S 3181
Calendar No. 830
110th CONGRESS
2d Session
S. 3181
[Report No. 110-396]
Making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2009, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 23, 2008
Mr. BYRD, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
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 fiscal year ending September 30,
2009, for the Department of Homeland Security and for other purposes,
namely:
TITLE I
DEPARTMENT OF HOMELAND SECURITY
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, $123,299,000: Provided, That
not to exceed $60,000 shall be for official reception and representation
expenses, of which $20,000 shall be made available to the Office of
Policy solely to host Visa Waiver Program negotiations in Washington,
DC: Provided further, That $15,000,000 shall not be available
for obligation until the Secretary certifies and reports to the Committees
on Appropriations of the Senate and the House of Representatives that
the Department has implemented revised Departmental guidance with respect
to relations with the Government Accountability Office: Provided
further, That $10,000,000 shall not be available for obligation
until the Secretary of Homeland Security, in coordination with the Administrator
of the Federal Emergency Management Agency, certifies and reports to
the Committees on Appropriations that processes to incorporate stakeholder
input for grant guidance development and award distribution have been:
(1) developed to ensure transparency and increased information gathering
about security needs for all-hazards; (2) formalized and made clear
to stakeholders; and (3) formalized to ensure future use for each fiscal
year.
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), $310,803,000, 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: Provided
further, That of the total amount provided, $120,000,000 shall
remain available until expended solely for planning, design, and construction
costs to consolidate the Headquarters, operations coordination, and
policy and program management functions in a secure setting.
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), $56,235,000, of which $12,000,000 shall remain available
until expended for financial systems consolidation efforts.
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, $274,669,000;
of which $86,928,000 shall be available for salaries and expenses; and
of which $187,741,000, 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, of which not less than $23,830,000 shall be available
for data center development and an additional $22,300,000 shall be available
to support costs of transition to the National Center for Critical Information
Processing and Storage: Provided, That $200,000,000 of the
total amount appropriated under this heading shall not be available
for obligation until the Committee on Appropriations of the Senate receives
the report on data center transition: Provided further, That
the Chief Information Officer shall submit to the Committees on Appropriations
of the Senate and the House of Representatives, not more than 60 days
after the date of enactment of this Act, an expenditure plan for all
information technology acquisition projects that: (1) are funded under
this heading; or (2) are funded by multiple components of the Department
of Homeland Security through reimbursable agreements: Provided further,
That such expenditure plan shall include each specific project funded,
key milestones, all funding sources for each project, details of annual
and lifecycle costs, and projected cost savings or cost avoidance to
be achieved by the project.
Analysis and Operations
(INCLUDING RESCISSION OF FUNDS)
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.), $320,200,000, of which not to exceed $5,000
shall be for official reception and representation expenses; and of
which $220,021,000 shall remain available until September 30, 2010:
Provided, That of the amounts made available under this heading
in Public Law 110-161, $2,500,000 are rescinded.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $2,700,000.
Office of Inspector General
OPERATING EXPENSES
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.),
$96,013,000, 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
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for enforcement of laws relating to border security,
immigration, customs, agricultural inspections and regulatory activities
related to plant and animal imports, and transportation of unaccompanied
minor aliens; purchase and lease of up to 6,300 (3,300 for replacement
only) police-type vehicles; and contracting with individuals for personal
services abroad; $7,536,314,000, 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 $271,679,000 shall be for Air and Marine Operations; of which $4,500,000,
shall be for the 2010 Olympics Coordination Center, of which not to
exceed $2,000,000 shall be available until September 30, 2010; 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 of the amounts
made available under this heading in Public Law 110-161, $13,000,000
are rescinded.
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 that includes:
(1) a detailed accounting of the program's progress up to the date
of the report in meeting prior commitments made to the Committees
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, with
the status of the Department's efforts to address the recommendations,
including milestones for fully addressing them;
(4) a certification by the Chief Procurement Officer of the Department
that the program has been reviewed and approved in accordance with
the investment management process of the Department, and that the
process fulfills all capital planning and investment control requirements
and reviews established by the Office of Management and Budget, including
Circular A-11, part 7, as well as supporting analyses generated by
and used in the Department's process;
(5) a certification by the Chief Information Officer of the Department
that an independent validation and verification agent has and will
continue to actively review the program;
(6) a certification by the Chief Information Officer of the Department
that 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 and were not assessed in making the
alignment determination, the date of the alignment determination,
any known areas of misalignment along with the associated risks and
corrective actions to address any such areas;
(7) a certification by the Chief Information Officer of the Department
that the program has a risk management process that regularly and
proactively identifies, evaluates, mitigates, and monitors risks throughout
the system life cycle, and communicates high-risk conditions to U.S.
Customs and Border Protection and Department of Homeland Security
investment decision makers, as well as a listing of the program's
high risks and the status of efforts to address them;
(8) a certification by the Chief Procurement Officer of the Department
that the plans for the program comply with the Federal acquisition
rules, requirements, guidelines, and practices, and a description
of the actions being taken to address areas of non-compliance, the
risks associated with them along with any plans for addressing these
risks and the status of their implementation; and
(9) 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.
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 the Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of Representatives a plan
for expenditure within 90 days after the date of enactment of this Act,
for a program to establish and maintain a security barrier along the
borders of the United States of fencing and vehicle barriers, where
practicable, and other forms of tactical infrastructure and technology,
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, program management
capabilities, identification of the maximum investment (including
lifecycle costs) required by the Secure Border Initiative network
or any successor contract, and description of the methodology used
to obtain these cost figures;
(2) a description of how activities will further the objectives of
the Secure Border Initiative, as defined in the Secure Border Initiative
multi-year strategic plan, and how the 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) a description of how the plan addresses security needs at the
Northern Border and the ports of entry, including infrastructure,
technology, design and operations requirements;
(5) a report on costs incurred, the activities completed, and the
progress made by U.S. Customs and Border Protection in terms of obtaining
operational control of the entire border of the United States;
(6) a listing of all open Government Accountability Office and Office
of Inspector General recommendations related to the program and the
status of Department of Homeland Security actions to address the recommendations,
including milestones to fully address them;
(7) a certification by the Chief Procurement Officer of the Department
that the program has been reviewed and approved in accordance with
the investment management process of the Department, and that the
process fulfills all capital planning and investment control requirements
and reviews established by the Office of Management and Budget, including
Circular A-11, part 7;
(8) a certification by the Chief Procurement Officer of the Department
that the plans for the program comply with the Federal acquisition
rules, requirements, guidelines, and practices, and a description
of the actions being taken to address areas of non-compliance, the
risks associated with them along with any plans for addressing these
risks, and the status of their implementation;
(9) a certification by the Chief Procurement Officer of the Department
of Homeland Security that procedures to prevent conflicts of interest
between the prime integrator and major subcontractors are established,
a certification by the Chief Information Officer of the Department
of Homeland Security that an independent verification and validation
agent is currently under contract for the projects funded under this
heading;
(10) a certification by the Chief Information Officer of the Department
that 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 and 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;
(11) a certification by the Chief Information Officer of the Department
that the program has a risk management process that regularly and
proactively identifies, evaluates, mitigates, and monitors risks throughout
the system life cycle and communicates high-risk conditions to U.S.
Customs and Border Protection and Department of Homeland Security
investment decision makers, as well as a listing of all the program's
high risks and the status of efforts to address them;
(12) 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, that current human capital capabilities are
sufficient to execute the plans discussed in the report; and
(13) is reviewed by the Government Accountability Office.
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, $528,000,000, 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, $403,201,000, to remain
available until expended; of which $39,700,000 shall be for the Advanced
Training Center: Provided, That for fiscal year 2010 and thereafter,
the annual budget submission of U.S. Customs and Border Protection for
`Construction' shall, in consultation with the General Services Administration,
include a detailed 5-year plan for Federal land border port of entry
projects with a yearly update of total projected future funding needs.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
For necessary expenses for enforcement of immigration and customs laws,
detention and removals, and investigations; and purchase and lease of
up to 3,790 (2,350 for replacement only) police-type vehicles; $4,932,210,000,
of which not to exceed $7,500,000 shall be available until expended
for conducting special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed $15,000
shall be for official reception and representation expenses; of which
not to exceed $1,000,000 shall be for awards of compensation to informants,
to be accounted for solely under the certificate of the Secretary of
Homeland Security; of which not less than $305,000 shall be for promotion
of public awareness of the child pornography tipline and anti-child
exploitation activities; of which not less than $5,400,000 shall be
used to facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which not
to exceed $11,216,000 shall be available to fund or reimburse other
Federal agencies for the costs associated with the care, maintenance,
and repatriation of smuggled illegal aliens: Provided, That
none of the funds made available under this heading shall be available
to compensate any employee for overtime in an annual amount in excess
of $35,000, except that the Secretary 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
to enforce laws against forced child labor in fiscal year 2009, of which
not to exceed $6,000,000 shall remain available until expended: Provided
further, That of the total amount provided, not less than $2,478,004,000
is for detention and removal operations, including transportation of
unaccompanied minor aliens: Provided further, That of the total
amount provided, $160,000,000 shall remain available until September
30, 2010, to improve and modernize efforts to identify aliens convicted
of a crime, sentenced to imprisonment, and who may be deportable, and
remove them from the United States once they are judged deportable:
Provided further, That of the total amount provided, $6,800,000
shall remain available until September 30, 2010, for the Visa Security
Program.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to this account
shall be available until expended for necessary expenses related to
the protection of federally-owned and leased buildings and for the operations
of the Federal Protective Service: Provided, That the Secretary
of Homeland Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on Appropriations
of the Senate and the House of Representatives no later than December
31, 2008, that the operations of the Federal Protective Service will
be fully funded in fiscal year 2009 through revenues and collection
of security fees, and shall adjust the fees to ensure fee collections
are sufficient to ensure that the Federal Protective Service maintains
not fewer than 1,200 full-time equivalent staff and 900 full-time equivalent
Police Officers, Inspectors, Area Commanders, and Special Agents who,
while working, 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: Provided,
That of the funds made available under this heading, $5,000,000 shall
not be obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive a plan for expenditure prepared
by the Secretary of Homeland Security.
Transportation Security Administration
AVIATION SECURITY
(INCLUDING RESCISSION 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), $4,671,518,000, 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 $3,861,710,000
shall be for screening operations, of which $621,106,000 shall be available
for explosives detection systems; and not to exceed $809,808,000 shall
be for aviation security direction and enforcement: Provided further,
That of the amount made available in the preceding proviso for explosives
detection systems, $294,000,000 shall be available for the purchase
and installation of these systems, of which not less than $84,500,000
shall be available for the purchase and installation of certified explosives
detection systems at medium- and small-sized airports: 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 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 $2,351,518,000: 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: Provided
further, That Members of the United States House of Representatives
and United States Senate, including the leadership; and the heads of
Federal agencies and commissions, including the Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland Security; the
United States Attorney General and Assistant Attorneys General and the
United States attorneys; and senior members of the Executive Office
of the President, including the Director of the Office of Management
and Budget; shall not be exempt from Federal passenger and baggage screening:
Provided further, That of amounts made available under this
heading in Public Law 110-161 for employee screening pilots, $7,300,000
are rescinded.
SURFACE TRANSPORTATION SECURITY
For necessary expenses of the Transportation Security Administration
related to providing surface transportation security activities, $63,506,000,
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,
$119,618,000, 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, then 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, $30,000,000 may not be obligated for
headquarters administration until the Secretary of Homeland Security
submits to the Committees on Appropriations of the Senate and the House
of Representatives detailed expenditure plans for checkpoint support
and explosives detection systems refurbishment, procurement, and installations
on an airport-by-airport basis for fiscal year 2009: Provided further,
That these plans shall include: specific technologies planned for purchase;
project timelines; a schedule for obligation; and a table detailing
actual unobligated balances versus anticipated unobligated balances
at the close of the fiscal year: Provided further, That these
plans shall be submitted no later than 60 days after the date of enactment
of this Act and updated quarterly.
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals, $799,100,000.
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; for
purchase or lease of small boats for contingent and emergent requirements
(at a unit cost of no more than $750,000) and for repairs and service-life
replacements, not to exceed a total of $26,000,000; minor shore construction
projects not exceeding $1,000,000 in total cost at any location; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96
Stat. 1920); and recreation and welfare; $6,280,497,000, 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)); of which not to exceed $20,000 shall be for official
reception and representation expenses; and of which $3,600,000 shall
be available for the cost of repairing, rehabilitating, altering, modifying,
and making improvements, including customized tenant improvements, to
any replacement or expanded Operations Systems Center facility: Provided,
That none of the funds made available by this 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
notwithstanding any other provision of law, $4,000,000 of the amounts
made available under this heading may be available to maintain the USCGC
POLAR STAR in caretaker status: Provided further, That of the
total amount appropriated under this heading, $7,600,000 may be available
to operate the USCGC ACUSHNET through fiscal year 2009.
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, $12,315,000, 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
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;
$1,266,818,000, of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5)
of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $113,000,000
shall be available until September 30, 2013, to acquire, repair, renovate,
or improve vessels, small boats, and related equipment; of which $89,174,000
shall be available until September 30, 2011, for other equipment; of
which $50,000,000 shall be available until September 30, 2011, for shore
facilities and aids to navigation facilities; of which $500,000 shall
be available for personnel related costs; and of which $1,014,144,000
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, $255,000,000 is for aircraft
and $540,703,000 is for surface ships: Provided further, That
the Commandant shall submit a plan for expenditure to the Committees
on Appropriations of the Senate and House of Representatives within
60 days after the date of enactment of this Act for funds made available
for the Integrated Deepwater Program, that--
(1) defines activities, milestones, yearly costs, and lifecycle costs
for each 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 of procurement and contract staff;
(3) identifies competition to be conducted in each procurement;
(4) describes procurement plans that do not rely on a single industry
entity or contract;
(5) includes a certification by the Chief Human Capital Officer of
the Department that current human capital capabilities are sufficient
to execute the plans discussed in the report;
(6) contains very limited indefinite delivery/indefinite quantity
contracts and explains the need for any indefinite delivery/indefinite
quantity contracts;
(7) identifies individual project balances by fiscal year, including
planned carryover into fiscal year 2010 by project;
(8) identifies operational gaps by asset and explains how funds provided
in this Act address the shortfalls between current operational capabilities
and requirements;
(9) 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;
(10) includes a certification by the Chief Procurement Officer of
the Department that the program has been reviewed and approved in
accordance with the investment management process of the Department,
and that the process fulfills all capital planning and investment
control requirements and reviews established by the Office of Management
and Budget, including Circular A-11, part 7;
(11) identifies use of the Defense Contract Auditing Agency;
(12) includes a certification by the head of contracting activity
for the Coast Guard and the Chief Procurement Officer of the Department
that the plans for the program comply with the Federal acquisition
rules, requirements, guidelines, and practices, and a description
of the actions being taken to address areas of non-compliance, the
risks associated with them along with plans for addressing these risks,
and the status of their implementation;
(13) identifies the use of independent validation and verification;
and
(14) is reviewed by the Government Accountability Office:
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 Deepwater 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 Deepwater program;
and the earned value management system gold card data for each Deepwater
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 5 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 5 fiscal
years or until project completion, whichever is earlier;
(4) an estimated completion date at the projected funding levels;
and
(5) changes, if any, in the total estimated cost of completion or
estimated completion date from previous future-years capital investment
plans submitted to the Committees on Appropriations of the Senate
and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent
to the maximum extent practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard
in the President's budget as submitted under section 1105(a) of title
31, United States Code, for that fiscal year: Provided further,
That any inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified.
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),
$16,000,000, to remain available until expended: Provided,
That of the amounts made available under this heading, $2,125,000 shall
be for the Burlington Northern Railroad Bridge in Burlington, Iowa;
$2,125,000 shall be for the Canadian Pacific Railway Bridge in LaCrosse,
Wisconsin; $2,125,000 shall be for the Chelsea Street Bridge in Chelsea,
Massachusetts; $2,125,000 shall be for the Elgin, Joliet, and Eastern
Railway Company Bridge in Morris, Illinois; $3,750,000 shall be for
the Fourteen Mile Bridge in Mobile, Alabama; and $3,750,000 shall be
for the Galveston Causeway Bridge in Galveston, Texas.
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;
$1,414,279,000; of which not to exceed $25,000 shall be for official
reception and representation expenses; of which not to exceed $100,000
shall be to provide technical assistance and equipment to foreign law
enforcement organizations in counterfeit investigations; of which $2,366,000
shall be for forensic and related support of investigations of missing
and exploited children; and of which $6,000,000 shall be for a grant
for activities related to the investigations of missing and exploited
children and shall remain available until expended: Provided,
That up to $18,000,000 provided for protective travel shall remain available
until September 30, 2010: Provided further, That up to $1,000,000
for National Special Security Events shall remain available until expended:
Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements from
Federal agencies and entities, as defined in section 105 of title 5,
United States Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary 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 the limitation in the preceding
proviso shall not take effect until the Director of the Office of Management
and Budget submits to the Committees on Appropriations of the Senate
and the House of Representatives a report certifying that such a limitation
on compensation will not have a significant effect on operations of
the United States Secret Service.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For necessary expenses for acquisition, construction, repair, alteration,
and improvement of facilities, $3,725,000, 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,
$52,600,000: 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.), $808,004,000, of which
$720,151,000 shall remain available until September 30, 2010: Provided,
That of the total amount provided, $20,000,000 is for necessary expenses
of the National Infrastructure Simulation and Analysis Center.
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), $180,300,000, to remain available until
expended.
OFFICE OF HEALTH AFFAIRS
For the necessary expenses of the Office of Health Affairs, $171,339,000;
of which $39,210,000 is for salaries and expenses; and of which $111,606,000
is for biosurveillance, BioWatch, medical readiness planning, chemical
response related activities for the Department of Homeland Security
and shall remain available until September 30, 2010: 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, $892,507,000, including activities authorized
by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National Security Act
of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the
Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295;
120 Stat. 1394), and the Implementing Recommendations of the 9/11 Commission
Act of 2007: Provided, That not to exceed $3,000 shall be for
official reception and representation expenses: Provided further,
That the President's budget submitted under section 1105(a) of title
31, United States Code, shall be detailed by office for the Federal
Emergency Management Agency: Provided further, That $10,000,000
shall not be available for obligation until the Secretary of Homeland
Security, in coordination with the Administrator of the Federal Emergency
Management Agency, certifies and reports to the Committees on Appropriations
that processes to incorporate stakeholder input for grant guidance development
and award distribution have been: (1) developed to ensure transparency
and increased information gathering about security needs for all-hazards;
(2) formalized and made clear to stakeholders; and (3) formalized to
ensure future use for each fiscal year: Provided further, That
of the total amount made available under this heading, up to $3,200,000
shall be available for the Reserve Workforce Credentialing and Recruitment
Plan: Provided further, That of the total amount made available
under this heading, $32,500,000 shall be for the Urban Search and Rescue
Response System, of which not to exceed $1,600,000 may be made available
for administrative costs; and $6,342,000 shall be for the Office of
National Capital Region Coordination: Provided further, That
for purposes of planning, coordination, execution, and decision-making
related to mass evacuation during a disaster, the Governors of the State
of West Virginia and the Commonwealth of Pennsylvania, or their designees,
shall be incorporated into efforts to integrate the activities of Federal,
State, and local governments in the National Capital Region, as defined
in section 882 of Public Law 107-296, the Homeland Security Act of 2002.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other activities,
$3,029,400,000 shall be allocated as follows:
(1) $890,000,000 shall be for the State Homeland Security Grant Program
under section 2004 of the Homeland Security Act of 2002 (6 U.S.C.
605); of which $50,000,000, to be allocated at the discretion of the
Secretary of Homeland Security, shall be for grants under section
204 of the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301
note).
(2) $825,000,000 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, $20,000,000
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) $35,000,000 shall be for Regional Catastrophic Preparedness Grants.
(4) $33,000,000 shall be for the Metropolitan Medical Response System
under section 635 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizens Corps Program.
(6) $400,000,000 shall be for Public Transportation Security Assistance
and Railroad Security Assistance under sections 1406 and 1513 of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1135 and 1163), of which not less than $25,000,000
shall be for Amtrak security pursuant to section 1514 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53):
Provided, That there shall be no cost share requirement for
funds made available under this paragraph and made available for these
same purposes in Public Law 110-161.
(7) $400,000,000 shall be for Port Security Grants in accordance with
46 U.S.C. 70107.
(8) $12,000,000 shall be for Over-the-Road Bus Security Assistance
under section 1532 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182).
(9) $8,000,000 shall be for Trucking Industry Security Grants.
(10) $50,000,000 shall be for Buffer Zone Protection Program Grants.
(11) $10,000,000 shall be for the Commercial Equipment Direct Assistance
Program.
(12) $50,000,000 shall be for the Interoperable Emergency Communications
Grant Program under section 1809 of the Homeland Security Act of 2002
(6 U.S.C. 579).
(13) $10,000,000 shall be for grants for construction of Emergency
Operations Centers under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c).
(14) $291,400,000 shall be for training, exercises, technical assistance,
and other programs, of which--
(A) $160,500,000 is for purposes of training in accordance with
section 1204 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1102), of which $62,500,000 shall be for the
Center for Domestic Preparedness; $22,000,000 shall be for the National
Energetic Materials Research and Testing Center, New Mexico Institute
of Mining and Technology; $22,000,000 shall be for the National
Center for Biomedical Research and Training, Louisiana State University;
$22,000,000 shall be for the National Emergency Response and Rescue
Training Center, Texas A&M University; $22,000,000 shall be
for the National Exercise, Test, and Training Center, Nevada Test
Site; $5,000,000 shall be for the Transportation Technology Center,
Incorporated, in Pueblo, Colorado; and $5,000,000 shall be for the
National Disaster Preparedness Training Center, University of Hawaii,
Honolulu, Hawaii; and
(B) $2,200,000 shall be for the Pacific Region Homeland Security
Center, Honolulu, Hawaii; and $1,700,000 for the Center for Counterterrorism
and Cyber Crime, Norwich University, Northfield, Vermont:
Provided, That not to exceed 3 percent of the amounts 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
(5), the applications for grants shall be made available to eligible
applicants not later than 25 days after the date of enactment of this
Act, that eligible applicants shall submit applications not later than
90 days after the grant announcement, and that the Administrator of
the Federal Emergency Management Agency shall act within 90 days after
receipt of an application: Provided further, That for grants
under paragraphs (6) through (10), the applications for grants shall
be made available to eligible applicants not later than 30 days after
the date of enactment of this Act, that eligible applicants shall submit
applications within 45 days after the grant announcement, and that the
Federal Emergency Management Agency shall act not later than 60 days
after receipt of an application: Provided further, That for
grants under paragraphs (1) and (2), the installation of communications
towers is not considered construction of a building or other physical
facility: Provided further, That grantees shall provide additional
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
uses to assess risk and allocate Urban Area Security Initiative and
State Homeland Security Grants not later than 45 days after the date
of enactment of this Act: Provided further, That the report
shall include the reliability and validity of the data used, the basis
for the assumptions used, how the methodology is applied to determine
the risk scores for individual locations, an analysis of the usefulness
of placing States and cities into tier groups, and the allocation of
grants to eligible locations: Provided further, That the Department
provide the Government Accountability Office with the actual data that
the Department used for its risk assessment and grant allocation: Provided
further, That the Department provide the Government Accountability
Office with access to all data needed for its analysis and report, including
specifics on all changes for the fiscal year 2008 process, including,
but not limited to, all changes in data, assumptions, and weights used
in methodology within 7 days after the date of enactment of this Act:
Provided further, That any subsequent changes made regarding
the risk methodology after the initial information is provided to the
Government Accountability Office shall be provided within 7 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.), $750,000,000, of which
$560,000,000 shall be available to carry out section 33 of that Act
(15 U.S.C. 2229) and $190,000,000 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 5 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.), $300,000,000: 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 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.), $43,300,000.
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 up to $250,000,000
is available for disaster readiness and support costs: Provided
further, That the Federal Emergency Management Agency shall submit
an expenditure plan to the Committees on Appropriations detailing the
use of the funds for disaster readiness and support within 15 days after
enactment of this Act: Provided further, That the Federal Emergency
Management Agency shall provide a monthly report detailing obligations
against the expenditure plan and a justification for any changes in
spending: Provided further, That up to $43,485,000 and 298
positions may be transferred to Federal Emergency Management Agency
`Management and Administration': Provided further, That of
the total amount provided, $16,000,000 shall be transferred to the Department
of Homeland Security Inspector General for audits and investigations
related to disasters, subject to section 503 of this Act.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For activities under section 319 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for
the cost of direct loans: Provided, That gross obligations
for the principal amount of direct loans shall not exceed $25,000,000:
Provided further, That the cost of modifying such loans shall
be as defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a).
FLOOD MAP MODERNIZATION FUND
For necessary expenses under section 1360 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4101), $185,000,000, 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(d) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), which is available
as follows: (1) not to exceed $49,418,000 for salaries and expenses
associated with flood mitigation and flood insurance operations; and
(2) no less than $107,181,000 for flood hazard mitigation, plain management,
and flood mapping, which shall remain available until September 30,
2010: Provided, That any additional fees collected pursuant
to section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)) shall be credited as an offsetting collection to this account,
to be available for flood hazard mitigation expenses, plain management,
and flood mapping: Provided further, That in fiscal year 2009,
no funds shall be available from the National Flood Insurance Fund 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 actions, of which
$80,000,000 is for severe repetitive loss properties under section 1361A
of the National Flood Insurance Act of 1968 (42 U.S.C. 4102a), of which
$10,000,000 is for repetitive insurance claims properties under section
1323 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030), and
of which $35,700,000 is for flood insured properties under section 1366
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding
subparagraphs (B) and (C) of subsection (b)(3) and subsection (f) of
section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c) and notwithstanding subsection (a)(7) of section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017): Provided
further, That amounts collected under section 102 of the Flood
Disaster Protection Act of 1973 and section 1366(i) of the National
Flood Insurance Act of 1968 shall be deposited in the National Flood
Insurance Fund to supplement other amounts specified as available for
section 1366 of the National Flood Insurance Act of 1968, notwithstanding
42 U.S.C. 4012a(f)(8), 4104c(i), and 4104d(b)(2)-(3): Provided further,
That total administrative costs shall not exceed 4 percent of the total
appropriation.
NATIONAL PREDISASTER MITIGATION FUND
For a predisaster mitigation grant program under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), $100,000,000,
to remain available until expended: Provided, That grants made
for predisaster mitigation shall be awarded subject to the criteria
in section 203(g) of such Act (42 U.S.C. 5133(g)), and include management
costs: Provided further, 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 an emergency food and shelter program pursuant to title
III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et
seq.), $153,000,000, 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
(INCLUDING RESCISSION OF FUNDS)
Of the funds made available under this heading for obligation in prior
years, $9,000,000 are rescinded.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services, $150,540,000;
of which $100,000,000 is for the E-Verify program to assist United States
employers with maintaining a legal workforce; and of which $50,000,000
is to support implementation of the REAL ID Act to develop an information
sharing and verification capability with States: Provided,
That notwithstanding any other provision of law, funds available to
United States Citizenship and Immigration Services may be used to acquire,
operate, equip, dispose of and replace up to five vehicles 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; 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; $237,692,000, of which
up to $53,320,000 for materials and support costs of Federal law enforcement
basic training shall remain available until September 30, 2010; 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 109-295 (120 Stat. 1374) is further
amended by striking `December 31, 2010' and inserting `December 31,
2011': Provided further, That none of the funds provided under
this heading may be used to close or transfer the functions associated
with the Washington, DC office of the Federal Law Enforcement Training
Center.
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, $86,456,000,
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: Provided
further, That $3,000,000 is for construction of training and related
facilities at Artesia, New Mexico.
Science and Technology
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under Secretary for Science
and Technology and for management and administration of programs and
activities, as 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 $10,000 shall be for official reception and representation
expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research, including
advanced research projects; development; test and evaluation; acquisition;
and operations; as authorized by title III of the Homeland Security
Act of 2002 (6 U.S.C. 181 et seq.); $787,277,000, to remain available
until expended: Provided, That not less than $27,000,000 shall
be available for the Southeast Region Research Initiative at the Oak
Ridge National Laboratory: Provided further, That not less
than $3,000,000 shall be available for Distributed Environment for Critical
Infrastructure Decisionmaking Exercises: Provided further,
That of the amount provided, $25,000,000 is for construction expenses
of the Pacific Northwest National Laboratory.
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, as amended,
for management and administration of programs and activities, $38,900,000:
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, $334,200,000, 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, $168,000,000, 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 the Secretary of Homeland Security shall
consult with the National Academy of Sciences before making such certification:
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: Provided, That balances so
transferred 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, as modified
by the statement of managers accompanying this Act, unless the Committees
on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous appropriations
Acts to the agencies in or transferred to the Department of Homeland
Security that remain available for obligation or expenditure in fiscal
year 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 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 appropriations, 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
notification required by subsections (a), (b), and (c) shall be submitted
after June 30, except in extraordinary circumstances which imminently
threaten the safety of human life or the protection of property.
SEC. 504. The Department of Homeland Security Working Capital Fund,
established pursuant to section 403 of Public Law 103-356 (31 U.S.C.
501 note), shall continue operations as a permanent working capital
fund for fiscal year 2009: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund, except
for the activities and amounts allowed in the President's fiscal year
2009 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further,
That all departmental components shall be charged only for direct usage
of each Working Capital Fund service: Provided further, That
funds provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further,
That such fund shall be paid in advance or reimbursed at rates which
will return the full cost of each service: Provided further,
That the Working Capital Fund shall be subject to the requirements of
section 503 of this Act.
SEC. 505. Except as otherwise specifically provided by law, not to exceed
50 percent of unobligated balances remaining available at the end of
fiscal year 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 the Committees on Appropriations of
the Senate and the House of Representatives for approval in accordance
with section 503 of this Act.
SEC. 506. Funds made available by this Act for intelligence activities
are deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C. 414)
during fiscal year 2009 until the enactment of an Act authorizing intelligence
activities for fiscal year 2009.
SEC. 507. The Federal Law Enforcement Training Accreditation Board shall
lead the Federal law enforcement training accreditation process, to
include representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement training,
to continue the implementation of measuring and assessing the quality
and effectiveness of Federal law enforcement training programs, facilities,
and instructors.
SEC. 508. None of the funds in 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 of State Homeland Security grants; Urban Area Security Initiative
grants; or Regional Catastrophic Preparedness Grants.
SEC. 509. Notwithstanding any other provision of law, no agency shall
purchase, construct, or lease any additional facilities, except within
or contiguous to existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of Representatives,
except that the Federal Law Enforcement Training Center is authorized
to obtain the temporary use of additional facilities by lease, contract,
or other agreement for training which cannot be accommodated in existing
Center facilities.
SEC. 510. The Director of the Federal Law Enforcement Training Center
shall schedule basic and/or advanced law enforcement training at all
four training facilities under the control of the Federal Law Enforcement
Training Center to ensure that these training centers are operated at
the highest capacity throughout the fiscal year.
SEC. 511. 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, if 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. 512. None of the funds in this Act may be used in contravention
of the applicable provisions of the Buy American Act (41 U.S.C. 10a
et seq.).
SEC. 513. (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. 514. None of the funds made available in this Act may be used to
amend the oath of allegiance required by section 337 of the Immigration
and Nationality Act (8 U.S.C. 1448).
SEC. 515. 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. 516. None of the funds appropriated to the United States Secret
Service by this Act or by previous appropriations Acts may be made available
for the protection of the head of a Federal agency other than the Secretary
of Homeland Security: Provided, That the Director of the United
States Secret Service may enter into an agreement to perform such service
on a fully reimbursable basis.
SEC. 517. (a) The Secretary of Homeland Security shall research, develop,
and procure new technologies to inspect and screen air cargo carried
on passenger aircraft at 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 (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 (Transportation Security Administration) 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 section 44901(g)(2)
of title 49, United States Code.
SEC. 518. None of the funds made available in this Act may be used by
any person other than the Privacy Officer appointed under section 222
of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct
that changes be made to, delay, or prohibit the transmission to Congress
of any report prepared under paragraph (6) of such section.
SEC. 519. No funding made available to the Department of Homeland Security
in this Act shall be available to pay the salary of any employee serving
as a contracting officer's technical representative, or anyone acting
in a similar capacity, who has not received contracting officer's technical
representative training.
SEC. 520. 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, and 2007 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. 521. Section 525(d) of the Department of Homeland Security Appropriations
Act, 2007 (Public Law 109-295; 120 Stat. 1382) shall apply to fiscal
year 2009.
SEC. 522. Any funds appropriated to United States Coast Guard, `Acquisition,
Construction, and Improvements' for fiscal years 2002, 2003, 2004, 2005,
and 2006 for the 110-123 foot patrol boat conversion that are recovered,
collected, or otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the Replacement
Patrol Boat (FRC-B) program.
SEC. 523. None of the funds provided in this Act shall be available
to commence operations of the National Applications Office or the National
Immigration Information Sharing Operation 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.
SEC. 524. 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. 525. Section 532(a) of Public Law 109-295 is amended by striking
`2008' and inserting `2009'.
SEC. 526. None of the funds made available by this Act shall be used
in contravention of the Federal buildings performance and reporting
requirements of Executive Order No. 13123, part 3 of title V of the
National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), or
subtitle A of title I of the Energy Policy Act of 2005 (including the
amendments made thereby).
SEC. 527. The functions of the Federal Law Enforcement Training Center
instructor staff shall be classified as inherently governmental for
the purpose of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
SEC. 528. None of the funds made available in this Act may be used in
contravention of section 303 of the Energy Policy Act of 1992 (42 U.S.C.
13212).
SEC. 529. None of the funds made available by this Act may be used to
take an action that would violate Executive Order No. 13149 (65 Fed.
Reg. 24607; relating to greening the Government through Federal fleet
and transportation efficiency).
SEC. 530. Subsections (a), (b), and (d)(1) 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.
SEC. 531. (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. 532. 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 (Transportation Security Administration)
reverses the determination of July 19, 2007, that butane lighters are
not a significant threat to civil aviation security.
SEC. 533. Funds made available in this Act may be used to alter operations
within the Civil Engineering Program of the Coast Guard nationwide,
including civil engineering units, facilities design and construction
centers, maintenance and logistics commands, and the Coast Guard Academy,
except that none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless specifically authorized
by a statute enacted after the date of the enactment of this Act.
SEC. 534. (a) Except as provided in subsection (b), none of the funds
appropriated in this or any other Act to the Office of the Secretary
and Executive Management, the Office of the Under Secretary for Management
and the Office of the Chief Financial Officer, may be obligated for
a grant or contract funded under such headings by a means other than
full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a contract
awarded--
(1) by a means that is required by a Federal statute, including obligation
for a purchase made under a mandated preferential program, such as
the AbilityOne Program, that is authorized under the Javits-Wagner-O'Day
Act (41 U.S.C. 46-48c);
(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 interest of national security or if failure to do so would pose
a substantial risk to human health or welfare.
(2) Not later than 5 days after the date on which the Secretary of Homeland
Security exercises a waiver under this subsection, the Secretary shall
submit notification of that waiver to the Committees on Appropriations
of the Senate and the House of Representatives, including a description
of the applicable contract and an explanation of why the waiver authority
was used. The Secretary may not delegate the authority to grant such
a waiver.
(d) In addition to the requirements established by this section, the
Inspector General for the Department of 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 during 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 the
contract, the criticality of the contract to fulfilling Department missions,
past performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems relevant: Provided
further, That the Inspector General shall report the results of
the reviews to the Committees on Appropriations of the Senate and the
House of Representatives.
SEC. 535. 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. 536. None of the funds provided in this Act shall be available
to carry out section 872 of Public Law 107-296.
SEC. 537. None of the funds provided in this Act under the heading `Office
of the Chief Information Officer' shall be used for data center development
other than for the National Center for Critical Information Processing
and Storage until the Chief Information Officer certifies that the National
Center for Critical Information Processing and Storage is fully utilized
as the Department's primary data storage center at the highest capacity
throughout the fiscal year.
SEC. 538. None of the funds in this Act shall be used to reduce the
United States Coast Guard's Operations Systems Center mission or its
government-employed or contract staff levels.
SEC. 539. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
SEC. 540. The Secretary of Homeland Security shall require that all
contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
SEC. 541. 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 required under section 401 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
SEC. 542. None of the funds made available in this Act for U.S. Customs
and Border Protection may be used to prevent an individual not in the
business of importing a prescription drug (within the meaning of section
801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a
prescription drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply only
to individuals transporting on their person a personal-use quantity
of the prescription drug, not to exceed a 90-day supply: Provided
further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the Public
Health Service Act (42 U.S.C. 262).
SEC. 543. 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. 544. None of the funds made available in this Act may be used for
planning, testing, piloting, or developing a national identification
card.
SEC. 545. (a) Notwithstanding any other provision of this Act, except
as provided in subsection (b), and 30 days after the date that the President
determines whether to declare a major disaster because of an event and
any appeal is completed, the Administrator shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the Committee
on Transportation and Infrastructure of the House of Representatives,
the Committees on Appropriations of the Senate and the House of Representatives,
and publish on the website of the Federal Emergency Management Agency,
a report regarding that decision, which shall summarize damage assessment
information used to determine whether to declare a major disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(1) the term `Administrator' means the Administrator of the Federal
Emergency Management Agency; and
(2) the term `major disaster' has the meaning given that term in section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122).
SEC. 546. Section 831(a) of the Homeland Security Act of 2002 (6 U.S.C.
391(a)) is amended by striking `Until September 30, 2008' and inserting
in lieu thereof, `Until September 30, 2009'.
SEC. 547. Notwithstanding any other provision of law, should the Secretary
of Homeland Security determine that the National Bio and Agro-defense
Facility be located at a site other than Plum Island, New York, the
Secretary shall 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 which support Plum Island
operations, subject to such terms and conditions as necessary to protect
government interests and meet program requirements: Provided,
That the proceeds of such sale shall be deposited as offsetting collections
into the Department of Homeland Security Science and Technology `Research,
Development, Acquisition, and Operations' account and, subject to appropriation,
shall be available until expended, for site acquisition, construction,
and costs related to the construction of the National Bio and Agro-defense
Facility, including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation at Plum
Island, and reimbursement of expenses incurred by the General Services
Administration which shall not exceed 1 percent of the sale price.
SEC. 548. In fiscal year 2009, under the direction of the Secretary
of Homeland Security, the United States Secret Service shall, during
the period of 6 months immediately after an individual ceases to serve
as Vice President, protect such individual if the Secretary determines
that such individual is in significant danger, and the spouse of such
individual if the Secretary determines that the spouse is in significant
danger: Provided, That the Secret Service, under the direction
of the Secretary, may for the remainder of fiscal year 2009 provide
protection to such individual or spouse temporarily at any time when
the Secretary determines that information or conditions warrant such
protection: Provided further, That the Secret Service shall
have the same authorities and functions in providing protection under
this section as under laws relating to protection of the Vice President
or the spouse of the Vice President, including laws that provide for
obtaining assistance from executive agencies and use of passenger carriers
to transport: Provided further, That the offenses and penalties
prescribed by law with respect to obstruction, resistance, or interference
with the performance of protective functions, including with respect
to restrictions on buildings or grounds, in relation to a Vice President
or spouse of a Vice President shall apply with respect to performance
of protective functions under this section: Provided further,
That the authority granted by this section is in addition to any authority
that may otherwise be available by law.
SEC. 549. Notwithstanding any other provision of law, and not later
than 30 days after the date of submission of a request for a single
payment, the President shall provide a single payment for any eligible
costs under section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) for any police station, fire
station, or criminal justice facility that was damaged by Hurricane
Katrina of 2005 or Hurricane Rita of 2005: Provided, That the
President shall not reduce the amount of assistance provided under section
406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5172(c)(1)) for such facilities: Provided further,
That nothing in the previous proviso may be construed to alter the appeal
or review process relating to assistance provided under section 406
of the Stafford Act (42 U.S.C. 5172): Provided further, That
the President shall not reduce the amount of assistance provided to
a local government under section 406(d) of the Stafford Act (42 U.S.C.
5172(d)) more than once for each such type of facility for which that
local government is receiving assistance under section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act relating to
Hurricane Katrina of 2005 or Hurricane Rita of 2005.
This Act may be cited as the `Department of Homeland Security Appropriations
Act, 2009'.
Calendar No. 830
110th CONGRESS
2d Session
S. 3181
[Report No. 110-396]
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2009, and for other purposes.
JUNE 23, 2008
Read twice and placed on the calendar
END
