739,000 for 
Checkpoint Support as proposed by the House and Senate. TSA 
shall move to a fully competitive procurement process for 
checkpoint support equipment no later than September 30, 2010, 
and update the Committees periodically on the progress it is 
making to meet this requirement. As discussed under 
``Transportation Security Support'', TSA shall provide an 
expenditure plan on checkpoint support expenditures on an 
airport-by-airport basis.
      Within 60 days after the date of enactment of this Act, 
TSA shall report to the Committees on the details and strategy 
for a comprehensive program to ensure passenger privacy related 
to the whole body imaging (WBI) program. At a minimum, this 
strategy should include: off-site monitoring; adequate privacy 
safeguards by software or other means; procedures to prohibit 
storing, transferring, or copying any images produced by the 
machines; and a concept of operations plan for those passengers 
that choose a physical search rather than WBI screening.

                      Explosives Detection Systems

      A total of $1,028,300,000 is available for Explosives 
Detection Systems (EDS) procurement and installation. Within 
this total, the conference agreement provides $778,300,000 in 
discretionary funding instead of $800,000,000 as proposed by 
the House and $802,169,000 proposed by the Senate. An 
additional $250,000,000 in mandatory funding is available from 
the Aviation Security Capital Fund. Not less than 28 percent of 
the funds provided shall be available for the purchase and 
installation of certified EDS at medium- and small-sized 
airports as proposed by the Senate instead of 25 percent as 
proposed by the House. Any award to deploy EDS shall be based 
on risk, the airport's current reliance on other screening 
solutions, lobby congestion resulting in increased security 
concerns, high injury rates, airport readiness, and increased 
cost effectiveness.
      TSA shall move to a fully competitive EDS procurement 
process no later than September 30, 2010, and update the 
Committees periodically on the progress it is making to meet 
this requirement.
      The 9/11 Act requires that TSA prioritize funding for in-
line baggage system deployment using a risk-based model, to 
include consideration of those airports incurring eligible 
costs for EDS that were not recipients of funding agreements 
under 49 U.S.C. 44923. The TSA expenditure plan, discussed 
under ``Transportation Security Support'', shall identify those 
airports that have petitioned TSA for support and include these 
airports as part of the risk-based prioritization analysis of 
airport projects for determining funding eligibility pursuant 
to section 1604(b)(2) of the 9/11 Act.
      As discussed in the House report, TSA is encouraged to 
consider using funds for dedicated pre-engineered structures 
related to optimal screening solutions for EDS installations.
      The conferees continue to be interested in the 
feasibility of consolidating checkpoint and checked baggage 
systems at medium- and small-sized airports and direct TSA to 
expeditiously submit the report required by February 16, 2009, 
on this topic.

             Screening Technology Maintenance and Utilities

      The conference agreement provides $316,625,000 for 
Screening Technology Maintenance and Utilities as proposed by 
the House instead of $326,625,000 as proposed by the Senate. 
The conferees remain interested in controlling the growing 
maintenance costs of the agency's screening technologies and 
understand that TSA is working with vendors to develop 
equipment with greater throughput and lower maintenance costs. 
The conferees support this effort and encourage TSA to look for 
ways to control costs in this area in the future.

                     Airport Management and Support

      The conference agreement provides $453,924,000 for 
airport management and support as proposed by the House instead 
of $448,424,000 as proposed by the Senate. Within this funding 
is $5,500,000 for the flight data initiative to support 
aircraft installation and flight testing by September 30, 2011.

                               Air Cargo

      The conference agreement provides $122,849,000 for Air 
Cargo as proposed by the House instead of $115,018,000 as 
proposed by the Senate. Within the funds provided: $4,730,000 
is for testing, evaluation, and qualification of existing 
technologies for use in air cargo to assist the fresh fruit 
industry and others in complying with new cargo screening 
requirements; $2,200,000 is for inspectors and canine teams to 
convert 35 legacy teams to proprietary teams; $3,450,000 is for 
50 new inspectors to address the additional inspection workload 
related to the 100-percent screening mandate and other 
regulatory responsibilities; and $4,350,000 is for deployment 
of skid-level and palletized screening technologies, including 
vapor detection and metal detection technologies, to meet the 
100-percent screening mandate.
      TSA is encouraged to continue its efforts to assist the 
fresh fruit industry in complying with new cargo scanning 
requirements and to expedite the development and approval of 
efficient and effective cargo screening technologies.
      TSA is directed to regularly brief the Committees on the 
results of its air cargo pilot before a nationwide rollout and 
identify any impediments it may have in meeting the 100-percent 
air cargo screening requirement by August 2010.
      No later than 60 days after the date of enactment of this 
Act, TSA shall submit an expenditure plan to the Committees on 
the allocation of air cargo funds, including carryover 
balances.

                    Surface Transportation Security

      The conference agreement provides $110,516,000 for 
Surface Transportation Security instead of $103,416,000 as 
proposed by the House and $142,616,000 as proposed by the 
Senate. Within this total, $42,293,000 is for surface 
transportation staffing and operations and $68,223,000 is for 
surface transportation security inspectors and canines.
      Within the funds provided for surface transportation 
security inspectors and canines, the conferees provide 
$7,100,000 for 100 new surface transportation inspectors, 
allowing TSA to fulfill 9/11 Act requirements. Due to TSA 
delays in hiring, the conferees provide $25,000,000, half the 
increased funding requested, for new rail inspectors to create 
15 new Visible Intermodal Protection and Response (VIPR) teams. 
These funds cannot be obligated until TSA provides an 
expenditure plan detailing how and where these new VIPR teams 
will be deployed.

           Transportation Threat Assessment and Credentialing

      The conference agreement provides a direct appropriation 
of $171,999,000 for Transportation Threat Assessment and 
Credentialing as proposed by the House and the Senate. In 
addition, the conferees have moved all fee funded screening 
activities into this account. TSA anticipates it will collect 
$47,620,000 in fees. Funding is provided as follows:

Direct Appropriations:
    Secure flight.......................................     $84,363,000
    Crew and other vetting programs.....................      87,636,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, direct appropriations...................     171,999,000
Fee Collections:
    Transportation worker identification credential.....       9,000,000
    Hazardous materials.................................      15,000,000
    Alien flight school (transfer from DOJ).............       4,000,000
    Certified cargo screening program...................       5,200,000
    Large aircraft security program.....................       1,600,000
    Secure identification display area checks...........      10,000,000
    Other security threat assessments...................         100,000
    General aviation at DCA.............................         100,000
    Indirect air cargo..................................       2,600,000
    Sensitive security information......................          20,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, fee collections.........................     $47,620,000

                             Secure Flight

      The conference agreement provides $84,363,000 for Secure 
Flight as proposed by the House and Senate. The conferees do 
not include a general provision as proposed by the Senate 
prohibiting funds to be used to test algorithms assigning risk 
to passengers whose names are not on a government watch list or 
to use databases that are under control of a non-Federal entity 
because these activities are not permitted by the final Secure 
Flight rule. Any change beyond the scope of this rule would 
require a new rulemaking.
      TSA shall report within 90 days after the date of 
enactment of this Act on the progress it has made in addressing 
GAO's Secure Flight recommendations related to the name 
matching system, appropriate life cycle costs, schedule 
estimates, and its assessment on the impact of modifications to 
the Computer Assistance Passenger Pre-Screening System rules on 
air carriers. In addition, the conferees direct GAO to continue 
its review of the Secure Flight program until all conditions 
are generally achieved, and periodically update the Committees 
on its findings.
      As directed in the Senate report, TSA shall brief the 
Committees on any security concerns related to passengers 
providing fraudulent documents when making an airline 
reservation and discuss how this will be addressed.
      No funds appropriated for crew and other vetting programs 
may be used to supplement the amount provided for the Secure 
Flight program, subject to section 503 of this Act.

                    Transportation Security Support

      The conference agreement provides $1,001,780,000 for 
Transportation Security Support instead of $992,980,000 as 
proposed by the House and $999,580,000 as proposed by the 
Senate. Funding is provided as follows:

Headquarters administration.............................    $248,929,000
Information technology..................................     498,310,000
Human capital services..................................     226,338,000
Intelligence............................................      28,203,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total, Transportation Security Support..............  $1,001,780,000

                         Information Technology

      The conference agreement includes $498,310,000 for 
Information Technology instead of $489,510,000 as proposed by 
the House and $496,110,000 as proposed by the Senate. Within 
this total is $8,800,000 for data center migration.

                           Expenditure Plans

      The conference report includes language requiring TSA to 
submit detailed expenditure plans to the Committees for air 
cargo security, and for checkpoint support and EDS procurement, 
refurbishment, and installations is on an airport-by-airport 
basis for fiscal year 2010. These plans are due no later than 
60 days after the date of enactment of this Act. The conference 
report withholds $20,000,000 of the total amount provided for 
Headquarters Administration from obligation until the detailed 
expenditure plans are received. TSA shall provide quarterly 
updates on EDS and checkpoint expenditures, on an airport-by-
airport basis. These updates shall include information on the 
specific technologies to be purchased, project timelines, a 
schedule for obligation, and a table detailing actual versus 
anticipated unobligated balances at the close of the fiscal 
year, with an explanation of any deviation from the original 
plan. TSA may reassess and reallocate funds in the expenditure 
plan if new requirements occur throughout the fiscal year, 
after providing notification to the Committees on the change 
within the quarterly report.

                            Risk Assessments

      As discussed in the Senate report, TSA is directed to 
submit expeditiously a report as directed in Senate report 110-
396, related to risk analysis and resource allocations across 
all transportation modes. The report can be submitted in a 
classified or unclassified format.

                          Federal Air Marshals

      The conference agreement provides $860,111,000 for the 
Federal Air Marshals (FAMs), as proposed by the House and 
Senate. Within the total appropriation provided, $762,569,000 
is for management and administration and $97,542,000 is for 
travel and training. TSA shall continue to provide quarterly 
reports on the FAMs mission coverage, staffing levels, and 
hiring rates as directed in previous appropriations Acts.
      As discussed in the House report, the conferees direct 
the Department to reassess the long-term staffing levels for 
FAMs. The assessment should include a determination of the 
appropriate mix of staff required on a day-to-day basis; an 
identification of the types and numbers of flights FAMs should 
regularly be assigned to; whether legislative changes may be 
necessary to better tailor how FAMs deploy on a daily basis; 
and a detailed discussion on the methodology used to justify 
this optimal staffing mix. This assessment is due no later than 
February 1, 2010.

                              Coast Guard

                           Operating Expenses

      The conference agreement provides $6,805,391,000 instead 
of $6,822,026,000 as proposed by the House and $6,838,291,000 
as proposed by the Senate. Within this amount, $581,503,000 is 
available for defense-related activities, including 
$241,503,000 for overseas contingency operations. Funding for 
operating expenses shall be allocated as follows:

Military pay and allowances:
    Military pay and allowances.........................  $2,718,493,000
    Military health care................................     371,399,000
    Permanent change of station.........................     164,620,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Military pay and allowances...........   3,254,512,000
Civilian pay and benefits...............................     699,794,000
Training and recruiting:
    Training and education..............................     103,417,000
    Recruitment.........................................     102,761,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Training and recruiting...............     206,178,000
Operating funds and unit level maintenance:
    Atlantic Command....................................     177,474,000
    Pacific Command.....................................     195,943,000
    1st District........................................      60,074,000
    5th District........................................      21,941,000
    7th District........................................      78,338,000
    8th District........................................      49,276,000
    9th District........................................      31,672,000
    11th District.......................................      17,641,000
    13th District.......................................      23,060,000
    14th District.......................................      19,289,000
    17th District.......................................      29,829,000
    Headquarters directorates...........................     288,630,000
    Headquarters managed units..........................     158,901,000
    Other activities....................................         882,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Operating funds and unit level 
          maintenance...................................   1,152,950,000
Centrally managed accounts..............................     334,275,000
Intermediate and depot level maintenance:
    Aeronautical........................................     365,291,000
    Electronic..........................................     155,101,000
    Civil/ocean engineering and shore facilities........     183,929,000
    Vessel..............................................     211,858,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, intermediate and depot level 
          maintenance...................................     916,179,000
Overseas Contingency Operations.........................     241,503,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total, Operating Expenses...................  $6,805,391,000

                    Overseas Contingency Operations

      The conference agreement provides $241,503,000 for Coast 
Guard operations in support of overseas contingency operations 
requirements as proposed by the House and Senate. Funding for 
these activities was requested in the Department of Defense 
budget for the Navy. Consistent with actions taken in P.L. 111-
32, the conferees have instead appropriated these funds 
directly to the Coast Guard. The conferees believe providing 
these funds within the appropriate agency budgets in annual 
appropriations, rather than by transfer in supplementals, 
improves visibility and opportunities for effective oversight. 
The Coast Guard may allocate these funds across its traditional 
PPAs in the Operating Expenses account, without regard to 
section 503 of this Act. The Coast Guard is directed to provide 
a plan no later than 60 days after the date of enactment of 
this Act on the distribution of these funds by PPA, and shall 
provide a quarterly report within 45 days of the end of each 
quarter on the actual and planned distribution of these funds.

                          Financial Management

      The conferees direct the Coast Guard to provide a report 
on the progress of the Financial Strategy for Transformation 
and Audit Readiness initiative no later than six months after 
the date of enactment of this Act, as outlined in the House 
report. Furthermore, the conferees direct the Coast Guard to 
periodically update the Committees on progress made toward 
attaining a clean audit, as proposed by the Senate.

                   Reporting Requirements Withholding

      The conferees note that despite legislative mandates the 
Coast Guard has failed to produce an expenditure plan for the 
Integrated Deepwater Systems program, a Capital Investment 
Plan, or Quarterly Acquisition Reports in time to be of use 
during the fiscal year 2010 appropriations process. In an 
effort to encourage timely submissions to the Committees of 
materials necessary for robust and informed oversight, the 
conference report withholds $50,000,000 from obligation from 
the Coast Guard's Headquarters Directorates PPA until the 
Revised Deepwater Implementation Plan, a comprehensive five-
year Capital Investment Plan for fiscal years 2011-2015, and 
the Quarterly Acquisition Report for the second quarter of 
fiscal year 2010 have been submitted to the Committees.

                           Biometrics at Sea

      The conferees direct the Coast Guard to brief the 
Committees on its plans for the future growth of the Biometrics 
at Sea program no later than 60 days after the date of 
enactment of this Act, as outlined in the House report.

                      Counternarcotics Enforcement

      The conferees provide $4,000,000 above the budget request 
to enhance Coast Guard counternarcotics enforcement efforts, 
instead of $5,735,000 as proposed by the House. No additional 
funding for this activity was proposed by the Senate. The Coast 
Guard is directed to report to the Committees no later than 15 
days after the date of enactment of this Act on how these funds 
will be applied to specific counternarcotics programs. The 
application of these additional funds may include expansion of 
Airborne Use of Force and Law Enforcement Detachment 
capabilities and should be based upon the Coast Guard's most 
pressing resource needs related to counternarcotics enforcement 
in the source and transit zones.

                    Critical Depot Level Maintenance

      The conference agreement provides $10,000,000 above the 
budget request to address the Coast Guard's significant backlog 
for critical depot level maintenance for aging surface, air, 
and shore assets, instead of $20,000,000 as proposed by the 
Senate and $5,000,000 as proposed by the House for cutter 
maintenance. These additional funds will address crew safety, 
habitability, hazardous materials remediation, emergency and 
scheduled maintenance, and spare parts availability 
requirements, as described in the Senate report.

               Long Range Aids to Navigation--C (LORAN-C)

      The conference agreement includes $12,000,000 above the 
request for LORAN-C, instead of $36,000,000 as proposed by the 
House and $18,000,000 as proposed by the Senate. The conference 
agreement includes and modifies a general provision (Sec. 559), 
as proposed by the Senate continuing LORAN-C operations through 
January 4, 2010. LORAN-C operations shall continue beyond that 
date unless the Commandant of the Coast Guard certifies that 
the termination of the LORAN-C signal will not adversely impact 
the safety of maritime navigation and the Secretary certifies 
that the LORAN-C system infrastructure is not needed as a 
backup to the Global Positioning System (GPS) or to meet any 
other Federal navigation requirement. If the Commandant and 
Secretary make such certifications, the Coast Guard shall 
commence a phased decommissioning of the LORAN-C 
infrastructure, and provide a detailed termination plan for the 
system to the Committees within 30 days of certification.
      If the required certifications are met, section 559 also 
permits the Secretary to sell LORAN-C property to offset the 
costs of environmental compliance and restoration, including 
costs of securing and maintaining equipment that may be used as 
a backup to GPS.

                       Operations Systems Center

      The conference agreement includes $3,600,000 above the 
budget request, as proposed by the Senate, for customized 
tenant improvements in conjunction with the Operations Systems 
Center (OSC) expansion project. The House provided no 
additional funding for this activity. The OSC continues to 
experience steady growth in both the number of systems being 
developed and the number of staff required to support those 
systems. Currently, 500 government and contractor personnel 
work at the OSC. The existing main facility space has been at 
capacity for four years and it will not accommodate the 
expected growth to over 900 staff. The Coast Guard is currently 
housing several employees in temporary trailers. The Coast 
Guard is directed to work with GSA to produce a prospectus no 
later than 60 days after the date of enactment of this Act for 
this expansion and to complete a competitively awarded lease.

                         Data Center Migration

      The conference agreement provides no funds for Coast 
Guard data center migration as proposed by the House instead of 
$20,400,000 as proposed by the Senate.

          Polar Icebreaking Operations and Maintenance Funding

      The conferees expect polar icebreaking operations and 
maintenance budget authority and associated FTE to be included 
in the Coast Guard's budget request for fiscal year 2011. The 
National Science Foundation and Coast Guard shall update the 
existing Memorandum of Agreement to reflect the change in 
budget authority as proposed by the Senate. Furthermore, the 
conferees direct the Coast Guard to follow the direction 
regarding the high latitude study as outlined in the House 
report.

                      Invasive Species Protection

      The conferees are concerned about the threat that harmful 
invasive species, such as the Asian carp, pose to the Great 
Lakes ecosystem. The conferees are aware that the Chicago 
Sanitary and Ship Canal second dispersal barrier recently went 
to higher operating parameters. The Coast Guard is encouraged 
to continue working in conjunction with the U.S. Army Corps of 
Engineers on any safety testing of the electrical parameters 
deemed necessary.

                             Watchstanders

      The conference agreement provides $500,000 above the 
budget request to meet increased operational demands and to 
enhance situational awareness and information sharing in Coast 
Guard command centers, instead of an additional $1,000,000 as 
proposed by the Senate. The House proposed no additional 
funding for this activity.

                            Coast Guard Yard

      The conferees recognize the Coast Guard Yard at Curtis 
Bay, Maryland, is a critical component of Coast Guard's core 
logistics capability that directly supports fleet readiness. 
The conferees further recognize the Yard has been a vital part 
of the Coast Guard's readiness and infrastructure for more than 
100 years and believe that sufficient industrial work should be 
assigned to the Yard to maintain this capability.

              Security of Liquefied Natural Gas Operations

      The conferees direct the Secretary, in conjunction with 
the Commandant, to submit a report assessing whether the Coast 
Guard has sufficient resources to protect Liquefied Natural Gas 
(LNG) tankers and facilities, and recommendations for 
strengthening the Coast Guard's security role not later than 
six months after the date of enactment of this Act, as outlined 
in the Senate report. Furthermore, the conferees direct the 
Coast Guard to report to the Committees on the impact of a 
proposed LNG facility in Fall River, Massachusetts on boat 
traffic, as outlined in the Senate report, no later than six 
months after the date of enactment of this Act.

                  National Vessel Documentation Center

      The conferees understand that user fee collections, which 
help offset the costs of Coast Guard activities at the National 
Vessel Documentation Center (NVDC), have decreased due to the 
economic downturn. The Coast Guard shall avoid any reduction in 
the NVDC's government-employed or contract staff levels 
ordinarily funded through proprietary receipts made available 
in this or any other Act by reassigning such staff to non-fee 
related Coast Guard activities.

                ENVIRONMENTAL COMPLIANCE AND RESTORATION

      The conference agreement provides $13,198,000 for 
Environmental Compliance and Restoration as proposed by the 
House and Senate. The conferees direct the Coast Guard to 
provide the prioritized list outlining the Environmental 
Compliance and Restoration backlog and five-year restoration 
plan within six months after the date of enactment of this Act, 
as outlined in the House report.

                            RESERVE TRAINING

      The conference agreement provides $133,632,000 for 
Reserve Training as proposed by the House and Senate.

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

      The conference agreement provides $1,537,080,000 for 
Acquisition, Construction, and Improvements instead of 
$1,347,480,000 as proposed by the House and $1,597,580,000 as 
proposed by the Senate. Funding is provided as follows:

Vessels:
    Response boat--medium...............................    $121,000,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Vessels...............................     121,000,000
Other Equipment:
    National distress and response system modernization 
      (Rescue 21).......................................     117,000,000
    HF recapitalization.................................       2,500,000
    Interagency Operations Centers (Command 21).........      10,000,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Other Equipment.......................     129,500,000
Personnel and Related Support:
    Core acquisition costs..............................         500,000
    Direct personnel costs..............................     104,700,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Personnel and Related Support.........     105,200,000
Integrated Deepwater Systems:
    Aircraft:
        Maritime patrol aircraft........................     138,500,000
        HH-60 conversion projects.......................      45,900,000
        HC-130H conversion/sustainment projects.........      45,300,000
        HH-65 conversion project........................      38,000,000
        C-130J fleet introduction.......................       1,300,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Aircraft..........................     269,000,000
    Surface Ships:
        National Security Cutter........................     389,480,000
        Offshore Patrol Cutter..........................       9,800,000
        Fast Response Cutter............................     243,000,000
        IDS small boats.................................       3,000,000
        Patrol Boat sustainment.........................      23,000,000
        Medium Endurance Cutter sustainment.............      31,100,000
        Polar Icebreaker sustainment....................      27,300,000
        High Endurance Cutter sustainment...............       4,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Surface Ships.....................     730,680,000
    Technology Obsolescence Prevention..................       1,900,000
    C4ISR...............................................      35,000,000
    Logistics...........................................      37,700,000
    Systems engineering and integration.................      35,000,000
    Government program management.......................      45,000,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Integrated Deepwater Systems..........  $1,154,280,000
Shore Facilities and Aids to Navigation.................      27,100,000
            Total, Acquisition, Construction, and 
              Improvements..............................  $1,537,080,000

                     Quarterly Acquisition Reports

      The Commandant is directed to continue to submit 
quarterly acquisition and mission emphasis reports consistent 
with deadlines articulated under section 360 of division I of 
Public Law 108-7 and the fiscal year 2008 joint explanatory 
statement. The conferees note that the Coast Guard has adopted 
the practice of comparing cost, schedule, and performance 
estimates against the most recently approved baseline. This 
approach provides an incomplete assessment of an acquisition's 
progress against the original baseline. Therefore, the report 
shall compare current estimates against the original baseline 
and the most recent baseline, if available. This method is 
consistent with Department of Defense acquisition reporting 
policy and is recommended by GAO. When reporting on ``key 
project documents,'' it should be noted if approved 
documentation differs from that required by the Major Systems 
Acquisition Manual or the Department's Acquisition Review 
guidance. The reports should also indicate if a test and 
evaluation master plan has been approved for an asset. Finally, 
the acquisition reports shall include a stoplight chart that 
tracks key performance parameters of each asset through 
developmental and operational testing. The conferees note that 
Coast Guard consistently fails to meet the quarterly submission 
deadlines for these reports and find such poor compliance to be 
unacceptable.

   Comprehensive Review of the Revised Deepwater Implementation Plan

      The conferees note with emphasis the legislative 
requirement for the Secretary to submit a comprehensive review 
of the Revised Deepwater Implementation Plan (RDIP). The 
longstanding requirements for this review are specific: a 
complete projection of the acquisition costs and schedule for 
the duration of the RDIP. The conferees expect this review to 
update the original RDIP estimated total cost of $24.2 billion 
and projected completion by fiscal year 2027. Furthermore, the 
review should clearly and comprehensively display the types and 
quantities of operational assets covered by the RDIP and the 
costs and schedule, by fiscal year and by asset, for the 
replacement or phase-out of legacy assets through refurbishment 
or acquisition. Since the recapitalization of the Coast Guard's 
cutters, aircraft, and C4ISR systems is a complex, multi-year, 
and integrated program, the conferees believe it is imperative 
to evaluate the complete acquisition program baseline, by 
asset, through the duration of the RDIP. Given that this RDIP 
review has been mandated in every annual appropriations Act for 
DHS since the first RDIP was established in November 2006, the 
conferees cannot foresee any justification for undue delay from 
DHS and the Coast Guard in submitting a review that fully 
complies with the specified requirements, including complete 
baseline costs. As noted previously in this statement, 
$50,000,000 is withheld from obligation from Coast Guard 
Headquarters Directorates until this RDIP review is submitted 
to the Committees, along with the Capital Investment Plan for 
fiscal years 2011-2015 and the Quarterly Acquisition Report for 
the second quarter of fiscal year 2010.

                         Response Boat--Medium

      The conference agreement provides $121,000,000 for the 
Response Boat--Medium (RB-M) acquisition, instead of 
$103,000,000 as proposed by the House and $123,000,000 as 
proposed by the Senate. These funds support the purchase of 39 
RB-Ms, nine more than requested.

                        Maritime Patrol Aircraft

      The conference agreement provides $138,500,000 for the 
Maritime Patrol Aircraft acquisition as proposed by the House 
instead of $175,000,000 as proposed by the Senate. Funds are 
available for maritime patrol aircraft, mission pallets, 
simulator, and associated project costs. The Coast Guard is to 
brief the Committees no later than 30 days after the date of 
enactment of this Act on the planned distribution of these 
funds.

                        National Security Cutter

      The conference agreement provides $389,480,000 for the 
National Security Cutter (NSC) acquisition as proposed by the 
Senate instead of $281,480,000 as proposed by the House. These 
funds are to complete production of NSC #4 and for long lead-
time materials for NSC #5. The conferees direct the Coast Guard 
to finalize the integrated logistics plan for the NSC and to 
brief the Committees on it within 60 days of the date of 
enactment of this Act.

                         Offshore Patrol Cutter

      The conferees direct the Coast Guard to brief the 
Committees by March 15, 2010, on the progress of its ongoing 
preliminary acquisition work on the Offshore Patrol Cutter, 
including the results of the requirements and alternatives 
analyses.

                          Fast Response Cutter

      The conferees expect the Coast Guard to continue 
quarterly briefings on the status of the Fast Response Cutter 
procurement as outlined in the Senate report, including 
information on the effectiveness of its efforts to control cost 
growth in the program.

                      Polar Icebreaker Sustainment

      The conference agreement provides an additional 
$32,500,000 to complete the reactivation and service life 
extension of the Coast Guard Cutter POLAR STAR as proposed by 
the Senate. No additional funding for this activity was 
proposed by the House. Of this amount, $5,200,000 is provided 
in the Acquisition, Construction, and Improvements direct 
personnel costs PPA. Funds shall be applied as specified in the 
Senate report. The conferees believe returning POLAR STAR to 
operational status is vital to national interests in the polar 
regions. According to the Coast Guard the only existing 
operational heavy icebreaker, the POLAR SEA, has only five 
years of service life remaining. The absence of requested 
funding to complete fiscal year 2009 efforts to reactivate 
POLAR STAR, combined with the lack of compliance with standing 
Congressional direction on the polar icebreaking budget, 
implies a broader lack of commitment to sustaining polar 
capabilities and achieving long-term, strategic objectives in 
the Arctic. The conferees direct the Coast Guard to brief the 
Committees no later than December 15, 2009, on the program 
execution plan for reactivation of POLAR STAR and the status of 
resources required to achieve mission requirements for polar 
operations.

                   High Endurance Cutter Sustainment

      The conference agreement provides $4,000,000 above the 
request for pre-acquisition survey and design to determine the 
requirements for a maintenance effectiveness project for the 
High Endurance Cutter, instead of the $8,000,000 as proposed by 
the Senate. No additional funding for this activity was 
proposed by the House. The conferees direct the Coast Guard to 
brief the Committees no later than 60 days after the date of 
enactment of this Act on preliminary plans for this effort, as 
proposed by the Senate.

              Interagency Operations Centers (Command 21)

      The conference agreement provides $10,000,000 for 
Interagency Operations Centers instead of $28,000,000 as 
proposed by the Senate. No additional funding for this activity 
was proposed by the House. Within 90 days after the date of 
enactment of this Act, the Coast Guard shall submit an 
expenditure plan for these funds as outlined in the Senate 
report.

                Shore Facilities and Aids to Navigation

      The conference agreement provides $27,100,000 for shore 
facilities and aids to navigation as proposed by the Senate 
instead of $10,000,000 as proposed by the House. The conferees 
direct the Coast Guard to provide the Committees with a 
prioritized list of projects in the current construction 
backlog by January 15, 2010, and the Coast Guard's plan to 
address them.
      The conferees continue to be concerned with the condition 
of the Coast Guard Academy pier. The conference agreement 
includes $300,000 for survey and design costs for this project 
as proposed by the Senate.
      The conference agreement also includes $16,800,000, as 
proposed by the Senate, to complete the project proposal to 
renovate, improve, or construct a new Station and Marine Safety 
Unit Cleveland Harbor, Ohio, and to begin work on this project. 
The Coast Guard should take a phased approach to this project 
to fully utilize the funds available.
      In addition, the conference agreement includes a general 
provision, as proposed by the House, authorizing the Coast 
Guard to use previously appropriated funds for the 
consolidation of Sector Buffalo to enhance public access to the 
Buffalo Lighthouse. The Coast Guard is directed to brief the 
Committees within 90 days after the date of enactment of this 
Act on how this aspect of the project will be completed by the 
end of fiscal year 2011.

                           Hiring Authorities

      The conferees encourage the Coast Guard to work with the 
appropriate authorizing committees of Congress to ensure that 
its hiring authorities are on par with those of the other armed 
services, as recommended by the Senate. Furthermore, the 
conferees direct the Coast Guard to brief the Committees no 
later than 60 days after the date of enactment of this Act on 
efforts to reduce reliance on contractors performing inherently 
governmental work, as proposed by the Senate.

                        Great Lakes Icebreaking

      The conferees direct the Coast Guard to conduct an 
alternatives analysis for Great Lakes icebreaking and submit it 
to the Committees no later than four months after the date of 
enactment of this Act, as outlined in the Senate report.

                Government Accountability Office Reviews

      The conferees direct the GAO to continue its oversight of 
the Deepwater Program. In addition to the programs highlighted 
in the Senate report, GAO should focus on programs nearing 
critical decision points, such as the Fast Response Cutter, 
Maritime Patrol Aircraft, and C4ISR, as well as continuing its 
ongoing work reviewing the acquisition of the NSC and changes 
made to acquisition processes and policies at both the 
component and Departmental level that will affect how the Coast 
Guard functions as systems integrator. The conferees expect GAO 
to review Coast Guard expenditure plans once they are 
transmitted to the Committees.

                         Alteration of Bridges

      The conference agreement provides $4,000,000 for 
Alteration of Bridges, as proposed by the Senate instead of 
$10,000,000 as proposed by the House. Funding is provided for 
alteration of the Fort Madison Bridge in Fort Madison, Iowa.

              Research, Development, Test, and Evaluation

      The conference agreement provides $24,745,000 for 
Research, Development, Test, and Evaluation instead of 
$19,745,000 as proposed by the House and $29,745,000 as 
proposed by the Senate. Within this total is $5,000,000 above 
the request for unmanned aircraft system (UAS) priority 
research, instead of $10,000,000 as proposed by the Senate. No 
additional funding for this activity was proposed by the House. 
The conferees direct the Coast Guard to provide periodic 
updates on the research schedule, findings, and implications 
for potential acquisition and deployment of UAS resources, as 
noted in both the House and Senate reports.
      The conferees direct the Coast Guard to report to the 
Committees on how the research projects outlined in the request 
will be supported, including development of freshwater ballast 
treatment technologies, within 90 days after the date of 
enactment of this Act, as outlined in the House report.

                              RETIRED PAY

      The conference agreement provides $1,361,245,000 for 
retired pay as proposed by the House and the Senate.

                      United States Secret Service

                         Salaries and Expenses

      The bill provides $1,478,669,000 for Secret Service 
Salaries and Expenses instead of $1,457,409,000 as proposed by 
the House and $1,482,709,000 as proposed by the Senate. The 
funds should be allocated as follows:

Protection:
    Protection of Persons and Facilities................    $755,521,000
    Protective Intelligence Activities..................      67,824,000
    National Special Security Event Fund................       1,000,000
    White House mail screening..........................      22,415,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Protection............................     846,760,000
Investigations:
    Domestic Field Operations...........................     260,892,000
    International Field Office Administration, 
      Operations, and Training..........................      30,705,000
    Electronic Crimes Special Agent Program and 
      Electronic Crimes Task Forces.....................      56,541,000
    Support for missing and exploited children..........       8,366,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Investigations........................     356,504,000
Headquarters, Management and Administration.............     221,045,000
Training:
    Rowley Training Center..............................      54,360,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total, U.S. Secret Service, Salaries and 
              Expenses..................................  $1,478,669,000

                  Secret Service Financial Management

      On June 30, 2009, the Department of Homeland Security 
notified Congress that the Secret Service expended $5,100,000 
more than had been appropriated for Presidential campaign 
protection in fiscal year 2009. In order to rectify this 
shortfall, the Committees directed the Secret Service to 
reallocate appropriations originally provided in the Omnibus 
Appropriations Act, 2009, to expand the agency's protective 
mission. This reallocation was supported by information 
provided to the Committees showing that the Secret Service 
planned to hire fewer Special Agents in fiscal year 2009 than 
had originally been planned.
      The conferees are extremely concerned that it took the 
Department and the Secret Service more than seven months to 
notify the Congress of the campaign protection cost overruns. 
At a minimum, this ex post facto reporting violated section 503 
of the Department of Homeland Security Appropriations Act, 
2009, which requires the Department to notify the Congress in 
advance of any proposals to reprogram or transfer appropriated 
funds. The conferees are concerned that such action may have 
violated the Anti-Deficiency Act, which prohibits any executive 
branch employee from obligating or expending funds in excess of 
levels appropriated by Congress. As a result of these concerns, 
the conferees direct the Comptroller General to investigate 
this situation, report to the Committees on whether the 
Department's action violated these laws, and identify all 
actions taken or recommended to be taken to address and correct 
any violation.
      In addition, the conferees note this is not the first 
incidence of budgetary execution problems at the Secret 
Service. A similar disregard of budgetary limitations occurred 
at the end of the 2004 Presidential campaign and again after 
the 2005 United Nations General Assembly meeting. Concerns 
regarding the Secret Service's ability to provide timely 
information on budget execution to the Committees were 
explicitly discussed in House Report 109-476, including 
direction on corrective actions. Furthermore, the Secret 
Service has already indicated that its protective 
responsibilities in fiscal year 2010 will include more 
protectees than budgeted, raising the possibility that fiscal 
year 2010 resources for the Secret Service protective mission 
may prove inadequate. Therefore, the conferees direct the 
Department of Homeland Security Chief Financial Officer and the 
United States Secret Service Assistant Director for 
Administration to brief the Committees not later than 30 days 
after the date of enactment of this Act on the process that 
will be implemented in fiscal year 2010 to ensure such problems 
do not reoccur. The President should seek additional funds if a 
shortfall is identified, or the Department should seek a 
transfer or reprogramming of funds in accordance with section 
503 of this Act.

          Secret Service Information Technology Modernization

      The conference agreement provides $33,960,000 for Secret 
Service information technology modernization as proposed by the 
Senate instead of $12,700,000 as proposed by the House. The 
conferees include statutory language prohibiting the obligation 
of these funds for any information technology equipment 
purchases until the DHS Chief Information Officer (CIO) 
certifies to the Committees that Secret Service information 
technology modernization is consistent with DHS guidance for 
data center consolidation and enterprise architecture 
requirements.
      The Secret Service is to work with the DHS CIO to develop 
a transition plan to integrate the agency's data center 
consolidation efforts, as proposed by the House; and the Secret 
Service and DHS CIO are to provide semi-annual briefings to the 
Committees on progress in upgrading IT systems and programs, as 
proposed by the Senate.

                    Uniformed Division Modernization

      The conference agreement does not provide the requested 
$4,040,000 for implementation of the proposed Uniformed 
Division Modernization Act (UDMA) as proposed by the House 
instead of the $4,040,000 proposed by the Senate. While the 
relevant authorizing committees of jurisdiction have begun the 
legislative process to enact such reforms and the conferees are 
supportive of these reforms, it is not clear when this work 
will be complete. If the proposed UDMA is enacted into law in 
fiscal year 2010, the Committees are willing to work with the 
Administration to implement such reforms expeditiously.

                New Secret Service Offices and Locations

      The conference agreement includes funding for operations 
of the Tallinn, Estonia, international field office, as 
requested in the budget. At the end of fiscal year 2009, the 
Secret Service determined that the best location from which to 
combat emerging electronic crime threats in the Baltic States 
is Tallinn, and informed the Committees of this decision when 
it proposed using a portion of that year's international 
operations appropriation to open the office. The Committees 
subsequently approved this expansion.
      Given concerns that the Secret Service has opened other 
new permanent offices without notifying the Congress, the 
conference report includes a statutory requirement that the 
Secret Service notify the Committees in advance of obligating 
any funds to open a new permanent domestic or overseas Secret 
Service office or location.

     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

      The conference agreement provides $3,975,000 for 
Acquisition, Construction, Improvements, and Related Expenses 
as proposed by both the House and the Senate.

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     Management and Administration

      The conference agreement provides $44,577,000 for 
Management and Administration of the National Protection and 
Programs Directorate (NPPD), as proposed by both the House and 
the Senate. As discussed in the Senate report, the Under 
Secretary is directed to provide quarterly briefings to the 
Committees on the specific use of resources. In addition, the 
conferees direct NPPD to submit to the Committees, within 60 
days after the date of enactment of this Act, an expenditure 
plan for the Office of Risk Management and Analysis.

           INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

      The conference agreement provides $899,416,000 for 
Infrastructure Protection and Information Security (IPIS) 
instead of $883,346,000 as proposed by the House and 
$901,416,000 as proposed by the Senate. Funding levels by 
activity are as follows:

Infrastructure Protection:
    Identification and Analysis.........................     $90,610,000
    Coordination and Information Sharing................      59,582,000
    Mitigation Programs.................................     197,111,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Infrastructure Protection...............     347,303,000
National Cyber Security Division:
    U.S. Computer Emergency Response Team (US-CERT).....     323,629,000
    Strategic Initiatives...............................      64,179,000
    Outreach and Programs...............................       9,346,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, National Cyber Security Division........     397,154,000
Office of Emergency Communications......................      45,060,000
National Security/Emergency Preparedness (NS/EP) 
    Telecommunications:
    Priority Telecommunications Services................      56,773,000
    Next Generation Networks............................      25,000,000
    Programs to Study and Enhance Telecommunications....      16,774,000
    Critical Infrastructure Protection Programs.........      11,352,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, NS/EP Telecommunications................     109,899,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total, Infrastructure Protection and Information 
          Security......................................    $899,416,000

                            Budget Structure

      As discussed in the House report and regardless of any 
alternative budget structures that may be proposed, the NPPD 
Chief Financial Officer is directed to submit the fiscal year 
2011 budget in a PPA structure identical, by account, to that 
enacted in this Act and as presented in this statement. 
Furthermore, any report, briefing, or explanatory materials 
submitted to the Committees in fiscal year 2010 should present 
funding in this same structure.

         Infrastructure Protection--Identification and Analysis

      The conference agreement provides $90,610,000 for 
Identification and Analysis as proposed by the Senate instead 
of $86,610,000 as proposed by the House. This amount includes 
$26,521,000 for Vulnerability Assessments and $20,000,000 for 
the National Infrastructure Simulation and Analysis Center 
(NISAC). As discussed in the Senate report, the conferees 
encourage NISAC to continue to work with the National Incident 
Management Systems and Advanced Technologies Institute at the 
University of Louisiana at Lafayette.

    Infrastructure Protection--Coordination and Information Sharing

      The conference agreement provides $59,582,000 for 
Coordination and Information Sharing as proposed by the Senate 
instead of $62,912,000 as proposed by the House. This amount 
includes a $9,000,000 increase from the budget request level 
for National Infrastructure Protection Plan implementation and 
Critical Infrastructure/Key Resources partnership management. 
Within 15 days after the date of enactment of this Act, the 
NPPD Chief Financial Officer shall provide the Committees an 
explanation of how this additional funding will be divided 
between these two activities.

             Infrastructure Protection--Mitigation Programs

      The conference agreement provides $197,111,000 for 
Mitigation Programs instead of $196,961,000 as proposed by the 
House and $196,111,000 as proposed by the Senate. This amount 
includes $14,768,000 for the Office of Bombing Prevention as 
proposed by the Senate instead of $14,618,000 as proposed by 
the House. As discussed in the House report, $1,000,000 is for 
infrastructure and crime monitoring cameras in the City of 
Philadelphia, Pennsylvania. As discussed in the Senate report, 
the conferees encourage the Office of Infrastructure Protection 
to work with the University of Southern Mississippi to address 
the range of potential and actual threats and risks to the on-
going safety and security at venues with large crowds.

National Cyber Security Division--U.S. Computer Emergency Response Team 
                               (US-CERT)

      The conference agreement provides $323,629,000 for the 
National Cyber Security Division (NCSD) US-CERT program instead 
of $310,629,000 as proposed by the House and $331,629,000 as 
proposed by the Senate. Within the total provided, the 
conferees provide $5,000,000 for the Cyber Security 
Coordination program. In addition, the conferees direct the 
Department to utilize any unobligated balances from the now-
discontinued National Cyber Security Center for this 
coordinating function. As discussed in the Senate report, the 
conference agreement provides $8,000,000 for data center 
migration activities.

        National Cyber Security Division--Strategic Initiatives

      The conference agreement provides $64,179,000 for NCSD 
Strategic Initiatives as proposed by the House instead of 
$57,679,000 as proposed by the Senate. As discussed in the 
House report, the total amount includes: $3,500,000 for a Cyber 
Security Test Bed and Evaluation Center in Research Triangle 
Park, North Carolina; $3,500,000 for cyber security training at 
the University of Texas at San Antonio; $3,000,000 for the 
Multi-State Information Sharing and Analysis Center (MS-ISAC) 
at the New York Office of State Cyber Security and Critical 
Infrastructure Coordination; $3,000,000 for the Power and Cyber 
Systems Protection, Analysis, and Testing Program at the Idaho 
National Laboratory, Idaho; $500,000 for Virginia's Operational 
Integration Cyber Center of Excellence (VOICCE) in Hampton, 
Virginia; and $100,000 for the Upstate New York Cyber 
Initiative at Clarkson University.

        National Cyber Security Division--Outreach and Programs

      The conference agreement provides $9,346,000 for NCSD 
Outreach and Programs as proposed by the Senate instead of 
$7,096,000 as proposed by the House. Within this amount, the 
conference agreement provides $2,250,000 for the Cyber Security 
Information Sharing and Collaboration program as requested in 
the budget.

                    Nationwide Cyber Security Review

      The conferees note the importance of a comprehensive 
effort to assess the security level of cyberspace at all levels 
of government. To accomplish this, cyber network security 
assessment tools must first be in place; however, the conferees 
understand that no such tools currently exist. Given this, the 
conferees do not require the Secretary to provide a report by 
June 1, 2010, on the status of cyber security measures in 
States and large urban areas, as proposed in the Senate report. 
Instead, NPPD, in cooperation with FEMA and relevant 
stakeholders, shall develop the necessary tools for all levels 
of government to complete a cyber network security assessment 
so that a full measure of gaps and capabilities can be 
completed in the near future. NPPD, in conjunction with FEMA, 
shall brief the Committees within 60 days after the date of 
enactment of this Act on the specific timeframes and 
deliverables necessary to complete the development and 
execution of such tools in order to complete such an assessment 
by June 2011.

                   Office of Emergency Communications

      The conference agreement provides $45,060,000 for the 
Office of Emergency Communications (OEC) as proposed by the 
House and instead of $44,060,000 as proposed by the Senate. As 
discussed in the House report, $1,000,000 of this amount is for 
SEARCH of Sacramento, California, to provide interoperable 
communications, training, certification, technical assistance, 
and outreach programs to State, regional, and local first 
responder communications coordinators. As discussed in the 
Senate report, the conferees are concerned that OEC has been 
slow to establish Emergency Preparedness Communications Centers 
(ECPC) and direct GAO to evaluate progress made to initiate 
this program and any obstacles to Federal coordination through 
ECPC.

   National Security/Emergency Preparedness Telecommunications--Next 
                          Generation Networks

      The conference agreement provides $25,000,000 for the 
Next Generation Networks (NGN) program as proposed by both the 
House and the Senate. Given that it took NPPD more than eight 
months to submit a fiscal year 2009 NGN expenditure plan that 
did not fulfill all of the requirements specified by Congress, 
the conferees direct NPPD to submit a fiscal year 2010 
expenditure plan for this program within 60 days after the date 
of enactment of this Act and withhold half of the appropriation 
until the Committees approve the plan.

 National Security/Emergency Preparedness Telecommunications--Programs 
                to Study and Enhance Telecommunications

      The conference agreement provides $16,774,000 for 
Programs to Enhance and Study Telecommunications (PSET) as 
proposed by both the House and Senate. The conference agreement 
does not provide the budget request for the proposed Continuity 
Communications Architecture program but does not preclude the 
use of other PSET funds for this purpose, pursuant to section 
503 of this Act.

 National Security/Emergency Preparedness Telecommunications--Critical 
                   Infrastructure Protection Programs

      The conference agreement provides $11,352,000 for 
Critical Infrastructure Protection Programs as proposed by the 
House instead of $13,852,000 as proposed by the Senate. No 
funding is included for the Regional Communications 
Coordinators program.

 National Security/Emergency Preparedness Telecommunications--National 
                  Command and Coordination Capability

      As discussed in the House report, the conferees provide 
no funding for the National Command and Coordination Capability 
(NCCC) since the budget proposed discontinuation of this 
program. In addition, the conference agreement includes a 
general provision rescinding $8,000,000 in unobligated balances 
from NPPD. This rescission should include unobligated prior-
year appropriations made for NCCC. The conferees direct the 
NPPD Chief Financial Officer to report on the distribution of 
this rescission by program, project, and activity to the 
Committees within 15 days after the date of enactment of this 
Act.

                       FEDERAL PROTECTIVE SERVICE

                        Management Restructuring

      The conference agreement supports the realignment of 
Federal Protective Service (FPS) operations from ICE to NPPD as 
proposed by the Senate instead of retaining FPS in ICE as 
proposed by the House. The conferees expect the Secretary and 
the Deputy Secretary to take responsibility for overseeing an 
effective transition. DHS managers overseeing this transition 
are instructed to brief the Committees on progress transferring 
FPS to NPPD at least semi-annually, starting no later than 
January 15, 2010, as discussed in the Senate report. The 
content of this briefing should include at a minimum as much 
detail as the transition plan discussed in the House report, 
which was submitted to the Committees on August 21, 2009.

                             FPS Resources

      Given that the Committees have, for the past two years, 
expressed concern about the adequacy of the FPS police force to 
protect Federal workers and buildings nation-wide, the 
conferees are troubled that information explaining the 
transition of FPS to NPPD estimates an increase in overhead 
charges that FPS will pay to NPPD but does not identify the 
source from which these funds will be found. Since FPS is 
funded through the collection of security fees from other 
agencies, the conference agreement continues a provision 
included in the last two Department of Homeland Security 
Appropriations Acts that requires the Administration to certify 
that FPS will collect adequate fees to employ not less than 
1,200 FPS employees including at least 900 in-service field 
staff. The conferees direct that any additional costs for 
administrative overhead charged to FPS not reduce the staffing 
levels at the agency below the number of employees as of 
September 30, 2009. The conferees expect that the total amount 
required for administrative costs will be identified in the 
2011 budget.

    United States Visitor and Immigrant Status Indicator Technology

      The conference agreement provides $373,762,000 for United 
States Visitor and Immigrant Status Indicator Technology (US-
VISIT) instead of $351,800,000 as proposed by the House and 
$378,194,000 as proposed by the Senate. Of this amount, 
$75,000,000 may not be obligated until the Committees receive, 
not later than 90 days after the date of enactment of this Act, 
an expenditure plan that meets the statutory conditions 
specified under the US-VISIT heading in Public Law 110-329.
      Within the total amount provided is $118,692,000 for 
Program Management Services; $31,000,000 for Identity 
Management and Screening Services; $28,700,000 for Unique 
Identity; and $22,000,000 for development and implementation of 
a biometric air exit solution. It also includes, as requested 
in the budget, $128,126,000 for Operations and Maintenance, and 
$45,244,000 for data center migration.
      The conference report provides that $28,000,000 in prior 
year balances shall remain available until expended solely for 
implementation of a biometric air exit capability.

                             Biometric Exit

      The conferees support the implementation of a biometric 
exit solution as soon as possible. The conferees have provided 
a total of $50,000,000 for implementation of a biometric air 
exit capability, and expect to see regular and material 
progress made towards a solution for exit at all ports of 
entry. The conferees expect DHS, through US-VISIT and its other 
component agencies, to leverage current infrastructure 
improvement initiatives such as WHTI and Southwest border 
outbound inspection to facilitate biometric exit solutions. The 
conferees direct DHS to submit its land exit planning document 
to the Committees as soon as it is completed and to continue to 
provide quarterly briefings on biometric exit implementation to 
the Committees, beginning November 1, 2009. The briefings 
should cover the status of air exit implementation, prospects 
for other exit solutions, and the status of discussions with 
Canada and Mexico on sharing immigration information to improve 
the ability to track departures. The monthly reports on 
implementation of biometric entrance and exit are no longer 
required.

                    Staffing and Contractor Support

      The conferees direct US-VISIT to provide quarterly 
briefings to the Committees on its hiring and position 
conversion efforts, as called for in the House report. These 
briefings should be provided at the same time as the biometric 
exit briefings.

                        Office of Health Affairs

      The conference agreement provides $139,250,000 for the 
Office of Health Affairs (OHA) instead of $128,400,000 as 
proposed by the House and $135,000,000 as proposed by the 
Senate. Within the amount provided is $5,000,000 as proposed by 
the House, for the North Carolina Collaboratory for Bio-
Preparedness for a demonstration project for the development of 
a statewide system to analyze public health trends and detect 
incidents.
      Also included is $89,513,000 for BioWatch as proposed by 
the Senate instead of $79,413,000 as proposed by the House. The 
funding shall be used to maintain the remaining first and 
second generation baseline biosurveillance capability and to 
complete the Generation 3 prototype unit field testing, perform 
data analysis, and verify the performance of the technology. 
The conferees remain committed to supporting DHS in its task of 
establishing a viable detection system but remain concerned 
that the plans for this security imperative are adrift. 
Therefore, OHA is directed to provide an expenditure plan with 
specific milestones for implementation, broken out by 
technology generation, to the Committees within 60 days of the 
date of enactment of this Act. The conferees further direct OHA 
to report quarterly on the deployment of any BioWatch device to 
new locations.
      The conferees are especially troubled by the continual 
delays in OHA's testing and evaluation of biosurveillance 
technology. The conferees are aware that OHA issued a request 
for proposal permitting a wide range of applicants to submit 
technologies for Generation 3. OHA is in the process of testing 
technologies to determine which ones best meet the nation's 
biodetection needs. The conferees expect the Science and 
Technology Directorate to be intricately involved in the test 
and evaluation of the BioWatch Generation 3 systems. 
Additionally, the conferees note that the National Assessment 
Group will provide an independent review of the test and 
evaluation process. Due to deficiencies that have arisen with 
the previous BioWatch generation technologies, there is an 
urgent need to complete research and development of Generation 
3 systems over the next year, providing for operational 
deployment starting in fiscal year 2011.
      A total of $3,726,000 has been provided for Planning and 
Coordination instead of $2,976,000 as proposed by the House and 
$4,476,000 as proposed by the Senate. The funding above the 
budget request is provided for OHA's Office of Medical 
Readiness in support of its role in planning for pandemic flu 
and activities related to the Food, Agricultural and Veterinary 
Defense Division.
      The conferees note the important role of DHS in Project 
BioShield under Section 319F-2 of the Public Health Service Act 
shall not be modified, as outlined in the Senate report.
      The conferees are concerned that systems purchased by 
State and local governments to detect chemical and biological 
substances that are not validated will be unable to accurately 
detect harmful pathogens. OHA is directed to work with the 
Federal Emergency Management Agency to ensure that grant 
requests are only approved for such systems that are proven to 
be adequate to detect harmful pathogens and provide accurate 
information for the health and safety of first responders and 
citizens.

                  Federal Emergency Management Agency

                     Management and Administration

      The conference agreement provides a total of $903,250,000 
for Federal Emergency Management Agency (FEMA) Management and 
Administration. Within this total is a direct appropriation of 
$797,650,000 for FEMA Management and Administration instead of 
$844,500,000 as proposed by the House and $859,700,000 as 
proposed by the Senate. An additional $105,600,000 shall be 
transferred from the Disaster Relief fund for management and 
administrative functions instead of $90,080,000 as proposed by 
the House and $50,000,000 as proposed by the Senate. Together 
with amounts made available for management and administration 
from grant accounts and the transfer from the Disaster Relief 
fund, management and administration activities are funded at 
$9,379,000 above fiscal year 2009.
      Of the amount provided, the conference agreement 
includes: $9,000,000 for the Emergency Management Institute; 
$5,900,000 for data center migration; $150,000 for FEMA 
international best practices; up to $10,000,000 for underground 
storage tank remediation; $2,945,000 for the Office of 
Environmental Planning and Historic Preservation; $65,201,000 
for Information Technology Services; $2,500,000 for Ready.gov; 
$2,156,000 for the National Hurricane Program; $10,281,000 for 
the National Dam Safety Program; and $8,977,000 for the 
National Earthquake Hazards Reduction Program.

     Mount Weather Emergency Operations Center Capital Improvements

      The conference agreement provides $36,300,000, to remain 
available until September 30, 2011, for capital improvements at 
the Mount Weather Emergency Operations Center (MWEOC), as 
proposed by the House instead of $49,913,000 as proposed by the 
Senate. The explanatory statement accompanying the Department 
of Homeland Security Appropriations Act, 2009, required FEMA to 
submit a MWEOC capital improvement plan to allow the Committees 
to better determine the needed investments for this strategic 
facility. However, nearly a year later, the Committees still 
have not received the plan. The conferees understand that there 
are sizable unobligated balances for capital improvements from 
prior year appropriations that will ensure critical work can 
take place. The conferees, however, are concerned with the lack 
of visibility into the planning, finances, and future costs 
associated with the improvements at this important facility. 
Therefore, the conferees direct FEMA to provide a report, not 
later than 180 days after the date of enactment of this Act, 
with detailed information on all MWEOC capital improvement 
funding. The report shall include a historical accounting of 
funding for MWEOC beginning with fiscal year 1997, including 
funding made available and obligations made in each fiscal 
year. Further, included in the report shall be a review by the 
DHS Office of General Counsel of all authorities used to 
execute that funding, including the authority to administer the 
MWEOC Working Capital Fund. The report should clearly list any 
amounts transferred to the fund from DHS entities as well as 
other federal sources in each fiscal year. The conferees 
further direct the Administration to provide the capital 
improvement plan required in fiscal year 2009 without delay.

                           Budget Submissions

      The conference agreement continues a provision directing 
FEMA to submit its fiscal year 2011 budget request by office as 
directed by the House and Senate. FEMA is directed to notify 
the Committees within 15 days if any office receives or 
transfers out more than 5 percent of the total amount allocated 
to each office.

                  National Incident Management System

      The conference agreement includes an additional 
$8,000,000 above the budget request instead of $9,000,000 as 
proposed by the House to support and enhance ongoing incident 
management efforts as specified in the House report. The Senate 
did not provide additional funding for these activities. The 
conferees direct FEMA to ensure that all communities are 
educated and trained on the National Incident Management 
System.

                             FEMA Workforce

      The conferees note the severe budget problems FEMA has 
sustained related to a structural pay shortfall. The conferees 
have directed the IG to investigate FEMA's hiring practices and 
to determine if the $35,000,000 requested in the budget is 
sufficient to rectify this known shortfall. FEMA is directed to 
provide a briefing on the specific processes in place to 
prevent discrepancies in on-board staff and the funds needed to 
sustain them in the future.
      The conference agreement provides $2,000,000 for FEMA to 
partner with the DHS Homeland Security Studies and Analysis 
Institute to conduct a study of FEMA's human capital resources 
instead of $2,250,000 as proposed by the Senate. The House did 
not include funding for this activity. The study shall include 
recommendations as required in the Senate report.

                      International Affairs Office

      The conference agreement provides an additional $150,000 
to support staff travel to foreign countries after disasters to 
offer and receive best practices and solutions instead of 
$300,000 as proposed by the House. The Senate did not propose 
additional funding for this program. The conferees direct FEMA 
to submit an expenditure plan for these funds by April 1, 2010, 
describing funds spent by that date, as well as how the 
remainder of funds will be spent during the fiscal year. The 
report should clearly describe how FEMA will apply and share 
the specific best practices garnered by the time of the report 
and what specifically will be sought on future trips.

              Local, State, Tribal, and Federal Task Force

      The conferees recognize that since September 11, 2001, 
there has been a rush to increase, restructure, and reinvest in 
preparedness, response, recovery, and mitigation policies and 
capabilities. This effort was reemphasized after Hurricane 
Katrina. Major preparedness and response policies have been 
developed or reshaped including: the National Preparedness 
Guidance; National Incident Management System; the National 
Response Framework; Comprehensive Planning Guidance; Disaster 
Housing Strategy; and Hazard Mitigation Assistance. Countless 
guidance documents have been issued to address specific issues 
or disasters. Additionally, over $27,000,000,000 has been 
invested by the federal government in grants, and an untold 
amount at the local and State level. These investments have 
provided equipment to make our public infrastructure safer, our 
first responders better protected and prepared to respond to 
all hazards, and to ensure a more coordinated effort among the 
levels of government. Efforts to fully assess these investments 
and improved capabilities have not yet come to fruition 
although disparate attempts to find a more comprehensive 
measure through programs such as Cost-to-Capability, the Target 
Capabilities List, and the Comprehensive Assessment System are 
ongoing.
      The conferees note that tremendous time and fiscal 
investments into preparedness have been made to date and 
believe it is time to take stock of such efforts to find ways 
to ensure the most efficient investments are made in the 
future. The reality of a constricted economy and competing 
interests make it imperative that current efforts related to 
homeland security and all-hazards response and recovery be 
streamlined. Therefore, the National Preparedness Directorate 
(NPD), in cooperation with the Office of Intergovernmental 
Affairs, shall lead the administrative effort of a Local, 
State, Tribal, and Federal preparedness task force. The task 
force is charged with making recommendations for all levels of 
government regarding: disaster and emergency guidance and 
policy; federal grants; and federal requirements, including 
measuring efforts. The task force shall especially evaluate: 
which policies and guidance need updating, and the most 
appropriate process by which to update them; which grant 
programs work the most efficiently and where programs can be 
improved; and the most appropriate way to collectively assess 
our capabilities and our capability gaps. Representation on the 
task force shall include: decision makers and practitioners 
from all disciplines including, but not limited to, 
firefighters, law enforcement, emergency management, health 
care, public works, development organizations, mitigation, and 
information technology; elected officials; and the private 
sector. NPD is directed to brief the Committees within 45 days 
after the date of enactment of this Act on its approach to 
establishing this task force and milestones for accomplishment.

                      FEMA Guidelines and Policies

      The conferees remain concerned that, in the past, grant 
guidance and policies have been used to alter major programs 
that impact State and local partners with little or no 
visibility to the incorporation of stakeholder input, if even 
solicited. As an interim step, while the Local, State, Tribal, 
and Federal Task Force is conducting its reviews, the conferees 
direct the Administrator of FEMA to report to the Committees no 
later than 60 days after the date of enactment of this Act on 
how the agency currently reviews policies and guidance and the 
process used to modify policies and guidance. The report should 
also include information on how the agency intends to amend its 
process for modifying grant guidance and policies to better 
obtain and incorporate public and stakeholder input. The report 
should include a detailed description of the impact of other 
participants in the policy process, such as DHS leadership, the 
Office of Management and Budget, and other White House offices. 
This report should build on the Stakeholder Engagement Plan 
provided in response to the requirement in the statement 
accompanying the Consolidated Security, Disaster Assistance, 
and Continuing Appropriations Act of 2009 (P.L. 110-329), which 
provided an explanation of the adjudication process on public 
comments for grant programs. Furthermore, the conferees direct 
FEMA to present policy changes and new policies to the National 
Advisory Council (NAC) on a quarterly basis. The conferees do 
not require FEMA to post policy changes online five days prior 
to implementation, as described in the House report. Instead, 
all current FEMA policies and guidance should be clearly placed 
on the website in an accessible and user-friendly way with 
updates posted in a timely manner.

                     Nationwide Plan Review Update

      The conferees direct FEMA to provide an update on the 
status of catastrophic planning, including mass evacuation 
planning, in all 50 States and the 75 largest urban areas, by 
April 16, 2010, as discussed in the Senate report.

                          Nuclear Preparedness

      The conferees note that a Nuclear Incident Communication 
Planning report and Planning Guidance for Response to a Nuclear 
Detonation have been issued, in accordance with direction 
provided in House Report 110-107. The report and guidance 
provide critical information that should be made available to 
the public on how to respond to a nuclear event. FEMA shall 
brief the Committees not later than 30 days after the date of 
enactment of this Act on how the information in the report and 
guidance will be incorporated into preparedness and public 
information activities.

                    Nationwide Cyber Security Review

      The conferees, as described previously, require NPPD to 
lead the effort to develop, in conjunction with FEMA, tools to 
assess cyber network security.

                         Post Disaster Housing

      FEMA is directed to report to the Committees, not later 
than 60 days after the date of enactment of this Act, regarding 
the plan for acquisition of alternative temporary housing units 
and procedures for expanding repair of existing multi-family 
rental housing units, semi-permanent, or permanent housing 
options, as authorized under section 689i(a) of the Post-
Katrina Emergency Management Reform Act of 2006.

                   U.S. Fire Service Needs Assessment

      FEMA, in conjunction with the National Fire Protection 
Association, is directed to provide to the Committees, no later 
than April 9, 2010, an update to the U.S. Fire Service Needs 
Assessment. The update shall be consistent with the last 
assessment completed in February 2006 in its scope and 
methodology.

             Office of National Capital Region Coordination

      The conference agreement provides $6,995,000 for the 
Office of National Capital Region Coordination as proposed by 
both the House and the Senate. The conference report includes a 
provision requiring the inclusion of the Governors of the State 
of West Virginia and the Commonwealth of Pennsylvania in the 
National Capital Region decision-making and planning process 
for mass evacuation. The Department is directed to include 
officials from the counties and municipalities that contain the 
evacuation routes and their tributaries into the planning 
process.

                          Special Populations

      The conferees direct FEMA to consider utilizing the 
National Virtual Translation Center (NVTC) to enhance its 
translation services. FEMA is to report to the Committees, as 
specified in the House report, on possible uses of NVTC.

                        State and Local Programs

                     (Including Transfer of Funds)

      The conference agreement provides $3,015,200,000 for 
State and Local Programs, instead of $2,836,000,000 as proposed 
by the House and $3,067,200,000 as proposed by the Senate. 
Funding is allocated as follows:

State Homeland Security Grant Program...................    $950,000,000
Urban Area Security Initiative..........................     887,000,000
Regional Catastrophic Preparedness Grants...............      35,000,000
Metropolitan Medical Response System....................      41,000,000
Citizen Corps Program...................................      13,000,000
Public Transportation Security Assistance and Railroad 
    Security Assistance.................................     300,000,000
Port Security Grants....................................     300,000,000
Over-the-Road Bus Security Assistance...................      12,000,000
Buffer Zone Protection Program Grants...................      50,000,000
Driver's License Security Grant Program.................      50,000,000
Interoperable Emergency Communications Grant Program....      50,000,000
Emergency Operations Centers............................      60,000,000
National Programs:
    National Domestic Preparedness Consortium...........     164,500,000
    Center for Counterterrorism and Cybercrime..........       1,700,000
    National Exercise Program...........................      40,000,000
    Technical Assistance................................      13,000,000
    Continuing Training Grants..........................      29,000,000
    Evaluations and Assessments.........................      16,000,000
    Rural Domestic Preparedness Consortium..............       3,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, National Programs.......................     267,200,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total, State and Local Programs.................  $3,015,200,000

      The conference agreement includes the following 
provisions: directing the transfer of four percent of State and 
Local Programs funding to the FEMA Management and 
Administration account, and requiring the submission of an 
expenditure plan within 60 days of the date of enactment of 
this Act on the use of those administrative funds; designating 
certain timeframes for grant processing; requiring grantees to 
provide reports as determined necessary by the Secretary; and 
providing that the installation of communications towers is not 
considered construction of a building or other physical 
facility under the State Homeland Security Grant Program 
(SHSGP) and the Urban Area Security Initiative (UASI).
      The conferees include a general provision requiring FEMA 
to brief the Committees five days prior to any announcement of 
State and Local Programs grants awards. Such briefings shall 
include detailed information on the risk analysis employed, the 
process for determining effectiveness, the process or formula 
used for selecting grantees, and any changes to methodologies 
used in the previous fiscal year. In lieu of the Senate 
reporting requirement on grant guidance, the conferees require 
that information on funding that will be used for planning and 
recovery, especially for transit security and port security, be 
included in these briefings.
      The conferees support the consideration of the needs for 
mass evacuation planning and pre-positioning of equipment for 
areas potentially impacted by mass evacuations in allocating 
first responder funds.
      The conferees encourage the Department to work with State 
and local governments and all grantees to develop pre-event 
recovery plans in conjunction with their response and 
mitigation plans. FEMA is further encouraged to require State 
and local governments to include tribal governments, rural 
water associations, and chief information officers in planning 
efforts.

                 State Homeland Security Grant Program

      The conference agreement provides $950,000,000 for the 
State Homeland Security Grant Program, as proposed by both the 
House and the Senate. Of the total amount $60,000,000 is for 
Operation Stonegarden as proposed by both the House and the 
Senate. The Department shall implement the program as discussed 
in the House report. Further, the Department is encouraged to 
give consideration to applications that are coordinated across 
multiple jurisdictions.
      The conferees encourage the Department to clarify that 
the Western Hemisphere Travel Initiative (WHTI) implementation 
activities, including issuance of WHTI-compliant tribal 
identification cards, are eligible under this grant program.

                     Urban Area Security Initiative

      The conference agreement provides $887,000,000 for UASI 
grants, as proposed by the Senate instead of $890,000,000 as 
proposed by the House. Within this funding, $19,000,000 is 
provided for grants to non-profit organizations determined by 
the Secretary to be at high risk of terrorist attack.

                      Compliance With the 9/11 Act

      The conferees expect FEMA to comply with provisions of 
the 9/11 Act, including policies regarding paying salaries for 
intelligence analysts, as well as for distribution of UASI 
grants on the basis of risk.

              Law Enforcement Terrorism Prevention Program

      In accordance with section 2006 of the Homeland Security 
Act of 2002, the Law Enforcement Terrorism Prevention Program 
(LETPP) is funded thorough a required set-aside of 25 percent 
of the SHSGP and UASI programs. The conferees direct FEMA to 
provide clear guidance to States and urban areas to ensure the 
intent of the LETPP is fully realized and the program is fully 
maximized.

            Regional Catastrophic Preparedness Grant Program

      The conference agreement includes $35,000,000 for the 
Regional Catastrophic Preparedness Grant Program as proposed by 
the Senate. The House did not propose funding for this program. 
As plans are completed, FEMA is directed to move forward with 
the program as outlined in the Senate report.

                  Metropolitan Medical Response System

      The conference agreement includes $41,000,000 for the 
Metropolitan Medical Response System (MMRS) instead of 
$44,000,000 as proposed by the House and $40,000,000 as 
proposed by the Senate. The conferees direct FEMA to work with 
OHA to develop guidelines for MMRS. The conferees do not accept 
the Administration's proposal to replace the MMRS program with 
a medical surge grant program and advise FEMA to work with the 
Assistant Secretary for Preparedness and Response within the 
U.S. Department of Health and Human Services to develop medical 
surge guidelines for communities.

                         Citizen Corps Program

      The conference agreement provides $13,000,000 for the 
Citizens Corps Program, instead of $15,000,000 as proposed by 
both the House and the Senate.

    Public Transportation Security Assistance and Railroad Security 
                               Assistance

      The conference agreement provides $300,000,000 for Public 
Transportation Security Assistance and Railroad Security 
Assistance instead of $250,000,000 as proposed by the House and 
$356,000,000 as proposed by the Senate, which also included 
Over-the-Road Bus Security Assistance. The conferees continue 
the requirement that grants be made directly to transit 
agencies. The conferees note that States serve an integral role 
in coordinating regional interests in regard to transit 
security and therefore direct FEMA to allow transit agencies to 
permit States to act as sub-grantees to better facilitate 
regional planning and programs.
      Based on the latest estimates from FEMA, about 90 percent 
of funds appropriated in fiscal year 2006 for rail and transit 
have not been expended. The conferees expect FEMA and TSA to 
report, by December 15, 2009, on their progress in working with 
transit agencies to expend grant funds for fiscal years 2006, 
2007, and 2008.

                          Port Security Grants

      The conference agreement provides $300,000,000 for Port 
Security grants, instead of $250,000,000 as proposed by the 
House and $350,000,000 as proposed by the Senate. The conferees 
agree to waive the cost share requirement, as proposed by the 
House, in this fiscal year only due to the current economic 
conditions. The conferees recognize the Secretary of Homeland 
Security has the authority to waive the cost share requirement 
for this program in cases of economic hardship. After this 
fiscal year, the cost share requirement is not expected to be 
waived, except at the discretion of the Secretary.

                 Over-the-Road Bus Security Assistance

      The conference agreement provides $12,000,000 for Over-
the-Road Bus Security Assistance as proposed by the House. The 
Senate provided no less than $6,000,000 for these activities 
within Public Transportation Security Assistance and Railroad 
Security Assistance grants.

                     Buffer Zone Protection Program

      The conference agreement provides $50,000,000 for Buffer 
Zone Protection Program grants as proposed by both the House 
and the Senate. The conferees acknowledge that this program 
should be focused on mitigating vulnerabilities to critical 
infrastructure, instead of providing funding to localities for 
security costs. The conferees direct FEMA and NPPD to brief the 
Committees 15 days after the date of enactment of this Act on 
an expenditure plan that clarifies the methodology by which the 
program will focus on reducing certain specific 
vulnerabilities.

                Driver's License Security Grant Program

      The conference agreement provides $50,000,000 for the 
Driver's License Security Grant Program as proposed by the 
Senate. The House proposed the same amount for similar 
activities under ``REAL ID Grants''.

             Interoperable Emergency Communications Grants

      The conference agreement provides $50,000,000 for 
Interoperable Emergency Communications Grants as proposed by 
both the House and Senate. The conferees expect that grantees 
must certify to FEMA that the necessary investments are being 
made for an effective interoperable communications planning 
process to ensure plans are kept up-to-date and federal funds 
are not wasted. Once it is determined that the planning process 
is properly resourced and implemented, grantees should be given 
the flexibility to purchase interoperable communications 
equipment. The conferees expect that before grant dollars are 
obligated by grantees for equipment, jurisdictions must certify 
to FEMA that the funds are being spent in accordance with their 
plans.

                      Emergency Operations Centers

      The conference agreement provides $60,000,000 for 
Emergency Operations Centers instead of $40,000,000 as proposed 
by the House and $20,000,000 as proposed by the Senate. The 
funding shall be allocated for projects as specified in the 
conference report, and the remaining funding shall be 
competitively awarded.

                   Trucking Industry Security Grants

      The conference agreement includes a rescission of 
$5,572,000 from unobligated balances in fiscal year 2009. The 
conferees note that funds appropriated in fiscal year 2008 are 
supporting a three-year education and training program.

               National Domestic Preparedness Consortium

      The conference agreement provides $164,500,000 for the 
National Domestic Preparedness Consortium as proposed by the 
Senate instead of $132,000,000 as proposed by the House. Of the 
total amount $62,500,000 is for the Center for Domestic 
Preparedness as proposed by the Senate instead of $40,000,000 
as proposed by the House. Included in this amount is funding to 
continue activities at the Noble Training Center. Additionally, 
of the total amount provided, $23,000,000 is for the National 
Energetic Materials Research and Testing Center, New Mexico 
Institute of Mining and Technology; $23,000,000 is for the 
National Center for Biomedical Research and Training, Louisiana 
State University; $23,000,000 is for the National Emergency 
Response and Rescue Training Center, Texas A&M University; 
$23,000,000 is for the National Exercise, Test, and Training 
Center, Nevada Test Site; $5,000,000 is for the National 
Disaster Preparedness Training Center, University of Hawaii, 
Honolulu, Hawaii; $5,000,000 is for surface transportation 
emergency preparedness and response training to be awarded 
under full and open competition.
      The conferees clarify that the National Disaster 
Preparedness Training Center provides natural disaster 
preparedness training, including outreach and response training 
for the public, all hazards training for first responders with 
a particular focus on challenges facing island and rural 
communities, and a certificate and undergraduate degree program 
for homeland security and disaster management.

                Counterterrorism and Cyber Crime Center

      The conference agreement provides $1,700,000 for the 
Counterterrorism and Cyber Crime Center, as proposed by the 
Senate. The House did not provide funding for this program.

                          Technical Assistance

      The conference agreement provides $13,000,000 for 
technical assistance as proposed by both the House and the 
Senate. The conferees encourage FEMA to continue to provide 
training to first responders through the Domestic Preparedness 
Equipment Technical Assistance Program.

                       Continuing Training Grants

      The conference agreement provides $29,000,000 for 
continuing training grants instead of $31,000,000 as proposed 
by the House and $27,000,000 as proposed by the Senate. The 
amount provided includes full funding for the homeland security 
graduate and executive level education programs currently 
supported by the Department. The Department is encouraged to 
leverage these important programs where appropriate to meet a 
growing need and also notes the importance of the Mobile 
Education Teams providing homeland security seminars for State 
and local elected officials and senior staff.

                      Evaluations and Assessments

      The conference agreement includes $16,000,000 for 
evaluations and assessments as proposed by the House instead of 
$18,000,000 as proposed by the Senate. FEMA is directed to 
continue the quarterly briefings by NPD regarding ongoing 
activities. Briefings shall include the results of the 
evaluations and assessments efforts. Therefore, FEMA is not 
directed to provide a separate briefing to the Committees every 
six months on the results from the completed national programs 
evaluations, as directed by the House. FEMA is directed to 
conduct the first quarterly briefing not later than 30 days 
after the date of enactment of this Act. The initial briefing 
shall provide a timeframe and approach to complete the 
development of tools to measure the achievement and 
effectiveness of grant programs. In addition, GAO shall 
continue to review such tools and report its findings to the 
Committees on a quarterly basis. Finally, the conferees note 
that measuring the grant programs is just one element of a 
larger effort to streamline FEMA's evaluations programs. 
Therefore, each quarterly briefing shall also include detailed 
information on the progress of this effort, including 
milestones and a process for disseminating usable and 
actionable information. GAO shall also review this effort and 
report its findings to the Committees on a quarterly basis.

                 Rural Domestic Preparedness Consortium

      The conference agreement includes $3,000,000 for the 
Rural Domestic Preparedness Consortium as proposed by the 
House. The Senate did not propose funding for this program. 
Funds will be used to provide and deliver training to rural 
first responders consistent with the National Preparedness 
Goal.

                     Firefighter Assistance Grants

      The conference agreement provides $810,000,000 for 
Firefighter Assistance Grants including $390,000,000 for 
firefighter assistance grants and $420,000,000 for firefighter 
staffing grants as proposed by both the House and Senate. FEMA 
is directed to continue the present practice of funding 
applications according to local priorities and those 
established by the United States Fire Administration, to 
maintain an all-hazards focus, and to grant funds for eligible 
activities in accordance with the authorizing statute. FEMA is 
required to continue the current grant application and review 
process as specified in the House report.

                Emergency Management Performance Grants

      The conference agreement provides $340,000,000 for 
Emergency Management Performance Grants instead of $330,000,000 
proposed by the House and $350,000,000 as proposed by the 
Senate.

              Radiological Emergency Preparedness Program

      The bill provides for the receipt and expenditure of fees 
collected, as authorized by Public Law 105-276.

                   United States Fire Administration

      The conference agreement provides $45,588,000 for the 
United States Fire Administration (USFA) as proposed by both 
the House and the Senate. The conferees direct USFA to work 
with the U.S. Departments of Agriculture and Interior to ensure 
compatible data on wildfires is available. USFA is also 
directed to provide a briefing within 30 days of the date of 
enactment of this Act on the status of implementing the upgrade 
to the National Fire Information Reporting System, including 
future milestones for measuring progress.

                            Disaster Relief

                     (Including Transfers of Funds)

      The conference agreement provides $1,600,000,000, for the 
Disaster Relief fund (DRF) instead of $2,000,000,000 as 
proposed by the House and $1,456,866,000 as proposed by the 
Senate. The conference agreement includes a transfer of 
$16,000,000 to the Office of the Inspector General and 
$105,600,000 to FEMA Management and Administration. The 
conference agreement continues the requirement to provide the 
Committees with an expenditure plan detailing the uses of these 
funds prior to transfer.
      In an effort to improve the accuracy of budget forecasts, 
the President's budget includes an allowance for the estimated 
costs of natural or manmade disasters. The conferees commend 
the Administration for this effort but are disappointed that 
the President has not followed through by requesting 
appropriate funding for the known costs of existing disasters. 
According to DHS and FEMA, the DRF is expected to be exhausted 
in March of 2010. According to the most current FEMA estimates 
that were only recently provided to the Committees, it is 
anticipated that another $3.8 billion will be required to cover 
disaster costs through September 30, 2010, for past disasters 
such as Hurricanes Katrina, Gustav, Ike, the Midwest floods, 
and for the anticipated costs of an average disaster season. 
Without a proposal from the Administration to address this 
impending shortfall, the conferees believe it is premature to 
appropriate additional funds at this time. As noted in the 
House report, the conferees expect the DRF to be properly 
monitored and for the submittal of timely budget requests that 
are adequate to sustain disaster response and recovery costs. 
Accordingly, the conferees encourage the President to request 
funding for any DRF shortfall as soon as possible.
      The conference report continues the requirement for a 
monthly report detailing allocations, obligations, and 
undistributed amounts related to all disasters, including 
Hurricanes Katrina, Rita, and Wilma. The report shall maintain 
the same level of data as currently presented to the 
Committees. Additionally, this report should, when applicable, 
list funds transferred to USAID for international disasters, 
including the location of the disaster.
      FEMA is directed to maintain the Florida long-term 
recovery office as long as there is sufficient work to be done 
following the 2004 and 2005 hurricanes that struck the State. 
FEMA is directed to notify the Committees 60 days prior to 
closing the office.

                      Evaluating FEMA's Readiness

      The House report directs GAO to conduct exercises to 
evaluate how well FEMA provides disaster assistance to 
survivors. The conference agreement modifies the House 
directive to require GAO to brief the Committees no later than 
45 days after the date of enactment of this Act with a scope of 
work describing how GAO would carry out unannounced evaluations 
of FEMA's disaster assistance without adversely impacting those 
affected by a disaster.

             Remaining Challenges in Post Disaster Housing

      In fiscal year 2009, the Committees required the Office 
of the Federal Coordinator for Gulf Coast Rebuilding to report 
on recommendations for ensuring sufficient stock of affordable 
rental housing to meet the needs of all those displaced. The 
conferees believe the Office's recommendations should be 
studied and incorporated by federal, State, and local 
governments to deal with future disasters.
      The conferees are pleased to note that FEMA and the 
Department of Housing and Urban Development (HUD) have 
recognized that there must be some interplay between the 
agencies after a disaster. The two agencies are working in 
tandem to operate the Disaster Housing Assistance Program 
(DHAP) in Louisiana, Mississippi, and Texas following 
Hurricanes Katrina, Rita, and Ike. The conferees expect FEMA to 
use DHAP as a model as it develops its agreements with HUD. The 
conferees expect that FEMA will continue to support disaster 
costs under an agreement between HUD and FEMA, as it does for 
DHAP in the Gulf Coast.
      The conferees direct FEMA to formalize an agreement with 
HUD outlining the roles and responsibilities of both agencies 
following a disaster and clearly delineating when and how HUD 
should take the lead role in the federal housing response. Upon 
completion of the agreement, FEMA is directed to report to the 
appropriate Congressional committees on the resources and any 
legislative authority needed to implement the agreement.
      The conferees remain concerned by continued reports that 
FEMA trailers purchased to house disaster victims have high 
levels of formaldehyde emissions, possibly leading to adverse 
health effects. The conferees understand FEMA is pursuing 
alternative housing solutions and demonstration projects and 
encourage FEMA to consider multiple technologies and building 
solutions during this phase.

                         Children and Disasters

      FEMA is directed to expedite its discussions with Ottawa 
School in Illinois and to come to resolution on its elementary 
school project. FEMA and the affected community should address 
the continued flooding of this school and area. FEMA and the 
community should consider taking the mitigation action of 
moving the school from the floodplain. FEMA shall act with due 
haste and report to the Committees when the final project is 
approved.
      Further, the conferees direct FEMA to establish planning 
guidance to ensure child safety and protection in the event of 
a disaster.

            Disaster Assistance Direct Loan Program Account

      The conference agreement provides $295,000 for the cost 
of loans as proposed by both the House and the Senate. 
Administrative costs are provided for in the FEMA ``Management 
and Administration'' account.

                      Flood Map Modernization Fund

      The conference agreement provides $220,000,000 for the 
Flood Map Modernization program as proposed by both the House 
and Senate. In fiscal year 2010, FEMA will continue to focus 
these funds on reviewing, updating, and maintaining maps to 
accurately reflect flood hazards. The goal shall be to review 
and, where necessary, to update and maintain data, 
methodologies, models, and maps that have been modernized, and 
to issue map updates no later than five years past the 
modernized dates of the maps. To support this goal, FEMA is 
directed to provide no less than 20 percent of the funds 
provided under this heading for map updates and maintenance 
conducted by Cooperating Technical Partners that provide a 25 
percent cash match and have a strong record of working 
effectively with FEMA on flood plain mapping activities. With 
the fiscal year 2011 budget request, FEMA shall submit to the 
Committees a status report on the progress made towards the 
five-year Risk Mapping, Assessment, and Planning strategy.
      When allocating map modernization funds, FEMA is 
encouraged to prioritize as criteria the number of stream and 
coastal miles within the State, the Mississippi River Delta 
region, and the participation of the State in leveraging non-
federal contributions.
      FEMA is directed to develop a National Digital Elevation 
Acquisition and Utilization plan for the purposes of supporting 
flood plain map updates. FEMA shall collaborate with the United 
States Geological Survey, the National Oceanic and Atmospheric 
Administration, the National Aeronautics and Space 
Administration, and States that have experience in acquiring 
and incorporating high resolution elevation data in the flood 
plain map updates. FEMA shall submit this plan to the 
Committees within six months after the date of enactment of 
this Act.

                     National Flood Insurance Fund

      The conference agreement provides the agency re-estimated 
request of $38,680,000 for salaries and expenses as opposed to 
$52,149,000 as proposed by both the House and Senate. The 
conference agreement further provides $107,320,000 for flood 
plain mapping and management as proposed by both the House and 
Senate.
      The conferees do not include authority allowing the FEMA 
Administrator to transfer funds from flood mapping and flood 
plain management for salaries and expenses. Instead, FEMA is 
required to provide the Committees with a reprogramming 
proposal, in accordance with section 503 of this Act, if a 
problem arises in meeting mission requirements. The conferees 
encourage FEMA to consider population growth when determining 
grant awards to the States under the Community Assistance 
Program.

                  National Predisaster Mitigation Fund

      The conference agreement provides $100,000,000 for the 
National Predisaster Mitigation Fund (PDM), as proposed by the 
House instead of $120,000,000 as proposed by the Senate. As 
part of the budget, the Administration proposes to drastically 
change the distribution methodology used for awarding PDM 
grants. However, the Administration was unable to adequately 
articulate the ramifications or benefits of their new approach. 
Considering that pending legislation is vastly different from 
the Administration's new approach, the conferees do not approve 
the proposed change. Instead, the conferees direct FEMA to 
continue this program as it operated during fiscal year 2009. 
The conference agreement continues a provision contained in the 
Department of Homeland Security Appropriation Act, 2009, which 
extends the authorization of the PDM grant program for one year 
to continue the current program.
      The conference agreement includes funding for predisaster 
mitigation projects in the following amounts, and the remaining 
funding shall be competitively awarded:

Predisaster mitigation projects:                                  Amount
Alabama Emergency Management Agency, AL.......................  $200,000
Arkansas Department of Emergency Management, AR...............   750,000
Arkansas State University-Beebe, AR...........................   452,000
Brigham City Corporation, UT..................................   250,000
CHRISTUS St. Elizabeth Hospital, Beaumont, TX.................   250,000
City of Brooksville, KY.......................................    18,500
City of Burbank, CA...........................................   225,000
City of Camanche, IA..........................................   187,500
City of Coconut Creek, FL.....................................   500,000
City of Colton, CA............................................   200,000
City of Davis, CA.............................................   275,000
City of Emeryville, CA........................................   600,000
City of Flagler Beach, FL.....................................   750,000
City of Hartselle, AL.........................................   245,000
City of Hidalgo, TX...........................................   500,000
City of Hokah, MN.............................................   590,000
City of Kannapolis, NC........................................   425,000
City of Los Angeles, CA....................................... 1,000,000
City of Los Angeles, CA.......................................   500,000
City of Maryville, MO.........................................   175,000
City of Miami Beach, FL.......................................   750,000
City of Miami, FL.............................................   600,000
City of New Braunfels, TX.....................................   500,000
City of Prattville, AL........................................   500,000
City of Reno, NV..............................................   500,000
City of Robstown, TX..........................................   500,000
City of Rockville, MD.........................................   650,000
City of Santa Clarita, CA.....................................   500,000
City of Trenton, NJ...........................................   300,000
City of Venice, FL............................................   200,000
DeKalb County, IL.............................................   350,000
Drew County, AR...............................................   366,564
Harris County Flood Control District, TX...................... 1,000,000
Henry County, GA..............................................   275,000
Jackson Health System, Miami, FL..............................   500,000
Kentucky Emergency Management, KY.............................   500,000
King County, WA...............................................   750,000
Lake County Stormwater Management Agency, OH..................   725,000
Lorain County, OH.............................................   200,000
Louisville-Metro Government, KY...............................   500,000
Lucas County Engineer, OH.....................................   500,000
McDowell Hospital, Marion, NC.................................   220,000
Mississippi Homeland Security Office, MS......................   500,000
North Carolina Office of Emergency Management, NC.............   165,000
Ohio University, Athens, OH...................................   200,000
Orange County Fire Authority, CA..............................   252,000
Russell County Fiscal Court, KY...............................   200,000
San Miguel County, NM.........................................   400,000
Shelby County, Memphis, TN....................................   325,000
State of Maryland, MD......................................... 1,000,000
Town of Hambleton and Town of Davis, WV.......................   450,000
Town of Occoquan, VA..........................................    25,000
Town of Shelter Island, NY....................................   200,000
Town of Union and City of Binghamton, NY......................   462,000
Town of Winthrop, MA..........................................   500,000
Village of La Grange Park, IL.................................   150,000
Village of Pelham, NY.........................................   562,500
Westport Fire Department, CT..................................   265,000

                       Emergency Food and Shelter

      The conference agreement provides $200,000,000 for the 
Emergency Food and Shelter program as proposed by the House 
instead of $175,000,000 as proposed by the Senate. The funding 
will assist those most immediately in need of food and shelter 
assistance.

       TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

      The conference agreement provides $224,000,000 in 
discretionary appropriations for United States Citizenship and 
Immigration Services (USCIS) instead of $298,000,000 as 
proposed by the House and $135,700,000 as proposed by the 
Senate.

                        User Fee Funded Programs

      The current estimate for fiscal year 2010 of USCIS fee 
collections, which constitute a majority of the agency's 
resources, is $2,503,232,000. These fee revenues support 
adjudication of applications for immigration benefits and fraud 
prevention activities and are derived from fees collected from 
persons applying for immigration benefits. The conferees 
understand that fee receipts have decreased significantly in 
fiscal year 2009 largely due to prevailing economic conditions, 
and are also likely to be below projections for fiscal year 
2010. Since it is unclear how the expenditure estimates will 
change to align USCIS costs with anticipated revenues, the 
conferees cannot accurately modify the budget presentation of 
fee-funded expenditures. Instead, the conferees direct USCIS to 
submit, within 30 days after the date of enactment of this Act, 
an operating plan for fiscal year 2010 accompanied by a 
reprogramming notification, if necessary, that details how and 
at what levels USCIS will fund its operations in fiscal year 
2010 based on revised fee collection estimates.
      Within the total fees collected, the conferees direct 
USCIS to provide no less than $51,755,000 to support National 
Customer Service Center operations and to dedicate the entirety 
of premium processing revenue to business system and 
information technology transformation. USCIS is also directed 
to provide no less than $29,000,000 to convert immigration 
records to digital format, as requested for fiscal year 2010. 
No more than $10,000 of the fees collected shall be used for 
official reception and representation expenses.

                 Basic Pilot Program (E-Verify Program)

      The conference agreement provides $137,000,000 for the 
basic pilot program (E-Verify Program) instead of $162,000,000 
as proposed by the House and $118,500,000 as proposed by the 
Senate. Of this amount, $30,000,000 is available until 
September 30, 2011, for continued improvement of the E-Verify 
system, including an identity assurance tool, additional 
capacity to investigate fraudulent use of the system, and 
development of a ``self-check'' tool to allow authorized 
workers to validate the accuracy of their records on file with 
federal government agencies. The conferees make all 
appropriations for compliance investments available for fiscal 
year 2010 only to reflect the emphasis the conferees expect 
USCIS to place on E-Verify improvements that strengthen 
compliance with system operating requirements.

          GAO Analysis of Basic Pilot Program/E-Verify Program

      The conferees direct GAO to conduct two studies of the 
basic pilot program (E-Verify Program): one of the tentative 
non-confirmation rates for the basic pilot program (E-Verify 
Program) and the other of the effects of the basic pilot 
program (E-Verify Program) on small entities, as defined by 5 
U.S.C. 601. The House had proposed a general provision (section 
545) requiring these studies and GAO is directed to follow the 
direction in the House bill when designing them. The Senate had 
proposed no similar provision.

               Refugee and Asylum Application Processing

      The fiscal year 2010 budget proposes $201,000,000 in 
direct appropriations, rather than a surcharge on application 
fees, to pay for the cost of processing refugee applications 
and asylum claims. The conference agreement provides 
$50,000,000 for these costs instead of $100,000,000 as proposed 
by the House. The Senate proposed no funding. This level 
reflects an estimated three months of appropriations funded 
asylum and refugee application processing costs. Since the 
Administration has not published a Federal Register notice 
explaining how or when the existing $40 immigration application 
surcharge for funding refugee and asylum applications will be 
discontinued, the conference report includes statutory language 
withholding appropriated funds from obligation until regulatory 
revisions are implemented.

                        Military Naturalizations

      The conference agreement provides $5,000,000 for the 
processing of military naturalization applications as proposed 
by the Senate. The House proposed no funding. The conferees 
strongly encourage the Office of Management and Budget to 
include appropriated funding for this activity within the 
fiscal year 2011 budget request for the Department of Defense 
in accordance with the National Defense Authorization Act of 
Fiscal Year 2004 (Public Law 108-136).

                                REAL ID

      The budget requests $25,000,000 to complete development 
of a data sharing hub to support implementation of the REAL ID 
Act. The conferees, however, note that the $50,000,000 
appropriated for this purpose for fiscal year 2009 has yet to 
be awarded to the State consortium leading the project. DHS has 
proposed significant revisions to the underlying REAL ID 
authorization, raising the potential for planning delays in the 
eventual technological solution that is determined necessary to 
connect States' vital records systems. As a result, the 
conference agreement includes $10,000,000 for REAL ID data 
sharing hub development, to be used only for system engineering 
and acquisition costs and not for ``incentive'' or other 
subsidy payments to project participants, instead of 
$25,000,000 as proposed by the House. The Senate proposed no 
funding for the REAL ID hub. As noted in the Senate report, the 
conferees expect DHS to submit its plan for hub development to 
the Committees in fiscal year 2010.

                        Immigration Integration

      The conference agreement includes $11,000,000 for 
competitively-awarded grants to organizations promoting the 
rights and responsibilities of citizenship as proposed by the 
House instead of $1,200,000 as proposed by the Senate. The 
conference report includes a statutory restriction limiting the 
award of these funds to programs that serve legal permanent 
residents of the United States.

    Changes to Fees Charged to Temporary Protected Status Applicants

      As discussed in the House report, the conference report 
includes a general provision clarifying that USCIS is allowed 
to charge fees for services related to Temporary Protected 
Status applications.

                       Naturalization Ceremonies

      As directed in the House report, USCIS is directed to 
identify, in the fiscal year 2011 budget submission, funds 
allocated to naturalization and oath of allegiance ceremonies 
and to work with local public and private groups to schedule 
naturalization and oath of allegiance ceremonies as part of 
Independence Day celebrations.

                Federal Law Enforcement Training Center

                         Salaries and Expenses

      The conference agreement provides $239,356,000 for 
Federal Law Enforcement Training Center (FLETC) Salaries and 
Expenses as proposed by the House instead of $244,356,000 as 
proposed by the Senate. The conferees understand the Department 
has revised its priorities for the data center migration 
initiative and provide no funding within this account. The 
Department is encouraged to use the transfer authority provided 
for data center migration to fund any emergent requirements 
within FLETC as the initiative progresses.

     Acquisitions, Construction, Improvements, and Related Expenses

      The conference agreement provides $43,456,000 for 
Acquisitions, Construction, Improvements, and Related Expenses 
as proposed by both the House and the Senate.

                         Science and Technology

                     Management and Administration

      The conference agreement provides $143,200,000 for 
Management and Administration as proposed by the Senate instead 
of $142,200,000 as proposed by the House. This amount includes 
$10,000 for official reception and representation and 
$1,000,000 for additional Test and Evaluations/Standards 
personnel to support the Acquisition Review Board process. 
Science and Technology (S&T) shall brief the Committees 
quarterly on the test and evaluation status of all level 1 
acquisitions.
      As part of the fiscal year 2011 budget request and in 
each subsequent fiscal year, S&T shall report on the results of 
its research and development efforts in the prior year (fiscal 
year 2009), including all technologies, technology 
improvements, or capabilities delivered to front line users, 
and the role the Integrated Product Teams played in the 
development. In addition, based on the Directorate's ongoing 
validation and verification reviews, S&T shall also submit with 
its fiscal year 2011 budget request and each subsequent fiscal 
year a report on the amounts deobligated from projects in the 
prior fiscal year (fiscal year 2009) and what projects those 
funds were subsequently obligated to.
      S&T shall notify the Committees pursuant to section 503 
of this Act if it assesses any program for administrative costs 
exceeding five percent of the total program appropriation.
      As discussed in the Senate report, S&T shall report 
within 30 days after the date of enactment of this Act on its 
plans and timelines for full implementation of the National 
Academy of Public Administration study recommendations related 
to strategic planning.

           Research, Development, Acquisition, and Operations

      The conference agreement provides $863,271,000 for 
Research, Development, Acquisition, and Operations instead of 
$825,356,000 as proposed by the House and $851,729,000 as 
proposed by the Senate. Funds are available for three years, 
except Laboratory Facilities funding, which is available for 
five years. The following table specifies funding by budget 
activity:

Border and Maritime Security............................     $44,181,000
Chemical and Biological.................................     206,800,000
Command, Control, and Interoperability..................      81,764,000
Explosives..............................................     120,809,000
Human Factors...........................................      16,087,000
Infrastructure and Geophysical..........................      74,958,000
Innovation..............................................      44,000,000
Laboratory Facilities...................................     150,188,000
Test and Evaluations/Standards..........................      29,000,000
Transition..............................................      46,134,000
University Programs.....................................      49,350,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total...........................................    $863,271,000

                      Border and Maritime Security

      The conference agreement provides $44,181,000 for Border 
and Maritime Security instead of $40,181,000 as proposed by the 
House and Senate. Included in this funding is $3,000,000 for 
urban tunnel detection basic research, as requested. In 
addition, the conferees fully fund the current maritime 
technology test beds and provide $4,000,000 for a pilot to 
develop a replicable port security system that would improve 
maritime domain awareness.
      The conferees are disappointed in the slow progress DHS 
has made in developing a viable container security device, as 
discussed in the House report. S&T shall continue its quarterly 
updates to the Committees on its efforts in this area.

                        Chemical and Biological

      The conference agreement provides $206,800,000 for 
Chemical and Biological as proposed by the Senate instead of 
$221,900,000 as proposed by the House. While the conferees fund 
the BioWatch program under the Office of Health Affairs as 
proposed by the Senate, S&T is expected to be intricately 
involved in the test and evaluation of the BioWatch Generation 
3 systems.
      While the conferees support the transfer of BioShield to 
the U.S. Department of Health and Human Services, DHS shall 
continue to perform the threat assessments of hazardous 
materials.
      As discussed in the House report, S&T is directed to 
brief the Committees before January 15, 2010, on the 
development and implementation of a Department-wide biosurety 
policy.

                 Command, Control, and Interoperability

      The conference agreement provides $81,764,000 for 
Command, Control, and Interoperability instead of $80,764,000 
as proposed by the House and $83,264,000 as proposed by the 
Senate. Within this total, $3,000,000 is to continue the web 
distributed environment for critical infrastructure decision 
making exercises and $500,000 is for a demonstration project to 
develop situational awareness and decision support capabilities 
through remote sensing technologies.

                               Explosives

      The conference agreement provides $120,809,000 for 
Explosives research and technologies as proposed by the House 
and Senate. Included in this amount is $10,000,000 to develop 
air cargo screening technologies, as requested. In light of the 
large increase in funding under this program, S&T is encouraged 
to accelerate its efforts to achieve results in the near term 
and to brief the Committees by January 15, 2010, on the status 
of new explosives research and technologies, the progress it 
has made in identifying research and development gaps aimed at 
countering improvised explosive device threats, and how these 
funds will close such gaps.

                             Human Factors

      The conference agreement provides $16,087,000 for Human 
Factors instead of $16,887,000 as proposed by the House and 
$12,460,000 as proposed by the Senate. Within this total, 
$3,800,000 is for the biometrics program.

                     Infrastructure and Geophysical

      The conference agreement provides $74,958,000 for 
Infrastructure and Geophysical instead of $52,093,000 as 
proposed by the House and $67,607,000 as proposed by the 
Senate. Within the funding provided, not less than $20,865,000 
is to continue the Southeast Region Research Initiative at the 
Oak Ridge National Laboratory; not less than $10,000,000 is for 
the National Institute for Hometown Security to support 
existing support in community-based critical infrastructure 
protection; and not less than $2,000,000 is for the Cincinnati 
Urban Area partnership established through the Regional 
Technology Integration Initiative.

                               Innovation

      The conference agreement provides $44,000,000 for 
Innovation as proposed by the House and Senate, including 
adequate funding for a variety of new technologies pertaining 
to tunnels, levee strengthening, storm surge mitigation, and 
resilient electric grid as requested and discussed in the 
Senate report.

                            New Technologies

      New technologies may significantly help the Department as 
it seeks to secure our homeland. The Department is encouraged 
to develop a variety of technologies as discussed in both the 
House and Senate reports.

                         Laboratory Facilities

      The conference agreement provides $150,188,000 for 
Laboratory Facilities instead of $123,188,000 as proposed by 
the House and $154,500,000 as proposed by the Senate. Within 
the total, $12,000,000 is provided for the final year of 
construction obligations at the Physical Science Facility and 
refurbishment of building 325 at the Pacific Northwest National 
Laboratory in support of the memorandum of understanding 
between DHS, the U.S. Department of Energy, and the National 
Nuclear Security Administration.
      Within this total, $32,000,000 is for the National Bio- 
and Agro-defense Facility (NBAF) instead of $36,312,000 as 
proposed by the Senate and no funding as proposed by the House. 
Due to concerns raised by GAO about DHS's original assessment 
of the risk related to foot-and-mouth disease research on the 
U.S. mainland, a general provision is included prohibiting the 
obligation of these funds for NBAF construction until the 
Secretary undertakes a bio-safety and bio-security mitigation 
risk assessment using plume and epidemiologic impact modeling 
to determine the requirements for the safe operation of NBAF in 
Manhattan, Kansas. Once DHS completes the risk assessment, the 
National Academy of Sciences (NAS) shall provide an independent 
evaluation of the DHS study within four months to ensure that 
risk has been adequately identified and mitigated in planning 
for NBAF. Up to $2,000,000 of the amount provided may be used 
for the NAS evaluation.
      In addition, the conferees continue bill language, 
proposed by the Senate, that requires the Secretary of Homeland 
Security, in coordination with the Secretary of Agriculture, to 
report to the Committees on the procedures used to issue a 
permit for foot-and-mouth disease live virus research and an 
emergency response plan in the event of an accidental release 
of a hazardous pathogen originating from NBAF.

                     Test and Evaluations/Standards

      The conference agreement provides $29,000,000 for Test 
and Evaluations/Standards, as proposed by the House instead of 
$28,674,000 as proposed by the Senate. Within the total 
provided is $5,000,000 to continue a first responder technology 
evaluation program.

                               Transition

      The conference agreement provides $46,134,000 for 
Transition as proposed by the House instead of $45,134,000 as 
proposed by the Senate. Within the funds provided, $10,000,000 
is provided for first responder technologies as requested; 
$2,000,000 is for the Naval Postgraduate School to design, 
develop and field test first responder technologies outside of 
the integrated product team process as requested; and 
$1,000,000 is to continue a manufacturing pilot program to 
identify and transition advanced technologies and manufacturing 
processes in the homeland security industrial base. S&T shall 
provide an expenditure plan for the first responder technology 
program within 60 days after the date of enactment of this Act.

                          University Programs

      The conference agreement provides $49,350,000 for 
University Programs instead of $50,400,000 as proposed by the 
House and $48,300,000 as proposed by the Senate. Within this 
funding, $39,380,000 is for the Centers of Excellence and 
$3,870,000 is for minority serving institutions. S&T is 
directed to brief the Committees on how these funds will be 
allocated to the Centers of Excellence by January 15, 2010.

                   Domestic Nuclear Detection Office

                     Management and Administration

      The conference agreement provides $38,500,000 for 
Domestic Nuclear Detection Office (DNDO) Management and 
Administration, instead of $39,599,000 as proposed by the House 
and $37,500,000 as proposed by the Senate. The conferees note 
that DNDO has made progress in filling its authorized 130 FTEs, 
but several vacancies remain. The conferees strongly encourage 
DHS to expedite background investigations and other clearance 
processes to fill vacant positions as soon as possible.

                 Research, Development, and Operations

      The conference agreement provides $324,537,000 for 
Research, Development, and Operations instead of $376,537,000 
as proposed by the House and $326,537,000 as proposed by the 
Senate. No funding is provided under this heading for Securing 
the Cities, as proposed by the House, but it is instead 
provided in the Systems Acquisition appropriation. The 
conferees include $108,537,000 for Transformational Research 
and Development, instead of $110,537,000 as proposed by the 
House and Senate, which reflects a five percent increase over 
fiscal year 2009. Funding is made available until September 30, 
2012. The following table specifies funding by budget activity:

Systems Engineering and Architecture....................     $25,448,000
Systems Development.....................................     100,000,000
Transformational Research and Development...............     108,537,000
Assessments.............................................      32,416,000
Operations Support......................................      38,436,000
National Technical Nuclear Forensics Center.............      19,700,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total...........................................    $324,537,000

                           Quarterly Reports

      The conferees believe DNDO must aggressively pursue its 
preventive radiation/nuclear detection mission, and go beyond 
addressing the potential threat posed by the use of cargo 
containers to transport nuclear or radioactive materials or 
weapons. It is critical that DNDO prioritize its efforts based 
on risk, with attention to pathways such as general aviation, 
the maritime domain, U.S. land borders (including rail and in 
areas between ports of entry), and urban areas and critical 
locations in the nation's interior. The conferees direct DNDO 
to continue quarterly briefings to the Committees on progress 
in developing architecture to guide technology research and 
applications; the status of such technologies, including their 
strengths and weaknesses; and timetables to develop and deploy 
them.
      The conferees also direct DNDO to provide quarterly 
briefings to the Committees, as proposed in the House report, 
on development of the Cargo Advanced Automated Radiography 
Systems and Joint Integrated Non-Intrusive Inspection programs; 
red team exercises and assessments, including vulnerabilities 
identified and recommendations for addressing them; the 
progress in the Human Portable Radiation Detection System 
development effort, including operational testing and 
production of new technologies for advanced operations; and 
progress in developing alternatives to existing detection 
materials and systems, in particular progress in finding 
alternatives to neutron detectors based on Helium-3.

         Supporting and Improving Current Detection Technology

      The conference agreement includes $5,000,000 within the 
amounts appropriated for Research, Development, and Operations 
to improve operations and capabilities of currently deployed 
polyvinyl toluene (PVT) radiation portal monitors and handheld 
radiation detectors, and to deploy any improvements to the 
field. The conferees direct DNDO to submit a plan for 
expenditure, development, and deployment for such efforts to 
the Committees not later than 60 days after the date of 
enactment of this Act. The conferees direct DHS to notify the 
Committees if DNDO determines that it cannot obligate this 
funding.

                          Systems Acquisition

      The conference agreement provides $20,000,000 for Systems 
Acquisition instead of $10,000,000 as proposed by the Senate. 
The House proposed no funding. Funding is made available until 
September 30, 2012, for radiological detection systems for the 
Securing the Cities program, to be awarded through full and 
open competition.

        Advanced Spectroscopic Portal Monitors and Certification

      The conference report prohibits full-scale procurement of 
advanced spectroscopic portal (ASP) systems until the Secretary 
has certified and reported to the Committees that a significant 
increase in operational effectiveness merits such a decision, 
with a requirement for separate certification for primary and 
secondary deployments. The Secretary is directed to continue 
consulting with NAS on this matter. Finally, DNDO is prohibited 
from engaging in high-risk concurrent development and 
production of mutually dependent software and hardware 
components of detection systems.
      The conferees expect DHS to ensure certification 
decisions are made with the best possible test information and 
to follow NAS recommendations related to development and 
certification as outlined in the Senate report. Further, the 
conferees believe the NAS recommendations should be implemented 
prior to decisions on certification or procurement of ASPs. If 
for any reason the Department does not follow these 
recommendations, the Department shall provide a briefing to the 
Committees as to why these recommendations were not followed. 
As independent reviews of the ASP programs have been of value 
to the Department, the conferees believe an independent cost-
benefit analysis would also be beneficial.
      If certification does not occur or is further delayed, 
the conferees direct DHS to submit a revised deployment plan, 
to include additional procurement of PVT monitors, if 
requirements remain. As described in the House and Senate 
reports, the conferees encourage DNDO to undertake deployment 
of low rate initial production ASP systems, as appropriate, and 
use data from such deployments to inform future portal monitor 
decisions.

                      TITLE V--GENERAL PROVISIONS

                    (Including Rescissions of Funds)

      Section 501. The conference agreement continues a 
provision proposed by the House and Senate that no part of any 
appropriation shall remain available for obligation beyond the 
current year unless expressly provided.
      Section 502. The conference agreement continues a 
provision proposed by the House and Senate that unexpended 
balances of prior appropriations may be merged with new 
appropriations accounts and used for the same purpose, subject 
to reprogramming guidelines.
      Section 503. The conference agreement continues a 
provision proposed by the Senate that provides authority to 
reprogram appropriations within an account and to transfer up 
to 5 percent between appropriations accounts with 15-day 
advance notification of the Committees. The House proposed a 
similar provision. A detailed funding table identifying 
programs, projects, and activities is included at the end of 
this statement. This table along with funding levels specified 
in the report shall serve as the control level for all 
reprogrammings. These reprogramming guidelines shall be 
complied with by all agencies funded by the Department of 
Homeland Security Appropriations Act, 2010.
      The Department shall submit reprogramming requests on a 
timely basis and provide complete explanations of the 
reallocations proposed, including detailed justifications of 
the increases and offsets, and any specific impact the proposed 
changes will have on the budget request for the following 
fiscal year and future-year appropriations requirements. Each 
request submitted to the Committees should include a detailed 
table showing the proposed revisions at the account, program, 
project, and activity level to the funding and staffing FTE 
levels for the current fiscal year and to the levels requested 
in the President's budget for the following fiscal year.
      The Department shall manage its programs and activities 
within the levels appropriated. The Committees are concerned 
with the number of reprogramming proposals submitted for 
consideration by the Department and remind the Department that 
reprogramming or transfer requests should be submitted only in 
the case of an unforeseeable emergency or situation that could 
not have been predicted when formulating the budget request for 
the current fiscal year. When the Department submits a 
reprogramming or transfer request to the Committees and does 
not receive identical responses from the House and Senate, it 
is the responsibility of the Department to reconcile the House 
and Senate differences before proceeding, and if reconciliation 
is not possible, to consider the reprogramming or transfer 
request unapproved.
      The Department is not to submit a reprogramming or 
transfer of funds after June 30 except in extraordinary 
circumstances, which imminently threaten the safety of human 
life or the protection of property. If a reprogramming or 
transfer is needed after June 30, the notice should contain 
sufficient documentation as to why it meets this statutory 
exception.
      Section 504. The conference agreement continues a 
provision proposed by the House and Senate extending the 
authorization of the Department's Working Capital Fund (WCF) in 
fiscal year 2010. No funds appropriated or otherwise available 
to the Department may be used to make payment to the 
Department's WCF, except for activities and amounts allowed in 
the President's fiscal year 2010 budget. Funds provided to the 
WCF are available until expended. The Department shall only 
charge components for direct usage of the WCF. Fiscal year 2010 
and any carryover funds may be used only for the purposes 
consistent with the contributing component. Any funds paid in 
advance or reimbursed must reflect the full cost of each 
service. The WCF shall be subject to the requirements of 
section 503 of this Act.
      Section 505. The conference agreement continues a 
provision proposed by the House and Senate that not to exceed 
50 percent of unobligated balances remaining at the end of 
fiscal year 2010 from appropriations made for salaries and 
expenses shall remain available through fiscal year 2011 
subject to reprogramming guidelines.
      Section 506. The conference agreement continues a 
provision proposed by the House and Senate deeming that funds 
for intelligence activities are specifically authorized during 
fiscal year 2010 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2010.
      Section 507. The conference agreement continues and 
modifies a provision proposed by the House and Senate requiring 
notification of the Committees three business days before any 
grant allocation, grant award, contract award (including 
Federal Acquisition Regulation-covered contracts), Other 
Transaction Agreement, a task or delivery order on a DHS 
multiple award contract, letter of intent, or public 
announcement of the intention to make such an award totaling in 
excess of $1,000,000. If the Secretary determines that 
compliance would pose substantial risk to health, human life, 
or safety, an award may be made without prior notification but 
the Committees shall be notified within five full business days 
after such award or letter is issued. Additionally, FEMA is 
required to brief the Committees five full business days prior 
to announcing publicly the intention to make an award under 
State and Local Programs.
      Section 508. The conference agreement continues a 
provision proposed by the House and Senate that no agency shall 
purchase, construct, or lease additional facilities for Federal 
law enforcement training without advance approval of the 
Committees.
      Section 509. The conference agreement continues a 
provision proposed by the House and Senate that none of the 
funds may be used for 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. The conferees exclude funds that may be required for 
development of a proposed prospectus.
      Section 510. The conference agreement continues a 
provision proposed by the House that consolidates by reference 
prior year statutory bill language into one provision. The 
Senate proposed a similar provision. These provisions relate to 
reporting requirements of the privacy officer; contracting 
officer's technical representative training; sensitive security 
information; federal building performance and requirements 
outlined in title V of the National Energy Conservation Policy 
Act or subtitle A of title I of the Energy Policy Act of 2005; 
use of funds in conformance with section 303 of the Energy 
Policy Act of 1992; and Executive Order 13149 relating to fleet 
and transportation efficiency.
      Section 511. The conference agreement continues a 
provision proposed by the House and Senate that none of the 
funds may be used in contravention of the Buy American Act.
      Section 512. The conference agreement continues a 
provision proposed by the Senate prohibiting funds to be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448). The House 
proposed no similar provision.
      Section 513. The conference agreement continues a 
provision proposed by the House and Senate regarding 
competitive sourcing.
      Section 514. The conference agreement continues and 
modifies a provision proposed by the House and Senate directing 
TSA to work with air carriers and airports to ensure the 
screening of cargo carried on passenger aircraft, as required 
by the 9/11 Act, increases incrementally each quarter until the 
requirements are met. TSA is required to report air cargo 
inspection statistics detailing how incremental progress is 
being made to the Committees within 45 days after the end of 
each quarter of the fiscal year. Finally, TSA shall submit a 
report on how it plans to meet the 100 percent mandate 
contained in the 9/11 Act.
      Section 515. The conference agreement continues a 
provision proposed by the House and Senate requiring the Chief 
Financial Officer to submit monthly budget execution and 
staffing reports within 45 days after the close of each month.
      Section 516. The conference agreement continues and 
modifies a provision proposed by the Senate directing that any 
funds appropriated or transferred to TSA ``Aviation Security'', 
``Administration'', and ``Transportation Security Support'' in 
fiscal years 2004, 2005, 2006, 2007, and 2008 that are 
recovered or deobligated shall be available only for 
procurement and installation of explosives detection systems, 
air cargo, baggage, and checkpoint screening systems, subject 
to notification. The House proposed a similar provision. 
Quarterly reports must be submitted identifying any funds that 
are recovered or deobligated.
      Section 517. The conference agreement continues a 
provision proposed by the House and Senate requiring any funds 
appropriated to Coast Guard for 110-123 foot patrol boat 
conversions that are recovered, collected, or otherwise 
received as a result of negotiation, mediation, or litigation, 
shall be available until expended for the replacement patrol 
boat program.
      Section 518. The conference agreement continues a 
provision proposed by the House and Senate pertaining to the 
human resource management system.
      Section 519. The conference agreement continues a 
provision proposed by the House and Senate extending undercover 
investigative operations authority of the Secret Service.
      Section 520. The conference agreement continues a 
provision proposed by the House and Senate classifying the 
functions of instructor staff at FLETC as inherently 
governmental for purposes of the Federal Activities Inventory 
Reform Act of 1998.
      Section 521. The conference agreement continues a 
provision proposed by the House and Senate prohibiting the 
obligation of funds appropriated 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 for 
grants or contracts awarded by any means other than full and 
open competition. Certain exceptions apply. This provision does 
not require new competitions of existing contracts during their 
current terms. The conferees also require the IG to review 
Departmental contracts awarded noncompetitively and report on 
the results to the Committees.
      Section 522. The conference agreement continues and 
modifies a provision proposed by the House that prohibits 
funding for any position designated as a Principal Federal 
Official (PFO) during a Stafford Act declared disaster or 
emergency.
      The issue of the role of a PFO during a Federal response 
has a complicated history in recent years, brought to light 
most visibly with confusion during the response to Hurricane 
Katrina. The Post Katrina Emergency Management Reform Act of 
2006 (PKEMRA) addressed various shortcomings highlighted by the 
response to Hurricane Katrina. PKEMRA defines FEMA's 
responsibilities and boosts its autonomy within DHS. In 
addition, the Act outlines an incident management chain of 
command headed by the Administrator of FEMA, defined as the 
principal advisor to the President and Secretary on all matters 
relating to emergency management. However, a dispute regarding 
the role of the PFO continues.
      While the conferees do not believe that Sec. 523 of the 
House bill precludes the Secretary from deploying Department 
level staff to a disaster in a manner that is consistent with 
current law, the conferees recognize that the Secretary has 
asked for some flexibility regarding this provision. Statutory 
language has been modified to allow the Secretary to waive the 
prohibition on the use of funds for a PFO or successor position 
under a Stafford Act declaration. After exercising this waiver, 
the Secretary must report to the Committees on Appropriations, 
as well as the House Transportation and Infrastructure 
Committee, and the Senate Homeland Security and Governmental 
Affairs Committee with the following information: (1) an 
explanation of the circumstances necessitating the waiver, 
including a discussion of how this action does not deviate from 
the role of the FEMA Administrator as the principal advisor on 
emergency management to the President, the Homeland Security 
Council, and the Secretary, as defined in P.L. 109-295 (6 
U.S.C. 313); and (2) a discussion of the role in the field, or 
in headquarters, of staff deployed pursuant to the waiver, 
including measures taken to ensure compliance with subsection 
(c) of 6 U.S.C. 319.
      Further, the conferees note that this waiver authority 
exists for fiscal year 2010 only and directs the Department, in 
collaboration with the appropriate authorizing committees of 
the House and Senate, and other federal entities, to revisit 
all planning and response documents, such as the National 
Response Framework, and the organizational structure of 
operational emergency response teams, as appropriate, to ensure 
that they are compliant with the provisions of PKEMRA. The 
conferees direct DHS to report within 120 days of enactment of 
this Act on any action necessary to update all applicable 
documents and the organizational structure of operational 
emergency response teams.
      Section 523. The conference agreement continues a 
provision proposed by the House and Senate regarding the 
enforcement of section 4025(1) of Public Law 108-458 pertaining 
to butane lighters.
      Section 524. The conference agreement continues a 
provision proposed by the House and Senate prohibiting the 
Secretary of Homeland Secretary from reducing operations within 
the Coast Guard's Civil Engineering Program except as 
specifically authorized by a statute enacted after the date of 
enactment of this Act.
      Section 525. The conference agreement continues a 
provision proposed by the House and Senate that precludes DHS 
from using funds in this Act to carry out reorganization 
authority. This prohibition is not intended to prevent the 
Department from carrying out routine or small reallocations of 
personnel or functions within components of the Department, 
subject to section 503 of this Act.
      Section 526. The conference agreement continues a 
provision proposed by the House and Senate prohibiting funding 
to grant an immigration benefit to any individual unless the 
results of background checks required in the statute to be 
completed prior to the grant of the benefit have been received 
by USCIS.
      Section 527. The conference agreement continues a 
provision proposed by the House and Senate prohibiting use of 
funds to destroy or put out to pasture any horse or other 
equine belonging to the Federal government unless adoption has 
been offered first.
      Section 528. The conference agreement continues a 
provision proposed by the Senate regarding the use of Data 
Center One (National Center for Critical Information Processing 
and Storage). The House proposed no similar provision.
      Section 529. The conference agreement continues a 
provision proposed by the Senate prohibiting funds from being 
used to reduce the Coast Guard's Operations Systems Center 
mission or its government-employed or contract staff. The House 
proposed no similar provision.
      Section 530. The conference agreement continues a 
provision proposed by the House and Senate prohibiting funds to 
be used to conduct or implement the results of a competition 
under Office of Management and Budget Circular A-76 with 
respect to the Coast Guard National Vessel Documentation 
Center.
      Section 531. The conference agreement continues and 
modifies a provision proposed by the House relating to Other 
Transactional Authority for DHS through fiscal year 2010. The 
Senate proposed a similar provision.
      Section 532. The conference agreement continues a 
provision proposed by the House and Senate that requires the 
Secretary to link all contracts that provide award fees to 
successful acquisition outcomes.
      Section 533. The conference agreement continues a 
provision proposed by the House and Senate prohibiting the 
obligation of funds made available to the Office of the 
Secretary and Executive Management for any new hires at DHS not 
verified through the basic pilot (E-Verify) program.
      Section 534. The conference agreement continues a 
provision proposed by the House and Senate related to 
prescription drugs.
      Section 535. The conference agreement continues a 
provision proposed by the House and Senate prohibiting funds 
made available in this Act from being used to implement a rule 
or regulation that implements the Notice of Proposed Rulemaking 
related to Petitions for Aliens to Perform Temporary 
Nonagricultural Services or Labor (H-2B) set out beginning on 
70 Federal Register 3984 (January 27, 2005).
      Section 536. The conference agreement continues a 
provision proposed by the House requiring the Secretary of 
Homeland Security, in consultation with the Secretary of 
Treasury, to notify the Committees of any proposed transfers 
from the Department of Treasury Forfeiture Fund to any agency 
within the Department of Homeland Security. No funds may be 
obligated until the Committees approve the proposed transfers. 
The Senate proposed a similar provision.
      Section 537. The conference agreement continues a 
provision proposed by the House and Senate prohibiting funds 
for planning, testing, piloting, or developing a national 
identification card.
      Section 538. The conference agreement continues a 
provision proposed by the House and Senate requiring the 
Assistant Secretary of Homeland Security (TSA) to certify that 
no security risks will result if any airport does not 
participate in the basic pilot (E-Verify) program.
      Section 539. The conference agreement continues a 
provision proposed by the House and Senate that requires a 
report summarizing damage assessment information used to 
determine whether to declare a major disaster.
      Section 540. The conference agreement continues a 
provision proposed by the Senate relating to the liquidation of 
Plum Island assets if the site is not chosen for the new 
National Bio- and Agro-defense Facility and how the proceeds 
from this sale may be applied. The House proposed a similar 
provision.
      Section 541. The conference agreement includes a new 
provision proposed by the House amending section 4 of Public 
Law 110-161 by striking projects in Massachusetts, South 
Carolina, and California and adding different projects in those 
States. The Senate proposed no similar provision.
      Section 542. The conference agreement continues a 
provision proposed by the House and Senate directing that any 
official required by this Act to report or certify to the 
Committees on Appropriations may not delegate such authority 
unless expressly authorized to do so in this Act.
      Section 543. The conference agreement continues a 
provision proposed by the House extending the authority of the 
Predisaster Mitigation Fund until September 30, 2010. The 
Senate proposed no similar provision.
      Section 544. The conference agreement includes a 
provision proposed by the Senate on unmanned aircraft systems. 
The House proposed no similar provision.
      Section 545. The conference agreement includes a new 
provision proposed by the House permitting unobligated amounts 
made available to Coast Guard Sector Buffalo to be used to make 
improvements to land to enhance public access to the Buffalo 
Lighthouse and the waterfront. The Senate proposed no similar 
provision.
      Section 546. The conference agreement includes a new 
provision proposed by the House and Senate permitting personnel 
appointed or assigned to serve abroad allowances and benefits 
similar to those provided in the Foreign Service Act of 1990.
      Section 547. The conference agreement includes and 
modifies a new provision proposed by the House that extends the 
basic pilot program (E-Verify program) by three years. Because 
DHS and the Social Security Administration have already entered 
into a memorandum of agreement on employment verification, 
statutory language is no longer necessary. The two GAO reports 
contained in the House provision are addressed under USCIS. The 
Senate proposed a similar extension.
      Section 548. The conference agreement includes a new 
provision proposed by the Senate that extends the EB-5 visa 
program for three years. The House proposed no similar 
provision.
      Section 549. The conference agreement includes a new 
provision proposed by the House that clarifies fees for 
fingerprinting, biometric services, and other necessary 
services may be collected as part of section 244 of the 
Immigration and Nationality Act. The Senate proposed no similar 
provision.
      Section 550. The conference agreement includes a new 
provision proposed by the House and Senate that extends the 
risk based security standards for chemical facilities cited in 
Section 550 of P.L. 109-295 by one year.
      Section 551. The conference agreement includes a new 
provision proposed by the Senate that renames ``basic pilot 
program'' as ``E-Verify Program''. The House proposed no 
similar provision.
      Section 552. The conference agreement includes and 
modifies a new provision proposed by the House on the 
individuals detained at the Naval Station, Guantanamo Bay, 
Cuba. The Senate had no similar provision.
      Section 553. The conference agreement includes a new 
provision proposed by the House that requires the names of 
individuals detained at the Naval Station, Guantanamo Bay, Cuba 
to be included on the No Fly List. The Senate proposed no 
similar provision.
      Section 554. The conference agreement includes a new 
provision proposed by the House and Senate permitting the 
collection of fees for conferences, seminars, exhibits, 
symposiums, or similar meetings and requires an annual report 
on the level of collection by the Department.
      Section 555. The conference agreement includes a new 
provision proposed by the Senate defining rural areas for 
purposes of section 210C of the Homeland Security Act of 2002. 
The House proposed no similar provision.
      Section 556. The conference agreement includes a new 
provision proposed by the House prohibiting funds in this Act 
to be used for first-class travel. The Senate proposed no 
similar provision.
      Section 557. The conference agreement includes and 
modifies a new provision proposed by the House prohibiting 
funds in this Act to be used for adverse personnel actions for 
employees who use protective equipment or measures, including 
surgical masks, N95 respirators, gloves, or hand-sanitizers in 
the conduct of their official duties. The Senate proposed no 
similar provision.
      Section 558. The conference agreement includes a new 
provision proposed by the House prohibiting funds in this Act 
to be used to employ workers in contravention of section 
274A(h)(3) of the Immigration and Nationality Act. The Senate 
proposed no similar provision.
      Section 559. The conference agreement includes and 
modifies a new provision proposed by the Senate that prohibits 
the use of funds for LORAN-C after January 4, 2010, if the 
Commandant certifies termination will not adversely impact 
maritime safety and the Secretary certifies that LORAN-C is not 
needed as a backup to the Global Positioning System (GPS). The 
certifications must be submitted to the Committees on 
Appropriations. If such certifications are made, the sale of 
LORAN-C properties can be used as offsetting collections for 
environmental compliance and restoration activities, including 
costs of securing and maintaining equipment that may be used as 
a backup to GPS. The House proposed no similar provision.
      Section 560. The conference agreement includes and 
modifies a new provision proposed by the Senate that prohibits 
the obligation of funds for construction of the National Bio- 
and Agro-defense Facility (NBAF) until the Secretary of DHS 
undertakes a bio-safety and bio-security mitigation risk 
assessment using plume and epidemiologic impact modeling to 
determine the requirements for the safe operation of NBAF in 
Manhattan, Kansas. Once DHS completes the risk assessment, the 
National Academy of Sciences shall provide an independent, 
expert evaluation of the DHS study within four months to ensure 
that risk has been adequately identified and mitigated in 
planning for NBAF. In addition, the Secretary of DHS, in 
coordination with the Secretary of Agriculture, shall report to 
the Committees on the procedures used to issue a permit for 
foot-and-mouth disease live virus research and an emergency 
response plan in the event of an accidental release of a 
hazardous pathogen originating from NBAF. The House proposed a 
similar provision under S&T Research, Development, Acquisition, 
and Operations.
      Section 561. The conference agreement includes and 
modifies a new provision proposed by the Senate on maritime 
transportation security information. The House proposed no 
similar provision.
      Section 562. The conference agreement includes a new 
provision proposed by the Senate on the definition of 
switchblade knives. The House proposed no similar provision.
      Section 563. The conference agreement includes and 
modifies a new provision proposed by the Senate related to the 
Federal Deposit Insurance Act. The House proposed no similar 
provision.
      Section 564. The conference agreement includes and 
modifies a new provision proposed by the Senate amending the 
OPEN FOIA Act relating to certain items being withheld from 
release. The House proposed no similar provision.
      Section 565. The conference agreement includes and 
modifies a new provision proposed by the Senate on the release 
of protected national security documents. The House proposed no 
similar provision.
      Section 566. The conference agreement includes a new 
provision proposed by the Senate permitting administrative law 
judges to be available temporarily to serve on an arbitration 
panel created under the American Recovery and Reinvestment Act 
for FEMA's Public Assistance program for Hurricanes Katrina and 
Rita. The House proposed no similar provision.
      Section 567. The conference agreement includes a new 
provision proposed by the Senate on the proper disposal of 
personal information collected through the Registered Traveler 
program. A report on procedures and status is required to be 
submitted 90 days after the date of enactment of this Act. The 
House proposed no similar provision.
      Section 568. The conference agreement includes and 
modifies a new provision proposed by the Senate extending the 
visa program for special immigrant nonminister religious 
workers and the ``Conrad 30'' rural area serving doctors 
program. The conferees modify treatment of surviving spouses 
and other relatives. The conference agreement includes 
reporting requirements and humanitarian consideration for 
pending petitions and applications. The House proposed no 
similar provision.
      Section 569. The conference agreement includes a new 
provision proposed by the Senate prohibiting funds appropriated 
or otherwise made available by this Act to pay for award or 
incentive fees for contractors with below satisfactory 
performance or performance that fails to meet the basic 
requirements of the contract. The House proposed no similar 
provision.
      Section 570. The conference agreement includes a new 
provision proposed by the Senate that prohibits funds 
appropriated or otherwise made available by this Act for DHS to 
enter into a federal contract unless the contract meets the 
Federal Property and Administrative Services Act of 1949 or 
Chapter 137 of title 10 U.S.C. requirements and the Federal 
Acquisition Regulation or the contract is authorized by statute 
without regard to this section. The House proposed no similar 
provision.
      Section 571. The conference agreement includes a new 
provision allowing the Secretary to transfer data center 
migration funds made available by this Act between 
appropriations for the same purpose after notifying the 
Committees 15 days in advance.
      Section 572. The conference agreement includes a new 
provision that specific earmarks contained in House Report 111-
157 intended to be awarded to a for-profit entity shall be 
awarded under full and open competition.
      Section 573. The conference agreement includes a 
provision rescinding $5,572,000 in unobligated balances for 
fiscal year 2009 from FEMA ``Trucking Industry Security 
Grants'' as proposed by the House instead of $5,500,000 as 
proposed by the Senate.
      Section 574. The conference agreement includes a 
provision rescinding $2,358,000 in unobligated balances of 
prior year appropriations for ``Analysis and Operations'' 
instead of $2,203,000 as proposed by the House and $5,000,000 
as proposed by the Senate.
      Section 575. The conference agreement includes a 
provision rescinding $8,000,000 in unobligated balances of 
prior year appropriations for NPPD ``Infrastructure Protection 
and Information Security'' as proposed by the Senate instead of 
$5,963,000 as proposed by the House.
      Section 576. The conference agreement includes a 
provision rescinding $6,944,148 from unobligated balances of 
prior year appropriations for S&T ``Research, Development, 
Acquisition, and Operations'' instead of $7,500,000 as proposed 
by the Senate. The House proposed no similar provision. S&T 
shall notify the Committees on the distribution of the 
rescission prior to its implementation.
      Section 577. The conference agreement includes a 
provision rescinding $8,000,000 from unobligated balances of 
prior year appropriations for DNDO ``Research, Development, and 
Operations'' as proposed by the Senate. The House proposed no 
similar provision. DNDO shall notify the Committees on the 
distribution of the rescission prior to its implementation.
      Section 578. The conference agreement includes a new 
provision rescinding $4,000,000 from unobligated balances of 
prior year appropriations made available for TSA ``Research and 
Development''. TSA shall notify the Committees on the 
distribution of the rescission prior to its implementation.
      Section 579. The conference agreement includes a new 
provision rescinding $800,000 from unobligated balances of 
prior year appropriations made available for Coast Guard 
``Acquisition, Construction, and Improvements'' and specifies 
that this rescission must be made from completed projects.
      Section 580. The conference agreement includes a new 
provision rescinding $5,600,000 from unobligated balances made 
available for the Counterterrorism Fund.

                         Provisions Not Adopted

      The conference agreement does not include section 512 of 
the Senate bill prohibiting funds for Secure Flight to be used 
to test algorithms assigning risk to passengers whose names are 
not on a government watch list or to use databases that are 
under control of a non-Federal entity. Since these activities 
are not permitted by the final Secure Flight rule, any change 
would require a new rulemaking.
      The conference agreement does not include section 518 of 
the Senate bill prohibiting funds for the National Applications 
Office or the National Immigration Information Sharing 
Operation until certain conditions were met. A modified version 
of this provision is included in ``Analysis and Operations''
      The conference agreement does not include section 546 of 
the House bill clarifying how funds collected for fraud 
prevention and detection may be used.
      The conference agreement does not include section 546 of 
the Senate bill that clarifies Section 401(b) of the Illegal 
Immigration Reform and Immigrant Responsibility Act, making the 
basic pilot (E-Verify) program permanent. The conference 
agreement contains a three-year extension of this program.
      The conference agreement does not include section 547 of 
the Senate bill that requires government contractors to 
participate in the basic pilot (E-Verify) program. A federal 
regulation was finalized in September 2009 requiring federal 
contractors and subcontractors to use the basic pilot (E-
Verify) program.
      The conference agreement does not include section 549 of 
the Senate bill making the EB-5 visa program permanent. The 
conference agreement contains a three year extension of this 
program.
      The conference agreement does not include section 550 of 
the Senate bill authorizing the Secretary to direct GSA to sell 
ICE Service Processing Centers and detention facilities that no 
longer meet the mission and use the funds for other ICE real 
property needs.
      The conference agreement does not include section 551 of 
the House bill on certification requirements for advanced 
spectroscopic portal monitors, the National Academy of Sciences 
study, and high risk concurrent development. This provision is 
included under DNDO ``Systems Acquisition''.
      The conference agreement does not include section 553 of 
the House bill on the closure of the Florida long-term recovery 
office in Orlando. This item is addressed under FEMA.
      The conference agreement does not include section 560 of 
the Senate bill on border fence completion.
      The conference agreement does not include section 561 of 
the Senate bill on no match letters.
      The conference agreement does not include section 563 of 
the Senate bill requiring a report on Operation Streamline. 
This item is addressed under CBP.
      The conference agreement does not include section 568 of 
the Senate bill requiring a report on improving cross-border 
inspection processes in the United States, Ontario, and Quebec. 
This item is addressed under CBP.
      The conference agreement does not include section 573 of 
the Senate bill pertaining to prescription drugs. This issue is 
addressed under Section 534.
      The conference agreement does not include section 576 of 
the Senate bill requiring employers to verify the immigration 
status of existing employees.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

      Following is a list of congressional earmarks and 
congressionally directed spending items (as defined in clause 9 
of rule XXI of the Rules of the House of Representatives and 
rule XLIV of the Standing Rules of the Senate, respectively) 
included in the conference report or the accompanying joint 
statement of managers, along with the name of each Senator, 
House Member, Delegate, or Resident Commissioner who submitted 
a request to the Committee of jurisdiction for each item so 
identified. Neither the conference report nor the joint 
statement of managers contains any limited tax benefits or 
limited tariff benefits as defined in the applicable House or 
Senate rules. Pursuant to clause 9(b) of rule XXI of the Rules 
of the House of Representatives, neither the conference report 
nor the joint statement of managers contains any congressional 
earmarks, limited tax benefits, or limited tariff benefits that 
were not (1) committed to the conference committee by either 
House or (2) in a report of a committee of either House on this 
bill or on a companion measure.

                                                                                        HOMELAND SECURITY
                                                                            [Presidentially Requested Spending Items]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Agency                   Account                                           Project                                   Amount        Administration                  Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG              Operating Expenses                Project Seahawk, SC                                                    $1,088,000  The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG              Acquisition, Construction, and    Shore and Operational Support projects, various locations              $6,000,000  The President
                 Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD            Infrastructure Protection and     National Infrastructure Simulation and Analysis Center, NM            $16,000,000  The President       Jeff Bingaman; Tom Udall
                 Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA            State and Local Programs          National Domestic Preparedness Consortium:
                                                  National Energetic Materials Research and Testing Center, New         $12,875,000  The President       Jeff Bingaman; Tom Udall
                                                   Mexico Institute of Mining and Technology, NM
                                                  National Center for Biomedical Research and Training, Louisiana       $12,875,000  The President       Rodney Alexander; Mary Landrieu
                                                   State University, LA
                                                  National Emergency Response and Rescue Training Center, Texas A&M     $12,875,000  The President       Chet Edwards; John Carter; John Cornyn;
                                                   University, TX                                                                                         Kay Bailey Hutchison
                                                  National Exercise, Test, and Training Center, Nevada Test Site,       $12,875,000  The President       Harry Reid
                                                   NV
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA            State and Local Programs          Center for Domestic Preparedness, AL                                  $62,500,000  The President       Richard Shelby; Mike Rogers (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T             Research, Development,            Naval Postgraduate School, CA                                          $2,000,000  The President       Sam Farr
                 Acquisition, and Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T             Research, Development,            Physical Science Facility, Pacific Northwest National Laboratory,     $12,000,000  The President       Patty Murray; Norman Dicks; Doc
                 Acquisition, and Operations       WA                                                                                                     Hastings
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T             Research, Development,            Transportation Security Laboratory, NJ                                 $5,000,000  The President
                 Acquisition, and Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                                        HOMELAND SECURITY
                                                                            [Congressionally Directed Spending Items]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
      Agency                         Account                                                        Project                                           Amount              Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHS                 Office of the Under Secretary for         Center of Excellence in Logistics and Technology (LOGTECH), Institute for Defense     $1,000,000  David Price
                     Management                                and Business, The University of North Carolina, Chapel Hill, NC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP                 Salaries & Expenses                       Portable Solar Charging Rechargeable Battery System, Global Solar, AZ                   $800,000  Ed Pastor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP                 Construction and Facilities Management    Advanced Training Center, WV                                                         $39,700,000  Robert Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP                 Construction and Facilities Management    Hangar and Offices for U.S. Customs and Border Protection, City of El Paso, TX        $3,500,000  Silvestre Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TSA                 Aviation Security                         Transportation Security Research and Training Center, National Safe Skies Alliance,   $1,250,000  John Duncan Jr.
                                                               TN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG                  Operating Expenses                        Operations Systems Center, WV                                                         $3,600,000  Robert Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG                  Acquisition, Construction, and            Coast Guard Academy Pier, CT                                                            $300,000  Christopher Dodd
                     Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG                  Acquisition, Construction, and            Coast Guard Station Cleveland Harbor, OH                                             $16,800,000  George Voinovich
                     Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CG                  Alteration of Bridges                     Fort Madison, IA                                                                      $4,000,000  Tom Harkin; David Loebsack
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             National Infrastructure Simulation and Analysis Center, NM                            $4,000,000  Jeff Bingaman; Tom Udall
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             Philadelphia Buffer Zone Protection Video Surveillance Expansion Project, City of     $1,000,000  Chaka Fattah
                     Information Security                      Philadelphia, PA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             State and Local Cyber Security Training, University of Texas, San Antonio, TX         $3,500,000  Ciro Rodriguez
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             Power and Cyber Systems Protection, Analysis, and Testing Program at the Idaho        $3,000,000  Michael Simpson; Mike Crapo;
                     Information Security                      National Laboratory, Idaho National Laboratory, ID                                                James Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             Cyber Security Test Bed & Evaluation Center, RTI International, NC                    $3,500,000  David Price
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             Multi-State Information Sharing and Analysis Center (MS-ISAC), NY, Office of State    $3,000,000  Nita Lowey; Yvette Clarke
                     Information Security                      Cyber Security & Critical Infrastructure Coordination
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             Virginia Operational Integration Cyber Center of Excellence (VOICCE), City of           $500,000  Glenn Nye; Robert Wittman
                     Information Security                      Hampton, VA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             The Upstate NY Cyber Initiative, Clarkson University, NY                                $100,000  John McHugh; Charles Schumer
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD                Infrastructure Protection and             SEARCH, Sacramento, CA                                                                $1,000,000  Steven Rothman
                     Information Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OHA                 Office of Health Affairs                  North Carolina Collaboratory for Bio-Preparedness (NC B-Prepared), School of          $5,000,000  David Price; Bob Etheridge; Brad
                                                               Information & Library Science, The University of North Carolina at Chapel Hill, NC                Miller; Kay Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Benton County Emergency Management Commission, IA          $500,000  Leonard Boswell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Brazoria County Emergency Management, TX                   $100,000  Ron Paul
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Butte-Silver Bow, MT                                       $800,000  Dennis Rehberg; Jon Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Calvert County Department of Public Safety, MD             $338,000  Steny Hoyer; Benjamin Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Alamosa Fire Department, CO                        $425,000  John Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Ames, IA                                           $600,000  Tom Harkin; Tom Latham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Boerne, TX                                         $250,000  Lamar Smith
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Brawley, CA                                        $500,000  Bob Filner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Brigantine, NJ                                     $300,000  Frank LoBiondo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Brookings, OR                                      $350,000  Peter DeFazio
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Chicago, IL                                      $1,000,000  Richard Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Commerce, CA                                     $1,000,000  Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Cupertino, CA                                      $300,000  Michael Honda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Detroit, MI                                      $1,000,000  Carolyn Kilpatrick; John
                                                                                                                                                                 Conyers; Debbie Stabenow; Carl
                                                                                                                                                                 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Elk Grove, CA                                      $750,000  Daniel Lungren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Green Cove Springs, FL                             $400,000  Corrine Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Greenville, NC                                     $600,000  G.K. Butterfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Hackensack, NJ                                     $300,000  Frank Lautenberg; Robert
                                                                                                                                                                 Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Hartford, CT                                       $800,000  John Larson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Hopewell, VA                                       $250,000  Randy Forbes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of La Habra, CA                                       $254,500  Gary Miller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Las Vegas, NV                                      $600,000  Shelley Berkley; Dina Titus;
                                                                                                                                                                 Harry Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Lauderdale Lakes, FL                               $750,000  Debbie Wasserman Schultz; Alcee
                                                                                                                                                                 Hastings
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Minneapolis, MN                                    $750,000  Keith Ellison; Amy Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Monterey Park, CA                                  $375,000  Adam Schiff; Judy Chu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Moreno Valley, CA                                  $400,000  Mary Bono Mack
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Mount Vernon, NY                                 $1,000,000  Kirsten Gillibrand; Charles
                                                                                                                                                                 Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Newark, NJ                                       $1,000,000  Steven Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of North Little Rock, AR                              $900,000  Blanche Lincoln; Mark Pryor; Vic
                                                                                                                                                                 Snyder
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Palm Coast, FL                                     $350,000  John Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Port Gibson, MS                                    $750,000  Bennie Thompson; Thad Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Scottsdale, AZ                                     $500,000  Harry Mitchell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Sunrise, FL                                        $750,000  Debbie Wasserman Schultz; Robert
                                                                                                                                                                 Wexler; Alcee Hastings; Bill
                                                                                                                                                                 Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Tavares, FL                                        $500,000  Alan Grayson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Torrington, CT                                     $400,000  John Larson; Christopher Murphy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Whitefish, MT                                      $900,000  Jon Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Whittier, CA                                       $500,000  Linda Sanchez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Wichita, KS                                        $500,000  Todd Tiahrt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Columbia County, OR                                        $500,000  David Wu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, County of Union, NJ                                        $500,000  Leonard Lance; Frank Lautenberg;
                                                                                                                                                                 Robert Menendez;
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Dorchester County, SC                                      $400,000  Henry Brown; Lindsey Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Fulton County (Atlanta) Emergency Management Agency,       $200,000  John Lewis; David Scott
                                                               GA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Howell County Emergency Preparedness, MO                   $250,000  Jo Ann Emerson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Jackson County Sheriff's Office, MO                        $500,000  Emanuel Cleaver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Johnson County, TX                                         $750,000  Chet Edwards
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Kentucky Emergency Management, KY                          $500,000  Harold Rogers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Lake County, FL                                            $800,000  Corrine Brown; Cliff Stearns
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Lea County, NM                                             $600,000  Harry Teague
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Lincoln County, WA                                       $1,000,000  Patty Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Lycoming County, PA                                        $250,000  Christopher Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Macomb County Emergency Management and Communications,     $250,000  Candice Miller; Debbie Stabenow;
                                                               MI                                                                                                Carl Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Mercer County Emergency Management Agency, KY              $300,000  Ben Chandler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Middle Rio Grande Development Council, TX                $1,000,000  Ciro Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Minooka Fire Protection District, IL                       $250,000  Deborah Halvorson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Mobile County Commission, AL                               $800,000  Jo Bonner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Monroe County, FL                                          $200,000  Ileana Ros-Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Morris County, New Jersey Office of Emergency            $1,000,000  Rodney Frelinghuysen
                                                               Management, NJ
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, New Orleans Emergency Medical Services, LA                 $750,000  Anh ``Joseph'' Cao; Steve
                                                                                                                                                                 Scalise
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, North Carolina Office of Emergency Management, NC        $1,000,000  David Price
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, North Hudson Regional Fire and Rescue, NJ                  $500,000  Albio Sires
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, North Louisiana Regional, Lincoln Parish, LA               $980,000  Mary Landrieu; Rodney Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Ohio Emergency Management Agency, Columbus, OH           $1,500,000  George Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Passaic County Prosecutor's Office, NJ                     $250,000  Steven Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Providence, RI                                     $980,000  Jack Reed; James Langevin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, San Francisco Department of Emergency Management, CA       $800,000  Nancy Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Sarasota County, FL                                        $300,000  Vern Buchanan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Scotland County, NC                                        $650,000  Larry Kissell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Somerset County, ME                                        $500,000  Michael Michaud; Olympia Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, State of Maryland, MD                                    $1,500,000  Dutch Ruppersberger; Benjamin
                                                                                                                                                                 Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, City of Maitland, FL                                       $158,000  Suzanne Kosmas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Tohono O'odham Nation                                      $500,000  Raul Grijalva
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Towamencin Township, PA                                     $75,000  Allyson Schwartz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Town of Harrison, NY                                       $275,000  Nita Lowey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Town of Shorter, AL                                        $500,000  Mike Rogers (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Township of Irvington, NJ                                  $750,000  Donald Payne
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Township of Old Bridge, NJ                                 $500,000  Rush Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Township of South Orange Village, South Orange, NJ         $247,000  Frank Lautenberg; Robert
                                                                                                                                                                 Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Upper Darby Township Police Department, PA                 $500,000  Joe Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Village of Elmsford, NY                                    $165,000  Nita Lowey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Washington Parish Government, LA                           $350,000  Steve Scalise
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Westmoreland County Department of Public Safety, PA        $900,000  John Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Williamsburg County, SC                                  $1,000,000  James Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Emergency Operations Center, Winston County Commission, AL                               $20,000  Robert Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  National Domestic Preparedness Consortium:
                                                              National Energetic Materials Research and Testing Center, New Mexico Institute of    $10,125,000  Jeff Bingaman; Tom Udall
                                                               Mining and Technology, NM
                                                              National Center for Biomedical Research and Training, Louisiana State University,    $10,125,000  Rodney Alexander; Mary Landrieu
                                                               LA
                                                              National Emergency Response and Rescue Training Center, Texas A&M University, TX     $10,125,000  Chet Edwards; John Carter; John
                                                                                                                                                                 Cornyn; Kay Bailey Hutchison
                                                              National Exercise, Test, and Training Center, Nevada Test Site, NV                   $10,125,000  Harry Reid
                                                              National Disaster Preparedness Training Center, University of Hawaii, HI              $5,000,000  Daniel Inouye
                                                              Surface Transportation Emergency Preparedness and Response Training                   $5,000,000  Michael Bennet; John Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Counterterrorism and Cybercrime Center, Norwich University, Northfield, VT            $1,700,000  Patrick Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                State and Local Programs                  Rural Domestic Preparedness Consortium, Eastern Kentucky University, KY               $3,000,000  Harold Rogers; George Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Alabama Emergency Management Agency, AL                                                 $200,000  Spencer Bachus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Arkansas Department of Emergency Management, AR                                         $750,000  Marion Berry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Arkansas State University-Beebe, AR                                                     $452,000  Vic Snyder
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Brigham City Corporation, UT                                                            $250,000  Rob Bishop; Robert Bennett;
                                                                                                                                                                 Orrin Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    CHRISTUS St. Elizabeth Hospital, Beaumont, TX                                           $250,000  Ted Poe; Kay Bailey Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Brooksville, KY                                                                  $18,500  Geoff Davis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Burbank, CA                                                                     $225,000  Adam Schiff
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Camanche, IA                                                                    $187,500  Bruce Braley
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Coconut Creek, FL                                                               $500,000  Ron Klein; Robert Wexler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Colton, CA                                                                      $200,000  Joe Baca
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Davis, CA                                                                       $275,000  Mike Thompson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Emeryville, CA                                                                  $600,000  Barbara Lee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Flagler Beach, FL                                                               $750,000  John Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Hartselle, AL                                                                   $245,000  Robert Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Hidalgo, TX                                                                     $500,000  Henry Cuellar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Hokah, MN                                                                       $590,000  Timothy Walz; Amy Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Kannapolis, NC                                                                  $425,000  Howard Coble; Larry Kissell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Los Angeles, CA                                                               $1,000,000  Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Los Angeles, CA                                                                 $500,000  Brad Sherman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Maryville, MO                                                                   $175,000  Sam Graves
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Miami Beach, FL                                                                 $750,000  Debbie Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Miami, FL                                                                       $600,000  Kendrick Meek; Ileana Ros-
                                                                                                                                                                 Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of New Braunfels, TX                                                               $500,000  Lamar Smith; Kay Bailey
                                                                                                                                                                 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Prattville, AL                                                                  $500,000  Bobby Bright
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Reno, NV                                                                        $500,000  Dean Heller; Harry Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Robstown, TX                                                                    $500,000  Solomon Ortiz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Rockville, MD                                                                   $650,000  Chris Van Hollen; Benjamin
                                                                                                                                                                 Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Santa Clarita, CA                                                               $500,000  Howard ``Buck'' McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Trenton, NJ                                                                     $300,000  Rush Holt; Christopher Smith;
                                                                                                                                                                 Frank Lautenberg; Robert
                                                                                                                                                                 Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    City of Venice, FL                                                                      $200,000  Vern Buchanan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    DeKalb County, IL                                                                       $350,000  Donald Manzullo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Drew County, AR                                                                         $366,564  Mike Ross
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Harris County Flood Control District, TX                                              $1,000,000  John Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Henry County, GA                                                                        $275,000  David Scott
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Jackson Health System, Miami, FL                                                        $500,000  Debbie Wasserman Schultz,
                                                                                                                                                                 Kendrick Meek, Mario Diaz-
                                                                                                                                                                 Balart, Ileana Ros-Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Kentucky Emergency Management, KY                                                       $500,000  Harold Rogers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    King County, WA                                                                         $750,000  David Reichert; Patty Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Lake County Stormwater Management Agency, OH                                            $725,000  Steven LaTourette
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Lorain County, OH                                                                       $200,000  Betty Sutton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Louisville-Metro Government, KY                                                         $500,000  John Yarmuth
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Lucas County Engineer, OH                                                               $500,000  Marcy Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    McDowell Hospital, Marion, NC                                                           $220,000  Heath Shuler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Mississippi Homeland Security Office, MS                                                $500,000  Bennie Thompson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    North Carolina Office of Emergency Management, NC                                       $165,000  David Price
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Ohio University, Athens, OH                                                             $200,000  Charles Wilson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Orange County Fire Authority, CA                                                        $252,000  Ken Calvert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Russell County Fiscal Court, KY                                                         $200,000  Ed Whitfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    San Miguel County, NM                                                                   $400,000  Ben Lujan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Shelby County, Memphis, TN                                                              $325,000  Steve Cohen; Lamar Alexander;
                                                                                                                                                                 Bob Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    State of Maryland, MD                                                                 $1,000,000  Dutch Ruppersberger; Benjamin
                                                                                                                                                                 Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Town of Hambleton and Town of Davis, WV                                                 $450,000  Alan Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Town of Occoquan, VA                                                                     $25,000  Gerald Connolly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Town of Shelter Island, NY                                                              $200,000  Timothy Bishop
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Town of Union and City of Binghamton, NY                                                $462,000  Maurice Hinchey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Town of Winthrop, MA                                                                    $500,000  Edward Markey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Village of La Grange Park, IL                                                           $150,000  Daniel Lipinski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Village of Pelham, NY                                                                   $562,500  Nita Lowey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA                Predisaster Mitigation                    Westport Fire Department, CT                                                            $265,000  James Himes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Cincinnati Urban Area partnership, OH                                                 $2,000,000  George Voinovich
                     Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Distributed Environment for Critical Infrastructure Decisionmaking Exercises,         $3,000,000  Robert Bennett; Patrick Leahy;
                     Operations                                multiple locations                                                                                Rob Bishop
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Homeland Security Research, Development, and Manufacturing Pilot, Long Island Forum   $1,000,000  Steve Israel; Peter King
                     Operations                                for Technology, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Maritime Domain Awareness and Maritime Security Technology Pilot, SRI                 $4,000,000  C.W. ``Bill'' Young
                     Operations                                International, FL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   National Institute for Hometown Security, KY                                         $10,000,000  Harold Rogers
                     Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Remote Sensing for Situational Awareness and Decision Support, Rochester Institute      $500,000  Daniel Maffei; Christopher Lee
                     Operations                                of Technology, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T                 Research, Development, Acquisition, and   Southeast Region Research Initiative, TN                                             $20,865,000  Thad Cochran; Roger Wicker;
                     Operations                                                                                                                                  Gregg Harper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Franklin Regional Council of Governments, MA                                                      John Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Town of Lanesborough, MA                                                                          John Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Office of Environmental Health and Safety, University of Massachusetts, MA                        John Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Town of Branchville, SC                                                                           James Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Monterey County Water Resources Agency, CA                                                        Sam Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    General Provision                         Sector Buffalo, NY, Coast Guard                                                                   Brian Higgins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                        Funding Recommendations

      The conference agreement's detailed funding 
recommendations for programs are contained in the table listed 
below.

                   Conference Total--With Comparisons

      The total new budget (obligational) authority for the 
fiscal year 2010 recommended by the Committee of Conference, 
with comparisons to the fiscal year 2009 amount, the 2010 
budget estimates, and the House and Senate bills for 2010 
follow:

                        (In thousands of dollars)

New budget (obligational) authority, fiscal year 2009...     $44,367,748
Budget estimates of new (obligational) authority, fiscal 
    year 2010...........................................      44,190,938
House bill, fiscal year 2010............................      43,978,245
Senate bill, fiscal year 2010...........................      44,287,748
Conference agreement, fiscal year 2010..................      44,137,241
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      2009..............................................        -230,507
    Budget estimates of new (obligational) authority, 
      fiscal year 2010..................................         -53,697
    House bill, fiscal year 2010........................        +158,996
    Senate bill, fiscal year 2010.......................        -150,507


                                   David R. Obey,
                                   David E. Price,
                                   Jose E. Serrano,
                                   Ciro D. Rodriguez,
                                   C. A. Dutch Ruppersberger,
                                   Alan B. Mollohan,
                                   Nita M. Lowey,
                                   Lucille Roybal-Allard,
                                   Sam Farr,
                                   Steven R. Rothman,
                                 Managers on the Part of the House.

                                   Robert C. Byrd,
                                   Daniel K. Inouye,
                                   Patrick J. Leahy
                                           (with a reservation on the 
                                               EB-5 agreement),
                                   Barbara A. Mikulski,
                                   Patty Murray,
                                   Mary L. Landrieu,
                                   Frank R. Lautenberg,
                                   Jon Tester,
                                   Arlen Specter,
                                   George V. Voinovich,
                                   Thad Cochran,
                                   Judd Gregg,
                                   Richard C. Shelby,
                                   Sam Brownback,
                                   Lisa Murkowski,
                                Managers on the Part of the Senate.