Public Law 110-329, Division D

AUTHENTICATED(j

u.s. GOVERNMEI'JT
INFORMATION

GPO

PUBLIC LAW 1l0-329-SEPT. 30, 2008

CONSOLIDATED SECURITY, DISASTER

ASSISTANCE, AND CONTINUING

APPROPRIATIONS ACT, 2009

122 STAT. 3670

PUBLIC LAW 1l0-329-SEPT. 30, 2008

tests of the air exit solution, which shall be reviewed by the Govern­
ment Accountability Office, and which shall test at least two sce­
narios: (a) where the airlines collect and transmit biometric exit
data as proposed in the notice of proposed rulemaking and (b)
where U.S. Customs and Border Protection collects such information
at the departure gates.
OFFICE OF HEALTH AFFAIRS

For necessary expenses of the Office of Health Affairs,
$157,191,000, of which $29,210,000 is for salaries and expenses;
and of which $127,981,000 is to remain available until September
30,2010, for biosurveillance, BioWatch, medical readiness planning,
chemical response, and other activities: Provided, That not to exceed
$3,000 shall be for official reception and representation expenses.
FEDERAL EMERGENCY MANAGEMENT AGENCY
l\1ANAGEMENT AND ADMINISTRATION

Federal budget.

Certification.
Reports.

West Virginia.
Pennsylvania.
Disaster
evacuation.

For necessary expenses for management and administration
of the Federal Emergency Management Agency, 837,437,000,
including activities authorized by the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U .S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), and the Post-Katrina Emergency Management Reform
Act of 2006 (Public Law 109-295; 120 Stat. 1394); Provided, That
not to exceed $3,000 shall be for official reception and representation
expenses: Provided further, That the President's budget submitted
under section 1l05(a) of title 31, United States Code, shall be
detailed by office for the Federal Emergency Management Agency:
Provided further, That $10,000,000 shall not be available for obliga­
tion until the Secretary of Homeland Security, in coordination with
the Administrator of the Federal Emergency Management Agency,
certifies and reports to the Committees on Appropriations of the
Senate and the House of Representatives that proce ses to incor­
porate stakeholder input for grant guidance development and award
distribution have been: (1) developed to ensure transparency and
increased consultation about security needs for all-hazards; (2) for­
malized and made clear to stakeholders; and (3) ~ rmalized to
ensure future use for each fiscal year: Provided further, That of
the total amount made available under this heading, $5,000,000
shall be for the development of tools and systems to measure
the achievement and effectiveness of first responder grant programs;
Provided further, That of the total amount made available under
this heading, $32,500,000 shall be for the Urban Search and Rescue
Response System, of which not to exceed $1,600,000 may be made
available for administrative costs; $2,200,000 shall be for the Pacific
Region Homeland Security Center, Honolulu, Hawaii, $5,000,000
shall be for the State of North Carolina, and $2,4 5,000 shall
be for the Commonwealth of Kentucky, as detailed in the statement
accompanying this Act; and $6,342,000 shall be for the Office of
National Capital Region Coordination: Provided further, That for

PUBLIC LAW 1l0-329-SEPT. 30, 2008

122 STAT. 3671

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 of2002.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other activi­
ties, $3,105,700,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security

Grant Program under section 2004 of the Homeland Security

Act of 2002 (6 U.S.C. 605): Provided, That of the amount

provided by this paragraph, $60,000,000 shall be for Operation

Stonegarden: Provided further, That notwithstanding sub­

section (c)( 4) of such section 2004, for fiscal year 2009, the

Commonwealth of Puerto Rico shall make available to local

and tribal governments amounts provided to the Common­

wealth of Puerto Rico under this paragraph in accordance with

subsection (c)( 1) of such section 2004.

(2) $837,500,000 shall be for the Urban Area Security Ini­

tiative under section 2003 of the Homeland Security Act of

2002 (6 U.S.C. 604), of which, notwithstanding subsection (c)( 1)

of such section, $15,000,000 shall be for grants to organizations

(as described under section 501(c)(3) of the Internal Revenue

Code of 1986 and exempt from tax section 501(a) of such

code) determined by the Secretary of Homeland Security to

be at high risk of a terrorist attack.

(3) $35,000,000 shall be for Regional Catastrophic

Preparedness Grants.

(4) $41,000,000 shall be for the Metropolitan Medical

Response System under section 635 of the Post-Katrina Emer­

gency Management Reform Act of 2006 (6 U.S.C. 723).

(5) $15,000,000 shall be for the Citizen Corps Program.
(6) $400,000,000 shall be for Public Transportation Security

Assistance and Railroad Security Assistance under sections

1406 and 1513 of the Implementing Recommendations of the

9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.

1135 and 1163), of which not less than $25,000,000 shall be

for Amtrak security: Provided, That there shall be no cost

share requirement for funds made available under this para­

graph and made available for these same purposes in Public

Law 110-161: Provided further, That such public transportation

security assistance shall be provided directly to public transpor­

tation agencies.

(7) $400,000,000 shall be for Port Security Grants in accord­

ance with 46 U.S.C. 70107.

(8) $12,000,000 shall be for Over-the-Road Bus Security

Assistance under section 1532 of the Implementing Rec­

ommendations of the 9/11 Commission Act of 2007 (Public

Law 110-53; 6 U.S.C. 1182).

(9) $8,000,000 shall be for Trucking Industry Security

Grants.

122 STAT. 3672

Expenditure
plan.
Deadline.

Grants.
Deadlines.

Grants.
Deadlines.

Reports.

PUBLIC LAW 1l0-329-SEPT. 30, 2008

(10) $50,000,000 shall be for Buffer Zone Protection Pro­
gram Grants.
(11) $8,000,000 shall be for the Commercial Equipment
Direct Assistance Program.
(12) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of2002 (6 U.S.C. 579).
(13) $35,000,000 shall remain available until expended,
for grants for Emergency Operations Centers under section
614 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c), as detailed in the statement
accompanying this Act.
(14) $264,200,000 shall be for training, exercises, technical
assistance, and other programs, of which­
(A) $164,500,000 is for purposes of training in accord­
ance with section 1204 of the Implementing Recommenda­
tions of the 9/11 Commission Act of 2007 (6 U.S.C. 1102),
of which $62,500,000 shall be for the Center for Domestic
Preparedness; $23,000,000 shall be for the National Ener­
getic Materials Research and Testing Center, New Mexico
Institute of Mining and Technology; $23,000,000 shall be
for the National Center for Biomedical Research and
Training, Louisiana State University; $23,000,000 shall be
for the National Emergency Response and Rescue Training
Center, Texas A&M University; $23,000,000 shall be for
the National Exercise, Test, and Training Center, Nevada
Test Site; $5,000,000 shall be for the Transportation Tech­
nology 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) $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, and an expenditure plan for program
administration shall be provided to the Committees on Appropria­
tions of the Senate and the House of Representatives within 60
days of the date of enactment of this Act: Provided further, That
for grants under paragraphs (1) through (5), the applications for
grants shall be made available to eligible applicants not later than
25 days after the date of enactment of this Act, that eligible
applicants shall submit applications not later than 9 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) and (12), the applications for grants
shall be made available to eligible applicants not later than 30
days after the date of enactment of this Act, that eligible applicants
shall submit applications within 45 days after the grant announce­
ment, 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 installa­
tion of communications towers is not considered construction of
a building or other physical facility: Provided further, That grantees
shall provide reports on their use of funds, as determined necessary

PUBLIC LAW 1l0-329-SEPT. 30, 2008

122 STAT. 3673

by the Secretary: Provided further, That (a) the Center for Domestic
Preparedness may provide training to emergency response providers
from the Federal Government, foreign governments, or private enti­
ties, if the Center for Domestic Preparedness is reimbursed for
the cost of such training, and any reimbursement under this sub­
section 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 Prepared­
ness 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 Representa­
tives regarding the data, assumptions, and methodology that the
Department of Homeland Security uses to assess risk and allocate
grants under the Urban Area Security Initiative and State Home­
land Security Grant Program not later than 45 days after the
date of enactment of this Act: Provided further, That the report
shall include an assessment of the reliability and validity of the
data used, the basis for the assumptions used, how the methodology
is applied to determine the risk scores for individual locations,
an analysis of the usefulness of placing States and cities into
tier groups, and the allocation of grants to eligible locations: Pro­
vided 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 2009 process, including,
but not limited to, all changes in data, assumptions, and weights
used in methodology within 7 days after the date of enactment
of this Act: Provided further, That any subsequent changes made
regarding the risk methodology after the initial information is pro­
vided to the Government Accountability Office shall be provided
within 7 days after the change is made.

Reports.
Deadline.

Deadline.

Deadline.

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$775,000,000, of which $565,000,000 shall be available to carry
out section 33 of that Act (15 U.S.C. 2229) and $210,000,000 shall
be available to carry out 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, and an expenditure
plan for program administration shall be provided to the Commit­
tees on Appropriations of the Senate and the House of Representa­
tives within 60 days of the date of enactment of this Act.
EMERGENCY MA.!'lAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management perform­
ance 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

Expenditure
plan.
Deadline.

122 STAT. 3674

PUBLIC LAW 1l0-329-SEPT. 30, 2008

et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$315,000,000: Provided, That total administrative costs shall not
exceed 3 percent of the total amount appropriated under this
heading.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2009, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appro­
priations 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 pro­
gram for the next fiscal year: Provided, That the methodology
for assessment and collection of fees shall be fair nd equitable
and shall reflect costs of providing such services, including adminis­
trative 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 Administra­
tion and for other purposes, as authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),
$44,979,000.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)

Expenditure
plan.
Deadline.

Deadlines.
Reports.

Implementation
plan.

Reports.

For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $1,400,000,000, to remain available until expended: Pro­
vided, That the Federal Emergency Management gency shall
submit an expenditure plan to the Committees on Appropliations
of the Senate and the House of Representatives detailing the use
of the funds for disaster readiness and support within 60 days
after the date of enactment of this Act: Provided further, That
the Federal Emergency Management Agency shall provide a quar­
terly report detailing obligations against the expenditure plan and
a justification for any changes in spending: Provided further, That
of the total amount provided, $16,000,000 shall be transferred to
the Department of Homeland Security Office of Inspector General
for audits and investigations related to disasters, subject to section
503 of this Act: Provided further, That up to $105,600,000 may
be transferred to Federal Emergency Management Agency "Manage­
ment and Administration" for management and administration
functions: Provided further, That the amount provided in the pre­
vious proviso shall not be available for transfer to "Management
and Administration" until the Federal Emergency Management
Agency submits an implementation plan to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That the Federal Emergency Management Agency
shall submit the monthly "Disaster Relief' report, as specified in
Public Law 110-161, to the Committees on Appropliations of the

PUBLIC LAW 1l0-329-SEPT. 30, 2008

122 STAT. 3675

Senate and the House of Representatives, and include the amounts
provided to each Federal agency for mission assignments: Provided
further, That for any request for reimbursement from a Federal
agency to the Department of Homeland Security to cover expendi­
tures under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), or any mission assignment
orders issued by the Department for such purposes, the Secretary
of Homeland Security shall take appropriate steps to ensure that
each agency is periodically reminded of Department policies on­
(1) the detailed information required in supporting docu­

mentation for reimbursements; and

(2) the necessity for timeliness of agency billings.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For activities under section 319 of the Robert T. Stafford Dis­
aster Relief and Emergency Assistance Act (42 U .S.C. 5162),
$295,000 is for the cost of direct loans: Provided, That gross obliga­
tions for the principal amount of direct loans shall not exceed
$25,000,000: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a).
FLOOD MAP MODERNIZATION FUND

For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and
such additional sums as may be provided by State and local govern­
ments or other political subdivisions for cost-shared mapping activi­
ties under section 1360(0(2) of such Act (42 U.S.C. 410l(f)(2)),
to remain available until expended: Provided, That total administra­
tive costs shall not exceed 3 percent of the total amount appro­
priated 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 mitiga­
tion and flood insurance operations; and (2) no less than
$107,181,000 for flood 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 plain management and flood mapping: Provided further,
That in fiscal year 2009, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act
(42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating expenses;
(2) $869,905,000 for commissions and taxes of agents; (3) such
sums as are necessary for interest on Treasury borrowings; and
(4) $125,700,000, which shall remain available until expended for
flood mitigation actions, of which $80,000,000 is for severe repetitive
loss properties under section 1361A of the National Flood Insurance