HR Res. 111-298

111TH CONGRESS
" HOUSE OF REPRESENTATIVES
1st Session

!

REPORT
111–298

DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2010

OCTOBER 13, 2009.—Ordered to be printed

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

CONFERENCE REPORT
[To accompany H.R. 2892]

The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2892), making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010, and for other
purposes, having met, after full and free conference, have agreed
to recommend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as
follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2010, and for
other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS

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OFFICE

OF THE

SECRETARY

AND

EXECUTIVE MANAGEMENT

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

OF THE

UNDER SECRETARY

FOR

MANAGEMENT

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

OF THE

CHIEF FINANCIAL OFFICER

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

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OFFICE

OF THE

CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$338,393,000; of which $86,912,000 shall be available for salaries
and expenses; and of which $251,481,000, to remain available until
expended, shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security: Provided, That of
the total amount appropriated, not less than $82,788,000 shall be
available for data center development, of which not less than
$38,540,145 shall be available for power capabilities upgrades at
Data Center One (National Center for Critical Information Proc-

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essing and Storage): Provided further, That the Chief Information
Officer shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, not more than 60 days
after the date of enactment of this Act, an expenditure plan for all
information technology acquisition projects that: (1) are funded
under this heading; or (2) are funded by multiple components of the
Department of Homeland Security through reimbursable agreements: Provided further, That such expenditure plan shall include
each specific project funded, key milestones, all funding sources for
each project, details of annual and lifecycle costs, and projected cost
savings or cost avoidance to be achieved by the project.
ANALYSIS

AND

OPERATIONS

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

OF THE

FEDERAL COORDINATOR
REBUILDING

FOR

GULF COAST

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

OF INSPECTOR

GENERAL

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

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U.S. CUSTOMS

AND

BORDER PROTECTION

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to border security, immigration, customs, agricultural inspections and

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

For expenses for U.S. Customs and Border Protection automated systems, $422,445,000, to remain available until expended, of
which not less than $227,960,000 shall be for the development of the
Automated Commercial Environment: Provided, That of the total
amount made available under this heading, $50,000,000 may not be
obligated for the Automated Commercial Environment program
until 30 days after the Committees on Appropriations of the Senate
and the House of Representatives receive a report on the results to
date and plans for the program from the Department of Homeland
Security.

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BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For expenses for border security fencing, infrastructure, and
technology, $800,000,000, to remain available until expended: Provided, That of the total amount made available under this heading,
$75,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and

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5
approve a plan for expenditure, prepared by the Secretary of Homeland Security, reviewed by the Government Accountability Office,
and submitted not later than 90 days after the date of the enactment of this Act, for a program to establish and maintain a security
barrier along the borders of the United States, of fencing and vehicle barriers where practicable, and of other forms of tactical infrastructure and technology, that includes—
(1) a detailed accounting of the program’s implementation
to date for all investments, including technology and tactical infrastructure, for funding already expended relative to system capabilities or services, system performance levels, mission benefits and outcomes, milestones, cost targets, program management capabilities, identification of the maximum investment,
including life-cycle costs, related to the Secure Border Initiative
program or any successor program, and description of the methodology used to obtain these cost figures;
(2) a description of how specific projects will further the objectives of the Secure Border Initiative, as defined in the Department of Homeland Security Secure Border Plan, and how
the expenditure plan allocates funding to the highest priority
border security needs;
(3) an explicit plan of action defining how all funds are to
be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based delivery of specific capabilities, services, performance levels, mission benefits and outcomes, and program management capabilities;
(4) an identification of staffing, including full-time equivalents, contractors, and detailees, by program office;
(5) a description of how the plan addresses security needs
at the Northern border and ports of entry, including infrastructure, technology, design and operations requirements, specific
locations where funding would be used, and priorities for
Northern border activities;
(6) a report on budget, obligations and expenditures, the activities completed, and the progress made by the program in
terms of obtaining operational control of the entire border of the
United States;
(7) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
to fully address such recommendations;
(8) a certification by the Chief Procurement Officer of the
Department including all supporting documents or memoranda,
and documentation and a description of the investment review
processes used to obtain such certifications, that—
(A) the program has been reviewed and approved in accordance with the investment management process of the
Department, and that the process fulfills all capital planning and investment control requirements and reviews established by the Office of Management and Budget, including as provided in Circular A–11, part 7;
(B) the plans for the program comply with the Federal
acquisition rules, requirements, guidelines, and practices,

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6
and a description of the actions being taken to address
areas of non-compliance, the risks associated with such actions, together with any plans for addressing these risks,
and the status of the implementation of such actions; and
(C) procedures to prevent conflicts of interest between
the prime integrator and major subcontractors are established and that the Secure Border Initiative Program Office
has adequate staff and resources to effectively manage the
Secure Border Initiative program and all contracts under
such program, including the exercise of technical oversight;
(9) a certification by the Chief Information Officer of the
Department including all supporting documents or memoranda,
and documentation and a description of the investment review
processes used to obtain such certifications that—
(A) the system architecture of the program has been determined to be sufficiently aligned with the information
systems enterprise architecture of the Department to minimize future rework, including a description of all aspects of
the architectures that were or were not assessed in making
the alignment determination, the date of the alignment determination, and any known areas of misalignment together with the associated risks and corrective actions to
address any such areas;
(B) the program has a risk management process that
regularly and proactively identifies, evaluates, mitigates,
and monitors risks throughout the system life-cycle and
communicates high-risk conditions to U.S. Customs and
Border Protection and Department of Homeland Security
investment decision-makers, as well as a listing of all the
program’s high risks and the status of efforts to address
such risks; and
(C) an independent verification and validation agent is
currently under contract for the projects funded under this
heading;
(10) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the Secure Border Initiative program are being addressed so as to ensure adequate staff and resources to effectively manage the Secure Border Initiative; and
(11) an analysis by the Secretary for each segment, defined
as not more than 15 miles, of fencing or tactical infrastructure,
of the selected approach compared to other, alternative means
of achieving operational control, including cost, level of operational control, possible unintended effects on communities, and
other factors critical to the decisionmaking process:
Provided further, That the Secretary shall report to the Committees
on Appropriations of the Senate and the House of Representatives
on the progress of the program, and obligations and expenditures
for all outstanding task orders, as well as specific objectives to be
achieved through the award of current and remaining task orders
planned for the balance of available appropriations, at least 15 days
before the award of any task order requiring an obligation of funds
in an amount greater than $25,000,000 and before the award of a
task order that would cause cumulative obligations of funds to exceed 50 percent of the total amount appropriated: Provided further,

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That none of the funds made available under this heading may be
obligated unless the Department has complied with section
102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note), and the Secretary
certifies such to the Committees on Appropriations of the Senate
and the House of Representatives: Provided further, That none of
the funds made available under this heading may be obligated for
any project or activity for which the Secretary has exercised waiver
authority pursuant to section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note)
until 15 days have elapsed from the date of the publication of the
decision in the Federal Register.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT

For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems,
and other related equipment of the air and marine program, including operational training and mission-related travel, and rental payments for facilities occupied by the air or marine interdiction and
demand reduction programs, the operations of which include the
following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of
Homeland Security; and at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency humanitarian efforts, $519,826,000, to remain available until expended:
Provided, That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified
as excess to U.S. Customs and Border Protection requirements and
aircraft that have been damaged beyond repair, shall be transferred
to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2010 without the
prior approval of the Committees on Appropriations of the Senate
and the House of Representatives.

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CONSTRUCTION AND FACILITIES MANAGEMENT

For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration
and enforcement of the laws relating to customs, immigration, and
border security, $319,570,000, to remain available until expended;
of which $39,700,000 shall be for constructing and equipping the
Advanced Training Center; and of which not more than $3,500,000
shall be for acquisition, design, and construction of U.S. Customs
and Border Protection Air and Marine facilities at El Paso International Airport, Texas: Provided, That for fiscal year 2011 and
thereafter, the annual budget submission of U.S. Customs and Border Protection for ‘‘Construction and Facilities Management’’ shall,
in consultation with the General Services Administration, include a
detailed 5-year plan for all Federal land border port of entry
projects with a yearly update of total projected future funding needs
delineated by land port of entry.

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U.S. IMMIGRATION

AND

CUSTOMS ENFORCEMENT

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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) policetype vehicles; $5,342,134,000, of which not to exceed $7,500,000
shall be available until expended for conducting special operations
under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081); of which not to exceed $15,000 shall be for official reception and representation expenses; of which not to exceed
$1,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $305,000 shall be for promotion of public awareness of the child pornography tipline and
anti-child exploitation activities; of which not less than $5,400,000
shall be used to facilitate agreements consistent with section 287(g)
of the Immigration and Nationality Act (8 U.S.C. 1357(g)); and of
which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except that the Secretary, or the designee of the Secretary, may waive
that amount as necessary for national security purposes and in
cases of immigration emergencies: Provided further, That of the
total amount provided, $15,770,000 shall be for activities in fiscal
year 2010 to enforce laws against forced child labor, of which not
to exceed $6,000,000 shall remain available until expended: Provided further, That of the total amount available, not less than
$1,500,000,000 shall be available to identify aliens convicted of a
crime who may be deportable, and to remove them from the United
States once they are judged deportable, of which $200,000,000 shall
remain available until September 30, 2011: Provided further, That
the Secretary, or the designee of the Secretary, shall report to the
Committees on Appropriations of the Senate and the House of Representatives, not later than 45 days after the end of each quarter of
the fiscal year, on progress in implementing the preceding proviso
and the funds obligated during that quarter to make that progress:
Provided further, That the Secretary shall prioritize the identification and removal of aliens convicted of a crime by the severity of
that crime: Provided further, That funding made available under
this heading shall maintain a level of not less than 33,400 detention
beds through September 30, 2010: Provided further, That of the
total amount provided, not less than $2,545,180,000 is for detention
and removal operations, including transportation of unaccompanied
minor aliens: Provided further, That of the total amount provided,
$7,300,000 shall remain available until September 30, 2011, for the
Visa Security Program: Provided further, That none of the funds
provided under this heading may be used to continue a delegation
of law enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector General determines that the
terms of the agreement governing the delegation of authority have

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been violated: Provided further, That none of the funds provided
under this heading may be used to continue any contract for the
provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less
than ‘‘adequate’’ or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing
under this heading shall prevent U.S. Immigation and Customs Enforcement from exercising those authorities provided under immigration laws (as defined in section 101(a)(17) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining to aliens convicted of a crime: Provided further,
That none of the funds provided under this heading may be obligated to collocate field offices of U.S. Immigration and Customs Enforcement until the Secretary of Homeland Security submits to the
Committees on Appropriations of the Senate and the House of Representatives a plan for the nationwide implementation of the Alternatives to Detention Program that identifies: (1) the funds required
for nationwide program implementation; (2) the timeframe for
achieving nationwide program implementation; and (3) an estimate
of the number of individuals who could be enrolled in a nationwide
program.
AUTOMATION MODERNIZATION
(INCLUDING TRANSFER OF FUNDS)

For expenses of immigration and customs enforcement automated systems, $90,000,000, to remain available until expended:
Provided, That of the funds made available under this heading,
$10,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive an
expenditure plan prepared by the Secretary of Homeland Security:
Provided further, That of the total amount provided under this
heading, up to $10,000,000 may be transferred to U.S. Immigration
and Customs Enforcement ‘‘Salaries and Expenses’’ account for data
center migration.
CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration
and enforcement of the laws relating to customs and immigration,
$4,818,000, to remain available until expended: Provided, That
none of the funds made available in this Act may be used to solicit
or consider any request to privatize facilities currently owned by the
United States Government and used to detain aliens unlawfully
present in the United States until the Committees on Appropriations
of the Senate and the House of Representatives receive a plan for
carrying out that privatization.
TRANSPORTATION SECURITY ADMINISTRATION
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AVIATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant
to the Aviation and Transportation Security Act (Public Law 107–

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71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,214,040,000, to remain
available until September 30, 2011, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not to
exceed $4,358,076,000 shall be for screening operations, of which
$1,116,406,000 shall be available for explosives detection systems;
and not to exceed $855,964,000 shall be for aviation security direction and enforcement: Provided further, That of the amount made
available in the preceding proviso for explosives detection systems,
$778,300,000 shall be available for the purchase and installation of
these systems, of which not less than 28 percent shall be available
for the purchase and installation of certified explosives detection
systems at medium- and small-sized airports: Provided further,
That any award to deploy explosives detection systems shall be
based on risk, the airport’s current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high
injury rates, airport readiness, and increased cost effectiveness: Provided further, That of the total amount provided, $1,250,000 shall
be made available for Safe Skies Alliance to develop and enhance
research and training capabilities for Transportation Security Officer improvised explosive recognition training: Provided further,
That security service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security:
Provided further, That the sum appropriated under this heading
from the general fund shall be reduced on a dollar-for-dollar basis
as such offsetting collections are received during fiscal year 2010, so
as to result in a final fiscal year appropriation from the general
fund estimated at not more than $3,114,040,000: Provided further,
That any security service fees collected in excess of the amount made
available under this heading shall become available during fiscal
year 2011: Provided further, That Members of the United States
House of Representatives and United States Senate, including the
leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United
States Attorney General and Assistant Attorneys General and the
United States attorneys; and senior members of the Executive Office
of the President, including the Director of the Office of Management
and Budget; shall not be exempt from Federal passenger and baggage screening.
SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $110,516,000, to remain available until September 30, 2011.

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TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

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

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TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to providing transportation security support and intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note),
$1,001,780,000, to remain available until September 30, 2011: Provided, That of the funds appropriated under this heading,
$20,000,000 may not be obligated for headquarters administration
until the Secretary of Homeland Security submits to the Committees
on Appropriations of the Senate and the House of Representatives
detailed expenditure plans for air cargo security, and for checkpoint
support and explosives detection systems refurbishment, procurement, and installations on an airport-by-airport basis for fiscal year
2010: Provided further, That these plans shall be submitted no later
than 60 days after the date of enactment of this Act.
FEDERAL AIR MARSHALS

For necessary
$860,111,000.

expenses

of

the

Federal

Air

Marshals,

COAST GUARD

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OPERATING EXPENSES

For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not
to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of no more than $700,000) and repairs and service-life replacements, not to exceed a total of
$26,000,000; minor shore construction projects not exceeding
$1,000,000 in total cost at any location; payments pursuant to section 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 1920);
and recreation and welfare; $6,805,391,000, of which $581,503,000
shall be for defense-related activities, of which $241,503,000 is designated as being for overseas deployments and other activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not
to exceed $20,000 shall be for official reception and representation
expenses; and of which $3,600,000 shall be available until expended
for the cost of repairing, rehabilitating, altering, modifying, and
making improvements, including customized tenant improvements,
to any replacement or expanded Operations Systems Center facility:
Provided, That none of the funds made available by this or any
other Act shall be available for administrative expenses in connection with shipping commissioners in the United States: Provided
further, That none of the funds made available by this Act shall be
for expenses incurred for recreational vessels under section 12114 of
title 46, United States Code, except to the extent fees are collected
from yacht owners and credited to this appropriation: Provided further, That the Coast Guard shall comply with the requirements of
section 527 of Public Law 108–136 with respect to the Coast Guard

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12
Academy: Provided further, That of the funds provided under this
heading, $50,000,000 shall be withheld from obligation for Headquarters Directorates until: (1) the fiscal year 2010 second quarter
acquisition report required by Public Law 108–7 and the fiscal year
2008 joint explanatory statement accompanying Public Law 110–
161; (2) the Revised Deepwater Implementation Plan; and (3) the future-years capital investment plan for fiscal years 2011–2015 are received by the Committees on Appropriations of the Senate and the
House of Representatives: Provided further, That funds made available under this heading for overseas deployments and other activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010, may be allocated by program, project, and activity, notwithstanding section 503 of this Act.
ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 19
of title 14, United States Code, $13,198,000, to remain available
until expended.
RESERVE TRAINING

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

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ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law; $1,537,080,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $121,000,000 shall be available until
September 30, 2014, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $129,500,000 shall be
available until September 30, 2012, for other equipment; of which
$27,100,000 shall be available until September 30, 2012, for shore
facilities and aids to navigation facilities, including not less than
$300,000 for the Coast Guard Academy Pier and not less than
$16,800,000 for Coast Guard Station Cleveland Harbor; of which
$105,200,000 shall be available for personnel compensation and
benefits and related costs; and of which $1,154,280,000 shall be
available until September 30, 2014, for the Integrated Deepwater
Systems program: Provided, That of the funds made available for
the Integrated Deepwater Systems program, $269,000,000 is for aircraft and $730,680,000 is for surface ships: Provided further, That
the Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of Representatives,
in conjunction with the President’s fiscal year 2011 budget, a review
of the Revised Deepwater Implementation Plan that identifies any
changes to the plan for the fiscal year; an annual performance com-

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13
parison of Integrated Deepwater Systems program assets to preDeepwater legacy assets; a status report of such legacy assets; a detailed explanation of how the costs of such legacy assets are being
accounted for within the Integrated Deepwater Systems program;
and the earned value management system gold card data for each
Integrated Deepwater Systems program asset: Provided further,
That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction
with the fiscal year 2011 budget request, a comprehensive review of
the Revised Deepwater Implementation Plan, and every 5 years
thereafter, that includes a complete projection of the acquisition
costs and schedule for the duration of the plan: Provided further,
That the Secretary shall annually submit to the Committees on Appropriations of the Senate and the House of Representatives, at the
time that the President’s budget is submitted under section 1105(a)
of title 31, United States Code, a future-years capital investment
plan for the Coast Guard that identifies for each capital budget line
item—
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the next
5 fiscal years or until project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of completion
or estimated completion date from previous future-years capital
investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent,
to the maximum extent practicable, with proposed appropriations
necessary to support the programs, projects, and activities of the
Coast Guard in the President’s budget as submitted under section
1105(a) of title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital investment
plan and proposed appropriations shall be identified and justified:
Provided further, That subsections (a) and (b) of section 6402 of the
U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110–28) shall
apply to fiscal year 2010.
ALTERATION OF BRIDGES

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

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RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by
law; $24,745,000, to remain available until expended, of which

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14
$500,000 shall be derived from the Oil Spill Liability Trust Fund
to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities,
private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation.
RETIRED PAY

For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, concurrent receipts and combat-related special compensation under the National
Defense Authorization Act, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10, United
States Code, $1,361,245,000, to remain available until expended.
UNITED STATES SECRET SERVICE

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SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service, including: purchase of not to exceed 652 vehicles for police-type use for
replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director
of the Secret Service; rental of buildings in the District of Columbia,
and fencing, lighting, guard booths, and other facilities on private
or other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per diem or
subsistence allowances to employees where a protective assignment
during the actual day or days of the visit of a protectee requires an
employee to work 16 hours per day or to remain overnight at a post
of duty; conduct of and participation in firearms matches; presentation of awards; travel of United States Secret Service employees
on protective missions without regard to the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as
may be necessary to perform protective functions; $1,478,669,000, of
which not to exceed $25,000 shall be for official reception and representation expenses; of which not to exceed $100,000 shall be to
provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of investigations of missing and exploited children; and of which $6,000,000
shall be for a grant for activities related to the investigations of
missing and exploited children and shall remain available until expended: Provided, That up to $18,000,000 for protective travel shall
remain available until September 30, 2011: Provided further, That
up to $1,000,000 for National Special Security Events shall remain
available until expended: Provided further, That the United States

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15
Secret Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States Code, receiving training sponsored
by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary
resources available under this heading at the end of the fiscal year:
Provided further, That none of the funds made available under this
heading shall be available to compensate any employee for overtime
in an annual amount in excess of $35,000, except that the Secretary
of Homeland Security, or the designee of the Secretary, may waive
that amount as necessary for national security purposes: Provided
further, That none of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may
be made available for the protection of the head of a Federal agency
other than the Secretary of Homeland Security: Provided further,
That the Director of the United States Secret Service may enter into
an agreement to perform such service on a fully reimbursable basis:
Provided further, That of the total amount made available under
this heading, $33,960,000, to remain available until expended, is for
information technology modernization: Provided further, That none
of the funds made available in the preceding proviso shall be obligated to purchase or install information technology equipment until
the Chief Information Officer of the Department of Homeland Security submits a report to the Committees on Appropriations of the
Senate and the House of Representatives certifying that all plans for
such modernization are consistent with Department of Homeland
Security data center migration and enterprise architecture requirements: Provided further, That none of the funds made available to
the United States Secret Service by this Act or by previous appropriations Acts may be obligated for the purpose of opening a new
permanent domestic or overseas office or location unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such obligation.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For necessary expenses for acquisition, construction, repair, alteration, and improvement of facilities, $3,975,000, to remain available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
NATIONAL PROTECTION

AND

PROGRAMS DIRECTORATE

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MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary
for the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk Management and Analysis, $44,577,000: Provided, That not to exceed
$5,000 shall be for official reception and representation expenses.

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16
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of
the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$899,416,000, of which $760,155,000 shall remain available until
September 30, 2011: Provided, That of the amount made available
under this heading, $161,815,000 may not be obligated for the National Cyber Security Division program and $12,500,000 may not be
obligated for the Next Generation Networks program until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure for each of these
programs that describes the strategic context of the program, the
specific goals and milestones set for the program, and the funds allocated to achieving each of those goals and milestones: Provided
further, That of the total amount provided, no less than:
$20,000,000 is for the National Infrastructure Simulation and
Analysis Center; $1,000,000 is for Philadelphia infrastructure monitoring; $3,500,000 is for State and local cyber security training;
$3,000,000 is for the Power and Cyber Systems Protection, Analysis,
and Testing Program at the Idaho National Laboratory; $3,500,000
is for the Cyber Security Test Bed and Evaluation Center;
$3,000,000 is for the Multi-State Information Sharing and Analysis
Center; $500,000 is for the Virginia Operational Integration Cyber
Center of Excellence; $100,000 is for the Upstate New York Cyber
Initiative; and $1,000,000 is for interoperable communications, technical assistance, and outreach programs.
FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally-owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office
of Management and Budget shall certify in writing to the Committees on Appropriations of the Senate and the House of Representatives no later than December 31, 2009, that the operations of the
Federal Protective Service will be fully funded in fiscal year 2010
through revenues and collection of security fees, and shall adjust the
fees to ensure fee collections are sufficient to ensure that the Federal
Protective Service maintains not fewer than 1,200 full-time equivalent staff and 900 full-time equivalent Police Officers, Inspectors,
Area Commanders, and Special Agents who, while working, are directly engaged on a daily basis protecting and enforcing laws at
Federal buildings (referred to as ‘‘in-service field staff’’).

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UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY

For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as authorized by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $373,762,000,
to remain available until expended: Provided, That of the total
amount made available under this heading, $75,000,000 may not be
obligated for the United States Visitor and Immigrant Status Indi-

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17
cator Technology project until the Committees on Appropriations of
the Senate and the House of Representatives receive a plan for expenditure, prepared by the Secretary of Homeland Security, not
later than 90 days after the date of enactment of this Act that meets
the statutory conditions specified under this heading in Public Law
110–329: Provided further, That not less than $28,000,000 of unobligated balances of prior year appropriations shall remain available
and be obligated solely for implementation of a biometric air exit capability.
OFFICE

OF

HEALTH AFFAIRS

For necessary expenses of the Office of Health Affairs,
$139,250,000, of which $30,411,000 is for salaries and expenses:
Provided, That $108,839,000 shall remain available until September 30, 2011, for biosurveillance, BioWatch, medical readiness
planning, chemical response, and other activities, including
$5,000,000 for the North Carolina Collaboratory for Bio-Preparedness, University of North Carolina, Chapel Hill: Provided further,
That not to exceed $3,000 shall be for official reception and representation expenses.
FEDERAL EMERGENCY MANAGEMENT AGENCY

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MANAGEMENT AND ADMINISTRATION

For necessary expenses for management and administration of
the Federal Emergency Management Agency, $797,650,000, including activities authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro
Grande Fire Assistance Act of 2000 (division C, title I, 114 Stat.
583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5
U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), and the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109–295; 120 Stat. 1394): Provided, That not to
exceed $3,000 shall be for official reception and representation expenses: Provided further, That the President’s budget submitted
under section 1105(a) of title 31, United States Code, shall be detailed by office for the Federal Emergency Management Agency: Provided further, That of the total amount made available under this
heading, not to exceed $36,300,000 shall remain available until
September 30, 2011, for capital improvements at the Mount Weather
Emergency Operations Center: Provided further, That of the total
amount made available under this heading, $32,500,000 shall be
for the Urban Search and Rescue Response System, of which not to
exceed $1,600,000 may be made available for administrative costs;
and $6,995,000 shall be for the Office of National Capital Region
Coordination: Provided further, That for purposes of planning, coordination, execution, and decision-making related to mass evacuation during a disaster, the Governors of the State of West Virginia
and the Commonwealth of Pennsylvania, or their designees, shall be
incorporated into efforts to integrate the activities of Federal, State,

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18
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

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(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other activities, $3,015,200,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 605): Provided, That of the amount provided by this paragraph, $60,000,000 shall be for Operation
Stonegarden: Provided further, That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2010, the Commonwealth of Puerto Rico shall make available to local and
tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004.
(2) $887,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604), of which, notwithstanding subsection (c)(1) of
such section, $19,000,000 shall be for grants to organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical Response System under section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 723).
(5) $13,000,000 shall be for the Citizen Corps Program.
(6) $300,000,000 shall be for Public Transportation Security Assistance and Railroad Security Assistance, under sections
1406 and 1513 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 1135
and 1163), of which not less than $20,000,000 shall be for Amtrak security: Provided, That such public transportation security assistance shall be provided directly to public transportation agencies.
(7) $300,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C.
70107(c).
(8) $12,000,000 shall be for Over-the-Road Bus Security Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53;
6 U.S.C. 1182).
(9) $50,000,000 shall be for Buffer Zone Protection Program
Grants.
(10) $50,000,000 shall be for the Driver’s License Security
Grants Program in accordance with section 204 of the REAL ID
Act of 2005 (49 U.S.C. 30301 note).

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smartinez on DSKB9S0YB1PROD with REPORTS

19
(11) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579).
(12) $60,000,000 shall be for grants for Emergency Operations Centers under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) to
remain available until expended, of which no less than the
amount specified for each Emergency Operations Center shall
be provided as follows: $500,000, Benton County Emergency
Management Commission, Iowa; $100,000, Brazoria County
Emergency Management, Texas; $800,000, Butte-Silver Bow,
Montana; $338,000, Calvert County Department of Public Safety, Maryland; $425,000, City of Alamosa Fire Department, Colorado; $600,000, City of Ames, Iowa; $250,000, City of Boerne,
Texas; $500,000, City of Brawley, California; $300,000, City of
Brigantine, New Jersey; $350,000, City of Brookings, Oregon;
$1,000,000, City of Chicago, Illinois; $1,000,000, City of Commerce, California; $300,000, City of Cupertino, California;
$1,000,000, City of Detroit, Michigan; $750,000, City of Elk
Grove, California; $400,000, City of Green Cove Springs, Florida; $600,000, City of Greenville, North Carolina; $300,000,
City of Hackensack, New Jersey; $800,000, City of Hartford,
Connecticut; $250,000, City of Hopewell, Virginia; $254,500,
City of La Habra, California; $600,000, City of Las Vegas, Nevada; $750,000, City of Lauderdale Lakes, Florida; $750,000,
City of Minneapolis, Minnesota; $375,000, City of Monterey
Park, California; $400,000, City of Moreno Valley, California;
$1,000,000, City of Mount Vernon, New York; $1,000,000, City
of Newark, New Jersey; $900,000, City of North Little Rock, Arkansas; $350,000, City of Palm Coast, Florida; $750,000, City
of Port Gibson, Mississippi; $500,000, City of Scottsdale, Arizona; $750,000, City of Sunrise, Florida; $500,000, City of
Tavares, Florida; $400,000, City of Torrington, Connecticut;
$900,000, City of Whitefish, Montana; $500,000, City of Whittier, California; $500,000, City of Wichita, Kansas; $500,000,
Columbia County, Oregon; $500,000, County of Union, New
Jersey; $400,000, Dorchester County, South Carolina; $200,000,
Fulton County (Atlanta) Emergency Management Agency, Georgia; $250,000, Howell County Emergency Preparedness, Missouri; $500,000, Jackson County Sheriff’s Office, Missouri;
$750,000, Johnson County, Texas; $500,000, Kentucky Emergency Management, Kentucky; $800,000, Lake County, Florida;
$600,000, Lea County, New Mexico; $1,000,000, Lincoln County, Washington; $250,000, Lycoming County, Pennsylvania;
$250,000, Macomb County Emergency Management and Communications, Michigan; $300,000, Mercer County Emergency
Management Agency, Kentucky; $1,000,000, Middle Rio Grande
Development Council, Texas; $250,000, Minooka Fire Protection
District, Illinois; $800,000, Mobile County Commission, Alabama; $200,000, Monroe County, Florida; $1,000,000, Morris
County, New Jersey Office of Emergency Management, New Jersey; $750,000, New Orleans Emergency Medical Services, Louisiana; $1,000,000, North Carolina Office of Emergency Management, North Carolina; $500,000, North Hudson Regional
Fire and Rescue, New Jersey; $980,000, North Louisiana Re-

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20
gional, Lincoln Parish, Louisiana; $1,500,000, Ohio Emergency
Management Agency, Columbus, Ohio; $250,000, Passaic County Prosecutor’s Office, New Jersey; $980,000, City of Providence,
Rhode Island; $800,000, San Francisco Department of Emergency Management, California; $300,000, Sarasota County,
Florida; $650,000, Scotland County, North Carolina; $500,000,
Somerset County, Maine; $1,500,000, State of Maryland, Maryland; $158,000, City of Maitland, Florida; $500,000, Tohono
O’odham Nation; $75,000, Towamencin Township, Pennsylvania; $275,000, Town of Harrison, New York; $500,000, Town
of Shorter, Alabama; $750,000, Township of Irvington, New
Jersey; $500,000, Township of Old Bridge, New Jersey;
$247,000, Township of South Orange Village, South Orange,
New Jersey; $500,000, Upper Darby Township Police Department, Pennsylvania; $165,000, Village of Elmsford, New York;
$350,000, Washington Parish Government, Louisiana;
$900,000, Westmoreland County Department of Public Safety,
Pennsylvania; $1,000,000, Williamsburg County, South Carolina; and $20,000, Winston County Commission, Alabama.
(13) $267,200,000 shall be for training, exercises, technical
assistance, and other programs, of which—
(A) $164,500,000 shall be for the National Domestic
Preparedness Consortium in accordance with section 1204
of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102), of which $62,500,000
shall be for the Center for Domestic Preparedness;
$23,000,000 shall be for the National Energetic Materials
Research and Testing Center, New Mexico Institute of Mining and Technology; $23,000,000 shall be for the National
Center for Biomedical Research and Training, Louisiana
State University; $23,000,000 shall be for the National
Emergency Response and Rescue Training Center, Texas
A&M University; $23,000,000 shall be for the National Exercise, Test, and Training Center, Nevada Test Site;
$5,000,000 shall be for the Natural Disaster Preparedness
Training Center, University of Hawaii, Honolulu, Hawaii;
$5,000,000 shall be for surface transportation emergency
preparedness and response training to be awarded under
full and open competition;
(B) $1,700,000 shall be for the Center for Counterterrorism and Cyber Crime, Norwich University, Northfield,
Vermont; and
(C) $3,000,000 shall be for the Rural Domestic Preparedness Consortium, Eastern Kentucky University:
Provided, That 4 percent of the amounts provided under this heading shall be transferred to the Federal Emergency Management
Agency ‘‘Management and Administration’’ account for program administration, and an expenditure plan for program administration
shall be provided to the Committees on Appropriations of the Senate
and the House of Representatives within 60 days after the date of
enactment of this Act: Provided further, That notwithstanding section 2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C.
609(a)(11)), or any other provision of law, a grantee may use not
more than 5 percent of the amount of a grant made available under
this heading for expenses directly related to administration of the

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grant: Provided further, That for grants under paragraphs (1)
through (5), the applications for grants shall be made available to
eligible applicants not later than 25 days after the date of enactment of this Act, that eligible applicants shall submit applications
not later than 90 days after the grant announcement, and that the
Administrator of the Federal Emergency Management Agency shall
act within 90 days after receipt of an application: Provided further,
That for grants under paragraphs (6) through (11), the applications
for grants shall be made available to eligible applicants not later
than 30 days after the date of enactment of this Act, that eligible
applicants shall submit applications within 45 days after the grant
announcement, and that the Federal Emergency Management Agency shall act not later than 60 days after receipt of an application:
Provided further, That for grants under paragraphs (1) and (2), the
installation of communications towers is not considered construction
of a building or other physical facility: Provided further, That
grantees shall provide reports on their use of funds, as determined
necessary by the Secretary: Provided further, That (a) the Center for
Domestic Preparedness may provide training to emergency response
providers from the Federal Government, foreign governments, or
private entities, if the Center for Domestic Preparedness is reimbursed for the cost of such training, and any reimbursement under
this subsection shall be credited to the account from which the expenditure being reimbursed was made and shall be available, without fiscal year limitation, for the purposes for which amounts in the
account may be expended, and (b) the head of the Center for Domestic Preparedness shall ensure that any training provided under (a)
does not interfere with the primary mission of the Center to train
State and local emergency response providers.
FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$810,000,000, of which $390,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2011: Provided, That not to
exceed 5 percent of the amount available under this heading shall
be available for program administration, and an expenditure plan
for program administration shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives within 60 days of the date of enactment of this Act.

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EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $340,000,000: Provided, That total administrative costs shall not exceed 3 percent of
the total amount appropriated under this heading, and an expenditure plan for program administration shall be provided to the Com-

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mittees on Appropriations of the Senate and the House of Representatives within 60 days of the date of enactment of this Act.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2010, as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology for assessment and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including administrative
costs of collecting such fees: Provided further, That fees received
under this heading shall be deposited in this account as offsetting
collections and will become available for authorized purposes on October 1, 2010, and remain available until expended.
UNITED STATES FIRE ADMINISTRATION

For necessary expenses of the United States Fire Administration
and for other purposes, as authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), $45,588,000.
DISASTER RELIEF

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(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $1,600,000,000, to remain available until expended: Provided,
That the Federal Emergency Management Agency shall submit an
expenditure plan to the Committees on Appropriations of the Senate
and the House of Representatives detailing the use of the funds for
disaster readiness and support within 60 days after the date of enactment of this Act: Provided further, That the Federal Emergency
Management Agency shall submit to such Committees a quarterly
report detailing obligations against the expenditure plan and a justification for any changes in spending: Provided further, That of the
total amount provided, $16,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters, subject to section 503 of
this Act: Provided further, That $105,600,000 shall be transferred
to Federal Emergency Management Agency ‘‘Management and Administration’’ for management and administration functions: Provided further, That the amount provided in the previous proviso
shall not be available for transfer to ‘‘Management and Administration’’ until the Federal Emergency Management Agency submits an
expenditure plan to the Committees on Appropriations of the Senate
and the House of Representatives: Provided further, That the Federal Emergency Management Agency shall submit the monthly ‘‘Disaster Relief’’ report, as specified in Public Law 110–161, to the Committees on Appropriations of the Senate and the House of Representatives, and include the amounts provided to each Federal agency for
mission assignments: Provided further, That for any request for re-

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23
imbursement from a Federal agency to the Department of Homeland
Security to cover expenditures under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or
any mission assignment orders issued by the Department for such
purposes, the Secretary of Homeland Security shall take appropriate
steps to ensure that each agency is periodically reminded of Department policies on—
(1) the detailed information required in supporting documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and
such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain available until expended: Provided, That total administrative
costs shall not exceed 3 percent of the total amount appropriated
under this heading.

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NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001 et seq.), $146,000,000, which shall be derived
from offsetting collections assessed and collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)), which is available as follows: (1) not to exceed $38,680,000
for salaries and expenses associated with flood mitigation and flood
insurance operations; and (2) no less than $107,320,000 for flood
plain management and flood mapping, which shall remain available until September 30, 2011: Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting collection to this account, to be available for flood plain management and flood mapping: Provided further, That in fiscal year
2010, no funds shall be available from the National Flood Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in excess
of: (1) $85,000,000 for operating expenses; (2) $969,370,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $120,000,000, which shall
remain available until expended for flood mitigation actions, of
which $70,000,000 is for severe repetitive loss properties under section 1361A of the National Flood Insurance Act of 1968 (42 U.S.C.
4102a), of which $10,000,000 is for repetitive insurance claims prop-

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24
erties under section 1323 of the National Flood Insurance Act of
1968 (42 U.S.C. 4030), and of which $40,000,000 is for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs
(B) and (C) of subsection (b)(3) and subsection (f) of section 1366 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and
notwithstanding subsection (a)(7) of section 1310 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4017): Provided further,
That amounts collected under section 102 of the Flood Disaster Protection Act of 1973 and section 1366(i) of the National Flood Insurance Act of 1968 shall be deposited in the National Flood Insurance
Fund to supplement other amounts specified as available for section
1366 of the National Flood Insurance Act of 1968, notwithstanding
42 U.S.C. 4012a(f)(8), 4104c(i), and 4104d(b)(2)–(3): Provided further, That total administrative costs shall not exceed 4 percent of
the total appropriation.
NATIONAL PREDISASTER MITIGATION FUND

For the predisaster mitigation grant program under section 203
of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133), $100,000,000, to remain available until expended and to be obligated as detailed in the joint explanatory
statement accompanying this Act: Provided, That the total administrative costs associated with such grants shall not exceed 3 percent
of the total amount made available under this heading.
EMERGENCY FOOD AND SHELTER

To carry out the emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $200,000,000, to remain available until expended: Provided, That total administrative costs shall not exceed
3.5 percent of the total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

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UNITED STATES CITIZENSHIP

AND IMMIGRATION

SERVICES

For necessary expenses for citizenship and immigration services,
$224,000,000, of which $50,000,000 is for processing applications
for asylum or refugee status; of which $5,000,000 is for the processing of military naturalization applications; and of which
$137,000,000 is for the basic pilot program (E-Verify Program), as
authorized by section 402 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist United States employers with maintaining a legal workforce:
Provided, That of the amounts made available for the basic pilot
program (E-Verify Program), $30,000,000 shall remain available
until September 30, 2011: Provided further, That notwithstanding
any other provision of law, funds available to United States Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to five vehicles, for replacement only, for
areas where the Administrator of General Services does not provide
vehicles for lease: Provided further, That the Director of United

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States Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel
between the employees’ residences and places of employment: Provided further, That none of the funds made available under this
heading may be obligated for processing applications for asylum or
refugee status unless the Secretary of Homeland Security has published a final rule updating part 103 of title 8, Code of Federal Regulations, to discontinue the asylum/refugee surcharge: Provided further, That none of the funds made available under this heading
may be obligated for development of the ‘‘REAL ID hub’’ until the
Committees on Appropriations of the Senate and the House of Representatives receive a plan for expenditure for that program that describes the strategic context of the program, the specific goals and
milestones set for the program, and the funds allocated for achieving each of these goals and milestones: Provided further, That none
of the funds made available in this Act for grants for immigrant integration may be used to provide services to aliens who have not
been lawfully admitted for permanent residence.
FEDERAL LAW ENFORCEMENT TRAINING CENTER

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SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones
for official duties; and services as authorized by section 3109 of title
5, United States Code; $239,356,000, of which up to $47,751,000
shall remain available until September 30, 2011, for materials and
support costs of Federal law enforcement basic training; of which
$300,000 shall remain available until expended for Federal law enforcement agencies participating in training accreditation, to be distributed as determined by the Federal Law Enforcement Training
Center for the needs of participating agencies; and of which not to
exceed $12,000 shall be for official reception and representation expenses: Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available
at the end of the fiscal year: Provided further, That section 1202(a)
of Public Law 107–206 (42 U.S.C. 3771 note), as amended by Public
Law 110–329 (122 Stat. 3677), is further amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December 31, 2012’’: Provided further, That the Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors: Provided

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further, That the Director of the Federal Law Enforcement Training
Center shall schedule basic or advanced law enforcement training,
or both, at all four training facilities under the control of the Federal Law Enforcement Training Center to ensure that such training
facilities are operated at the highest capacity throughout the fiscal
year.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements,
and related expenses of the Federal Law Enforcement Training Center, $43,456,000, to remain available until expended: Provided, That
the Center is authorized to accept reimbursement to this appropriation from government agencies requesting the construction of special
use facilities.
SCIENCE

AND

TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary
for Science and Technology and for management and administration of programs and activities, as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $143,200,000:
Provided, That not to exceed $10,000 shall be for official reception
and representation expenses.

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RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

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

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replicable port security system that would improve maritime domain awareness: Provided further, That $32,000,000 shall be for
the National Bio- and Agro-defense Facility, of which up to
$2,000,000 may be obligated for the National Academy of Sciences
to complete the Letter Report required in section 560(b) of this Act.
DOMESTIC NUCLEAR DETECTION OFFICE
MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic Nuclear Detection Office as authorized by title XIX of the Homeland Security Act of 2002
(6 U.S.C. 591 et seq.) as amended, for management and administration of programs and activities, $38,500,000: Provided, That not to
exceed $3,000 shall be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $324,537,000, to
remain available until September 30, 2012.
SYSTEMS ACQUISITION

For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance
with the global nuclear detection architecture, $20,000,000, to remain available until September 30, 2012: Provided, That none of
the funds appropriated under this heading in this Act or any other
Act shall be obligated for full-scale procurement of Advanced
Spectroscopic Portal monitors until the Secretary of Homeland Security submits to the Committees on Appropriations of the Senate
and the House of Representatives a report certifying that a significant increase in operational effectiveness will be achieved by such
obligation: Provided further, That the Secretary shall submit separate and distinct certifications prior to the procurement of Advanced
Spectroscopic Portal monitors for primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment: Provided further, That the Secretary shall continue to consult with the National Academy of
Sciences before making such certifications: Provided further, That
none of the funds appropriated under this heading shall be used for
high-risk concurrent development and production of mutually dependent software and hardware.
TITLE V
GENERAL PROVISIONS

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(INCLUDING RESCISSIONS OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for

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28
such activities established pursuant to this Act, may be merged with
funds in the applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the agencies in or transferred to
the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of
funds that: (1) creates a new program, project, or activity; (2) eliminates a program, project, office, or activity; (3) increases funds for
any program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds directed for
a specific activity by either of the Committees on Appropriations of
the Senate or the House of Representatives for a different purpose;
or (5) contracts out any function or activity for which funding levels
were requested for Federal full-time equivalents in the object classification tables contained in the fiscal year 2010 Budget Appendix
for the Department of Homeland Security, as modified by the joint
explanatory statement accompanying this Act, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of
funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2010, or provided from any accounts in
the Treasury of the United States derived by the collection of fees
or proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $5,000,000
or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by the Congress; or (3) results from any
general savings from a reduction in personnel that would result in
a change in existing programs, projects, or activities as approved by
the Congress, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any transfer
under this section shall be treated as a reprogramming of funds
under subsection (b) and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances

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29
that imminently threaten the safety of human life or the protection
of property.
SEC. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–
356 (31 U.S.C. 501 note), shall continue operations as a permanent
working capital fund for fiscal year 2010: Provided, That none of
the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to the
Working Capital Fund, except for the activities and amounts allowed in the President’s fiscal year 2010 budget: Provided further,
That funds provided to the Working Capital Fund shall be available for obligation until expended to carry out the purposes of the
Working Capital Fund: Provided further, That all departmental
components shall be charged only for direct usage of each Working
Capital Fund service: Provided further, That funds provided to the
Working Capital Fund shall be used only for purposes consistent
with the contributing component: Provided further, That such fund
shall be paid in advance or reimbursed at rates which will return
the full cost of each service: Provided further, That the Working
Capital Fund shall be subject to the requirements of section 503 of
this Act.
SEC. 505. Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at
the end of fiscal year 2010 from appropriations for salaries and expenses for fiscal year 2010 in this Act shall remain available
through September 30, 2011, in the account and for the purposes for
which the appropriations were provided: Provided, That prior to the
obligation of such funds, a request shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives for approval in accordance with section 503 of this Act.
SEC. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50
U.S.C. 414) during fiscal year 2010 until the enactment of an Act
authorizing intelligence activities for fiscal year 2010.
SEC. 507. None of the funds made available by this Act may be
used to make a grant allocation, grant award, contract award,
Other Transaction Agreement, a task or delivery order on a Department of Homeland Security multiple award contract, or to issue a
letter of intent totaling in excess of $1,000,000, or to announce publicly the intention to make such an award, including a contract covered by the Federal Acquisition Regulation, unless the Secretary of
Homeland Security notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business
days in advance of making such an award or issuing such a letter:
Provided, That if the Secretary of Homeland Security determines
that compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without notification and the Committees on Appropriations of the Senate and the
House of Representatives shall be notified not later than 5 full business days after such an award is made or letter issued: Provided
further, That no notification shall involve funds that are not available for obligation: Provided further, That the notification shall include the amount of the award, the fiscal year for which the funds
for the award were appropriated, and the account from which the

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30
funds are being drawn: Provided further, That the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business
days in advance of announcing publicly the intention of making an
award under ‘‘State and Local Programs’’.
SEC. 508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training
which cannot be accommodated in existing Center facilities.
SEC. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended
for each project for required expenses for the development of a proposed prospectus.
SEC. 510. Sections 519, 520, 522, 528, 530, and 531 of the Department of Homeland Security Appropriations Act, 2008 (division
E of Public Law 110–161; 121 Stat. 2072, 2073, 2074, 2082) shall
apply with respect to funds made available in this Act in the same
manner as such sections applied to funds made available in that
Act.
SEC. 511. None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American Act (41 U.S.C. 10a et seq.).
SEC. 512. None of the funds made available in this Act may be
used to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 513. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June 1,
2004, by employees (including employees serving on a temporary or
term basis) of United States Citizenship and Immigration Services
of the Department of Homeland Security who are known as of that
date as Immigration Information Officers, Contact Representatives,
or Investigative Assistants.
SEC. 514. (a) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air carriers and airports to ensure that the screening of cargo carried on
passenger aircraft, as defined in section 44901(g)(5) of title 49,
United States Code, increases incrementally each quarter until the
requirement of section 44901(g)(2)(B) of title 49 is met.
(b) Not later than 45 days after the end of each quarter, the Assistant Secretary shall submit to the Committees on Appropriations
of the Senate and the House of Representatives a report on air cargo
inspection statistics by airport and air carrier detailing the incremental progress being made to meet the requirement of section
44901(g)(2)(B) of title 49, United States Code.
(c) Not later than 180 days after the date of the enactment of
this Act, the Assistant Secretary shall submit to the Committees on

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Appropriations of the Senate and the House of Representatives, a report on how the Transportation Security Administration plans to
meet the requirement for screening all air cargo on passenger aircraft by the deadline under section 44901(g) of title 49, United
States Code. The report shall identify the elements of the system to
screen 100 percent of cargo transported between domestic airports at
a level of security commensurate with the level of security for the
screening of passenger checked baggage.
SEC. 515. Within 45 days after the end of each month, the Chief
Financial Officer of the Department of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report for
that month that includes total obligations, on-board versus funded
full-time equivalent staffing levels, and the number of contract employees for each office of the Department.
SEC. 516. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ for fiscal years 2004,
2005, 2006, 2007, and 2008 that are recovered or deobligated shall
be available only for the procurement or installation of explosives
detection systems, air cargo, baggage, and checkpoint screening systems, subject to notification: Provided, That quarterly reports shall
be submitted to the Committees on Appropriations of the Senate and
the House of Representatives on any funds that are recovered or
deobligated.
SEC. 517. Any funds appropriated to Coast Guard ‘‘Acquisition,
Construction, and Improvements’’ for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110–123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended for
the Replacement Patrol Boat (FRC–B) program.
SEC. 518. (a) None of the funds provided by this or any other
Act may be obligated for the development, testing, deployment, or
operation of any portion of a human resources management system
authorized by section 9701(a) of title 5, United States Code, or by
regulations prescribed pursuant to such section, for an employee, as
that term is defined in section 7103(a)(2) of such title.
(b) The Secretary of Homeland Security shall collaborate with
employee representatives in the manner prescribed in section 9701(e)
of title 5, United States Code, in the planning, testing, and development of any portion of a human resources management system that
is developed, tested, or deployed for persons excluded from the definition of employee as that term is defined in section 7103(a)(2) of
such title.
SEC. 519. Section 532(a) of Public Law 109–295 (120 Stat.
1384) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’.
SEC. 520. The functions of the Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform
Act of 1998 (31 U.S.C. 501 note).
SEC. 521. (a) Except as provided in subsection (b), none of the
funds appropriated in this or any other Act to the Office of the Secretary and Executive Management, the Office of the Under Secretary
for Management, or the Office of the Chief Financial Officer, may

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be obligated for a grant or contract funded under such headings by
any means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded—
(1) by a means that is required by a Federal statute, including obligation for a purchase made under a mandated preferential program, including the AbilityOne Program, that is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et
seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided
through an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland Security may waive the application of this section for the award of a contract in the interest of national security or if failure to do so would
pose a substantial risk to human health or welfare.
(2) Not later than 5 days after the date on which the Secretary
of Homeland Security issues a waiver under this subsection, the
Secretary shall submit notification of that waiver to the Committees
on Appropriations of the Senate and the House of Representatives,
including a description of the applicable contract and an explanation of why the waiver authority was used. The Secretary may not
delegate the authority to grant such a waiver.
(d) In addition to the requirements established by subsections
(a), (b), and (c) of this section, the Inspector General of the Department of Homeland Security shall review departmental contracts
awarded through means other than a full and open competition to
assess departmental compliance with applicable laws and regulations: Provided, That the Inspector General shall review selected
contracts awarded in the previous fiscal year through means other
than a full and open competition: Provided further, That in selecting which contracts to review, the Inspector General shall consider
the cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to fulfilling Department missions, past performance problems on similar contracts or
by the selected vendor, complaints received about the award process
or contractor performance, and such other factors as the Inspector
General deems relevant: Provided further, That the Inspector General shall report the results of the reviews to the Committees on Appropriations of the Senate and the House of Representatives no later
than February 5, 2010.
SEC. 522. Except as provided in paragraphs (1) and (2) of this
section, none of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as a Principal Federal Official, or any successor position, for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) declared disasters or emergencies—
(1) The Secretary of Homeland Security may waive the application of this section provided that any field position appointed pursuant to this waiver shall not hold the title of Prin-

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33
cipal Federal Official, shall functionally report through the
Federal Coordinating Officer appointed under section 302 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5143), and shall be subject to the provisions of
subsection (c) of section 319 of title 6, United States Code. The
Secretary may not delegate the authority to grant such a waiver.
(2) Not later than 10 business days after the date on which
the Secretary of Homeland Security issues a waiver under this
section, the Secretary shall submit notification of that waiver to
the Committees on Appropriations of the Senate and the House
of Representatives, the Transportation and Infrastructure Committee of the House of Representatives, and the Homeland Security and Governmental Affairs Committee of the Senate explaining the circumstances necessitating the waiver, describing the
specific role of any officials appointed pursuant to the waiver,
and outlining measures taken to ensure compliance with subsection (c) of section 319 and subsections (c)(3) and (c)(4)(A) of
section 313 of title 6, United States Code.
SEC. 523. None of the funds made available in this or any other
Act may be used to enforce section 4025(1) of Public Law 108–458
unless the Assistant Secretary of Homeland Security (Transportation Security Administration) reverses the determination of July
19, 2007, that butane lighters are not a significant threat to civil
aviation security.
SEC. 524. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands,
and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any Civil
Engineering Unit unless specifically authorized by a statute enacted
after the date of the enactment of this Act.
SEC. 525. None of the funds provided in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002
(6 U.S.C. 452).
SEC. 526. None of the funds made available in this Act may be
used by United States Citizenship and Immigration Services to
grant an immigration benefit unless the results of background
checks required by law to be completed prior to the granting of the
benefit have been received by United States Citizenship and Immigration Services, and the results do not preclude the granting of the
benefit.
SEC. 527. None of the funds made available in this Act may be
used to destroy or put out to pasture any horse or other equine belonging to the Federal Government that has become unfit for service,
unless the trainer or handler is first given the option to take possession of the equine through an adoption program that has safeguards against slaughter and inhumane treatment.
SEC. 528. None of the funds provided in this Act under the
heading ‘‘Office of the Chief Information Officer’’ shall be used for
data center development other than for Data Center One (National
Center for Critical Information Processing and Storage) until the
Chief Information Officer certifies that Data Center One is fully uti-

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lized as the Department’s primary data storage center at the highest
capacity throughout the fiscal year.
SEC. 529. None of the funds in this Act shall be used to reduce
the United States Coast Guard’s Operations Systems Center mission
or its government-employed or contract staff levels.
SEC. 530. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a competition under
Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center.
SEC. 531. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended—
(1) in subsection (a), by striking ‘‘Until September 30, 2009’’
and inserting ‘‘Until September 30, 2010,’’; and
(2) in subsection (d)(1), by striking ‘‘September 30, 2009,’’
and inserting ‘‘September 30, 2010,’’.
SEC. 532. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes
(which outcomes shall be specified in terms of cost, schedule, and
performance).
SEC. 533. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for any new hires by the Department of Homeland Security
that are not verified through the basic pilot program (E-Verify Program) under section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
SEC. 534. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within
the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that
complies with the Federal Food, Drug, and Cosmetic Act: Provided,
That this section shall apply only to individuals transporting on
their person a personal-use quantity of the prescription drug, not to
exceed a 90-day supply: Provided further, That the prescription
drug may not be—
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 535. None of the funds made available in this Act may be
used by the Secretary of Homeland Security or any delegate of the
Secretary to issue any rule or regulation which implements the Notice of Proposed Rulemaking related to Petitions for Aliens To Perform Temporary Nonagricultural Services or Labor (H–2B) set out
beginning on 70 Fed. Reg. 3984 (January 27, 2005).
SEC. 536. The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of
any proposed transfers of funds available under subsection (g)(4)(B)
of title 31, United States Code (as added by Public Law 102–393)
from the Department of the Treasury Forfeiture Fund to any agency
within the Department of Homeland Security: Provided, That none
of the funds identified for such a transfer may be obligated until the

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Committees on Appropriations of the Senate and the House of Representatives approve the proposed transfers.
SEC. 537. None of the funds made available in this Act may be
used for planning, testing, piloting, or developing a national identification card.
SEC. 538. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an airport does not need to participate in the basic pilot program (EVerify Program) under section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note), the Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no
security risks will result from such non-participation.
SEC. 539. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date that
the President determines whether to declare a major disaster because of an event and any appeal is completed, the Administrator
shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security
of the House of Representatives, the Committee on Transportation
and Infrastructure of the House of Representatives, the Committees
on Appropriations of the Senate and the House of Representatives,
and publish on the website of the Federal Emergency Management
Agency, a report regarding that decision, which shall summarize
damage assessment information used to determine whether to declare a major disaster.
(b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security.
(c) In this section—
(1) the term ‘‘Administrator’’ means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ‘‘major disaster’’ has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
SEC. 540. Notwithstanding any other provision of law, should
the Secretary of Homeland Security determine that the National
Bio- and Agro-defense Facility be located at a site other than Plum
Island, New York, the Secretary shall have the Administrator of
General Services sell through public sale all real and related personal property and transportation assets which support Plum Island operations, subject to such terms and conditions as necessary
to protect government interests and meet program requirements:
Provided, That the gross proceeds of such sale shall be deposited as
offsetting collections into the Department of Homeland Security
Science and Technology ‘‘Research, Development, Acquisition, and
Operations’’ account and, subject to appropriation, shall be available until expended, for site acquisition, construction, and costs related to the construction of the National Bio- and Agro-defense Facility, including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation at
Plum Island, and reimbursement of expenses incurred by the General Services Administration which shall not exceed 1 percent of the
sale price or $5,000,000, whichever is greater: Provided further,
That after the completion of construction and environmental reme-

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diation, the unexpended balances of funds appropriated for costs in
the preceding proviso shall be available for transfer to the appropriate account for design and construction of a consolidated Department of Homeland Security Headquarters project, excluding daily
operations and maintenance costs, notwithstanding section 503 of
this Act, and the Committees on Appropriations of the Senate and
the House of Representatives shall be notified 15 days prior to such
transfer.
SEC. 541. The explanatory statement referenced in section 4 of
Public Law 110–161 for ‘‘National Predisaster Mitigation Fund’’
under Federal Emergency Management Agency is deemed to be
amended—
(1) by striking ‘‘Dalton Fire District’’ and all that follows
through ‘‘750,000’’ and inserting the following:
‘‘Franklin Regional Council of Governments, MA ........................................................
Town of Lanesborough, MA ...........................................................................................
University of Massachusetts, MA ...................................................................................

250,000
175,000
175,000’’;

(2) by striking ‘‘Santee and’’;
(3) by striking ‘‘3,000,000’’ and inserting ‘‘1,500,000’’;
(4) by inserting after the item relating to Adjutant General’s Office of Emergency Preparedness the following:
Town of Branchville, SC ............................................................................................

1,500,000’’;

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(5) by striking ‘‘Public Works Department of the City of
Santa Cruz, CA’’ and inserting ‘‘Monterey County Water Resources Agency, CA’’.
SEC. 542. Any official that is required by this Act to report or
certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform that act unless specifically authorized herein.
SEC. 543. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended
by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30,
2010’’.
SEC. 544. (a) Not later than 3 months after the date of enactment of this Act, the Secretary of Homeland Security shall consult
with the Secretaries of Defense and Transportation and develop a
concept of operations for unmanned aircraft systems in the United
States national airspace system for the purposes of border and maritime security operations.
(b) The Secretary of Homeland Security shall report to the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days after the date of enactment of this Act
on any foreseeable challenges to complying with subsection (a).
SEC. 545. From unobligated amounts that are available to the
Coast Guard for fiscal year 2008 or 2009 for ‘‘Acquisition, Construction, and Improvements’’ for shoreside facilities and aids to navigation at Coast Guard Sector Buffalo, the Secretary of Homeland Security shall use such sums as may be necessary to make improvements to the land along the northern portion of Sector Buffalo to enhance public access to the Buffalo Lighthouse and the waterfront.
SEC. 546. For fiscal year 2010 and thereafter, the Secretary may
provide to personnel appointed or assigned to serve abroad, allow-

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ances and benefits similar to those provided under chapter 9 of title
I of the Foreign Service Act of 1990 (22 U.S.C. 4081 et seq.).
SEC. 547. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is
amended by striking ‘‘at the end of the 11-year period beginning on
the first day the pilot program is in effect.’’ and inserting ‘‘on September 30, 2012.’’.
SEC. 548. Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1993 (8 U.S.C. 1153 note) is amended by striking ‘‘for 15 years’’
and inserting ‘‘until September 30, 2012’’.
SEC. 549. (a) In addition to collection of registration fees described in section 244(c)(1)(B) of the Immigration and Nationality
Act (8 U.S.C. 1254a(c)(1)(B)), fees for fingerprinting services, biometric services, and other necessary services may be collected when
administering the program described in section 244 of such Act.
(b) Subsection (a) shall be construed to apply for fiscal year
1998 and each fiscal year thereafter.
SEC. 550. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121
note) is amended by striking ‘‘three years after the date of enactment
of this Act’’ and inserting ‘‘on October 4, 2010’’.
SEC. 551. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1),
and 405(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C.
1324a note) are amended by striking ‘‘basic pilot program’’ each
place that term appears and inserting ‘‘E-Verify Program’’.
(2) The heading of section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by
striking ‘‘Basic Pilot’’ and inserting ‘‘E-Verify’’.
(b) Section 404(h)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C.
1324a note) is amended by striking ‘‘under a pilot program’’ and inserting ‘‘under this subtitle’’.
SEC. 552. (a) None of the funds made available in this or any
other Act may be used to release an individual who is detained, as
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into
the continental United States, Alaska, Hawaii, or the District of Columbia, into any of the United States territories of Guam, American
Samoa (AS), the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other Act
may be used to transfer an individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia,
into any of the United States territories of Guam, American Samoa
(AS), the United States Virgin Islands (USVI), the Commonwealth
of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of detention, except as provided in
subsection (c).
(c) None of the funds made available in this or any other Act
may be used to transfer an individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia,

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into any of the United States territories of Guam, American Samoa
(AS), the United States Virgin Islands (USVI), the Commonwealth
of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI), for the purposes of prosecuting such individual, or
detaining such individual during legal proceedings, until 45 days
after the plan described in subsection (d) is received.
(d) The President shall submit to Congress, in classified form,
a plan regarding the proposed disposition of any individual covered
by subsection (c) who is detained as of June 24, 2009. Such plan
shall include, at a minimum, each of the following for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically motivated criminal activity, or acts of terrorism, among inmate populations at incarceration facilities within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were transferred to such a facility.
(3) The costs associated with transferring the individual in
question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in paragraphs (1), (2), and (7).
(6) A copy of a notification to the Governor of the State to
which the individual will be transferred, to the Mayor of the
District of Columbia if the individual will be transferred to the
District of Columbia, or to any United States territories with a
certification by the Attorney General of the United States in
classified form at least 14 days prior to such transfer (together
with supporting documentation and justification) that the individual poses little or no security risk to the United States.
(7) An assessment of any risk to the national security of the
United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer and
the actions taken to mitigate such risk.
(e) None of the funds made available in this or any other Act
may be used to transfer or release an individual detained at Naval
Station, Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such individual’s nationality or last habitual residence or to
any other country other than the United States or to a freely associated State, unless the President submits to the Congress, in classified form, at least 15 days prior to such transfer or release, the following information:
(1) The name of any individual to be transferred or released and the country or the freely associated State to which
such individual is to be transferred or released.
(2) An assessment of any risk to the national security of the
United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer or
release and the actions taken to mitigate such risk.

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(3) The terms of any agreement with the country or the freely associated State for the acceptance of such individual, including the amount of any financial assistance related to such
agreement.
(f) None of the funds made available in this Act may be used
to provide any immigration benefit (including a visa, admission
into the United States or any of the United States territories, parole
into the United States or any of the United States territories (other
than parole for the purposes of prosecution and related detention),
or classification as a refugee or applicant for asylum) to any individual who is detained, as of June 24, 2009, at Naval Station,
Guantanamo Bay, Cuba.
(g) In this section, the term ‘‘freely associated States’’ means the
Federated States of Micronesia (FSM), the Republic of the Marshall
Islands (RMI), and the Republic of Palau.
(h) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to the
Congress a report in classified form describing the disposition or
legal status of each individual detained at the facility as of the date
of enactment of this Act.
SEC. 553. Section 44903(j)(2)(C) of title 49, United States Code,
is amended by adding at the end the following new clause:
‘‘(v) INCLUSION OF DETAINEES ON NO FLY LIST.—
The Assistant Secretary, in coordination with the Terrorist Screening Center, shall include on the No Fly
List any individual who was a detainee held at the
Naval Station, Guantanamo Bay, Cuba, unless the
President certifies in writing to Congress that the detainee poses no threat to the United States, its citizens,
or its allies. For purposes of this clause, the term ‘detainee’ means an individual in the custody or under
the physical control of the United States as a result of
armed conflict.’’.
SEC. 554. For fiscal year 2010 and thereafter, the Secretary of
Homeland Security may collect fees from any non-Federal participant in a conference, seminar, exhibition, symposium, or similar
meeting conducted by the Department of Homeland Security in advance of the conference, either directly or by contract, and those fees
shall be credited to the appropriation or account from which the
costs of the conference, seminar, exhibition, symposium, or similar
meeting are paid and shall be available to pay the costs of the Department of Homeland Security with respect to the conference or to
reimburse the Department for costs incurred with respect to the conference: Provided, That in the event the total amount of fees collected with respect to a conference exceeds the actual costs of the Department of Homeland Security with respect to the conference, the
amount of such excess shall be deposited into the Treasury as miscellaneous receipts: Provided further, That the Secretary shall provide a report to the Committees on Appropriations of the Senate and
the House of Representatives not later than January 5, 2011, providing the level of collections and a summary by agency of the purposes and levels of expenditures for the prior fiscal year, and shall
report annually thereafter.
SEC. 555. For purposes of section 210C of the Homeland Security Act of 2002 (6 U.S.C. 124j) a rural area shall also include any

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area that is located in a metropolitan statistical area and a county,
borough, parish, or area under the jurisdiction of an Indian tribe
with a population of not more than 50,000.
SEC. 556. None of the funds made available in this Act may be
used for first-class travel by the employees of agencies funded by
this Act in contravention of sections 301–10.122 through 301.10–124
of title 41, Code of Federal Regulations.
SEC. 557. None of the funds made available in this Act may be
used to propose or effect a disciplinary or adverse action, with respect to any Department of Homeland Security employee who engages regularly with the public in the performance of his or her official duties solely because that employee elects to utilize protective
equipment or measures, including but not limited to surgical masks,
N95 respirators, gloves, or hand-sanitizers, where use of such equipment or measures is in accord with Department of Homeland Security policy, and Centers for Disease Control and Prevention and Office of Personnel Management guidance.
SEC. 558. None of the funds made available in this Act may be
used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 559. (a) Subject to subsection (b), none of the funds appropriated or otherwise made available by this Act may be available
to operate the Loran-C signal after January 4, 2010.
(b) The limitation in subsection (a) shall take effect only if:
(1) the Commandant of the Coast Guard certifies that the
termination of the operation of the Loran-C signal as of the date
specified in subsection (a) will not adversely impact the safety
of maritime navigation; and
(2) the Secretary of Homeland Security certifies that the
Loran-C system infrastructure is not needed as a backup to the
Global Positioning System or to meet any other Federal navigation requirement.
(c) If the certifications described in subsection (b) are made, the
Coast Guard shall, commencing January 4, 2010, terminate the operation of the Loran-C signal and commence a phased decommissioning of the Loran-C system infrastructure.
(d) Not later than 30 days after such certifications pursuant to
subsection (b), the Commandant shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report
setting forth a proposed schedule for the phased decommissioning of
the Loran-C system infrastructure in the event of the decommissioning of such infrastructure in accordance with subsection (c).
(e) If the certifications described in subsection (b) are made, the
Secretary of Homeland Security, acting through the Commandant of
the Coast Guard, may, notwithstanding any other provision of law,
sell any real and personal property under the administrative control
of the Coast Guard and used for the Loran-C system, by directing
the Administrator of General Services to sell such real and personal
property, subject to such terms and conditions that the Secretary believes to be necessary to protect government interests and program
requirements of the Coast Guard: Provided, That the proceeds, less
the costs of sale incurred by the General Services Administration,
shall be deposited as offsetting collections into the Coast Guard ‘‘Environmental Compliance and Restoration’’ account and, subject to
appropriation, shall be available until expended for environmental

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compliance and restoration purposes associated with the Loran-C
system, for the costs of securing and maintaining equipment that
may be used as a backup to the Global Positioning System or to
meet any other Federal navigation requirement, for the demolition
of improvements on such real property, and for the costs associated
with the sale of such real and personal property, including due diligence requirements, necessary environmental remediation, and reimbursement of expenses incurred by the General Services Administration: Provided further, That after the completion of such activities, the unexpended balances shall be available for any other environmental compliance and restoration activities of the Coast Guard.
SEC. 560. (a) None of the funds made available by this Act may
be obligated for construction of the National Bio- and Agro-defense
Facility on the United States mainland until 30 days after the later
of:
(1) the date on which the Secretary of Homeland Security
submits to the Committee on Appropriations of the Senate and
the House of Representatives a site-specific bio-safety and biosecurity mitigation risk assessment, which includes an integrated set of analyses using plume modeling and epidemiologic
impact modeling, to determine the requirements necessary to ensure safe operation of the National Bio- and Agro-defense Facility at the approved Manhattan, Kansas, site identified in the
January 16, 2009, record of decision published in Federal Register Vol. 74, Number 11, and the results of the National Academy of Sciences’ review of the risk assessment as described in
paragraph (b): Provided, That the integrated set of analyses is
to determine the extent of the dispersion of the foot-and-mouth
virus following a potential laboratory spill, the potential spread
of foot-and-mouth disease in the surrounding susceptible animal population, and its economic impact: Provided further,
That the integrated set of analyses should also take into account specific local, State, and national risk mitigation strategies; or
(2) the date on which the Secretary of Homeland Security,
in coordination with the Secretary of Agriculture, submits to the
Committees on Appropriations of the Senate and the House of
Representatives a report that:
(A) describes the procedure that will be used to issue
the permit to conduct foot-and-mouth disease live virus research under section 7524 of the Food, Conservation, and
Energy Act of 2008 (21 U.S.C. 113a note; Public Law 110–
246); and
(B) includes plans to establish an emergency response
plan with city, regional, and State officials in the event of
an accidental release of foot-and-mouth disease or another
hazardous pathogen.
(b) With regard to the integrated set of analyses included in the
mitigation risk assessment required under paragraph (a)(1), the
Secretary of Homeland Security shall enter into a contract with the
National Academy of Sciences to evaluate the mitigation risk assessment required by subsection (a)(1) of this section and to submit a
Letter Report: Provided, That such contract shall be entered into
within 90 days from the date of enactment of this Act, and the National Academy of Sciences shall complete its assessment and sub-

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mit its Letter Report within four months after the date the Department of Homeland Security concludes the risk assessment.
SEC. 561. (a) SHORT TITLE.—This section may be cited as the
‘‘American Communities’ Right to Public Information Act’’.
(b) IN GENERAL.—Section 70103(d) of title 46, United States
Code, is amended to read as follows:
‘‘(d) NONDISCLOSURE OF INFORMATION.—
‘‘(1) IN GENERAL.—Information developed under this section
or sections 70102, 70104, and 70108 is not required to be disclosed to the public, including—
‘‘(A) facility security plans, vessel security plans, and
port vulnerability assessments; and
‘‘(B) other information related to security plans, procedures, or programs for vessels or facilities authorized under
this section or sections 70102, 70104, and 70108.
‘‘(2) LIMITATIONS.—Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive
security information (as defined in section 1520.5 of title 49,
Code of Federal Regulations)—
‘‘(A) to conceal a violation of law, inefficiency, or administrative error;
‘‘(B) to prevent embarrassment to a person, organization, or agency;
‘‘(C) to restrain competition; or
‘‘(D) to prevent or delay the release of information that
does not require protection in the interest of transportation
security, including basic scientific research information not
clearly related to transportation security.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 114(r) of title 49, United States Code, is amended by adding at the end thereof the following:
‘‘(4) LIMITATIONS.—Nothing in this subsection, or any other
provision of law, shall be construed to authorize the designation
of information as sensitive security information (as defined in
section 1520.5 of title 49, Code of Federal Regulations)—
‘‘(A) to conceal a violation of law, inefficiency, or administrative error;
‘‘(B) to prevent embarrassment to a person, organization, or agency;
‘‘(C) to restrain competition; or
‘‘(D) to prevent or delay the release of information that
does not require protection in the interest of transportation
security, including basic scientific research information not
clearly related to transportation security.’’.
(2) Section 40119(b) of title 49, United States Code, is
amended by adding at the end thereof the following:
‘‘(3) Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)—
‘‘(A) to conceal a violation of law, inefficiency, or administrative error;
‘‘(B) to prevent embarrassment to a person, organization, or agency;
‘‘(C) to restrain competition; or

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‘‘(D) to prevent or delay the release of information that
does not require protection in the interest of transportation
security, including basic scientific research information not
clearly related to transportation security.’’.
SEC. 562. Section 4 of the Act entitled ‘‘An Act to prohibit the
introduction, or manufacture for introduction, into interstate commerce of switchblade knives, and for other purposes’’ (commonly
known as the Federal Switchblade Act) (15 U.S.C. 1244) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ‘‘; or’’ and
(3) by adding at the end the following:
‘‘(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and
that requires exertion applied to the blade by hand, wrist, or
arm to overcome the bias toward closure to assist in opening the
knife.’’.
SEC. 563. (a) APPLICABLE ANNUAL PERCENTAGE RATE OF INTEREST.—Section 44(f)(1) of the Federal Deposit Insurance Act (12
U.S.C. 1831u(f)(1)) is amended—
(1) in the matter preceding subparagraph (A), by inserting
‘‘(or in the case of a governmental entity located in such State,
paid)’’ after ‘‘received, or reserved’’; and
(2) in subparagraph (B)—
(A) in the matter preceding clause (i), by striking ‘‘nondepository institution operating in such State’’ and inserting ‘‘governmental entity located in such State or any person that is not a depository institution described in subparagraph (A) doing business in such State’’;
(B) by redesignating clause (ii) as clause (iii);
(C) in clause (i)—
(i) in subclause (III)—
(I) in item (aa), by adding ‘‘and’’ at the end;
(II) in item (bb), by striking ‘‘, to facilitate’’
and all that follows through ‘‘2009’’; and
(III) by striking item (cc); and
(ii) by adding after subclause (III) the following:
‘‘(IV) the uniform accessibility of bonds and
obligations issued under the American Recovery
and Reinvestment Act of 2009;’’; and
(D) by inserting after clause (i) the following:
‘‘(ii) to facilitate interstate commerce through the
issuance of bonds and obligations under any provision
of State law, including bonds and obligations for the
purpose of economic development, education, and improvements to infrastructure; and’’.
(b) RULE OF CONSTRUCTION.—Section 44(f)(2) of the Federal
Deposit Insurance Act (12 U.S.C. 1831u(f)(2)) is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving the margins 2 ems to the
right;
(2) by striking ‘‘No provision’’ and inserting the following:
‘‘(A) IN GENERAL.—No provision’’; and
(3) by adding at the end the following:

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‘‘(B) APPLICABILITY.—This subsection shall be construed to apply to any loan or discount made, or note, bill
of exchange, financing transaction, or other evidence of
debt, originated by an insured depository institution, a governmental entity located in such State, or a person that is
not a depository institution described in subparagraph (A)
doing business in such State.’’.
(c) EFFECTIVE PERIOD.—The amendments made by this section
shall apply with respect to contracts consummated during the period beginning on the date of enactment of this Act and ending on
December 31, 2010.
SEC. 564. (a) SHORT TITLE.—This section may be cited as the
‘‘OPEN FOIA Act of 2009’’.
(b) SPECIFIC CITATIONS IN STATUTORY EXEMPTIONS.—Section
552(b) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following:
‘‘(3) specifically exempted from disclosure by statute (other
than section 552b of this title), if that statute—
‘‘(A)(i) requires that the matters be withheld from the
public in such a manner as to leave no discretion on the
issue; or
‘‘(ii) establishes particular criteria for withholding or
refers to particular types of matters to be withheld; and
‘‘(B) if enacted after the date of enactment of the OPEN
FOIA Act of 2009, specifically cites to this paragraph.’’.
SEC. 565. (a) SHORT TITLE.—This section may be cited as the
‘‘Protected National Security Documents Act of 2009’’.
(b) Notwithstanding any other provision of the law to the contrary, no protected document, as defined in subsection (c), shall be
subject to disclosure under section 552 of title 5, United States Code
or any proceeding under that section.
(c) DEFINITIONS.—In this section:
(1) PROTECTED DOCUMENT.—The term ‘‘protected document’’
means any record—
(A) for which the Secretary of Defense has issued a certification, as described in subsection (d), stating that disclosure of that record would endanger citizens of the United
States, members of the United States Armed Forces, or employees of the United States Government deployed outside
the United States; and
(B) that is a photograph that—
(i) was taken during the period beginning on September 11, 2001, through January 22, 2009; and
(ii) relates to the treatment of individuals engaged,
captured, or detained after September 11, 2001, by the
Armed Forces of the United States in operations outside of the United States.
(2) PHOTOGRAPH.—The term ‘‘photograph’’ encompasses all
photographic images, whether originals or copies, including
still photographs, negatives, digital images, films, video tapes,
and motion pictures.
(d) CERTIFICATION.—
(1) IN GENERAL.—For any photograph described under subsection (c)(1), the Secretary of Defense shall issue a certification
if the Secretary of Defense determines that disclosure of that

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photograph would endanger citizens of the United States, members of the United States Armed Forces, or employees of the
United States Government deployed outside the United States.
(2) CERTIFICATION EXPIRATION.—A certification and a renewal of a certification issued pursuant to subsection (d)(3)
shall expire 3 years after the date on which the certification or
renewal, is issued by the Secretary of Defense.
(3) CERTIFICATION RENEWAL.—The Secretary of Defense
may issue—
(A) a renewal of a certification at any time; and
(B) more than 1 renewal of a certification.
(4) NOTICE TO CONGRESS.—The Secretary of Defense shall
provide Congress a timely notice of the Secretary’s issuance of
a certification and of a renewal of a certification.
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to preclude the voluntary disclosure of a protected document.
(f) EFFECTIVE DATE.—This section shall take effect on the date
of enactment of this Act and apply to any protected document.
SEC. 566. The administrative law judge annuitants participating in the Senior Administrative Law Judge Program managed
by the Director of the Office of Personnel Management under section
3323 of title 5, United States Code, shall be available on a temporary reemployment basis to conduct arbitrations of disputes as
part of the arbitration panel established by the President under section 601 of division A of the American Recovery and Reinvestment
Act of 2009 (Public Law 111–5; 123 Stat. 164).
SEC. 567. (a) IN GENERAL.—Any company that collects or retains personal information directly from individuals who participated in the Registered Traveler program shall safeguard and dispose of such information in accordance with the requirements in—
(1) the National Institute for Standards and Technology
Special Publication 800–30, entitled ‘‘Risk Management Guide
for Information Technology Systems’’; and
(2) the National Institute for Standards and Technology
Special Publication 800–53, Revision 3, entitled ‘‘Recommended
Security Controls for Federal Information Systems and Organizations,’’;
(3) any supplemental standards established by the Assistant Secretary, Transportation Security Administration (referred
to in this section as the ‘‘Assistant Secretary’’).
(b) CERTIFICATION.—The Assistant Secretary shall require any
company through the sponsoring entity described in subsection (a)
to provide, not later than 30 days after the date of the enactment
of this Act, written certification to the sponsoring entity that such
procedures are consistent with the minimum standards established
under paragraph (a)(1–3) with a description of the procedures used
to comply with such standards.
(c) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall submit a report to
Congress that—
(1) describes the procedures that have been used to safeguard and dispose of personal information collected through the
Registered Traveler program; and

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(2) provides the status of the certification by any company
described in subsection (a) that such procedures are consistent
with the minimum standards established by paragraph (a)(1–
3).
SEC. 568. (a) SPECIAL IMMIGRANT NONMINISTER RELIGIOUS
WORKER PROGRAM AND OTHER IMMIGRATION PROGRAMS.—
(1) EXTENSION.—Subclauses (II) and (III) of section
101(a)(27)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(C)(ii)) are amended by striking ‘‘September
30, 2009,’’ each place such term appears and inserting ‘‘September 30, 2012,’’.
(2) STUDY AND PLAN.—Not later than 180 days after the
date of the enactment of this Act, the Director of United States
Citizenship and Immigration Services shall submit a report to
the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes—
(A) the results of a study conducted under the supervision of the Director to evaluate the Special Immigrant
Nonminister Religious Worker Program to identify the risks
of fraud and noncompliance by program participants; and
(B) a detailed plan that describes the actions to be
taken by United States Citizenship and Immigration Services to improve the integrity of the program.
(3) PROGRESS REPORT.—Not later than 240 days after the
submission of the report under paragraph (2), the Director of
United States Citizenship and Immigration Services shall submit a report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives that describes the progress made in implementing the plan
described in clause (a)(2)(B) of this section.
(b) CONRAD STATE 30 J–1 VISA WAIVER PROGRAM.—Section
220(c) of the Immigration and Nationality Technical Corrections
Act of 1994 (8 U.S.C. 1182 note) is amended by striking ‘‘September
30, 2009’’ and inserting ‘‘September 30, 2012’’.
(c) RELIEF FOR SURVIVING SPOUSES.—
(1) IN GENERAL.—The second sentence of section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)) is amended by striking ‘‘for at least 2 years at
the time of the citizen’s death’’.
(2) APPLICABILITY.—
(A) IN GENERAL.—The amendment made by paragraph
(1) shall apply to all applications and petitions relating to
immediate relative status under section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)) pending on or after the date of the enactment of this Act.
(B) TRANSITION CASES.—
(i) IN GENERAL.—Notwithstanding any other provision of law, an alien described in clause (ii) who seeks
immediate relative status pursuant to the amendment
made by paragraph (1) shall file a petition under section 204(a)(1)(A)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(A)(ii)) not later than the date

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that is 2 years after the date of the enactment of this
Act.
(ii) ALIENS DESCRIBED.—An alien is described in
this clause if—
(I) the alien’s United States citizen spouse died
before the date of the enactment of this Act;
(II) the alien and the citizen spouse were married for less than 2 years at the time of the citizen
spouse’s death; and
(III) the alien has not remarried.
(d) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETITIONS AND APPLICATIONS.—
(1) AMENDMENT.—Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end
the following:
‘‘(l) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETITIONS AND APPLICATIONS.—
‘‘(1) IN GENERAL.—An alien described in paragraph (2) who
resided in the United States at the time of the death of the
qualifying relative and who continues to reside in the United
States shall have such petition described in paragraph (2), or
an application for adjustment of status to that of a person admitted for lawful permanent residence based upon the family
relationship described in paragraph (2), and any related applications, adjudicated notwithstanding the death of the qualifying relative, unless the Secretary of Homeland Security determines, in the unreviewable discretion of the Secretary, that approval would not be in the public interest.
‘‘(2) ALIEN DESCRIBED.—An alien described in this paragraph is an alien who, immediately prior to the death of his or
her qualifying relative, was—
‘‘(A) the beneficiary of a pending or approved petition
for classification as an immediate relative (as described in
section 201(b)(2)(A)(i));
‘‘(B) the beneficiary of a pending or approved petition
for classification under section 203 (a) or (d);
‘‘(C) a derivative beneficiary of a pending or approved
petition for classification under section 203(b) (as described
in section 203(d));
‘‘(D) the beneficiary of a pending or approved refugee/
asylee relative petition under section 207 or 208;
‘‘(E) an alien admitted in ‘T’ nonimmigrant status as
described in section 101(a)(15)(T)(ii) or in ‘U’ nonimmigrant status as described in section 101(a)(15)(U)(ii);
or
‘‘(F) an asylee (as described in section 208(b)(3)).’’.
(2) CONSTRUCTION.—Nothing in the amendment made by
paragraph (1) may be construed to limit or waive any ground
of removal, basis for denial of petition or application, or other
criteria for adjudicating petitions or applications as otherwise
provided under the immigration laws of the United States other
than ineligibility based solely on the lack of a qualifying family
relationship as specifically provided by such amendment.
(e) CONFORMING AMENDMENT TO AFFIDAVIT OF SUPPORT REQUIREMENT.—Section 213A(f)(5) of the Immigration and Nationality

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Act (8 U.S.C. 1183a(5)) is amended by striking clauses (i) and (ii)
and inserting:
‘‘(i) the individual petitioning under section 204 of
this Act for the classification of such alien died after
the approval of such petition, and the Secretary of
Homeland Security has determined for humanitarian
reasons that revocation of such petition under section
205 would be inappropriate; or
‘‘(ii) the alien’s petition is being adjudicated pursuant to section 204(l) (surviving relative consideration).’’.
SEC. 569. Notwithstanding any other provision of this Act, none
of the funds appropriated or otherwise made available by this Act
may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or
performance that does not meet the basic requirements of a contract.
SEC. 570. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any federal contract unless such contract is
entered into in accordance with the requirements of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253)
or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized
by statute to be entered into without regard to the above referenced
statutes.
SEC. 571. (a) Funds made available by this Act solely for data
center migration may be transferred by the Secretary between appropriations for the same purpose, notwithstanding section 503 of this
Act.
(b) No transfer described in (a) shall occur until 15 days after
the Committees on Appropriations of the Senate and the House and
Representatives are notified of such transfer.
SEC. 572. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–157) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules
of the House of Representatives, when intended to be awarded to a
for-profit entity, shall be awarded under a full and open competition.
SEC. 573. From unobligated balances for fiscal year 2009 made
available for Federal Emergency Management Agency ‘‘Trucking Industry Security Grants’’, $5,572,000 are rescinded.
SEC. 574. From the unobligated balances of prior year appropriations made available for ‘‘Analysis and Operations’’, $2,358,000
are rescinded.
SEC. 575. From the unobligated balances of prior year appropriations made available for National Protection and Programs Directorate ‘‘Infrastructure Protection and Information Security’’,
$8,000,000 are rescinded.
SEC. 576. From the unobligated balances of prior year appropriations made available for Science and Technology ‘‘Research, Development, Acquisition, and Operations’’, $6,944,148 are rescinded.
SEC. 577. From the unobligated balances of prior year appropriations made available for Domestic Nuclear Detection Office ‘‘Research, Development, and Operations’’, $8,000,000 are rescinded.

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SEC. 578. From the unobligated balances of prior year appropriations made available for Transportation Security Administration ‘‘Research and Development’’, $4,000,000 are rescinded.
SEC. 579. From the unobligated balances of prior year appropriations made available for Coast Guard ‘‘Acquisition, Construction, and Improvements’’, $800,000 are rescinded: Provided, That
these rescissions shall be taken from completed projects.
SEC. 580. Of the amounts available under the heading
‘‘Counterterrorism Fund’’, $5,600,000 are rescinded.
This Act may be cited as the ‘‘Department of Homeland Security
Appropriations Act, 2010’’.
And the Senate agree to the same.
DAVID R. OBEY,
DAVID E. PRICE,
JOSE´ E. SERRANO,
CIRO D. RODRIGUEZ,
C.A. DUTCH RUPPERSBERGER,
ALAN B. MOLLOHAN,
NITA M. LOWEY,
LUCILLE ROYBAL-ALLARD,
SAM FARR,
STEVEN R. ROTHMAN,
Managers on the Part of the House.

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ROBERT C. BYRD,
DANIEL K. INOUYE,
PATRICK J. LEAHY
(with a reservation on the
EB–5 agreement),
BARBARA A. MIKULSKI,
PATTY MURRAY,
MARY L. LANDRIEU,
FRANK R. LAUTENBERG,
JON TESTER,
ARLEN SPECTER,
GEORGE V. VOINOVICH,
THAD COCHRAN,
JUDD GREGG,
RICHARD C. SHELBY,
SAM BROWNBACK,
LISA MURKOWSKI,
Managers on the Part of the Senate.

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JOINT EXPLANATORY STATEMENT
The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2892), making appropriations
for the Department of Homeland Security (DHS) for the fiscal year
ending September 30, 2010, and for other purposes, submit the following joint statement to the House and the Senate in explanation
of the effects of the action agreed upon by the managers and recommended in the accompanying conference report.
Senate amendment: The Senate deleted the entire House bill
after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill.
The language and allocations contained in House Report 111–
157 and Senate Report 111–31 should be complied with unless specifically addressed to the contrary in the conference report and
joint explanatory statement. While repeating some report language
for emphasis, this joint explanatory statement does not intend to
negate the language referred to above unless expressly provided
herein. In cases where both the House and Senate reports address
a particular issue not specifically addressed in the conference report or joint explanatory statement, the Committees have determined the House report and the Senate report are not inconsistent
and are to be interpreted accordingly.
When this joint explanatory statement refers to the Committees or the Committees on Appropriations, unless otherwise noted,
this reference is to the House Appropriations Subcommittee on
Homeland Security and the Senate Appropriations Subcommittee
on the Department of Homeland Security.
Any reference to the Secretary shall be interpreted to mean the
Secretary of Homeland Security; any reference to a Departmental
component shall be interpreted to mean directorates, components,
agencies, offices, or other organizations in the Department of
Homeland Security; any reference to ‘‘full-time equivalents’’ shall
be referred to as FTE; and any reference to ‘‘program, project, and
activity’’ shall be referred to as PPA.
Finally, this joint explanatory statement refers to certain laws
and organizations as follows: Implementing Recommendations of
the 9/11 Commission Act of 2007, Public Law 110–53, is referenced
as the 9/11 Act; Security And Accountability For Every Port Act of
2006, Public Law 109–347, is referenced as the SAFE Port Act; the
American Recovery and Reinvestment Act of 2009, Public Law
111–5, is referenced as ARRA; the Department of Homeland Security is referenced as DHS; the Government Accountability Office is
referenced as GAO; and the Office of Inspector General of the Department of Homeland Security is referenced as the IG.
(51)

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52
Classified Programs
Recommended adjustments to classified programs are addressed in a classified annex accompanying this joint explanatory
statement. The DHS Office of the Chief Financial Officer is directed to ensure the material contained in this annex is appropriately disseminated to the relevant Departmental components.
TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
The conference agreement provides a total of $1,135,961,000
for Departmental Operations, 17 percent above the fiscal year 2009
enacted level (excluding ARRA funding) to address well documented shortfalls and challenges facing the Department’s management components. Significant increases above last year’s enacted
level are provided to strengthen policy development and coordination, enhance procurement oversight, modernize financial and information technology systems, and accelerate the process of bringing qualified new staff on board. It is imperative that these resources be used effectively to manage the Department’s many missions. It is also critical that the Department end its overreliance on
contractors and develop the government staff and expertise necessary to perform these services.
OFFICE

SECRETARY

OF THE

AND

EXECUTIVE MANAGEMENT

The conference agreement provides $147,818,000 for the Office
of the Secretary and Executive Management instead of
$117,727,000 as proposed by the House and $149,268,000 as proposed by the Senate.
Reductions are made to the budget request due to delays in
filling full-time permanent positions and high unexpended balances
from previously appropriated funds within certain offices. Funding
shall be allocated as follows:
Immediate Office of the Secretary ........................................................
Immediate Office of the Deputy Secretary ..........................................
Chief of Staff ..........................................................................................
Office of Counternarcotics Enforcement ..............................................
Executive Secretary ...............................................................................
Office of Policy .......................................................................................
Office of Public Affairs ..........................................................................
Office of Legislative Affairs ...................................................................
Office of Intergovernmental Affairs .....................................................
Office of General Counsel ......................................................................
Office for Civil Rights and Civil Liberties ...........................................
Citizenship and Immigration Services Ombudsman ..........................
Privacy Officer .......................................................................................

$5,061,000
1,810,000
2,595,000
3,612,000
7,800,000
51,564,000
5,991,000
6,797,000
2,800,000
24,028,000
21,104,000
6,685,000
7,971,000

Total .................................................................................................

$147,818,000

smartinez on DSKB9S0YB1PROD with REPORTS

Travel Costs Consolidation
The conference
from other accounts
$370,000 from other
uty Secretary to pay
ernment aircraft in

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agreement approves the shift of $1,278,000
to the Immediate Office of the Secretary and
accounts to the Immediate Office of the Depall costs associated with the DHS’s use of govsupport of the Secretary’s and Deputy Sec-

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53
retary’s travel, as proposed by the Senate. Previously, components
paid a portion of the total government aircraft cost for personnel
traveling in support of the Secretary or Deputy Secretary. This resulted in multiple interagency agreements and an unnecessary administrative burden. The intent of this consolidation is to provide
a more efficient means of disbursing payment for these costs. The
conference report includes language to ensure that components are
no longer charged for these costs.
Immediate Office of the Deputy Secretary
The conference agreement provides $1,810,000 for the Immediate Office of the Deputy Secretary as proposed by the Senate instead of $1,440,000 as proposed by the House. The conferees expect
the Deputy Secretary and Department to follow the direction outlined in the Senate report regarding coordination of efforts to secure chemical facilities and ensure prompt and effective after-accident safety investigations, including the reporting and briefing requirements.
Office of Counternarcotics Enforcement
The conference agreement provides $3,612,000 for the Office of
Counternarcotics Enforcement instead of $3,712,000 as proposed by
the House and $3,718,000 as proposed by the Senate. The Office of
Counternarcotics Enforcement is directed to submit a performance
report on its activities to the Committees as outlined in the Senate
report. The Secretary is directed to report by January 15, 2010, on
whether it would be appropriate to shift the functions of this office
into the Office of Policy or other Departmental office under this
title.
Office of Policy
The conference agreement provides $51,564,000 for the Office
of Policy as proposed by both the House and Senate. The Office of
Policy is directed to provide an expenditure plan no later than 60
days after the date of enactment of this Act, as outlined in the Senate report. The conference report includes a statutory provision
withholding $15,000,000 until the expenditure plan is submitted. A
total of $5,000,000 is included for the integrated requirements process and the Intermodal Security Coordination Office. The conferees
require a detailed explanation of how and for what purpose these
funds are being allocated as part of the fiscal year 2010 expenditure plan. The conferees urge the Department to ensure this funding does not create parallel structures or needlessly duplicate existing efforts. Contractor support for both initiatives shall not exceed
25 percent.

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Quadrennial Homeland Security Review
As mandated by section 2401 of the 9/11 Act, the Department
is developing a Quadrennial Homeland Security Review (QHSR),
including a budget plan required to carry out the findings of the
review. The DHS budget should be derived from a strategic policy
review that fully considers threat, risk, and mission requirements.

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Such a policy review should not be driven by outyear financial projections contained in the budget. Therefore, any budget projections
included in the QHSR should be based on actual needs to sufficiently carry out the long-term strategy and priorities for homeland
security.
Office of Intergovernmental Affairs
The conference agreement provides $2,800,000 for the Office of
Intergovernmental Affairs as proposed by the House instead of
$2,600,000 as proposed by the Senate. The name of this office has
been modified as proposed by the Senate. This office has been
moved from the Federal Emergency Management Agency as requested, and is assuming a new role. The Secretary is required to
present a detailed organizational plan for the office as outlined in
the House report.
Office of General Counsel
The conference agreement provides $24,028,000 for the Office
of General Counsel as proposed by the House and Senate. The conferees direct the Office of General Counsel to hire an additional attorney with expertise in appropriations law within the amount
made available for this office, as proposed by the Senate.
Office for Civil Rights and Civil Liberties
The conference agreement provides $21,104,000 for the Office
for Civil Rights and Civil Liberties instead of $22,104,000 as proposed by the House and Senate. A small reduction below the House
and Senate levels is made as this office will likely lapse appropriated funds in fiscal year 2009. The conferees encourage the use
of authority under section 505 of this Act making 50 percent of
those balances available in fiscal year 2010. The conferees direct
the office to submit an expenditure plan no later than 60 days after
the date of enactment of this Act, as outlined in the Senate report.

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

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User Fees
The conferees direct the Secretary to report on actual fiscal
year 2009 user fee collections and updated projections for fiscal
year 2010 fee collections across all relevant DHS components. In
addition, the Secretary shall provide a contingency plan for making
up any shortfall between expected collections and budgeted
amounts, by DHS component, no later than 60 days after the date
of enactment of this Act, and quarterly thereafter.
Budget Justifications
The conferees direct that the congressional budget justifications for the Office of the Secretary and Executive Management for
fiscal year 2011 include the same level of detail as the table contained at the end of this statement, and follow the parameters outlined in the House report, as well as the broader direction outlined
under the Office of the Chief Financial Officer. Structural alterations to the fiscal year 2011 budget request, including changes to
the PPA account structure for fiscal year 2010 included in the table
at the end of this statement should only be made with advance consultation with the Committees.
Working Capital Fund
The Department shall follow the direction outlined in the
House report regarding the Working Capital Fund (WCF) in managing WCF funds and requesting resources for fiscal year 2011.
Reception and Representation Expenses
The conferees direct the Department to submit a report to the
Committees no later than 30 days after the end of each quarter of
the fiscal year detailing the obligation of all DHS reception and
representation expenses by all components.
Greenhouse Gas Inventory
The conferees require the Secretary to follow the House direction regarding reporting on the Department’s greenhouse gas emissions and mitigation efforts.
Quarterly Detailee Report
The conferees require the Department to continue the quarterly detailee report as outlined in the Senate report.
Federally Funded Research and Development Centers
The conferees direct the Secretary to report semiannually on
the current projects tasked to Federally Funded Research and Development Centers, as outlined in the Senate report.
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Lost and Stolen Passports
The Secretary is directed to submit a semiannual report on
loss and theft of passports as outlined in the Senate report.

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

OF THE

UNDER SECRETARY

FOR

MANAGEMENT

The conference agreement provides $254,190,000 for the Office
of the Under Secretary for Management instead of $153,790,000 as
proposed by the House and $307,690,000 as proposed by the Senate. Funding shall be allocated as follows:
Immediate Office of the Under Secretary for Management ...............
Office of Security ...................................................................................
Office of the Chief Procurement Officer ...............................................
Office of the Chief Human Capital Officer ..........................................
Salaries and Expenses (from above subtotal) ..............................
Human Resources (from above subtotal) ......................................
Office of the Chief Administrative Officer ...........................................
Salaries and Expenses (from above subtotal) ..............................
Nebraska Avenue Complex (NAC) (from above subtotal) ...........

$2,864,000
90,193,000
68,538,000
42,604,000
[32,604,000]
[10,000,000]
49,991,000
[44,491,000]
[5,500,000]

Total ........................................................................................................

$254,190,000

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

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

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The Secretary is directed to provide a status report on major
acquisitions in excess of $300,000,000 by February 15, 2010, as outlined in the Senate report, and quarterly thereafter.
Office of the Chief Human Capital Officer
The conference agreement provides $42,604,000 for the Office
of the Chief Human Capital Officer (OCHCO) instead of
$43,604,000 as proposed by both the House and Senate. Of this
amount, $32,604,000 is for salaries and expenses and $10,000,000
is for human resources. The reduction below the House and Senate
levels is made as this office will likely lapse appropriated funds in
fiscal year 2009. The conferees encourage the use of authority
under section 505 of this Act making 50 percent of those balances
available in fiscal year 2010.
The OCHCO is directed to continue providing monthly reports
to the Committees summarizing vacancy data at the Department,
which should include: the number of new hires for each headquarters office in the previous month; the ratio of applications received to positions closed; reports from the Office of Security on
progress made to reduce the security clearance backlog to include
whether the 15-day standard for suitability reviews is being met;
and an end-of-the-month hiring ‘‘snapshot’’ for each headquarters
office. These snapshots should include: the number of new hires
pending security or suitability clearance; the number of open vacancies; and the number of selection referral lists pending with
management. The conferees note that these reports have not been
provided with promptness or regularity and caution that without
this information it becomes difficult to justify budget increases for
this office.
The conferees direct the OCHCO to provide the report on its
fiscal year 2009 performance against DHS metrics outlined in the
Senate report no later than 60 days after the date of enactment of
this Act.
Office of the Chief Administrative Officer
The conference agreement provides $49,991,000 for the Office
of the Chief Administrative Officer, instead of $60,491,000 as proposed by the House and $98,491,000 as proposed by the Senate.
Within the funding level for salaries and expenses is $1,000,000 for
logistics and procurement personnel from across the Department to
receive training and education through LOGTECH and related programs, that have benefitted Coast Guard personnel, as proposed by
the House. The Senate provided no additional funding for this activity.

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Headquarters Lease Consolidation Initiative
The conference agreement provides no funding for the consolidation of headquarters leases due to an inadequate justification
and budget constraints. Currently DHS headquarters are located in
over 40 fragmented locations in 105 lease arrangements. The conferees direct the Department to provide a more detailed plan and
justification for its lease consolidation initiative, including projected

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cost savings, in conjunction with the fiscal year 2011 budget request.
St. Elizabeths
The conferees direct the Department to continue periodic briefings on the St. Elizabeths headquarters consolidation project, including the Department’s efforts to work with the local community
and the National Capital Planning Commission to ensure issues
such as parking and traffic management are properly addressed.
OFFICE

OF THE

CHIEF FINANCIAL OFFICER

The conference agreement provides $60,530,000 for the Office
of the Chief Financial Officer (CFO) as proposed by the House instead of $63,530,000 as proposed by the Senate. The conferees concur with the recommendation on FTE annualization and program
increases outlined in the Senate report. An additional reduction
below the request is made as this office will likely lapse appropriated funds in fiscal year 2009. The conferees encourage the use
of authority under section 505 of this Act making 50 percent of
those balances available in fiscal year 2010. The conference report
includes a statutory provision withholding $5,000,000 until the
CFO submits a financial management improvement plan that addresses the recommendations outlined in IG report OIG–09–72.
The CFO is to brief the Committees on the outcomes of its independent program analyses as specified in the Senate report.
Transformation and Systems Consolidation
The conference agreement provides $17,800,000 for the Transformation and Systems Consolidation (TASC) project, as proposed
by the House instead of $19,200,000 as proposed by the Senate.
The reduction of $2,000,000 from the budget request is due to high
unobligated balances that have resulted from program delays. The
conferees direct the Department to report to the Committees within
60 days after the date of enactment of this Act, and every six
months thereafter, on its efforts to consolidate their financial management systems, as outlined in the House report. These reports
shall also include a detailed plan for the Department’s migration
to TASC, as outlined in the Senate report.

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

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Impact of Changing Immigration Law for Guam and the
Commonwealth of the Northern Mariana Islands
The conferees direct the Secretary to report to the Committees
no later than January 15, 2010, on the changes in resources required for administering immigration and travel laws for Guam
and the Commonwealth of the Northern Mariana Islands as outlined in the House report.
Expenditure Plans
The conferees continue to require expenditure plans for specific
DHS programs. These plans are intended to provide Congress with
information that allows it to effectively oversee particular programs
and hold the Department accountable for program results. Required expenditure plans shall include, at a minimum: a description of how the plan satisfies any relevant legislative conditions for
the expenditure plan; planned program capabilities and benefits;
cost and schedule commitments; measures of progress against commitments made in previous plans; how the program is being managed to provide reasonable assurance that the promised program
capabilities, benefits, and cost and schedule commitments will be
achieved; historical funding for the program, if applicable; and an
obligation and outlay schedule.
OFFICE

OF THE

CHIEF INFORMATION OFFICER

The conference agreement provides $338,393,000 for the Office
of the Chief Information Officer (CIO) as proposed by the Senate
instead of $281,593,000 as proposed by the House. Funding shall
be allocated as follows:
Salaries and Expenses ...........................................................................
Information Technology Services ..........................................................
Security Activities ..................................................................................
Homeland Secure Data Network ..........................................................

$86,912,000
51,417,000
152,403,000
47,661,000

Total .................................................................................................

$338,393,000

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

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Data Center Migration
In addition to the requested increase provided to this office for
data center development and operations and maintenance, the conference agreement provides $91,200,000 specifically to various Departmental components for data center migration, for a total of
$150,000,000. The conferees are aware that component data center

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60
migration schedules may shift during the course of the fiscal year
based on changing circumstances and priorities. As a result, the
conference report includes a general provision allowing the Secretary to transfer funds made available for data center migration,
if necessary, among components based on revised schedules and
priorities with 15 days prior notice to the Committees. The CIO is
also directed to include information on revised schedules in the
quarterly briefings.
Departmental Priorities for Information Technology
The conferees recognize the difficulties faced by the CIO in integrating the information technology (IT) priorities and requirements across the Department. The Committees are often faced with
weighing requests for resources for disparate IT requirements with
limited visibility into the priorities within the DHS component IT
requests or how those component requests are prioritized within
the Department’s overall IT plans. In order for the Committees to
properly evaluate IT requests, it is essential that the CIO provide
a clear accounting of IT activities and priority resource needs by
Departmental component and for each fiscal year. The conferees direct the CIO to brief the Committees within 45 days after the date
of enactment of this Act on the prioritized list of the Department’s
most pressing IT needs across all components, including but not
limited to OneNet, United States Citizenship and Immigration
Services business transformation, data center migration, the Transportation Security Administration’s vetting and credentialing modernization, the Homeland Security Information Network, and TECS
modernization. Quarterly briefings should be provided thereafter.
Federal Information Security Management Act
The conferees direct the CIO to brief the Committees, along
with the appropriate DHS component CIOs, on the plan to improve
Federal Information Security Management Act scores as outlined
in the Senate report.
ANALYSIS

AND

OPERATIONS

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

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

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61
from prior years. In addition, the Secretary shall continue to submit quarterly reports on the SLFC Program not later than 30 days
after the end of each quarter of the fiscal year, as discussed in the
Senate and House reports.
National Applications Office and National Immigration Information
Sharing Operation
The conference agreement provides no funding for the National
Applications Office since this program was recently terminated by
the Department. The conferees understand that activities currently
carried out by the Department of the Interior Civil Applications
Committee will be unaffected by this action.
The Department continues to develop the National Immigration and Information Sharing Operation (NIISO) program, but has
substantially altered its scope to be more limited than past proposals. In addition, the Department is currently working with partner agencies to ensure that NIISO operates consistent with all existing laws and regulations. As a result, the conference agreement
provides less than requested in the budget for the NIISO program
since it seems unlikely operations will commence at the start of the
fiscal year. In addition, the conference agreement includes a statutory provision that prohibits funding in this or any other Act from
being obligated to commence NIISO operations until the Secretary
certifies that NIISO complies with all existing laws, including applicable privacy and civil liberties standards, the GAO has reviewed such certification, and a notification pursuant to section 503
of this Act is submitted to the Committees.
Classified Programs
Recommended adjustments to classified programs are addressed in a separate classified annex.
OFFICE

OF THE

FEDERAL COORDINATOR
REBUILDING

FOR

GULF COAST

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

OF INSPECTOR

GENERAL

The conference agreement provides $113,874,000 for the Office
of Inspector General (IG) instead of $111,874,000 as proposed by

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62
the House and $115,874,000 as proposed by the Senate. Included
within this amount are additional resources necessary to conduct
U.S. Customs and Border Protection revenue oversight.
In addition to this direct appropriation, $16,000,000 shall be
transferred from the Federal Emergency Management Agency’s
(FEMA) Disaster Relief Fund (DRF) to the IG to continue and expand audits and investigations related to disasters. The IG is required to notify the Committees no later than 15 days prior to all
transfers from the DRF.
FEMA Hiring Practices
As part of the request for FEMA’s Management and Administration account, $35,000,000 is to resolve employee pay shortfalls
resulting from inadequate hiring and budgeting guidelines and controls at FEMA. The conferees direct the IG to investigate the hiring
practices of FEMA as it pertains to this issue and to report to the
Committees within 90 days after the date of enactment of this Act.
As part of the investigation, the IG shall evaluate whether or not
the budget request of $35,000,000 is sufficient to rectify FEMA’s
structural pay deficiencies.
Audit Reports
The conferees direct the IG to withhold the release of any final
audit or investigation reports requested by the Committees from
public distribution for a period of 15 days.
TITLE II—SECURITY, ENFORCEMENT, AND
INVESTIGATIONS
U.S. CUSTOMS

AND

BORDER PROTECTION

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SALARIES AND EXPENSES

The conference agreement provides $8,064,713,000 for U.S.
Customs and Border Protection (CBP) Salaries and Expenses instead of $7,615,797,000 as proposed by the House and
$8,075,649,000 as proposed by the Senate. Of this amount,
$1,418,263,000 is for Headquarters, Management, and Administration, including $402,263,000 for rent in a separate PPA line;
$950,000 within the amounts appropriated for nine additional positions for oversight of Office of Information and Technology programs; and an additional $500,000 for four new positions for conduct and integrity oversight as specified in the Senate report.
A total of $2,749,784,000 is included for Border Security Inspections and Trade Facilitation, instead of $2,732,759,000 as proposed by the House and $2,770,048,000 as proposed by the Senate.
Included in this amount is an additional $7,025,000 for 50 additional CBP Officers and 10 support positions to enhance Southwest
border outbound operations and an additional $10,000,000 for procurement of non-intrusive inspection (NII) equipment, to be awarded under full and open competition.
Also included is $3,587,037,000 for Border Security and Control Between Ports of Entry, instead of $3,591,559,000 as proposed
by the House and $3,576,759,000 as proposed by the Senate. With-

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in this amount is an additional $19,478,000 for 100 additional Border Patrol agents and 23 associated support personnel; an additional $10,000,000 for NII equipment to be awarded under full and
open competition; and not more than $800,000 for procurement of
portable solar charging rechargeable battery systems, to be awarded under full and open competition.
In addition, $309,629,000 is included for Air and Marine Operations, as proposed by both the House and Senate.
Finally, the conference report makes $1,700,000 available until
September 30, 2011, for the Global Advanced Passenger Information/Passenger Name Record Program.
The following table specifies funding by budget program,
project, and activity:
Headquarters, Management, and Administration:
Management and Administration, Border Security Inspections
and Trade Facilitation ................................................................
Management and Administration, Border Security and Control
Between Ports of Entry ..............................................................
Rent .................................................................................................
Subtotal, Headquarters Management and Administration
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports of Entry ....
Harbor Maintenance Fee Collection (Trust Fund) .......................
International Cargo Screening ......................................................
Other International Programs .......................................................
Customs-Trade Partnership Against Terrorism ..........................
Trusted Traveler Programs ...........................................................
Inspection and Detection Technology Investments ......................
Automated Targeting Systems ......................................................
National Targeting Center .............................................................
Training ...........................................................................................
Subtotal, Border Security Inspections and Trade Facilitation ........................................................................................
Border Security and Control between Ports of Entry:
Border Security and Control ..........................................................
Training ...........................................................................................

$520,575,000
495,425,000
402,263,000
1,418,263,000
2,262,235,000
3,226,000
162,000,000
11,181,000
62,612,000
11,274,000
153,563,000
32,560,000
26,355,000
24,778,000
2,749,784,000
3,535,286,000
51,751,000

Subtotal, Border Security and Control between POEs ........
Air and Marine Operations ...................................................................

3,587,037,000
309,629,000

Total ..................................................................................

$8,064,713,000

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Financial Plan
The conferees are disappointed with poor financial decisions
made by CBP in fiscal year 2009, such as insufficiently linking hiring initiatives to available resources, and the failure to factor the
impact of decreased international travel, and subsequent reductions in inspection fee revenue, into spending plans based on those
fees. Because more visibility in financial planning is required for
oversight, the conferees wish to see the presentation of CBP Salaries and Expenses at a level of detail, and with more clarity, than
is currently displayed in the appropriation table by PPAs. However, the conferees also acknowledge the practical issues involved
in revising the current PPA structure, which serves as a basis for
financial control and establishes reprogramming baselines, and
that any PPA change would necessarily have ripple effects in budget execution. To help develop a more useful display of CBP activities, and facilitate oversight by the Committees, the conferees di-

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rect CBP to provide within 90 days after the date of enactment of
this Act, a financial plan reflecting a detailed breakout of funding
by office for each of the major PPAs in the Salaries and Expenses
appropriation: Headquarters, Management, and Administration;
Border Security, Inspections and Trade Facilitation; Border Security and Control Between the Ports of Entry; and Air and Marine
Operations. This financial plan shall be updated in the congressional budget justification submitted by the Department in support
of the fiscal year 2011 budget. This requirement is in lieu of the
Senate report requirement for a new PPA structure and detailed
expenditure plan. The fiscal year 2011 budget request should be
submitted using the current PPA structure.
Data Center Migration
The conference agreement provides $33,650,000 for data center
migration as proposed by the Senate instead of no funding as proposed by the House. CBP should consider reprogramming funds
from within the Office of Information and Technology should additional funding for data center migration become necessary.
Intellectual Property Rights Enforcement
The conferees believe a greater focus needs to be brought to intellectual property rights (IPR) enforcement. CBP is directed to
submit by December 15, 2009, a 5-year enforcement strategy to reduce IPR violations. The strategy shall include: a timeline for developing improved targeting models specifically for IPR, a timeline
for implementing expanded training for all enforcement personnel,
recommendations for strengthening penalties, a plan for creating a
supply chain management program for IPR, and a timeline for expanding post audit reviews for IPR.
In addition, CBP, in consultation with the United States Patent and Trademark Office (PTO) and the United States Copyright
Office (CO), is directed to submit a feasibility study to the Committees not later than April 16, 2010, for developing and implementing
an opt-in or voluntary automated link between the Intellectual
Property Rights e-Recordation online system and systems maintained by PTO and CO to allow rights holders to elect to record
their rights with CBP. The study shall address project costs, infrastructure requirements, data collection requirements, and a
timeline for implementing such an automated link.

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

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Northern Border Strategic Efforts
The conferees direct CBP to submit a report to the Committees
not later than January 15, 2010, on staffing, funding, and implementation of Northern Border enforcement initiatives, as detailed
in the House report.
Electronic System for Travel Authorization
The Electronic System for Travel Authorization (ESTA) provides automated electronic vetting of travelers from 35 visa waiver
program (VWP) countries, including eight added in fiscal year
2008. CBP has received over 11,470,000 ESTA applications in fiscal
year 2009, with an approximate rejection rate of 0.2 percent. While
ESTA helps CBP screen incoming VWP travelers, the fact that airlines neither collect nor check ESTA information means there is no
systematic way to prevent passengers who are not ESTA compliant
from boarding U.S.-bound flights.
To assess ESTA performance, and the steps required to ensure
all VWP travelers comply with ESTA, the conferees direct DHS to
submit an ESTA strategic plan to the Committees not later than
90 days after the date of enactment of this Act. The strategic plan
should include all elements specified in the House and Senate reports. To address ESTA’s communications strategy, the plan should
recommend how to ensure all travelers from VWP countries are
aware of ESTA requirements. It should also review the relationship
between ESTA and other offices with immigration/travel regulatory
missions, and recommend improvements in coordination and efficiency, to include possibly merging ESTA within other components
such as the VWP office or United States Visitor and Immigrant
Status Indicator Technology.
International Cargo Screening
The conference agreement provides $162,000,000 for International Cargo Screening as proposed by the House, instead of
$165,421,000 as proposed by the Senate. The conferees strongly
support current efforts to reduce the vulnerability of international
supply chains being used to smuggle illicit weapons, or being disrupted by such weapons. However, the conferees also recognize
practical difficulties in trying to meet the statutorily mandated target of 100 percent scanning of U.S.-bound cargo in foreign ports.
The conferees therefore direct CBP to report, not later than February 1, 2010, on its strategy to achieve meaningful and effective
cargo and supply chain security, as described in the House report.

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

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Project SeaHawk
The conferees encourage CBP to continue to work with the Department of Justice and local law enforcement on the Project
SeaHawk law enforcement task force to the maximum extent possible.
Antidumping and Countervailing Duty Enforcement
The conferees have ensured that, within the amounts provided
for in this account, there will be sufficient funds to administer the
on-going requirements of section 754 of the Tariff Act of 1930 (19
U.S.C. 1675c), referenced in subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; Stat. 154).
The conferees direct CBP to continue to work with the Departments of Commerce and Treasury, and the Office of the United
States Trade Representative (and all other relevant agencies) to increase collections, and to provide a public report on an annual
basis, within 30 days of each year’s distributions under the law.
The report should summarize CBP’s efforts to collect past due
amounts and increase current collections, particularly with respect
to cases involving unfairly traded U.S. imports from China. The report shall provide the amount of uncollected duties for each antidumping and countervailing duty order, and indicate the amount
of open, unpaid bills for each such order. In that report, the Secretary, in consultation with the other relevant agencies, including
the Secretaries of Commerce and Treasury, should also advise as
to whether CBP can adjust its bonding requirements to further protect revenue without violating U.S. law or international obligations,
and without imposing unreasonable costs upon importers.
The conferees further direct the Secretary to work with the
Secretary of Commerce to identify opportunities for the Department of Commerce to improve the timeliness, accuracy, and clarity
of liquidation instructions sent to CBP. Increased attention and
interagency coordination in these areas could help ensure that
steps in the collection of duties are completed in a more expeditious
manner.
Non-Intrusive Inspection Technology
The conference agreement provides a total of $163,563,000
within ‘‘Salaries and Expenses’’ for the purchase of NII technology
instead of $183,563,000 as proposed by the Senate and
$143,563,000 as proposed by the House, of which $10,000,000 is included in the Border Security and Control Between Ports of Entry
PPA. The conferees direct CBP to award all NII funds through full
and open competition.

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Northern Border Security
The conferees expect DHS and CBP to devote the attention and
funding needed to secure the Northern border. The conferees direct
the Secretary to address the issues discussed in the House and
Senate reports regarding the Northern border, update the August
2009 Northern Border Strategy, and meet the stated goal of deploying 2,212 Border Patrol agents along the Northern border in fiscal

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year 2010. A briefing on the steps being taken to achieve these specific goals shall be provided to the Committees not later than December 15, 2009.
Rent
The conference agreement includes $402,263,000 for Rent in
the Headquarters, Management, and Administration PPA, as proposed by the Senate, instead of in the proposed Facilities Management account, as proposed by the House. The conferees view keeping rental payments within the Salaries and Expenses appropriation as consistent with fully capturing and displaying the budgets
of activities funded in that appropriation, in that rental costs are
necessarily included in resource allocation decisions for program
operations. At the same time, the conferees see value in being able
to compare all facility related costs, whether rent, lease, or investment. The conferees therefore direct CBP to submit, with its justification materials accompanying the 2011 budget request, a consolidated presentation of all CBP facilities costs.
Additional Reports
The conferees direct the Secretary of Homeland Security to
submit the reports called for in sections 563 and 568 of H.R. 2892
as amended by the Senate regarding, respectively, Operation
Streamline and the improvement of cross-border inspection processes.
AUTOMATION MODERNIZATION

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

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Automated Commercial Environment
The conferees remain staunchly committed to completing the
development and deployment of ACE. Significant capabilities have
already been delivered to the trade community and to the employees of CBP. However, CBP continues to struggle and fail at program management, requirements development, contractor oversight, and delivering capabilities on time. It should be noted that
what originally was a 5-year development plan has become a 20year odyssey. CBP is again restructuring its approach to managing
the development of ACE, including requiring future capability releases to undergo business case reviews. The reductions in funding

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below the amount requested in the budget are prudent and should
allow CBP to place Entry Summary Reconciliation and Cargo Release into a full business case review rather than proceeding with
their development in fiscal year 2010 under the original plan.
TECS Modernization Expenditure Plan
The conference agreement provides $50,000,000, as requested
in the budget, for TECS modernization, within the COPPS PPA
funding levels. The conferees understand this joint effort between
CBP and U.S. Immigration and Customs Enforcement (ICE) will be
completed within the next five years, and direct CBP and ICE to
provide semiannual joint briefings to the Committees beginning not
later than December 1, 2009.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

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

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Expenditure Plan
The conferees include statutory requirements for information
to be included in the expenditure plan to be reviewed by the GAO.
The conferees expect the plan will be submitted in a timely manner
to the Committees and comply fully with the conditions set forth
in this and related Acts.
The conferees direct that the plan provide specific details on
how additional funding shall be used to expedite P25 tactical communications modernization.
The conferees are concerned about the delays in deployment
for SBInet ‘‘Blocks’’ 1 and 2, while also recognizing the need to proceed carefully and to ensure steps are taken to address all mission

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and operational test requirements. Therefore, the conferees also direct that the expenditure plan specify how additional funding included under this heading will be used to further key development
and demonstrations in support of the launch of ‘‘Block 2’’. In addition to the expenditure plan requirements, the conferees direct
CBP to brief the Committees as soon as preliminary results from
‘‘Block 1’’ operational field tests are available and prior to proceeding further with ‘‘Block 2’’ development.
Evaluation and Acceptance Criteria
The conferees continue to support expeditious deployment of effective technology to enhance CBP’s execution of its border security
mission, and recognize the renewed rigor with which CBP is evaluating the operational utility of such technology. In fiscal year 2010,
the Office of Border Patrol (OBP) is expected to evaluate the
SBInet ‘‘Block 1’’ increment through operational field testing along
the Southwest Border. While OBP’s operational requirements for
border security technology are well documented, the criteria OBP
will use to determine acceptance of the SBInet prime mission product remain unclear. The conferees direct CBP to delineate the evaluation and acceptance criteria for SBInet in the required BSFIT
expenditure plan. CBP, along with the Science and Technology Directorate, are also directed to jointly brief the Committees prior to
CBP commencing ‘‘Block 1’’ operational field testing on this criteria
and how the criteria will be used to make an acceptance determination of SBInet.
Northern Border Technology
The conferees are concerned that not all options are receiving
due consideration when allocating funding to deploy technology to
Border Patrol sectors along the Northern Border. While proven
commercial off-the-shelf (COTS) technology, such as cameras, can
significantly leverage existing manpower, many Border Patrol stations lack such basic technology. At the same time, most Northern
border technology investment is being put into one sector’s integration center. The conferees direct that the expenditure plan, in describing Northern Border technology investments, explicitly address tradeoffs between intensive investments (by operation or location) versus providing COTS technology and support to more
areas of the Northern Border. In addition, CBP is directed to continue, as part of the quarterly Secure Border Initiative (SBI) reports, a report on technology investment on the Northern border,
as specified in the House report.

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Reporting Requirements to the Committees
CBP is directed to include, within the fiscal year 2010 expenditure plan and as specified in the House report, its proposed environmental planning and mitigation plan. In lieu of providing in
that plan a report on current and prior year environmental efforts,
as proposed by the House, CBP shall brief the Committees no later
than 90 days after the date of enactment of this Act. In the same
briefing, CBP shall provide an assessment of the potential of ‘‘buff-

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er areas’’ to facilitate mission and environmental goals, in lieu of
a report in the expenditure plan, as proposed by the House.
In addition, DHS shall include in the quarterly SBI report details on BSFIT obligations and expenditures as specified in the
House report, rather than submitting such information on a monthly basis.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT

The conference agreement provides $519,826,000 for Air and
Marine Interdiction, Operations, Maintenance, and Procurement
instead of $513,826,000 as proposed by the House and
$515,826,000 as proposed by the Senate. This includes
$374,217,000 for Operations and Maintenance and $145,609,000 for
Procurement. Within these amounts, an additional $6,000,000 is
provided for software and system upgrades for the Air and Marine
Operations Center, and an additional $8,000,000 is provided for
marine vessels.
Marine Vessels
The conference agreement provides $14,500,000 for procurement of marine vessels, instead of $16,500,000 as proposed by the
Senate and $6,500,000 as proposed by the House, an increase of
$8,000,000 above the budget request. The conferees direct these
funds to be awarded competitively and direct CBP to submit an updated strategic acquisition plan to the Committees as discussed in
the House report.

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

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CONSTRUCTION AND FACILITIES MANAGEMENT

The conference agreement provides $319,570,000 for Construction and Facilities Management instead of $682,133,000 for Facilities Management as proposed by the House, and $316,070,000 as
proposed by the Senate. This includes $282,557,000 for Facility
Construction and Sustainment and $37,013,000 for Program Oversight and Management. Within Facility Construction and
Sustainment is an additional $39,700,000 for constructing and
equipping the Advanced Training Center and an additional
$3,500,000 for acquisition, design, and construction of CBP Air and
Marine facilities at El Paso International Airport. No funding is
provided for rent, which is funded in the Salaries and Expenses appropriation.
Port of Entry Construction
The conference agreement includes language requiring CBP, in
consultation with GSA, to include a 5-year construction plan for
land border ports of entry. The conferees direct DHS to continue
to work with GSA to prioritize and address land border port of
entry infrastructure needs, and to comply with requirements of the
Public Buildings Act to seek necessary funding, as called for in the
Senate and House reports.
Future Construction Needs
The conferees are disappointed that the fiscal year 2010 budget
request includes no funds for ongoing or new construction projects.
While significant funds have been provided to CBP as its workforce
has seen exceptional growth, the expansion and replacement of
aging and inadequate CBP facilities is not complete. The conferees
expect future budget requests to include an adequate level of funding to continue modernization of CBP facilities to meet current security needs and the habitability needs of the CBP workforce.
Rural and Remote Housing
The conferees expect DHS to work to ensure adequate housing
for its personnel in rural and remote areas, particularly with the
significant increase of CBP personnel deployed to the Northern and
Southwest Borders, and direct the Department to submit to the
Committees no later than December 15, 2009, a Quarters Management Plan as described in the House report.
U.S. IMMIGRATION

AND

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SALARIES

CUSTOMS ENFORCEMENT

AND

EXPENSES

The conference agreement provides $5,342,134,000 for U.S. Immigration and Customs Enforcement (ICE) Salaries and Expenses
instead of $5,313,193,000 as proposed by the House and
$5,360,100,000 as proposed by the Senate. Within the total
amount, not less than $1,500,000,000 is for efforts to identify individuals illegally present in the United States who have criminal
records, whether incarcerated or at-large, and to remove these
aliens once they have been judged deportable in immigration court.

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The conferees direct ICE to report within 30 days after the date of
enactment of this Act to the Committees on how it will allocate
program funds to fulfill this requirement.
The conference report includes a statutory requirement regarding IG reviews of ICE’s 287(g) agreements for compliance with the
terms of Memoranda of Understanding signed between the agency
and local law enforcement organizations, and also prohibits the expenditure of funds on contracts with detention centers that repeatedly fail to comply with ICE detention standards.
The following table specifies funding levels by budget activity:
Headquarters Management and Administration ................................
Legal Proceedings ..................................................................................
Domestic Investigations ........................................................................
International Investigations:
International Operations ...............................................................
Visa Security Program ...................................................................

$512,337,000
221,666,000
1,649,551,000

Subtotal, International Investigations ......................................
Intelligence .............................................................................................
Detention and Removal Operations:
Custody Operations ........................................................................
Fugitive Operations ........................................................................
Criminal Alien Program .................................................................
Alternatives to Detention ...............................................................
Transportation and Removal Program .........................................

143,558,000
69,842,000
1,771,168,000
229,682,000
192,539,000
69,913,000
281,878,000

Subtotal, Detention and Removal Operations ..........................
Identification and Removal of Criminal Aliens ...................................

2,545,180,000
200,000,000

Total, ICE Salaries and Expenses .........................................

$5,342,134,000

112,872,000
30,686,000

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

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Prioritizing the Removal of Deportable Criminal Aliens
The conference report includes $200,000,000 exclusively for
ICE efforts to identify and remove deportable criminal aliens as
proposed by the House, instead of $195,589,000 as proposed by the
Senate. ICE has branded these efforts ‘‘Secure Communities,’’ and
the conferees continue to have strong interest in the implementation and expansion of this program. As a result, the conference
agreement includes a statutory requirement for ICE to report to
the Committees, within 45 days of the close of each quarter of the
fiscal year, on progress to make sure all aliens who have been con-

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

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Southwest Border Enforcement Initiative
The conferees note the vigor with which ICE has rapidly devoted resources toward the enhancement of law enforcement efforts
along the Southwest border in response to the increase in crossborder crime in fiscal year 2009. These efforts include the establishment of 10 Border Enforcement Security Task Forces (BESTs)
along the Southwest border to better utilize the collective capabilities of Federal, State, local, and international law enforcement
partners. Furthermore, ICE has signed new agreements with the
Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives to strengthen and better coordinate Federal law enforcement efforts to thwart the smuggling of
drugs, bulk cash, weapons, illegal aliens, and other contraband by
transnational criminal organizations. While very supportive of
these efforts, the conferees believe ICE must examine the broader
resource implications and sustainability of this new operational
posture in the context of achieving the objectives of the National
Southwest Border Counternarcotics Strategy (the Strategy), released on June 5, 2009. ICE is directed to brief the Committees no

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later than December 15, 2009, on its efforts to effectively align resources to the Strategy’s goals for border enforcement.
To support ICE efforts along the Southwest border in combating crime related to transnational smuggling and illicit trade,
the conference agreement provides a total of $100,000,000,
$30,000,000 more than requested. Of these amounts, an additional
$10,000,000 is for BEST team expansion, which includes
$2,000,000 for intelligence activities; an additional $10,000,000 is
for counter-proliferation investigations, including anti-gun smuggling activities; and an additional $10,000,000 is for investigations
of transnational gangs.
The conferees are aware of ongoing efforts to coordinate the investigative activities of DHS and the Department of Justice (DOJ)
along the Southwest border. The conferees commend the Administration for this plan to expand and share network ballistics imaging technology with Mexican law enforcement agencies as part of
the Strategy. As discussed in the Senate report, the sharing of ballistics information can potentially generate significant leads for investigations into gun violence and weapons smuggling. The conferees encourage DHS to continue to work closely with the DOJ to
ensure appropriate protocols are in place to share ballistic information between the two agencies and with Mexican law enforcement
partners to further collective investigative efforts.
Detention Bed Spaces
The conference report includes a provision directing that a
level of 33,400 detention beds shall be maintained throughout fiscal
year 2010.
Detention Standards Oversight and Compliance
As discussed in both the House and Senate reports, the conferees support ICE’s proposal to expand the Office of Professional
Responsibility and Detention Facilities Inspection Group, and provide an increase of $2,100,000 over the budget request for these
programs in fiscal year 2010 to address workplace fraud as proposed by the Senate.
Alternatives to Detention
The conference agreement provides $69,913,000 for Alternatives to Detention programs instead of $73,913,000 as proposed
by the House and $63,913,000 as proposed by the Senate. Included
in the conference report is a statutory restriction on expenditure of
ICE appropriations on field office collocation until ICE submits to
the Committees a plan for nationwide deployment of the Alternatives to Detention program.

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

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ICE Investigations
The conference agreement provides $1,649,551,000 for ICE domestic investigations instead of $1,643,360,000 as proposed by the
House and $1,666,551,000 as proposed by the Senate. The conference agreement also provides $143,558,000 for ICE international
investigations instead of $144,758,000 as proposed by the House
and $143,058,000 as proposed by the Senate. Within the funding
provided for international investigations, the conference agreement
includes $30,686,000 for ICE Visa Security Units instead of
$31,886,000 as proposed by the House and $30,186,000 as proposed
by the Senate.
ICE Worksite Enforcement
The conference agreement provides $134,778,000 for ICE worksite enforcement investigations, an increase of $6,000,000 above the
amount requested in the budget, as discussed in the Senate report.
State and Local Programs
The conference agreement includes a total of $117,394,000 for
State and Local Programs as proposed by both the House and Senate. Within this total, $68,047,000 is for the 287(g) program;
$14,357,000 is provided for the Forensics Document Laboratory,
which supports all ICE investigatory programs and offers specialized assistance to State and local law enforcement agencies; and
$34,990,000 is for the Law Enforcement Support Center.
Deportation of Parents of U.S.-Born Children
As discussed in the House and Senate reports, ICE does not
currently track in any meaningful or comprehensive way, information about the removal of alien parents of U.S.-born children. In
order to better understand the scale and intricacies of this issue,
the conferees direct ICE to submit, within 60 days after the date
of enactment of this Act, an evaluation of the process and data
management system changes necessary to track the information
discussed in both the House and Senate reports, including a
timeline for implementing the required changes in fiscal year 2010.
ICE is directed to begin collecting data on the deportation of parents of U.S.-born children no later than July 1, 2010, and to provide the data at least semi-annually to the Committees and the Office of Immigration Statistics.
Textile Transshipment Enforcement

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

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AUTOMATION MODERNIZATION
(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $90,000,000 for Automation
Modernization instead of $105,000,000 as proposed by the House
and $85,000,000 as proposed by the Senate. Included in this
amount is the full budget request for the TECS and Atlas modernization programs, and for ICE efforts to convert health records
to digital format. The conferees direct ICE to provide, within 30
days from the date of enactment of this Act, a briefing that identifies the funding levels to be allocated to other programs funded in
this account. In addition, the conference report includes a statutory
restriction withholding $10,000,000 of the Automation Modernization appropriation from obligation until ICE submits a detailed fiscal year 2010 expenditure plan for this account. Should ICE determine that data center migration is a higher priority than its various automation modernization programs, it may transfer up to
$10,000,000 from this account to ‘‘Salaries and Expenses’’ for this
purpose.
CONSTRUCTION
The conference agreement provides an additional $4,818,000
for ICE construction, which funds basic and emergency maintenance at ICE-owned detention facilities instead of $11,818,000 as
proposed by the House and no funding as proposed by the Senate.
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY
The conference agreement provides $5,214,040,000 for Aviation
Security instead of $5,265,740,000 as proposed by the House and
$5,233,328,000 as proposed by the Senate. In addition to the
amounts appropriated, a mandatory appropriation totaling
$250,000,000 is available through the Aviation Security Capital
Fund. Statutory language reflects the collection of $2,100,000,000
from aviation user fees, as authorized. The following table specifies
funding by budget activity:

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Screening Operations:
Screener Workforce:
Privatized screening ...................................................................
Screener personnel, compensation, and benefits ......................

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$149,643,000
2,758,575,000

Subtotal, screener workforce ..................................................
Screening training and other .........................................................
Checkpoint support ........................................................................
EDS/ETD Systems:
EDS procurement and installation ............................................
Screening technology maintenance and utilities ......................
Operation integration .................................................................

2,908,218,000
204,713,000
128,739,000

Subtotal, EDS/ETD systems ...................................................
Subtotal, screening operations ...............................................
Aviation Security Direction and Enforcement:
Aviation regulation and other enforcement ..............................
Airport management and support .............................................
Federal flight deck officer and flight crew training .................

1,116,406,000
4,358,076,000

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778,300,000
316,625,000
21,481,000

254,064,000
453,924,000
25,127,000

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Air cargo ......................................................................................

122,849,000

Subtotal, aviation security direction and enforcement .........
Total, Aviation Security ..........................................................

855,964,000
$5,214,040,000

Privatized Screening
The conference agreement provides $149,643,000 for Privatized
Screening as proposed by the House and Senate. The Transportation Security Administration (TSA) is directed to approve the applications of airports that are seeking to participate in the screening partnership program that meet all of TSA’s criteria, including
the determination that contract screening can be provided at that
location in a cost-effective manner.
Screener Personnel, Compensation, and Benefits
The conference agreement provides $2,758,575,000 for Screener
Personnel, Compensation, and Benefits as proposed by the Senate
instead of $2,788,575,000 as proposed by the House. Within this
funding, the conferees have approved $211,861,214 for behavior detection officers, an increase of 126 new behavior detection officer
FTEs to enhance ongoing activities at the nation’s larger airports.
As discussed in the Senate report, no later than 60 days after the
date of enactment of this Act, TSA shall report on the scientific
basis for using behavior pattern recognition for observing airline
passengers for signs of hostile intent, the effectiveness of this program in meeting its goals and objectives, and the justification for
expanding the program. GAO shall review this report and provide
its findings to the Committees no later than 120 days after the report is submitted to the Committees.
The conferees agree with the Senate recommendation to reduce
funding below the request in this account due to repeated large
carryover balances. With the large influx of funding provided by
ARRA and this Act, TSA is able to greatly expedite the deployment
of next generation technologies at the checkpoint and to install significantly more in-line explosives detection systems, thereby permitting a reduction in personnel. TSA shall report to the Committees, in tandem with the fiscal year 2011 budget, on the savings
achieved and anticipated by fiscal year from the installation of the
new systems. The report shall specifically address FTE savings.
TSA shall provide a briefing within 30 days after submission
of the fiscal year 2011 Congressional Budget Justification presenting a revised fiscal year 2011 budget structure for the Committees consideration that includes an appropriation for personnel and
related operational expenses with a one-year availability.

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

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

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

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Screening Technology Maintenance and Utilities
The conference agreement provides $316,625,000 for Screening
Technology Maintenance and Utilities as proposed by the House instead of $326,625,000 as proposed by the Senate. The conferees remain interested in controlling the growing maintenance costs of the
agency’s screening technologies and understand that TSA is working with vendors to develop equipment with greater throughput
and lower maintenance costs. The conferees support this effort and
encourage TSA to look for ways to control costs in this area in the
future.
Airport Management and Support
The conference agreement provides $453,924,000 for airport
management and support as proposed by the House instead of
$448,424,000 as proposed by the Senate. Within this funding is
$5,500,000 for the flight data initiative to support aircraft installation and flight testing by September 30, 2011.
Air Cargo
The conference agreement provides $122,849,000 for Air Cargo
as proposed by the House instead of $115,018,000 as proposed by
the Senate. Within the funds provided: $4,730,000 is for testing,
evaluation, and qualification of existing technologies for use in air
cargo to assist the fresh fruit industry and others in complying
with new cargo screening requirements; $2,200,000 is for inspectors
and canine teams to convert 35 legacy teams to proprietary teams;
$3,450,000 is for 50 new inspectors to address the additional inspection workload related to the 100-percent screening mandate
and other regulatory responsibilities; and $4,350,000 is for deployment of skid-level and palletized screening technologies, including
vapor detection and metal detection technologies, to meet the 100percent screening mandate.
TSA is encouraged to continue its efforts to assist the fresh
fruit industry in complying with new cargo scanning requirements
and to expedite the development and approval of efficient and effective cargo screening technologies.
TSA is directed to regularly brief the Committees on the results of its air cargo pilot before a nationwide rollout and identify
any impediments it may have in meeting the 100-percent air cargo
screening requirement by August 2010.
No later than 60 days after the date of enactment of this Act,
TSA shall submit an expenditure plan to the Committees on the allocation of air cargo funds, including carryover balances.

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SURFACE TRANSPORTATION SECURITY
The conference agreement provides $110,516,000 for Surface
Transportation Security instead of $103,416,000 as proposed by the
House and $142,616,000 as proposed by the Senate. Within this
total, $42,293,000 is for surface transportation staffing and operations and $68,223,000 is for surface transportation security inspectors and canines.

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Within the funds provided for surface transportation security
inspectors and canines, the conferees provide $7,100,000 for 100
new surface transportation inspectors, allowing TSA to fulfill 9/11
Act requirements. Due to TSA delays in hiring, the conferees provide $25,000,000, half the increased funding requested, for new rail
inspectors to create 15 new Visible Intermodal Protection and Response (VIPR) teams. These funds cannot be obligated until TSA
provides an expenditure plan detailing how and where these new
VIPR teams will be deployed.
TRANSPORTATION THREAT ASSESSMENT

AND

CREDENTIALING

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

$84,363,000
87,636,000

Subtotal, direct appropriations ..................................................
Fee Collections:
Transportation worker identification credential ..........................
Hazardous materials ......................................................................
Alien flight school (transfer from DOJ) ........................................
Certified cargo screening program ................................................
Large aircraft security program ....................................................
Secure identification display area checks .....................................
Other security threat assessments ................................................
General aviation at DCA ...............................................................
Indirect air cargo ............................................................................
Sensitive security information .......................................................

171,999,000

Subtotal, fee collections ..............................................................

$47,620,000

9,000,000
15,000,000
4,000,000
5,200,000
1,600,000
10,000,000
100,000
100,000
2,600,000
20,000

smartinez on DSKB9S0YB1PROD with REPORTS

Secure Flight
The conference agreement provides $84,363,000 for Secure
Flight as proposed by the House and Senate. The conferees do not
include a general provision as proposed by the Senate prohibiting
funds to be used to test algorithms assigning risk to passengers
whose names are not on a government watch list or to use databases that are under control of a non-Federal entity because these
activities are not permitted by the final Secure Flight rule. Any
change beyond the scope of this rule would require a new rulemaking.
TSA shall report within 90 days after the date of enactment of
this Act on the progress it has made in addressing GAO’s Secure
Flight recommendations related to the name matching system, appropriate life cycle costs, schedule estimates, and its assessment on
the impact of modifications to the Computer Assistance Passenger
Pre-Screening System rules on air carriers. In addition, the conferees direct GAO to continue its review of the Secure Flight program until all conditions are generally achieved, and periodically
update the Committees on its findings.
As directed in the Senate report, TSA shall brief the Committees on any security concerns related to passengers providing

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fraudulent documents when making an airline reservation and discuss how this will be addressed.
No funds appropriated for crew and other vetting programs
may be used to supplement the amount provided for the Secure
Flight program, subject to section 503 of this Act.
TRANSPORTATION SECURITY SUPPORT
The conference agreement provides $1,001,780,000 for Transportation Security Support instead of $992,980,000 as proposed by
the House and $999,580,000 as proposed by the Senate. Funding
is provided as follows:
Headquarters administration ...............................................................
Information technology ..........................................................................
Human capital services .........................................................................
Intelligence .............................................................................................

$248,929,000
498,310,000
226,338,000
28,203,000

Total, Transportation Security Support .......................................

$1,001,780,000

Information Technology
The conference agreement includes $498,310,000 for Information Technology instead of $489,510,000 as proposed by the House
and $496,110,000 as proposed by the Senate. Within this total is
$8,800,000 for data center migration.
Expenditure Plans
The conference report includes language requiring TSA to submit detailed expenditure plans to the Committees for air cargo security, and for checkpoint support and EDS procurement, refurbishment, and installations is on an airport-by-airport basis for fiscal year 2010. These plans are due no later than 60 days after the
date of enactment of this Act. The conference report withholds
$20,000,000 of the total amount provided for Headquarters Administration from obligation until the detailed expenditure plans are
received. TSA shall provide quarterly updates on EDS and checkpoint expenditures, on an airport-by-airport basis. These updates
shall include information on the specific technologies to be purchased, project timelines, a schedule for obligation, and a table detailing actual versus anticipated unobligated balances at the close
of the fiscal year, with an explanation of any deviation from the
original plan. TSA may reassess and reallocate funds in the expenditure plan if new requirements occur throughout the fiscal
year, after providing notification to the Committees on the change
within the quarterly report.

smartinez on DSKB9S0YB1PROD with REPORTS

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

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FEDERAL AIR MARSHALS
The conference agreement provides $860,111,000 for the Federal Air Marshals (FAMs), as proposed by the House and Senate.
Within the total appropriation provided, $762,569,000 is for management and administration and $97,542,000 is for travel and
training. TSA shall continue to provide quarterly reports on the
FAMs mission coverage, staffing levels, and hiring rates as directed
in previous appropriations Acts.
As discussed in the House report, the conferees direct the Department to reassess the long-term staffing levels for FAMs. The
assessment should include a determination of the appropriate mix
of staff required on a day-to-day basis; an identification of the types
and numbers of flights FAMs should regularly be assigned to;
whether legislative changes may be necessary to better tailor how
FAMs deploy on a daily basis; and a detailed discussion on the
methodology used to justify this optimal staffing mix. This assessment is due no later than February 1, 2010.
COAST GUARD
OPERATING EXPENSES
The conference agreement provides $6,805,391,000 instead of
$6,822,026,000 as proposed by the House and $6,838,291,000 as
proposed by the Senate. Within this amount, $581,503,000 is available for defense-related activities, including $241,503,000 for overseas contingency operations. Funding for operating expenses shall
be allocated as follows:

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Military pay and allowances:
Military pay and allowances ..........................................................
Military health care .......................................................................
Permanent change of station .........................................................
Subtotal, Military pay and allowances ..................................
Civilian pay and benefits ......................................................................
Training and recruiting:
Training and education ..................................................................
Recruitment ....................................................................................

3,254,512,000
699,794,000

Subtotal, Training and recruiting ..........................................
Operating funds and unit level maintenance:
Atlantic Command ..........................................................................
Pacific Command ............................................................................
1st District ......................................................................................
5th District ......................................................................................
7th District ......................................................................................
8th District ......................................................................................
9th District ......................................................................................
11th District ....................................................................................
13th District ....................................................................................
14th District ....................................................................................
17th District ....................................................................................
Headquarters directorates .............................................................
Headquarters managed units ........................................................
Other activities ...............................................................................

206,178,000

Subtotal, Operating funds and unit level maintenance .......
Centrally managed accounts .................................................................
Intermediate and depot level maintenance:
Aeronautical ....................................................................................
Electronic ........................................................................................

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$2,718,493,000
371,399,000
164,620,000

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103,417,000
102,761,000

177,474,000
195,943,000
60,074,000
21,941,000
78,338,000
49,276,000
31,672,000
17,641,000
23,060,000
19,289,000
29,829,000
288,630,000
158,901,000
882,000
1,152,950,000
334,275,000
365,291,000
155,101,000

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83
Civil/ocean engineering and shore facilities .................................
Vessel ...............................................................................................

183,929,000
211,858,000

Subtotal, intermediate and depot level maintenance ...........
Overseas Contingency Operations ........................................................

916,179,000
241,503,000

Total, Operating Expenses ..............................................

$6,805,391,000

Overseas Contingency Operations
The conference agreement provides $241,503,000 for Coast
Guard operations in support of overseas contingency operations requirements as proposed by the House and Senate. Funding for
these activities was requested in the Department of Defense budget
for the Navy. Consistent with actions taken in P.L. 111–32, the
conferees have instead appropriated these funds directly to the
Coast Guard. The conferees believe providing these funds within
the appropriate agency budgets in annual appropriations, rather
than by transfer in supplementals, improves visibility and opportunities for effective oversight. The Coast Guard may allocate these
funds across its traditional PPAs in the Operating Expenses account, without regard to section 503 of this Act. The Coast Guard
is directed to provide a plan no later than 60 days after the date
of enactment of this Act on the distribution of these funds by PPA,
and shall provide a quarterly report within 45 days of the end of
each quarter on the actual and planned distribution of these funds.
Financial Management
The conferees direct the Coast Guard to provide a report on
the progress of the Financial Strategy for Transformation and
Audit Readiness initiative no later than six months after the date
of enactment of this Act, as outlined in the House report. Furthermore, the conferees direct the Coast Guard to periodically update
the Committees on progress made toward attaining a clean audit,
as proposed by the Senate.
Reporting Requirements Withholding
The conferees note that despite legislative mandates the Coast
Guard has failed to produce an expenditure plan for the Integrated
Deepwater Systems program, a Capital Investment Plan, or Quarterly Acquisition Reports in time to be of use during the fiscal year
2010 appropriations process. In an effort to encourage timely submissions to the Committees of materials necessary for robust and
informed oversight, the conference report withholds $50,000,000
from obligation from the Coast Guard’s Headquarters Directorates
PPA until the Revised Deepwater Implementation Plan, a comprehensive five-year Capital Investment Plan for fiscal years 2011–
2015, and the Quarterly Acquisition Report for the second quarter
of fiscal year 2010 have been submitted to the Committees.

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

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Counternarcotics Enforcement
The conferees provide $4,000,000 above the budget request to
enhance Coast Guard counternarcotics enforcement efforts, instead
of $5,735,000 as proposed by the House. No additional funding for
this activity was proposed by the Senate. The Coast Guard is directed to report to the Committees no later than 15 days after the
date of enactment of this Act on how these funds will be applied
to specific counternarcotics programs. The application of these additional funds may include expansion of Airborne Use of Force and
Law Enforcement Detachment capabilities and should be based
upon the Coast Guard’s most pressing resource needs related to
counternarcotics enforcement in the source and transit zones.
Critical Depot Level Maintenance
The conference agreement provides $10,000,000 above the
budget request to address the Coast Guard’s significant backlog for
critical depot level maintenance for aging surface, air, and shore
assets, instead of $20,000,000 as proposed by the Senate and
$5,000,000 as proposed by the House for cutter maintenance. These
additional funds will address crew safety, habitability, hazardous
materials remediation, emergency and scheduled maintenance, and
spare parts availability requirements, as described in the Senate
report.
Long Range Aids to Navigation—C (LORAN–C)
The conference agreement includes $12,000,000 above the request for LORAN–C, instead of $36,000,000 as proposed by the
House and $18,000,000 as proposed by the Senate. The conference
agreement includes and modifies a general provision (Sec. 559), as
proposed by the Senate continuing LORAN–C operations through
January 4, 2010. LORAN–C operations shall continue beyond that
date unless the Commandant of the Coast Guard certifies that the
termination of the LORAN–C signal will not adversely impact the
safety of maritime navigation and the Secretary certifies that the
LORAN–C system infrastructure is not needed as a backup to the
Global Positioning System (GPS) or to meet any other Federal
navigation requirement. If the Commandant and Secretary make
such certifications, the Coast Guard shall commence a phased decommissioning of the LORAN–C infrastructure, and provide a detailed termination plan for the system to the Committees within 30
days of certification.
If the required certifications are met, section 559 also permits
the Secretary to sell LORAN–C property to offset the costs of environmental compliance and restoration, including costs of securing
and maintaining equipment that may be used as a backup to GPS.

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Operations Systems Center
The conference agreement includes $3,600,000 above the budget request, as proposed by the Senate, for customized tenant improvements in conjunction with the Operations Systems Center
(OSC) expansion project. The House provided no additional funding
for this activity. The OSC continues to experience steady growth in

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both the number of systems being developed and the number of
staff required to support those systems. Currently, 500 government
and contractor personnel work at the OSC. The existing main facility space has been at capacity for four years and it will not accommodate the expected growth to over 900 staff. The Coast Guard is
currently housing several employees in temporary trailers. The
Coast Guard is directed to work with GSA to produce a prospectus
no later than 60 days after the date of enactment of this Act for
this expansion and to complete a competitively awarded lease.
Data Center Migration
The conference agreement provides no funds for Coast Guard
data center migration as proposed by the House instead of
$20,400,000 as proposed by the Senate.
Polar Icebreaking Operations and Maintenance Funding
The conferees expect polar icebreaking operations and maintenance budget authority and associated FTE to be included in the
Coast Guard’s budget request for fiscal year 2011. The National
Science Foundation and Coast Guard shall update the existing
Memorandum of Agreement to reflect the change in budget authority as proposed by the Senate. Furthermore, the conferees direct
the Coast Guard to follow the direction regarding the high latitude
study as outlined in the House report.
Invasive Species Protection
The conferees are concerned about the threat that harmful
invasive species, such as the Asian carp, pose to the Great Lakes
ecosystem. The conferees are aware that the Chicago Sanitary and
Ship Canal second dispersal barrier recently went to higher operating parameters. The Coast Guard is encouraged to continue
working in conjunction with the U.S. Army Corps of Engineers on
any safety testing of the electrical parameters deemed necessary.
Watchstanders
The conference agreement provides $500,000 above the budget
request to meet increased operational demands and to enhance situational awareness and information sharing in Coast Guard command centers, instead of an additional $1,000,000 as proposed by
the Senate. The House proposed no additional funding for this activity.

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

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Security of Liquefied Natural Gas Operations
The conferees direct the Secretary, in conjunction with the
Commandant, to submit a report assessing whether the Coast
Guard has sufficient resources to protect Liquefied Natural Gas
(LNG) tankers and facilities, and recommendations for strengthening the Coast Guard’s security role not later than six months
after the date of enactment of this Act, as outlined in the Senate
report. Furthermore, the conferees direct the Coast Guard to report
to the Committees on the impact of a proposed LNG facility in Fall
River, Massachusetts on boat traffic, as outlined in the Senate report, no later than six months after the date of enactment of this
Act.
National Vessel Documentation Center
The conferees understand that user fee collections, which help
offset the costs of Coast Guard activities at the National Vessel
Documentation Center (NVDC), have decreased due to the economic downturn. The Coast Guard shall avoid any reduction in the
NVDC’s government-employed or contract staff levels ordinarily
funded through proprietary receipts made available in this or any
other Act by reassigning such staff to non-fee related Coast Guard
activities.
ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

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

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

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Subtotal, Vessels .....................................................................
Other Equipment:
National distress and response system modernization (Rescue
21) .................................................................................................
HF recapitalization .........................................................................
Interagency Operations Centers (Command 21) ..........................
Subtotal, Other Equipment ....................................................
Personnel and Related Support:
Core acquisition costs .....................................................................

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$121,000,000
121,000,000
117,000,000
2,500,000
10,000,000
129,500,000
500,000

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Direct personnel costs ....................................................................

104,700,000

Subtotal, Personnel and Related Support .............................
Integrated Deepwater Systems:
Aircraft:
Maritime patrol aircraft ..........................................................
HH–60 conversion projects .....................................................
HC–130H conversion/sustainment projects ...........................
HH–65 conversion project .......................................................
C–130J fleet introduction .......................................................

105,200,000
138,500,000
45,900,000
45,300,000
38,000,000
1,300,000

Subtotal, Aircraft .............................................................
Surface Ships:
National Security Cutter ........................................................
Offshore Patrol Cutter ............................................................
Fast Response Cutter ..............................................................
IDS small boats .......................................................................
Patrol Boat sustainment .........................................................
Medium Endurance Cutter sustainment ...............................
Polar Icebreaker sustainment ................................................
High Endurance Cutter sustainment ....................................

269,000,000

Subtotal, Surface Ships ...................................................
Technology Obsolescence Prevention ............................................
C4ISR ..............................................................................................
Logistics ...........................................................................................
Systems engineering and integration ...........................................
Government program management ..............................................

730,680,000
1,900,000
35,000,000
37,700,000
35,000,000
45,000,000

Subtotal, Integrated Deepwater Systems ..............................
Shore Facilities and Aids to Navigation ..............................................
Total, Acquisition, Construction, and Improvements ....

$1,154,280,000
27,100,000
$1,537,080,000

389,480,000
9,800,000
243,000,000
3,000,000
23,000,000
31,100,000
27,300,000
4,000,000

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

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Comprehensive Review of the Revised Deepwater Implementation
Plan
The conferees note with emphasis the legislative requirement
for the Secretary to submit a comprehensive review of the Revised
Deepwater Implementation Plan (RDIP). The longstanding requirements for this review are specific: a complete projection of the acquisition costs and schedule for the duration of the RDIP. The conferees expect this review to update the original RDIP estimated
total cost of $24.2 billion and projected completion by fiscal year
2027. Furthermore, the review should clearly and comprehensively
display the types and quantities of operational assets covered by
the RDIP and the costs and schedule, by fiscal year and by asset,
for the replacement or phase-out of legacy assets through refurbishment or acquisition. Since the recapitalization of the Coast
Guard’s cutters, aircraft, and C4ISR systems is a complex, multiyear, and integrated program, the conferees believe it is imperative
to evaluate the complete acquisition program baseline, by asset,
through the duration of the RDIP. Given that this RDIP review has
been mandated in every annual appropriations Act for DHS since
the first RDIP was established in November 2006, the conferees
cannot foresee any justification for undue delay from DHS and the
Coast Guard in submitting a review that fully complies with the
specified requirements, including complete baseline costs. As noted
previously in this statement, $50,000,000 is withheld from obligation from Coast Guard Headquarters Directorates until this RDIP
review is submitted to the Committees, along with the Capital Investment Plan for fiscal years 2011–2015 and the Quarterly Acquisition Report for the second quarter of fiscal year 2010.
Response Boat—Medium
The conference agreement provides $121,000,000 for the Response Boat—Medium (RB–M) acquisition, instead of $103,000,000
as proposed by the House and $123,000,000 as proposed by the
Senate. These funds support the purchase of 39 RB–Ms, nine more
than requested.
Maritime Patrol Aircraft
The conference agreement provides $138,500,000 for the Maritime Patrol Aircraft acquisition as proposed by the House instead
of $175,000,000 as proposed by the Senate. Funds are available for
maritime patrol aircraft, mission pallets, simulator, and associated
project costs. The Coast Guard is to brief the Committees no later
than 30 days after the date of enactment of this Act on the planned
distribution of these funds.

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National Security Cutter
The conference agreement provides $389,480,000 for the National Security Cutter (NSC) acquisition as proposed by the Senate
instead of $281,480,000 as proposed by the House. These funds are
to complete production of NSC #4 and for long lead-time materials
for NSC #5. The conferees direct the Coast Guard to finalize the

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integrated logistics plan for the NSC and to brief the Committees
on it within 60 days of the date of enactment of this Act.
Offshore Patrol Cutter
The conferees direct the Coast Guard to brief the Committees
by March 15, 2010, on the progress of its ongoing preliminary acquisition work on the Offshore Patrol Cutter, including the results
of the requirements and alternatives analyses.
Fast Response Cutter
The conferees expect the Coast Guard to continue quarterly
briefings on the status of the Fast Response Cutter procurement as
outlined in the Senate report, including information on the effectiveness of its efforts to control cost growth in the program.
Polar Icebreaker Sustainment
The conference agreement provides an additional $32,500,000
to complete the reactivation and service life extension of the Coast
Guard Cutter POLAR STAR as proposed by the Senate. No additional funding for this activity was proposed by the House. Of this
amount, $5,200,000 is provided in the Acquisition, Construction,
and Improvements direct personnel costs PPA. Funds shall be applied as specified in the Senate report. The conferees believe returning POLAR STAR to operational status is vital to national interests in the polar regions. According to the Coast Guard the only
existing operational heavy icebreaker, the POLAR SEA, has only
five years of service life remaining. The absence of requested funding to complete fiscal year 2009 efforts to reactivate POLAR STAR,
combined with the lack of compliance with standing Congressional
direction on the polar icebreaking budget, implies a broader lack of
commitment to sustaining polar capabilities and achieving longterm, strategic objectives in the Arctic. The conferees direct the
Coast Guard to brief the Committees no later than December 15,
2009, on the program execution plan for reactivation of POLAR
STAR and the status of resources required to achieve mission requirements for polar operations.
High Endurance Cutter Sustainment
The conference agreement provides $4,000,000 above the request for pre-acquisition survey and design to determine the requirements for a maintenance effectiveness project for the High
Endurance Cutter, instead of the $8,000,000 as proposed by the
Senate. No additional funding for this activity was proposed by the
House. The conferees direct the Coast Guard to brief the Committees no later than 60 days after the date of enactment of this Act
on preliminary plans for this effort, as proposed by the Senate.

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Interagency Operations Centers (Command 21)
The conference agreement provides $10,000,000 for Interagency Operations Centers instead of $28,000,000 as proposed by
the Senate. No additional funding for this activity was proposed by
the House. Within 90 days after the date of enactment of this Act,

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the Coast Guard shall submit an expenditure plan for these funds
as outlined in the Senate report.
Shore Facilities and Aids to Navigation
The conference agreement provides $27,100,000 for shore facilities and aids to navigation as proposed by the Senate instead of
$10,000,000 as proposed by the House. The conferees direct the
Coast Guard to provide the Committees with a prioritized list of
projects in the current construction backlog by January 15, 2010,
and the Coast Guard’s plan to address them.
The conferees continue to be concerned with the condition of
the Coast Guard Academy pier. The conference agreement includes
$300,000 for survey and design costs for this project as proposed
by the Senate.
The conference agreement also includes $16,800,000, as proposed by the Senate, to complete the project proposal to renovate,
improve, or construct a new Station and Marine Safety Unit Cleveland Harbor, Ohio, and to begin work on this project. The Coast
Guard should take a phased approach to this project to fully utilize
the funds available.
In addition, the conference agreement includes a general provision, as proposed by the House, authorizing the Coast Guard to use
previously appropriated funds for the consolidation of Sector Buffalo to enhance public access to the Buffalo Lighthouse. The Coast
Guard is directed to brief the Committees within 90 days after the
date of enactment of this Act on how this aspect of the project will
be completed by the end of fiscal year 2011.
Hiring Authorities
The conferees encourage the Coast Guard to work with the appropriate authorizing committees of Congress to ensure that its
hiring authorities are on par with those of the other armed services, as recommended by the Senate. Furthermore, the conferees direct the Coast Guard to brief the Committees no later than 60 days
after the date of enactment of this Act on efforts to reduce reliance
on contractors performing inherently governmental work, as proposed by the Senate.
Great Lakes Icebreaking
The conferees direct the Coast Guard to conduct an alternatives analysis for Great Lakes icebreaking and submit it to the
Committees no later than four months after the date of enactment
of this Act, as outlined in the Senate report.

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Government Accountability Office Reviews
The conferees direct the GAO to continue its oversight of the
Deepwater Program. In addition to the programs highlighted in the
Senate report, GAO should focus on programs nearing critical decision points, such as the Fast Response Cutter, Maritime Patrol Aircraft, and C4ISR, as well as continuing its ongoing work reviewing
the acquisition of the NSC and changes made to acquisition processes and policies at both the component and Departmental level

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that will affect how the Coast Guard functions as systems integrator. The conferees expect GAO to review Coast Guard expenditure plans once they are transmitted to the Committees.
ALTERATION

OF

BRIDGES

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

AND

EVALUATION

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

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

AND

EXPENSES

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

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Protection:
Protection of Persons and Facilities ..............................................
Protective Intelligence Activities ...................................................
National Special Security Event Fund .........................................
White House mail screening ..........................................................

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$755,521,000
67,824,000
1,000,000
22,415,000

Subtotal, Protection .................................................................
Investigations:
Domestic Field Operations .............................................................
International Field Office Administration, Operations, and
Training .......................................................................................
Electronic Crimes Special Agent Program and Electronic
Crimes Task Forces ....................................................................
Support for missing and exploited children .................................

846,760,000

Subtotal, Investigations ..........................................................
Headquarters, Management and Administration ...............................

356,504,000
221,045,000

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260,892,000
30,705,000
56,541,000
8,366,000

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92
Training:
Rowley Training Center .................................................................

54,360,000

Total, U.S. Secret Service, Salaries and Expenses ........

$1,478,669,000

smartinez on DSKB9S0YB1PROD with REPORTS

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

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Secret Service Information Technology Modernization
The conference agreement provides $33,960,000 for Secret
Service information technology modernization as proposed by the
Senate instead of $12,700,000 as proposed by the House. The conferees include statutory language prohibiting the obligation of
these funds for any information technology equipment purchases
until the DHS Chief Information Officer (CIO) certifies to the Committees that Secret Service information technology modernization
is consistent with DHS guidance for data center consolidation and
enterprise architecture requirements.
The Secret Service is to work with the DHS CIO to develop a
transition plan to integrate the agency’s data center consolidation
efforts, as proposed by the House; and the Secret Service and DHS
CIO are to provide semi-annual briefings to the Committees on
progress in upgrading IT systems and programs, as proposed by
the Senate.
Uniformed Division Modernization
The conference agreement does not provide the requested
$4,040,000 for implementation of the proposed Uniformed Division
Modernization Act (UDMA) as proposed by the House instead of
the $4,040,000 proposed by the Senate. While the relevant authorizing committees of jurisdiction have begun the legislative process
to enact such reforms and the conferees are supportive of these reforms, it is not clear when this work will be complete. If the proposed UDMA is enacted into law in fiscal year 2010, the Committees are willing to work with the Administration to implement such
reforms expeditiously.
New Secret Service Offices and Locations
The conference agreement includes funding for operations of
the Tallinn, Estonia, international field office, as requested in the
budget. At the end of fiscal year 2009, the Secret Service determined that the best location from which to combat emerging electronic crime threats in the Baltic States is Tallinn, and informed
the Committees of this decision when it proposed using a portion
of that year’s international operations appropriation to open the office. The Committees subsequently approved this expansion.
Given concerns that the Secret Service has opened other new
permanent offices without notifying the Congress, the conference
report includes a statutory requirement that the Secret Service notify the Committees in advance of obligating any funds to open a
new permanent domestic or overseas Secret Service office or location.

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ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

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

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TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND
RECOVERY
NATIONAL PROTECTION

AND

PROGRAMS DIRECTORATE

MANAGEMENT

AND

ADMINISTRATION

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

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

$90,610,000
59,582,000
197,111,000

Subtotal, Infrastructure Protection ...........................................
National Cyber Security Division:
U.S. Computer Emergency Response Team (US–CERT) ............
Strategic Initiatives ........................................................................
Outreach and Programs .................................................................

347,303,000

Subtotal, National Cyber Security Division ..............................
Office of Emergency Communications .................................................
National Security/Emergency Preparedness (NS/EP) Telecommunications:
Priority Telecommunications Services ..........................................
Next Generation Networks ............................................................
Programs to Study and Enhance Telecommunications ...............
Critical Infrastructure Protection Programs ................................

397,154,000
45,060,000

Subtotal, NS/EP Telecommunications .......................................

109,899,000

Total, Infrastructure Protection and Information Security

$899,416,000

323,629,000
64,179,000
9,346,000

56,773,000
25,000,000
16,774,000
11,352,000

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

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Infrastructure Protection—Identification and Analysis
The conference agreement provides $90,610,000 for Identification and Analysis as proposed by the Senate instead of $86,610,000
as proposed by the House. This amount includes $26,521,000 for

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Vulnerability Assessments and $20,000,000 for the National Infrastructure Simulation and Analysis Center (NISAC). As discussed in
the Senate report, the conferees encourage NISAC to continue to
work with the National Incident Management Systems and Advanced Technologies Institute at the University of Louisiana at Lafayette.
Infrastructure Protection—Coordination and Information Sharing
The conference agreement provides $59,582,000 for Coordination and Information Sharing as proposed by the Senate instead of
$62,912,000 as proposed by the House. This amount includes a
$9,000,000 increase from the budget request level for National Infrastructure Protection Plan implementation and Critical Infrastructure/Key Resources partnership management. Within 15 days
after the date of enactment of this Act, the NPPD Chief Financial
Officer shall provide the Committees an explanation of how this additional funding will be divided between these two activities.
Infrastructure Protection—Mitigation Programs
The conference agreement provides $197,111,000 for Mitigation
Programs instead of $196,961,000 as proposed by the House and
$196,111,000 as proposed by the Senate. This amount includes
$14,768,000 for the Office of Bombing Prevention as proposed by
the Senate instead of $14,618,000 as proposed by the House. As
discussed in the House report, $1,000,000 is for infrastructure and
crime monitoring cameras in the City of Philadelphia, Pennsylvania. As discussed in the Senate report, the conferees encourage
the Office of Infrastructure Protection to work with the University
of Southern Mississippi to address the range of potential and actual threats and risks to the on-going safety and security at venues
with large crowds.
National Cyber Security Division—U.S. Computer Emergency
Response Team (US–CERT)
The conference agreement provides $323,629,000 for the National Cyber Security Division (NCSD) US–CERT program instead
of $310,629,000 as proposed by the House and $331,629,000 as proposed by the Senate. Within the total provided, the conferees provide $5,000,000 for the Cyber Security Coordination program. In
addition, the conferees direct the Department to utilize any unobligated balances from the now-discontinued National Cyber Security
Center for this coordinating function. As discussed in the Senate
report, the conference agreement provides $8,000,000 for data center migration activities.

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National Cyber Security Division—Strategic Initiatives
The conference agreement provides $64,179,000 for NCSD
Strategic Initiatives as proposed by the House instead of
$57,679,000 as proposed by the Senate. As discussed in the House
report, the total amount includes: $3,500,000 for a Cyber Security
Test Bed and Evaluation Center in Research Triangle Park, North
Carolina; $3,500,000 for cyber security training at the University

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of Texas at San Antonio; $3,000,000 for the Multi-State Information Sharing and Analysis Center (MS–ISAC) at the New York Office of State Cyber Security and Critical Infrastructure Coordination; $3,000,000 for the Power and Cyber Systems Protection, Analysis, and Testing Program at the Idaho National Laboratory, Idaho;
$500,000 for Virginia’s Operational Integration Cyber Center of Excellence (VOICCE) in Hampton, Virginia; and $100,000 for the Upstate New York Cyber Initiative at Clarkson University.
National Cyber Security Division—Outreach and Programs
The conference agreement provides $9,346,000 for NCSD Outreach and Programs as proposed by the Senate instead of
$7,096,000 as proposed by the House. Within this amount, the conference agreement provides $2,250,000 for the Cyber Security Information Sharing and Collaboration program as requested in the
budget.
Nationwide Cyber Security Review
The conferees note the importance of a comprehensive effort to
assess the security level of cyberspace at all levels of government.
To accomplish this, cyber network security assessment tools must
first be in place; however, the conferees understand that no such
tools currently exist. Given this, the conferees do not require the
Secretary to provide a report by June 1, 2010, on the status of
cyber security measures in States and large urban areas, as proposed in the Senate report. Instead, NPPD, in cooperation with
FEMA and relevant stakeholders, shall develop the necessary tools
for all levels of government to complete a cyber network security
assessment so that a full measure of gaps and capabilities can be
completed in the near future. NPPD, in conjunction with FEMA,
shall brief the Committees within 60 days after the date of enactment of this Act on the specific timeframes and deliverables necessary to complete the development and execution of such tools in
order to complete such an assessment by June 2011.
Office of Emergency Communications

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

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National Security/Emergency Preparedness Telecommunications—
Next Generation Networks
The conference agreement provides $25,000,000 for the Next
Generation Networks (NGN) program as proposed by both the
House and the Senate. Given that it took NPPD more than eight
months to submit a fiscal year 2009 NGN expenditure plan that
did not fulfill all of the requirements specified by Congress, the
conferees direct NPPD to submit a fiscal year 2010 expenditure
plan for this program within 60 days after the date of enactment
of this Act and withhold half of the appropriation until the Committees approve the plan.
National Security/Emergency Preparedness Telecommunications—
Programs to Study and Enhance Telecommunications
The conference agreement provides $16,774,000 for Programs
to Enhance and Study Telecommunications (PSET) as proposed by
both the House and Senate. The conference agreement does not
provide the budget request for the proposed Continuity Communications Architecture program but does not preclude the use of
other PSET funds for this purpose, pursuant to section 503 of this
Act.
National Security/Emergency Preparedness Telecommunications—
Critical Infrastructure Protection Programs
The conference agreement provides $11,352,000 for Critical Infrastructure Protection Programs as proposed by the House instead
of $13,852,000 as proposed by the Senate. No funding is included
for the Regional Communications Coordinators program.
National Security/Emergency Preparedness Telecommunications—
National Command and Coordination Capability
As discussed in the House report, the conferees provide no
funding for the National Command and Coordination Capability
(NCCC) since the budget proposed discontinuation of this program.
In addition, the conference agreement includes a general provision
rescinding $8,000,000 in unobligated balances from NPPD. This rescission should include unobligated prior-year appropriations made
for NCCC. The conferees direct the NPPD Chief Financial Officer
to report on the distribution of this rescission by program, project,
and activity to the Committees within 15 days after the date of enactment of this Act.
FEDERAL PROTECTIVE SERVICE

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Management Restructuring
The conference agreement supports the realignment of Federal
Protective Service (FPS) operations from ICE to NPPD as proposed
by the Senate instead of retaining FPS in ICE as proposed by the
House. The conferees expect the Secretary and the Deputy Secretary to take responsibility for overseeing an effective transition.
DHS managers overseeing this transition are instructed to brief
the Committees on progress transferring FPS to NPPD at least

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semi-annually, starting no later than January 15, 2010, as discussed in the Senate report. The content of this briefing should include at a minimum as much detail as the transition plan discussed in the House report, which was submitted to the Committees on August 21, 2009.
FPS Resources
Given that the Committees have, for the past two years, expressed concern about the adequacy of the FPS police force to protect Federal workers and buildings nation-wide, the conferees are
troubled that information explaining the transition of FPS to
NPPD estimates an increase in overhead charges that FPS will pay
to NPPD but does not identify the source from which these funds
will be found. Since FPS is funded through the collection of security fees from other agencies, the conference agreement continues
a provision included in the last two Department of Homeland Security Appropriations Acts that requires the Administration to certify
that FPS will collect adequate fees to employ not less than 1,200
FPS employees including at least 900 in-service field staff. The conferees direct that any additional costs for administrative overhead
charged to FPS not reduce the staffing levels at the agency below
the number of employees as of September 30, 2009. The conferees
expect that the total amount required for administrative costs will
be identified in the 2011 budget.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY
The conference agreement provides $373,762,000 for United
States Visitor and Immigrant Status Indicator Technology (USVISIT) instead of $351,800,000 as proposed by the House and
$378,194,000 as proposed by the Senate. Of this amount,
$75,000,000 may not be obligated until the Committees receive, not
later than 90 days after the date of enactment of this Act, an expenditure plan that meets the statutory conditions specified under
the US-VISIT heading in Public Law 110–329.
Within the total amount provided is $118,692,000 for Program
Management Services; $31,000,000 for Identity Management and
Screening Services; $28,700,000 for Unique Identity; and
$22,000,000 for development and implementation of a biometric air
exit solution. It also includes, as requested in the budget,
$128,126,000 for Operations and Maintenance, and $45,244,000 for
data center migration.
The conference report provides that $28,000,000 in prior year
balances shall remain available until expended solely for implementation of a biometric air exit capability.

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Biometric Exit
The conferees support the implementation of a biometric exit
solution as soon as possible. The conferees have provided a total of
$50,000,000 for implementation of a biometric air exit capability,
and expect to see regular and material progress made towards a solution for exit at all ports of entry. The conferees expect DHS,
through US-VISIT and its other component agencies, to leverage

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current infrastructure improvement initiatives such as WHTI and
Southwest border outbound inspection to facilitate biometric exit
solutions. The conferees direct DHS to submit its land exit planning document to the Committees as soon as it is completed and
to continue to provide quarterly briefings on biometric exit implementation to the Committees, beginning November 1, 2009. The
briefings should cover the status of air exit implementation, prospects for other exit solutions, and the status of discussions with
Canada and Mexico on sharing immigration information to improve
the ability to track departures. The monthly reports on implementation of biometric entrance and exit are no longer required.
Staffing and Contractor Support
The conferees direct US-VISIT to provide quarterly briefings to
the Committees on its hiring and position conversion efforts, as
called for in the House report. These briefings should be provided
at the same time as the biometric exit briefings.

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OFFICE

OF

HEALTH AFFAIRS

The conference agreement provides $139,250,000 for the Office
of Health Affairs (OHA) instead of $128,400,000 as proposed by the
House and $135,000,000 as proposed by the Senate. Within the
amount provided is $5,000,000 as proposed by the House, for the
North Carolina Collaboratory for Bio-Preparedness for a demonstration project for the development of a statewide system to
analyze public health trends and detect incidents.
Also included is $89,513,000 for BioWatch as proposed by the
Senate instead of $79,413,000 as proposed by the House. The funding shall be used to maintain the remaining first and second generation baseline biosurveillance capability and to complete the Generation 3 prototype unit field testing, perform data analysis, and
verify the performance of the technology. The conferees remain
committed to supporting DHS in its task of establishing a viable
detection system but remain concerned that the plans for this security imperative are adrift. Therefore, OHA is directed to provide an
expenditure plan with specific milestones for implementation, broken out by technology generation, to the Committees within 60
days of the date of enactment of this Act. The conferees further direct OHA to report quarterly on the deployment of any BioWatch
device to new locations.
The conferees are especially troubled by the continual delays
in OHA’s testing and evaluation of biosurveillance technology. The
conferees are aware that OHA issued a request for proposal permitting a wide range of applicants to submit technologies for Generation 3. OHA is in the process of testing technologies to determine
which ones best meet the nation’s biodetection needs. The conferees
expect the Science and Technology Directorate to be intricately involved in the test and evaluation of the BioWatch Generation 3 systems. Additionally, the conferees note that the National Assessment Group will provide an independent review of the test and
evaluation process. Due to deficiencies that have arisen with the
previous BioWatch generation technologies, there is an urgent need
to complete research and development of Generation 3 systems

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over the next year, providing for operational deployment starting
in fiscal year 2011.
A total of $3,726,000 has been provided for Planning and Coordination instead of $2,976,000 as proposed by the House and
$4,476,000 as proposed by the Senate. The funding above the budget request is provided for OHA’s Office of Medical Readiness in
support of its role in planning for pandemic flu and activities related to the Food, Agricultural and Veterinary Defense Division.
The conferees note the important role of DHS in Project BioShield under Section 319F–2 of the Public Health Service Act shall
not be modified, as outlined in the Senate report.
The conferees are concerned that systems purchased by State
and local governments to detect chemical and biological substances
that are not validated will be unable to accurately detect harmful
pathogens. OHA is directed to work with the Federal Emergency
Management Agency to ensure that grant requests are only approved for such systems that are proven to be adequate to detect
harmful pathogens and provide accurate information for the health
and safety of first responders and citizens.
FEDERAL EMERGENCY MANAGEMENT AGENCY
MANAGEMENT

AND

ADMINISTRATION

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

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Mount Weather Emergency Operations Center Capital
Improvements
The conference agreement provides $36,300,000, to remain
available until September 30, 2011, for capital improvements at the
Mount Weather Emergency Operations Center (MWEOC), as proposed by the House instead of $49,913,000 as proposed by the Sen-

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ate. The explanatory statement accompanying the Department of
Homeland Security Appropriations Act, 2009, required FEMA to
submit a MWEOC capital improvement plan to allow the Committees to better determine the needed investments for this strategic
facility. However, nearly a year later, the Committees still have not
received the plan. The conferees understand that there are sizable
unobligated balances for capital improvements from prior year appropriations that will ensure critical work can take place. The conferees, however, are concerned with the lack of visibility into the
planning, finances, and future costs associated with the improvements at this important facility. Therefore, the conferees direct
FEMA to provide a report, not later than 180 days after the date
of enactment of this Act, with detailed information on all MWEOC
capital improvement funding. The report shall include a historical
accounting of funding for MWEOC beginning with fiscal year 1997,
including funding made available and obligations made in each fiscal year. Further, included in the report shall be a review by the
DHS Office of General Counsel of all authorities used to execute
that funding, including the authority to administer the MWEOC
Working Capital Fund. The report should clearly list any amounts
transferred to the fund from DHS entities as well as other federal
sources in each fiscal year. The conferees further direct the Administration to provide the capital improvement plan required in fiscal
year 2009 without delay.
Budget Submissions
The conference agreement continues a provision directing
FEMA to submit its fiscal year 2011 budget request by office as directed by the House and Senate. FEMA is directed to notify the
Committees within 15 days if any office receives or transfers out
more than 5 percent of the total amount allocated to each office.
National Incident Management System
The conference agreement includes an additional $8,000,000
above the budget request instead of $9,000,000 as proposed by the
House to support and enhance ongoing incident management efforts as specified in the House report. The Senate did not provide
additional funding for these activities. The conferees direct FEMA
to ensure that all communities are educated and trained on the National Incident Management System.

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

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

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

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ciently and where programs can be improved; and the most appropriate way to collectively assess our capabilities and our capability
gaps. Representation on the task force shall include: decision makers and practitioners from all disciplines including, but not limited
to, firefighters, law enforcement, emergency management, health
care, public works, development organizations, mitigation, and information technology; elected officials; and the private sector. NPD
is directed to brief the Committees within 45 days after the date
of enactment of this Act on its approach to establishing this task
force and milestones for accomplishment.
FEMA Guidelines and Policies
The conferees remain concerned that, in the past, grant guidance and policies have been used to alter major programs that impact State and local partners with little or no visibility to the incorporation of stakeholder input, if even solicited. As an interim step,
while the Local, State, Tribal, and Federal Task Force is conducting its reviews, the conferees direct the Administrator of
FEMA to report to the Committees no later than 60 days after the
date of enactment of this Act on how the agency currently reviews
policies and guidance and the process used to modify policies and
guidance. The report should also include information on how the
agency intends to amend its process for modifying grant guidance
and policies to better obtain and incorporate public and stakeholder
input. The report should include a detailed description of the impact of other participants in the policy process, such as DHS leadership, the Office of Management and Budget, and other White
House offices. This report should build on the Stakeholder Engagement Plan provided in response to the requirement in the statement accompanying the Consolidated Security, Disaster Assistance,
and Continuing Appropriations Act of 2009 (P.L. 110–329), which
provided an explanation of the adjudication process on public comments for grant programs. Furthermore, the conferees direct FEMA
to present policy changes and new policies to the National Advisory
Council (NAC) on a quarterly basis. The conferees do not require
FEMA to post policy changes online five days prior to implementation, as described in the House report. Instead, all current FEMA
policies and guidance should be clearly placed on the website in an
accessible and user-friendly way with updates posted in a timely
manner.
Nationwide Plan Review Update
The conferees direct FEMA to provide an update on the status
of catastrophic planning, including mass evacuation planning, in
all 50 States and the 75 largest urban areas, by April 16, 2010, as
discussed in the Senate report.

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Nuclear Preparedness
The conferees note that a Nuclear Incident Communication
Planning report and Planning Guidance for Response to a Nuclear
Detonation have been issued, in accordance with direction provided
in House Report 110–107. The report and guidance provide critical
information that should be made available to the public on how to

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respond to a nuclear event. FEMA shall brief the Committees not
later than 30 days after the date of enactment of this Act on how
the information in the report and guidance will be incorporated
into preparedness and public information activities.
Nationwide Cyber Security Review
The conferees, as described previously, require NPPD to lead
the effort to develop, in conjunction with FEMA, tools to assess
cyber network security.
Post Disaster Housing
FEMA is directed to report to the Committees, not later than
60 days after the date of enactment of this Act, regarding the plan
for acquisition of alternative temporary housing units and procedures for expanding repair of existing multi-family rental housing
units, semi-permanent, or permanent housing options, as authorized under section 689i(a) of the Post-Katrina Emergency Management Reform Act of 2006.
U.S. Fire Service Needs Assessment
FEMA, in conjunction with the National Fire Protection Association, is directed to provide to the Committees, no later than
April 9, 2010, an update to the U.S. Fire Service Needs Assessment. The update shall be consistent with the last assessment completed in February 2006 in its scope and methodology.
Office of National Capital Region Coordination
The conference agreement provides $6,995,000 for the Office of
National Capital Region Coordination as proposed by both the
House and the Senate. The conference report includes a provision
requiring the inclusion of the Governors of the State of West Virginia and the Commonwealth of Pennsylvania in the National Capital Region decision-making and planning process for mass evacuation. The Department is directed to include officials from the
counties and municipalities that contain the evacuation routes and
their tributaries into the planning process.
Special Populations
The conferees direct FEMA to consider utilizing the National
Virtual Translation Center (NVTC) to enhance its translation services. FEMA is to report to the Committees, as specified in the
House report, on possible uses of NVTC.
STATE

AND

LOCAL PROGRAMS

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(Including Transfer of Funds)
The conference agreement provides $3,015,200,000 for State
and Local Programs, instead of $2,836,000,000 as proposed by the
House and $3,067,200,000 as proposed by the Senate. Funding is
allocated as follows:
State Homeland Security Grant Program ...........................................
Urban Area Security Initiative .............................................................

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$950,000,000
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Regional Catastrophic Preparedness Grants .......................................
Metropolitan Medical Response System ..............................................
Citizen Corps Program ..........................................................................
Public Transportation Security Assistance and Railroad Security
Assistance ...........................................................................................
Port Security Grants .............................................................................
Over-the-Road Bus Security Assistance ..............................................
Buffer Zone Protection Program Grants ..............................................
Driver’s License Security Grant Program ...........................................
Interoperable Emergency Communications Grant Program ..............
Emergency Operations Centers ............................................................
National Programs:
National Domestic Preparedness Consortium ..............................
Center for Counterterrorism and Cybercrime ..............................
National Exercise Program ............................................................
Technical Assistance ......................................................................
Continuing Training Grants ..........................................................
Evaluations and Assessments .......................................................
Rural Domestic Preparedness Consortium ...................................

35,000,000
41,000,000
13,000,000
300,000,000
300,000,000
12,000,000
50,000,000
50,000,000
50,000,000
60,000,000
164,500,000
1,700,000
40,000,000
13,000,000
29,000,000
16,000,000
3,000,000

Subtotal, National Programs .....................................................

267,200,000

Total, State and Local Programs ...........................................

$3,015,200,000

The conference agreement includes the following provisions: directing the transfer of four percent of State and Local Programs
funding to the FEMA Management and Administration account,
and requiring the submission of an expenditure plan within 60
days of the date of enactment of this Act on the use of those administrative funds; designating certain timeframes for grant processing; requiring grantees to provide reports as determined necessary by the Secretary; and providing that the installation of communications towers is not considered construction of a building or
other physical facility under the State Homeland Security Grant
Program (SHSGP) and the Urban Area Security Initiative (UASI).
The conferees include a general provision requiring FEMA to
brief the Committees five days prior to any announcement of State
and Local Programs grants awards. Such briefings shall include detailed information on the risk analysis employed, the process for
determining effectiveness, the process or formula used for selecting
grantees, and any changes to methodologies used in the previous
fiscal year. In lieu of the Senate reporting requirement on grant
guidance, the conferees require that information on funding that
will be used for planning and recovery, especially for transit security and port security, be included in these briefings.
The conferees support the consideration of the needs for mass
evacuation planning and pre-positioning of equipment for areas potentially impacted by mass evacuations in allocating first responder
funds.
The conferees encourage the Department to work with State
and local governments and all grantees to develop pre-event recovery plans in conjunction with their response and mitigation plans.
FEMA is further encouraged to require State and local governments to include tribal governments, rural water associations, and
chief information officers in planning efforts.
smartinez on DSKB9S0YB1PROD with REPORTS

State Homeland Security Grant Program
The conference agreement provides $950,000,000 for the State
Homeland Security Grant Program, as proposed by both the House

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and the Senate. Of the total amount $60,000,000 is for Operation
Stonegarden as proposed by both the House and the Senate. The
Department shall implement the program as discussed in the
House report. Further, the Department is encouraged to give consideration to applications that are coordinated across multiple jurisdictions.
The conferees encourage the Department to clarify that the
Western Hemisphere Travel Initiative (WHTI) implementation activities, including issuance of WHTI-compliant tribal identification
cards, are eligible under this grant program.
Urban Area Security Initiative
The conference agreement provides $887,000,000 for UASI
grants, as proposed by the Senate instead of $890,000,000 as proposed by the House. Within this funding, $19,000,000 is provided
for grants to non-profit organizations determined by the Secretary
to be at high risk of terrorist attack.
Compliance With the 9/11 Act
The conferees expect FEMA to comply with provisions of the
9/11 Act, including policies regarding paying salaries for intelligence analysts, as well as for distribution of UASI grants on the
basis of risk.
Law Enforcement Terrorism Prevention Program
In accordance with section 2006 of the Homeland Security Act
of 2002, the Law Enforcement Terrorism Prevention Program
(LETPP) is funded thorough a required set-aside of 25 percent of
the SHSGP and UASI programs. The conferees direct FEMA to
provide clear guidance to States and urban areas to ensure the intent of the LETPP is fully realized and the program is fully maximized.
Regional Catastrophic Preparedness Grant Program
The conference agreement includes $35,000,000 for the Regional Catastrophic Preparedness Grant Program as proposed by
the Senate. The House did not propose funding for this program.
As plans are completed, FEMA is directed to move forward with
the program as outlined in the Senate report.

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

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Citizen Corps Program
The conference agreement provides $13,000,000 for the Citizens Corps Program, instead of $15,000,000 as proposed by both
the House and the Senate.
Public Transportation Security Assistance and Railroad Security
Assistance
The conference agreement provides $300,000,000 for Public
Transportation Security Assistance and Railroad Security Assistance instead of $250,000,000 as proposed by the House and
$356,000,000 as proposed by the Senate, which also included Overthe-Road Bus Security Assistance. The conferees continue the requirement that grants be made directly to transit agencies. The
conferees note that States serve an integral role in coordinating regional interests in regard to transit security and therefore direct
FEMA to allow transit agencies to permit States to act as subgrantees to better facilitate regional planning and programs.
Based on the latest estimates from FEMA, about 90 percent of
funds appropriated in fiscal year 2006 for rail and transit have not
been expended. The conferees expect FEMA and TSA to report, by
December 15, 2009, on their progress in working with transit agencies to expend grant funds for fiscal years 2006, 2007, and 2008.
Port Security Grants
The conference agreement provides $300,000,000 for Port Security grants, instead of $250,000,000 as proposed by the House and
$350,000,000 as proposed by the Senate. The conferees agree to
waive the cost share requirement, as proposed by the House, in
this fiscal year only due to the current economic conditions. The
conferees recognize the Secretary of Homeland Security has the authority to waive the cost share requirement for this program in
cases of economic hardship. After this fiscal year, the cost share requirement is not expected to be waived, except at the discretion of
the Secretary.
Over-the-Road Bus Security Assistance
The conference agreement provides $12,000,000 for Over-theRoad Bus Security Assistance as proposed by the House. The Senate provided no less than $6,000,000 for these activities within
Public Transportation Security Assistance and Railroad Security
Assistance grants.

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

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Driver’s License Security Grant Program
The conference agreement provides $50,000,000 for the Driver’s License Security Grant Program as proposed by the Senate.
The House proposed the same amount for similar activities under
‘‘REAL ID Grants’’.
Interoperable Emergency Communications Grants
The conference agreement provides $50,000,000 for Interoperable Emergency Communications Grants as proposed by both the
House and Senate. The conferees expect that grantees must certify
to FEMA that the necessary investments are being made for an effective interoperable communications planning process to ensure
plans are kept up-to-date and federal funds are not wasted. Once
it is determined that the planning process is properly resourced
and implemented, grantees should be given the flexibility to purchase interoperable communications equipment. The conferees expect that before grant dollars are obligated by grantees for equipment, jurisdictions must certify to FEMA that the funds are being
spent in accordance with their plans.
Emergency Operations Centers
The conference agreement provides $60,000,000 for Emergency
Operations Centers instead of $40,000,000 as proposed by the
House and $20,000,000 as proposed by the Senate. The funding
shall be allocated for projects as specified in the conference report,
and the remaining funding shall be competitively awarded.
Trucking Industry Security Grants
The conference agreement includes a rescission of $5,572,000
from unobligated balances in fiscal year 2009. The conferees note
that funds appropriated in fiscal year 2008 are supporting a threeyear education and training program.

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National Domestic Preparedness Consortium
The conference agreement provides $164,500,000 for the National Domestic Preparedness Consortium as proposed by the Senate instead of $132,000,000 as proposed by the House. Of the total
amount $62,500,000 is for the Center for Domestic Preparedness as
proposed by the Senate instead of $40,000,000 as proposed by the
House. Included in this amount is funding to continue activities at
the Noble Training Center. Additionally, of the total amount provided, $23,000,000 is for the National Energetic Materials Research
and Testing Center, New Mexico Institute of Mining and Technology; $23,000,000 is for the National Center for Biomedical Research and Training, Louisiana State University; $23,000,000 is for
the National Emergency Response and Rescue Training Center,
Texas A&M University; $23,000,000 is for the National Exercise,
Test, and Training Center, Nevada Test Site; $5,000,000 is for the
National Disaster Preparedness Training Center, University of Hawaii, Honolulu, Hawaii; $5,000,000 is for surface transportation
emergency preparedness and response training to be awarded
under full and open competition.

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The conferees clarify that the National Disaster Preparedness
Training Center provides natural disaster preparedness training,
including outreach and response training for the public, all hazards
training for first responders with a particular focus on challenges
facing island and rural communities, and a certificate and undergraduate degree program for homeland security and disaster management.
Counterterrorism and Cyber Crime Center
The conference agreement provides $1,700,000 for the Counterterrorism and Cyber Crime Center, as proposed by the Senate. The
House did not provide funding for this program.
Technical Assistance
The conference agreement provides $13,000,000 for technical
assistance as proposed by both the House and the Senate. The conferees encourage FEMA to continue to provide training to first responders through the Domestic Preparedness Equipment Technical
Assistance Program.
Continuing Training Grants
The conference agreement provides $29,000,000 for continuing
training grants instead of $31,000,000 as proposed by the House
and $27,000,000 as proposed by the Senate. The amount provided
includes full funding for the homeland security graduate and executive level education programs currently supported by the Department. The Department is encouraged to leverage these important
programs where appropriate to meet a growing need and also notes
the importance of the Mobile Education Teams providing homeland
security seminars for State and local elected officials and senior
staff.

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

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information. GAO shall also review this effort and report its findings to the Committees on a quarterly basis.
Rural Domestic Preparedness Consortium
The conference agreement includes $3,000,000 for the Rural
Domestic Preparedness Consortium as proposed by the House. The
Senate did not propose funding for this program. Funds will be
used to provide and deliver training to rural first responders consistent with the National Preparedness Goal.
FIREFIGHTER ASSISTANCE GRANTS
The conference agreement provides $810,000,000 for Firefighter Assistance Grants including $390,000,000 for firefighter assistance grants and $420,000,000 for firefighter staffing grants as
proposed by both the House and Senate. FEMA is directed to continue the present practice of funding applications according to local
priorities and those established by the United States Fire Administration, to maintain an all-hazards focus, and to grant funds for eligible activities in accordance with the authorizing statute. FEMA
is required to continue the current grant application and review
process as specified in the House report.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
The conference agreement provides $340,000,000 for Emergency Management Performance Grants instead of $330,000,000
proposed by the House and $350,000,000 as proposed by the Senate.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The bill provides for the receipt and expenditure of fees collected, as authorized by Public Law 105–276.
UNITED STATES FIRE ADMINISTRATION
The conference agreement provides $45,588,000 for the United
States Fire Administration (USFA) as proposed by both the House
and the Senate. The conferees direct USFA to work with the U.S.
Departments of Agriculture and Interior to ensure compatible data
on wildfires is available. USFA is also directed to provide a briefing
within 30 days of the date of enactment of this Act on the status
of implementing the upgrade to the National Fire Information Reporting System, including future milestones for measuring
progress.
DISASTER RELIEF

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(Including Transfers of Funds)
The conference agreement provides $1,600,000,000, for the Disaster Relief fund (DRF) instead of $2,000,000,000 as proposed by
the House and $1,456,866,000 as proposed by the Senate. The conference agreement includes a transfer of $16,000,000 to the Office
of the Inspector General and $105,600,000 to FEMA Management
and Administration. The conference agreement continues the re-

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quirement to provide the Committees with an expenditure plan detailing the uses of these funds prior to transfer.
In an effort to improve the accuracy of budget forecasts, the
President’s budget includes an allowance for the estimated costs of
natural or manmade disasters. The conferees commend the Administration for this effort but are disappointed that the President has
not followed through by requesting appropriate funding for the
known costs of existing disasters. According to DHS and FEMA,
the DRF is expected to be exhausted in March of 2010. According
to the most current FEMA estimates that were only recently provided to the Committees, it is anticipated that another $3.8 billion
will be required to cover disaster costs through September 30,
2010, for past disasters such as Hurricanes Katrina, Gustav, Ike,
the Midwest floods, and for the anticipated costs of an average disaster season. Without a proposal from the Administration to address this impending shortfall, the conferees believe it is premature
to appropriate additional funds at this time. As noted in the House
report, the conferees expect the DRF to be properly monitored and
for the submittal of timely budget requests that are adequate to
sustain disaster response and recovery costs. Accordingly, the conferees encourage the President to request funding for any DRF
shortfall as soon as possible.
The conference report continues the requirement for a monthly
report detailing allocations, obligations, and undistributed amounts
related to all disasters, including Hurricanes Katrina, Rita, and
Wilma. The report shall maintain the same level of data as currently presented to the Committees. Additionally, this report
should, when applicable, list funds transferred to USAID for international disasters, including the location of the disaster.
FEMA is directed to maintain the Florida long-term recovery
office as long as there is sufficient work to be done following the
2004 and 2005 hurricanes that struck the State. FEMA is directed
to notify the Committees 60 days prior to closing the office.
Evaluating FEMA’s Readiness
The House report directs GAO to conduct exercises to evaluate
how well FEMA provides disaster assistance to survivors. The conference agreement modifies the House directive to require GAO to
brief the Committees no later than 45 days after the date of enactment of this Act with a scope of work describing how GAO would
carry out unannounced evaluations of FEMA’s disaster assistance
without adversely impacting those affected by a disaster.

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Remaining Challenges in Post Disaster Housing
In fiscal year 2009, the Committees required the Office of the
Federal Coordinator for Gulf Coast Rebuilding to report on recommendations for ensuring sufficient stock of affordable rental
housing to meet the needs of all those displaced. The conferees believe the Office’s recommendations should be studied and incorporated by federal, State, and local governments to deal with future disasters.
The conferees are pleased to note that FEMA and the Department of Housing and Urban Development (HUD) have recognized

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that there must be some interplay between the agencies after a disaster. The two agencies are working in tandem to operate the Disaster Housing Assistance Program (DHAP) in Louisiana, Mississippi, and Texas following Hurricanes Katrina, Rita, and Ike.
The conferees expect FEMA to use DHAP as a model as it develops
its agreements with HUD. The conferees expect that FEMA will
continue to support disaster costs under an agreement between
HUD and FEMA, as it does for DHAP in the Gulf Coast.
The conferees direct FEMA to formalize an agreement with
HUD outlining the roles and responsibilities of both agencies following a disaster and clearly delineating when and how HUD
should take the lead role in the federal housing response. Upon
completion of the agreement, FEMA is directed to report to the appropriate Congressional committees on the resources and any legislative authority needed to implement the agreement.
The conferees remain concerned by continued reports that
FEMA trailers purchased to house disaster victims have high levels
of formaldehyde emissions, possibly leading to adverse health effects. The conferees understand FEMA is pursuing alternative
housing solutions and demonstration projects and encourage FEMA
to consider multiple technologies and building solutions during this
phase.
Children and Disasters
FEMA is directed to expedite its discussions with Ottawa
School in Illinois and to come to resolution on its elementary school
project. FEMA and the affected community should address the continued flooding of this school and area. FEMA and the community
should consider taking the mitigation action of moving the school
from the floodplain. FEMA shall act with due haste and report to
the Committees when the final project is approved.
Further, the conferees direct FEMA to establish planning guidance to ensure child safety and protection in the event of a disaster.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
The conference agreement provides $295,000 for the cost of
loans as proposed by both the House and the Senate. Administrative costs are provided for in the FEMA ‘‘Management and Administration’’ account.

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FLOOD MAP MODERNIZATION FUND
The conference agreement provides $220,000,000 for the Flood
Map Modernization program as proposed by both the House and
Senate. In fiscal year 2010, FEMA will continue to focus these
funds on reviewing, updating, and maintaining maps to accurately
reflect flood hazards. The goal shall be to review and, where necessary, to update and maintain data, methodologies, models, and
maps that have been modernized, and to issue map updates no
later than five years past the modernized dates of the maps. To
support this goal, FEMA is directed to provide no less than 20 percent of the funds provided under this heading for map updates and
maintenance conducted by Cooperating Technical Partners that

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provide a 25 percent cash match and have a strong record of working effectively with FEMA on flood plain mapping activities. With
the fiscal year 2011 budget request, FEMA shall submit to the
Committees a status report on the progress made towards the fiveyear Risk Mapping, Assessment, and Planning strategy.
When allocating map modernization funds, FEMA is encouraged to prioritize as criteria the number of stream and coastal
miles within the State, the Mississippi River Delta region, and the
participation of the State in leveraging non-federal contributions.
FEMA is directed to develop a National Digital Elevation Acquisition and Utilization plan for the purposes of supporting flood
plain map updates. FEMA shall collaborate with the United States
Geological Survey, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, and
States that have experience in acquiring and incorporating high
resolution elevation data in the flood plain map updates. FEMA
shall submit this plan to the Committees within six months after
the date of enactment of this Act.
NATIONAL FLOOD INSURANCE FUND
The conference agreement provides the agency re-estimated request of $38,680,000 for salaries and expenses as opposed to
$52,149,000 as proposed by both the House and Senate. The conference agreement further provides $107,320,000 for flood plain
mapping and management as proposed by both the House and Senate.
The conferees do not include authority allowing the FEMA Administrator to transfer funds from flood mapping and flood plain
management for salaries and expenses. Instead, FEMA is required
to provide the Committees with a reprogramming proposal, in accordance with section 503 of this Act, if a problem arises in meeting mission requirements. The conferees encourage FEMA to consider population growth when determining grant awards to the
States under the Community Assistance Program.

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

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The conference agreement includes funding for predisaster
mitigation projects in the following amounts, and the remaining
funding shall be competitively awarded:
Predisaster mitigation projects:

smartinez on DSKB9S0YB1PROD with REPORTS

Amount

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

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EMERGENCY FOOD

AND

SHELTER

The conference agreement provides $200,000,000 for the Emergency Food and Shelter program as proposed by the House instead
of $175,000,000 as proposed by the Senate. The funding will assist
those most immediately in need of food and shelter assistance.
TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND
SERVICES
UNITED STATES CITIZENSHIP

AND IMMIGRATION

SERVICES

The conference agreement provides $224,000,000 in discretionary appropriations for United States Citizenship and Immigration Services (USCIS) instead of $298,000,000 as proposed by the
House and $135,700,000 as proposed by the Senate.
User Fee Funded Programs
The current estimate for fiscal year 2010 of USCIS fee collections, which constitute a majority of the agency’s resources, is
$2,503,232,000. These fee revenues support adjudication of applications for immigration benefits and fraud prevention activities and
are derived from fees collected from persons applying for immigration benefits. The conferees understand that fee receipts have decreased significantly in fiscal year 2009 largely due to prevailing
economic conditions, and are also likely to be below projections for
fiscal year 2010. Since it is unclear how the expenditure estimates
will change to align USCIS costs with anticipated revenues, the
conferees cannot accurately modify the budget presentation of feefunded expenditures. Instead, the conferees direct USCIS to submit, within 30 days after the date of enactment of this Act, an operating plan for fiscal year 2010 accompanied by a reprogramming
notification, if necessary, that details how and at what levels
USCIS will fund its operations in fiscal year 2010 based on revised
fee collection estimates.
Within the total fees collected, the conferees direct USCIS to
provide no less than $51,755,000 to support National Customer
Service Center operations and to dedicate the entirety of premium
processing revenue to business system and information technology
transformation. USCIS is also directed to provide no less than
$29,000,000 to convert immigration records to digital format, as requested for fiscal year 2010. No more than $10,000 of the fees collected shall be used for official reception and representation expenses.

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Basic Pilot Program (E-Verify Program)
The conference agreement provides $137,000,000 for the basic
pilot program (E-Verify Program) instead of $162,000,000 as proposed by the House and $118,500,000 as proposed by the Senate.
Of this amount, $30,000,000 is available until September 30, 2011,
for continued improvement of the E-Verify system, including an
identity assurance tool, additional capacity to investigate fraudulent use of the system, and development of a ‘‘self-check’’ tool to
allow authorized workers to validate the accuracy of their records

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on file with federal government agencies. The conferees make all
appropriations for compliance investments available for fiscal year
2010 only to reflect the emphasis the conferees expect USCIS to
place on E-Verify improvements that strengthen compliance with
system operating requirements.
GAO Analysis of Basic Pilot Program/E-Verify Program
The conferees direct GAO to conduct two studies of the basic
pilot program (E-Verify Program): one of the tentative non-confirmation rates for the basic pilot program (E-Verify Program) and
the other of the effects of the basic pilot program (E-Verify Program) on small entities, as defined by 5 U.S.C. 601. The House had
proposed a general provision (section 545) requiring these studies
and GAO is directed to follow the direction in the House bill when
designing them. The Senate had proposed no similar provision.
Refugee and Asylum Application Processing
The fiscal year 2010 budget proposes $201,000,000 in direct appropriations, rather than a surcharge on application fees, to pay for
the cost of processing refugee applications and asylum claims. The
conference agreement provides $50,000,000 for these costs instead
of $100,000,000 as proposed by the House. The Senate proposed no
funding. This level reflects an estimated three months of appropriations funded asylum and refugee application processing costs. Since
the Administration has not published a Federal Register notice explaining how or when the existing $40 immigration application surcharge for funding refugee and asylum applications will be discontinued, the conference report includes statutory language withholding appropriated funds from obligation until regulatory revisions are implemented.
Military Naturalizations
The conference agreement provides $5,000,000 for the processing of military naturalization applications as proposed by the
Senate. The House proposed no funding. The conferees strongly encourage the Office of Management and Budget to include appropriated funding for this activity within the fiscal year 2011 budget
request for the Department of Defense in accordance with the National Defense Authorization Act of Fiscal Year 2004 (Public Law
108–136).

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REAL ID
The budget requests $25,000,000 to complete development of a
data sharing hub to support implementation of the REAL ID Act.
The conferees, however, note that the $50,000,000 appropriated for
this purpose for fiscal year 2009 has yet to be awarded to the State
consortium leading the project. DHS has proposed significant revisions to the underlying REAL ID authorization, raising the potential for planning delays in the eventual technological solution that
is determined necessary to connect States’ vital records systems. As
a result, the conference agreement includes $10,000,000 for REAL
ID data sharing hub development, to be used only for system engi-

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neering and acquisition costs and not for ‘‘incentive’’ or other subsidy payments to project participants, instead of $25,000,000 as
proposed by the House. The Senate proposed no funding for the
REAL ID hub. As noted in the Senate report, the conferees expect
DHS to submit its plan for hub development to the Committees in
fiscal year 2010.
Immigration Integration
The conference agreement includes $11,000,000 for competitively-awarded grants to organizations promoting the rights and responsibilities of citizenship as proposed by the House instead of
$1,200,000 as proposed by the Senate. The conference report includes a statutory restriction limiting the award of these funds to
programs that serve legal permanent residents of the United
States.
Changes to Fees Charged to Temporary Protected Status
Applicants
As discussed in the House report, the conference report includes a general provision clarifying that USCIS is allowed to
charge fees for services related to Temporary Protected Status applications.
Naturalization Ceremonies
As directed in the House report, USCIS is directed to identify,
in the fiscal year 2011 budget submission, funds allocated to naturalization and oath of allegiance ceremonies and to work with local
public and private groups to schedule naturalization and oath of allegiance ceremonies as part of Independence Day celebrations.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES

AND

EXPENSES

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

AND

RELATED

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

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SCIENCE

AND

MANAGEMENT

TECHNOLOGY

AND

ADMINISTRATION

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

AND

OPERATIONS

The conference agreement provides $863,271,000 for Research,
Development, Acquisition, and Operations instead of $825,356,000
as proposed by the House and $851,729,000 as proposed by the
Senate. Funds are available for three years, except Laboratory Facilities funding, which is available for five years. The following
table specifies funding by budget activity:
Border and Maritime Security ..............................................................
Chemical and Biological ........................................................................
Command, Control, and Interoperability .............................................
Explosives ...............................................................................................
Human Factors ......................................................................................
Infrastructure and Geophysical ............................................................
Innovation ..............................................................................................
Laboratory Facilities .............................................................................
Test and Evaluations/Standards ..........................................................
Transition ...............................................................................................
University Programs .............................................................................

$44,181,000
206,800,000
81,764,000
120,809,000
16,087,000
74,958,000
44,000,000
150,188,000
29,000,000
46,134,000
49,350,000

Total .........................................................................................

$863,271,000

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Border and Maritime Security
The conference agreement provides $44,181,000 for Border and
Maritime Security instead of $40,181,000 as proposed by the House

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and Senate. Included in this funding is $3,000,000 for urban tunnel
detection basic research, as requested. In addition, the conferees
fully fund the current maritime technology test beds and provide
$4,000,000 for a pilot to develop a replicable port security system
that would improve maritime domain awareness.
The conferees are disappointed in the slow progress DHS has
made in developing a viable container security device, as discussed
in the House report. S&T shall continue its quarterly updates to
the Committees on its efforts in this area.
Chemical and Biological
The conference agreement provides $206,800,000 for Chemical
and Biological as proposed by the Senate instead of $221,900,000
as proposed by the House. While the conferees fund the BioWatch
program under the Office of Health Affairs as proposed by the Senate, S&T is expected to be intricately involved in the test and evaluation of the BioWatch Generation 3 systems.
While the conferees support the transfer of BioShield to the
U.S. Department of Health and Human Services, DHS shall continue to perform the threat assessments of hazardous materials.
As discussed in the House report, S&T is directed to brief the
Committees before January 15, 2010, on the development and implementation of a Department-wide biosurety policy.
Command, Control, and Interoperability
The conference agreement provides $81,764,000 for Command,
Control, and Interoperability instead of $80,764,000 as proposed by
the House and $83,264,000 as proposed by the Senate. Within this
total, $3,000,000 is to continue the web distributed environment for
critical infrastructure decision making exercises and $500,000 is for
a demonstration project to develop situational awareness and decision support capabilities through remote sensing technologies.
Explosives
The conference agreement provides $120,809,000 for Explosives
research and technologies as proposed by the House and Senate.
Included in this amount is $10,000,000 to develop air cargo screening technologies, as requested. In light of the large increase in
funding under this program, S&T is encouraged to accelerate its efforts to achieve results in the near term and to brief the Committees by January 15, 2010, on the status of new explosives research
and technologies, the progress it has made in identifying research
and development gaps aimed at countering improvised explosive
device threats, and how these funds will close such gaps.

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

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Infrastructure and Geophysical
The conference agreement provides $74,958,000 for Infrastructure and Geophysical instead of $52,093,000 as proposed by the
House and $67,607,000 as proposed by the Senate. Within the
funding provided, not less than $20,865,000 is to continue the
Southeast Region Research Initiative at the Oak Ridge National
Laboratory; not less than $10,000,000 is for the National Institute
for Hometown Security to support existing support in communitybased critical infrastructure protection; and not less than
$2,000,000 is for the Cincinnati Urban Area partnership established through the Regional Technology Integration Initiative.
Innovation
The conference agreement provides $44,000,000 for Innovation
as proposed by the House and Senate, including adequate funding
for a variety of new technologies pertaining to tunnels, levee
strengthening, storm surge mitigation, and resilient electric grid as
requested and discussed in the Senate report.
New Technologies
New technologies may significantly help the Department as it
seeks to secure our homeland. The Department is encouraged to
develop a variety of technologies as discussed in both the House
and Senate reports.

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

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Committees on the procedures used to issue a permit for foot-andmouth disease live virus research and an emergency response plan
in the event of an accidental release of a hazardous pathogen originating from NBAF.
Test and Evaluations/Standards
The conference agreement provides $29,000,000 for Test and
Evaluations/Standards, as proposed by the House instead of
$28,674,000 as proposed by the Senate. Within the total provided
is $5,000,000 to continue a first responder technology evaluation
program.
Transition
The conference agreement provides $46,134,000 for Transition
as proposed by the House instead of $45,134,000 as proposed by
the Senate. Within the funds provided, $10,000,000 is provided for
first responder technologies as requested; $2,000,000 is for the
Naval Postgraduate School to design, develop and field test first responder technologies outside of the integrated product team process
as requested; and $1,000,000 is to continue a manufacturing pilot
program to identify and transition advanced technologies and manufacturing processes in the homeland security industrial base. S&T
shall provide an expenditure plan for the first responder technology
program within 60 days after the date of enactment of this Act.
University Programs
The conference agreement provides $49,350,000 for University
Programs instead of $50,400,000 as proposed by the House and
$48,300,000 as proposed by the Senate. Within this funding,
$39,380,000 is for the Centers of Excellence and $3,870,000 is for
minority serving institutions. S&T is directed to brief the Committees on how these funds will be allocated to the Centers of Excellence by January 15, 2010.
DOMESTIC NUCLEAR DETECTION OFFICE
MANAGEMENT

AND

ADMINISTRATION

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

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RESEARCH, DEVELOPMENT,

AND

OPERATIONS

The conference agreement provides $324,537,000 for Research,
Development, and Operations instead of $376,537,000 as proposed
by the House and $326,537,000 as proposed by the Senate. No
funding is provided under this heading for Securing the Cities, as
proposed by the House, but it is instead provided in the Systems

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Acquisition appropriation. The conferees include $108,537,000 for
Transformational Research and Development, instead of
$110,537,000 as proposed by the House and Senate, which reflects
a five percent increase over fiscal year 2009. Funding is made
available until September 30, 2012. The following table specifies
funding by budget activity:
Systems Engineering and Architecture ...............................................
Systems Development ...........................................................................
Transformational Research and Development ....................................
Assessments ...........................................................................................
Operations Support ...............................................................................
National Technical Nuclear Forensics Center .....................................

$25,448,000
100,000,000
108,537,000
32,416,000
38,436,000
19,700,000

Total .........................................................................................

$324,537,000

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

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

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SYSTEMS ACQUISITION
The conference agreement provides $20,000,000 for Systems
Acquisition instead of $10,000,000 as proposed by the Senate. The
House proposed no funding. Funding is made available until September 30, 2012, for radiological detection systems for the Securing
the Cities program, to be awarded through full and open competition.
Advanced Spectroscopic Portal Monitors and Certification
The conference report prohibits full-scale procurement of advanced spectroscopic portal (ASP) systems until the Secretary has
certified and reported to the Committees that a significant increase
in operational effectiveness merits such a decision, with a requirement for separate certification for primary and secondary deployments. The Secretary is directed to continue consulting with NAS
on this matter. Finally, DNDO is prohibited from engaging in highrisk concurrent development and production of mutually dependent
software and hardware components of detection systems.
The conferees expect DHS to ensure certification decisions are
made with the best possible test information and to follow NAS recommendations related to development and certification as outlined
in the Senate report. Further, the conferees believe the NAS recommendations should be implemented prior to decisions on certification or procurement of ASPs. If for any reason the Department
does not follow these recommendations, the Department shall provide a briefing to the Committees as to why these recommendations were not followed. As independent reviews of the ASP programs have been of value to the Department, the conferees believe
an independent cost-benefit analysis would also be beneficial.
If certification does not occur or is further delayed, the conferees direct DHS to submit a revised deployment plan, to include
additional procurement of PVT monitors, if requirements remain.
As described in the House and Senate reports, the conferees encourage DNDO to undertake deployment of low rate initial production ASP systems, as appropriate, and use data from such deployments to inform future portal monitor decisions.
TITLE V—GENERAL PROVISIONS

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(Including Rescissions of Funds)
Section 501. The conference agreement continues a provision
proposed by the House and Senate that no part of any appropriation shall remain available for obligation beyond the current year
unless expressly provided.
Section 502. The conference agreement continues a provision
proposed by the House and Senate that unexpended balances of
prior appropriations may be merged with new appropriations accounts and used for the same purpose, subject to reprogramming
guidelines.
Section 503. The conference agreement continues a provision
proposed by the Senate that provides authority to reprogram appropriations within an account and to transfer up to 5 percent between appropriations accounts with 15-day advance notification of

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124
the Committees. The House proposed a similar provision. A detailed funding table identifying programs, projects, and activities is
included at the end of this statement. This table along with funding levels specified in the report shall serve as the control level for
all reprogrammings. These reprogramming guidelines shall be complied with by all agencies funded by the Department of Homeland
Security Appropriations Act, 2010.
The Department shall submit reprogramming requests on a
timely basis and provide complete explanations of the reallocations
proposed, including detailed justifications of the increases and offsets, and any specific impact the proposed changes will have on the
budget request for the following fiscal year and future-year appropriations requirements. Each request submitted to the Committees
should include a detailed table showing the proposed revisions at
the account, program, project, and activity level to the funding and
staffing FTE levels for the current fiscal year and to the levels requested in the President’s budget for the following fiscal year.
The Department shall manage its programs and activities
within the levels appropriated. The Committees are concerned with
the number of reprogramming proposals submitted for consideration by the Department and remind the Department that reprogramming or transfer requests should be submitted only in the
case of an unforeseeable emergency or situation that could not have
been predicted when formulating the budget request for the current
fiscal year. When the Department submits a reprogramming or
transfer request to the Committees and does not receive identical
responses from the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding, and if reconciliation is not possible, to consider the reprogramming or transfer request unapproved.
The Department is not to submit a reprogramming or transfer
of funds after June 30 except in extraordinary circumstances,
which imminently threaten the safety of human life or the protection of property. If a reprogramming or transfer is needed after
June 30, the notice should contain sufficient documentation as to
why it meets this statutory exception.
Section 504. The conference agreement continues a provision
proposed by the House and Senate extending the authorization of
the Department’s Working Capital Fund (WCF) in fiscal year 2010.
No funds appropriated or otherwise available to the Department
may be used to make payment to the Department’s WCF, except
for activities and amounts allowed in the President’s fiscal year
2010 budget. Funds provided to the WCF are available until expended. The Department shall only charge components for direct
usage of the WCF. Fiscal year 2010 and any carryover funds may
be used only for the purposes consistent with the contributing component. Any funds paid in advance or reimbursed must reflect the
full cost of each service. The WCF shall be subject to the requirements of section 503 of this Act.
Section 505. The conference agreement continues a provision
proposed by the House and Senate that not to exceed 50 percent
of unobligated balances remaining at the end of fiscal year 2010
from appropriations made for salaries and expenses shall remain

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available through fiscal year 2011 subject to reprogramming guidelines.
Section 506. The conference agreement continues a provision
proposed by the House and Senate deeming that funds for intelligence activities are specifically authorized during fiscal year 2010
until the enactment of an Act authorizing intelligence activities for
fiscal year 2010.
Section 507. The conference agreement continues and modifies
a provision proposed by the House and Senate requiring notification of the Committees three business days before any grant allocation, grant award, contract award (including Federal Acquisition
Regulation-covered contracts), Other Transaction Agreement, a
task or delivery order on a DHS multiple award contract, letter of
intent, or public announcement of the intention to make such an
award totaling in excess of $1,000,000. If the Secretary determines
that compliance would pose substantial risk to health, human life,
or safety, an award may be made without prior notification but the
Committees shall be notified within five full business days after
such award or letter is issued. Additionally, FEMA is required to
brief the Committees five full business days prior to announcing
publicly the intention to make an award under State and Local
Programs.
Section 508. The conference agreement continues a provision
proposed by the House and Senate that no agency shall purchase,
construct, or lease additional facilities for Federal law enforcement
training without advance approval of the Committees.
Section 509. The conference agreement continues a provision
proposed by the House and Senate that none of the funds may be
used for any construction, repair, alteration, or acquisition project
for which a prospectus otherwise required under chapter 33 of Title
40, United States Code, has not been approved. The conferees exclude funds that may be required for development of a proposed
prospectus.
Section 510. The conference agreement continues a provision
proposed by the House that consolidates by reference prior year
statutory bill language into one provision. The Senate proposed a
similar provision. These provisions relate to reporting requirements
of the privacy officer; contracting officer’s technical representative
training; sensitive security information; federal building performance and requirements outlined in title V of the National Energy
Conservation Policy Act or subtitle A of title I of the Energy Policy
Act of 2005; use of funds in conformance with section 303 of the
Energy Policy Act of 1992; and Executive Order 13149 relating to
fleet and transportation efficiency.
Section 511. The conference agreement continues a provision
proposed by the House and Senate that none of the funds may be
used in contravention of the Buy American Act.
Section 512. The conference agreement continues a provision
proposed by the Senate prohibiting funds to be used to amend the
oath of allegiance required by section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448). The House proposed no similar
provision.
Section 513. The conference agreement continues a provision
proposed by the House and Senate regarding competitive sourcing.

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Section 514. The conference agreement continues and modifies
a provision proposed by the House and Senate directing TSA to
work with air carriers and airports to ensure the screening of cargo
carried on passenger aircraft, as required by the 9/11 Act, increases
incrementally each quarter until the requirements are met. TSA is
required to report air cargo inspection statistics detailing how incremental progress is being made to the Committees within 45
days after the end of each quarter of the fiscal year. Finally, TSA
shall submit a report on how it plans to meet the 100 percent mandate contained in the 9/11 Act.
Section 515. The conference agreement continues a provision
proposed by the House and Senate requiring the Chief Financial
Officer to submit monthly budget execution and staffing reports
within 45 days after the close of each month.
Section 516. The conference agreement continues and modifies
a provision proposed by the Senate directing that any funds appropriated or transferred to TSA ‘‘Aviation Security’’, ‘‘Administration’’, and ‘‘Transportation Security Support’’ in fiscal years 2004,
2005, 2006, 2007, and 2008 that are recovered or deobligated shall
be available only for procurement and installation of explosives detection systems, air cargo, baggage, and checkpoint screening systems, subject to notification. The House proposed a similar provision. Quarterly reports must be submitted identifying any funds
that are recovered or deobligated.
Section 517. The conference agreement continues a provision
proposed by the House and Senate requiring any funds appropriated to Coast Guard for 110–123 foot patrol boat conversions
that are recovered, collected, or otherwise received as a result of
negotiation, mediation, or litigation, shall be available until expended for the replacement patrol boat program.
Section 518. The conference agreement continues a provision
proposed by the House and Senate pertaining to the human resource management system.
Section 519. The conference agreement continues a provision
proposed by the House and Senate extending undercover investigative operations authority of the Secret Service.
Section 520. The conference agreement continues a provision
proposed by the House and Senate classifying the functions of instructor staff at FLETC as inherently governmental for purposes of
the Federal Activities Inventory Reform Act of 1998.
Section 521. The conference agreement continues a provision
proposed by the House and Senate prohibiting the obligation of
funds appropriated to the Office of the Secretary and Executive
Management, the Office of the Under Secretary for Management,
or the Office of the Chief Financial Officer for grants or contracts
awarded by any means other than full and open competition. Certain exceptions apply. This provision does not require new competitions of existing contracts during their current terms. The conferees also require the IG to review Departmental contracts awarded noncompetitively and report on the results to the Committees.
Section 522. The conference agreement continues and modifies
a provision proposed by the House that prohibits funding for any
position designated as a Principal Federal Official (PFO) during a
Stafford Act declared disaster or emergency.

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The issue of the role of a PFO during a Federal response has
a complicated history in recent years, brought to light most visibly
with confusion during the response to Hurricane Katrina. The Post
Katrina Emergency Management Reform Act of 2006 (PKEMRA)
addressed various shortcomings highlighted by the response to
Hurricane Katrina. PKEMRA defines FEMA’s responsibilities and
boosts its autonomy within DHS. In addition, the Act outlines an
incident management chain of command headed by the Administrator of FEMA, defined as the principal advisor to the President
and Secretary on all matters relating to emergency management.
However, a dispute regarding the role of the PFO continues.
While the conferees do not believe that Sec. 523 of the House
bill precludes the Secretary from deploying Department level staff
to a disaster in a manner that is consistent with current law, the
conferees recognize that the Secretary has asked for some flexibility regarding this provision. Statutory language has been modified to allow the Secretary to waive the prohibition on the use of
funds for a PFO or successor position under a Stafford Act declaration. After exercising this waiver, the Secretary must report to the
Committees on Appropriations, as well as the House Transportation and Infrastructure Committee, and the Senate Homeland
Security and Governmental Affairs Committee with the following
information: (1) an explanation of the circumstances necessitating
the waiver, including a discussion of how this action does not deviate from the role of the FEMA Administrator as the principal advisor on emergency management to the President, the Homeland Security Council, and the Secretary, as defined in P.L. 109–295 (6
U.S.C. 313); and (2) a discussion of the role in the field, or in headquarters, of staff deployed pursuant to the waiver, including measures taken to ensure compliance with subsection (c) of 6 U.S.C.
319.
Further, the conferees note that this waiver authority exists
for fiscal year 2010 only and directs the Department, in collaboration with the appropriate authorizing committees of the House and
Senate, and other federal entities, to revisit all planning and response documents, such as the National Response Framework, and
the organizational structure of operational emergency response
teams, as appropriate, to ensure that they are compliant with the
provisions of PKEMRA. The conferees direct DHS to report within
120 days of enactment of this Act on any action necessary to update all applicable documents and the organizational structure of
operational emergency response teams.
Section 523. The conference agreement continues a provision
proposed by the House and Senate regarding the enforcement of
section 4025(1) of Public Law 108–458 pertaining to butane lighters.
Section 524. The conference agreement continues a provision
proposed by the House and Senate prohibiting the Secretary of
Homeland Secretary from reducing operations within the Coast
Guard’s Civil Engineering Program except as specifically authorized by a statute enacted after the date of enactment of this Act.
Section 525. The conference agreement continues a provision
proposed by the House and Senate that precludes DHS from using
funds in this Act to carry out reorganization authority. This prohi-

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bition is not intended to prevent the Department from carrying out
routine or small reallocations of personnel or functions within components of the Department, subject to section 503 of this Act.
Section 526. The conference agreement continues a provision
proposed by the House and Senate prohibiting funding to grant an
immigration benefit to any individual unless the results of background checks required in the statute to be completed prior to the
grant of the benefit have been received by USCIS.
Section 527. The conference agreement continues a provision
proposed by the House and Senate prohibiting use of funds to destroy or put out to pasture any horse or other equine belonging to
the Federal government unless adoption has been offered first.
Section 528. The conference agreement continues a provision
proposed by the Senate regarding the use of Data Center One (National Center for Critical Information Processing and Storage). The
House proposed no similar provision.
Section 529. The conference agreement continues a provision
proposed by the Senate prohibiting funds from being used to reduce
the Coast Guard’s Operations Systems Center mission or its government-employed or contract staff. The House proposed no similar
provision.
Section 530. The conference agreement continues a provision
proposed by the House and Senate prohibiting funds to be used to
conduct or implement the results of a competition under Office of
Management and Budget Circular A–76 with respect to the Coast
Guard National Vessel Documentation Center.
Section 531. The conference agreement continues and modifies
a provision proposed by the House relating to Other Transactional
Authority for DHS through fiscal year 2010. The Senate proposed
a similar provision.
Section 532. The conference agreement continues a provision
proposed by the House and Senate that requires the Secretary to
link all contracts that provide award fees to successful acquisition
outcomes.
Section 533. The conference agreement continues a provision
proposed by the House and Senate prohibiting the obligation of
funds made available to the Office of the Secretary and Executive
Management for any new hires at DHS not verified through the
basic pilot (E-Verify) program.
Section 534. The conference agreement continues a provision
proposed by the House and Senate related to prescription drugs.
Section 535. The conference agreement continues a provision
proposed by the House and Senate prohibiting funds made available in this Act from being used to implement a rule or regulation
that implements the Notice of Proposed Rulemaking related to Petitions for Aliens to Perform Temporary Nonagricultural Services
or Labor (H–2B) set out beginning on 70 Federal Register 3984
(January 27, 2005).
Section 536. The conference agreement continues a provision
proposed by the House requiring the Secretary of Homeland Security, in consultation with the Secretary of Treasury, to notify the
Committees of any proposed transfers from the Department of
Treasury Forfeiture Fund to any agency within the Department of
Homeland Security. No funds may be obligated until the Commit-

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129
tees approve the proposed transfers. The Senate proposed a similar
provision.
Section 537. The conference agreement continues a provision
proposed by the House and Senate prohibiting funds for planning,
testing, piloting, or developing a national identification card.
Section 538. The conference agreement continues a provision
proposed by the House and Senate requiring the Assistant Secretary of Homeland Security (TSA) to certify that no security risks
will result if any airport does not participate in the basic pilot (EVerify) program.
Section 539. The conference agreement continues a provision
proposed by the House and Senate that requires a report summarizing damage assessment information used to determine whether
to declare a major disaster.
Section 540. The conference agreement continues a provision
proposed by the Senate relating to the liquidation of Plum Island
assets if the site is not chosen for the new National Bio- and Agrodefense Facility and how the proceeds from this sale may be applied. The House proposed a similar provision.
Section 541. The conference agreement includes a new provision proposed by the House amending section 4 of Public Law 110–
161 by striking projects in Massachusetts, South Carolina, and
California and adding different projects in those States. The Senate
proposed no similar provision.
Section 542. The conference agreement continues a provision
proposed by the House and Senate directing that any official required by this Act to report or certify to the Committees on Appropriations may not delegate such authority unless expressly authorized to do so in this Act.
Section 543. The conference agreement continues a provision
proposed by the House extending the authority of the Predisaster
Mitigation Fund until September 30, 2010. The Senate proposed no
similar provision.
Section 544. The conference agreement includes a provision
proposed by the Senate on unmanned aircraft systems. The House
proposed no similar provision.
Section 545. The conference agreement includes a new provision proposed by the House permitting unobligated amounts made
available to Coast Guard Sector Buffalo to be used to make improvements to land to enhance public access to the Buffalo Lighthouse and the waterfront. The Senate proposed no similar provision.
Section 546. The conference agreement includes a new provision proposed by the House and Senate permitting personnel appointed or assigned to serve abroad allowances and benefits similar
to those provided in the Foreign Service Act of 1990.
Section 547. The conference agreement includes and modifies
a new provision proposed by the House that extends the basic pilot
program (E-Verify program) by three years. Because DHS and the
Social Security Administration have already entered into a memorandum of agreement on employment verification, statutory language is no longer necessary. The two GAO reports contained in
the House provision are addressed under USCIS. The Senate proposed a similar extension.

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130
Section 548. The conference agreement includes a new provision proposed by the Senate that extends the EB–5 visa program
for three years. The House proposed no similar provision.
Section 549. The conference agreement includes a new provision proposed by the House that clarifies fees for fingerprinting, biometric services, and other necessary services may be collected as
part of section 244 of the Immigration and Nationality Act. The
Senate proposed no similar provision.
Section 550. The conference agreement includes a new provision proposed by the House and Senate that extends the risk based
security standards for chemical facilities cited in Section 550 of
P.L. 109–295 by one year.
Section 551. The conference agreement includes a new provision proposed by the Senate that renames ‘‘basic pilot program’’ as
‘‘E-Verify Program’’. The House proposed no similar provision.
Section 552. The conference agreement includes and modifies
a new provision proposed by the House on the individuals detained
at the Naval Station, Guantanamo Bay, Cuba. The Senate had no
similar provision.
Section 553. The conference agreement includes a new provision proposed by the House that requires the names of individuals
detained at the Naval Station, Guantanamo Bay, Cuba to be included on the No Fly List. The Senate proposed no similar provision.
Section 554. The conference agreement includes a new provision proposed by the House and Senate permitting the collection of
fees for conferences, seminars, exhibits, symposiums, or similar
meetings and requires an annual report on the level of collection
by the Department.
Section 555. The conference agreement includes a new provision proposed by the Senate defining rural areas for purposes of
section 210C of the Homeland Security Act of 2002. The House proposed no similar provision.
Section 556. The conference agreement includes a new provision proposed by the House prohibiting funds in this Act to be used
for first-class travel. The Senate proposed no similar provision.
Section 557. The conference agreement includes and modifies
a new provision proposed by the House prohibiting funds in this
Act to be used for adverse personnel actions for employees who use
protective equipment or measures, including surgical masks, N95
respirators, gloves, or hand-sanitizers in the conduct of their official duties. The Senate proposed no similar provision.
Section 558. The conference agreement includes a new provision proposed by the House prohibiting funds in this Act to be used
to employ workers in contravention of section 274A(h)(3) of the Immigration and Nationality Act. The Senate proposed no similar provision.
Section 559. The conference agreement includes and modifies
a new provision proposed by the Senate that prohibits the use of
funds for LORAN–C after January 4, 2010, if the Commandant certifies termination will not adversely impact maritime safety and
the Secretary certifies that LORAN–C is not needed as a backup
to the Global Positioning System (GPS). The certifications must be
submitted to the Committees on Appropriations. If such certifi-

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131
cations are made, the sale of LORAN–C properties can be used as
offsetting collections for environmental compliance and restoration
activities, including costs of securing and maintaining equipment
that may be used as a backup to GPS. The House proposed no
similar provision.
Section 560. The conference agreement includes and modifies
a new provision proposed by the Senate that prohibits the obligation of funds for construction of the National Bio- and Agro-defense
Facility (NBAF) until the Secretary of DHS undertakes a bio-safety
and bio-security mitigation risk assessment using plume and epidemiologic impact modeling to determine the requirements for the
safe operation of NBAF in Manhattan, Kansas. Once DHS completes the risk assessment, the National Academy of Sciences shall
provide an independent, expert evaluation of the DHS study within
four months to ensure that risk has been adequately identified and
mitigated in planning for NBAF. In addition, the Secretary of DHS,
in coordination with the Secretary of Agriculture, shall report to
the Committees on the procedures used to issue a permit for footand-mouth disease live virus research and an emergency response
plan in the event of an accidental release of a hazardous pathogen
originating from NBAF. The House proposed a similar provision
under S&T Research, Development, Acquisition, and Operations.
Section 561. The conference agreement includes and modifies
a new provision proposed by the Senate on maritime transportation
security information. The House proposed no similar provision.
Section 562. The conference agreement includes a new provision proposed by the Senate on the definition of switchblade knives.
The House proposed no similar provision.
Section 563. The conference agreement includes and modifies
a new provision proposed by the Senate related to the Federal Deposit Insurance Act. The House proposed no similar provision.
Section 564. The conference agreement includes and modifies
a new provision proposed by the Senate amending the OPEN FOIA
Act relating to certain items being withheld from release. The
House proposed no similar provision.
Section 565. The conference agreement includes and modifies
a new provision proposed by the Senate on the release of protected
national security documents. The House proposed no similar provision.
Section 566. The conference agreement includes a new provision proposed by the Senate permitting administrative law judges
to be available temporarily to serve on an arbitration panel created
under the American Recovery and Reinvestment Act for FEMA’s
Public Assistance program for Hurricanes Katrina and Rita. The
House proposed no similar provision.
Section 567. The conference agreement includes a new provision proposed by the Senate on the proper disposal of personal information collected through the Registered Traveler program. A report on procedures and status is required to be submitted 90 days
after the date of enactment of this Act. The House proposed no
similar provision.
Section 568. The conference agreement includes and modifies
a new provision proposed by the Senate extending the visa program
for special immigrant nonminister religious workers and the

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132
‘‘Conrad 30’’ rural area serving doctors program. The conferees
modify treatment of surviving spouses and other relatives. The conference agreement includes reporting requirements and humanitarian consideration for pending petitions and applications. The
House proposed no similar provision.
Section 569. The conference agreement includes a new provision proposed by the Senate prohibiting funds appropriated or otherwise made available by this Act to pay for award or incentive
fees for contractors with below satisfactory performance or performance that fails to meet the basic requirements of the contract. The
House proposed no similar provision.
Section 570. The conference agreement includes a new provision proposed by the Senate that prohibits funds appropriated or
otherwise made available by this Act for DHS to enter into a federal contract unless the contract meets the Federal Property and
Administrative Services Act of 1949 or Chapter 137 of title 10
U.S.C. requirements and the Federal Acquisition Regulation or the
contract is authorized by statute without regard to this section.
The House proposed no similar provision.
Section 571. The conference agreement includes a new provision allowing the Secretary to transfer data center migration funds
made available by this Act between appropriations for the same
purpose after notifying the Committees 15 days in advance.
Section 572. The conference agreement includes a new provision that specific earmarks contained in House Report 111–157 intended to be awarded to a for-profit entity shall be awarded under
full and open competition.
Section 573. The conference agreement includes a provision rescinding $5,572,000 in unobligated balances for fiscal year 2009
from FEMA ‘‘Trucking Industry Security Grants’’ as proposed by
the House instead of $5,500,000 as proposed by the Senate.
Section 574. The conference agreement includes a provision rescinding $2,358,000 in unobligated balances of prior year appropriations for ‘‘Analysis and Operations’’ instead of $2,203,000 as
proposed by the House and $5,000,000 as proposed by the Senate.
Section 575. The conference agreement includes a provision rescinding $8,000,000 in unobligated balances of prior year appropriations for NPPD ‘‘Infrastructure Protection and Information Security’’ as proposed by the Senate instead of $5,963,000 as proposed
by the House.
Section 576. The conference agreement includes a provision rescinding $6,944,148 from unobligated balances of prior year appropriations for S&T ‘‘Research, Development, Acquisition, and Operations’’ instead of $7,500,000 as proposed by the Senate. The House
proposed no similar provision. S&T shall notify the Committees on
the distribution of the rescission prior to its implementation.
Section 577. The conference agreement includes a provision rescinding $8,000,000 from unobligated balances of prior year appropriations for DNDO ‘‘Research, Development, and Operations’’ as
proposed by the Senate. The House proposed no similar provision.
DNDO shall notify the Committees on the distribution of the rescission prior to its implementation.
Section 578. The conference agreement includes a new provision rescinding $4,000,000 from unobligated balances of prior year

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appropriations made available for TSA ‘‘Research and Development’’. TSA shall notify the Committees on the distribution of the
rescission prior to its implementation.
Section 579. The conference agreement includes a new provision rescinding $800,000 from unobligated balances of prior year
appropriations made available for Coast Guard ‘‘Acquisition, Construction, and Improvements’’ and specifies that this rescission
must be made from completed projects.
Section 580. The conference agreement includes a new provision rescinding $5,600,000 from unobligated balances made available for the Counterterrorism Fund.

smartinez on DSKB9S0YB1PROD with REPORTS

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

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The conference agreement does not include section 560 of the
Senate bill on border fence completion.
The conference agreement does not include section 561 of the
Senate bill on no match letters.
The conference agreement does not include section 563 of the
Senate bill requiring a report on Operation Streamline. This item
is addressed under CBP.
The conference agreement does not include section 568 of the
Senate bill requiring a report on improving cross-border inspection
processes in the United States, Ontario, and Quebec. This item is
addressed under CBP.
The conference agreement does not include section 573 of the
Senate bill pertaining to prescription drugs. This issue is addressed
under Section 534.
The conference agreement does not include section 576 of the
Senate bill requiring employers to verify the immigration status of
existing employees.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY
DIRECTED SPENDING ITEMS

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

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Research, Development, Acquisition, and Operations

Research, Development, Acquisition, and Operations

Research, Development, Acquisition, and Operations

S&T

S&T

S&T

State and Local Programs

State and Local Programs

FEMA

FEMA

Infrastructure Protection and Information Security

Acquisition, Construction, and
Improvements

CG

NPPD

Operating Expenses

Account

CG

Agency

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Project

Transportation Security Laboratory, NJ

Physical Science Facility, Pacific Northwest National Laboratory, WA

Naval Postgraduate School, CA

Center for Domestic Preparedness, AL

National Domestic Preparedness Consortium:
National Energetic Materials Research and Testing Center, New Mexico
Institute of Mining and Technology, NM
National Center for Biomedical Research and Training, Louisiana State
University, LA
National Emergency Response and Rescue Training Center, Texas A&M
University, TX
National Exercise, Test, and Training Center, Nevada Test Site, NV

National Infrastructure Simulation and Analysis Center, NM

Shore and Operational Support projects, various locations

Project Seahawk, SC

HOMELAND SECURITY

The President
The President

$12,875,000
$12,875,000

$5,000,000

$12,000,000

$2,000,000

The President

The President

The President

The President

The President

$12,875,000

$62,500,000

The President

The President

The President

The President

Administration

$12,875,000

$16,000,000

$6,000,000

$1,088,000

Amount

[Presidentially Requested Spending Items]

Patty Murray; Norman Dicks; Doc Hastings

Sam Farr

Richard Shelby; Mike Rogers (AL)

Chet Edwards; John Carter; John Cornyn; Kay
Bailey Hutchison
Harry Reid

Rodney Alexander; Mary Landrieu

Jeff Bingaman; Tom Udall

Jeff Bingaman; Tom Udall

Requester(s)

135

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Infrastructure Protection and Information
Security

Infrastructure Protection and Information
Security

Infrastructure Protection and Information
Security

NPPD

NPPD

Acquisition, Construction, and Improvements

CG

NPPD

Acquisition, Construction, and Improvements

CG

Infrastructure Protection and Information
Security

Operating Expenses

CG

NPPD

Aviation Security

TSA

Alteration of Bridges

Construction and Facilities Management

CBP

CG

Construction and Facilities Management

Salaries & Expenses

CBP

CBP

Office of the Under Secretary for Management

Account

DHS

Agency

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HOMELAND SECURITY

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Power and Cyber Systems Protection, Analysis, and Testing Program at the Idaho National
Laboratory, Idaho National Laboratory, ID

State and Local Cyber Security Training, University of Texas, San Antonio, TX

Philadelphia Buffer Zone Protection Video Surveillance Expansion Project, City of Philadelphia, PA

National Infrastructure Simulation and Analysis Center, NM

Fort Madison, IA

Coast Guard Station Cleveland Harbor, OH

Coast Guard Academy Pier, CT

Operations Systems Center, WV

Transportation Security Research and Training Center, National Safe Skies Alliance, TN

Hangar and Offices for U.S. Customs and Border Protection, City of El Paso, TX

Advanced Training Center, WV

Portable Solar Charging Rechargeable Battery System, Global Solar, AZ

Center of Excellence in Logistics and Technology (LOGTECH), Institute for Defense and Business, The University of North Carolina, Chapel Hill, NC

Project

[Congressionally Directed Spending Items]

$3,000,000

$3,500,000

$1,000,000

$4,000,000

$4,000,000

$16,800,000

$300,000

$3,600,000

$1,250,000

$3,500,000

$39,700,000

$800,000

$1,000,000

Amount

Michael Simpson; Mike Crapo; James
Risch

Ciro Rodriguez

Chaka Fattah

Jeff Bingaman; Tom Udall

Tom Harkin; David Loebsack

George Voinovich

Christopher Dodd

Robert Byrd

John Duncan Jr.

Silvestre Reyes

Robert Byrd

Ed Pastor

David Price

Requester(s)

136

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State and Local Programs

State and Local Programs

FEMA

State and Local Programs

FEMA

State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

FEMA

FEMA

State and Local Programs

FEMA

State and Local Programs

FEMA

State and Local Programs

Office of Health Affairs

OHA

FEMA

Infrastructure Protection and Information
Security

NPPD

State and Local Programs

Infrastructure Protection and Information
Security

NPPD

FEMA

Infrastructure Protection and Information
Security

NPPD

State and Local Programs

Infrastructure Protection and Information
Security

NPPD

FEMA

Infrastructure Protection and Information
Security

NPPD

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HR298

Emergency Operations Center, City of Chicago, IL

Emergency Operations Center, City of Brookings, OR

Emergency Operations Center, City of Brigantine, NJ

Emergency Operations Center, City of Brawley, CA

Emergency Operations Center, City of Boerne, TX

Emergency Operations Center, City of Ames, IA

Emergency Operations Center, City of Alamosa Fire Department, CO

Emergency Operations Center, Calvert County Department of Public Safety, MD

Emergency Operations Center, Butte-Silver Bow, MT

Emergency Operations Center, Brazoria County Emergency Management, TX

Emergency Operations Center, Benton County Emergency Management Commission, IA

North Carolina Collaboratory for Bio-Preparedness (NC B-Prepared), School of Information &
Library Science, The University of North Carolina at Chapel Hill, NC

SEARCH, Sacramento, CA

The Upstate NY Cyber Initiative, Clarkson University, NY

Virginia Operational Integration Cyber Center of Excellence (VOICCE), City of Hampton, VA

Multi-State Information Sharing and Analysis Center (MS-ISAC), NY, Office of State Cyber
Security & Critical Infrastructure Coordination

Cyber Security Test Bed & Evaluation Center, RTI International, NC

$1,000,000

$350,000

$300,000

$500,000

$250,000

$600,000

$425,000

$338,000

$800,000

$100,000

$500,000

$5,000,000

$1,000,000

$100,000

$500,000

$3,000,000

$3,500,000

Richard Durbin

Peter DeFazio

Frank LoBiondo

Bob Filner

Lamar Smith

Tom Harkin; Tom Latham

John Salazar

Steny Hoyer; Benjamin Cardin

Dennis Rehberg; Jon Tester

Ron Paul

Leonard Boswell

David Price; Bob Etheridge; Brad Miller; Kay Hagan

Steven Rothman

John McHugh; Charles Schumer

Glenn Nye; Robert Wittman

Nita Lowey; Yvette Clarke

David Price

137

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State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

FEMA

State and Local Programs

State and Local Programs

FEMA

State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

FEMA

FEMA

State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

FEMA

State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

Account

FEMA

Agency

smartinez on DSKB9S0YB1PROD with REPORTS

HOMELAND SECURITY—Continued

HR298

Emergency Operations Center, City of Mount Vernon, NY

Emergency Operations Center, City of Moreno Valley, CA

Emergency Operations Center, City of Monterey Park, CA

Emergency Operations Center, City of Minneapolis, MN

Emergency Operations Center, City of Lauderdale Lakes, FL

Emergency Operations Center, City of Las Vegas, NV

Emergency Operations Center, City of La Habra, CA

Emergency Operations Center, City of Hopewell, VA

Emergency Operations Center, City of Hartford, CT

Emergency Operations Center, City of Hackensack, NJ

Emergency Operations Center, City of Greenville, NC

Emergency Operations Center, City of Green Cove Springs, FL

Emergency Operations Center, City of Elk Grove, CA

Emergency Operations Center, City of Detroit, MI

Emergency Operations Center, City of Cupertino, CA

Emergency Operations Center, City of Commerce, CA

Project

[Congressionally Directed Spending Items]

$1,000,000

$400,000

$375,000

$750,000

$750,000

$600,000

$254,500

$250,000

$800,000

$300,000

$600,000

$400,000

$750,000

$1,000,000

$300,000

$1,000,000

Amount

Kirsten Gillibrand; Charles Schumer

Mary Bono Mack

Adam Schiff; Judy Chu

Keith Ellison; Amy Klobuchar

Debbie Wasserman Schultz; Alcee
Hastings

Shelley Berkley; Dina Titus; Harry
Reid

Gary Miller

Randy Forbes

John Larson

Frank Lautenberg; Robert Menendez

G.K. Butterfield

Corrine Brown

Daniel Lungren

Carolyn Kilpatrick; John Conyers;
Debbie Stabenow; Carl Levin

Michael Honda

Lucille Roybal-Allard

Requester(s)

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State and Local Programs

State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

FEMA

FEMA

State and Local Programs

FEMA

State and Local Programs

FEMA

State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

FEMA

State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

State and Local Programs

FEMA

FEMA

State and Local Programs

State and Local Programs

FEMA

State and Local Programs

FEMA

State and Local Programs

FEMA

FEMA

State and Local Programs

State and Local Programs

FEMA

FEMA

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Emergency Operations Center, Kentucky Emergency Management, KY

Emergency Operations Center, Johnson County, TX

Emergency Operations Center, Jackson County Sheriff’s Office, MO

Emergency Operations Center, Howell County Emergency Preparedness, MO

Emergency Operations Center, Fulton County (Atlanta) Emergency Management Agency, GA

Emergency Operations Center, Dorchester County, SC

Emergency Operations Center, County of Union, NJ

Emergency Operations Center, Columbia County, OR

Emergency Operations Center, City of Wichita, KS

Emergency Operations Center, City of Whittier, CA

Emergency Operations Center, City of Whitefish, MT

Emergency Operations Center, City of Torrington, CT

Emergency Operations Center, City of Tavares, FL

Emergency Operations Center, City of Sunrise, FL

Emergency Operations Center, City of Scottsdale, AZ

Emergency Operations Center, City of Port Gibson, MS

Emergency Operations Center, City of Palm Coast, FL

Emergency Operations Center, City of North Little Rock, AR

Emergency Operations Center, City of Newark, NJ

$500,000

$750,000

$500,000

$250,000

$200,000

$400,000

$500,000

$500,000

$500,000

$500,000

$900,000

$400,000

$500,000

$750,000

$500,000

$750,000

$350,000

$900,000

$1,000,000

Harold Rogers

Chet Edwards

Emanuel Cleaver

Jo Ann Emerson

John Lewis; David Scott

Henry Brown; Lindsey Graham

Leonard Lance; Frank Lautenberg;
Robert Menendez;

David Wu

Todd Tiahrt

Linda Sa´nchez

Jon Tester

John Larson; Christopher Murphy

Alan Grayson

Debbie Wasserman Schultz; Robert
Wexler; Alcee Hastings; Bill Nelson

Harry Mitchell

Bennie Thompson; Thad Cochran

John Mica

Blanche Lincoln; Mark Pryor; Vic Snyder

Steven Rothman

139

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FEMA

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FEMA

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State and Local Programs

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FEMA

State and Local Programs

State and Local Programs

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HOMELAND SECURITY—Continued

HR298

Emergency Operations Center, Ohio Emergency Management Agency, Columbus, OH

Emergency Operations Center, North Louisiana Regional, Lincoln Parish, LA

Emergency Operations Center, North Hudson Regional Fire and Rescue, NJ

Emergency Operations Center, North Carolina Office of Emergency Management, NC

Emergency Operations Center, New Orleans Emergency Medical Services, LA

Emergency Operations Center, Morris County, New Jersey Office of Emergency Management,
NJ

Emergency Operations Center, Monroe County, FL

Emergency Operations Center, Mobile County Commission, AL

Emergency Operations Center, Minooka Fire Protection District, IL

Emergency Operations Center, Middle Rio Grande Development Council, TX

Emergency Operations Center, Mercer County Emergency Management Agency, KY

Emergency Operations Center, Macomb County Emergency Management and Communications, MI

Emergency Operations Center, Lycoming County, PA

Emergency Operations Center, Lincoln County, WA

Emergency Operations Center, Lea County, NM

Emergency Operations Center, Lake County, FL

Project

[Congressionally Directed Spending Items]

$1,500,000

$980,000

$500,000

$1,000,000

$750,000

$1,000,000

$200,000

$800,000

$250,000

$1,000,000

$300,000

$250,000

$250,000

$1,000,000

$600,000

$800,000

Amount

Requester(s)

George Voinovich

Mary Landrieu; Rodney Alexander

Albio Sires

David Price

Anh ‘‘Joseph’’ Cao; Steve Scalise

Rodney Frelinghuysen

Ileana Ros-Lehtinen

Jo Bonner

Deborah Halvorson

Ciro Rodriguez

Ben Chandler

Candice Miller; Debbie Stabenow;
Carl Levin

Christopher Carney

Patty Murray

Harry Teague

Corrine Brown; Cliff Stearns

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State and Local Programs

State and Local Programs

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FEMA

State and Local Programs

FEMA

State and Local Programs

FEMA

State and Local Programs

FEMA

FEMA

State and Local Programs

FEMA

State and Local Programs

State and Local Programs

FEMA

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FEMA

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State and Local Programs

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FEMA

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State and Local Programs

FEMA

FEMA

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Emergency Operations Center, Williamsburg County, SC

Emergency Operations Center, Westmoreland County Department of Public Safety, PA

Emergency Operations Center, Washington Parish Government, LA

Emergency Operations Center, Village of Elmsford, NY

Emergency Operations Center, Upper Darby Township Police Department, PA

Emergency Operations Center, Township of South Orange Village, South Orange, NJ

Emergency Operations Center, Township of Old Bridge, NJ

Emergency Operations Center, Township of Irvington, NJ

Emergency Operations Center, Town of Shorter, AL

Emergency Operations Center, Town of Harrison, NY

Emergency Operations Center, Towamencin Township, PA

Emergency Operations Center, Tohono O’odham Nation

Emergency Operations Center, City of Maitland, FL

Emergency Operations Center, State of Maryland, MD

Emergency Operations Center, Somerset County, ME

Emergency Operations Center, Scotland County, NC

Emergency Operations Center, Sarasota County, FL

Emergency Operations Center, San Francisco Department of Emergency Management, CA

Emergency Operations Center, City of Providence, RI

Emergency Operations Center, Passaic County Prosecutor’s Office, NJ

$1,000,000

$900,000

$350,000

$165,000

$500,000

$247,000

$500,000

$750,000

$500,000

$275,000

$75,000

$500,000

$158,000

$1,500,000

$500,000

$650,000

$300,000

$800,000

$980,000

$250,000

James Clyburn

John Murtha

Steve Scalise

Nita Lowey

Joe Sestak

Frank Lautenberg; Robert Menendez

Rush Holt

Donald Payne

Mike Rogers (AL)

Nita Lowey

Allyson Schwartz

Rau´l Grijalva

Suzanne Kosmas

Dutch Ruppersberger; Benjamin
Cardin

Michael Michaud; Olympia Snowe

Larry Kissell

Vern Buchanan

Nancy Pelosi

Jack Reed; James Langevin

Steven Rothman

141

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Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

Predisaster Mitigation

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Predisaster Mitigation

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Predisaster Mitigation

State and Local Programs

FEMA

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FEMA

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Agency

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HR298

City of Coconut Creek, FL

City of Camanche, IA

City of Burbank, CA

City of Brooksville, KY

CHRISTUS St. Elizabeth Hospital, Beaumont, TX

Brigham City Corporation, UT

Arkansas State University-Beebe, AR

Arkansas Department of Emergency Management, AR

Alabama Emergency Management Agency, AL

Rural Domestic Preparedness Consortium, Eastern Kentucky University, KY

$500,000

$187,500

$225,000

$18,500

$250,000

$250,000

$452,000

$750,000

$200,000

$3,000,000

Ron Klein; Robert Wexler

Bruce Braley

Adam Schiff

Geoff Davis

Ted Poe; Kay Bailey Hutchison

Rob Bishop; Robert Bennett; Orrin
Hatch

Vic Snyder

Marion Berry

Spencer Bachus

Harold Rogers; George Voinovich

Patrick Leahy

$10,125,000
$5,000,000
$5,000,000

National Exercise, Test, and Training Center, Nevada Test Site, NV
National Disaster Preparedness Training Center, University of Hawaii, HI
Surface Transportation Emergency Preparedness and Response Training

$1,700,000

Rodney Alexander; Mary Landrieu
Chet Edwards; John Carter; John
Cornyn; Kay Bailey Hutchison
Harry Reid
Daniel Inouye
Michael Bennet; John Salazar

$10,125,000
$10,125,000

Counterterrorism and Cybercrime Center, Norwich University, Northfield, VT

Jeff Bingaman; Tom Udall

Robert Aderholt

Requester(s)

$10,125,000

$20,000

Amount

National Domestic Preparedness Consortium:
National Energetic Materials Research and Testing Center, New Mexico Institute of Mining
and Technology, NM
National Center for Biomedical Research and Training, Louisiana State University, LA
National Emergency Response and Rescue Training Center, Texas A&M University, TX

Emergency Operations Center, Winston County Commission, AL

Project

[Congressionally Directed Spending Items]

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Predisaster Mitigation

Predisaster Mitigation

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FEMA

FEMA

FEMA

FEMA

Predisaster Mitigation

FEMA

Predisaster Mitigation

Predisaster Mitigation

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FEMA

Predisaster Mitigation

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

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City of Trenton, NJ

City of Santa Clarita, CA

City of Rockville, MD

City of Robstown, TX

City of Reno, NV

City of Prattville, AL

City of New Braunfels, TX

City of Miami, FL

City of Miami Beach, FL

City of Maryville, MO

City of Los Angeles, CA

City of Los Angeles, CA

City of Kannapolis, NC

City of Hokah, MN

City of Hidalgo, TX

City of Hartselle, AL

City of Flagler Beach, FL

City of Emeryville, CA

City of Davis, CA

City of Colton, CA

$300,000

$500,000

$650,000

$500,000

$500,000

$500,000

$500,000

$600,000

$750,000

$175,000

$500,000

$1,000,000

$425,000

$590,000

$500,000

$245,000

$750,000

$600,000

$275,000

$200,000

Rush Holt; Christopher Smith; Frank
Lautenberg; Robert Menendez

Howard ‘‘Buck’’ McKeon

Chris Van Hollen; Benjamin Cardin

Solomon Ortiz

Dean Heller; Harry Reid

Bobby Bright

Lamar Smith; Kay Bailey Hutchison

Kendrick Meek; Ileana Ros-Lehtinen

Debbie Wasserman Schultz

Sam Graves

Brad Sherman

Lucille Roybal-Allard

Howard Coble; Larry Kissell

Timothy Walz; Amy Klobuchar

Henry Cuellar

Robert Aderholt

John Mica

Barbara Lee

Mike Thompson

Joe Baca

143

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Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

FEMA

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Predisaster Mitigation

FEMA

Agency

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Project

HR298

Ohio University, Athens, OH

North Carolina Office of Emergency Management, NC

Mississippi Homeland Security Office, MS

McDowell Hospital, Marion, NC

Lucas County Engineer, OH

Louisville-Metro Government, KY

Lorain County, OH

Lake County Stormwater Management Agency, OH

King County, WA

Kentucky Emergency Management, KY

Jackson Health System, Miami, FL

Henry County, GA

Harris County Flood Control District, TX

Drew County, AR

DeKalb County, IL

City of Venice, FL

[Congressionally Directed Spending Items]

$200,000

$165,000

$500,000

$220,000

$500,000

$500,000

$200,000

$725,000

$750,000

$500,000

$500,000

$275,000

$1,000,000

$366,564

$350,000

$200,000

Amount

Requester(s)

Charles Wilson

David Price

Bennie Thompson

Heath Shuler

Marcy Kaptur

John Yarmuth

Betty Sutton

Steven LaTourette

David Reichert; Patty Murray

Harold Rogers

Debbie Wasserman Schultz, Kendrick
Meek, Mario Diaz-Balart, Ileana
Ros-Lehtinen

David Scott

John Culberson

Mike Ross

Donald Manzullo

Vern Buchanan

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Research, Development, Acquisition, and
Operations

Research, Development, Acquisition, and
Operations

S&T

S&T

Research, Development, Acquisition, and
Operations

Predisaster Mitigation

FEMA

S&T

Predisaster Mitigation

FEMA

Research, Development, Acquisition, and
Operations

Predisaster Mitigation

FEMA

S&T

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

Predisaster Mitigation

Predisaster Mitigation

FEMA

FEMA

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Maritime Domain Awareness and Maritime Security Technology Pilot, SRI International, FL

Homeland Security Research, Development, and Manufacturing Pilot, Long Island Forum for
Technology, NY

Distributed Environment for Critical Infrastructure Decisionmaking Exercises, multiple locations

Cincinnati Urban Area partnership, OH

Westport Fire Department, CT

Village of Pelham, NY

Village of La Grange Park, IL

Town of Winthrop, MA

Town of Union and City of Binghamton, NY

Town of Shelter Island, NY

Town of Occoquan, VA

Town of Hambleton and Town of Davis, WV

State of Maryland, MD

Shelby County, Memphis, TN

San Miguel County, NM

Russell County Fiscal Court, KY

Orange County Fire Authority, CA

$4,000,000

$1,000,000

$3,000,000

$2,000,000

$265,000

$562,500

$150,000

$500,000

$462,000

$200,000

$25,000

$450,000

$1,000,000

$325,000

$400,000

$200,000

$252,000

C.W. ‘‘Bill’’ Young

Steve Israel; Peter King

Robert Bennett; Patrick Leahy; Rob
Bishop

George Voinovich

James Himes

Nita Lowey

Daniel Lipinski

Edward Markey

Maurice Hinchey

Timothy Bishop

Gerald Connolly

Alan Mollohan

Dutch Ruppersberger; Benjamin
Cardin

Steve Cohen; Lamar Alexander; Bob
Corker

Ben Luja´n

Ed Whitfield

Ken Calvert

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Sector Buffalo, NY, Coast Guard

Monterey County Water Resources Agency, CA

Office of Environmental Health and Safety, University of Massachusetts, MA

General Provision

General Provision

Town of Lanesborough, MA

General Provision

Town of Branchville, SC

Franklin Regional Council of Governments, MA

General Provision

General Provision

Southeast Region Research Initiative, TN

Remote Sensing for Situational Awareness and Decision Support, Rochester Institute of
Technology, NY

National Institute for Hometown Security, KY

Project

[Congressionally Directed Spending Items]

Research, Development, Acquisition, and
Operations

Research, Development, Acquisition, and
Operations

S&T

Account

Research, Development, Acquisition, and
Operations

S&T

Agency

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Amount

$20,865,000

$500,000

$10,000,000

Requester(s)

Brian Higgins

Sam Farr

James Clyburn

John Olver

John Olver

John Olver

Thad Cochran; Roger Wicker; Gregg
Harper

Daniel Maffei; Christopher Lee

Harold Rogers

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147
FUNDING RECOMMENDATIONS
The conference agreement’s detailed funding recommendations
for programs are contained in the table listed below.
CONFERENCE TOTAL—WITH COMPARISONS
The total new budget (obligational) authority for the fiscal year
2010 recommended by the Committee of Conference, with comparisons to the fiscal year 2009 amount, the 2010 budget estimates,
and the House and Senate bills for 2010 follow:
(In thousands of dollars)

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New budget (obligational) authority, fiscal year 2009 ........................
Budget estimates of new (obligational) authority, fiscal year 2010
House bill, fiscal year 2010 ...................................................................
Senate bill, fiscal year 2010 ..................................................................
Conference agreement, fiscal year 2010 ..............................................
Conference agreement compared with:
New budget (obligational) authority, fiscal year 2009 ................
Budget estimates of new (obligational) authority, fiscal year
2010 ..............................................................................................
House bill, fiscal year 2010 ............................................................
Senate bill, fiscal year 2010 ...........................................................

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$44,367,748
44,190,938
43,978,245
44,287,748
44,137,241
¥230,507
¥53,697
+158,996
¥150,507

HR298

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164
DAVID R. OBEY,
DAVID E. PRICE,
JOSE´ E. SERRANO,
CIRO D. RODRIGUEZ,
C. A. DUTCH RUPPERSBERGER,
ALAN B. MOLLOHAN,
NITA M. LOWEY,
LUCILLE ROYBAL-ALLARD,
SAM FARR,
STEVEN R. ROTHMAN,
Managers on the Part of the House.
ROBERT C. BYRD,
DANIEL K. INOUYE,
PATRICK J. LEAHY
(with a reservation on the
EB–5 agreement),
BARBARA A. MIKULSKI,
PATTY MURRAY,
MARY L. LANDRIEU,
FRANK R. LAUTENBERG,
JON TESTER,
ARLEN SPECTER,
GEORGE V. VOINOVICH,
THAD COCHRAN,
JUDD GREGG,
RICHARD C. SHELBY,
SAM BROWNBACK,
LISA MURKOWSKI,
Managers on the Part of the Senate.

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Æ

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