[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6947 Reported in House (RH)]
Union Calendar No. 558
110th CONGRESS
2d Session
H. R. 6947
[Report No. 110-862]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2009, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2008
Mr. Price of North Carolina, from the Committee on Appropriations,
reported the following bill; which was committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2009, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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, 2009, 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, $117,413,000: Provided, That
not to exceed $60,000 shall be for official reception and
representation expenses.
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), $189,695,000, of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, That of the total amount, $6,000,000 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.
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), $55,235,000, of which $12,000,000 shall remain
available until expended for financial systems improvements.
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,
$247,369,000; of which $86,928,000 shall be available for salaries and
expenses; and of which $160,441,000, 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 none
of the funds appropriated shall be used to support or supplement the
appropriations provided for the United States Visitor and Immigrant
Status Indicator Technology project or the Automated Commercial
Environment: Provided further, That the Chief Information Officer shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, not later than 60 days after the date of the
enactment of this Act, an expenditure plan for all information
technology acquisition projects that are funded under this heading or
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: Provided further, That none of the funds
provided in this or any previous Act for data center development shall
be used in any manner other than the most managerially effective and
economically sound, as determined by the Chief Information Officer.
Analysis and Operations
For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $324,423,000, of which not
to exceed $5,000 shall be for official reception and representation
expenses, and of which $217,523,000 shall remain available until
September 30, 2010: Provided, That none of the funds provided under
this heading shall be available to commence operations of the National
Applications Office law enforcement domain or the National Immigration
Information Sharing Operation until the Secretary certifies in fiscal
year 2009 that these programs comply with all existing laws, including
all applicable privacy and civil liberties standards, and that
certification is reviewed by the Government Accountability Office:
Provided further, That none of the funds provided under this heading
shall be available to commence operations of the National Applications
Office civil applications domain or homeland security domain until the
Secretary certifies that these programs comply with all existing laws,
including all applicable privacy and civil liberties standards, and
that certification is reviewed by the Government Accountability Office.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $341,000.
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.), $101,013,000, 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, and agricultural inspections and
regulatory activities related to plant and animal imports; purchase and
lease of up to 6,300 (3,300 for replacement only) police-type vehicles;
and contracting with individuals for personal services abroad;
$7,534,346,000, of which $3,154,000 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
$254,279,000 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;
and 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: Provided, That for
fiscal year 2009, 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 no funding available under this heading may be
obligated for the operation of the Analytical Framework for
Intelligence Officers until the Commissioner of U.S. Customs and Border
Protection certifies that this Framework complies with all applicable
laws, including section 552a of title 5, United States Code, and other
laws protecting privacy, and such certification is reviewed by the
Inspector General of the Department of Homeland Security.
automation modernization
For expenses for U.S. Customs and Border Protection automated
systems, $511,334,000, to remain available until expended, of which not
less than $316,851,000 shall be for the development of the Automated
Commercial Environment: Provided, That of the total amount made
available under this heading, $216,851,000 may not be obligated for the
Automated Commercial Environment program until 30 days after the
Committees on Appropriations of the Senate and the House of
Representatives receive a report on the results to date and plans for
the program from the Department of Homeland Security.
border security fencing, infrastructure, and technology
For expenses for customs and border protection fencing,
infrastructure, and technology, $775,000,000, to remain available until
expended: Provided, That of the amount provided under this heading,
$400,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure, prepared by the Secretary of
Homeland Security and submitted not later than 90 days after the date
of the enactment of this Act, for a program to establish a security
barrier along the borders of the United States of fencing and vehicle
barriers, where practicable, and other forms of tactical infrastructure
and technology, that includes the following--
(1) a detailed accounting of the program's 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 lifecycle 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 the 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 that the program: (a) 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) that the plans for the program
comply with the Federal acquisition rules, requirements,
guidelines, and practices, and a description of the actions
being taken to address areas of non-compliance, the risks
associated with such actions, together with any plans for
addressing these risks, and the status of the implementation of
such actions; (c) that 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, all contracts, including
the exercise of technical oversight; and (d) the certifications
required under this paragraph should be accompanied by all
documents or memoranda, as well as documentation and a
description of the investment review processes used to obtain
such certifications;
(9) a certification by the Chief Information Officer of the
Department that: (a) the system architecture of the program is
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 investment decision-makers, as well as a listing of
all the program's high risks and the status of efforts to
address such risks; (c) an independent verification and
validation agent is currently under contract for the projects
funded under this heading; (d) and the certification required
under this paragraph should be accompanied by all documents or
memoranda, as well as documentation and a description of the
investment review processes used to obtain such certification;
(10) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the Secure
Border Initiative program are being addressed so as to ensure
adequate staff and resources to effectively manage the Secure
Border Initiative, together with a description of SBI staffing
priorities;
(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, and such
analysis should include cost, level of operational control,
possible unintended effects on communities, and other factors
critical to the decision making process; and
(12) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the Committees on
Appropriations of the Senate and the House of Representatives on
program progress, and obligations and expenditures for all outstanding
task orders as well as specific objectives to be achieved through the
award of 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 provided
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 of Homeland Security certifies such to the Committees on
Appropriations of the Senate and the House of Representatives: Provided
further, That none of the funds under this heading may be obligated for
any 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, $510,000,000, 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 2009
without the prior approval of the Committees on Appropriations of the
Senate and the House of Representatives.
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,
$363,501,000, to remain available until expended.
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;
$4,746,171,000, 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 as requested
by the President; 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 of the
total amount available, not less than $800,000,000 shall be available
to identify aliens convicted of a crime and to remove them from the
United States once they are judged deportable: Provided further, That
the Secretary of Homeland Security or a designee of the Secretary shall
report to the Committees on Appropriations of the Senate and the House
of Representatives, at least quarterly, on progress implementing the
preceding proviso, and the funds obligated during that quarter to make
that progress: Provided further, That the Secretary of Homeland
Security shall prioritize the identification and removal of aliens
convicted of a crime by the severity of that crime: 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 and in cases of immigration emergencies:
Provided further, That of the total amount provided, $15,770,000 shall
be for activities in fiscal year 2009 to enforce laws against forced
child labor, of which not to exceed $6,000,000 shall remain available
until expended: Provided further, That none of the funds provided under
this heading may be used to: (1) 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; or
(2) enter into any agreement delegating law enforcement authority to
any State or political subdivision of a State as authorized under such
section 287(g), other than at a jail, prison, or correctional
institution, unless the Assistant Secretary of U.S. Immigration and
Customs Enforcement reviews all requests from such State, including any
political subdivision within the State, for such delegated authority to
ensure that the Assistant Secretary gives priority to entering into
agreements that will maximize the identification of aliens who are
unlawfully present in the United States and have been convicted of
dangerous crimes: 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 contracted facility receives two
overall consecutive performance evaluations of less than ``adequate''
or the equivalent median score in any subsequent performance evaluation
system: Provided further, That the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, not later than January 5, 2009, a plan for
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: Provided further, That
nothing under this heading shall prevent U.S. Immigation and Customs
Enforcement from exercising those authorities provided under
immigration laws (as defined in section 101(a)(17) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(17))) during priority operations
pertaining to aliens convicted of a crime.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for 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 adjust security fees as necessary to ensure
fee collections are sufficient to ensure 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'').
automation modernization
For expenses of immigration and customs enforcement automated
systems, $57,000,000, to remain available until expended.
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,
$10,000,000, to remain available until expended: Provided, That none of
the funds made available under this heading 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
(including transfer of funds)
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,743,018,000, to remain
available until September 30, 2010, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not to
exceed $3,940,710,000 shall be for screening operations, of which
$294,000,000 shall be available only for procurement and installation
of checked baggage explosive detection systems; and not to exceed
$792,308,000 shall be for aviation security direction and enforcement:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That any funds collected and made
available from aviation security fees pursuant to section 44940(i) of
title 49, United States Code, may, notwithstanding paragraph (4) of
such section 44940(i), be expended for the purpose of improving
screening at airport screening checkpoints, which may include the
purchase and utilization of emerging technology equipment; the
refurbishment and replacement of current equipment; the installation of
surveillance systems to monitor checkpoint activities; the modification
of checkpoint infrastructure to support checkpoint reconfigurations;
and the creation of additional checkpoints to screen aviation
passengers and airport personnel: Provided further, That of the amounts
provided under this heading, $10,000,000 may be transferred to the
``Surface Transportation Security'', ``Transportation Threat Assessment
and Credentialing'', and ``Transportation Security Support''
appropriations in this Act for the purpose of implementing regulations
and activities authorized in the Implementing Recommendations of the 9/
11 Commission Act of 2007 (Public Law 110-53): 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 2009, so as to result in a final fiscal
year appropriation from the general fund estimated at not more than
$2,423,018,000: Provided further, That any security service fees
collected in excess of the amount made available under this heading
shall become available during fiscal year 2010.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation security
activities, $49,606,000, to remain available until September 30, 2010.
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, $108,807,000, to remain available until September
30, 2010: Provided, That if the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines that the
Secure Flight program does not need to check airline passenger names
against the full terrorist watch list, the Assistant Secretary shall
certify to the Committees on Appropriations of the Senate and the House
of Representatives that no significant security risks are raised by
screening airline passenger names only against a subset of the full
terrorist watch list.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing transportation 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), $950,235,000,
to remain available until September 30, 2010: Provided, That of the
funds appropriated under this heading, $10,000,000 may not be obligated
until the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives detailed
expenditure plans for checkpoint support and explosive detection
systems refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2009: Provided further, That these plans
shall be submitted no later than 60 days after the date of enactment of
this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals, $821,861,000.
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; minor shore construction projects not exceeding $1,000,000 in
total cost at any location; purchase of small boats with service lives
of five years or less; payments pursuant to section 156 of Public Law
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$6,201,830,000, of which $340,000,000 shall be for defense-related
activities; of which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not
to exceed $20,000 shall be for official reception and representation
expenses: 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
no funds may be obligated for operation of the Maritime Awareness
Global Network until the Commandant of the Coast Guard certifies that
Network complies with all applicable laws, including section 552a of
title 5, United States Code, and other laws protecting privacy, and
such certification is reviewed by the Inspector General of the
Department of Homeland Security: Provided further, That the Commandant
shall submit a financial management improvement plan that has been
reviewed by the Inspector General of the Department of Homeland
Security containing yearly, measurable milestones, to the Committees on
Appropriations of the Senate and the House of Representatives by
December 1, 2008: Provided further, That Coast Guard shall comply with
the requirements of section 527 of Public Law 108-136 with respect to
the Coast Guard Academy.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,000,000, to remain available until
expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program; personnel and
training costs; and equipment and services; $130,501,000.
acquisition, construction, and improvements
(including rescission)
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; $1,359,068,000, 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 $69,000,000 shall be available until
September 30, 2013, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $95,174,000 shall be
available until September 30, 2011, for other equipment; of which
$68,000,000 shall be available until September 30, 2011, for shore
facilities and aids to navigation facilities; of which $95,572,000
shall be available for personnel compensation and benefits and related
costs; of which $97,578,000 shall be available until expended for a new
Coast Guard headquarters; and of which $933,744,000 shall be available
until September 30, 2013, for the Integrated Deepwater Systems program:
Provided, That of the funds made available for the Integrated Deepwater
Systems program, $228,300,000 is for aircraft and $487,003,000 is for
surface ships: Provided further, That $500,000,000 of the funds
provided for the Integrated Deepwater Systems program may not be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive directly from the Coast Guard and
approve a plan for expenditure that--
(1) defines activities, milestones, yearly costs, and
lifecycle costs for each new procurement of a major asset,
including an independent cost estimate for each;
(2) identifies lifecycle staffing and training needs of
Coast Guard project managers and procurement and contract
staff;
(3) identifies competition to be conducted in, and
summarizes the approved acquisition strategy for, each
procurement;
(4) includes a certification by the Chief Human Capital
Officer of the Department of Homeland Security that current
human capital capabilities are sufficient to execute the plan;
(5) includes an explanation of each procurement that
involves an indefinite delivery/indefinite quantity contract
and explains the need for such contract;
(6) identifies individual project balances by fiscal year,
including planned carryover into fiscal year 2009 by project;
(7) identifies operational gaps by asset and explains how
funds provided in this Act address the shortfalls between
current operational capabilities and requirements;
(8) includes a listing of all open Government
Accountability Office and Office of Inspector General
recommendations related to the program and the status of Coast
Guard actions to address the recommendations, including
milestones for fully addressing them;
(9) includes a certification by the Chief Procurement
Officer of such Department that the program has been reviewed
and approved in accordance with the investment management
process of the Department, and that the process fulfills all
capital planning and investment control requirements and
reviews established by the Office of Management and Budget,
including Circular A-11, part 7;
(10) identifies use of the Defense Contract Audit Agency;
(11) identifies the use of independent validation and
verification; and
(12) is reviewed by the Government Accountability Office:
Provided further, That no funding may be obligated for low rate initial
production or initial production of any Integrated Deepwater Systems
program asset until Coast Guard revises its Major Systems Acquisition
Manual procedures to require a formal design review prior to the
authorization of low rate initial production or initial production;
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 2010
budget, a review of the Revised Deepwater Implementation Plan that
identifies any changes to the plan for the fiscal year; an annual
performance comparison of Integrated Deepwater Systems program assets
to pre-Deepwater legacy assets; a status report of legacy assets; a
detailed explanation of how the costs of legacy assets are being
accounted for within the Integrated Deepwater Systems program; and the
earned value management system gold card data for each Integrated
Deepwater Systems program asset: Provided further, That the Secretary
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a comprehensive review of the Revised
Deepwater Implementation Plan every five years, beginning in fiscal
year 2011, that includes a complete projection of the acquisition costs
and schedule for the duration of the plan through fiscal year 2027:
Provided further, That the Secretary shall annually submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is submitted
under section 1105(a) of title 31, United States Code, a future-years
capital investment plan for the Coast Guard that identifies for each
capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next five fiscal years or until project 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 of amounts unexpended under this heading in Public Law 108-334 for
VTOL unmanned aerial vehicles (VUAV), $20,000,000 is rescinded:
Provided further, That subsections (a), and (b) of section 6402 of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28) shall apply
to fiscal year 2009.
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), $12,000,000, to remain available until expended.
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;
$16,000,000, 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,
$1,236,745,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 675 vehicles for police-type use,
of which 645 shall be for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; services of expert witnesses at such rates as may be
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; $1,366,620,000; of
which not to exceed $25,000 shall be for official reception and
representation expenses; of which not to exceed $100,000 shall be to
provide technical 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 available until
expended for a grant for activities related to the investigations of
missing and exploited children: Provided, That up to $18,000,000 shall
be available until September 30, 2010, for protective travel: Provided
further, That up to $1,000,000 shall be available until expended for
National Special Security Events: Provided further, That the United
States Secret Service is authorized to obligate funds in anticipation
of reimbursements from Executive agencies, 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 available under this heading shall be available for the
protection of the head of a Federal agency other than the Secretary of
Homeland Security unless the Director of the United States Secret
Service enters into an agreement to perform such protection on a fully
reimbursable basis.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $4,225,000, to remain
available until expended.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk Management
and Analysis, $50,100,000: Provided, That not to exceed $5,000 shall be
for official reception and representation expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$846,756,000, of which $760,707,000 shall remain available until
September 30, 2010: Provided, That none of the funds made available
under this heading for development of the information technology system
known as the ``REAL ID hub'' shall be available to create any new
system of records from the data accessible by such information
technology system, or to create any means of access by Federal agencies
to such information technology system: Provided further, That of the
amount made available under this heading, $121,212,000 may not be
obligated for the National Cyber Security Initiative program,
$24,000,000 may not be obligated for the Next Generation Networks
program, and $14,100,000 may not be obligated for the National Command
and Coordination Capability program until the Committees on
Appropriations of the Senate and House of Representatives receive and
approve a plan for expenditure for that program that describes the
strategic context of the program; the specific goals and milestones set
for the program; and the funds allocated to achieving each of those
goals.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $390,300,000, to
remain available until expended: Provided, That of the total amount
made available under this heading, $90,000,000 may not be obligated for
the United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that includes--
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost
targets, and program management capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing such recommendations;
(4)(a) a certification by the Chief Procurement Officer of
the Department that (1) the program has been reviewed and
approved in accordance with the investment management process
of the Department; (2) the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
as provided in Circular A-11, part 7; and (3) the plans for the
program comply with the Federal acquisition rules,
requirements, guidelines, and practices; and (b) a description
by the Chief Procurement Officer of the actions being taken to
address areas of non-compliance, the risks associated with such
areas as well as any plans for addressing such risks, and the
status of the implementation of such actions;
(5)(a) a certification by the Chief Information Officer of
the Department that (1) an independent verification and
validation agent is currently under contract for the project;
(2) the system architecture of the program is sufficiently
aligned with the information systems enterprise architecture of
the Department to minimize future rework, including a
description of all aspects of the architecture that were or
were not assessed in making the alignment determination, the
date of the alignment determination, and any known areas of
misalignment along with the associated risks and corrective
actions to address any such areas; and (3) the program has a
risk management process that regularly identifies, evaluates,
mitigates, and monitors risks throughout the system life cycle,
and communicates high-risk conditions to agency and Department
investment decision makers; and (b) a listing by the Chief
Information Officer of all the program's high risks and the
status of efforts to address them;
(6) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report;
(7) a complete schedule for the full implementation of a
biometric exit program or a certification that such program is
not possible within five years;
(8) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services; and
(9) is reviewed by the Government Accountability Office:
Provided further, That no funding under this heading shall be obligated
for implementation of a final air exit solution pursuant to the notice
of proposed rulemaking (DHS-2008-0039) published on April 24, 2008,
until the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a report on pilot tests of the air
exit solution, which shall be reviewed by the Government Accountability
Office, and which shall test at least two scenarios: (a) where the
airlines collect and transmit biometric exit data as proposed in the
notice of proposed rulemaking and (b) where U.S. Customs and Border
Protection collects such information at the departure gates.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$134,404,000, of which $29,223,000 is for salaries and expenses; and of
which $105,181,000 is to remain available until September 30, 2010, for
biosurveillance, BioWatch, medical readiness planning, chemical
response, and other activities: Provided, That not to exceed $3,000
shall be for official reception and representation expenses.
Federal Emergency Management Agency
management and administration
For necessary expenses for management and administration of the
Federal Emergency Management Agency, $821,151,000, including activities
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of
1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.), and the Post-Katrina Emergency Management Reform Act of 2006
(Public Law 109-295; 120 Stat. 1394): Provided, That not to exceed
$3,000 shall be for official reception and representation expenses:
Provided further, That the President's budget submitted under section
1105(a) of title 31, United States Code, shall be detailed by office
for the Federal Emergency Management Agency: Provided further, That of
the total amount made available under this heading, $32,500,000 shall
be for the Urban Search and Rescue Response System, of which not to
exceed $1,600,000 may be made available for administrative costs:
Provided further, That of the total amount made available under this
heading, $6,342,000 shall be for the Office of National Capital Region
Coordination: Provided further, That of the total amount made available
under this heading, $5,000,000 shall be for the development of tools
and systems to measure the achievement and effectiveness of first
responder grant programs: Provided further, That of the funds made
available in the previous proviso, $2,500,000 shall not be available
for obligation until the Committees on Appropriations of the Senate and
the House of Representatives receive from the Secretary of Homeland
Security a detailed plan for expenditure that has been reviewed by the
Government Accountability Office.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $3,056,000,000 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 2009, the
Commonwealth of Puerto Rico shall make available to local and
tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $850,000,000 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, $15,000,000 shall be for grants to
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax section
501(a) of such code) determined by the Secretary to be at high-
risk of a terrorist attack.
(3) $50,000,000 shall be for the Metropolitan Medical
Response System in accordance with section 635 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(4) $15,000,000 shall be for the Citizens Corps Program.
(5) $400,000,000 shall be for public transportation
security assistance and railroad security assistance under
sections 1406 and 1513 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1135 and 1163): Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies: Provided further, That no cost share
shall be required from public transportation agencies or Amtrak
for such assistance.
(6) $400,000,000 shall be for port security grants in
accordance with 46 U.S.C. 70107.
(7) $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).
(8) $8,000,000 shall be for trucking industry security
grants.
(9) $50,000,000 shall be for the interoperable emergency
communications grant program under section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 579).
(10) $35,000,000 shall remain available until expended, for
grants for Emergency Operations Centers under section 614 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5196c), as detailed in the Committee report
accompanying this Act.
(11) $50,000,000 shall be for grants under section 204 of
the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301
note).
(12) $236,000,000 shall be for training, exercises,
technical assistance, and other programs:
Provided, That not to exceed 2 percent of the amounts provided under
this heading may be transferred to the Federal Emergency Management
Agency ``Management and Administration'' account for program
administration: Provided further, That for grants under paragraphs (1)
through (4), the applications for grants shall be made available to
eligible applicants not later than 25 days after the date of enactment
of this Act, that eligible applicants shall submit applications not
later than 90 days after the grant announcement, and that the
Administrator of the Federal Emergency Management Agency shall act
within 90 days after receipt of an application: Provided further, That
for grants under paragraphs (5) through (9), the applications for
grants shall be made available to eligible applicants not later than 30
days after the date of 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
grantees shall provide reports on their use of funds, as determined
necessary by the Secretary of Homeland Security: Provided further, That
(a) the Center for Domestic Preparedness may provide training to
emergency response providers from the Federal Government, foreign
governments, or private entities, if the Center for Domestic
Preparedness is reimbursed for the cost of such training, and any
reimbursement under this subsection shall be credited to the account
from which the expenditure being reimbursed was made and shall be
available, without fiscal year limitation, for the purposes for which
amounts in the account may be expended, (b) the head of the Center for
Domestic Preparedness shall ensure that any training provided under (a)
does not interfere with the primary mission of the Center to train
State and local emergency response providers: Provided further, That
the Government Accountability Office shall report to the Committees on
Appropriations of the Senate and the House of Representatives regarding
the data, assumptions, and methodology that the Department of Homeland
Security uses to assess risk and allocate grants under the Urban Area
Security Initiative and the State Homeland Security Grant Program not
later than 45 days after the date of enactment of this Act: Provided
further, That the report shall include an assessment of the reliability
and validity of the data used, the basis for the assumptions used, how
the methodology is applied to determine the risk scores for individual
locations, an analysis of the usefulness of placing States and cities
into tier groups, and the allocation of grants to eligible locations:
Provided further, That the Department shall provide the Government
Accountability Office with the actual data that the Department used for
its risk assessment and grant allocation for at least two locations at
the discretion of the Government Accountability Office for the 2008
grant allocation process: Provided further, That the Department shall
provide the Government Accountability Office access to all data needed
for its analysis and report, including specifics on all changes for the
fiscal year 2009 process, including all changes in data, assumptions,
and weights used in methodology, within seven days after the date of
enactment of this Act: Provided further, That any subsequent changes
made regarding the risk methodology after the initial information is
provided to the Government Accountability Office shall be provided
within seven days after the change is made.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$800,000,000, of which $570,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $230,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2010: Provided, That not to exceed
3 percent of the amount available under this heading shall be available
for program administration.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the 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.), $315,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total amount
appropriated under this heading.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2009, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and 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 to be
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, 2009,
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.), $44,979,000.
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,900,000,000, to remain available until expended: Provided, That of
the total amount provided, $15,000,000 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 up to $90,600,000 may be transferred to
``Management and Administration'', Federal Emergency Management Agency
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 implementation 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.
Provided further, That 30 days after the date on which the President
declares that a major disaster exists, the Administrator of the Federal
Emergency Management Agency shall submit to Congress, and shall publish
on the website of the Federal Emergency Management Agency, a report
that summarizes damage assessment information used to make a
declaration that a major disaster exists, except that the Administrator
may redact from such a report any data that the Administrator
determines would compromise national security.
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:
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.), $156,599,000, which shall be derived from
offsetting collections assessed and collected under section 1308(b)(3)
of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(b)(3)), and
which shall be available as follows: (1) not to exceed $49,418,000 for
salaries and expenses associated with flood mitigation and flood
insurance operations; and (2) no less than $107,181,000 for flood plain
management and flood mapping, to remain available until September 30,
2010: Provided, That any additional fees collected pursuant to section
1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) shall
be credited as an offsetting collection to this account, to be
available for flood plain management and flood mapping: Provided
further, That in fiscal year 2009, no funds shall be available from the
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)
$869,905,000 for commissions and taxes of agents; (3) such sums as are
necessary for interest on Treasury borrowings; and (4) $125,700,000
which shall remain available until expended for flood mitigation
activities, of which $80,000,000 is for severe repetitive loss
properties under section 1361A of that Act (42 U.S.C. 4102a), of which
$10,000,000 is for repetitive insurance claims properties under section
1323 of that Act (42 U.S.C. 4030), and of which $35,700,000 is for
flood mitigation assistance under section 1366 of that Act (42 U.S.C.
4104c) notwithstanding subparagraphs (B) and (C) of subsection (b)(3)
and subsection (f) of section 1366 (42 U.S.C. 4104c) and subsection
(a)(7) of section 1310 of that Act (42 U.S.C. 4017): Provided further,
That amounts collected under section 102 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(i) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c(i)) 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 (42 U.S.C. 4104c), notwithstanding subsection
(f)(8) of such section 102, subsection (i) of such section 1366, and
paragraphs (2) and (3) of section 1367(b) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104d(b)): 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), notwithstanding subsection (m) of such section,
$75,000,000, to remain available until expended and as detailed in the
Committee report 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.
cerro grande fire claims
Of the funds made available under this heading for obligation in
prior years, $9,000,000 are cancelled.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$101,740,000; Provided, 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, of which two are for replacement only, for areas where
the Administrator of General Services does not provide vehicles for
lease: Provided further, That the Director of United States Citizenship
and Immigration Services may authorize employees who are assigned to
those areas to use such vehicles between the employees' residences and
places of employment.
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; $242,530,000, of which up to $48,611,000 shall
remain available until September 30, 2010 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 110-161 (121 Stat.
2068), is further amended by striking ``December 31, 2010'' and
inserting ``December 31, 2011''; 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.), $132,100,000: Provided,
That not to exceed $15,000 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.); $754,897,000, to remain
available until expended: Provided, That none of the funds made
available under this heading shall be obligated for a follow-on program
to the Analysis, Dissemination, Visualization, Insight, and Semantic
Enhancement program: Provided further, That none of the funds available
under this heading shall be available for the design and construction
of a National Bio and Agro-defense Facility located on the United
States mainland until the Secretary of Homeland Security completes a
risk analysis of whether foot-and-mouth disease work can be done safely
on the United States mainland and this risk assessment is reviewed by
the Government Accountability Office.
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.) for management and administration of programs and
activities, $35,475,000: 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, $333,200,000, to
remain available until expended.
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, $175,700,000, to remain
available until September 30, 2011: Provided, That none of the funds
appropriated under this heading 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: 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 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
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 2009, 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 2009 Budget Appendix for the Department of
Homeland Security, 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 2009, 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. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to make
payments to the ``Department of Homeland Security Working Capital
Fund'', except for the activities and amounts allowed in the
President's fiscal year 2009 budget, but not including sedan service,
shuttle service, transit subsidy, mail operations, parking, and
competitive sourcing: Provided, That any additional activities and
amounts shall be approved by the Committees on Appropriations of the
Senate and the House of Representatives 30 days in advance of
obligation.
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 2009 from appropriations for salaries and expenses
for fiscal year 2009 in this Act shall remain available through
September 30, 2010, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation of
such funds, a request shall be submitted to and approved by the
Committees on Appropriations of the Senate and the House of
Representatives 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 2009 until the enactment of an Act authorizing
intelligence activities for fiscal year 2009.
Sec. 507. None of the funds made available by this Act may be used
to make a grant allocation, discretionary grant award, discretionary
contract award, or to issue a letter of intent totaling in excess of
$1,000,000, or to 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 three full business days in advance: Provided,
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 in 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 five full business days in advance of
announcing publicly the intention of making an award under State
Homeland Security Grant Program; and under the Urban Area Security
Initiative.
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 may obtain the temporary use of additional facilities
by lease, contract, or other agreement for training that 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 512, 519, 520, 522, 523, 528, 529, 530, 531,
and 556 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. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation,
on other than a test basis, of the Secure Flight program or any other
follow-on or successor passenger prescreening program, until the
Secretary of Homeland Security certifies, and the Government
Accountability Office reports, to the Committees on Appropriations of
the Senate and the House of Representatives, that all ten of the
conditions contained in paragraphs (1) through (10) of section 522(a)
of Public Law 108-334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be submitted within
90 days after the Secretary provides the requisite certification, and
periodically thereafter, if necessary, until the Government
Accountability Office confirms that all ten conditions have been
successfully met.
(c) Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
detailed plan that describes: (1) the dates for achieving key
milestones, including the date or timeframes that the Secretary will
certify the program under subsection (a); and (2) the methodology to be
followed to support the Secretary's certification, as required under
subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers,
or reservation systems may be used to screen aviation passengers, or
delay or deny boarding to such passengers, except in instances where
passenger names are matched to a Government watch list.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk to
passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or any other Act may be used
for data or a database that is obtained from or remains under the
control of a non-Federal entity: Provided, That this restriction shall
not apply to Passenger Name Record data obtained from air carriers.
Sec. 512. 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. 513. (a) The Secretary of Homeland Security shall research,
develop, and procure new technologies to inspect and screen air cargo
carried on passenger aircraft by the earliest date possible.
(b) Existing checked baggage explosive detection equipment and
screeners shall be utilized to screen air cargo carried on passenger
aircraft to the greatest extent practicable at each airport until
technologies developed under subsection (a) are available.
(c) The Assistant Secretary of Homeland Security (Transportation
Security Administration) shall work with air carriers and airports to
ensure that the screening of cargo carried on passenger aircraft, as
defined in section 44901(g)(5) of title 49, United States Code,
increases incrementally each quarter.
(d) 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 requirements of section
44901(g)(2) of title 49, United States Code.
Sec. 514. 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, for air cargo, baggage, and checkpoint screening systems,
subject to notification: Provided, That quarterly reports shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives on any funds that are recovered or
deobligated.
Sec. 515. 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 during fiscal year 2009.
Sec. 516. Within 45 days after the close of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report that includes
total obligations, on-board versus funded full-time equivalent staffing
levels, and the number of contract employees by office.
Sec. 517. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2008'' and inserting ``2009''.
Sec. 518. In fiscal year 2009, none of the funds made available in
this or any other Act may be used to enforce section 4025(1) of Public
Law 108-458 unless the Assistant Secretary of Homeland Security
(Transportation Security Administration) reverses the determination of
July 19, 2007, that butane lighters are not a significant threat to
civil aviation security.
Sec. 519. None of the funds provided in this Act may be used to
reduce operations within the Civil Engineering Program of the Coast
Guard nationwide, including the civil engineering units, facilities,
design and construction centers, maintenance and logistics command
centers, and the Coast Guard Academy, except as specifically authorized
by a statute enacted after the date of the enactment of this Act.
Sec. 520. (a) Except as provided in subsection (b), none of the
funds appropriated in this 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 awarded by a means other than full and open
competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, such as the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.);
(2) under the Small Business Act (15 U.S.C. 631 et seq.);
(3) in an amount less than the simplified 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 to the award of a contract in
the period of a national emergency determined by the Secretary; and
(2) Not later than five 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.
(d) In addition to the requirements established by this section,
the Inspector General of the Department of Homeland Security shall
review departmental contracts awarded through other than 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 other than full
and open competition: Provided further, That in determining which
contracts to review, the Inspector General shall consider the cost and
complexity of the goods and services to be provided under a contract,
the criticality of a contract to fulfilling Department missions, past
performance problems on similar contracts or by a selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General considers relevant:
Provided further, That the Inspector General shall report the results
of the reviews to the Committees on Appropriations of the Senate and
the House of Representatives.
Sec. 521. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official for any Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies or to designate such positions if any Federal
Coordinating Officer is also designated at the same time.
Sec. 522. 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. 523. 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. 524. 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 established under section 401
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note).
Sec. 525. 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. 526. 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,
2008,'' and inserting ``Until September 30, 2009 and subject to
subsection (d),'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Additional Requirements.--
``(1) In general.--The authority of the Secretary under
this section shall terminate September 30, 2008, unless before
that date the Secretary--
``(A) issues policy guidance detailing the
appropriate use of that authority; and
``(B) provides additional training to each employee
that is authorized to exercise that authority.
``(2) Report.--The Secretary shall provide an annual report
to the Committees on Appropriations of the Senate and the House
of Representatives and the Committee on Homeland Security of
the House of Representatives detailing the projects for which
the authority granted by subsection (a) was used, the rationale
for its use, the funds spent using that authority, the outcome
of each project for which that authority was used, and the
results of any audits of such projects.''.
Sec. 527. Notwithstanding any other provision of law, if the
Secretary of Homeland Security determines that the National Bio and
Agro-defense Facility should be located at a site other than Plum
Island, the Secretary is authorized to liquidate the Plum Island asset
by directing the Administrator of General Services to sell through
public sale all real and related personal property and transportation
assets that 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 into a separate account that shall be available,
along with any other available appropriations, for use by the Secretary
in the acquisition of the site for and the construction of the National
Bio and Agro-defense Facility: Provided further, That the Secretary may
use such gross proceeds of sale to reimburse any fund of the Secretary
used to pay for the costs associated with the sale, including due
diligence requirements, necessary environmental remediation, and
reimbursement of expenses incurred by the General Services
Administration which shall not exceed 1 percent of the sale price:
Provided further, That the net proceeds remaining after such use shall
be available to the Secretary for design and construction of a new
Department of Homeland Security headquarters facility, excluding daily
operations and maintenance costs: Provided further, That the proceeds
derived from the sale shall be available to the Secretary without
further appropriation until expended and subject to approval pursuant
to section 503 of this Act.
Sec. 528. Any official that is required by this Act to perform any
act may not delegate any authority to perform that act unless
specifically authorized by this Act to delegate that authority.
Sec. 529. Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a listing
of programs, projects, and activities by account, including all
specific dollar amounts specified in the bill and report from which all
reprogrammings will be based.
Sec. 530. (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 5
U.S.C. 9701(a), or by regulations prescribed pursuant to such section,
for an employee as defined in 5 U.S.C. 7103(a)(2).
(b) The Secretary of Homeland Security shall collaborate with
employee representatives in the manner prescribed in 5 U.S.C. 9701(e),
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 5 U.S.C. 7103(a)(2).
Sec. 531. 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 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. 532. In the current fiscal year and any fiscal year
thereafter, none of the funds made available to the Department of
Homeland Security in this or any other Act may be used for a grant or
contract for any project that does not comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code. The
President may suspend the application of the preceding sentence during
a national emergency.
Sec. 533. Section 520 of Public Law 108-90 (6 U.S.C. 469) is
amended--
(1) by inserting ``(a) Fees.--'' before ``For fiscal year
2004 and thereafter''; and
(2) by adding at the end the following:
``(b) Recurrent Training of Aliens in Operation of Aircraft.--
``(1) Process for reviewing threat assessments.--
Notwithstanding section 44939(e) of title 49, United States
Code, the Secretary shall establish a process to ensure that an
alien (as defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)) applying for recurrent
training in the operation of any aircraft is properly
identified and has not, since the time of any prior threat
assessment conducted pursuant to section 44939(a) of such
title, become a risk to aviation or national security.
``(2) Interruption of training.--If the Secretary
determines, in carrying out the process established under
paragraph (1), that an alien is a present risk to aviation or
national security, the Secretary shall immediately notify the
person providing the training of the determination and that
person shall not provide the training or if such training has
commenced that person shall immediately terminate the training.
``(3) Fees.--The Secretary may charge reasonable fees under
subsection (a) for providing credentialing and background
investigations for aliens in connection with the process for
recurrent training established under paragraph (1). Such fees
shall be promulgated by notice in the Federal Register.''.
Sec. 534. (a) Not later than six months from 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 aerial systems in 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 House of Representatives
not later than 30 days after enactment of this Act on any foreseeable
challenges to complying with subsection (a).
Sec. 535. None of the funds made available in this Act for United
States 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. 536. Except as provided in section 514 of this Act, the
Secretary of Homeland Security may utilize cost savings from any
recovered or deobligated funds for fiscal years 2004 through 2008 and
funds appropriated for fiscal year 2009 that may not be necessary due
to staffing shortfalls in the Department of Homeland Security, for fuel
costs that exceed the amount requested in the fiscal year 2009 budget
request: 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 utilized for fuel expenses:
Provided further, That these reports shall clearly delineate the
funding source and explain why the funds are available for obligation.
Sec. 537. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an airport
does not need to participate in the basic pilot program, the Assistant
Secretary shall certify to the Committees of Appropriations of the
Senate and the House of Representatives that no security risks will
result by such non-participation.
TITLE VI--ADDITIONAL DISASTER ASSISTANCE FOR FISCAL YEAR 2008 FOR
MIDWESTERN UNITED STATES AND OTHER PURPOSES
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
disaster assistance direct loan program account
For an additional amount for ``Disaster Assistance Direct Loan
Program Account'' for the cost of direct loans as authorized under
section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184), $93,950,000, to become available upon
the enactment of this Act and to remain available until expended, and
to be used to assist local governments affected by recent floods and
tornadoes in the Midwestern United States and for other purposes in
providing essential services, of which $500,000 is for administrative
expenses to carry out the direct loan program: Provided, That such
funds may be made to subsidize gross obligations for the principal
amount of direct loans not to exceed $100,000,000: Provided further,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That the amounts provided under this heading are
designated as an emergency requirement and necessary to meet emergency
needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and 2009.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2009''.
Union Calendar No. 558
110th CONGRESS
2d Session
H. R. 6947
[Report No. 110-862]
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A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2009, and for other purposes.
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September 18, 2008
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed