S Res. 111-31

Calendar No. 83
111TH CONGRESS
"
1st Session

SENATE

!

REPORT
111–31

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
BILL, 2010
JUNE 18, 2009.—Ordered to be printed

Mr. REID (for Mr. BYRD), from the Committee on Appropriations,
submitted the following

REPORT
[To accompany S. 1298]

The Committee on Appropriations reports the bill (S. 1298) making appropriations for the Department of Homeland Security for
the fiscal year ending September 30, 2010, and for other purposes,
reports favorably thereon and recommends that the bill do pass.

50–444 PDF

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Total obligational authority, fiscal year 2010
Total of bill as reported to the Senate 1 2 3 ............ $44,287,748,000
Amount of 2009 appropriations 4 5 .......................... 44,080,245,000
Amount of 2010 budget estimate 2 6 ....................... 44,190,938,000
Bill as recommended to Senate compared to—
2009 appropriations ..........................................
∂207,503,000
2010 budget estimate ........................................
∂96,810,000
1 Includes

$35,500,000 in rescissions.
a permanent indefinite appropriation of $261,000,000 for the Coast
Guard health care fund contribution.
3 Includes $241,503,000 for the Coast Guard for the costs of overseas contingency
operations.
4 Excludes $2,175,000,000 appropriated in the Department of Homeland Security
Appropriations Act, 2004 (Public Law 108–90) for Biodefense Countermeasures that
became available for obligation in fiscal year 2009.
5 Includes $2,855,000,000 in emergency appropriations appropriated in Public Law
111–5, the American Recovery and Reinvestment Act of 2009, and Public Law 111–
8, the Omnibus Appropriations Act, 2009. Includes rescissions totalling $72,373,000
pursuant to Public Law 110–329. Includes permanent indefinite appropriation of
$257,305,000 for the Coast Guard health care fund contribution.
6 Excludes up to $241,503,000 for Coast Guard overseas contingency operations requested in Department of Defense ‘‘Navy, Operation and Maintenance’’.
2 Includes

CONTENTS
DEPARTMENT OF HOMELAND SECURITY
Page

Overview and Summary of the Bill ........................................................................
Title I:
Departmental Management and Operations:
Office of the Secretary and Executive Management ..............................
Office of the Under Secretary for Management ......................................
Office of the Chief Financial Officer ........................................................
Office of the Chief Information Officer ....................................................
Analysis and Operations ...........................................................................
Office of the Federal Coordinator for Gulf Coast Rebuilding ................
Office of Inspector General .......................................................................
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Salaries and Expenses .......................................................................
Automation Modernization ................................................................
Border Security Fencing, Infrastructure, and Technology .............
Air and Marine Interdiction, Operations, Maintenance, and Procurement ..........................................................................................
Construction and Facilities Management ........................................
U.S. Immigration and Customs Enforcement:
Salaries and Expenses .......................................................................
Federal Protective Service .................................................................
Automation Modernization ................................................................
Construction .......................................................................................
Transportation Security Administration:
Aviation Security ................................................................................
Surface Transportation Security .......................................................
Transportation Threat Assessment and Credentialing ...................
Transportation Security Support ......................................................
Federal Air Marshals .........................................................................
Coast Guard:
Operating Expenses ...........................................................................
Environmental Compliance and Restoration ...................................
Reserve Training ................................................................................
Acquisition, Construction, and Improvements .................................
Alteration of Bridges ..........................................................................
Research, Development, Test, and Evaluation ................................
Retired Pay .........................................................................................
United States Secret Service:
Salaries and Expenses .......................................................................
Acquisition, Construction, Improvements, and Related Expenses ..............................................................................................
Title III:
Protection, Preparedness, Response, and Recovery:
National Protection and Programs Directorate:
Management and Administration .....................................................
Infrastructure Protection and Information Security .......................
United States Visitor and Immigrant Status Indicator Technology ...............................................................................................
Federal Protective Service .................................................................
Office of Health Affairs .............................................................................
Federal Emergency Management Agency:
Management and Administration .....................................................
(3)

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Page

Title III—Continued
Protection, Preparedness, Response, and Recovery—Continued
Federal Emergency Management Agency—Continued
State and Local Programs .................................................................
Firefighter Assistance Grants ...........................................................
Emergency Management Performance Grants ................................
Radiological Emergency Preparedness Program .............................
United States Fire Administration ...................................................
Disaster Relief ....................................................................................
Disaster Assistance Direct Loan Program Account .........................
Flood Map Modernization Fund ........................................................
National Flood Insurance Fund ........................................................
National Predisaster Mitigation Fund .............................................
Emergency Food and Shelter ............................................................
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services ............................
Federal Law Enforcement Training Center:
Salaries and Expenses .......................................................................
Acquisition, Construction, Improvements, and Related Expenses ....................................................................................................
Science and Technology:
Management and Administration .....................................................
Research, Development, Acquisition, and Operations ....................
Domestic Nuclear Detection Office:
Management and Administration .....................................................
Research, Development, and Operations .........................................
Systems Acquisition ...........................................................................
Title V: General Provisions .....................................................................................
Program, Project, and Activity ...............................................................................
Compliance With Paragraph 7, Rule XVI of the Standing Rules of the Senate ..........................................................................................................................
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules of the
Senate ...................................................................................................................
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of the
Senate ...................................................................................................................
Disclosure of Congressionally Directed Spending Items ......................................
Comparative Statement of New Budget Authority ...............................................

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OVERVIEW AND SUMMARY OF THE BILL
Fiscal year 2010 2
request

Title
Title
Title
Title
Title

4

Fiscal year 2010 1 2
Committee
recommendation

3

I—Departmental Management and Operations .................................................
II—Security, Enforcement, and Investigations ..................................................
III—Protection, Preparedness, Response, and Recovery ...................................
IV—Research and Development, Training, and Services ..................................
V—General Provisions ........................................................................................

$1,389,892,000
32,121,952,000
8,691,755,000
1,987,339,000
..............................

$1,324,600,000
32,652,599,000
8,533,571,000
1,792,478,000
¥35,500,000

Total, new budget (obligational authority) ...................................................

44,190,938,000

44,287,748,000

1 Includes

$35,500,000 in rescissions.
2 Includes permanent indefinite appropriation of $261,000,000 for the Coast Guard health care fund contribution.
3 Includes $241,503,000 for the Coast Guard for the costs of overseas contingency operations.
4 Excludes up to $241,503,000 for Coast Guard overseas contingency operations requested in Department of Defense ‘‘Navy, Operation and
Maintenance’’.

The
Committee
recommends
total
appropriations
of
$44,287,748,000 for the Department of Homeland Security (the Department) for fiscal year 2009, $96,810,000 more than the budget
request. Of this amount, $42,926,503,000 is for discretionary programs.
OVERVIEW
The establishment of the Department of Homeland Security after
the devastating events of September 11, 2001, was one of the most
ambitious Federal reorganizations since the Department of Defense
was created following World War II. Regrettably, it was the official
position of the Bush administration that the Department could be
created at no cost to the taxpayer. This translated into a Department with aging assets, an inability to prepare for and respond to
natural disasters and future threats, and significant management
and employee morale problems.
In response, Congress, on a bipartisan basis, increased homeland
security spending by an average of $2,000,000,000 per year above
the President’s request. These increases were invested in border security, chemical security, port security, transit security, aviation
security, and cyber security. Congress also ensured State and local
partners in homeland security received adequate resources to equip
and train our first responders. These investments have paid off,
making our Nation more secure and making us better prepared for
any disaster. But we have much more work to do.
The Committee recommends $42,926,503,000 of discretionary
budget authority for fiscal year 2010, $2,938,003,000, or 7 percent,
above fiscal year 2009, excluding emergency funding provided in
the American Recovery and Reinvestment Act and the Omnibus
Appropriations Act, 2009.
Priorities in the bill are focused on five major goals:
—Securing our borders and enforcing our immigration laws;
(5)

6
—Protecting the American people from terrorist threats and
other vulnerabilities, and ensuring that the Department is
nimble enough to address future threats;
—Preparing for, responding to, and recovering from all-hazards,
including natural disasters;
—Supporting our State, local, tribal, and private sector partners
in homeland security with resources and information; and
—Giving the Department resources to strengthen financial, procurement, information technology systems, and other management tools that it needs to succeed; eliminating or reducing
programs that are ineffective or duplicative.
REFERENCES
This report refers to several public laws by short title as follows:
American Recovery and Reinvestment Act of 2009 (Public Law
111–5) is referenced as the Stimulus Act; 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; and Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108–458, is referenced as the Intelligence Reform Act.
Any reference in this report to the Secretary shall be interpreted
to mean the Secretary of Homeland Security.
Any reference to the Department or DHS shall be interpreted to
mean the Department of Homeland Security.
Any reference in this report to a departmental component shall
be interpreted to mean directorates, components, agencies, offices,
or other organizations in the Department.
Any reference to ‘‘full-time equivalents’’ shall be referred to as
FTE.
Any reference to ‘‘program, project, and activity’’ shall be referred
to as PPA.

DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE

OF THE

SECRETARY

AND

EXECUTIVE MANAGEMENT

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$123,456,000
160,760,000
149,268,000

The Office of the Secretary and Executive Management supports
the Department by providing direction, management, and policy
guidance to operating components within the organization. The
specific activities funded by this account include: the Immediate
Office of the Secretary; the Immediate Office of the Deputy Secretary; the Chief of Staff; the Office of Counternarcotics Enforcement; the Executive Secretary; the Office of Policy; the Office of
Public Affairs; the Office of Legislative Affairs; the Office of General Counsel; the Office of Civil Rights and Civil Liberties; the Citizenship and Immigration Services Ombudsman; the Office of Intergovernmental Affairs; and the Privacy Officer.
COMMITTEE RECOMMENDATION

The Committee recommends $149,268,000 for the Office of the
Secretary and Executive Management, $25,812,000 above the fiscal
year 2009 level and $11,492,000 below the request level. Of the
total amount provided, up to $60,000 is available for reception and
representation expenses. The Department is to submit a quarterly
report to the Committee detailing the obligation of these funds by
purpose and dollar amount.
The specific levels recommended by the Committee as compared
to the fiscal year 2009 and budget request levels are as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
Fiscal year 2009
enacted

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 of Civil Rights and Civil Liberties ............................................
Citizenship and Immigration Services Ombudsman ...........................

(7)

3,140
1,400
2,693
3,718
7,448
43,263
5,991
4,997
(1)
20,114
17,417
6,471

Fiscal year 2010
budget request

5,061
1,810
2,595
3,912
8,344
61,564
6,539
7,097
2,800
24,028
22,104
6,935

Committee
recommendations

5,061
1,810
2,595
3,718
8,344
51,564
5,991
6,797
2,600
24,028
22,104
6,685

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OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT—Continued
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Privacy Officer ......................................................................................

6,804

7,971

7,971

Total, Office of the Secretary and Executive Management ...

123,456

160,760

149,268

1 Funds

provided for this activity within the Federal Emergency Management Agency.

IMMEDIATE OFFICE OF THE SECRETARY

The Committee recommends $5,061,000 for the Immediate Office
of the Secretary, an increase of $1,921,000 from the fiscal year
2009 level and the same level as proposed in the budget. The Committee approves the request to transfer a total of $1,278,000 from
various DHS components and other Office of the Secretary and Executive Management [OSEM] offices for the Secretary’s travel.
IMMEDIATE OFFICE OF THE DEPUTY SECRETARY

The Committee recommends $1,810,000 for the Immediate Office
of the Deputy Secretary, an increase of $410,000 from the fiscal
year 2009 level and the same level as proposed in the budget.
The Committee understands that the Office of Infrastructure
Protection, the Coast Guard, and the Transportation Security Administration are working together to coordinate chemical security
responsibilities established by the Chemical Facilities Anti-Terrorism Standards regulations, the Maritime Transportation Security Act of 2002, and railroad security regulations. The Committee
directs the Deputy Secretary to coordinate efforts and to work with
the White House Office of Domestic Policy to develop a coordinated
and integrated approach for securing chemical facilities. Further,
the Committee directs that the Department review and, if necessary, consider revising its information security regulations related to chemical facilities to ensure companies cannot misuse the
regulations to improperly delay or impede Federal safety investigations following chemical accidents.
The Committee directs the Department to provide a report to the
Committee no later than 90 days after the date of enactment of
this act, and quarterly thereafter, on the agency’s efforts to coordinate chemical security across departments, particularly in regard
to ensuring the ability to conduct prompt and comprehensive Federal safety investigations of chemical accidents. Further, to ensure
expeditious attention to this matter, the Deputy Secretary is directed to brief the Committee on the milestones established for a
coordinated effort.
CHIEF OF STAFF

The Committee recommends $2,595,000 for the Chief of Staff, a
decrease of $98,000 from the fiscal year 2009 level and the same
level as proposed in the budget.
OFFICE OF COUNTERNARCOTICS ENFORCEMENT

The Committee recommends $3,718,000 for the Office of Counternarcotics Enforcement [CNE], the same as the fiscal year 2009

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level and $194,000 below the level proposed in the budget. The
Committee requires the CNE to submit a report no later than 60
days after the date of enactment of this act to include: a detailed
description of the Department’s counternarcotics activities; whether
those activities were sufficient to meet the Department’s responsibility to stop the entry of illegal drugs into the United States; and
recommended changes to those activities to improve the Department’s counternarcotics performance. Funding is maintained at the
current level due to the CNE’s failure to provide the Committee
with a similar report required in fiscal year 2009. These reports
help the Committee assess whether the CNE is fulfilling its mission.
EXECUTIVE SECRETARY

The Committee recommends $8,344,000 for the Office of the Executive Secretary, an increase of $896,000 above the fiscal year
2009 level and the same level as proposed in the budget.
OFFICE OF POLICY

The Committee recommends $51,564,000 for the Office of Policy,
$8,301,000 above the fiscal year 2009 level and $10,000,000 below
the level proposed in the budget. The Committee fully funds requested base adjustments totaling $3,301,000 to annualize FTE
funded in fiscal year 2009, to adjust for statutory pay increases,
and to pay administrative support services executed by the Working Capital Fund. The Committee recommends a partial increase
for the Integrated Requirements Process and the Intermodal Security Coordination Office. While the Committee supports the intent
of these initiatives, there is little justification to support such a
large financial commitment for fiscal year 2010. Therefore, an additional $5,000,000 is provided, $10,000,000 below the request level.
The fiscal year 2010 expenditure plan shall provide a detailed explanation of how these funds are being allocated and for what purpose. Contractor support for both initiatives shall not exceed 25
percent.
The Committee bill provides $20,000 within the Secretary’s reception and representation expenses to enable the Office of Policy
to host Visa Waiver Program negotiations in Washington, DC,
which will save significant travel costs.
The Committee directs the Office of Policy to submit an expenditure plan for fiscal year 2010 no later than 60 days after the date
of enactment of this act. The plan shall provide a full explanation
for each activity of this Office and accompanying costs. Because the
fiscal year 2009 expenditure plan wasn’t submitted until 8 months
into the fiscal year, the Committee includes bill language withholding $20,000,000 from obligation until the fiscal year 2010 plan
is submitted.
OFFICE OF INTERGOVERNMENTAL AFFAIRS

The Committee approves the budget request to transfer these
functions from the Federal Emergency Management Agency
[FEMA] and recommends $2,600,000 for the Office Intergovernmental Affairs, $200,000 below the level proposed in the budget. Of

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this amount, $2,000,000 and 17 FTE represent the transfer of these
functions from FEMA and $800,000 is recommended to pay administrative support services executed by the Working Capital Fund.
The Committee modifies the name of the Office from ‘‘Office of
Intergovernmental Programs’’ as proposed in the budget to ‘‘Office
of Intergovernmental Affairs’’ as this name more appropriately reflects the activities of this office. Funds are decreased below the request due to the delay in filling full-time permanent positions within this office in fiscal year 2009.
OFFICE OF PUBLIC AFFAIRS

The Committee recommends $5,991,000 for the Office of Public
Affairs, the same as the fiscal year 2009 level and $548,000 below
the level proposed in the budget. Funds are decreased below the request due to the delay in filling full-time permanent positions within this office.
OFFICE OF LEGISLATIVE AFFAIRS

The Committee recommends $6,797,000 for the Office of Legislative Affairs, an increase of $1,800,000 above the fiscal year 2009
level and $300,000 below the level proposed in the budget.
OFFICE OF GENERAL COUNSEL

The Committee recommends $24,028,000 for the Office of General Counsel [OGC], $3,914,000 above the fiscal year 2009 level
and the same level as proposed in the budget. The increase above
the request is to fund base adjustments for increasing costs related
to pay, the Working Capital Fund, and an annualization of prior
year FTE’s. The Committee also directs the OGC to hire an additional attorney with expertise in appropriations law within the recommended level. The Department currently has just one attorney
working on appropriations and requires additional resources in this
area.
OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES

The Committee recommends $22,104,000 for the Office of Civil
Rights and Civil Liberties, an increase of $4,687,000 above the fiscal year 2009 level and the same level as proposed in the budget.
The Committee recommends full programmatic increases, including
funds for expansion of the Department’s Equal Employment Opportunity program, reviews of State and local fusion centers, additional training, complaint investigations, and other DHS-wide civil
rights and civil liberties issues. The Committee directs the Office
to submit an expenditure plan no later than 60 days after the date
of enactment of this act.
CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN

The Committee recommends $6,685,000 for the Citizenship and
Immigration Services Ombudsman, an increase of $214,000 above
the fiscal year 2009 level and $250,000 below the level proposed in
the budget. Funds are decreased below the request due to the delay
in filling full-time permanent positions within this office.

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PRIVACY OFFICER

The Committee recommends $7,971,000 for the Privacy Officer,
an increase of $1,167,000 above the fiscal year 2009 level and the
same level as proposed in the budget.
QUARTERLY DETAILEE REPORT

The Committee requires the Department to continue the quarterly detailee report. These reports shall be drafted in accordance
with the revised guidance set forth in Senate Report 110–84.
FUTURE YEARS BUDGET AND THE 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 Committee is concerned that the QHSR will be biased by
the President’s proposed budget reduction for the Department of
Homeland Security in the outyears. The Department of Homeland
Security’s budget should be derived from the policy review. The policy review should not be driven by 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.
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS

The Secretary is directed to report semi-annually on the current
projects tasked to federally funded research and development centers, the funding obligated by component, including the purposes
for the funds, and any projects completed in the prior 6-month period.
OVERDUE REPORTS

The Committee understands that the transition to the new administration may have caused some delays with regard to the Department providing the Committee with required reports due. However, to date, there are currently over 60 required reports that are
past due and the Committee is concerned that the Department has
only had a 35 percent on-time delivery rate of those received. These
reports are vital for the Committee to appropriately make important resource allocation decisions to address critical homeland security issues. Consistent delays adversely impact the budgetary process. Examples of high-priority reports that are past due include
Transportation Security Administration’s Risk-Based Resource Allocation plan, Coast Guard’s Workforce Action and Deepwater expenditure plans, U.S. Immigration and Customs Enforcement’s
[ICE] Nationwide Alternatives to Detention plan, the Intelligence
and Analysis expenditure plan, Office of Policy expenditure plan,
and DHS Chief Information Officer expenditure plan. The Committee also requires certain reports in order to stay apprised of important homeland security initiatives such as: Federal Emergency
Management Agency’s [FEMA] report on incorporating stakeholder
input to the grant process, which ensures that State and local first
responders are involved with the allocation of homeland security

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grants required by Public Law 110–329; FEMA’s progress on nationwide implementation of the Integrated Public Alert and Warning System, required by Executive Order 13407, to better alert the
public about emergencies; and ICE’s Transportation of Unaccompanied Alien Minors plan, which addresses the proper care and
treatment of illegal alien children without parents within the immigration system.
The Committee finds this performance unacceptable.
DHS–GAO RELATIONS

The Committee is pleased to note that the Department is working with the Government Accountability Office [GAO] to improve it
responsiveness to information requests, and is examining the models of interaction offered by other agencies. In order to improve
transparency and oversight, the Committee urges DHS to adopt the
practices of most other Federal agencies regarding interaction with
GAO. These include: ensuring that GAO representatives have direct access to program officials and other relevant DHS employees,
including contractors, for purposes of requesting records and obtaining information; expediting the internal review process for requested information by eliminating unnecessary or redundant levels of review; directing program officials and other relevant DHS
employees, including contractors, to provide GAO with immediate
access to agency records upon request when such records are readily available and do not require further internal review; and providing GAO representatives with access to draft or other non-final
agency records pertinent to GAO’s review, consistent with GAO’s
statutory right of access to agency records and its obligation to
handle such information appropriately.
DISTRIBUTION OF GRANT AWARDS

Americans are not made safer when appropriated funds sit in the
Treasury. Therefore, as in previous fiscal years, the Committee
again includes statutory timeframes by which appropriated grant
funding must be made available and distributed to State and local
partners. While departmental compliance with the timeframes has
varied from year to year, fiscal year 2009 awards were delivered
within the statutory timeframe. It is imperative that FEMA and
the Department take State and local partners seriously by ensuring
needed resources are provided expeditiously to address known
risks. The Committee expects FEMA and the Department will comply with the law to ensure grant funds are distributed in a timely
manner.
STAKEHOLDER INVOLVEMENT

In the Homeland Security Appropriations Act, 2009, $10,000,000
was withheld from both the Office of the Secretary and Executive
Management [OSEM] and the Federal Emergency Management
Agency [FEMA] Management and Administration account until the
Secretary of Homeland Security, in coordination with the Administrator of FEMA, certifies to the Committees on Appropriations that
a process to incorporate State and local stakeholder input for
grants has been developed. It is unconscionable that 6 years after

13
the creation of the Department there is still not an efficient grant
process. Further, it is disconcerting that the Secretary has yet to
certify a process. The Committee expects a certification no later
than August 31, 2009. Similar language is contained in the FEMA
section of this report.
PRINCIPAL FEDERAL OFFICIAL

The Committee recognizes that the Secretary intends to reserve
the deployment of a Principal Federal Official [PFO] for a catastrophic or an unusually complex incident that requires extraordinary coordination. According to an official response submitted following the Senate Appropriations, Subcommittee on Homeland Security hearing on May, 13, 2009, the Secretary is committed to
‘‘role clarity and clear, well-trained, and well-exercised protocols for
communication and decisionmaking [which] are vital to achieving
a coordinated response to any domestic incident’’. Therefore, the
Committee does not include a restriction regarding the position of
the PFO but strongly urges the Secretary to use an abundance of
clarity on this matter before, during, and after the few instances
when this position may be used.
LOST AND STOLEN PASSPORTS

The Committee is concerned that the Department of Homeland
Security has not taken all appropriate steps to interrupt terrorist
and criminal travel through international border crossings. The
Committee is aware that the Department currently tracks and reports on lost and stolen passports through the Forensic Document
Laboratory and the Fraudulent Document Analysis Unit. The Committee directs the Secretary to submit a semiannual report to the
Committees on Appropriations of the Senate and House of Representatives, the Committees on the Judiciary of the Senate and
the House of Representatives, the Senate Committee on Homeland
Security and Governmental Affairs, and the House of Representatives Committee on Homeland Security on the number of all lost
and stolen passports reported to the Department, a detailed breakdown by issuing country, and the number intercepted by the Department at ports of entry. Also, the report should provide an analysis of any trends regarding lost and stolen passports.
BORDER TUNNELS

Border tunnels pose a serious national security risk by providing
a means for smugglers to move drugs, guns, and people under the
border. Since September 11, 2001, more than 90 border tunnels
have been discovered. The Committee is aware that tunnel detection and remediation is becoming a Department priority and that
funds have been provided as requested to address their detection.
The Committee directs the Department to provide semiannual reports to the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on the Judiciary, and the
Committee on Homeland Security and Governmental Affairs on the
number of tunnels discovered, their location and demolition, all activities undertaken to prosecute individuals under the Border Tunnel Prevention Act, funding requirements, and the progress made

14
in developing and implementing detection methods used to discover
new tunnels. Finally, the Committee directs the Department to
designate a border tunnel coordinator to manage border tunnel activities, serve as liaison to State and local law enforcement, and advise Congress on border tunnel issues.
OFFICE

OF THE

UNDER SECRETARY

FOR

MANAGEMENT

2009 1

Appropriations,
...........................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$391,793,000
337,990,000
307,690,000

1 Includes $200,000,000 provided in the American Recovery and Reinvestment Act, 2009 (Public Law 111–5) for construction of the DHS headquarters.

The Under Secretary for Management oversees management and
operations of the Department, including procurement and acquisition, human capital, and property management. The specific activities funded by this account include the Immediate Office of the
Under Secretary for Management, the Office of Security, the Office
of the Chief Procurement Officer, the Office of the Chief Human
Capital Officer, and the Office of the Chief Administrative Officer.
COMMITTEE RECOMMENDATION

The Committee recommends $307,690,000 for the Office of the
Under Secretary for Management.
The specific levels recommended by the Committee, as compared
to the fiscal year 2009 and budget request levels, are as follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
Fiscal year 2009
enacted

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 ................................................................
Human Resources .......................................................................
Office of the Chief Administrative Officer:
Salaries and Expenses ................................................................
Nebraska Avenue Complex ..........................................................
DHS Headquarters Consolidation ................................................
Emergency Appropriations (Public Law 111–5) ..................................

Fiscal year 2010
budget request

Committee
recommendations

2,654
60,882
39,003

2,864
95,193
71,038

2,864
92,693
70,038

28,827
10,000

34,404
10,000

33,604
10,000

44,427
6,000
..........................
200,000

43,491
6,000
75,000
..........................

43,491
5,000
50,000
..........................

Total, Office of the Under Secretary for Management ..........

391,793

337,990

307,690

Appropriations ........................................................................
Emergency Appropriations (Public Law 111–5) .....................

191,793
200,000

337,990
..........................

307,690
..........................

IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

The Committee recommends $2,864,000 for the Immediate Office
of the Under Secretary, $210,000 above the fiscal year 2009 level
and the same level as proposed in the budget.
OFFICE OF SECURITY

The Committee recommends $92,693,000 for the Office of Security, an increase of $31,811,000 above the fiscal year 2009 level and

15
$2,500,000 below the level requested in the budget. This recommended increase includes $3,000,000 and 9 positions for Departmental personnel security adjudication needs; $5,000,000 and 20
positions for the Special Access Program Control Office; and
$22,500,000 for the Homeland Security Presidential Directive 12
[HSPD–12] Card Issuance Program. The Department’s schedule to
issue HSPD–12 cards to DHS employees appears to be overly optimistic in fiscal year 2010. Therefore, the Committee does not recommend the full increase requested in the budget.
The Committee has heard from several DHS components about
delays in hiring due to the security clearance process. With the additional adjudication funding recommended, the Office of Security
should meet the 15-day standard for suitability reviews and reduce
its existing backlog of individuals awaiting a security clearance.
The Committee directs the Office of Security to include progress
against these objectives in the Office of the Chief Human Capital
Officer’s monthly hiring reports submitted to the Committee.
OFFICE OF THE CHIEF PROCUREMENT OFFICER

The Committee recommends $70,038,000 for the Office of the
Chief Procurement Officer, $31,035,000 above the fiscal year 2009
level and $1,000,000 below the level requested in the budget. This
increase will fully annualize 52 positions being filled in fiscal year
2009, fund 100 new positions for the Acquisition Workforce Intern
Program, fund 24 new positions and associated infrastructure to
create a new contracting component for classified programs, and
fund 20 new positions and support from Federally Funded Research and Development Centers for oversight of DHS acquisition
programs. A small reduction is recommended below the request due
to the delay in filling full-time permanent positions within this office.
ACQUISITION REVIEW PROCESS

The Department’s Investment Review Process was overhauled in
2008 with the intent to improve acquisition management and oversight across DHS. The Committee is pleased with the direction the
Department is taking to create a common acquisition policy and a
single point of accountability in the Acquisition Decision Authority.
There are 67 major DHS acquisition programs with investments
over $300,000,000 in lifecycle costs as well as some special interest
programs/projects. In order to monitor the Department’s acquisition
review process, the Committee directs the Secretary to provide a
quarterly status report on major acquisitions in excess of
$300,000,000. These reports shall include a description of each acquisition and whether it has been approved by the Acquisition Review Board [ARB], is currently being reviewed by the ARB, is
scheduled for review or a follow-up review by the ARB, and whether the relevant DHS component has begun submitting monthly
periodic reports and the results of the monthly updates. In addition, the report shall include information on acquisitions that are
not meeting cost, schedule, or performance parameters, including
an explanation of why, and corrective measures implemented or
planned. These reports are also to address the extent to which the
Department has sufficient personnel to execute the acquisition re-

16
view process, and if not, its plans for fulfilling staffing requirements.
OVER-RELIANCE ON CONTRACTORS

The Committee continues to be concerned with the Department’s
reliance on contractors to perform functions more appropriate for
in-house Federal employees or to perform functions closely supporting inherently governmental functions. Without stronger oversight, the risk of Government decisions being influenced by, rather
than independent from, contractor judgments increases. The Department has launched a comprehensive workforce data call to examine and balance workforce requirements and, where appropriate,
to convert contractors to in-house resources. Results of this review
are expected in July 2009. The Committee directs the Undersecretary for Management to brief the Committee no later than August
14, 2009, on the findings of this review, including plans for contract
conversions in fiscal year 2010 and associated savings.
OTHER TRANSACTION AUTHORITY

The Committee directs the Chief Procurement Officer to ensure
that all employees working on Federal contracts have ‘‘Other
Transaction Authority’’ training.
OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER

The Committee recommends $43,604,000 and 89 FTE for the Office of the Chief Human Capital Officer [OCHCO], $4,777,000
above the fiscal year 2009 level and $800,000 below the budget request due to the delay in filling full-time permanent positions within this office. As of April 25, 2009, the OCHCO was 44 percent
below funded staffing levels. Funds for contractors should be limited as right-sizing OCHCO with Federal employees is a top priority.
The Committee notes that hiring services being performed by the
OCHCO on behalf of headquarters components is beginning to improve. However, significant progress remains necessary. Therefore,
the Committee continues a requirement for the OCHCO to provide
monthly reports on vacancies for each office OCHCO services, including the amount of time it takes to hire and seat an employee
once a vacancy is announced. The report shall provide an explanation for hiring delays and steps being taken or planned to correct
the delays. The Office of Security shall contribute to this report by
including progress made to reduce the security clearance backlog
and whether the 15-day standard for suitability reviews is being
met.
The OCHCO shall also provide a report no later than 60 days
after the date of enactment of this act on its fiscal year 2009 performance for metrics established by DHS, which are: the ability to
meet the Office of Personnel Management 45-day hiring standard;
an attrition rate for senior executive personnel 10.5 percent or
lower; a number of civilian employees serving in the DHS interagency and interdepartmental Rotation Training Program of 530 or
higher; favorable responses by DHS employees on the Federal
Human Capital Survey of 51 percent or higher; and a percent of

17
civilian employees in designated positions that are qualified as National Security Professionals of 30 percent or higher.
A general provision is included in the bill prohibiting funds for
the development, testing, deployment, or operation of any portion
of a human resources management system authorized by 5 U.S.C.
9701(a), or by regulations prescribed pursuant to such section, for
an ‘‘employee’’ as defined in 5 U.S.C. 7103(a)(2).
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER

The Committee recommends $98,491,000, an increase of
$48,064,000 above the fiscal year 2009 level and $26,000,000 below
the budget request. This amount includes the transfer of
$10,809,000 and 5 FTE to the Office of Operations Coordination
and Planning for the Business Continuity Operations and Emergency Preparedness function. Realigning this function will concentrate internal DHS continuity functions into one office. The
Committee recommends $5,000,000 for continued facilities maintenance and upgrades at the Nebraska Avenue Complex. Due to consistent availability of carryover funds, this amount is $1,000,000
below the request. The Committee recommends $50,000,000 for the
DHS Lease Consolidation Project, $25,000,000 below the request.
These funds will allow the Department to begin consolidating
leased facilities not moving to the St. Elizabeths campus. Currently
DHS headquarters are located in over 40 fragmented locations in
105 lease arrangements. The goal is to consolidate these to fewer
than 10 leases. However, until a prospectus is submitted and approved by Congress, the full cost and scope of this project is unknown.
DHS CONSOLIDATED HEADQUARTERS PROJECT

The Committee continues to support the Department’s efforts to
construct a consolidated headquarters. DHS is spread throughout
more than 40 locations and 70 buildings across the National Capital Region making communication, coordination, and cooperation
between DHS components a significant challenge. Between appropriations to the General Services Administration and the Department of Homeland Security, over $1,100,000,000 has been appropriated for this project, including $650,000,000 in the Stimulus Act.
These funds fully cover requirements for fiscal year 2010. The
Committee directs the Department to continue periodic briefings on
the consolidation project.
OFFICE

OF THE

CHIEF FINANCIAL OFFICER

Appropriations, 2009
.............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$55,235,000
65,530,000
63,530,000

The Office of the Chief Financial Officer is responsible for the fiscal management and financial accountability of the Department of
Homeland Security. The Office of the Chief Financial Officer provides guidance and oversight of the Department’s budget execution
while ensuring that funds are allocated and expended in accordance with relevant laws and policies. The specific activities funded
by this account include the Budget Division, Office of Performance

18
Analysis and Evaluation, Office of Financial Management, Resource Management Transition Office, and the Office of the Government Accountability Office/Office of Inspector General Liaison.
COMMITTEE RECOMMENDATION

The Committee recommends $63,530,000 for the Office of the
Chief Financial Officer [OCFO], an increase of $8,295,000 from the
fiscal year 2009 level and $2,000,000 below level proposed in the
budget request. The recommendation includes $1,608,000 to annualize 15 FTE funded in fiscal year 2009; $499,000 for pay adjustments; $1,793,000 for Working Capital Fund increases; and
$4,395,000 to improve financial accountability. The Committee supports Program Analysis and Evaluation efforts to conduct independent program analyses of selected DHS programs. As the Department builds on this capability, the Committee encourages the
OCFO to do so with permanent Federal employees to the maximum
extent practicable. The OCFO shall periodically brief the Committee on outcomes of the selected studies and their impact on resource decisions.
TRANSFORMATION AND SYSTEMS CONSOLIDATION

The Committee recommendation includes $19,200,000 for the
OCFO to migrate DHS component financial systems to a shared
software baseline known as TASC. This effort will consolidate 13
separate DHS financial management systems, resulting in multiple
business processes and accounting lines. These separate systems do
not provide consistent internal controls over financial reporting.
The Committee expects a full migration plan to be submitted to the
Committee no later than 60 days after the date of enactment of
this act.
ANNUAL APPROPRIATIONS JUSTIFICATIONS

The Committee directs the OCFO to ensure annual appropriations justifications are prepared for each component within the Department in support of the President’s budget, as submitted under
section 1105(a) of title 31, United States Code. The OCFO is directed to include detailed information by appropriations account,
program, project, and activity, on all reimbursable agreements, and
significant uses of the Economy Act for each fiscal year. Additionally, the OCFO shall ensure that the congressional justifications for
the Department accompanying the President’s fiscal year 2011
budget request include a status report of overdue Committee reports, plans, and other directives. One standard format needs to be
adopted by all offices and agencies and inserted in the justifications
reflecting the status of congressional directives for each of fiscal
years 2007 through 2010.
BUDGET EXECUTION AND STAFFING REPORT

The Committee includes bill language requiring the Department
to continue submitting to the House and Senate Committees on Appropriations a monthly budget execution report showing the status
of obligations and costs for all components of the Department and
on-board staffing levels (Federal employees and contractors). The

19
report shall include the total obligational authority appropriated
(new budget authority plus unobligated carryover), undistributed
obligational authority, amount allotted, current year obligations,
unobligated authority (the difference between total obligational authority and current year obligations), beginning unexpended obligations, year-to-date costs, and ending unexpended obligations. This
budget execution information is to be provided at the level of detail
shown in the tables displayed at the end of this report for each departmental component and the Working Capital Fund. This report
shall be submitted no later than 45 days after the close of each
month.
EXPENDITURE PLANS

The Committee continues requiring expenditure plans for specific
DHS programs. These plans are intended to provide Congress with
information to effectively oversee a particular program and hold
the Department accountable for program results. Expenditure
plans required by the Committee shall include, at a minimum: a
description of how the plan satisfies any relevant legislative conditions for the expenditure plan; planned 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

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$272,169,000
338,393,000
338,393,000

The Office of the Chief Information Officer is responsible for
oversight of information technology [IT] development, oversight of
IT acquisition, alignment of IT systems and infrastructure to the
enterprise architecture to support the missions and activities of the
Department.
COMMITTEE RECOMMENDATIONS

The Committee recommends $338,393,000, of which $86,912,000
is for salaries and expenses, and $251,481,000 is to be available
until expended for Department-wide technology investments overseen by the Office of the Chief Information Officer [CIO]. The recommendation is an increase of $66,224,000 from the fiscal year
2009 level and the same level as proposed in the budget request.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]

Salaries and Expenses ...............................................................................
Information Technology Services ...............................................................

Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

86,928
44,945

86,912
51,417

86,912
51,417

20
OFFICE OF THE CHIEF INFORMATION OFFICER—Continued
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Security Activities ......................................................................................
Homeland Secure Data Network ................................................................

92,623
47,673

152,403
47,661

152,403
47,661

Total, Office of the Chief Information Officer .............................

272,169

338,393

338,393

SALARIES AND EXPENSES

The Committee recommendation includes $86,912,000 as requested in the budget, to provide oversight of technology management, shared services, and acquisition strategy for the Department.
EXPENDITURE PLAN

The Committee has again included bill language requiring an expenditure plan be submitted to the Committees on Appropriations
within 60 days of enactment of this act. The Committee notes that
8 months into fiscal year 2009 the expenditure plan for the current
year has not been submitted. It is difficult to evaluate the operations and projects of the CIO in the absence of any information
about current-year plans.
INFORMATION TECHNOLOGY SERVICES

The Committee recommendation includes $51,417,000 for Information Technology Services, as requested in the budget. Consistent
with the request, $6,700,000 is recommended for communications
security modernization. The Department must replace 15,000
pieces of communications security equipment that will be de-certified for continued use as of December 31, 2009. These funds will
purchase equipment that meets the new certification requirements,
provide training to employees, and provide for operation and maintenance costs.
ACQUISITION REVIEW BOARD

Under Acquisition Directive 102–01, the CIO is responsible for
ensuring that approved IT acquisitions comply with departmental
IT management processes, technical requirements, and approved
Enterprise Architecture. As part of this process, the committee expects the CIO to certify that all level 1 IT acquisitions include: a
risk management process that regularly and proactively identifies,
evaluates, mitigates, and monitors risks throughout the system life
cycle and an independent verification and validation process.
SECURITY ACTIVITIES

The Committee recommendation includes $152,403,000 for Security Activities, as requested in the budget. Consistent with the request, the recommended amount includes: $10,400,000 for network
security enhancement; $8,400,000 for Internet gateway enhancements; and $4,200,000 to initiate the application integration for the
single sign-on project. The Committee believes these are all vital
investments necessary to ensure that a mature infrastructure is in
place that meets the Departments needs. The Department is di-

21
rected to continue to provide quarterly briefings to the Committee
on the progress on implementing OneNet, and to include a scorecard on migration to Networx.
DATA CENTER DEVELOPMENT

The Committee recommendation includes not less than
$82,788,000 within Security Activities for data center development,
as requested in the budget. This includes not less than $38,540,145
for power capabilities upgrades at Data Center One. According to
the Secretary’s response submitted following the Senate Appropriations, Subcommittee on Homeland Security hearing on May 13,
2009, the request includes funding for the following upgrades:
$12,600,995 for Power Upgrade Phase II—Upgrade Electrical Service, Entrance, Additional Switchgear, Expand Zones E and F to 2.8
Megavolt Amperes; $14,439,150 for Power Upgrade Phase III—
Electrical upgrade, 5th UPS/zone, 2 Additional Generators;
$11,500,000 for Power Upgrade Phase IV—Tier III Mechanical, 2
Additional Chillers, 4 Additional Generators.
The Committee strongly supports the effort included in the request to move forward with data center consolidation. Consolidating services into two data centers will enable DHS to effectively
monitor all IT systems for compliance while reducing the risk of
vulnerabilities in information systems in a cost-effective and sustainable manner. As DHS pursues this effort, it is essential to simultaneously fill both centers, so that disaster recovery may be
properly addressed. Disaster recovery shortfalls have been cited in
two consecutive DHS Inspector General [IG] reports. As noted in
the April 2009 report ‘‘DHS’s Progress in Disaster Recovery Planning for Information Systems’’, DHS addressed the recommendations from the 2005 IG report by allocating the funds needed to implement an enterprise-wide disaster recovery program for mission
critical systems. ‘‘Specifically, DHS has allocated funding and established two data centers as part of its strategy to mitigate disaster recovery deficiencies.’’ In order to provide DHS with the necessary resources to continue rectifying these deficiencies, the Committee has included resources in the appropriate component accounts.
Consistent with section 888 of Public Law 107–296, the Committee instructs the Department to implement the consolidation
plan in a manner that shall not result in a reduction to the Coast
Guard’s Operations Systems Center mission or its Government-employed or contract staff levels. A general provision is included for
this purpose.
HOMELAND SECURE DATA NETWORK

Included in the amount recommended by the Committee is
$47,661,000, as requested in the budget, for the Homeland Secure
Data Network.
FEDERAL INFORMATION SECURITY MANAGEMENT ACT

The Committee continues to be concerned with departmental
compliance with the Federal Information Security Management
Act. The most recent scorecard provided to the Committee shows

22
an overall B∂ for the Department. While the Committee compliments the Department on this score, the following components
all received F’s: U.S. Customs and Border Protection, Domestic Nuclear Detection Office, Intelligence and Analysis, Office of Inspector
General, Operations and Coordination, and Science and Technology. The CIO, accompanied by the appropriated component CIO,
shall brief the Committee no later than 60 days after the date of
enactment of this act on the Department’s plan to improve these
scores, including necessary resources.
ANALYSIS

AND

OPERATIONS

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$327,373,000
357,345,000
347,845,000

The account supports activities to improve the analysis and sharing of threat information, including activities of the Office of Intelligence and Analysis [I&A] and the Office of Operations Coordination.
COMMITTEE RECOMMENDATION

The Committee recommends $347,845,000 for Analysis and Operations. This is an increase of $20,472,000 from the fiscal year 2009
level and a decrease of $9,500,000 from the budget request. The details of these recommendations are included in a classified annex
accompanying this report.
DHS INTELLIGENCE EXPENDITURE PLAN

The Secretary has failed to submit an expenditure plan for fiscal
year 2009 mandated in the joint explanatory statement accompanying Public Law 110–329. This plan is an essential document
to help the Committee assess whether the I&A is fulfilling its mission. The delay in submitting this plan as well as the required
State and Local Fusion Center quarterly reports is unacceptable.
This matter is addressed in the classified annex accompanying this
act. The Committee requires the Secretary to submit an expenditure plan for fiscal year 2010 no later than February 5, 2010.
The plan shall include the following: (1) fiscal year 2010 expenditures and staffing allotted for each program as compared to each
of years 2008 and 2009; (2) all funded versus on-board positions,
including FTE, contractors, and reimbursable and non-reimbursable detailees; (3) an explanation for maintaining contract staff in
lieu of Government FTE; (4) a plan, including dates or timeframes
for achieving key milestones, to reduce the office’s reliance on contract staff in lieu of Federal FTE; (5) funding, by object classification, including a comparison to fiscal years 2008 and 2009; and (6)
the number of I&A funded employees supporting organizations outside I&A and within DHS.
STATE AND LOCAL FUSION CENTERS

The Committee directs the Department’s Chief Intelligence Officer to continue quarterly updates to the Committees on Appropriations that detail progress in placing DHS intelligence professionals
in State and local fusion centers. These reports shall include: the

23
qualification criteria used by DHS to decide where and how to
place DHS intelligence analysts and related technology; total Federal expenditures to support each center to date and during the
most recent quarter of the current fiscal year, in the same categorization as materials submitted to the Committees on Appropriations on March 23, 2007; the location of each fusion center, including identification of those with DHS personnel, both operational and planned; the schedule for operational stand-up of
planned fusion centers and their locations; the number of DHSfunded employees located at each fusion center, including details
on whether the employees are contract or Government staff; the
privacy protection policies of each center, including the number of
facility personnel trained in Federal privacy, civil rights, and civil
liberties laws and standards; and the number of local law enforcement agents at each center approved or pending approval to receive
and review classified intelligence information.
OFFICE

OF THE

FEDERAL COORDINATOR
REBUILDING

FOR

GULF COAST

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee Recommendation ................................................................

$1,900,000
2,000,000
2,000,000

The Office of the Federal Coordinator for Gulf Coast Rebuilding
was established to further strengthen Federal support for the recovery and rebuilding of the gulf coast region affected by Hurricane
Katrina and Hurricane Rita.
COMMITTEE RECOMMENDATION

The Committee recommends $2,000,000 for the Office of the Federal Coordinator for Gulf Coast Rebuilding the same as the budget
request level and $100,000 above the fiscal year 2009 level. The Office is directed to remain open until at least the end of fiscal year
2009. The Office is directed to provide a fiscal year 2010 expenditure plan no later than November 30, 2009. The expenditure plan
should clearly articulate how the Office will proactively help the
gulf coast, including supporting Federal agency cooperation, and
promoting expedited housing solutions.
The Committee encourages the Office of the Federal Coordinator
for Gulf Coast Rebuilding 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.
OFFICE
2009 1

OF INSPECTOR

GENERAL

Appropriations,
...........................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation 2 ...............................................................
1 Excludes
2 Excludes

$98,513,000
127,874,000
115,874,000

$16,000,000 made available from FEMA Disaster Relief in Public Law 110–329.
$16,000,000 made available from FEMA Disaster Relief.

This account finances the Office of Inspector General’s activities,
including audits, inspections, investigations and other reviews of

24
programs and operations of the Department of Homeland Security
to promote economy, efficiency, and effectiveness and to prevent
and detect fraud, waste, and abuse.
COMMITTEE RECOMMENDATIONS

The Committee recommends $115,874,000 for the Office of Inspector General [OIG] for fiscal year 2010, $17,361,000 above the
fiscal year 2009 level. In addition, the Committee includes bill language transferring $16,000,000 needed by the OIG for audits and
investigations related to natural disasters from the Disaster Relief
Fund [DRF]. The OIG is required to notify the Committee no less
than 15 days prior to all transfers from the DRF. When combined,
the recommendation exceeds the request by $4,000,000. Included in
the funding are resources for U.S. Customs and Border Protection
[CBP] revenue oversight.
The Committee is pleased that the Secretary, pursuant to Public
Law 110–161, established a direct link to the DHS OIG on the
DHS website. The Committee directs the Secretary to update and
maintain the website.
INTEGRITY OVERSIGHT

Since fiscal year 2006, at Congress’ initiative, U.S. Immigration
and Customs Enforcement [ICE] has increased staffing 17 percent
and CBP has increased staffing 33 percent. This is an increase of
over 20,000 new agents. The Committee is concerned due to the
rapid hiring in CBP and ICE that there is the potential for increased corruption. To avoid corruption and misconduct it is imperative that all agents, especially new hires, receive comprehensive
training in ethics and public integrity. The OIG provides ethics
training to all agencies and is in charge of investigating all allegations of criminal misconduct throughout the Department. It is essential that the OIG, CBP, and ICE work jointly and cooperatively
to combat corruption. In order to prevent corruption and misconduct, the Committee provides the OIG with the necessary funding for investigations.

TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS

AND

BORDER PROTECTION

SUMMARY

U.S. Customs and Border Protection is responsible for enforcing
laws regarding admission of foreign-born persons into the United
States, and ensuring that all goods and persons entering and
exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $11,601,990,000,
including direct appropriations of $10,169,990,000 and estimated
fee collections of $1,432,000,000.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
U.S. CUSTOMS AND BORDER PROTECTION—FUNDING SUMMARY
[In thousands of dollars]
Fiscal year 2009
enacted 1

Appropriations:
Salaries and Expenses 2 .......................................................
Automation Modernization ....................................................
Border Security Fencing Infrastructure, and Technology
[BSFIT] 3 ............................................................................
Air and Marine Interdiction, Operations, Maintenance, and
Procurement ......................................................................
Construction and Facilities Management 4 ..........................

Fiscal year 2010
budget request

Committee
recommendations

7,763,206
511,334

7,623,068
462,445

8,075,649
462,445

875,000

779,452

800,000

528,000
823,201

505,826
678,633

515,826
316,070

Total, Appropriations ........................................................

10,500,741

10,049,424

10,169,990

Estimated fee collections:
Immigration inspection user fees .........................................
Immigration enforcement fines ............................................
Land border inspection fees .................................................
COBRA fees ...........................................................................
APHIS inspection fees ...........................................................
Puerto Rico Trust Fund .........................................................
Small airport user fee ..........................................................

570,059
3,331
26,880
410,666
333,433
96,719
7,057

584,000
5,000
30,000
393,000
320,000
92,000
8,000

584,000
5,000
30,000
393,000
320,000
92,000
8,000

Total, Estimated fee collections .......................................

1,448,145

1,432,000

1,432,000

Total, U.S. Customs and Border Protection, Available
Funding ........................................................................

11,948,886

11,481,424

11,601,990

1 Includes

$680,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5).
2 Includes $160,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) for tactical communications
and non-intrusive inspection equipment.
3 Includes $100,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) for border security technology.
4 Includes $420,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) for construction at ports of
entry.

(25)

26
SALARIES AND EXPENSES

Appropriations, 2009 1 ...........................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$7,763,206,000
7,623,068,000
8,075,649,000

1 Includes $160,000,000 provided in the American Recovery and Reinvestment Act of 2009
(Public Law 111–5).

The U.S. Customs and Border Protection [CBP] Salaries and Expenses appropriation provides funds for border security, immigration, customs, agricultural inspections, regulating and facilitating
international trade, collecting import duties, and enforcing U.S.
trade laws. In addition to directly appropriated resources, fee collections are available for the operations of CBP from the following
sources:
Immigration Inspection User Fees.—CBP collects user fees to
fund the costs of international inspections activities at airports and
seaports, as authorized by the Immigration and Nationality Act (8
U.S.C. 1356).
Enforcement Fines.—CBP collects fines from owners of transportation lines and persons for unauthorized landing of aliens, as authorized by the Immigration and Nationality Act (8 U.S.C. 1356).
Land Border Inspections Fees.—CBP collects fees for processing
applications for the Dedicated Commuter Lanes program, the Automated Permit Ports program, the Canadian Border Boat Landing
program, and both Canadian and Mexican Non-Resident Alien Border Crossing Cards, as authorized by the Immigration and Nationality Act (8 U.S.C. 1356).
Consolidated Omnibus Budget Reconciliation Act [COBRA]
Fees.—CBP collects fees for inspection services involving customs
related functions. The COBRA user fee statutory authority (19
U.S.C. 58c) specifies the types of expenses to be reimbursed and
the order for the reimbursement of these types of expenses.
Animal and Plant Health Inspection Service Inspection Fees.—
CBP receives as a transfer a distribution of agriculture inspection
fees collected by the United States Department of Agriculture. The
user fees, as authorized by the Food, Agriculture, Conservation,
and Trade Act of 1990 (21 U.S.C. 136), are charged to offset costs
for the services related to the importation, entry, or exportation of
animals and animal products.
Puerto Rico Trust Fund.—Customs duties, taxes, and fees collected in Puerto Rico by CBP are deposited in the Puerto Rico
Trust Fund. After providing for the expenses of administering CBP
activities in Puerto Rico, the remaining amounts are transferred to
the Treasurer of Puerto Rico pursuant to 48 U.S.C. sections 740
and 795.
Small Airport User Fee.—The User Fee Airports Program authorized under 19 U.S.C. 58b and administered under 19 U.S.C.
58c(b)(9)(A)(i), authorizes inspection services to be provided to participating small airports on a fully reimbursable basis. The fees
charged under this program are set forth in a memorandum of
agreement between the small airport facility and the agency, and
may be adjusted annually as costs and requirements change.

27
COMMITTEE RECOMMENDATIONS

The Committee recommends $8,075,649,000 for salaries and expenses of U.S. Customs and Border Protection [CBP] for fiscal year
2010, including $3,226,000 from the Harbor Maintenance Trust
Fund. Included in this amount is a decrease of $432,959,000 in termination of one-time costs, and an increase of $412,246,000 in
annualizations of prior year funding, the fiscal year 2009 pay raise,
and the fiscal year 2010 pay raise. The Committee includes bill language making available up to $150,000 for payment for rental
space for preclearance operations; and $1,000,000 for payments to
informants. The Committee also includes bill language placing a
$35,000 annual limit on overtime paid to any employee, and making $1,700,000 available until expended for the Global Advanced
Passenger Information/Passenger Name Record program.
COMBATING SOUTHBOUND SMUGGLING

Seizure data over the past 2 fiscal years demonstrate an increasing threat for weapons and currency smuggling outbound to Mexico. In fiscal year 2007, CBP initiated 353 southwest seizures totaling $13,700,000 in currency and 316 weapons. In fiscal year 2008,
there were 450 outbound currency seizures totaling $12,500,000
and 257 weapons seizures. The President’s budget request included
a total of $45,834,000 and 254 positions for new border security
personnel and technology to further address this threat. This is an
increase of $26,132,000 and 125 positions over last year’s level and
includes 65 new CBP officers, 44 Border Patrol agents, and 16 support staff. It also expands CBP’s license plate reader program to 58
outbound lanes on the Southwest border, to begin providing readers to all 110 outbound traffic lanes on the Southwest border.
The Committee is pleased the budget proposes to expand CBP
southbound border enforcement efforts to combat the smuggling of
firearms and currency to Mexico, which in turn fuels the drug cartel violence and the pressure to increase smuggling of illegal drugs
and aliens into this country. The Committee recommends
$40,000,000, $13,868,000 above the amount requested in the budget, for this activity. The increase above the request will provide
CBP with an additional 114 CBP positions to provide CBP with
greater flexibility to expand southbound operations. The Committee
also recommends an additional $40,000,000 to competitively procure additional non-intrusive inspection equipment. Of these funds,
$20,000,000 shall be for equipment to be used by the Border Patrol
in support of checkpoint operations and $20,000,000 shall be for
equipment to be used by the Office of Field Operations at locations
along the Southwest border. Prior to the obligation of these additional funds, the Committee directs the Secretary to submit an expenditure plan to the Committees on Appropriations not later than
60 days after the date of enactment.
The Committee is pleased with the greatly enhanced working relationship that has been developed with the Government of Mexico
and its border and customs law enforcement agencies as our two
countries jointly battle the scourge of drug-related violence. The
Committee encourages CBP and the other DHS components to explore and implement ways to expand on this relationship.

28
BORDER PATROL AGENTS

Since Congress began increasing the size of the Border Patrol by
funding the hiring of 500 new agents in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror,
and Tsunami Relief, 2005 (Public Law 109–13), a total of 9,200 new
Border Patrol agents, and attendant support positions, will have
been funded and hired through the end of fiscal year 2009. The
Congress strongly supports the Border Patrol mission of securing
our borders and fully funds the fiscal year 2010 request.
Included in the amount recommended by the Committee for ‘‘Border Security and Control’’ is a total of $3,525,008,000, 22,800 positions, and 22,774 FTE, $20,000,000 above the request. The amount
above the request is for non-intrusive inspection equipment for use
by the Border Patrol in doing southbound enforcement discussed
earlier in this section. This is an increase of $98,553,000 over the
fiscal year 2009 level. These funds provide the full funding necessary for 20,063 Border Patrol agents and the attendant support
positions, as compared with 12,349 agents on board at the beginning of fiscal year 2007.
BORDER PATROL AGENTS ON THE NORTHERN BORDER

As of April 25, 2009, there were 1,525 Border Patrol agents assigned to the Northern border. The Chief of the Border Patrol,
working with the Northern border sector chiefs, has developed a
staffing plan to increase the agents on the Northern border by the
end of fiscal year 2010 to 2,212 Border Patrol agents. The Committee has been assured that this increase is attainable and will
represent a 700 percent increase in manpower from pre-2001 staffing levels. The Border Patrol will continue to use the Border Patrol
Agent Intern Program, fully funded relocations, the Voluntary Relocation Program, and the reinstatement of prior agents to meet
this goal.
The Committee is aware of the continued difficulty the Border
Patrol is experiencing in recruiting agents to transfer to the Northern border. Agents have experienced difficulties selling houses on
the Southern border and, in certain more remote Northern locations, there is a lack of infrastructure to support agents with young
families. The Committee directs CBP and the Office of the Border
Patrol to develop a strategy to address these issues and brief the
Committee on its findings and requirements no later than 60 days
after the date of enactment of this act.
MISSION SUPPORT PERSONNEL

Operation Jump Start was a 2-year effort which involved the deployment of 6,000 National Guardsmen and women on the Southwest border to perform Border Patrol support activities while additional Border Patrol agents were hired. This permitted more Border Patrol agents to actually patrol the border. As discussed above,
while the agent hiring targets will be met this year, CBP failed to
aggressively hire mission support personnel during the same timeframe. Jump Start ended July 15, 2008, and with the loss of the
National Guard’s support, many agents have reverted to performing mission support activities. Congress has provided the re-

29
sources to hire mission support personnel and the Committee directs CBP in the strongest terms possible to hire these individuals
so that the Border Patrol agents can return to their proper role of
securing the border.
CONDUCT AND INTEGRITY OVERSIGHT

Over the last 4 years, CBP has hired over 14,000 new personnel,
a 33 percent increase since fiscal year 2006. The Committee notes
that CBP conducted a total of 606 internal affairs investigations in
fiscal year 2007. That number jumped to 992 investigations the following fiscal year. To date this fiscal year, CBP has conducted 682
investigations. With a workforce of over 56,000 employees, of whom
40,000 are sworn law enforcement agents, 720 current and former
employees have been arrested for criminal misconduct since October 1, 2006. Of these, 46 individuals have been arrested for mission
critical corruption charges. In order to support long-term border security efforts and prevent internal fraud, the Committee believes it
is important to keep in front of any possible increase in workforce
fraud by hiring additional agents who will investigate cases of
fraud and other illegal activities and to improve training. The Committee recommends a total of $20,742,000 and 76 FTE to train officers and agents and expand integrity investigations. This is an increase of $1,561,000, and 2 FTE over the fiscal year 2009 level, and
$500,000 and 2 FTE over the request. With these additional funds,
a total of 93 CBP personnel will be on-board and involved in conduct and integrity oversight by the end of fiscal year 2010.
AGRICULTURE SPECIALISTS

The Committee notes that more than 1,800 agricultural specialists have joined CBP since fiscal year 2005. Also, more than 9,600
CBP officers have received basic agriculture training as part of
CBP Integrated Training at the CBP Academy since fiscal year
2004. This training ensures that all CBP officers will be able to
identify a potential agricultural or other anomaly and then refer it
for secondary inspection. Additionally, follow-up training is provided in the field. The Committee notes the significant contribution
made by these specialists to the safety of the Nation’s food and agriculture systems and encourages the Department to provide the
highest standards of training in detecting possible threats to the
Nation’s food supply for all CBP officers.
IMPORT SAFETY AND TRADE ENFORCEMENT

The Committee notes that an Action Plan on Import Safety developed in support of Executive Order 13439 calls for an increase
in staffing levels to carry out commercial operations and adequately staff priority trade areas. The Committee includes
$9,340,000 and 103 positions, as requested by the President.
LAW ENFORCEMENT OFFICER RETIREMENT

The Committee recommends $225,000,000, as requested, to fully
fund the law enforcement officer retirement program for CBP officers enacted into law in section 535 of Public Law 110–161.

30
AIR AND MARINE STAFFING

Included in the amount recommended by the Committee is a
total of $309,629,000, 2,015 positions, and 1,943 FTE. This represents an increase of $19,115,000, 144 positions, and 72 FTE,
above the fiscal year 2009 level, as requested in the budget. This
includes 88 additional law enforcement and 56 support personnel
at our Northern, coastal, and Southeast/Caribbean borders and
builds on the Congress’s multi-year effort to add resources to protect our land and marine borders.
WESTERN HEMISPHERE TRAVEL INITIATIVE

The Western Hemisphere Travel Initiative [WHTI] became fully
operational on June 1, 2009. In order to ensure that progress continues to be made on this program, the Committee recommends a
total of $144,936,000 and 294 positions, as requested in the budget.
This is an increase above the fiscal year 2009 level of $20,900,000,
89 positions, and 45 FTE. The Committee directs the Office of Policy to provide semiannual briefings on the status of WHTI implementation beginning no later than 30 days after the date of enactment of this act.
SECURITY AND TARGETING SYSTEM ENHANCEMENTS

The Committee notes the President’s budget proposed increases
to enhance various CBP security and targeting systems. The Committee includes $8,000,000, as requested, for cyber security and
passenger information system upgrades, and a total of $26,355,000
and 153 positions, as requested, for personnel to analyze and employ information and intelligence. This is an increase of $2,848,000
and 22 positions over the fiscal year 2009 level for the last activity.
DATA CENTER MIGRATION

As part of the Department-wide effort to assign data center migration funding to the component agencies which will be migrating,
the Committee provides $33,650,000, in new funding to support
CBP’s portion of this activity in fiscal year 2010, $5,000,000 less
than the request. The funds are reduced as not all of the proposed
activities would be accomplished in fiscal year 2010.
UNACCOMPANIED ALIEN CHILDREN

The Committee notes the request includes no additional funding
for CBP’s role in caring for and transporting unaccompanied alien
children [UACs] to Office of Refugee Resettlement custody upon
their apprehension by CBP officers or agents. The conference report accompanying the ‘‘Supplemental Appropriations Act, 2009’’
included $6,200,000 for CBP for this purpose based upon estimated
increased UAC requirements resulting from the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110–457). While the Committee provides no additional
funding for this activity for fiscal year 2010, the Committee directs
CBP to report not later than March 31, 2010, on the actual fiscal
year 2009, and estimated fiscal year 2010, costs of care and transportation of UACs.

31
TECHNOLOGY OVERSIGHT

The Committee recommends an additional $950,000, 9 positions,
and 5 FTE above the request for the Office of Information Technology for additional program oversight personnel for large information technology development programs. Without adequate oversight during the early phases of complex development programs,
the Committee is concerned that programs can easily go off course,
cost more, and take years longer than originally planned. The
Automated Commercial Environment [ACE] development program
is a prime example. With the additional resources provided, it is
expected that CBP will devote three program control positions to
oversight of ACE, three program control positions to TECS Modernization, and the remaining three positions to the Secure Border
Initiative and Tactical Communications.
INTELLECTUAL PROPERTY RIGHTS

The Committee believes 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
an IPR component as a part of the Importer Self Assessment program, and a timeline for expanding post audit review for IPR.
CBP’s on-line recordation process allows rights owners to electronically record their trademarks and copyrights with CBP, and
makes IPR recordation information readily available to CBP personnel, facilitating IPR seizures by CBP. CBP uses this recordation
information to actively monitor shipments and prevent the importation or exportation of infringing goods. CBP allows rights owners
who have registered trademarks with the Office of Patent and
Trademark [PTO] and copyrights with the Office of Copyright [CO]
to record their rights with CBP.
While CBP enforces both recorded and non-recorded trademarks
and copyrights, enforcement of recorded trademarks and copyrights
takes precedence over those that are not recorded with CBP. Given
the precedence that CBP places on recorded trademarks and copyrights, it is disturbing that CBP has accomplished so little in establishing electronic links between the systems maintained by the
PTO and the CO to ease the recordation process for trademark and
copyright holders. Therefore, from within the ‘‘Salaries and Expenses’’ account request for the Office of Information Technology,
$3,000,000 is for developing and implementing an opt-in or voluntary automated link between the Intellectual Property Rights eRecordation online system and systems maintained by PTO and
CO to allow rights holders to elect to record their rights with CBP.
Further, CBP is directed to submit to the Committees 90 days after
the date of enactment of this act, a schedule with major milestones
for the project.

32
COMPLIANCE REVIEWS

CBP is directed to submit by December 15, 2009, a report on
compliance reviews conducted on bonded warehouses and foreign
trade zones. The report should include: the frequency of reviews,
percentage of warehouses and trade zones reviewed each year,
types of reviews conducted, and the frequency of adverse actions.
CONTROL OF INVASIVE PLANT SPECIES

CBP shall provide semi-annual briefings to the Committee on the
progress made in implementing the strategy contained in the Plan
to Control Invasive Plant Species Along the Rio Grande (June 2,
2009), until the completion of the strategy.
ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION

The Committee is concerned that the President’s request does
not reference the need to continue to expand the Electronic System
for Travel Authorization [ESTA] program in order to ensure that
the airlines are fully participating in the program. ESTA, authorized by the 9/11 Act, was developed in order to address a weakness
in our immigration control system that could be exploited by terrorists: the fact that individuals from Visa Waiver Program [VWP] nations are not screened until they arrive at U.S. airports. However,
because the airlines are currently not participating in the program,
CBP has no way to ensure that individuals boarding airplanes from
Visa Waiver nations have been authorized to travel using the
ESTA system.
The Committee directs DHS to submit a strategic plan within 90
days of enactment to the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the
Committee on the Judiciary for fully implementing the ESTA system to ensure that all individuals traveling to the United States
from Visa Waiver nations have their travel authorization verified
prior to boarding an airplane. The strategic plan will include a detailed timeline with the specific actions that will be taken to
achieve the following milestones:
—Enrolling all travelers from VWP nations into the program;
—Incorporating the airlines into the ESTA program;
—Deploying ESTA technology to all VWP originating airports, either through the use of standalone kiosks or through the participation of the airlines;
—Verifying the travel authorizations of all VWP travelers prior
to their boarding an airplane for the United States; and
—Making the program entirely fee-funded.
The ESTA strategic plan should also include an analysis of the
ESTA communications strategy and should make recommendations
for how this strategy can be improved to ensure that all travelers
in VWP nations are aware of the ESTA requirements. This plan
should also review ESTA’s administrative placement within DHS,
its relationship with the VWP office and US-VISIT, and make specific recommendations about how these relationships could be improved and whether merging the office with one of these components could generate efficiencies.

33
FACILITIES MANAGEMENT

The Committee does not include the proposed consolidation of facilities management in a separate account as requested in the
budget. In order to allow CBP more flexibility to address rent management, all funds for rent are consolidated within the ‘‘Headquarters Management and Administration at the Ports of Entry’’,
and ‘‘Headquarters Management and Administration between the
Ports of Entry’’ PPAs. Further, all funds for lease acquisition are
consolidated within the ‘‘Construction and Facilities Management’’
account.
Over time, the PPA structure for CBP, ‘‘Salaries and Expenses’’
has not always met the needs of the Congress for detailed oversight. CBP is directed to submit a report with the fiscal year 2011
President’s budget on a new PPA structure and a detailed office by
office expenditure plan. Taken together these should provide greater detail on the funding of CBP.
The Committee recognizes that passenger vehicle and commercial traffic at the Santa Teresa port of entry have significantly increased, and encourages CBP to extend commercial hours of operation at the port to midnight Monday through Friday and to increase passenger vehicle hours of operations to 24/7 daily.
VEHICLE REPLACEMENT

The Committee is disappointed that the President’s budget request falls more than $59,000,000 and 1,210 vehicles short of meeting the 20 percent vehicle replacement requirement called for in
CBP’s April 30, 2007, Vehicle Fleet Management Plan. That plan
recognized that CBP needs to institute a 5-year fleet replacement
cycle. Given the rugged terrain and extreme conditions in which
many CBP officers and agents work, this is a safety as well as a
management issue. The Committee directs the Department to include in the fiscal year 2011 budget submission sufficient funds as
well as a plan to replace, at a minimum, 20 percent of the vehicle
fleet on an annual basis.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY (INCLUDING 10-PRINT)

The Committee is a strong supporter of the United States Visitor
and Immigrant Status Indicator Technology [US-VISIT] program
and recognizes the benefits it has brought to CBP’s ability to inspect international visitors at the Nation’s ports of entry while improving national security at the same time. Since fiscal year 2003,
US-VISIT has provided funding to CBP for information technology
operations and maintenance. Beginning in fiscal year 2009, CBP
has requested funding for operations and maintenance of US-VISIT
within its budget. Consistent with the budget, this increase to CBP
will provide functionality critical to both US-VISIT and CBP in securing entry to the United States at the ports of entry and providing entry and exit information regarding aliens. The Committee
recommends $64,100,000, as requested in the budget, for this activity.

34
ADVANCED TRAINING CENTER

Included in the amount recommended by the Committee is
$30,300,000, as proposed in the budget, to operate, equip, and provide training at the Advanced Training Center.
Pursuant to Public Law 106–246, the training to be conducted at
the Center shall be configured in a manner so as to not duplicate
or displace any Federal law enforcement program of the Federal
Law Enforcement Training Center [FLETC]. Training currently
being conducted at a FLETC facility shall not be moved to the Center.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT

The Committee has 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; 120 Stat. 154).
The Committee directs 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 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 other relevant agencies, including the Secretaries of
Treasury and Commerce, 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 Committee further directs the Secretary to work with the
Secretary of Commerce to identify opportunities for the Commerce
Department 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.
AGRICULTURAL PESTS

The Committee notes Hawaii’s globally significant natural environment, as well as the State’s important diversified agricultural
industry, are uniquely vulnerable to the introduction of invasive
weeds, animals, insects, and diseases. The Committee expects the
Department to work with the USDA and the Hawaii Department
of Agriculture to share information and expertise to ensure their
respective inspection and quarantine activities provide coordinated
and collaborative biosecurity protection for the State.

35
OUTER CONTINENTAL SHELF

CBP is charged with enforcement of the U.S. cabotage laws. By
virtue of the Outer Continental Shelf Lands Act [OCSLA] (as
amended through Public Law 106–580, December 29, 2000), the
coastwise laws apply to marine transportation between points and
places in the United States, including on the Outer Continental
Shelf [OCS]. There will continue to be significant advances in current offshore energy exploration and production technology aimed
at providing more efficient production in areas where OCS development occurs, while at the same time, changing the face of what offshore production once looked like. It is thus important that CBP
interpret and apply OCLSA correctly.
The prospect of renewable energy development on the OCS continues to show promise as a means of meeting our Nation’s energy
demand. Some of this development will probably occur on the seabed. It is imperative that CBP ensures that the benefits granted
to the U.S. maritime industry under laws established by Congress
are recognized and enforced with respect to any maritime transportation to and from the United States to such installations.
COMMITTEE RECOMMENDATIONS

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
U.S. CUSTOMS AND BORDER PROTECTION—SALARIES AND EXPENSES
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

646,608

522,825

695,294

622,550
60,000

497,675
........................

723,919
........................

1,329,158

1,020,500

1,419,213

2,093,988
3,154
149,450
10,984
64,496

2,255,210
3,226
165,421
11,181
62,612

2,269,078
3,226
165,421
11,181
62,612

11,274
145,944
100,000
32,550
24,481
24,778

11,274
143,563
........................
32,560
26,355
24,778

11,274
163,563
........................
32,560
26,355
24,778

Subtotal, border security inspections and trade facilitation at ports of entry ......................................................

2,721,099

2,736,180

2,770,048

Border security and control between ports of entry:
Border security and control ..............................................................

3,426,455

3,505,008

3,525,008

Salaries and Expenses:
Headquarters Management and Administration:
Management and administration, border security inspections
and trade facilitation ..........................................................
Management and administration, border security and control
between port of entry ..........................................................
Emergency Appropriations (Public Law 111–5) ......................
Subtotal, Headquarters Management and Administration
Border security inspections and trade facilitation at ports of
entry:
Inspections, trade and travel facilitation at ports of entry ...
Harbor maintenance fee collections (trust fund) ....................
International Cargo Screening .................................................
Other international programs ..................................................
Customs Trade Partnership Against Terrorism .......................
Trusted Traveler Program (formerly Free and Secure Trade
[FAST]/NEXUS/SENTRI) .........................................................
Inspection and detection technology investments ..................
Emergency Appropriations (Public Law 111–5) ......................
Systems for targeting ..............................................................
National Targeting Center .......................................................
Training ....................................................................................

36
U.S. CUSTOMS AND BORDER PROTECTION—SALARIES AND EXPENSES—Continued
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Training .............................................................................................

74,815

51,751

51,751

Subtotal, border security and control between ports of entry ....

3,501,270

3,556,759

3,576,759

Air and Marine operations, personnel compensation and benefits ..........

271,679

309,629

309,629

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

7,763,206

7,623,068

8,075,649

Appropriations ..............................................................................
Emergency Appropriations (Public Law 111–5) ...........................

7,603,206
160,000

7,623,068
........................

8,075,649
........................

AUTOMATION MODERNIZATION

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$511,344,000
462,445,000
462,445,000

The automation modernization account includes funds for major
information technology systems and services for U.S. Customs and
Border Protection [CBP], including the Automated Commercial Environment [ACE] and the International Trade and Data System
projects, and connectivity of and integration of existing systems.
COMMITTEE RECOMMENDATIONS

The Committee recommends $462,445,000, to be available until
expended, as proposed in the budget, for automation modernization. The Committee is disappointed the request reduced the resources available to ACE from the fiscal year 2009 level. However,
in light of the continued problems with program oversight, management, and development, the Committee agrees the reduction is appropriate and believes that CBP should take this opportunity to address and resolves these problems.
INTERNATIONAL TRADE DATA SYSTEM

Included in the amount recommended is $16,000,000 for the
International Trade Data System.
EXPENDITURE PLAN

The Committee is pleased with the level of detail and discipline
which has been displayed in recent ACE expenditure plans. The
Committee includes bill language making not less than
$167,960,000 available for development of ACE upon the submission of a comprehensive expenditure plan for the program. The
Committee also expects to continue receiving the ACE quarterly reports.
TECS MODERNIZATION

The Committee is pleased that the TECS (formerly the Traveler
Enforcement and Compliance System) modernization program, conducted jointly with ICE, is proceeding effectively. The Committee
directs CBP and ICE to continue to conduct the semiannual joint
briefings for the Committee.

37
COMMITTEE RECOMMENDATION

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
Fiscal year 2009
enacted

Automated Commercial Environment/International Trade Data
System [ITDS] ............................................................................
Automated commercial system and current operations and processing support ...........................................................................
Total, Automation modernization .....................................

Fiscal year 2010
budget request

Committee
recommendations

316,851

267,960

267,960

194,483

194,485

194,485

511,334

462,445

462,445

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

Appropriations, 2009 1 ...........................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$875,000,000
779,452,000
800,000,000

1 Includes $100,000,000 provided in the American Recovery and Reinvestment Act of 2009
(Public Law 111–5).

The Border Security, Fencing, Infrastructure, and Technology account funds the capital procurement and total operations and
maintenance costs associated with fencing, infrastructure, sensors,
surveillance, and other technology.
COMMITTEE RECOMMENDATION

The Committee recommends $800,000,000, and 200 FTE,
$20,548,000 above the request, for this activity. These additional
funds shall be used to expedite the P25 tactical communications
modernization plan to the next Border Patrol sector in the plan as
well as further the technology design planning efforts for Secure
Border Initiative [SBI] activities in Arizona. The Committee expects that the tactical communications program will continue to be
evaluated and coordinated with the Office of Information Technology funded in ‘‘Salaries and Expenses’’. The expenditure plan for
the use of the recommended $800,000,000 shall provide specific details for these additional activities as well as an evaluation of opportunities to add key technology development and demonstrations
for the launch of Block 2 of the SBI plan.
SECURE BORDER INITIATIVE

The Committee continues to strongly support SBI and the multifaceted approach of securing our borders via a web of pedestrian
fencing, tactical infrastructure, vehicle barriers, ground sensors,
and cameras, in addition to more Border Patrol agents and increased enforcement of our immigration laws. Focusing on only one
of these critical tasks is a recipe for failure. By providing
$800,000,000 for fiscal year 2010, when combined with the total of
$875,000,000 appropriated to this account in fiscal year 2009, the
Committee will have provided over $4,088,017,000 for border security fencing, infrastructure, and technology since fiscal year 2007.

38
Included in the recommendation is $40,000,000 for Northern Border Technology as requested.
Since fiscal year 2006 through the end of May 2009, CBP has increased the miles of Southwest border under effective control from
345 to 697. The Committee supports the Secretary’s continued reconsideration and evaluation of the proper mix of tactical infrastructure, including physical fencing, and technology that will best
meet the operational requirements of the Border Patrol to efficiently and effectively obtain control of our borders. Additionally,
the Committee provides the Secretary with the flexibility to determine the proper mix and location of these border security activities
along the Nation’s borders—Northern, Southern, and maritime.
Again, we must remind all of those involved in this effort, those
who would do us harm will seek entry through other, less secure
parts of our border after tightening security in one location.
The Committee is pleased the new administration is continuing
to support securing the border through the proven triumvirate of
fencing and tactical infrastructure, technology, and boots on the
ground. The new SBI Program Management Office team has taken
a second look at the technology projects and is holding the contractors and other developers to higher standards. These efforts have
pushed back the deployment schedule somewhat, but it is important to get it done right.
MOBILE SURVEILLANCE SYSTEMS

The Committee is aware of the problems encountered in the field
with the Mobile Surveillance Systems [MSS] and encourages CBP
to ensure that the next generation of MSSs acquired are fully
ruggedized and ready to withstand high tempo operations in extreme environments.
EXPENDITURE PLAN

The Committee understands that the new administration needed
to take a fresh look at how the current fiscal year’s funds were
being allocated which resulted in a delay in delivering the legislatively mandated expenditure plan to Congress. However, the Committee expects a timely submission of the plan mandated in this
bill. It is the responsibility of CBP, the Department, and the Office
of Management and Budget to ensure expenditure plans, when submitted, comply with the law.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Development and deployment ........................................................
Operations and maintenance ........................................................
Program management ...................................................................
Emergency Appropriations (Public Law 111–5) ...................

505,000
150,000
120,000
100,000

494,000
200,000
85,452
............................

514,548
200,000
85,452
............................

Total, Border Security Fencing, Infrastructure, and Technology ...........................................................................

875,000

779,452

800,000

39
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$528,000,000
505,826,000
515,826,000

The U.S. Customs and Border Protection [CBP] Air and Marine
Interdiction, Operations, Maintenance, and Procurement [AMO] account funds the capital procurement and total operations and
maintenance costs of the CBP air and marine program and provides support to other Federal, State, and local agencies.
COMMITTEE RECOMMENDATIONS

The Committee recommends $515,826,000, to remain available
until expended, for air and marine interdiction, operations, maintenance, and procurement.
The Committee strongly supports CBP’s efforts to recapitalize its
air and marine assets. Since fiscal year 2005, the Congress has appropriated over $3,074,000,000 to this account. Chief among these
efforts has been the establishment of five northern border air
branches located at strategic locations along the border, the operational testing and procurement of unmanned aerial systems in the
desert Southwest, as well as the testing of these systems in the
maritime environment and the expansion of their use on the northern border, and the new focus on a robust marine program, both
coastal and riverine. Certain gaps remain to be filled, such as facilities improvements at smaller air locations and expansion of the
marine program to additionally planned locations, but progress is
being made. The Committee notes the difficulty in procuring certain types of aircraft and other air systems because of the need to
compete with the Department of Defense for these systems in a
time of war, but AMO has been creative in its use of multi-purchase awards and deserves to be commended.
MARINE VESSELS

Included in the amount recommended by the Committee is a
total of $16,500,000, an increase of $10,000,000 above the request,
for the competitive procurement of additional marine vessels, including interceptors, coastal enforcement craft, and riverine vessels. Prior to the obligation of these additional funds, the Committee directs the Secretary to submit an expenditure plan to the
Committees on Appropriations not later than 60 days after the date
of enactment. Since 2007, combined with these additional resources, air and marine will have increased its marine and riverine
assets by 89 vessels toward a revised strategic investment plan for
253 vessels.
UNMANNED AERIAL SYSTEMS

The Committee notes the important role that CBP’s unmanned
aerial systems [UAS] play in securing our borders. CBP has 6 operational UAS’s, with one more to be purchased before the end of fiscal year 2009, and plans to expand UAS operations into the maritime drug source and transit zones before the end of this fiscal
year. The Committee strongly supports this program and has in-

40
cluded a general provision, as requested, directing the Secretary to
consult with the Secretaries of Defense and Transportation to continue the development of a concept of operations for UASs in U.S.
airspace that was begun during the current fiscal year.
P–3 SERVICE LIFE EXTENSION

The Committee funds the request for two additional P–3 maritime patrol aircraft wing sets as part of the ongoing P–3 service life
extension program. The Committee notes that these aircraft play
a major role in our Nation’s drug and migrant interdiction effort
and is pleased to learn that 9 P–3s will be in operation by the end
of this fiscal year and a total of 11 P–3s will be in operation by
the end of fiscal year 2010.
COMMITTEE RECOMMENDATIONS

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Operations and maintenance ........................................................
Procurement ...................................................................................

380,022
147,978

374,217
131,609

374,217
141,609

Total, Air and Marine Interdiction, Operations, Maintenance, and Procurement ..............................................

528,000

505,826

515,826

CONSTRUCTION AND FACILITIES MANAGEMENT

Appropriations, 2009 1 ...........................................................................
Budget estimate, 2010 2 .........................................................................
Committee recommendation .................................................................

$823,201,000
678,633,000
316,070,000

1 Includes $420,000,000 provided in the American Recovery and Reinvestment Act of 2009
(Public Law 111–5).
2 The budget proposes a new ‘‘Facilities Management’’ account into which all CBP construction, GSA rent, and program management would be funded.

This appropriation provides funding to plan, construct, renovate,
equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to immigration,
customs, and alien registration.
COMMITTEE RECOMMENDATIONS

The Committee recommends $316,070,000 for construction and
facilities management activities of U.S. Customs and Border Protection [CBP], to be available until expended.
FACILITIES MANAGEMENT

The Committee does not include the proposed consolidation of facilities management in a separate account. In order to allow CBP
more flexibility in addressing rent management, all funds for rent
are consolidated within the ‘‘Headquarters Management and Administration at the Ports of Entry’’, and ‘‘Headquarters Management and Administration between the Ports of Entry’’ PPAs. Further, all funds for construction, planning, renovation, equipping

41
and maintaining buildings and facilities, tunnel remediation, and
lease acquisition are consolidated within ‘‘Construction and Facilities Management’’.
ADVANCED TRAINING CENTER

The Committee provides $5,955,000, as requested in the budget,
for maintenance, repairs, and operations activities for the Advanced Training Center [ATC]. The Committee also recommends
$39,700,000 to equip, furnish, and expand the Leadership Academy
as envisioned in the ATC Master Plan which was submitted to the
Committee on April 4, 2007, by the Department of Homeland Security Under Secretary for Management. The ATC opened in September 2005. It provides advanced training to more than 3,200
CBP law enforcement personnel, managers, and supervisors per
year and will train approximately 4,000 per year by the end of
2010.
BORDER FACILITIES CONSTRUCTION BACKLOG

The Congress provided a total of $720,000,000 in the Stimulus
Act to address the more than $6,500,000,000 backlog in port of
entry [POE] construction. Additionally, Congress has appropriated
more than $597,220,000 in construction funds to address the Border Patrol’s requirements for more space resulting from the significant increase in agents in the past 5 years. The Committee is disappointed that no new construction projects were requested in the
budget. These ports are vital to the Nation’s economy and imports
from Mexico and Canada entering through these facilities was
more than $570,000,000,000 in fiscal year 2008 and represents approximately 25 percent of all imports into the United States. There
are many land border POEs and Border Patrol stations which require near-term expansion and upgrades. The Committee directs
CBP to submit a revised construction plan no later than 60 days
after the date of enactment of this act. The plan shall include updates on the use of the funds provided in this act, as well as prior
years’ acts, for construction projects CBP-wide.
The Committee is disappointed that CBP, GSA, and OMB had
ample time to produce and submit with the budget the 5-year construction plan for land border POE construction mandated in the
fiscal year 2009 act, yet failed to do so. The Committee again has
included bill language requiring CBP, in consultation with GSA, to
include the 5-year construction plan with the fiscal year 2011 request. The plan shall include a yearly update of total projected future funding needs.
The Committee directs the Department to continue to work with
the GSA on its nationwide strategy to prioritize and address the infrastructure needs at land border POEs and to comply with the requirements of the Public Buildings Act of 1959 (40 U.S.C. 3301) to
seek necessary funding.
The Committee further directs the Department to encourage the
use of small businesses in all phases of the contracting process for
construction and renovation of POEs.

42
BORDER PATROL CONSTRUCTION

The Committee notes that, as a result of an operational decision
made by the Border Patrol, no funds have been requested in the
budget for site, design, or construction of permanent checkpoints on
the northern border.
COMMITTEE RECOMMENDATIONS

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
CONSTRUCTION AND FACILITIES MANAGEMENT
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Major Construction ...............................................................................
Air and Marine Facilities .....................................................................
Housing ................................................................................................
CBP Owned Land Ports of Entry ..........................................................
Advanced Training Center ...................................................................
Operations and Maintenance ...............................................................
Repairs and Alterations .......................................................................
Lease Acquisition .................................................................................
Planning ...............................................................................................
Facilities Construction and Sustainment:
Major Construction ......................................................................
Maintenance, Repairs, and Operations ......................................
Alterations—Includes Alterations for Leased Space .................
HQ Mission Support—Includes Leased Space ...........................
Tunnel Remediation ....................................................................
Program Oversight and Management ..................................................
Rent ......................................................................................................
Emergency Appropriations (Public Law 111–5) ..................................

256,286
16,600
15,000
10,000
39,700
17,600
24,400
21,600
2,015

..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................

..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................

..........................
..........................
..........................
..........................
..........................
..........................
..........................
420,000

..........................
111,320
84,837
35,456
7,744
37,013
402,263
..........................

39,700
111,320
84,837
35,456
7,744
37,013
..........................
..........................

Total, Construction and Facilities Management ....................

823,201

678,633

316,070

U.S. IMMIGRATION

AND

CUSTOMS ENFORCEMENT

SUMMARY

U.S. Immigration and Customs Enforcement is responsible for
enforcing immigration and customs laws, detaining and removing
deportable or inadmissible aliens, and providing security of Federal
buildings and property.
COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $5,749,900,000,
including direct appropriations of $5,445,100,000, and estimated
fee collections of $304,800,000.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—FUNDING SUMMARY
[In thousands of dollars]
Fiscal year 2009
enacted

Appropriations:
Salaries and expenses ..........................................................

4,927,210

Fiscal year 2010
budget request

5,348,000

Committee
recommendations

5,360,100

43
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—FUNDING SUMMARY—Continued
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Automation modernization ....................................................
Emergency Appropriations (Public Law 111–5) ...................
Construction ..........................................................................

57,000
20,000
5,000

110,000
............................
............................

85,000
............................
............................

Total, Appropriations ........................................................

5,009,210

5,458,000

5,445,100

Estimated Fee Collections:
Immigration inspection user fees .........................................
Student exchange visitor program fees ...............................
Immigration breached bond/detention fund .........................
Federal Protective Service 1 ..................................................

119,000
120,000
60,000
640,000

109,800
120,000
75,000
............................

109,800
120,000
75,000
............................

Total, Estimated fee collections .......................................

939,000

304,800

304,800

Total, Available funding ...................................................

5,948,210

5,762,800

5,749,900

Appropriations ..................................................................
Emergency Appropriations (Public Law 111–5) ...............

4,989,210
20,000

5,458,000
............................

5,445,100
............................

1 Fully funded by offsetting collections paid by General Services Administration tenants and credited directly to this account. The budget
proposes to transfer this activity to the National Protection and Programs Directorate.

SALARIES AND EXPENSES

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$4,927,210,000
5,348,000,000
5,360,100,000

The U.S. Immigration and Customs Enforcement [ICE] Salaries
and Expenses account provides funds for the enforcement of immigration and customs laws, intelligence, and detention and removals. In addition to directly appropriated resources, funding is derived from the following offsetting collections:
Immigration Inspection User Fees.—ICE derives funds from user
fees to support the costs of detention and removals in connection
with international inspections activities at airports and seaports,
as authorized by the Immigration and Nationality Act (8 U.S.C.
1356).
Student Exchange Visitor Program Fees.—ICE collects fees from
foreign students, exchange visitors, and schools and universities to
certify and monitor participating schools, and to conduct compliance audits.
Immigration Breached Bond/Detention Fund.—ICE derives
funds from the recovery of breached cash and surety bonds in excess of $8,000,000 as authorized by the Immigration and Nationality Act (8 U.S.C. 1356); and from a portion of fees charged under
section 245(i) of the Immigration and Nationality Act to support
the cost of the detention of aliens.
COMMITTEE RECOMMENDATIONS

The Committee recommends $5,360,100,000, for salaries and expenses of U.S. Immigration and Customs Enforcement [ICE] for fiscal year 2010. This includes decreases from the fiscal year 2009
level of $150,000,000 for 2-year availability for Secure Communities and total increases from the fiscal year 2009 level of

44
$272,740,000 for pay, annualizations, transfers, and other increases, as proposed in the budget.
The Committee includes bill language placing a $35,000 limit on
overtime paid to any employee; making up to $7,500,000 available
for special operations; making up to $1,000,000 available for the
payment of informants; making up to $11,216,000 available to reimburse other Federal agencies for the costs associated with the
care, maintenance, and repatriation of smuggled illegal aliens;
making not less than $305,000 available for promotion of public
awareness of the child pornography tipline and anti-child exploitation activities; making not less than $5,400,000 available to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act; limiting the use of funds for facilitating
agreements consistent with section 287(g) of the Immigration and
Nationality Act to the same activities funded in fiscal year 2005;
making $15,770,000 available for activities to enforce laws against
forced child labor, of which $6,000,000 shall remain available until
expended and making $6,800,000 available until expended for the
Visa Security Program.
SOUTHWEST BORDER ENFORCEMENT INITIATIVE

The budget proposes a new Southwest Border Enforcement Initiative of $70,000,000, 349 positions, and 176 FTE, to enhance current efforts to identify criminal activities and eliminate
vulnerabilities that pose a threat to our Nation’s borders. This effort is acutely focused on our Southwest border with Mexico where
the level of drug cartel violence has increased substantially since
the Government of Mexico began to aggressively combat the drug
trafficking organizations threatening Mexico and the Americas.
More than 7,200 individuals have been killed in Mexico and the
U.S. Deputy Attorney General testified on March 25, 2009, that
drug cartels have become the number one organized crime threat
in America. The Department of Justice’s December 2008 ‘‘National
Drug Threat Assessment, 2009’’ stated that these cartels have infiltrated 230 cities across the country.
In support of the Mexican Government’s actions and to respond
to this violence and prevent its spilling over into the United States,
the administration has taken significant steps to send additional
personnel and resources both to the Southwest border as well as
the Government of Mexico. The Department of Homeland Security
redirected $184,000,000 in existing resources to send more Border
Patrol agents and other security personnel to conduct outbound examinations of vehicle and containers to stem the smuggling of
weapons and cash which support the cartels. Additionally, the conference report accompanying the ‘‘Supplemental Appropriations
Act, 2009’’ provides $55,000,000 to ICE and $40,000,000 to CBP in
new funding to support these efforts.
These funds will be used to increase enforcement at ICE’s Border
Enforcement Security Task Forces [BESTs] targeting human, contraband, weapons, and bulk cash smuggling as well as investigations related to benefit fraud, money laundering, and identity theft,
with a focus on terrorist groups, criminal aliens, and gangs. They
will also be used to hire more criminal investigators within the Office of International Affairs and significantly expand Office of Intel-

45
ligence operations with 90 new Intelligence Officers to support the
BESTs, the Border Field Intelligence Groups, and the Border Violence Intelligence Cell at the El Paso Intelligence Center.
The Committee recommends an additional $45,000,000, 230 positions, and 119 FTE, above the request to further build upon this
effort. Specifically, $20,000,000 is for additional support to the
Southwest border and seaport BESTs. An additional $20,000,000 is
for support for counter-proliferation and gang investigations. These
funds would be focused on expanding ‘‘Operation Armas Cruzadas’’
which focuses on identifying and disrupting illicit trans-border activities which support weapons smuggling networks, both across
the border with Mexico as well as global weapons smuggling networks. The funding for gang investigations would be directed at
disrupting and dismantling transnational street gangs, encountered
in the course of ICE investigations, which distribute drugs in the
U.S. supplied by Mexican drug trafficking organizations. Gangs
such as MS–13, Latin Kings, Suren˜os, and 18th Street potentially
put at peril the lives of U.S. citizens. Finally, $5,000,000 is provided to augment bulk cash smuggling investigations and will provide enhanced training, investigations, and interdiction operations.
Bulk cash illicitly crossing the border is laundered and supports a
wide network of terrorists, narcotics smugglers, and human traffickers involved in transporting aliens into the United States illegally, abetting child sex tourism, and human slavery.
These funds will also assist DHS in implementing its part of the
President’s multi-agency ‘‘National Strategy to Reduce Drug Trafficking and Flow of Bulk Cash and Weapons across the Southwest
Border’’ announced on June 5, 2009.
The Committee is aware that the Department of Justice’s [DOJ]
‘‘Operation Gunnrunner’’ complements in many ways ICE’s ‘‘Operation Armas Cruzadas’’. The use of ballistics technology and other
methods to trace crime guns can assist in weapons smuggling investigations and tracking. The Committee urges ICE to work with
DOJ on these investigations and to consider using the National
Ballistics Information Network in this effort.
ICE ENFORCEMENT PRIORITIES

Over the past 2 years, Congress has emphasized that ICE has
multiple immigration enforcement priorities. Among the priorities
identified by Congress are conducting worksite enforcement investigations and identifying foreign-born individuals who have been
convicted of crimes and sentenced to imprisonment and removing
those individuals once they have been judged deportable by the immigration court system.
Enforcement of customs laws, using immigration and customs
authorities, is also an ICE enforcement priority. As the Director of
the ICE Office of Investigations, stated in testimony before the
House Homeland Security Appropriations Subcommittee on April 2,
2009, ‘‘ICE’s experience in the investigation of the conduct of border crime reveals that the criminal organizations who exploit our
immigration and trade systems do so for one reason: profit. Each
day, these organizations smuggle contraband, people, and goods—
whatever the market will bear. Thus, while immigration enforcement is a key component of ICE’s mission, we cannot and do not

46
establish enforcement priorities in a stove-piped fashion. Instead,
we target the organizations who exploit our legitimate trade, travel, and financial systems with all our enforcement.’’ The Director
concluded by stating, ‘‘ICE has designed programs and initiatives
to address the Nation’s national security and public safety concerns. Applying both our immigration and customs authorities,
which target the illicit flow of people, goods, and money, ICE can
effectively address all types of cross border criminal activity, which
makes our homeland safer for everyone, citizens and immigrants
alike.’’
Just as CBP must stop the entry into the United States of contraband people and goods, while also facilitating the flow of legitimate trade and commerce, so ICE must also maintain a balance of
enforcing immigration and customs laws while also protecting the
country by removing those individuals who are here illegally.
MANAGEMENT AND ADMINISTRATION—IMPROVED INTEGRITY
OVERSIGHT

Over the last 3 years, ICE has hired over 5,100 new personnel,
a 17 percent increase since fiscal year 2006. In order to support
long-term border security efforts and avoid fraud, the Committee
believes it is important to keep in front of any possible increase in
workforce fraud by hiring additional agents who will investigate
cases of fraud and other illegal activities.
The Office of Professional Responsibility [OPR] investigates all
Inspector General-referred allegations of criminal misconduct by
ICE and CBP employees. ICE and CBP have sensitive missions, including preventing the flow of drugs, dangerous goods, and illegal
immigrants into the country, and sensitive technology and weapons
out of it. To ensure the continued integrity of the workforce, growth
in ICE staffing should be matched by commensurate growth in
OPR. The Committee recommends a total of $94,104,000 and 462
FTE to perform workforce integrity investigations and training, detention facility inspections, ICE field office management inspections, and physical security management inspections. This is an increase of $14,988,000 and 33 FTE over the fiscal year 2009 level,
and $2,100,000 and 4 FTE over the request. This will provide for
$80,837,000 to conduct integrity investigations, including additional funds for ICE to expand its OPR presence along the Southwest border.
LAW ENFORCEMENT SUPPORT CENTER

Included in the amount recommended by the Committee is a
total of $34,990,000, 316 positions, and 316 FTE, as requested in
the budget, to assist in responding to increased requests for assistance from State and local law enforcement officers. The Committee
notes that during fiscal year 2009 ICE aggressively took steps to
fill the large number of staffing vacancies at the Law Enforcement
Support Center [LESC] by upgrading staff position types and pay.
The Committee urges ICE to maintain a robust LESC staffing level
and to alert the Committee if large staffing vacancy rates return.

47
CO-LOCATION OF ICE FACILITIES

At its creation in 2003, ICE inherited approximately 450 leases,
covering 5,800,000 square feet, at an annual rent of $167,000,000.
Since then, the ICE workforce has grown by 26 percent and the
ICE space acquisition policy is to acquire space ‘‘as needed’’. Thus
there are now over 655 leases, covering 6,400,000 square feet, with
an annual rent of $225,000,000. Working with the General Services
Administration, ICE has developed a co-location strategy with a
goal of decreasing ICE lease holdings by 88 percent over the next
5 years. ICE could save in excess of $200,000,000 and move from
455 leases in 55 metropolitan areas to just 56 leases in those same
areas by fiscal year 2015. The Congress provided $7,000,000 to initiate this effort in fiscal year 2009. The Committee includes an additional $57,000,000, an increase of $50,000,000 above the fiscal
year 2009 level, and a reduction of $35,000,000 from the request,
to continue this important management initiative.
OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

The Committee recommends $168,103,000, 125 positions, and
105 FTE, an increase of $11,600,000, 40 positions, and 20 FTE, as
requested, for the Office of State and Local Government Coordination. Included in this amount is funding for increased training and
information technology assistance for participants in the 287(g)
program.
The Committee notes that the 287(g) program is a voluntary, not
mandatory, program through which communities which chose to
join enter into discussions with ICE to determine the proper fit for
the individual community and ICE. The Committee also intends
that the appropriate accountability and training standards are adhered to by participating communities and has provided sufficient
resources, as requested in the budget, to ensure that these standards are met.
FORENSICS DOCUMENT LAB

The Committee recommends $14,357,000, 80 positions, and 77
FTE, as requested, for the Forensics Document Lab [FDL]. The
FDL provides forensic document analysis and operations support
services to combat travel and identity document fraud. Included in
this amount is funding for additional staffing and equipment to
support the Southwest Border Initiative.
DATA CENTER MIGRATION

As part of the Department-wide effort to assign data center migration funding to the component agencies which will be migrating,
the Committee recommends $23,850,000, 4 positions, and 4 FTE, in
new funding to support ICE’s portion of this activity in fiscal year
2010, $10,000,000 below the request. The funds are reduced as not
all of the proposed activities would be accomplished in fiscal year
2010.
INVESTIGATIONS—WORKSITE ENFORCEMENT

Worksite enforcement must remain an immigration enforcement
priority activity for ICE and the Department as a whole. The Com-

48
mittee is pleased that through fiscal year 2008, ICE continued to
aggressively conduct worksite enforcement actions and achieve increases in both criminal and administrative arrests. The new worksite enforcement guidelines issued by the Secretary state that, ‘‘The
prospect for employment in the United States continues to be one
of the leading causes of illegal immigration, creating a market for
criminal smuggling organizations who exploit people willing to pay
high fees and take great risks to enter the United States without
detection.’’ The Committee said much the same thing in its report
accompanying the Senate version of the fiscal year 2009 bill when
it said, ‘‘By turning off the spigot of cheap labor and taking action
against unscrupulous employers who exploit illegal aliens, we can
begin to stem the tide of illegal immigration.’’
The Department’s guidance goes on to state that, ‘‘the administrative arrest of the illegal workforce under ICE’s existing immigration authorities continues to be an integral aspect of the overall
ICE worksite enforcement strategy.’’ The Committee notes that the
Secretary has promised to continue worksite enforcement actions
against both employers and employees, and has requested a slight
increase in the budget for this activity. The Committee recommends a total of $138,778,000 for worksite enforcement. The
$10,000,000 above the request is for 100 positions, 50 FTE, for forensic auditors to increase targeting of criminal employers and critical infrastructure locations. The Committee will pay careful attention to the implementation of this new guidance and requests quarterly briefings on worksite enforcement activities in general and
specifically on how these funds are being used.
VISA SECURITY PROGRAM

The Visa Security Program, mandated in section 428 of the
Homeland Security Act of 2002 (Pubic Law 107–296), extends the
border overseas to prevent terrorists and other criminals from receiving U.S. visas. The Office of International Affairs has developed
a 5-year expansion plan which includes a prioritized expansion to
the 32 highest-risk visa issuing posts. According to the plan, the
program will cover approximately 75 percent of the highest risk
visa activity posts by 2013. The Committee recommends a total of
$30,186,000, 71 positions, and 67 FTE for the Visa Security Program, as requested.
OFFICE OF INVESTIGATIONS—MISSION SUPPORT STAFFING

The Committee is aware that under the ICE Office of Investigations [OI] workforce template, OI has a current deficit of 805 mission support positions. A negative consequence of not having additional support personnel requires agents to perform administrative
functions, taking time away from investigation of transnational
and border crime. The budget request begins to narrow this gap,
and the additional funds provided by the Committee ensure that
mission support positions are also filled. The Committee urges inclusion of additional funding in the fiscal year 2011 budget request
to further close this gap in support staffing.

49
ICE INTELLIGENCE

The Committee is pleased with the manner in which the Office
of Intelligence has expanded and staffed its Field Intelligence
Groups. These groups are anticipated to meet or exceed their optimal 50 percent staffing levels for intelligence research specialists
and program analysts. As noted above, ICE’s BEST teams along
the borders and at the seaports make great use of these specialists
and the personnel increases funded in this bill will help to ensure
that the BESTs are used to their greatest capacity. The Committee
directs ICE to provide an Intelligence staffing briefing no later
than 60 days after the date of enactment of this act.
DETENTION AND REMOVAL—CUSTODY OPERATIONS (BEDS)

Maintaining an adequate number of detention beds is critical to
ensuring the integrity of our detention and removal system while
at the same time preventing a return to the ill-advised ‘‘catch and
release’’ policy. We must ensure that all illegal aliens apprehended
are removed from this country as expeditiously as possible. The
Committee is pleased to note that in fiscal year 2008, ICE removed
a total of 347,184 illegal aliens compared with 240,665 in fiscal
year 2004. This clearly demonstrates that the additional resources
the Congress has provided above the President’s requests the past
5 fiscal years for securing our borders is having an impact.
The Congress took the lead and added funding for additional detention beds above the President’s request the past 5 fiscal years.
The request includes $36,200,000 to annualize the beds added by
Congress in fiscal year 2009 and to fully support a detention bed
level of 33,400.
Bill language is included directing that a detention bed level of
33,400 beds shall be maintained throughout fiscal year 2010.
DETENTION AND REMOVAL—ALTERNATIVES TO DETENTION

National security and public safety are ICE’s first priorities. To
that end, ICE detains all illegal aliens who pose a threat to community safety or national security, as well as those required to be
detained under the Nation’s immigration laws. The Alternatives to
Detention [ATD] program was created to enable ICE to maintain
current detention levels and to monitor aliens who are likely to
comply, without detention, with immigration proceedings. An excellent example of a population for consideration for the use of ATD
is families with children. ATD is composed of two primary programs, electronic monitoring and intensive supervision appearance.
The Committee recommends a total of $63,913,000, 171 positions,
and 172 FTE, as requested in the budget. The Committee encourages ICE to prioritize enrollment of families with children in this
program, to continue to use intensive supervision, and directs ICE
to brief the Committee semiannually on the program beginning no
later than 60 days after the date of enactment of this act.
The Committee is aware that increased interior immigration enforcement has resulted in families being separated. The Committee
directs the Department to analyze and report on the feasibility of
establishing procedures to ensure that data can be collected and
documented for the purposes of submitting a quarterly report to

50
the Committee which tracks the number of deportation, exclusion,
and removal orders sought and obtained by ICE that involve
verified alien parents of a U.S. citizen child. The report should also
provide a break down by district in which the removal order was
issued; by type of order (deportation, exclusion, removal, expedited
removal, and others); by agency issuing the order; by the number
of cases in each category in which ICE has successfully removed
the verified alien parent; and by number of cases in each category
in which ICE has not removed the verified alien parent. The analysis and report on the feasibility of establishing procedures to ensure that data can be collected and documented for reporting purposes shall be submitted not later than December 15, 2009.
DETENTION AND REMOVAL—TRANSPORTATION AND REMOVAL

Included in the amount recommended by the Committee is
$281,878,000, as proposed in the budget, for all ICE-related transportation and removal activities.
DETENTION AND REMOVAL—FUGITIVE OPERATIONS

Included in the amount recommended by the Committee is
$229,682,000, 677 positions, and 677 FTE, as proposed in the budget. The National Fugitive Operations Program is responsible for reducing the fugitive alien population in the United States. As of
May 2009, ICE estimates that there are approximately 549,408 immigration fugitives in the United States, a decrease of over 83,318
since October 2006. ICE works to reduce the population of these fugitives from the law through the use of Fugitive Operations teams.
All 104 Fugitive Operations teams are operational and conducting
enforcement operations.
DETENTION AND REMOVAL—CRIMINAL ALIEN PROGRAM

Included in the amount recommended by the Committee is
$192,539,000, 935 positions, and 932 FTE, as proposed in the budget. ICE is funded for 126 Criminal Alien Program teams and in fiscal year 2008 it charged over 210,000 aliens in jails.
SECURE COMMUNITIES

The Committee recommends $195,589,000, 552 positions, and
512 FTE, as requested, $45,589,000, 92 positions, and 46 FTE
above the fiscal year 2009 level. Congress initiated this program in
fiscal year 2008 and has provided total new funding of
$350,000,000 in the past 2 years. The Committee is pleased that
the administration has embraced this program as one of many tools
at its disposal to identify and remove illegal aliens, including criminal aliens, and otherwise enforce our Nation’s existing immigration
laws. With these additional funds, Secure Communities plans to expand coverage by at least 50 counties during fiscal year 2010 to establish biometric identification of arrested criminal aliens in over
140 counties. Secure Communities’ threat-based deployment schedule prioritizes those counties with the highest threat criminal alien
populations first, consisting primarily of counties in major metropolitan areas throughout the country as well as all counties along
the southwest border. In fiscal years 2007 and 2008, 216,439 crimi-

51
nal aliens were removed after being incarcerated. Secure Communities estimates that after deploying to these counties, ICE will
cover over 50 percent of the Nation’s criminal alien population. The
Department anticipates that, with continued funding, including redeployment of existing resources, it will establish biometric identification of arrested criminal aliens in all counties that are willing
and technically able to participate by the end of fiscal year 2012.
The Committee has included bill language ensuring that all illegal aliens encountered when enforcing our immigration laws are
apprehended. The Committee also directs ICE to provide quarterly
briefings on progress being made in implementing the Secure Communities program. The briefings shall include Secure Communities’
impact on removals reporting at the the level of detail of the quarterly detention and removals report. The first briefing should occur
no later than 45 days after the date of enactment of this act.
UNACCOMPANIED ALIEN CHILDREN

The Committee notes the request includes no additional funding
for ICE’s role in caring for and transporting unaccompanied alien
children [UAC] to Office of Refugee Resettlement custody upon
their apprehension by ICE personnel. The conference report accompanying the ‘‘Supplemental Appropriations Act, 2009’’, includes
$11,800,000 for ICE for this purpose based upon estimated increased UAC requirements resulting from the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (Public
Law 110–457). While the Committee includes no increased funding
for this activity for fiscal year 2010, the Committee directs ICE to
report not later than March 31, 2010, on the actual fiscal year
2009, and estimated fiscal year 2010, costs of care and transportation of UACs.
DETENTION AND REMOVAL REPORTING

The Committee continues to request ICE to submit a quarterly
report to the Committee which compares the number of deportation, exclusion, and removal orders sought and obtained by ICE.
The report should be broken down: by district in which the removal
order was issued; by type of order (deportation, exclusion, removal,
expedited removal, and others); by agency issuing the order; by the
number of cases in each category in which ICE has successfully removed the alien; and by the number of cases in each category in
which ICE has not removed the alien. The first fiscal year 2010
quarterly report is to be submitted no later than January 15, 2010.
COMMITTEE RECOMMENDATIONS

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:

52
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—SALARIES AND EXPENSES
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Headquarters Management and Administration:
Personnel Compensation and Benefits, services and other
costs .......................................................................................
Headquarters Managed IT investment .......................................

203,076
169,348

321,850
243,264

288,950
233,264

Subtotal, Headquarters Management and Administration ....

372,424

565,114

522,214

Legal Proceedings ................................................................................

215,035

221,666

221,666

Investigations:
Domestic .....................................................................................
International ................................................................................
Visa Security Program ................................................................

1,519,208
106,741
26,800

1,615,551
112,872
30,186

1,666,551
112,872
30,186

Subtotal, Investigations .........................................................

1,652,749

1,758,609

1,809,609

Intelligence ...........................................................................................

55,789

67,842

71,842

Detention and Removal Operations:
Custody Operations .....................................................................
Fugitive Operations .....................................................................
Criminal Alien Program ..............................................................
Alternatives to Detention ............................................................
Transportation and Removal Program ........................................

1,721,268
226,477
189,069
63,000
281,399

1,771,168
229,682
192,539
63,913
281,878

1,771,168
229,682
192,539
63,913
281,878

Subtotal, Detention and Removal Operations ........................

2,481,213

2,539,180

2,539,180

Comprehensive Identification and Removal of Criminal Aliens .........

150,000

195,589

195,589

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

4,927,210

5,348,000

5,360,100

FEDERAL PROTECTIVE SERVICE

As proposed in the budget, this activity has been moved to the
‘‘National Protection and Programs Directorate’’.
AUTOMATION MODERNIZATION

2009 1

Appropriations,
...........................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$77,000,000
110,000,000
85,000,000

1 Includes $20,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5).

The Automation Modernization account provides funds for major
information technology [IT] projects for U.S. Immigration and Customs Enforcement [ICE], including the Atlas Program, modernization of TECS (formerly known as the Traveler Enforcement and
Compliance System), modernization of Detention and Removal Operations’ IT systems for tracking detainees [DRO Modernization],
and other systems.
COMMITTEE RECOMMENDATIONS

The Committee recommends a total of $85,000,000, $28,000,000
above the fiscal year 2009 level, and $25,000,000 below the request.
These funds are to remain available until expended. The Com-

53
mittee includes bill language making $10,000,000 available upon
the submission of an expenditure plan.
The Committee strongly supports ICE’s automation modernization efforts and in prior years has added funds above the request
when it believed the Department was not as supportive of this critical agency function as it should have been. The Committee also is
pleased that ICE is making good progress on the joint TECS modernization program with CBP. The Committee fully funds TECS
modernization and the ATLAS IT infrastructure program. The
Committee recognizes the importance of ICE developing a state-ofthe-art electronic health records program and supports these efforts. With the reductions made to the request, the Committee expects the submission of an expenditure plan reflecting revised
prioritization of ICE’s automation modernization activities not later
than 45 days after the date of enactment of this act. The Committee also continues the requirement for semiannual briefings on
this activity.
CONSTRUCTION

Appropriations, 2009 .............................................................................
$5,000,000
Budget estimate, 2010 ........................................................................... ...........................
Committee recommendation ................................................................. ...........................

This appropriation provides funding to plan, construct, renovate,
equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to immigration,
detention, and alien registration.
COMMITTEE RECOMMENDATIONS

The Committee notes that the budget requests no funding for
ICE Construction as it is reviewing the possible privatization of the
Service Processing Centers which it owns. The Department intends
that carryover funds within the no-year Construction account will
be used for emergency repairs and alterations. The Committee also
notes that not funding this account will have no impact on the ability of ICE to continue to detain illegal aliens at thousands of other
locations around the country.
The bill includes a general provision, requested in the budget,
providing ICE with the authority to dispose of ICE-owned facilities
and retain the receipts to provide repairs and alterations to other
facilities.
Because of large unobligated balances in this account, the Committee includes a general provision rescinding $7,000,000 of prior
year balances.
TRANSPORTATION SECURITY ADMINISTRATION
The Transportation Security Administration [TSA] is charged
with ensuring security across U.S. transportation systems, including aviation, railways, highways, pipelines, and waterways, and
safeguarding the freedom of movement of people and commerce.
Separate appropriations are provided for the following activities
within TSA: aviation security; surface transportation security;
transportation threat assessment and credentialing; transportation
security support; and Federal Air Marshals.

54
COMMITTEE RECOMMENDATIONS

The Committee recommends a total program level of
$7,690,134,000 and a net of $5,312,134,000 for the activities of TSA
for fiscal year 2010.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
TRANSPORTATION SECURITY ADMINISTRATION—FUNDING SUMMARY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Aviation Security ............................................................................
Emergency Appropriations (Public Law 111–5) ............................
Aviation Security Capital Fund (mandatory) .................................
Surface Transportation Security ....................................................
Transportation Threat Assessment and Credentialing (direct appropriations) ..............................................................................
Transportation Threat Assessment and Credentialing (fee-funded programs) .............................................................................
Transportation Security Support ....................................................
Federal Air Marshals ......................................................................

4,754,518
1,000,000
250,000
49,606

5,310,850
............................
250,000
128,416

5,237,828
............................
250,000
142,616

116,018

191,999

171,999

40,000
947,735
819,481

28,000
1,004,580
860,111

28,000
999,580
860,111

Total, Transportation Security Administration (gross) .....

7,977,358

7,773,956

7,690,134

Offsetting Fee Collections ..............................................................
Aviation Security Capital Fund (mandatory) .................................
Fee accounts [TTAC] ......................................................................

¥2,320,000
¥250,000
¥40,000

¥2,100,000
¥250,000
¥28,000

¥2,100,000
¥250,000
¥28,000

Total, Transportation Security Administration (net) ........

5,367,358

5,395,956

5,312,134

Appropriations ..................................................................
Emergency Appropriations (Public Law 111–5) ...............

4,367,358
1,000,000

5,395,956
............................

5,312,134
............................

AVIATION SECURITY

2009 1

Appropriations,
...........................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$5,754,518,000
5,310,850,000
5,237,828,000

1 Includes $1,000,000,000 provided in the American Recovery and Reinvestment Act, 2009
(Public Law 111–5) for explosives detection systems and checkpoint security improvements.

The Transportation Security Administration [TSA] aviation security account provides for Federal aviation security, including
screening of all passengers and baggage, deployment of on-site law
enforcement, continuation of a uniform set of background requirements for airport and airline personnel, and deployment of explosives detection technology.
The aviation security activities include funding for: Federal
transportation security officers [TSOs] and private contract screeners; air cargo security; procurement, installation, and maintenance
of explosives detection systems; checkpoint support; and other aviation regulation and enforcement activities.
COMMITTEE RECOMMENDATIONS

The Committee recommends $5,237,828,000 for aviation security,
$73,022,000 below the amount requested and $483,310,000 above
the fiscal year 2009 level, excluding funds appropriated in the
Stimulus Act.

55
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
AVIATION SECURITY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

3,935,710
1,000,000
798,808
[250,000]

4,475,117
..............................
835,733
[250,000]

4,395,195
..............................
842,633
[250,000]

Screening Operations ...............................................................
Emergency Appropriations (Public Law 111–5) ......................
Aviation Security Direction and Enforcement ..........................
Aviation Security Capital Fund (mandatory) ...........................
Implementing Requirements of Public Law 110–53 (9/11
Act) ......................................................................................
Discretionary Fees (non-add):
General Aviation at DCA .................................................
Indirect Air Cargo ...........................................................
Certified Cargo Screening Program ................................
Large Aircraft Security Program .....................................
Secure Identification Display Area Checks .....................
Other Security Threat Assessments ................................

20,000

(1)

(1)

[75]
[200]
..............................
..............................
..............................
..............................

[100]
[2,600]
[5,200]
[1,600]
[10,000]
[100]

[100]
[2,600]
[5,200]
[1,600]
[10,000]
[100]

Total, Aviation Security ..............................................

5,754,518

5,310,850

5,237,828

Appropriations ............................................................
Emergency Appropriations (Public Law 111–5) .........

4,754,518
1,000,000

5,310,850
..............................

5,237,828
..............................

1A

total of $40,259,000 included within various appropriations.

AVIATION SECURITY FEES

The Congressional Budget Office, in its analysis of the President’s budget, has re-estimated collections from existing aviation
security fees to be $2,100,000,000. Of this amount, $1,652,000,000
will be collected from aviation passengers and $448,000,000 will be
collected from the airlines.
SCREENING OPERATIONS

The Committee recommends $4,395,195,000 for TSA screening
operations, $79,922,000 below the amount requested and
$459,485,000 above the fiscal year 2009 level, excluding funds appropriated in the Stimulus Act.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
SCREENING OPERATIONS
[In thousands of dollars]
Fiscal year 2009
enacted

Privatized Screening Airports .........................................................
Passenger and baggage screener personnel, compensation and
benefits ......................................................................................
Screener Training and Other .........................................................
Checkpoint Support ........................................................................
Explosives Detection Systems/Explosives Trace Detection [EDS/
ETD]:
EDS/ETD purchase and installation .....................................
Screening technology maintenance and utilities .................
Operation integration ............................................................

Fiscal year 2010
budget request

Committee
recommendations

151,272

149,643

149,643

2,716,014
197,318
250,000

2,788,575
203,463
128,739

2,758,575
203,463
128,739

294,000
305,625
21,481

856,591
326,625
21,481

806,669
326,625
21,481

56
SCREENING OPERATIONS—Continued
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Subtotal, EDS/ETD systems ..............................................

621,106

1,204,697

1,154,775

Emergency Appropriations (Public Law 111–5) ...............

1,000,000

............................

............................

Total, Screening Operations .............................................

4,935,710

4,475,117

4,395,195

Appropriations ..................................................................
Emergency Appropriations (Public Law 111–5) ...............

3,935,710
1,000,000

4,475,117
............................

4,395,195
............................

PRIVATIZED SCREENING AIRPORTS

The Committee recommends $149,643,000 for privatized screening airports, the same amount as requested in the budget and
$1,629,000 below the fiscal year 2009 level. This reduction reflects
cost savings in contracts that were recently renegotiated. To date,
nine airports and one heliport across the country have chosen to
use privatized screening in lieu of Federal screening. The Committee is concerned with the current acquisition process for the
Screening Partnership Program, which has led to considerable confusion among airports and qualified security providers. The Committee is particularly concerned with delays in transitioning to
privatized screening for the seven Essential Airport Service airports in Montana and directs TSA to complete this competitive
award no later than July 15, 2009. The Committee expects the incoming Administrator to prioritize the improvement of this process.
TSA is directed to approve applications for those airports that
are seeking to participate in the screening partnership program
when Government estimates indicate that contract screening can
be provided at that location in a cost-effective manner. TSA shall
notify the Committees if the agency expects to spend less than the
appropriated amount due to situations where no additional airports
express interest in converting, either fully or partially, to
privatized screening, or where airports currently using privatized
screening convert to using Federal screeners. TSA shall adjust its
PPA line items, and notify the Committees within 10 days, to account for any changes in private screening contracts, including new
awards under the screening partnership program, or the movement
from privatized screening into Federal screening.
PASSENGER AND BAGGAGE SCREENER PERSONNEL, COMPENSATION
AND BENEFITS

The Committee recommends $2,758,575,000 for passenger and
baggage screener personnel, compensation, and benefits,
$30,000,000 below the amount requested and $42,561,000 above
the fiscal year 2009 level. The recommendation includes requested
adjustments for pay increases and the expansion of the bomb appraisal officer program by 109 positions and 55 FTE.
The amount recommended under this heading includes
$211,861,214 for behavior detection officers in fiscal year 2010, an
increase of $13,524,587 above the fiscal year 2009 level and
$14,000,000 below the request. The intent of the Screening Pas-

57
sengers by Observation Techniques [SPOT] program is for behavior
detection officers to observe passengers’ behavior, specifically for
signs of hostile intent, and pull those passengers aside for additional questioning and screening. While TSA has dramatically increased the size and scope of SPOT, resources are not currently
tied to specific program goals and objectives. TSA did not comply
with a requirement in Senate Report 110–396, which was to develop improved performance measures for SPOT to justify such a
large ramp up in FTE and include them in fiscal year 2010 congressional budget justification. The Committee directs TSA to report, no later than 60 days after the date of enactment of this act,
on: (1) the scientific basis for using behavior pattern recognition
techniques to observe airline passengers for signs of hostile intent;
(2) the effectiveness of the SPOT program in meeting its goals and
objectives; and (3) the justification for expanding the program. The
report shall be made in a classified or unclassified format, as appropriate. The Government Accountability Office [GAO] shall review the report and provide its findings to the Committee no later
than 120 days after the SPOT report is submitted to the Committee.
The Committee also includes a reduction of $16,000,000 from the
amount requested due to TSA’s consistent carryover in this account. TSA’s carryover balance at the end of fiscal year 2008 was
$129,761,111. TSA shall propose a budget account structure in fiscal year 2011 that allows for a 1-year appropriation for salaries
and expenses.
SCREENER TRAINING AND OTHER

The Committee recommends $203,463,000 for screener training
and other, the same amount as requested in the budget and
$6,145,000 above the fiscal year 2009 level. Funds are provided to
support training of Transportation Security Officers [TSOs] and
other direct costs associated with TSO operations, such as:
consumable supplies, checkpoint janitorial services, travel for the
National Deployment Force, uniform allowance, hazardous materials disposal, and a model workforce program. The recommended
amount includes requested adjustments for pay increases, bottled
liquids scanning equipment, and training to support additional
bomb appraisal officers.
The Committee encourages TSA to expand training and continuing educational and professional development opportunities to
the TSA TSO workforce.
CHECKPOINT SUPPORT

The Committee recommends $128,739,000 for checkpoint support, the same amount requested in the budget and $121,261,000
below the fiscal year 2009 level. Funds are provided to field test
and deploy equipment for passenger screening, carry-on baggage
screening, checkpoint reconfiguration, and electronic surveillance of
checkpoints. Since fiscal year 2007, $998,370,000 has been funded
for checkpoint screening technologies. Between the recommended
amount and unobligated prior-year balances, sufficient funding is
available for TSA to meet its goal of achieving full operating capability of emerging technologies that can provide significant im-

58
provements in threat detection at passenger checkpoints. No later
than September 30, 2010, TSA is to move to a fully competitive
procurement process for checkpoint security equipment. TSA shall
provide the Committee with periodic updates on its progress to
meet this requirement.
WHOLE BODY IMAGING

The Committee is encouraged by significant technological advances made to checkpoint technologies that greatly increase TSA’s
ability to detect concealed and non-metallic weapons and explosives. It is critically important that these screening technologies
are deployed in order to address changing and evolving threats to
air passengers and crew members. While new technologies provide
greater protection to the traveling public, it is equally necessary to
safeguard privacy. Within 60 days after the date of enactment of
this act, the Committee directs TSA to report to the Committees
on Appropriations the details and strategy for a comprehensive program to ensure passenger privacy related to Whole Body Imaging
[WBI]. 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 the
WBI screening.
EXPLOSIVES DETECTION SYSTEMS

The Committee recommends $806,669,000 in discretionary appropriations for the purchase and installation of explosives detection
systems/explosives trace detection at airports, $49,922,000 below
the amount requested in the budget and $512,669,000 above the
fiscal year 2009 level, excluding funds appropriated in the Stimulus
Act. TSA has already received funding applications from 36 airports that could be funded with this amount and is encouraging 22
other airports with near to mid-term projects to apply. TSA has informed the Committee that due to lower than expected costs for
airports being funded with appropriations from the Stimulus Act,
several airports taking part in the fiscal year 2010 funding application process will be accelerated using funds previously appropriated. Therefore, the Committee makes a modest reduction below
the request level. Within the funds provided, not less than 28 percent shall be available to procure and deploy certified explosives
detection systems at medium- and small-sized airports. An additional $250,000,000 in mandatory spending will be available for
these activities from Aviation Security Capital Fund fee collections.
No later than September 30, 2010, TSA is to move to a fully competitive procurement process for EDS equipment. TSA shall provide the Committee with periodic updates on its progress to meet
this requirement.
EXPENDITURE PLANS FOR EDS/CHECKPOINT TECHNOLOGIES

The Committee includes statutory language under the Transportation Security Support appropriation restricting $20,000,000 from
being obligated for headquarters administration until the Secretary

59
submits to the Committee, no later than 60 days after the date of
enactment of this act, detailed expenditure plans for checkpoint security and EDS refurbishment, procurement, and installations on
an airport-by-airport basis for fiscal year 2010. TSA shall provide
quarterly updates on EDS and checkpoint expenditures, including
specific technologies for purchase, 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.
The Committee does not include statutory language requested in
the budget that would provide TSA with the authority to alter the
Federal share of in-line baggage system projects. The proposed legislation is an authorizing matter and not under the jurisdiction of
the Appropriations Committee.
INSTALLATION OF OPTIMAL BAGGAGE SCREENING SYSTEMS AND FTE
SAVINGS

From fiscal years 2007 to 2009, over $2,600,000,000 has been appropriated for TSA’s electronic baggage screening program. The
Committee provides an additional $806,669,000 for fiscal year
2010. This funding is being used to deploy systems that are ‘‘inline’’ with baggage conveyor systems and are therefore less labor
intensive and more efficient than machines deployed quickly after
9/11 to meet the 100 percent screening mandate. TSA shall report
to the Committee, in tandem with the fiscal year 2011 budget, on
savings achieved and anticipated (by fiscal year) from the installation of new optimal systems. The report shall specifically address
FTE savings.
AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS FOR IN-LINE
BAGGAGE SYSTEM DEPLOYMENT

As required by the 9/11 Act, TSA is to give funding consideration
to airports that incurred eligible costs for EDS and that were not
recipients of funding agreements. The fiscal year 2010 EDS expenditure plan shall identify airports eligible for funding pursuant
to section 1604(b)(2) of Public Law 110–53 and funding, if any, allocated to reimburse those airports.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES

The Committee recommends $326,625,000 for screening technology maintenance and utilities, the same amount as requested in
the budget and $21,000,000 above the fiscal year 2009 level. This
amount includes an increase of $19,000,000 for increases to maintenance costs for higher-than-projected quantities of security equipment and $2,000,000 for increased reimbursements for the utility
costs associated with TSA screening equipment.
OPERATION INTEGRATION

The Committee recommends $21,481,000 for operation integration, the same amount requested in the budget and the same as
the fiscal year 2009 level. Funds are provided to test, evaluate, and
analyze pre-production or production representative systems under

60
realistic conditions, including operation by those who will use the
equipment in the field in a variety of environmental conditions.
AVIATION SECURITY DIRECTION AND ENFORCEMENT

The Committee recommends $842,633,000 for aviation direction
and enforcement, an increase of $43,825,000 from the fiscal year
2009 level and $6,900,000 above the request.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
AVIATION DIRECTION AND ENFORCEMENT
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Aviation regulation and other enforcement ...................................
Airport management and support .................................................
Federal flight deck officer and flight crew training .....................
Air cargo ........................................................................................
Airport perimeter security ..............................................................

245,268
401,666
25,025
122,849
4,000

254,064
448,424
25,127
108,118
............................

254,064
448,424
25,127
115,018
............................

Total, Aviation Security Direction and Enforcement ........

798,808

835,733

842,633

AVIATION REGULATION AND OTHER ENFORCEMENT

The Committee recommends $254,064,000 for aviation regulation
and other enforcement, an increase of $8,796,000 from the fiscal
year 2009 level and the same amount as requested in the budget.
Funds are provided for law enforcement and regulatory activities
at airports to: ensure compliance with required security measures,
respond to security incidents, and provide international support for
worldwide security requirements. The Committee recommendation
includes funding for pay increases and annualization of funding enacted in prior years to implement requirements of the 9/11 Act.
The Committee understands that TSA is currently working with
stakeholders to develop a modified Large Aircraft Security Program
rule that minimizes adverse effects on general aviation while addressing security concerns. The Committee also understands that
after this consultation TSA plans to issue a new notice of proposed
rulemaking to ensure additional public comment. The Committee
agrees with TSA’s deliberative approach to this issue and encourages TSA to weigh the costs and benefits associated with this new
security mandate for general aviation operators and airports.
AIRPORT MANAGEMENT AND SUPPORT

The Committee recommends $448,424,000 for airport management and support, an increase of $46,758,000 from the fiscal year
2009 level and the same amount as requested in the budget. Funds
are provided for: the workforce to support TSA Federal security directors; the Transportation Security Operations Center; airport
rent and furniture; a vehicle fleet; airport parking; transit benefits;
and the development and deployment of an electronic time, attendance, and scheduling system. The recommended increase includes
adjustments for pay, an increase for transit benefits, a staffing increase to Federal security directors, and management support for
additional bomb appraisal officers.

61
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING
PROGRAMS

The Committee recommends $25,127,000 for Federal flight deck
officer and flight crew training programs, an increase of $102,000
from the fiscal year 2009 level and the same amount proposed in
the budget request. Funds are provided to deputize qualified airline
pilots who volunteer to be Federal law enforcement officers. This
program provides initial and recurrent law enforcement training.
Funds are also provided for the Crew Member Self-Defense Training program for the purpose of teaching crew members basic self
defense concepts and techniques.
AIR CARGO

The Committee recommends $115,018,000 for air cargo security
activities, an increase of $6,900,000 above the request and
$7,831,000 below the fiscal year 2009 level. Funds are provided to
secure the air cargo supply chain, conveyances, and people. To
achieve the 100 percent screening mandate in the 9/11 Act, TSA
has created the Certified Cargo Screening Program [CCSP], which
allows air cargo supply chain stakeholders (shippers, manufacturers, logistics companies, warehouses, and indirect air carriers) to
screen air cargo downstream prior to arriving at the airport. It is
estimated that approximately 8,000 to 15,000 entities will participate in the CCSP, increasing TSA ‘‘inspectable’’ locations. The increase provided above the request is for 50 additional air cargo inspectors to address the additional inspection workload and other
regulatory responsibilities for air cargo. This is consistent with
findings of the GAO. In testimony given on March 18, 2009, (GAO–
09–422T), GAO stated that ‘‘TSA’s limited inspection resources
may also hamper its ability to oversee the thousands of additional
entities that it expects to participate in the CCSP’’. The Committee
recommendation also includes an additional $10,000,000 within the
Science and Technology Directorate to develop air cargo screening
technologies.
The Committee acknowledges the Transportation Security Administration’s efforts to assist the fresh fruit industry comply with
new cargo scanning requirements. The Committee encourages the
Transportation Security Administration to continue its efforts and
to expedite the development and approval of efficient and effective
cargo screening technology.
No later than 60 days after the date of enactment of this act,
TSA shall submit an expenditure plan to the Committee on the allocation of air cargo funds, including carryover. Because a similar
plan for fiscal year 2009 has not been submitted, $20,000,000 is
withheld from obligation for headquarters administration until the
fiscal year 2010 plan is submitted.
AIR CARGO STATISTICS QUARTERLY REPORT

The Committee directs TSA to continue to report quarterly on air
cargo screening statistics, to note incremental progress until 100
percent screening is met, and any reason for non-compliance. The
Committee directs TSA to take all possible measures to ensure air

62
carriers are submitting data consistent with current security directives, including enforcement action for non-compliance.
AIRPORT PERIMETER SECURITY

The goal of the airport perimeter security program is to identify
and secure gaps in airport perimeters. TSA has been slow to obligate funding appropriated in fiscal years 2008 and 2009 to test and
assess viable technologies to improve security in this area. As of
April 30, 2009, $5,688,361 of the $8,000,000 appropriated for this
purpose remained unobligated. No later than 90 days after the date
of enactment of this act, TSA shall brief the Committee on results
of airport perimeter security projects, including plans to implement
viable solutions at airports.
IMPLEMENTING REQUIREMENTS OF PUBLIC LAW 110–53 (9/11 ACT)

The recommendation includes funding to support various activities and requirements authorized in the 9/11 Act, including
$806,669,000 for the procurement and installation of explosives detection systems at airports; $128,739,000 for checkpoint and
checked baggage screening systems at airports; $115,018,000 for
air cargo security; and $80,000,000 for Visible Intermodal Protection and Response [VIPR] teams, including an additional
$50,000,000 for VIPR teams dedicated solely to surface transportation. Funding in fiscal year 2010 also includes $40,259,000 to annualize funding added by Congress in fiscal years 2008 and 2009
for such activities as: Security Regulations, Strategies, Reports and
Studies; Vulnerability and Threat Assessments; Name Based
Checks; Inter-Modal Security Training and Exercise Program; Information Sharing and Analysis Center for Transportation Security; General Aviation; and additional Surface Transportation Security Inspectors.
SURFACE TRANSPORTATION SECURITY

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$49,606,000
128,416,000
142,616,000

Surface transportation security provides funding for personnel
and operational resources to assess the risk of a terrorist attack on
non-aviation modes, standards and procedures to address those
risks, and to ensure compliance with established regulations and
policies.
COMMITTEE RECOMMENDATIONS

The Committee recommends $142,616,000, for surface transportation security, an increase of $93,010,000 from the fiscal year 2009
level and $14,200,000 above the budget request.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:

63
SURFACE TRANSPORTATION SECURITY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Staffing and Operations ................................................................
Surface Transportation Security Inspectors and Canines .............

24,885
24,721

42,293
86,123

42,293
100,323

Total, Surface Transportation Security .............................

49,606

128,416

142,616

SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS

The Committee recommends $42,293,000 for surface transportation security staffing and operations, an increase of $17,408,000
from the fiscal year 2009 level and the same amount proposed in
the budget request. Funds are provided for personnel and operational resources to: assess the risk of a terrorist attack on nonaviation modes; establish standards and procedures to address
those risks; and ensure compliance with established regulations
and policies. The recommended increase is for adjustments for pay
and to annualize funding added by Congress in fiscal years 2008
and 2009 for implementation of 9/11 Act requirements.
SURFACE TRANSPORTATION SECURITY INSPECTORS AND CANINES

The Committee recommends $100,323,000 for surface transportation security inspectors and canines, an increase of $75,602,000
from the fiscal year 2009 level and $14,200,000 above the amount
requested in the budget.
The Committee recommendation includes the requested increase
of $50,000,000 and 338 positions for 15 new Visible Intermodal
Prevention and Response [VIPR] teams for surface transportation
security. Currently there are 10 permanent VIPR teams deployed
to disrupt and deter potential terrorist activity across all modes of
transportation. TSA has failed to provide the Committee with a fiscal year 2009 requirement contained in Senate Report 110–396 on
performance standards associated with the VIPR program, methodology used to determine the distribution of VIPR resources and personnel among the various modes of transportation, and the results
of fiscal year 2008 deployments. TSA has yet to determine the combination of positions for the new teams, which have historically
been comprised of surface inspectors, Federal air marshals, and
transportation security officers. The Committee expects that none
of the additional funds provided in this act for VIPR teams will be
expended until TSA provides an expenditure plan associated with
the additional $50,000,000 and complies with the VIPR requirements detailed in Senate Report 110–396.
The Committee recommendation also includes $14,200,000 above
the request for 100 new surface transportation inspectors bringing
the total Surface Transportation Security Inspector workforce to
325. These additional positions will allow TSA to fulfill 9/11 Act
mandates, such as: increasing compliance inspections; conducting
system security evaluations; threat and vulnerability inspections;
and responding to surface transportation security incidents. The
DHS Inspector General, in report OIG–09–24, concluded that ‘‘TSA

64
would benefit from expanding the TSI workforce to handle new duties and to augment thinly staffed field offices.’’
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$116,018,000
191,999,000
171,999,000

Transportation threat assessment and credentialing includes several TSA credentialing programs: Secure Flight, Crew Vetting,
Screening Administration and Operations, Registered Traveler,
Transportation Worker Identification Credential, Hazardous Materials Commercial Drivers License Endorsement Program, and Alien
Flight School.
COMMITTEE RECOMMENDATIONS

The Committee recommends a direct appropriation of
$171,999,000
for
transportation
threat
assessment
and
credentialing, an increase of $55,981,000 from the fiscal year 2009
level and $20,000,000 below the budget request. In addition, an estimated $28,000,000 in fee collections are available for these activities in fiscal year 2010, as proposed in the budget.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Appropriations:
Secure Flight .........................................................................
Crew and Other Vetting ........................................................

82,211
33,807

84,363
107,636

84,363
87,636

Total Appropriations, Threat Assessment and
Credentialing ................................................................

116,018

191,999

171,999

Fee accounts:
Registered Traveler Program ................................................
Transportation Worker Identification Credential ...................
Hazardous Materials .............................................................
Alien Flight School fees 1 ......................................................

10,000
9,000
18,000
3,000

............................
9,000
15,000
4,000

............................
9,000
15,000
4,000

Total Fees, Transportation Threat Assessment and
Credentialing ................................................................

40,000

28,000

28,000

1 By

transfer from the Department of Justice.

SECURE FLIGHT

The Committee recommends $84,363,000 for Secure Flight,
$2,152,000 above the fiscal year 2009 level and the same as the
budget request. As outlined by the Intelligence Reform Act, this
program moves the responsibility of airline passenger watch list
matching from the air carriers to the Federal Government. Pursuant to section 512 of the Department of Homeland Security Appropriations Act, 2009, GAO assessed the extent to which TSA met 10
statutory conditions related to the development and implementation of the Secure Flight program. In May 2009, GAO reported that
TSA had generally achieved 9 of the 10 statutory conditions related

65
to the development of the Secure Flight program and had conditionally achieved 1 condition related to the appropriateness of lifecycle cost estimates and program plans. The Committee remains
concerned with risks to the program identified by GAO in its report. Therefore, TSA is directed to report on the progress it has
made in addressing GAO’s recommendations related to Secure
Flight’s name-matching system and assessing the impact of modifications to Computer-Assisted Passenger Prescreening System
rules on air carriers. TSA shall also report on actions it has taken
to develop appropriate life-cycle cost and schedule estimates for the
Secure Flight program and to address the security concern related
to passengers who could attempt to provide fraudulent information
when making an airline reservation to avoid detection. TSA shall
submit its report to the Committees on Appropriations no later
than 90 days after the enactment of this act.
CREW AND OTHER VETTING PROGRAMS

The Committee recommends $87,636,000 for Crew and Other
Vetting Programs, $53,829,000 above the fiscal year 2009 level and
$20,000,000 below the budget request.
The Committee recommendation includes funds as requested for
9/11 Act implementation, specifically for development of a webbased enrollment system and integration into the Security Threat
Assessment process.
The Committee supports TSA’s efforts to modernize its vetting
and credentialing infrastructure, which is currently made up of disconnected and duplicative systems. This has resulted in high system complexity, and lengthy adjudication processes due to manual
reviews. However, TSA is still in the early stages of this acquisition, which is estimated to have a 10-year cost of over
$570,500,000. Several key acquisition decisions have yet to be
made as they are still going through Departmental review. In addition, TSA is currently developing its proof of principle prototype
(Phase One), which is to be completed in October 2009 and is to
provide TSA with a proposed acquisition strategy and associated
acquisition risk reduction measures. The results of Phase One are
essential before large sums of money can be committed to develop
and deploy a target solution. Therefore, the Committee recommendation includes $56,500,000 instead of $76,500,000 requested in the budget.
TRANSPORTATION SECURITY SUPPORT

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$947,735,000
1,004,580,000
999,580,000

The transportation security support account supports the operational needs of TSA’s extensive airport/field personnel and infrastructure. Transportation security support includes: headquarters’
personnel, pay, benefits and support; intelligence; mission support
centers; human capital services; and information technology support.

66
COMMITTEE RECOMMENDATION

The Committee recommends $999,580,000 for transportation security support activities, an increase of $51,845,000 from the fiscal
year 2009 level and $5,000,000 below the budget request.
The following table summarizes the Committee’s recommendations compared to the fiscal year 2009 and budget request levels:
TRANSPORTATION SECURITY SUPPORT—FUNDING SUMMARY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Intelligence ...........................................................................................
Headquarters Administration ...............................................................
Information Technology ........................................................................
Human Capital Services ......................................................................

21,961
234,870
472,799
218,105

28,203
248,929
501,110
226,338

28,203
248,929
496,110
226,338

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

947,735

1,004,580

999,580

INTELLIGENCE

The Committee recommends $28,203,000 for the Office of Intelligence, an increase of $6,242,000 above the fiscal year 2009 level
and the same level as the budget request. The recommendation includes requested increases for pay, additional intelligence analytical support staffing, and 9/11 Act implementation.
HEADQUARTERS ADMINISTRATION

The Committee recommends $248,929,000 for headquarters administration, an increase of $14,059,000 from the fiscal year 2009
level and the same level as requested in the budget. The recommendation includes requested adjustments for pay, 9/11 Act implementation, and background investigations.
The Committee includes bill language withholding the obligation
of $20,000,000 for headquarters administration until expenditure
plans for air cargo security, explosives detection systems procurement and installation, and checkpoint support are provided to the
Committee.
INFORMATION TECHNOLOGY

The Committee recommends $496,110,000 for information technology, an increase of $23,311,000 from the fiscal year 2009 level
and $5,000,000 below the amount requested in the budget. The recommendation includes adjustments as requested for pay, TSA’s
electronic time attendance system, working capital fund costs, and
information technology purchases such as new secure multi-channel land mobile radios. The Committee includes $6,400,000 for data
center migration, $5,000,000 below the request. The reduction reflects funding that will not be expended until fiscal year 2011.
HUMAN CAPITAL SERVICES

The Committee recommends $226,338,000 for human capital
services, an increase of $8,233,000 from the fiscal year 2009 level
and the same level as requested in the budget.

67
COVERT TESTING

The Committee continues to support TSA’s covert testing activities and continues the requirement for semi-annual briefings on
these activities.
RISK-BASED DECISIONMAKING AND BUDGETING

The Committee notes that TSA has not submitted a report required in the joint explanatory statement accompanying the Department of Homeland Security Act, 2009, related to risk analysis
and resource allocation. The Committee expects this report to be
submitted expeditiously and continued on an annual basis as detailed in Senate Report 110–396. This annual submission shall be
made in classified or unclassified formats, as appropriate.
FEDERAL AIR MARSHALS

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$819,481,000
860,111,000
860,111,000

The Federal Air Marshals [FAMs] protect the air transportation
system against terrorist threats, sabotage, and other acts of violence. The FAMs account provides funds for the salaries, benefits,
travel, training, and other expenses of the program.
COMMITTEE RECOMMENDATION

The Committee recommends $860,111,000, an increase of
$40,630,000 from the fiscal year 2009 level and the same level as
requested in the budget. The recommendation includes the requested increase to fully annualize fiscal year 2009 appropriations
for sustainment of international operations.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
FEDERAL AIR MARSHALS
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Management and Administration ..................................................
Travel and Training .......................................................................

725,081
94,400

762,569
97,542

762,569
97,542

Total, Federal Air Marshals ..............................................

819,481

860,111

860,111

COAST GUARD
SUMMARY

The Coast Guard’s primary responsibilities are the enforcement
of all applicable Federal laws on the high seas and waters subject
to the jurisdiction of the United States; promotion of safety of life
and property at sea; assistance to navigation; protection of the marine environment; and maintenance of a state of readiness to function as a specialized service in the Navy in time of war, as authorized by sections 1 and 2 of title 14, United States Code.

68
The Commandant of the Coast Guard reports directly to the Secretary of the Department of Homeland Security.
COMMITTEE RECOMMENDATIONS

The Committee recommends a total program level of
$10,244,551,000 for the activities of the Coast Guard for fiscal year
2010.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
COAST GUARD—FUNDING SUMMARY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Operating Expenses .......................................................................
Environmental Compliance and Restoration .................................
Reserve Training ............................................................................
Acquisition, Construction, and Improvements ...............................
Emergency Appropriations (Public Law 111–5) ...................
Alteration of Bridges ......................................................................
Emergency Appropriations (Public Law 111–5) ...................
Research, Development, Test and Evaluation ...............................
Health Care Fund Contribution (Permanent Indefinite Appropriations) .........................................................................................
Retired Pay (mandatory) ................................................................

6,194,925
13,000
130,501
1,494,576
98,000
16,000
142,000
18,000

6,556,188
13,198
133,632
1,383,980
............................
............................
............................
19,745

6,838,291
13,198
133,632
1,597,580
............................
4,000
............................
29,745

257,305
1,236,745

261,000
1,361,245

261,000
1,361,245

Total, United States Coast Guard ....................................

9,601,052

9,728,988

10,238,091

Appropriations ..................................................................
Emergency Appropriations (Public Law 111–5) ...............

9,361,052
240,000

9,728,988
............................

10,238,091
............................

The Coast Guard will pay an estimated $261,000,000 in fiscal
year 2010 to the Medicare-Eligible Retiree Health Care Fund for
the costs of military, Medicare-eligible health benefits earned by its
uniformed service members. The contribution is funded by permanent, indefinite discretionary authority pursuant to the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108–375).
OPERATING EXPENSES

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$6,194,925,000
6,556,188,000
6,838,291,000

The Operating Expenses appropriation provides funds for the operation and maintenance of multipurpose vessels, aircraft, and
shore units strategically located along the coasts and inland waterways of the United States and in selected areas overseas. The program activities of this appropriation fall into the following categories:
Search and Rescue.—As one of its earliest and most traditional
missions, the Coast Guard maintains a nationwide system of boats,
aircraft, cutters, and rescue coordination centers on 24-hour alert.
Aids to Navigation.—To help mariners determine their location
and avoid accidents, the Coast Guard maintains a network of
manned and unmanned aids to navigation along the Nation’s
coasts and on its inland waterways. In addition, the Coast Guard

69
operates radio stations in the United States and abroad to serve
the needs of the armed services and marine and air commerce.
Marine Safety.—The Coast Guard ensures compliance with Federal statutes and regulations designed to improve safety in the
merchant marine industry and operates a recreational boating safety program.
Marine Environmental Protection.—The primary objectives of the
marine environmental protection program are to minimize the dangers of marine pollution and to assure the safety of ports and waterways.
Enforcement of Laws and Treaties.—The Coast Guard is the principal maritime enforcement agency with regard to Federal laws on
the navigable waters of the United States and the high seas, including fisheries, drug smuggling, illegal immigration, and hijacking of vessels.
Ice Operations.—In the Arctic and Antarctic, Coast Guard icebreakers escort supply ships, support research activities and Department of Defense operations, survey uncharted waters, and collect scientific data. The Coast Guard also assists commercial vessels through ice-covered waters.
Defense Readiness.—During peacetime, the Coast Guard maintains an effective state of military preparedness to operate as a
service in the Navy in time of war or national emergency at the
direction of the President. As such, the Coast Guard has primary
responsibility for the security of ports, waterways, and navigable
waters up to 200 miles offshore.
COMMITTEE RECOMMENDATIONS

The Committee recommends $6,838,291,000 for Coast Guard Operating Expenses, including $24,500,000 from the Oil Spill Liability
Trust Fund and $581,503,000 for Coast Guard defense-related activities. Of this amount, the Committee recommends not to exceed
$20,000 for official reception and representation expenses.
The recommended amount is $282,103,000 above the request and
$643,366,000 above the fiscal year 2009 level (excluding
$241,503,000 transferred or otherwise made available for overseas
contingency operations).
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
OPERATING EXPENSES
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Military Pay and Allowances:
Military Pay and Allowances .................................................
Military Health Care ..............................................................
Permanent Change of Station ..............................................

2,576,170
352,469
133,024

2,708,923
371,372
164,566

2,718,963
372,524
164,468

Subtotal, Military Pay and Allowances ............................

3,061,663

3,244,861

3,255,955

Civilian Pay and Benefits ..............................................................
Training and Recruiting:
Training and Education ........................................................
Recruiting and Training Centers ..........................................

645,350

699,594

700,042

95,989
99,930

103,388
102,582

103,668
102,761

70
OPERATING EXPENSES—Continued
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Subtotal, Training and Recruiting ...................................

195,919

205,970

206,429

Operating Funds and Unit Level Maintenance:
Atlantic Area Command ........................................................
Pacific Area Command .........................................................
1st District ............................................................................
5th District ............................................................................
7th District ............................................................................
8th District ............................................................................
9th District ............................................................................
11th District ..........................................................................
13th District ..........................................................................
14th District ..........................................................................
17th District ..........................................................................
Headquarter Directorates ......................................................
Headquarter Managed Units .................................................
Other Activities .....................................................................

175,823
196,112
59,069
21,792
77,391
46,916
31,595
17,645
22,931
19,099
30,979
318,642
158,616
796

177,474
195,943
60,074
21,941
78,338
49,276
31,672
17,641
23,060
19,289
29,829
285,193
158,901
882

177,474
195,943
60,139
21,976
78,366
49,506
31,733
17,769
23,126
19,289
30,531
288,584
159,236
897

Subtotal, Operating funds and unit level maintenance ..

1,177,406

1,149,513

1,154,569

Centrally-managed accounts .........................................................

262,294

353,071

354,874

Intermediate and Depot Level Maintenance:
Aeronautical ..........................................................................
Electronic ..............................................................................
Civil/Ocean Engineering & Shore Facilities ..........................
Vessel ....................................................................................

312,595
134,055
179,343
197,800

365,291
155,101
180,929
201,858

376,394
157,773
184,769
205,983

Subtotal, Intermediate and depot level maintenance .....

823,793

903,179

924,919

Port and maritime safety and security enhancements .................
Aviation mission-hour gap ............................................................

23,500
5,000

(1)
(1)

(1)
(1)

Subtotal, Operating Expenses ..........................................

6,194,925

6,556,188

6,596,788

Overseas contingency operations ..................................................

............................

............................

241,503

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

6,194,925

6,556,188

6,838,291

1 Funded

in traditional programs, projects, and activities.

OVERSEAS CONTINGENCY OPERATIONS

The Committee provides $241,503,000 for Coast Guard operations in support of overseas contingency operations requirements.
Funding for these activities was requested in the Department of
Defense budget for the Navy. This is the same amount expected in
fiscal year 2009 ($112,000,000 appropriated in Public Law 110–252
to Navy ‘‘Operation and Maintenance’’ for transfer to the Coast
Guard; and $129,503,000 included in the conference report accompanying the Supplemental Appropriations Act, 2009 for Coast
Guard ‘‘Operating Expenses’’). The Committee urges the administration to budget for Coast Guard overseas contingency operations
under the Department of Homeland Security in future budget requests.

71
FINANCIAL MANAGEMENT OVERSIGHT

The Committee recommends an increase of $20,000,000 and 44
FTE to carry out the Coast Guard’s Financial Strategy for Transformation and Audit Readiness, the same level as proposed in the
budget request. This amount will allow the Coast Guard to address
material weaknesses preventing accurate, complete, and timely financial information. These weaknesses have contributed greatly to
the inability of financial auditors to provide an opinion on the Department’s balance sheets. The Coast Guard shall periodically update the Committee on progress made toward attaining a clean
audit.
MARINE SAFETY

The Committee recommends an increase of $7,500,000 and 37
FTE for the Coast Guard’s marine safety program, the same level
as proposed in the budget request. This amount will expand the
Coast Guard’s marine safety workforce, which has remained relatively stagnant in previous years.
BIOMETRICS AT SEA

The Committee recommends an increase of $1,183,000 and 2
FTE to expand Coast Guard efforts to identify dangerous individuals documented by the US-VISIT program, the same level as proposed in the budget request. This effort expands on a pilot project
that resulted in a nearly 75 percent reduction in undocumented migrant flow from the Dominican Republic.
PROJECT SEAHAWK

The Committee recommends an increase of $1,088,000 and 1
FTE for Project Seahawk, the Interagency Operations Center in
Charleston, South Carolina, the same level as proposed in the
budget request. Project Seahawk is a multi-agency effort at the
Federal, State, and local level to improve maritime domain awareness. This amount will pay for administrative services, facility support, information and communications system hardware maintenance, and software licensing and support. The Department of Justice will continue to administer the center through fiscal year 2009.
The Coast Guard, as executive agent, will assume responsibility for
administering the center in fiscal year 2010. The Committee notes
that the information management component of the Interagency
Operations Center Project, ‘‘WatchKeeper’’, will facilitate virtual
participation for agencies that choose not to continue physical collocation at the Seahawk facility.
DATA CENTER MIGRATION

The Committee recommends an increase of $20,400,000 for the
migration of data systems to the Department of Homeland Security
Data Center One, $2,000,000 below the amount requested in the
budget. This effort is part of a Department-wide plan to consolidate
existing component data centers into two secure, geographically diverse locations.

72
LONG RANGE AIDS TO NAVIGATION-C

The Department’s budget request proposes to terminate Loran-C
stations on the basis that the system ‘‘is no longer required by the
armed forces, the transportation sector, or the Nation’s security interests, and is used only by a small segment of the population.’’
The justification goes on to say that ‘‘the Loran-C system was not
established as, nor was it intended to be, a viable systematic
backup for GPS.’’ The Committee believes additional time is needed
for the Department to fully evaluate the need for a GPS backup
system and the impact that decision will have on Loran-C. A general provision is included continuing funding for Loran-C through
January 4, 2010. Loran-C operations shall continue beyond that
date only if the Commandant of the Coast Guard certifies that: (1)
the termination of the Loran-C signal will not adversely impact the
safety of maritime navigation; and (2) the Loran-C system infrastructure is not needed as a back-up to GPS or any other Federal
navigation requirement. If the Commandant makes such a certification, the Loran-C signal shall be terminated effective January 4,
2010, and the Coast Guard shall commence a phased decommissioning of the Loran-C infrastructure.
NATIONAL MARITIME CENTER

The Committee recommendation includes $17,320,000 for the National Maritime Center, the same as the budget request level.
OPERATIONS SYSTEMS CENTER

The recommendation includes $3,600,000 above the request for
customized tenant improvements in conjunction with the Operations Systems Center [OSC] expansion project. The OSC continues
to experience steady growth in both the number of systems being
developed and the number of people 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
4 years and it will not accommodate 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 expeditiously produce a prospectus for this expansion and complete a competively awarded lease.
CRITICAL DEPOT LEVEL MAINTENANCE

The Committee recommends $20,000,000 above the budget request to address the Coast Guard’s significant backlog for critical
depot level maintenance for aging surface, air, and shore assets.
This additional amount will address crew safety, habitability, hazardous materials remediation, emergency and scheduled maintenance, and spare parts availability requirements. The Coast
Guard’s deferred maintenance backlog is in excess of $800,000,000.
WATCHSTANDERS

The Committee recommends $1,000,000 above the budget request
to meet increased operational demands and to increase situational
awareness and information sharing in all Coast Guard command
centers. This amount will allow the Coast Guard to add a total of

73
20 new watchstanders to Sector Command Centers that will be
converted to Interagency Operation Centers [IOC].
POLAR OPERATIONS AND MAINTENANCE FUNDING

The Committee notes the budget request did not include transfer
of operating and maintenance funds for the polar icebreakers from
the National Science Foundation [NSF] to the Coast Guard as directed in the joint explanatory statement accompanying the Department of Homeland Security Appropriations Act, 2009 (Public
Law 110–329). For fiscal year 2011, the Committee expects the operating and maintenance budget authority and associated FTE to
be included in the Coast Guard’s request. The two agencies shall
update the existing Memorandum of Agreement to reflect the
change in budget authority.
WORKFORCE ACTION PLAN

The Coast Guard has failed to submit a workforce action plan to
the Committee as required in Senate Report 110–396. The Committee expects this plan to be submitted expeditiously.
COAST GUARD YARD

The Committee recognizes the Coast Guard Yard at Curtis Bay,
Maryland, is a critical component of the Coast Guard’s core logistics capability which directly supports fleet readiness. The Committee further recognizes the Yard has been a vital part of the
Coast Guard’s readiness and infrastructure for more than 100
years and believes that sufficient industrial work should be assigned to the Yard to maintain this capability.
SECURITY OF LIQUEFIED NATURAL GAS OPERATIONS

The Committee is concerned that the Coast Guard does not have
enough resources to protect liquefied natural gas [LNG] tankers
and terminals. The Committee also is concerned that a uniform approach does not exist to pay for the security of these operations.
The Committee therefore directs the Secretary, in conjunction with
the Commandant, to submit a report with an assessment of whether the Coast Guard has sufficient resources to protect LNG tankers
and facilities and recommendations for strengthening the Coast
Guard’s security role. The report also should identify security funding alternatives. The Secretary is to submit the report within 6
months after the date of enactment of this act.
The Committee expects the Coast Guard to fully evaluate the impact of recreational and commercial vessel traffic in relation to
navigational safety and security of a proposed LNG facility in Fall
River, Massachusetts. The proposed project and associated vessel
traffic may significantly limit access for commercial and recreational users on Mount Hope Bay and Narragansett Bay. The
Committee directs the Coast Guard to report to the Committee
within 6 months after the date of enactment of this act on its evaluation and recommendations to address the impacts on affected
waterway users.

74
NATIONAL VESSEL DOCUMENTATION CENTER

The Committee understands that user fee collections, which help
pay for Coast Guard activities at the National Vessel Documentation Center [NVDC], have fallen significantly due to the economic
downturn. The Committee directs the Coast Guard to avoid any reduction in the NVDC’s government-employed or contract staff levels, paid through fee revenue, by reassigning such staff to non-fee
related Coast Guard activities.
ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$13,000,000
13,198,000
13,198,000

The Environmental Compliance and Restoration account provides
funds to address environmental problems at former and current
Coast Guard units as required by applicable Federal, State, and
local environmental laws and regulations. Planned expenditures for
these funds include major upgrades to petroleum and regulatedsubstance storage tanks, restoration of contaminated ground water
and soils, remediation efforts at hazardous substance disposal sites,
and initial site surveys and actions necessary to bring Coast Guard
shore facilities and vessels into compliance with environmental
laws and regulations.
COMMITTEE RECOMMENDATIONS

The Committee recommends $13,198,000 for environmental compliance and restoration, $198,000 above the fiscal year 2009 level
and the same as the budget request.
RESERVE TRAINING

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$130,501,000
133,632,000
133,632,000

The Reserve Training program provides trained units and qualified persons for active duty in the Coast Guard in time of war or
national emergency, or at such other times as national security requires. Coast Guard reservists must also train for mobilization assignments unique to the Coast Guard in time of war, such as port
security operations associated with the Coast Guard’s Maritime Defense Zone mission, including deployable port security units.
COMMITTEE RECOMMENDATIONS

The Committee recommends $133,632,000, as proposed in the
budget, for Reserve Training. This is $3,131,000 more than the fiscal year 2009 level and the same as the budget request.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

Appropriations, 2009 1 ........................................................................... $1,592,576,000
Budget estimate, 2010 ........................................................................... 1,383,980,000
Committee recommendation .................................................................
1,597,580,000
1 Includes $98,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111–5).

75
Funding in this account supports Coast Guard plans for fleet expansion and improvement. This funding provides for the acquisition, construction, and improvement [AC&I] of vessels, aircraft, information management resources, shore facilities, and aids to navigation required to execute the Coast Guard’s missions and achieve
its performance goals.
Vessels.—The Coast Guard continues to acquire multi-mission
platforms that use advanced technology to reduce life-cycle operating costs.
Integrated Deepwater Systems (Deepwater).—The Deepwater capability replacement project is a multi-year, performance-based acquisition that will replace or modernize the major Coast Guard cutters, offshore patrol boats, fixed wing aircraft, multi-missioned helicopters, and the communications equipment, sensors, and logistics
systems required to maintain and operate them.
Other Equipment.—The Coast Guard invests in numerous management information and decision support systems that will result
in increased efficiencies, including Rescue 21, formerly the National Distress and Response System Modernization Project, and
the Nationwide Automated Identification System.
Shore Facilities.—The Coast Guard invests in modern structures
that are more energy-efficient, comply with regulatory codes, minimize follow-on maintenance requirements, and replace existing dilapidated structures.
COMMITTEE RECOMMENDATION

The Committee recommends $1,597,580,000 for acquisitions, construction, and improvements, including $20,000,000 from the Oil
Spill Liability Trust Fund.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Vessels:
Response Boat—Medium .....................................................
Inland River Tender Replacement ........................................

108,000
5,000

103,000
............................

123,000
............................

Subtotal, Vessels ..............................................................

113,000

103,000

123,000

Integrated Deepwater Systems:
Aircraft:
Maritime Patrol Craft ...................................................
HH–60 conversions ......................................................
HC–130H conversions/sustainment .............................
HH–65 conversion/sustainment ...................................
Unmanned aircraft systems ........................................
HC–130J fleet introduction ..........................................

86,600
52,700
24,500
64,500
3,000
13,250

175,000
45,900
45,300
38,000
............................
1,300

175,000
45,900
45,300
38,000
............................
1,300

Subtotal, Aircraft .....................................................

244,550

305,500

305,500

Surface ships:
National Security Cutter ..............................................
Offshore patrol cutter ..................................................
Fast Response Cutter ..................................................
IDS Small boats ...........................................................

353,700
3,003
115,300
2,400

281,480
9,800
243,000
3,000

389,480
9,800
243,000
3,000

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ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS—Continued
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Polar Icebreaker sustainment ......................................
Patrol boats sustainment ............................................
Medium Endurance Cutter sustainment ......................
High Endurance Cutter sustainment ...........................

30,300
30,800
35,500
............................

............................
23,000
31,100
............................

27,300
23,000
31,100
8,000

Subtotal, Surface .....................................................

571,003

591,380

734,680

Technology Obsolescence Prevention .............................................
C4ISR .............................................................................................
Logistics .........................................................................................
Systems engineering and management ........................................
Government program management ...............................................

1,500
88,100
37,700
33,141
58,000

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

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

Subtotal, Integrated Deepwater System ...........................

1,033,994

1,051,480

1,194,780

Other Equipment:
Nationwide Automatic Identification System ........................
Defense Messaging System ..................................................
Rescue 21 .............................................................................
High Frequency Recapitalization ..........................................
Interagency Operations Centers (Command 21) ..................

8,600
4,074
73,000
2,500
1,000

............................
............................
117,000
2,500
............................

............................
............................
117,000
2,500
28,000

Subtotal, Other Equipment ...............................................

89,174

119,500

147,500

Shore Facilities and Aids to Navigation:
Survey and Design—Shore and Operational Support ..........
Survey and Design—Coast Guard Academy Pier ................
Waterways ATON Infrastructure ............................................
Coast Guard Station Cleveland Harbor ................................
Coast Guard Telecoms and Information Systems Center ....
Coast Guard Air Station Cape Cod—Runway Lighting .......
Sector Delaware Bay—Consolidate Cape May Station ........
Coast Guard Housing—Cordova, Alaska .............................
Coast Guard Academy—Chase Hall ....................................
Station Montauk—Purchase Housing ..................................
Rescue Swimmer Training Facility .......................................
Sector Buffalo .......................................................................

2,050
............................
4,000
............................
2,500
5,000
13,000
11,600
10,300
1,550
15,000
3,000

6,000
............................
4,000
............................
............................
............................
............................
............................
............................
............................
............................
............................

6,000
300
4,000
16,800
............................
............................
............................
............................
............................
............................
............................
............................

Subtotal, Shore Facilities and Aids to Navigation ..........

68,000

10,000

27,100

Coast Guard/DHS Headquarters ....................................................
Personnel and Related Support:
Direct personnel costs ..........................................................
Acquisition Costs ..................................................................

97,578

............................

............................

92,330
500

99,500
500

104,700
500

Subtotal, Personnel and Related Support ........................

92,830

100,000

105,200

Subtotal, Acquisitions, Construction, and Improvements ...........................................................................

1,494,576

1,383,980

1,597,580

Emergency Appropriations (Public Law 111–5) ............................

98,000

............................

............................

Total, Acquisitions, Construction, and Improvements .....

1,592,576

1,383,980

1,597,580

RESPONSE BOAT—MEDIUM

The Committee recommends $123,000,000 for the Response Boat
Medium [RB–M] acquisition, $20,000,000 above the budget request.
This amount will allow the Coast Guard to purchase 40 RB–Ms in
fiscal year 2010, 10 above the request. The RB–M is a critical asset

77
for the Coast Guard to replace aging 41-foot Utility Boats acquired
in the early 1970s and will serve as a platform for boardings,
search and rescues, and port security. Recent studies have identified the lack of response boats as an impediment to fully implementing the Coast Guard’s mission requirements. The Committee
notes that the RB–M project continues to meet or exceed cost,
schedule, and performance parameters.
DEEPWATER FUNDING

The Committee recommends $1,194,780,000 for Deepwater,
$143,300,000 above the amount requested and $160,786,000 above
the fiscal year 2009 level. Details of major procurements under this
program and changes to the request are provided below.
MARITIME PATROL AIRCRAFT

The Committee recommends $175,000,000 for the Maritime Patrol Aircraft [MPA], the same level as proposed in the budget request. This funding will allow the Coast Guard to acquire 2 aircraft
(13 and 14), mission systems, and a flight simulator. The funds will
address the Coast Guard’s MPA flight-hour gap by providing 2,400
additional MPA hours every year.
NATIONAL SECURITY CUTTER

The recommendation includes $389,480,000 for the National Security Cutter [NSC] acquisition, $108,000,000 above the budget request. The Committee disagrees with the administration’s decision
to delay funding for the 5th NSC. The NSC program, which is already 2 years behind schedule, will be further delayed without additional funds. The 12 legacy cutters the NSC will replace are frequently out of service due to unscheduled maintenance requirements. These 12 cutters lose an average of 250 operational days
per year due to unplanned maintenance, which is directly impacting the Coast Guard’s ability to perform its many missions. Funds
are provided to complete production of NSC #4 and for long-lead
time materials for NSC #5, which ensures the Coast Guard is properly positioned to negotiate a best-value, fixed-price contract for
NSC #4 and avoids additional project costs and recapitalization
delays associated with a break in NSC production.
The Committee strongly supports the procurement of one National Security Cutter per year until all eight planned ships are
procured. The continuation of production without a break will ensure that these ships, which are vital to the Coast Guard’s mission,
are procured at the lowest cost, and that they enter the Coast
Guard fleet as soon as possible.
FAST RESPONSE CUTTER

The Committee recommends $243,000,000 for the Coast Guard’s
‘‘Fast Response Cutter’’ [FRC–B], the same level as proposed in the
budget request. This funding will allow the Coast Guard to acquire
four FRC–B hulls (5–8). The first FRC–B is scheduled for delivery
in the third quarter of fiscal year 2011 and will be fully operational
in fiscal year 2012. The Committee expects the Coast Guard to continue quarterly briefings on the status of this procurement, includ-

78
ing critical decision points and dates, planned service life extensions of the existing 110-foot patrol boats, and patrol boat operational metrics.
MISSION EFFECTIVENESS PROJECT

The recommendation includes $54,100,000 for the Mission Effectiveness Project, the same level as proposed in the budget request.
Of this amount, $31,100,000 is for sustainment of three 270-foot
and two 210-foot medium endurance cutters, and $23,000,000 is for
sustainment of three 110-foot legacy patrol boats. This funding is
intended to improve mission effectiveness of these vessels to allow
them to meet their goals for program availability through the remainder of their service lives. This program has been successful in
significantly reducing the number of major equipment casualties on
these vessels resulting in a much higher percentage of time they
are fully mission capable.
OFFSHORE PATROL CUTTER

The recommendation includes $9,800,000 for the Offshore Patrol
Cutter [OPC], the same level as proposed in the budget request.
The Committee directs the Coast Guard to brief the Committee by
April 30, 2010, on the results of the alternatives analysis for the
OPC.
RESCUE 21

The Committee provides $117,000,000 for Rescue 21, the same
level proposed in the budget. The Coast Guard’s quarterly acquisition report continues to identify risks associated with tower planning, particularly with ‘‘obtaining leases, unexpected environmental issues, FAA restrictions, wetland delineation, and structural integrity issues.’’ The Coast Guard is directed to continue
quarterly briefings on the status of the program, including changes
to the schedule outlined in the request or any deviation from the
revised acquisition program baseline.
POLAR ICEBREAKER SUSTAINMENT

The Committee recommends $32,500,000 above the budget request to complete the reactivation and service life extension of
Coast Guard Cutter Polar Star. Of this amount, $5,200,000 is funded in the AC&I direct personnel costs PPA. Returning Polar Star
to operational status is vital to ensuring the U.S. Government has
the ability to project U.S. sovereignty and protect the broad range
of security, economic, and environmental interests in the Arctic and
Antarctic. Within this amount, the Coast Guard shall begin survey
and design and conduct a business case analysis for either a new
heavy polar icebreaker class or a major service life extension
project for existing heavy icebreakers. The only existing heavy
polar class icebreaker, the Polar Sea, has only 7 years remaining
in its useful life.
INTERAGENCY OPERATIONS CENTERS

The Committee provides $28,000,000 above the budget request to
enhance port security and inter-agency cooperation at the Federal,

79
State, and local level through the development of Interagency Operations Centers, which are authorized by the SAFE Port Act.
Funds are provided for facility construction and deployment of sensors and an information management system to enhance maritime
domain awareness in the Nation’s ports. Within 90 days after the
date of enactment of this act, the Coast Guard shall submit an expenditure plan for these funds.
HIGH ENDURANCE CUTTER SUSTAINMENT

Delays in the planned delivery of National Security Cutters have
created a sustainment problem for the Coast Guard in maintaining
its fleet of legacy High Endurance Cutters. The Committee is
aware of efforts to assess the need and scope for a maintenance
plan for the 378-foot High Endurance Cutter fleet. The Committee
includes $8,000,000 above the request for pre-acquisition survey
and design to determine the requirements for a maintenance effectiveness project. A similar program for the Medium Endurance
Cutter fleet has been highly successful in increasing its fully-capable mission availability. The Coast Guard shall brief the Committee no later than 60 days after the date of enactment of this act
on preliminary plans for this effort.
AC&I PERSONNEL

The Committee provides $105,200,000 for personnel and related
support, $5,200,000 above the budget request. These additional
FTEs are necessary for the Coast Guard to perform the systems integrator role for the Deepwater Program and to execute traditional
acquisition projects. This amount also includes personnel related
costs to reactivate the Polar Star.
The Committee is well aware of the limited pool of certified and
experienced acquisition professionals. Therefore, the Committee encourages the Coast Guard to work with the appropriate authorizing
committees to ensure that its hiring authorities are on par with
those of the other armed services.
According to recent testimony by the Government Accountability
Office, ‘‘there are approximately 200 contractor employees in support of the acquisition directorate—representing 24 percent of its
total acquisition workforce.’’ Some of these contractors are performing core Government acquisition functions. The Coast Guard
shall brief the Committee no later than 60 days after the date of
enactment of this act on efforts to reduce reliance on contractors
performing inherently governmental work.
ICEBREAKING CAPABILITIES IN THE GREAT LAKES REGION

The Committee recognizes the Coast Guard’s icebreaking capabilities in the Great Lakes region are challenged by a taxing mission being placed upon an aging fleet. Modernization of this fleet
is critical not only to the safe and efficient movement of commerce
on the Great Lakes, but the safety of Great Lakes communities.
The Committee directs the Coast Guard to conduct an alternatives
analysis for Great Lakes icebreaking, which is to be submitted to
the Committee no later than 4 months after the date of enactment
of this act.

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DEEPWATER EXPENDITURE PLAN

The Coast Guard is directed to brief the Committee on its fiscal
year 2010 deepwater expenditure plan not later than 60 days after
the date of enactment of this act. The briefing shall be consistent
with the Deepwater expenditure plan requirements set forth in
Public Law 110–329.
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 Committee
notes 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 the Government Accountability Office. 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. Because the Coast Guard consistently fails to meet quarterly submission deadlines, the Committee
withholds $30,000,000 from Headquarter Directorates until the second quarter report is submitted.
GAO DEEPWATER REVIEW

The GAO is directed to continue its oversight of the Deepwater
program. GAO’s focus shall include an assessment of the Coast
Guard’s conversion projects for the HH–60 and HH–65 platforms.
The Committee is concerned with the schedule for both programs.
According to the Coast Guard’s quarterly acquisition reports, the
schedule for the HH–60 program is at ‘‘significant risk’’ and is not
expected to meet projected milestones. The same reports show a
moderate schedule risk for the HH–65 conversion program. Delays
in the HH–65 conversion program have resulted in an unobligated
balance in excess of $100,000,000 and the Coast Guard expects to
carryover $58,729,000 into fiscal year 2010.
COAST GUARD ACADEMY PIER

The Committee continues to be concerned with the condition of
the Coast Guard Academy Pier. The pier, which was erected in
1932, has severely deteriorated according to an independent assessment conducted on behalf of the Coast Guard in October 2004. The
Committee recommendation includes $300,000 for survey and design costs for this project.

81
COAST GUARD STATION CLEVELAND HARBOR

The amount recommended for shore facilities includes
$16,800,000 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.
CAPITAL INVESTMENT PLAN

The Committee expects the Coast Guard to continue to submit a
comprehensive capital investment plan each year at the time the
President’s budget is submitted to the Congress.
The Committee directs the Commandant to provide to the Congress, at the time of the President’s budget submission, a list of approved but unfunded Coast Guard priorities and the funds needed
for each.
ALTERATION OF BRIDGES

2009 1

Appropriations,
...........................................................................
$158,000,000
Budget estimate, 2010 ...........................................................................
...........................
Committee recommendation .................................................................
4,000,000
1 Includes $142,000,000 provided in the American Recovery and Reinvestment Act of 2009
(Public Law 111–5).

Under the provisions of the Truman-Hobbs Act of June 21, 1940
(33 U.S.C. 511 et seq.), the Coast Guard, as the Federal Government’s agent, is required to share with owners the cost of altering
railroad and publicly owned highway bridges which obstruct the
free movement of navigation on navigable waters of the United
States in accordance with the formula established in 33 U.S.C. 516.
Alteration of obstructive highway bridges is eligible for funding
from the Federal-Aid Highways program.
COMMITTEE RECOMMENDATIONS

The Committee recommends $4,000,000 above the request for the
Fort Madison Bridge in Iowa. This bridge has 90 percent of its design completed and could begin construction once sufficient funding
is in place.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$18,000,000
19,745,000
29,745,000

The Coast Guard’s Research and Development program develops
techniques, methods, hardware, and systems that directly contribute to increasing the productivity and effectiveness of the Coast
Guard’s operating missions. This account provides funds to operate
and maintain the Coast Guard Research and Development Center.
COMMITTEE RECOMMENDATIONS

The Committee recommends $29,745,000 for the Coast Guard’s
research, development, test, and evaluation activities, $10,000,000
above the budget request and $11,745,000 above the fiscal year
2009 level.

82
The Committee recommends $10,000,000 above the request for
continued land and cutter-based Unmanned Aerial System [UAS]
priority research. The Coast Guard is scheduled to make a final
recommendation on the most effective UAS for the National Security Cutter [NSC] in March 2010. These additional funds will enable the Coast Guard to perform dynamic testing, including launch
and recovery from aboard the NSC. Further, this funding will allow
the Coast Guard to continue its partnership with U.S. Customs and
Border Protection in the development and field testing of landbased UAS solutions capable of operating in the maritime environment through advanced concept technology demonstrations.
RETIRED PAY

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$1,236,745,000
1,361,245,000
1,361,245,000

This account provides for the retired pay of military personnel of
the Coast Guard and Coast Guard Reserve, members of the former
Lighthouse Service, and for annuities payable to beneficiaries of retired military personnel under the retired serviceman’s family protection plan (10 U.S.C. 1431–1446) and survivor benefit plan (10
U.S.C. 1447–1455); payments for career status bonuses under the
National Defense Authorization Act; and payments for medical care
of retired personnel and their dependents under the Dependents
Medical Care Act (10 U.S.C., ch. 55).
COMMITTEE RECOMMENDATIONS

The Committee recommends $1,361,245,000, as proposed in the
budget, for retired pay.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES

Appropriations, 2009 1 ...........................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$1,508,729,000
1,485,609,000
1,482,709,000

1 Includes $100,000,000 in emergency appropriations pursuant to the Omnibus Appropriations
Act, 2009 (Public Law 111–8).

The United States Secret Service’s salaries and expenses appropriation provides funds for the security of the President, the Vice
President, and other dignitaries and designated individuals; for enforcement of laws relating to obligations and securities of the
United States and laws relating to financial crimes; and for protection of the White House and other buildings within the Washington, DC, metropolitan area.
COMMITTEE RECOMMENDATIONS

The Committee recommends $1,482,709,000 for Salaries and Expenses. This is an increase of $73,980,000 from the comparable fiscal year 2009 level, excluding emergency funding, and $2,900,000
below the amount proposed in the budget.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:

83
UNITED STATES SECRET SERVICE—SALARIES AND EXPENSES
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Headquarters, Management and Administration ......................................
Protection:
Protection of Persons and Facilities .................................................
Protective Intelligence Activities .......................................................
National Special Security Events ......................................................
Presidential Candidate Nominee Protection .....................................
White House Mail Screening .............................................................

182,104

221,045

221,045

705,918
59,761
1,000
41,082
33,701

759,561
67,824
1,000
........................
25,315

759,561
67,824
1,000
........................
22,415

Subtotal, Protection ......................................................................

841,462

853,700

850,800

241,772

260,892

260,892

30,000

30,705

30,705

51,836
8,366

56,541
8,366

56,541
8,366

331,974

356,504

356,504

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 ....................................
Subtotal, Investigations ...............................................................
Training: Rowley Training Center ..............................................................

53,189

54,360

54,360

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

1,508,729

1,485,609

1,482,709

Appropriations ..............................................................................
Emergency Appropriations (Public Law 111–5) ...........................

1,408,729
100,000

1,485,609
........................

1,482,709
........................

INTERNATIONAL ACTIVITIES AND OFFICES

In fiscal year 2008, Secret Service international offices closed 188
counterfeit cases, 180 financial crimes cases, 444 protective intelligence cases, 466 protective surveys, and 217 non-criminal cases.
During this period, Secret Service international offices also assisted
its law enforcement partners abroad with the arrest of 657 suspects, while seizing over $31,300,000 in counterfeit United States
currency before it could be introduced into circulation.
The Committee recommends $30,705,000 and 74 FTE, as requested, for international field office administration, operations,
and training. This includes $700,000, as requested, for operations
of the Tallinn, Estonia international field office. The Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act,
2009 (Public Law 110–329), provided the Secret Service with an additional $1,658,000 to expand foreign field office operations, as
originally proposed by the Senate. These funds were intended to assist in overseas activities, including the opening of an international
office to combat the increase in financial institution fraud, credit
card fraud, and counterfeiting of United States currency emanating
from the Baltic region. The Secret Service has determined that the
best Baltic location from which to combat this threat is Tallinn, Estonia. The Committee is aware that the Secret Service operates in
22 overseas locations and notes that 5 new overseas offices have
opened since January 9, 2005. The Committee directs the Secret
Service to open the Tallinn office immediately and includes bill language directing that this office be opened with the fiscal year 2009
funding made available for this purpose.

84
INFORMATION INTEGRATION AND TRANSFORMATION PROGRAM

The Committee became aware of the significant information technology [IT] integration and transformation requirements facing the
Secret Service during the 2008–2009 Presidential transition and
provided $31,700,000 in emergency funding for the Secret Service
to immediately address White House Communications Agency
interoperability requirements and to begin jointly addressing these
additional IT funding requirements with the Office of Management
and Budget. The Committee recommends funding of $97,974,000,
an increase of $33,960,000 and 3 FTE, as requested; and directs
the Secret Service and the DHS Chief Information Officer to provide semiannual briefings on progress in upgrading these IT systems and programs.
ELECTRONIC CRIMES TASK FORCES

The Committee strongly supports the Electronic Crimes Task
Force program, authorized in the USA PATRIOT Act of 2001 (Public Law 107–56), and is pleased that it is operating in 24 locations
across the Nation. The Committee recommends $56,541,000 and
317 FTE, an increase of $2,000,000 over the fiscal year 2009 level
and the amount requested in the budget.
UNIFORMED DIVISION

The Committee notes that the Uniformed Division plays a critical
role in providing protective services to Secret Service protectees
and others. In the past 3 fiscal years, an average of 12.7 percent
of Uniformed Division Officers have become Special Agents. The
Committee believes it is important to make full use of these officers’ expertise and notes that authorizing language has been submitted to Congress to reform the pay structure for the Uniformed
Division of the Secret Service. The Committee provides $4,040,000
associated with this proposed salary restructuring. Bill language is
included to withhold the obligation of these funds until enactment
of authorizing language that incorporates the authorities of the
United States Secret Service Uniformed Division into the United
States Code.
WHITE HOUSE MAIL SCREENING FACILITY

The Committee recommends $22,415,000, $2,900,000 below the
budget request for the White House mail facility, due to one-time
equipment costs funded in fiscal year 2009.
MISSING AND EXPLOITED CHILDREN

As requested by the President, the Committee provides
$2,366,000 for the Secret Service’s forensic support costs, and provides $6,000,000, to remain available until expended, for activities
related to investigations of exploited children.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$4,225,000
3,975,000
3,975,000

85
This appropriation provides funding for security upgrades of existing facilities; to continue development of the current master
plan; to maintain and renovate existing facilities, including the
James J. Rowley Training Center (Center); and to ensure efficient
and full utilization of the Center.
COMMITTEE RECOMMENDATIONS

The Committee recommends an appropriation of $3,975,000, the
same as the amount proposed in the budget, for acquisition, construction, repair, and improvement expenses of the Secret Service
for fiscal year 2010.

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

AND

PROGRAMS DIRECTORATE

The National Protection and Programs Directorate aims to foster
better integration of national approaches between strategic homeland security programs, facilitate infrastructure protection, ensure
broad emergency communications capabilities, integrate risk management, identity safeguards for visitors to this country, and ensure the protection of Federal buildings and facilities.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
[In thousands of dollars]
Fiscal year 2009
enacted

Management and Administration ........................................................
Infrastructure Protection and Information Security: 1
Infrastructure Protection .............................................................
National Cyber Security Division ................................................
Office of Emergency Communications ........................................
National Security Emergency Preparedness Telecoms ...............
United States Visitor and Immigrant Status Indicator Technology .....................................................................................................
Federal Protective Service 2 .................................................................

Fiscal year 2010
budget request

Committee
recommendations

51,350

44,577

44,577

313,800
313,500
38,300
141,313

333,303
400,654
44,060
140,149

346,303
398,654
44,060
112,399

300,000
(3)

356,194
1,115,000

378,194
1,115,000

Total, National Protection and Programs Directorate (gross)

1,158,263

2,433,937

2,439,187

Offsetting Fee Collections ....................................................................

(3)

¥1,115,000

¥1,115,000

Total, National Protection and Programs Directorate (net) ...

1,158,263

1,318,937

1,324,187

1 PPA

realignment proposed in the President’s budget request not displayed due to lack of comparability.
2 Fully funded by offsetting collections paid by General Services Administration tenants and credited directly to this appropriation.
3 The Federal Protective Service was funded in U.S. Immigration and Customs Enforcement in fiscal year 2009.

MANAGEMENT AND ADMINISTRATION

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee Recommendation ................................................................

$51,350,000
44,577,000
44,577,000

This account funds salaries and expenses for the Office of the
Under Secretary, which oversees all activities of the National Protection and Programs Directorate [NPPD]. This account also funds
business operations, information technology support services, and
the Office of Risk Management and Analysis.
COMMITTEE RECOMMENDATIONS

The Committee recommends $44,577,000, for Management and
Administration, of which $9,895,000 is for the Office of Risk Man(86)

87
agement and Analysis. This is $6,773,000 less than fiscal year 2009
due to the reallocation of administrative expenses to ‘‘Infrastructure Protection and Information Security’’, and the same amount as
requested in the budget.
NPPD PERFORMANCE

Tasked with a broad mission, NPPD remains loosely defined and
lacks focus in many critical areas. The Committee remains frustrated with NPPD’s continued inability to clearly articulate goals,
demonstrate accomplishments, hire needed staff, obligate appropriated resources, or describe its programs. Over the past several
years, these failures have led Congress to provide funding below requested levels or withhold appropriated funds from obligation
pending the receipt of further information. Last year, for example,
because of a poor budget justification, Congress withheld from obligation half of the $50,200,000 appropriated for fiscal year 2009 for
the Next Generation Networks Program until the Committees on
Appropriations receive and approve an expenditure plan. While the
Department asserted this program was critical to maintain emergency communications for Government officials, it has submitted
no expenditure plan although it is 8 months into the fiscal year.
The lack of management improvements puts the Directorate’s important work in jeopardy and fails to make Americans safer. NPPD
management must be improved. The Under Secretary for National
Protection and Programs Directorate is directed to provide quarterly briefings to the Committee on the specific use of resources
provided in this act, including how the investments are improving
the security of the Nation.
OFFICE OF RISK MANAGEMENT AND ANALYSIS

The mission of the Office of Risk Management and Analysis
[RMA] is to lead the Department’s efforts to establish a common
framework to address the overall management and analysis of
homeland security risk. In the context of that mission, the Committee directs NPPD to provide an expenditure plan for the RMA
no later than 90 days after the date of enactment of this act. The
expenditure plan shall include the specific projects on which RMA
will work; the quantifiable outcomes of each program; and how specifically the programs contribute to the mission of risk management and analysis for the Department and for the Nation.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$806,913,000
918,166,000
901,416,000

Infrastructure Protection and Information Security [IPIS] assists
the entities and people responsible for securing the Nation’s critical
infrastructure assets. In addition, IPIS works collaboratively with
public, private, and international entities to secure cyberspace and
U.S. cyber assets, and reduce the vulnerability of the Nation’s telecommunications and information technology infrastructures.

88
COMMITTEE RECOMMENDATIONS

The Committee recommends total appropriations of $901,416,000
for Infrastructure Protection and Information Security [IPIS] programs.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request 1

Committee
recommendations

Infrastructure Protection:
Identification and Analysis ...............................................................
Coordination and Information Sharing .............................................
Mitigation Programs .........................................................................

80,603
62,367
170,830

86,610
50,582
196,111

90,610
59,582
196,111

Subtotal, Infrastructure Protection ...............................................

313,800

333,303

346,303

National Cyber Security Division:
U.S. Computer Emergency Response Team [US–CERT] ...................
Strategic Initiatives ..........................................................................
Outreach Programs ...........................................................................

254,924
49,138
9,438

333,629
57,679
9,346

331,629
57,679
9,346

Subtotal, National Cyber Security Division ..................................

313,500

400,654

398,654

Office of Emergency Communications .......................................................
National Security/Emergency Preparedness Telecommunications:
Priority Telecommunications Service ................................................
Next Generation Networks .................................................................
Programs to Study and Enhance Telecommunications ....................
Critical Infrastructure Protection ......................................................
National Command and Coordination Capability .............................

38,300

44,060

44,060

58,740
50,250
15,100
11,260
5,963

56,773
50,250
19,274
13,852
........................

56,773
25,000
16,774
13,852
........................

Subtotal, National Security/Emergency Preparedness Telecommunications .......................................................................

141,313

140,149

112,399

Total, Infrastructure Protection and Information Security ...........

806,913

918,166

901,416

1 PPA

realignment proposed in the President’s budget request not displayed due to lack of comparability.

INFRASTRUCTURE PROTECTION

The Committee provides $346,303,000 for Infrastructure Protection, $13,000,000 above the level in the request. The increase is for
programs within Coordination and Information Sharing as discussed below.
The Committee understands that the Office of Infrastructure
Protection [OIP] continues to look for and provide innovative initiatives to enhance security. The Committee encourages OIP to continue to work with the University of Southern Mississippi to address the range of potential and actual threats and risks to the ongoing safety and security at venues with large crowds.
NATIONAL INFRASTRUCTURE PROTECTION PLAN MANAGEMENT/
CRITICAL INFRASTRUCTURE AND KEY RESOURCES PARTNERSHIPS

The Committee recommends an increase of $9,000,000 above the
request level, and $2,785,000 below fiscal year 2009, for National
Infrastructure Protection Plan Management and Critical Infrastructure and Key Resources Partnerships within Coordination and

89
Information Sharing. The Committee continues to recognize the important role these efforts play in fostering and sustaining collaborative relationships between industry and Government.
INFRASTRUCTURE SECURITY COMPLIANCE

The Committee recommends $103,363,000 the same amount as
the budget request, and $25,363,000 above fiscal year 2009, for infrastructure security compliance, including the chemical facility
and ammonium nitrate security programs. The Committee supports
the proposed increase in the budget which includes an additional
23 FTE for these important programs. The increase, combined with
the conversion of contract employees to Federal employees, will increase the total number of FTE by 168 over fiscal year 2009, for
a total of 246 FTE. The Committee expects that an accelerated hiring process will be fully maximized to bring qualified and vetted
personnel on board quickly and directs NPPD to provide a monthly
update of the FTE on-board and specific actions being taken to ensure expeditious hiring.
NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER

The Committee recommends $20,000,000, the same as the fiscal
year 2009 level and an increase of $4,000,000 above the budget request, for the National Infrastructure Simulation and Analysis
Center [NISAC], New Mexico. The Committee expects Sandia and
Los Alamos National Laboratories, located in New Mexico, to continue to develop NISAC and to be the lead entities in this initiative
to secure the Nation’s critical infrastructure. The Committee encourages NISAC to continue to work with the National Incident
Management Systems and Advanced Technologies Institute
[NIMSAT] at the University of Louisiana at Lafayette. NIMSAT is
uniquely qualified to support NISAC’s work in the gulf coast region.
BOMBING PREVENTION

The Committee recommends $14,768,000 for the Office for Bombing Prevention [OBP], the same amount as the budget request and
an increase of $4,200,000 from the fiscal year 2009 level. The OBP
leads the DHS effort to enhance Federal, State, and local capabilities to deter, detect, protect against, and respond to attacks that
use improvised explosive devices. This is accomplished through prevention efforts, gap analysis, and information sharing. The increase
will accelerate the analysis of critical gaps by conducting 68 additional capabilities assessments. This will allow a total of 132 assessments to be completed for bomb squads, canine units, dive
teams, and special teams, providing a better understanding of the
Nation’s capabilities for a known threat.
VULNERABILITY ASSESSMENTS

The Committee recommends $26,521,000 for Vulnerability Assessments, the same amount as requested in the budget and
$3,000,000 above the fiscal year 2009 level. Vulnerability Assessments are a collaborative effort between Federal, State, local, and
private sectors to identify vulnerabilities and enhance the security

90
of high-risk infrastructure, ranging from single-site security to
large-scale regional efforts. The requested increase will support nuclear reactor security consultations required by section 657 of the
Energy Policy Act of 2005 by identifying potential vulnerabilities
and threats to proposed new reactors.
NEXT GENERATION NETWORKS

The Committee recommends $25,000,000 for the Next Generation
Networks Program, instead of $50,250,000 as requested in the
budget.
In the Homeland Security Appropriations Act, 2009, the Committees withheld from obligation one-half of the $50,250,000 appropriated for fiscal year 2009 for Next Generation Networks until the
Committees on Appropriations receive and approve an expenditure
plan. The withholding was included because of a poor budget justification. To date, no expenditure plan has been submitted although it is 8 months into the fiscal year. Therefore, it is clear that
the $25,125,000 which was withheld will be available for this program in fiscal year 2010 and the full amount requested will not be
needed. In addition, the Secretary is directed to provide an expenditure plan for fiscal year 2010 to the Committees on Appropriations
no later than 90 days after the date of enactment of this act.
PROGRAMS TO STUDY AND ENHANCE TELECOMMUNICATIONS

The Committee recommends $16,774,000, $2,500,000 below the
request level and $1,674,000 above the fiscal year 2009 level. The
Committee supports the enhanced telecommunications mission,
however, remains frustrated by the lack of clarity provided regarding the goals and outcomes of the requested levels.
NATIONAL COMMAND AND COORDINATION CAPABILITY

No funds are provided for the National Command and Coordination Capability, $5,963,000 below fiscal year 2009, and the same
level as the budget request.
NATIONAL CYBER SECURITY DIVISION

The Committee recommends $398,654,000 for the National Cyber
Security Division, an increase of $85,154,000 from the fiscal year
2009 level and $2,000,000 below the budget request. The increase
above the enacted amount provides additional resources to assess
and mitigate critical information technology assets and provide
cyber threat, analysis, early warning, and incident response assistance for public and private sector constituents. Of the total
amount, $8,000,000 is provided for data center consolidation and
migration, which is $2,000,000 below the request. The reduction is
based on the Department’s execution plan that has activity occurring in fiscal year 2011.
The Committee recommendation includes $2,250,000 for the
Cyber Security Information Sharing and Collaboration Program,
the same amount as the fiscal year 2009 and budget request levels.

91
NATIONWIDE CYBER SECURITY REVIEW

The security of State and local information technology networks
has serious implications for homeland security, as network security
affects both the continuity of Government and the operations of
critical infrastructure. Cyber attacks have disrupted State government networks, systems, and operations. Despite its importance,
there is not a comprehensive effort to evaluate the security level
of State or local information technology networks, as it pertains to
cyberspace. The Committee directs the Secretary, in coordination
with the Federal Emergency Management Agency [FEMA] and
NPPD, to report on the status of cyber security measures in place,
and gaps in all 50 States and the largest urban areas by June 1,
2010. The report should include certifications from each State and
urban area as to the exact status of cyber security measures in
place, when the date security plans were last updated, the dates
contingency exercises were last conducted, and plans for disaster
recovery. Similar language is included in the FEMA section of this
report.
OFFICE OF EMERGENCY COMMUNICATIONS

The Committee recommends $44,060,000 for the Office of Emergency Communications [OEC], the same amount as the budget request and $5,760,000 above the fiscal year 2009 level. The Committee recognizes the vital role of the OEC in supporting the needs
and demands of emergency response personnel at all levels of Government and across all disciplines.
This budget request level approved by the Committee includes
two important increases. First, an increase of $3,851,000 over the
fiscal year 2009 level, for a total of $11,635,000 in technical assistance. This supports a known need. Last year, there were 239 requests for technical assistance from 54 States and territories and
OEC could only fill 150 of the requests. Second, an increase of
$2,500,000 and 8 FTE for the Regional Communications Coordinators [RCCs] which will support FEMA and State and local emergency preparedness organizations in the complex mix of cyber, telecommunications, and broadcast communication technologies. OEC
is encouraged to place RCCs in FEMA regional offices to enhance
efficiency.
The Committee recognizes that progress has been made in interoperability among Federal, State, and local governments with the
completion of Statewide Communication Interoperability Plans,
and the National Emergency Communications Plan [NECP]. The
first goal established in the NECP is to have 90 percent of high
risk urban areas demonstrate emergency response communications
within an hour of a routine event. OEC has expressed confidence
that the goal will be met. However, the Committee is concerned
that the Federal Government is not making sufficient progress in
implementing interoperability among Federal agencies. The Government Accountability Office in a December 2008 report examining the Department of Justice and the Department of Homeland
Security radio communications [GAO–09–133] found that a primary reason the ‘‘collaboration on a joint communications solution
has not been successful is that departments did not effectively em-

92
ploy key cross-agency collaboration practices’’. Unfortunately, OEC
has been slow to establish the Emergency Communications Preparedness Center [ECPC] which was authorized in the Homeland
Security Act of 2002 to serve as a focal point for Federal interdepartmental communications efforts. The Committee directs GAO
to evaluate the progress made in standing up the ECPC and identify any obstacles to Federal agency coordination through the
ECPC.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$300,000,000
356,194,000
378,194,000

The United States Visitor and Immigrant Status Indicator Technology [US-VISIT] account funds the development of a system to
collect, maintain, and share appropriate information through an integrated information technology system, which determines the eligibility of aliens for admissions and benefits.
The US-VISIT program office has lead responsibility within the
Department of Homeland Security to work with the Federal Bureau of Investigation [FBI] on the further integration of the Automated Biometric Identification System [IDENT] and the FBI’s Integrated Automated Fingerprint Identification System [IAFIS].
COMMITTEE RECOMMENDATIONS

The Committee recommends $378,194,000, $22,000,000 above the
budget request, to remain available until expended, for the United
States Visitor and Immigrant Status Indicator Technology [USVISIT].
IMPLEMENTATION OF BIOMETRIC AIR EXIT

The Committee strongly supports the full implementation of a biometric air exit capability at the earliest practicable time.
The Department of Homeland Security Appropriations Act, 2009
required US-VISIT to test and report on the collection of biometrics
from non-U.S. citizens exiting the United States in two different
settings at airports—air carrier collection of biometrics from passengers already subject to US-VISIT entry requirements and CBP
collection of those passengers’ biometrics at the boarding gate—before funding can be released to support the publication of an air/
sea biometric exit final rule and the deployment of biometric exit
procedures to airports and seaports.
Unfortunately, no airline agreed to participate in a pilot. Consequently, US-VISIT is conducting the one required pilot, in which
CBP collects biometrics from non-U.S. citizens at the departure
gate at the Detroit Metropolitan Wayne County Airport, and another in which the Transportation Security Administration is collecting biometrics from non-U.S. citizens at a security checkpoint at
the Hartsfield-Jackson Atlanta International Airport. These pilots
began on May 28, 2009.
No additional funds are requested in the President’s fiscal year
2010 budget for a biometric air exit capability. The Secretary has

93
indicated that approximately $28,000,000 remains available from
prior year appropriations for this purpose. The evaluation of the air
exit pilots is scheduled to be completed by the beginning of fiscal
year 2010. The Committee includes bill language requiring that no
less than $28,000,000 of funds carried forward be used solely for
implementation of a biometric air exit capability. Further, the
Committee recommends an additional $22,000,000, above the request, making a total of $50,000,000, for implementation of a biometric air exit capability in 2010.
The Committee directs the Secretary to provide quarterly briefings on the progress in implementing a biometric air exit system,
beginning October 1, 2009.
TIMELINESS OF SPEND PLAN SUBMISSION

The Committee continues to be concerned with the repeated
delays in submitting the statutorily required expenditure plans for
US-VISIT which have resulted in large carryover balances from one
year to the next. For example, the 2008 expenditure plan was not
submitted until June 12, 2008, which meant that nearly a quarter
of the program’s budget carried over into fiscal year 2009. Similarly, the fiscal year 2009 report was submitted on April 9, 2009.
It should not take half of a fiscal year to submit an expenditure
plan for a critical security program such as US-VISIT. The Committee understands that new procedures have been developed in
which the US-VISIT program office is working with the DHS chief
executive officers to obtain on a more timely basis the program certifications required within appropriations language by providing
program documentation on a more recurring basis throughout the
year. US-VISIT’s goal is to complete the expenditure plan within
five weeks of the end of the fiscal year. The Committee strongly
supports this effort and includes bill language mandating submission of the fiscal year 2010 plan not later than 90 days after the
date of enactment of this act.
UNIQUE IDENTITY/IAFIS INTEGRATION AND 10-PRINT TRANSITION

Since the creation of the Department, this Committee has strongly supported and encouraged real-time interoperability between the
IDENT and IAFIS biometric databases and the transition to capturing 10 fingerprints of all visitors to the United States. The Committee notes that the interoperability effort from September 2006
through April 25, 2009, has identified more than 36,696 individuals
with wants and warrants or who are known or suspected terrorists
and has prevented their entry into the United States. The Committee recognizes that while the FBI’s transition to the Next Generation Identification of fingerprinting technology is an ongoing,
multi-year process, the Committee fully funds the $28,700,000 request for Unique Identity as US-VISIT continues its portion of the
interoperability effort with the FBI. The Committee directs the USVISIT program office to continue aggressively pursuing this issue
and to continue providing quarterly briefings on progress being
made on Unique Identity.

94
FEDERAL PROTECTIVE SERVICE

Appropriations, 2009 .............................................................................
Budget estimate, 2010 2 3 ......................................................................
Committee recommendation 2 3 ............................................................

(1)
1,115,000,000
1,115,000,000

1 The Federal Protective Service was funded in U.S. Immigration and Customs Enforcement
in fiscal year 2009.
2 Fully funded by offsetting collections paid by General Services Administration tenants and
credited directly to this appropriation.
3 CBO re-structured FPS collections in its 2010 re-estimate of the President’s budget to include reimbursable contract guard service collections, which had not been displayed in prior
years.

The Federal Protective Service [FPS] is responsible for the security and protection of Federal property under the control of the
General Services Administration [GSA]; and for the enforcement of
laws for the protection of persons and property, the prevention of
breaches of peace, and enforcement of any rules and regulations
made and promulgated by the GSA Administrator. The FPS authority can also be extended by agreement to any area with a significant Federal interest. The FPS account provides funds for the
salaries, benefits, travel, training, and other expenses of the program, offset by collections paid by GSA tenants and credited to the
account.
COMMITTEE RECOMMENDATIONS

The Committee recommends $1,115,000,000, as requested, for
salaries and expenses of the Federal Protective Service for fiscal
year 2010; this amount is fully offset by collections of security fees.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
Fiscal year 2009
enacted 1

Fiscal year 2010
budget request

Committee
recommendations

Basic security ................................................................................
Building specific security ..............................................................
Reimbursable security fees (contract guard services) .................

............................
............................
............................

213,673
426,327
475,000

213,673
426,327
475,000

Total, Federal Protective Service ......................................
Offsetting Fee Collections ..............................................................

............................
............................

1,115,000
¥1,115,000

1,115,000
¥1,115,000

1 The Federal Protective Service was funded in U.S. Immigration and Customs Enforcement
in fiscal year 2009.

FINANCIAL MANAGEMENT

The Committee believes in the FPS mission and supports the
transfer of FPS from U.S. Immigration and Customs Enforcement
to the National Protection and Preparedness Directorate [NPPD].
The Committee continues to have serious concern that this agency
has not received the attention and support that its critical mission
requires. The fact that the budget appendix failed to include the actual bill language for this agency did not send a reassuring message. To ensure that FPS receives appropriate oversight, the Committee directs the Under Secretary of NPPD to provide semi-annual briefings to the Committees on Appropriations on the agency’s

95
financial status, management, staffing, and mission. The first briefing shall occur no later than January 15, 2010.
Because FPS suffered from years of neglect after its transfer in
2003 from GSA to the Department, the Congress took legislative
steps to ensure that FPS regained its traditional role as a protector
of Federal buildings and the women and men who work in and visit
them. The Department of Homeland Security Appropriations Act,
2009, required the Secretary and the Director of the Office of Management and Budget to certify that FPS is sufficiently funded to
support a staff of 1,200 employees, including at least 900 Police Officers, Inspectors, Area Commanders, and Special Agents by December 31, 2008. The Committee includes similar language this
year.
OFFICE

OF

HEALTH AFFAIRS

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$157,191,000
138,000,000
135,000,000

SUMMARY

The Office of Health Affairs [OHA], headed by the Chief Medical
Officer who also serves as the Assistant Secretary for Health Affairs, leads the Department on medical issues related to natural
and man-made disasters; serves as the principal advisor to the Secretary on medical and public health issues; coordinates biodefense
activities within the Department; and serves as the Department’s
primary contact with other Departments and State, local, and tribal governments on medical and public health issues.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
OFFICE OF HEALTH AFFAIRS
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

BioWatch ....................................................................................................
National Biosurveillence Integration System .............................................
Rapidly Deployable Chemical Detection System .......................................
Planning and Coordination ........................................................................
Salaries and Expenses ...............................................................................

111,606
8,000
2,600
5,775
29,210

94,513
8,000
2,600
2,476
30,411

89,513
8,000
2,600
4,476
30,411

Total, Office of Health Affairs ......................................................

157,191

138,000

135,000

SALARIES AND EXPENSES

The Committee recommends $30,411,000 for salaries and expenses, an increase of $1,201,000 from the fiscal year 2009 level
and the same amount as the budget request.
BIOWATCH

The Committee recommends $89,513,000 for the BioWatch program, $22,093,000 less than the fiscal year 2009 level and
$5,000,000 below the budget request. The Committee acknowledges
that the budget request reflects the beginnings of a needed realignment of the program. However, the Committee is also aware that

96
some detectors have recently been terminated because of technical
difficulties with the system. The recommended level of funding
shall be used to maintain the remaining first and second generation baseline biological surveillance capability and to complete the
Gen–3.0 prototype unit field testing, perform data analysis, and
verify the performance of the technology.
PLANNING AND COORDINATION

The Committee recommends $4,476,000, which is $1,299,000
below the fiscal year 2009 level and $2,000,000 above the budget
request. The Committee notes the important work that the Office
of Medical Readiness and the Food, Agricultural, and Veterinary
[FAV] Defense Division do related to component health services
and FAV security, especially related to pandemic influenza. The
Committee recognizes that the unobligated balances of previous
year appropriations, in addition to the amount recommended, will
allow the needed work to be completed.
PROJECT BIOSHIELD

The President’s budget proposes to transfer the remaining balances appropriated in fiscal year 2004 under the heading ‘‘Biodefense Countermeasures’’ to the Department of Health and
Human Services [HHS]. The transfer of funds, if approved, would
be included in the fiscal year 2010 Departments of Labor, Health
and Human Services, and Education, and related agencies appropriation bill. The transfer would provide more streamlined management for the program in combination with other related HHS programs. The transfer shall not modify the role for DHS as established in section 319F–2 of the Public Health Service Act, including
its authority to determine material threats or as a participant in
the procurement process for this program. The Committee strongly
urges HHS, in conjunction with DHS to use funds for the intended
purpose, as established in section 319F–2 of the Public Health
Service Act, which is, ‘‘to treat, identify, or prevent harm from biological, chemical, radiological, or nuclear agents indentified as an
on-going material threat’’. It is imperative that these funds be used
to ensure the Nation’s long-term readiness for all threats and are
not depleted at the expense of one current threat.
FEDERAL EMERGENCY MANAGEMENT AGENCY
MISSION

The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and protect the Nation from all-hazards, including natural disasters, acts
of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery,
and mitigation.
COMMITTEE RECOMMENDATIONS

The Committee recommends a total program level
$7,094,384,000 for activities of FEMA for fiscal year 2010.

of

97
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

852,200

Committee
recommendations

Management and Administration ............................................
State and Local Programs .......................................................
Emergency Appropriations (Public Law 111–5) .............
Firefighters Assistance Grants ................................................
Emergency Appropriations (Public Law 111–5) .............
Emergency Management Performance Grants .........................
Radiological Emergency Preparedness Program .....................
United States Fire Administration ...........................................
Disaster Relief .........................................................................
Disaster Assistance Direct Loan Program Account 5 ..............
Flood Map Modernization Fund ................................................
National Flood Insurance Fund ................................................
National Predisaster Mitigation Fund ......................................
Emergency Food and Shelter ...................................................
Emergency Appropriations (Public Law 111–5) .............

837,437
3,105,700
300,000
775,000
210,000
315,000
¥505
44,979
4 1,400,000
295
220,000
(156,599)
90,000
200,000
100,000

..............................
(2)
..............................
(3)
¥265
45,588
2,000,000
295
220,000
(159,469)
150,000
100,000
..............................

859,700
3,067,200
..............................
800,000
..............................
350,000
¥265
45,588
4 1,456,866
295
220,000
(159,469)
120,000
175,000
..............................

Total, Federal Emergency Management Agency .........

7,572,906

7,234,818

7,094,384

Appropriations ............................................................
Emergency Appropriations (Public Law 111–5) .........

6,987,906
610,000

7,234,818
..............................

7,094,384
..............................

1 3,867,000

1 Includes $590,000,000 for Firefighter Assistance Grants and $315,000,000 for Emergency Management Performance Grants.
2 Budget proposes $590,000,000 under ‘‘State and Local Programs’’ account.
3 Budget proposes $315,000,000 under ‘‘State and Local Programs’’ account.
4 Includes $16,000,000 for the transfer to the Office of Inspector General.
5 Funding for administrative expenses totaling $580,000 is provided in the FEMA Management and Administration account.

MANAGEMENT AND ADMINISTRATION

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$837,437,000
852,200,000
859,700,000

Funding for Management and Administration [M&A] provides for
the development and maintenance of an integrated, nationwide capability to prepare for, mitigate against, respond to, and recover
from the consequences of major disasters and emergencies, regardless of cause, in partnership with Federal agencies, State, local,
and tribal governments, volunteer organizations, and the private
sector. M&A supports FEMA’s programs by coordinating between
Headquarters and Regional Offices the policy, managerial, resources, and administrative actions.
COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $859,700,000 for
Management and Administration.
The specific levels recommended by the Committee, as compared
to the fiscal year 2009 and budget request levels, are as follows:
MANAGEMENT AND ADMINISTRATION
[In thousands of dollars]

Operations Activities ..................................................................................
National Capital Region Coordination .......................................................

Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

798,595
6,342

817,205
6,995

820,205
6,995

98
MANAGEMENT AND ADMINISTRATION—Continued
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Urban Search and Rescue .........................................................................

32,500

28,000

32,500

Total, Management and Administration ......................................

837,437

852,200

859,700

OPERATIONS ACTIVITIES

The Committee recommends $820,205,000 for Operations Activities, instead of $817,205,000 as proposed in the budget. The Committee also includes a transfer of up to $50,000,000 from Disaster
Relief for management and administration activities, as requested
in the budget. This transfer will support unforeseen personnel costs
related to the conversion of temporary disaster employees to permanent status.
The recommended amount includes an increase of $5,000,000,
which is provided for a human capital study, as described in the
FEMA ‘‘Management and Administration’’ account of this report;
for a State, Local, and Tribal preparedness task force, as described
in the ‘‘State and Local Programs’’ account; and for an increase to
Ready.gov. Of the total amount, $5,900,000 is provided for data
center consolidation and migration, which is $2,000,000 below the
request. The reduction is based on the Department’s execution plan
that has activity occurring in fiscal year 2011.
Operations Activities include funding for the Disaster Operations
Directorate, National Continuity Programs, the Disaster Assistance
Directorate, the Logistics Management Directorate, the Mitigation
Directorate, administrative costs for the Disaster Assistance Direct
Loan Program, the Office of the Administrator, the Office of Policy
and Program Analysis, the Office of the Chief Financial Officer, the
Office of the Chief Counsel, the Office of Equal Rights, the Office
of Regional Operations, the Office of External Affairs, and the Office of Management. Funding for the National Preparedness Directorate and the Grant Programs Directorate is provided in the
‘‘State and Local Programs’’ account.
FISCAL MANAGEMENT AND TRANSPARENCY IN SPENDING

The Committee includes a provision directing FEMA to submit
its fiscal year 2011 budget request, including justification materials, by office. Each office and FEMA region shall provide: (1)
budget detail by object classification; (2) the number of FTE onboard; (3) the number of FTE vacancies; and (4) the appropriation
account(s) used to support the office and the programs managed by
the office. This level of detail provides improved transparency and
refined tracking of actual spending which is imperative given
FEMA’s growth in size and mission. Further, FEMA shall report to
the Committee within 15 days if any office receives or transfers
more than 5 percent of the total amount allocated to each office.
Since the inadequate response to Hurricane Katrina, FEMA has
experienced tremendous change and expedited growth. Additionally, many fiscal reforms have been identified, of which some have
been implemented. The Committee recognizes that the Office of the

99
Chief Financial Officer [OCFO] is the key to stabilizing the important fiscal reforms that have and need to occur. The OCFO is encouraged to continue the proactive and transparent management of
resources which will further support FEMA’s ability to successfully
accomplish its mission.
FINANCIAL WEAKNESSES

The Committee notes that the OCFO is aggressively addressing
the material financial weaknesses that have been identified. Despite improvements, FEMA still has weaknesses in its financial
management and internal controls as reported by the Office of Inspector General [OIG] in the Management Letter for the fiscal year
2008 DHS’ Financial Statement Audit in March 2009, and the OIG
Independent Auditor’s Report on FEMA’s fiscal year 2008 Mission
Action Plans in July 2008. The Committee directs FEMA to correct
these weaknesses without delay, and to provide a briefing to the
Committees on Appropriations within 45 days of the date of enactment of this act on the progress of implementing the Mission Action Plan. Further, the Committee cautions that the OCFO cannot
rectify all of the issues identified in the audits on its own. Component heads and program managers must work to resolve the issues
as well. FEMA is directed to provide a list of components that have
outstanding issues and no plan in place to address those outstanding issues with the fiscal year 2011 budget request.
FEMA WORKFORCE

Since 2007, FEMA has grown from 2,500 FTE to 4,000 FTE and
it is better, but not fully, positioned to be responsive to the Nation’s
needs, including a catastrophic event. The Committee recognizes
that after the significant growth of the last several years it is now
prudent to take stock of the FEMA workforce and identify future
needs to ensure it is fully positioned to respond to the risks the
country faces. Therefore, an additional $2,250,000 is recommended
above the request for FEMA to partner with the Homeland Security Institute to conduct a study and evaluation of FEMA’s human
capital resources. The study shall include, but is not limited to,
specific recommendations regarding the overall size of FEMA’s
workforce and the personnel needs of the specific components, including the Disaster Reserve Workforce; the optimal distribution of
personnel between headquarters and regional offices to best accomplish its mission; and the skills needed by FEMA to support the
current and the projected risks the Nation faces.
The Committee is extremely disappointed that a lack of internal
controls has led to significant discrepancies in data sets for staff
on-board and the funding level needed to support those staff. This
funding discrepancy has slowed the progress of rebuilding FEMA.
Due to the Committee’s insistence in prior Appropriations Acts for
robust information technology resources and the recent efforts of
the OCFO, this issue is being resolved. FEMA is directed to brief
the Committee on the specific process used to ensure internal controls are in place to prevent this issue in the future.
The Committee strongly supports a continued and dedicated effort to ensure the Disaster Reserve Workforce has adequate capacity. FEMA is directed to continue its efforts to improve the per-

100
formance of the Disaster Reserve Workforce, and to continue to
provide quarterly briefings to the Committee on this matter.
The Committee also supports the requested increase of
$2,345,000 and 6 FTE for the Office of Environmental Planning
and Historic Preservation [EHP]. The work of the EHP staff supports the missions of the Disaster Assistance Directorate, the Mitigation Directorate, and Preparedness grants and should not be a
choke point for efforts of rebuilding, mitigation, and preparedness.
STAKEHOLDER INVOLVEMENT

In the Homeland Security Appropriations Act, 2009, $10,000,000
was withheld from both the Office of the Secretary and Executive
Management [OSEM] and FEMA ‘‘Management and Administration’’ until the Secretary of Homeland Security, in coordination
with the Administrator of FEMA, certifies to the Committees on
Appropriations that a process to incorporate State and local stakeholder input for grants has been developed. It is unconscionable
that 6 years after the creation of the Department there is still an
inefficient grant process. Further, it is disconcerting that the Secretary has yet to certify a process. The Committee expects a certification no later than August 31, 2009. Similar language is contained
in the OSEM section of this report.
INFORMATION AND TECHNOLOGY

The Committee recommends the budget request of $65,201,000
for information technology [IT] maintenance and improvements.
Superb information technology is imperative for FEMA’s complex
and varied mission. FEMA is directed to continue to provide quarterly briefings to the Committee regarding the progress of IT improvements.
INTEGRATED PUBLIC ALERT AND WARNING SYSTEM

The Committee cautiously supports the budget request for the
Integrated Public Alert and Warning System [IPAWS]. The Homeland Security Appropriations Act, 2009, directed FEMA to provide
a plan to the Committees on Appropriations by January 2009, outlining the completion of the conversion of IPAWS from the current
emergency alert system. To date, no plan has been received. The
Committee has been supportive of this important program as upgrades to the current system are needed to provide messages over
more types of media to more people before, during, and after a disaster. However, bureaucratic delays do not make citizens safer and
each day that passes without improvements to this system is a
wasted opportunity to provide timely and accurate information to
citizens in harm’s way. The Committee expects to receive the plan
without delay.
READY.GOV

The Committee recommends $3,000,000 for Ready.gov, which is
$500,000 above the budget request. The Committee supports the
Ready Campaign which educates citizens on how to prepare for and
respond to emergencies. While education efforts must be locally
driven, they need to be coordinated among all levels of government

101
for consistency when an emergency, regardless of the size, does
occur. If messages are not coordinated at all levels of government,
citizens will receive conflicting information potentially causing
more harm. The increase is provided to ensure requests from State
and local governments to update or to localize public service advertising can be better met.
PRIVATE SECTOR PREPAREDNESS

The Committee encourages FEMA and the National Protection
and Programs Directorate [NPPD] to continue joint efforts regarding the improvement of private sector preparedness through the
Voluntary Private Sector Preparedness and Accreditation and Certification Program, as required in the 9/11 Act.
EMERGENCY MANAGEMENT INSTITUTE

The Committee supports the budget request of no less than
$7,100,000 for the Emergency Management Institute.
NATIONWIDE PLAN REVIEW UPDATE

The Committee directs 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. The
update should include the same certifications and status of plans
for evacuations included in the Nationwide Plan Review dated
June 16, 2006.
NATIONWIDE CYBER SECURITY REVIEW

The security of State and local information technology networks
has serious implications for homeland security, as network security
affects both the continuity of government and the operations of critical infrastructure. Cyber attacks have disrupted State government
networks, systems, and operations. Despite its importance, there is
not a comprehensive effort to evaluate the security level of State
or local information technology networks, as it pertains to cyberspace. The Committee directs the Secretary, in coordination with
FEMA and NPPD, to report on the status of cyber security measures in place, and gaps in all 50 States and the largest urban areas
by June 1, 2010. The report should include certifications from each
State and urban area as to the exact status of cyber security measures in place, when the date security plans were last updated, the
dates contingency exercises were last conducted, and plans for disaster recovery. Similar language is included in the NPPD section
of this report.
STATE, LOCAL, AND TRIBAL PREPAREDNESS TASK FORCE

The Committee provides $2,250,000 above the budget request to
establish and operate a state, local, and tribal preparedness task
force. The National Preparedness Directorate, with cooperation
from the Office of Intergovernmental Affairs, shall lead the administrative effort for the task force.
In June 2004, the report from the Task Force on State and Local
Homeland Security Funding found that the ‘‘grants process that
has evolved under a microscope without the benefit of ‘‘normal ma-

102
turity’’ afforded similar programs over the years . . . no one action will solve all of the concerns that have been voiced. This is an
enterprise problem that demands an enterprise solution.’’ Now, 6
years after the creation of DHS, and after the significant growth
in FEMA’s size and mission, it is an appropriate time to review the
homeland security grant programs and also to take an enterprise
wide view of the grants, mandates, and guidance that to date have
shaped the current approach to prevent, prepare for, mitigate
against, and respond to all-hazards.
The task force shall include members from all levels of government across the preparedness and responder communities and
grants administration.
The task force should find consensus-based solutions to an interwoven set of homeland security needs and requirements among all
levels of lGovernment for all-hazards. The task force shall review
current programs and requirements and provide recommendations
for all three levels of government and their equally shared responsibilities in three main areas: grant programs, Federal mandates,
and guidance issued by FEMA. FEMA is not limited to $2,250,000
for this effort.
U.S. FIRE SERVICE NEEDS ASSESSMENT

FEMA, in conjunction with the National Fire Protection Association, is directed to provide to the Committees on Appropriations no
later than February 5, 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 scope and methodology.
OFFICE OF NATIONAL CAPITAL REGION COORDINATION

The Committee recommends $6,995,000 for the Office of National
Capital Region Coordination [ONCRC], as requested in the budget.
Congress established the ONCRC to enhance domestic preparedness through cooperation of the Federal, State, and local governments in the unique environment of the National Capital Region
[NCR].
The Committee remains concerned that planning for evacuation
of the NCR during a disaster has not incorporated all of the pertinent officials from the appropriate local communities and States in
the decisionmaking process. Therefore, the Committee includes bill
language requiring inclusion of the Governors of the State of West
Virginia and the Commonwealth of Pennsylvania in the NCR decisionmaking and planning process for mass evacuations. Further,
the Committee again directs the Department to include officials
from the counties and municipalities that contain the evacuation
routes and their tributaries in the planning process.
URBAN SEARCH AND RESCUE

The Committee recommends $32,500,000, the same amount as
provided in fiscal year 2009 and $4,500,000 above the President’s
request, to support the 28 existing Urban Search and Rescue
Teams. The Committee is dismayed that the report regarding the
need for an additional team, required in the Homeland Security

103
Appropriations Act, 2009, has not been provided and expects FEMA
to provide it without delay.
STATE AND LOCAL PROGRAMS

2009 1

Appropriations,
...........................................................................
Budget estimate, 2010 2 .........................................................................
Committee recommendation 3 ...............................................................

$3,405,700,000
3,867,000,000
3,067,200,000

1 Includes $300,000,000 in emergency appropriations provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111–5).
2 Includes $590,000,000 for Firefighter Assistance Grants and $315,000,000 for Emergency
Management Performance Grants.
3 The Committee recommendation exceeds the requested level by $105,200,000 after reducing
the request by the amounts requested under this heading that are funded elsewhere.

State and local programs provide grants for training, equipment
(including interoperable communications equipment), exercises, and
technical assistance to improve readiness for potential disasters.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2008 and budget request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
Fiscal year 2009
enacted

Grants:
State Homeland Security Grant Program 1 ...........................
Operation Stonegarden 1 .......................................................
Urban Area Security Initiative ..............................................
Regional Catastrophic Preparedness Grants ........................
Metropolitan Medical Response System ...............................
Citizen Corps .........................................................................
Public Transportation Security Assistance and Railroad Security Assistance ..............................................................
Emergency Appropriations (Public Law 111–5) ..........
Port Security Grants ..............................................................
Emergency Appropriations (Public Law 111–5) ..........
Over-the-Road Bus Security Assistance ...............................
Trucking Industry Security Grants ........................................
Buffer Zone Protection Program Grants ...............................
Driver’s License Security Grants Program ............................
Commercial Equipment Direct Assistance Program .............
Interoperability Emergency Communications Grant Program
Emergency Operations Centers .............................................
Fire Assistance Grants ..........................................................
Emergency Management Performance Grants ......................

Fiscal year 2010
budget request

Committee
recommendations

950,000
[60,000]
837,500
35,000
41,000
15,000

950,000
[60,000]
887,000
35,000
40,000
15,000

950,000
[60,000]
887,000
35,000
40,000
15,000

400,000
150,000
400,000
150,000
12,000
8,000
50,000
(3)
8,000
50,000
35,000
(4)
(5)

250,000
............................
250,000
............................
............................
............................
50,000
50,000
............................
50,000
............................
590,000
315,000

356,000
............................
350,000
............................
(2)
............................
50,000
50,000
............................
50,000
20,000
(4)
(5)

Subtotal, Grants ...............................................................

3,141,500

3,482,000

2,803,000

National Programs:
National Domestic Preparedness Consortium/Other Programs ...............................................................................
Center for Domestic Preparedness/Noble Training Center ...
National Exercise Program ....................................................
Technical Assistance ............................................................
Continuing Training Grants ..................................................
Evaluations and Assessments ..............................................

103,700
62,500
40,000
11,000
31,000
16,000

51,500
62,500
42,000
13,000
23,000
18,000

103,700
62,500
40,000
13,000
27,000
18,000

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

264,200

210,000

264,200

Management and Administration .........................................

(6)

175,000

(6)

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

3,405,700

7 3,867,000

3,067,200

Appropriations ..................................................................

3,105,700

3,867,000

3,067,200

104
STATE AND LOCAL PROGRAMS—Continued
[In thousands of dollars]
Fiscal year 2009
enacted

Emergency Appropriations (Public Law 111–5) ...............

300,000

Fiscal year 2010
budget request

Committee
recommendations

............................

............................

1 Funding for Operation Stonegarden provided within the State Homeland Security Grant Program.
2 Funding available under Public Transportation Security Assistance and Railroad Security Assistance
3 Funding of $50,000,000 provided for similar purpose in a general provision.
4 Funds appropriated under the Firefighter Assistance Grants account.
5 Funds appropriated under the Emergency Management Performance Grants account.
6 Funding provided as a percentage of State and Local Programs appropriation.

PPA.

7 The Committee recommendation exceeds the requested level by $105,200,000 after reducing the request by the amounts requested under
this heading that are funded elsewhere.

COMMITTEE RECOMMENDATIONS

The Committee recommends $3,067,200,000 for State and local
programs. The Committee recommendation exceeds the requested
level by $105,200,000 after reducing the request by the amounts requested under this heading that are funded elsewhere. The Committee includes a provision providing 4.1 percent of the total
amount appropriated for State and local programs for both the
Grants Programs Directorate [GPD] and the National Preparedness
Directorate [NPD]. This is consistent with the structure of previous
years and provides the same amount as requested in the President’s fiscal year 2010 budget for these important activities. The
funds provided for State and local grants are to be used for purposes consistent with each State’s homeland security strategy, including: training and exercises; equipment, including interoperable
communications equipment; and technical assistance; and may not,
with certain exceptions, be used for construction activities.
The President proposes to reduce port security, transit security
and fire grants by $485,000,000 based on the assertion that funds
were provided for these programs in the Stimulus Act. The Committee does not accept the notion that these cuts are justified by
the availability of Stimulus Act funds, which were provided for different purposes and to create jobs. The Stimulus Act funds were
not provided to prefund fiscal year 2010 activities. The Committee
has restored these cuts to the extent possible.
State and local assistance is for strengthening ‘‘first responders’’—police, fire, rescue, emergency medical, and other personnel—
who are first on scene in the event of a terrorist attack, natural
disaster, or a catastrophic event. For purposes of eligibility for
funds under this heading, any county, city, village, town, district,
borough, parish, port authority, transit authority, intercity rail provider, commuter rail system, freight rail provider, water district,
regional planning commission, council of government, Indian tribe
with jurisdiction over Indian country, authorized tribal organization, Alaska Native village, independent authority, special district,
or other political subdivision of any State shall constitute a ‘‘local
unit of government.’’
The Department is encouraged to consider the need for mass
evacuation planning and pre-positioning of equipment for areas potentially impacted by mass evacuations in allocating first responder
funds. The Department is encouraged to work with States, local
governments, and non-profit entities to develop comprehensive
strategies for evacuating, transferring, and providing continued

105
care for high-risk obstetric patients and neonates. Further, the
Committee urges the Department to encourage State and local governments and all grantees to develop pre-event recovery plans in
conjunction with their response and mitigation plans. The Committee is concerned that Federally recognized tribes are not adequately included in homeland security efforts and encourages
FEMA to require State and local governments to include tribal governments in their planning efforts. Additionally, the Committee is
concerned that State and local cyber security issues are not receiving the required resources and attention and FEMA is encouraged
to require State and local governments to include Chief Information Officers in planning efforts. The Committee is concerned that
drinking water and sanitation security needs, especially related to
emergency response initiatives, are not adequately addressed and
FEMA is encouraged to require State and local governments to include rural water associations in planning efforts as well.
The Committee is supportive of the Department’s efforts to
evaluate applications based on risk and effectiveness. The Department should continue its efforts to evaluate the State Homeland
Security Grant Program [SHSGP] and the Urban Area Security
Initiative [UASI] applications based on how effectively these grants
will address identified homeland security needs. The Department
shall work aggressively to ensure grant applicants have the same
information that is available to the Department with regard to
threat, vulnerability, and consequence to ensure applications reflect
true risk.
The Committee expects FEMA to continue to fully engage subject
matter experts within the Department when appropriate in the development of grant guidance and the determination of awards. Subject matter experts include the U.S. Customs and Border Protection, Coast Guard, the Transportation Security Administration, the
National Protection and Programs Directorate, the Office of Health
Affairs, Science and Technology, the Law Enforcement Advisor to
the Administrator, and the DHS Office of State and Local Law Enforcement. Full engagement of subject matter experts, however,
does not diminish FEMA’s responsibilities to be the lead Agency
and foremost coordinator of each of the grant programs. FEMA is
directed to assume all programmatic functions of grant programs
for the Department and shall be the primary point of contact for
all grantees. The Committee is concerned that there continues to
be imperfect cooperation and collaboration between GPD and some
subject matter experts. It is imperative that components put aside
differences and focus on how best to manage and improve the programs funded by Congress.
The Committee includes specific timeframes for grant dollar distribution and expects FEMA and the Department to comply with
the law to ensure homeland security funds are distributed in a
timely manner. For SHSGP, UASI, Regional Catastrophic Preparedness Grants, Metropolitan Medical Response System Grants,
and Citizens Corps Program grant guidance shall be issued in 25
days, applicants shall apply within 90 days after guidance is
issued, and FEMA shall act on the application within 90 days after
applications are due. For Public Transportation Security Assistance
and Railroad Security Assistance, Port Security Grants, Over-The-

106
Road Bus Security Assistance, Driver’s License Security Grants
Program, Interoperable Emergency Communications Grant Program, and Buffer Zone Protection Program, grant guidance shall be
issued in 30 days, applicants shall apply within 45 days after guidance is issued, and FEMA shall act on the application within 60
days after applications are due.
The Committee directs FEMA to provide a report on the factors
it uses to set the priorities within grant guidance. The report shall
also include an evaluation of the funding that has been used for
planning and recovery, especially for transit security and port security.
STATE HOMELAND SECURITY GRANT PROGRAM

The Committee recommends $950,000,000 for State Homeland
Security Grant Program [SHSGP], of which $60,000,000 shall be
for Operation Stonegarden Grants, as requested in the budget. The
Committee notes that the 0.1 percent allocation of SHSGP to directly eligible tribes, as required in the 9/11 Act, is a minimum, not
the maximum, amount that should be made available based on
risk. Further, the Committee encourages the Department to clarify
that Western Hemisphere Travel Initiative [WHTI] implementation
activities, including issuance of WHTI compliant tribal IDs are eligible under this grant program. In accordance with section 2004 of
the Homeland Security Act of 2002, all funds (excluding Operation
Stonegarden) above the amount automatically allocated to States
and territories, shall be allocated based on risk (as defined by
threat, vulnerability, and consequences). Operation Stonegarden
shall be competitively awarded.
URBAN AREA SECURITY GRANT PROGRAM

The Committee recommends $887,000,000 for the UASI Grant
Program, as proposed in the budget. Of the amount provided under
this heading, $20,000,000 is available for nonprofit entities determined to be at risk by the Secretary.
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 through a required set aside of 25 percent of the
funds appropriated through the SHSGP and UASI programs. The
Committee directs FEMA to provide clear guidance to States and
urban areas to ensure that the intent of LETPP is fully realized
and the program is fully maximized.
REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM

The Committee recommends $35,000,000 for the Regional Catastrophic Preparedness Grant Program [RCPGP], the same amount
as proposed in the budget.
The RCPGP has provided needed funding for planning efforts. As
plans are completed, FEMA is directed to: prioritize funding for efforts which formalize sustainable working groups for continued effective coordination; ensure synchronization of plans and shared
best practices; implement citizen and community preparedness

107
campaigns; and pre-position needed commodities and equipment.
FEMA is further directed to take into account the needs of both the
area at risk of attack and likely host communities.
METROPOLITAN MEDICAL RESPONSE SYSTEM

The Committee recommends $40,000,000 for the Metropolitan
Medical Response System [MMRS], instead of $40,000,000 for the
Medical Surge Grant Program, as proposed in the budget.
The Committee is perplexed that the President’s budget includes
a request to replace the MMRS program with a program, called
Medical Surge Grant Program, that has no clear explanation or
justification. Therefore, this proposal is rejected.
CITIZENS CORPS

The Committee recommends $15,000,000 for the Citizens Corps
Program, as proposed in the budget.
PUBLIC TRANSPORTATION SECURITY ASSISTANCE, RAILROAD SECURITY
ASSISTANCE, AND OVER-THE-ROAD BUS SECURITY ASSISTANCE

The Committee recommends $356,000,000 for Public Transportation Security Assistance [PTSA], Railroad Security Assistance
[RSA], and Over-The-Road Bus Security Assistance; instead of
$250,000,000 for PTSA and RSA, and no funding for Over-TheRoad Bus Security Assistance as proposed in the budget request.
Of the recommended amount, no less than $25,000,000 is provided
for Amtrak security needs and no less than $6,000,000 is for OverThe-Road Bus Security Assistance.
PORT SECURITY GRANTS

The Committee recommends $350,000,000 the Port Security
Grant Program, instead of $250,000,000 as proposed in the budget.
BUFFER ZONE PROTECTION PROGRAM

The Committee recommends $50,000,000 for the Buffer Zone Protection Program, as proposed in the budget.
DRIVER’S LICENSE SECURITY GRANTS PROGRAM

The Committee recommends $50,000,000 for the Driver’s License
Security Grants Program, as proposed in the budget.
INTEROPERABILITY EMERGENCY COMMUNICATIONS GRANTS

The Committee recommends $50,000,000 for Interoperability
Emergency Communications Grants, the same amount as proposed
in the budget.
The Committee expects that before grant dollars can be obligated
by grantees for interoperable communications equipment, jurisdictions must certify to FEMA that the funds are being spent in accordance with their plans. The Committee directs FEMA Regional
Offices to assist in integrating communications plans.

108
EMERGENCY OPERATIONS CENTERS

The
ations
Bill
rected

Committee recommends $20,000,000 for Emergency OperCenters, instead of no funding as proposed in the budget.
language is included providing for the Congressionally dispending items listed in the following table:
EMERGENCY OPERATIONS CENTERS
Amount

State of Ohio ....................................................................................................................................................
City of Chicago, IL ...........................................................................................................................................
City of Ames, IA ...............................................................................................................................................
County of Union, NJ .........................................................................................................................................
City of Hackensack, NJ ....................................................................................................................................
Township of South Orange Village, NJ ............................................................................................................
City of Mount Vernon, NY ................................................................................................................................
City of Whitefish, MT .......................................................................................................................................
Lincoln County, WA ..........................................................................................................................................
City of Providence, RI ......................................................................................................................................
North Louisiana Regional, LA ..........................................................................................................................
City of North Little Rock, AR ...........................................................................................................................

$1,500,000
1,000,000
600,000
353,000
300,000
247,000
1,000,000
900,000
1,000,000
980,000
980,000
900,000

CENTER FOR DOMESTIC PREPAREDNESS

The Committee recommends $62,500,000 to continue activities
for the Center for Domestic Preparedness. Included in this amount
is funding to continue activities for the Noble Training Center.
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM/OTHER PROGRAMS

The Committee recommends $102,000,000 for the National Domestic Preparedness Consortium, instead of $51,500,000, as proposed in the budget. Funds are to be allocated in the same
amounts as fiscal year 2009. Existing members of the Consortium
include: the National Energetic Materials Research and Testing
Center, New Mexico Institute of Mining and Technology; the National Center for Biomedical Research and Training, Louisiana
State University; the National Emergency Response and Rescue
Training Center, Texas A&M University; the National Exercise,
Test, and Training Center, Nevada Test Site; the Transportation
Technology Center, Incorporated, in Pueblo, Colorado; and the Natural Disaster Preparedness Training Center, University of Hawaii,
Honolulu, Hawaii.
The Committee clarifies that the Natural 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.
The Committee also recommends $1,700,000 for counterterrorism
and cybercrime training at Norwich University in Northfield,
Vermont.
CONTINUING TRAINING GRANTS

The Committee provides $27,000,000 for continuing training
grants, $4,000,000 above the request and $4,000,000 below fiscal

109
year 2009. The Committee supports full funding of programs that
deliver homeland security curricula in the form of executive education programs and accredited master’s degree education. The
Committee also notes the importance of the Mobile Education
Team providing half-day, graduate-level seminars on homeland security challenges for Governors, Mayors, and senior staff being conducted prior to any emergency their community may experience.
NATIONAL EXERCISE PROGRAM

The Committee recommends $40,000,000 for the National Exercise Program, the same amount as fiscal year 2009, and $2,000,000
below the budget request.
TECHNICAL ASSISTANCE

The Committee recommends $13,000,000 for Technical Assistance, the same amount as the budget request, and $2,000,000
above fiscal year 2009.
The Committee encourages FEMA to continue to provide training
to first responders through the Domestic Preparedness Equipment
Technical Assistance Program.
The Committee encourages FEMA to fulfill requests from States
that apply for technical assistance for a feasibility study, including
planning and design, of a fixed State emergency training facility.
EVALUATIONS AND ASSESSMENTS

The Committee recommends $18,000,000 for Evaluations and Assessments. The Committee continues to be alarmed that 6 years
after the creation of the Department we still cannot effectively answer the question required by legislative and executive mandate:
How prepared are we? A recent GAO report on National Preparedness [GAO–09–369] found that FEMA has taken initial steps to assess capabilities at all levels of government, but faces methodological and coordination challenges in completing the system. The
Committee is frustrated with the fractured approach to date of
measuring the effectiveness of FEMA programs—from grants to
those actions required by Homeland Security Presidential Directive–8. While the Committee understands that an internal working
group is beginning to put the pieces of the disparate system together, it fears this process will be cumbersome, wrought with turf
battles, and slow to produce usable information. Therefore, the Office of Preparedness Policy, Planning, and Analysis shall brief the
Committee monthly on the detailed plans to measure the Nation’s
preparedness, including milestone dates and program risks.
FIREFIGHTER ASSISTANCE GRANTS

Appropriations, 2009 1 ...........................................................................
$985,000,000
Budget estimate, 2010 2 ......................................................................... ...........................
Committee recommendation .................................................................
800,000,000
1 Includes $210,000,000 in emergency appropriations provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111–5).
2 Budget proposes $590,000,000 under State and Local Programs.

Firefighter assistance grants, as authorized by section 33 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229),
assist local firefighting departments for the purpose of protecting

110
the health and safety of the public and fire fighting personnel, including volunteers and emergency medical service personnel,
against fire and fire-related hazards.
COMMITTEE RECOMMENDATIONS

The Committee recommends $800,000,000 for firefighter assistance grants, including $380,000,000 for firefighter assistance
grants, and $420,000,000 for firefighter staffing grants, to remain
available until September 30, 2010. This is $25,000,000 above the
fiscal year 2009 level (excluding funding included in the Stimulus
Act) and $210,000,000 above the level requested in ‘‘State and
Local Programs’’.
The Committee directs the Department to continue the present
practice of funding applications according to local priorities and
those established by the United States Fire Administration.
The Committee directs the Department to continue direct funding to fire departments and the peer review process. Five percent
of grant funds shall be for program administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Appropriations, 2009 .............................................................................
$315,000,000
Budget estimate, 2010 1 ......................................................................... ...........................
Committee recommendation .................................................................
350,000,000
1 Budget

proposes $315,000,000 under State and Local Programs.

Funding requested in this account provides support to the Nation’s all-hazards emergency management system and helps to
build State and local emergency management capability.
COMMITTEE RECOMMENDATIONS

The Committee recommends $350,000,000 for emergency management performance grants [EMPG], an increase of $35,000,000
from the amount requested in the budget within the ‘‘State and
local programs’’ account. EMPG is an essential source of funding
for State and local emergency management.
The Committee directs FEMA to retain EMPG as a separate
grant program, and not to combine its funding with any other
grant allocation or application process. Not to exceed 3 percent of
grant funds shall be for administrative expenses.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

Appropriations, 2009 1 ...........................................................................
Budget estimate, 2010 1 .........................................................................
Committee recommendation 1 ...............................................................
1 Fee

¥$505,000
¥265,000
¥265,000

collections are estimated to exceed costs.

The Radiological Emergency Preparedness [REP] program assists
State and local governments in the development of off-site radiological emergency preparedness plans within the emergency planning zones of commercial nuclear power facilities licensed by the
Nuclear Regulatory Commission [NRC]. The fund is financed from
fees assessed and collected from the NRC licensees to recover the
amounts anticipated to be obligated in the next fiscal year for expenses related to REP program activities.

111
COMMITTEE RECOMMENDATIONS

The Committee provides for the receipt and expenditure of fees
collected, as authorized by Public Law 105–276. The budget estimates fee collections to exceed expenditures by $265,000 in fiscal
year 2010.
UNITED STATES FIRE ADMINISTRATION

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$44,979,000
45,588,000
45,588,000

The mission of the United States Fire Administration [USFA] is
to reduce losses, both economic and human, due to fire and other
emergencies through training, research, coordination and support.
USFA also prepares the Nation’s first responder and healthcare
leaders through ongoing, and when necessary, expedited training
regarding how to evaluate and minimize community risk, improve
protection to critical infrastructure, and be better prepared to react
to all-hazard and terrorism emergencies.
COMMITTEE RECOMMENDATIONS

The Committee recommends $45,588,000 for the USFA, as requested in the budget.
The Committee directs USFA to work with the United States Department of Agriculture and the Department of Interior to ensure
compatible data on wildfires is available. The Committee is dismayed that the facilities master plan report, which was due to the
Committees on Appropriations on April 6, 2009, as required by the
Homeland Security Appropriations Act, 2009, has not been received
and FEMA is expected to provide it without delay.
The Committee directs USFA to provide a briefing within 30
days of the date of enactment of this act on the status of implementing the upgrade to the National Fire Information Reporting
System, including future milestones for measuring progress.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$1,400,000,000
2,000,000,000
1,456,866,000

Through the Disaster Relief Fund [DRF], the Department provides a significant portion of the total Federal response to victims
in presidentially declared major disasters and emergencies. Major
disasters are declared when a State requests Federal assistance
and proves that a given disaster is beyond the local and State capacity to respond. Under the DRF, FEMA will continue to operate
the primary assistance programs, including Federal assistance to
individuals and households; and public assistance, which includes
the repair and reconstruction of State, local, and nonprofit infrastructure. The post-disaster hazard mitigation set-aside to States,
as part of the DRF, works as a companion piece to the National
Pre-Disaster Mitigation Fund.

112
COMMITTEE RECOMMENDATIONS

The Committee recommends a total amount of $1,456,866,000 for
disaster relief. As requested, the Committee recommends bill language transferring up to $50,000,000 of the total amount to FEMA
‘‘Management and Administration’’ subject to Committee notification, for unforeseen personnel support costs related to the conversion of temporary disaster employees to permanent employees. Additionally, the Committee recommends bill language transferring
$16,000,000 of the total amount appropriated to the Office of the
Inspector General for audits and investigations related to disasters.
The Committee also recommends bill language requiring an expenditure plan and quarterly reports for disaster readiness and
support costs; and a monthly report on the disaster relief expenditures.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

Appropriations, 2009 1 ...........................................................................
Budget estimate, 2010 1 .........................................................................
Committee recommendation 1 ...............................................................

$295,000
295,000
295,000

1 Funding for administrative expenses totaling $580,000 is included in FEMA ‘‘Management
and Administration’’.

Disaster assistance loans authorized by the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162) are
loans to States for the non-Federal portion of cost sharing funds,
and community disaster loans to local governments incurring a
substantial loss of tax and other revenues as a result of a major
disaster. The funds requested for this program include direct loans
and a subsidy based on criteria including loan amount and interest
charged. As required by the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.), this account records, for this program, the subsidy costs associated with the direct loans obligated in 1992 and beyond (including modifications of direct loans), as well as administrative expenses of the program. The subsidy amounts are estimated on a present value basis; the administrative expenses are estimated on a cash basis.
COMMITTEE RECOMMENDATIONS

The Committee recommends $295,000, as proposed in the budget,
in subsidy costs for disaster assistance direct loans.
The Committee recommends administrative costs for the Disaster
Assistance Direct Loan Program totaling $580,000 for the program.
These funds are included in FEMA ‘‘Management and Administration’’, as proposed in the budget.
Bill language is included directing the gross obligations for the
principal amount of direct loans to not exceed $25,000,000.
FLOOD MAP MODERNIZATION FUND

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$220,000,000
220,000,000
220,000,000

This appropriation supports the functions necessary to modernize
and digitize flood maps. The flood maps are used to determine appropriate risk-based premium rates for the National Flood Insur-

113
ance Program, to complete flood hazard determinations required of
the Nation’s lending institutions, and to develop appropriate disaster response plans for Federal, State, and local emergency management personnel.
COMMITTEE RECOMMENDATIONS

The Committee recommends $220,000,000 for the Flood Map
Modernization Fund, the same amount as the budget request, and
includes language in the bill that provides up to 3 percent of the
funds may be made available for administrative purposes.
NATIONAL FLOOD INSURANCE FUND

Appropriations, 2009 1 ...........................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................
1 Fully

($156,599,000)
(156,469,000)
(156,469,000)

offset by fee collections.

The National Flood Insurance Fund is a fee-generated fund
which provides funding for the National Flood Insurance Program.
This program enables property owners to purchase flood insurance
otherwise unavailable in the commercial market. The National
Flood Insurance Act of 1968 authorizes the Federal Government to
provide flood insurance on a national basis. This insurance is available to communities which enact and enforce appropriate floodplain
management measures and covers virtually all types of buildings
and their contents up to $350,000 for residential types and
$1,000,000 for all other types.
COMMITTEE RECOMMENDATIONS

The Committee recommends $159,469,000, as proposed in the
budget, for the National Flood Insurance Fund, of which
$40,000,000 is for expenses under section 1366 of the National
Flood Insurance Act (42 U.S.C. 4104c) to provide assistance planning to States and communities for implementing floodplain management measures to reduce or eliminate the long-term risk of
flood damage to buildings and other structures eligible for insurance under the National Flood Insurance Program.
FINANCIAL WEAKNESSES

The Office of Inspector General has identified financial weaknesses in the National Flood Insurance Program as specified in the
April 2009, National Flood Insurance Program Management Letter
for the fiscal year 2008 DHS’ Financial Statement Audit. The Committee directs FEMA to correct these weaknesses without delay,
and to provide a briefing to the Committees on Appropriations
within 45 days of the date of enactment of this act on the progress
of implementing the Mission Action Plan.
NATIONAL PREDISASTER MITIGATION FUND

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$90,000,000
150,000,000
120,000,000

The National Predisaster Mitigation [PDM] Fund provides grants
to States, communities, territories, and Indian tribal governments

114
for hazard mitigation planning and implementing mitigation
projects prior to a disaster event. PDM grants are awarded on a
competitive basis. This program operates independent of the Hazard Mitigation Grant Program, funded through the Disaster Relief
Fund, which provides grants to a State in which a disaster has
been declared.
COMMITTEE RECOMMENDATIONS

The Committee recommends $120,000,000 for PDM, $30,000,000
above the fiscal year 2009 level, and $30,000,000 below the request.
EMERGENCY FOOD AND SHELTER

2009 1

Appropriations,
...........................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$300,000,000
100,000,000
175,000,000

1 Includes $100,000,000 in emergency appropriations provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111–5).

This appropriation funds grants to nonprofit and faith-based organizations at the local level to supplement their programs for
emergency food and shelter to provide for the immediate needs of
the homeless.
COMMITTEE RECOMMENDATIONS

The Committee recommends $175,000,000 for Emergency Food
and Shelter, which is $75,000,000 above the budget request level.

TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
UNITED STATES CITIZENSHIP

AND IMMIGRATION

SERVICES

Appropriations, 2009
............................................................................. $101,740,000
Budget estimate, 2010 ...........................................................................
364,000,000
Committee recommendation .................................................................
135,700,000

United States Citizenship and Immigration Services [USCIS]
funds expenses necessary for the administration of laws and the
provision of services related to people seeking to enter, reside,
work, and naturalize in the United States. In addition to directly
appropriated resources, fee collections are available for the operations of USCIS.
Immigration Examinations Fees.—USCIS collects fees from persons applying for immigration benefits to support the adjudication
of applications, as authorized by the Immigration and Nationality
Act (8 U.S.C. 1356).
H1–B and L Fraud Prevention and Detection Fees.—USCIS collects fees from petitioners seeking a beneficiary’s initial grant of
H1–B or L nonimmigrant classification or those petitioners seeking
to change a beneficiary’s employer within those classifications
(Public Law 108–447).
H1–B Nonimmigrant Petitioner Fees.—USCIS collects fees from
petitioners using the H1–B program (Public Law 108–447).
COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $2,638,932,000,
including direct appropriations of $135,700,000 and estimated fee
collections of $2,503,232,000.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES—FUNDING SUMMARY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Appropriations ................................................................................

101,740

364,000

135,700

Estimated Fee Collections:
Immigration Examinations Fees ...........................................
H–1B and L Fraud Prevention and Detection Fees ..............
H–1B Non-immigrant Petitioner Fees ...................................

2,495,186
31,000
13,000

2,451,884
38,348
13,000

2,451,884
38,348
13,000

Total, Estimated Fee Collections ......................................

2,539,186

2,503,232

2,503,232

Total, Available Funding ..................................................

2,640,926

2,867,232

2,638,932

(115)

116
E-VERIFY

The Committee recommends $118,500,000 for the E-verify program. The $6,500,000, 7 positions, and 4 FTE above the request
are for additional system enhancements, an identity assurance tool,
and additional capacity to investigate fraudulent use of identity
documents.
The Committee strongly supports E-Verify and the effort the Department is performing to improve E-Verify’s ability to automatically verify those who are work authorized, detect identity fraud,
and detect system misuse and discrimination. E-Verify is both an
essential tool for employers committed to maintaining a legal workforce and a key deterrent to illegal immigration. The requested program increase and the additional funds recommended by the Committee will promote monitoring and compliance activities and ITrelated business initiatives geared toward improved system use.
The Committee notes that USCIS has significantly enhanced EVerify over the last few years, resulting in decreasing tentative
non-confirmation rates while implementing continuous improvements. According to an independent evaluation of E-Verify, 96.1
percent of all cases queried through E-Verify were automatically
verified, in the first instance, as work authorized. The 96.1 percent
figure (based on data from the third quarter of fiscal year 2008)
represents a significant improvement over earlier evaluation results; the automatic verification rate improved from 83 percent in
2002 to 94.7 percent in 2007. Of the remaining 3.9 percent of queries with an initial mismatch, only 0.37 percent of those were later
confirmed to be work authorized. The initial mismatch could have
been due to data error or someone not notifying the Social Security
Administration [SSA] of name change, et cetera. The majority of remaining queries that were not automatically verified indicate that
the program is doing what it is intended to do: detect unauthorized
workers trying to work unlawfully.
The Committee is aware that there is a common misconception
that an initial mismatch indicates a program or database error. An
initial mismatch instead indicates either: (1) a discrepancy between
the information an employee has provided and information in government records; (2) that an employee has failed to update their information with SSA or DHS (such as a name change after marriage); or (3) an individual without work authorization has submitted fraudulent information. These individuals are afforded the
opportunity to contest the finding by contacting SSA or DHS to resolve the discrepancy; however, as indicated, less than half of one
percent of all individuals run through the program successfully
contest an initial mismatch. Remaining queries receive a ‘‘Final
Non-Confirmation’’ in the system to inform an employer that they
are not work authorized. This data indicates the program’s success
in quickly verifying the status of those who are work authorized
and detecting those ineligible for employment.
Given the concerns by some of the general public with E-Verify,
the Committee urges USCIS to continue to work to enhance the
system to further improve performance, to continue its public outreach and education campaign, and to perform a new, independent

117
evaluation of the system during the first quarter of fiscal year
2010.
The bill also includes a general provision extending the E-Verify
program for 3 years, as requested.
PROPOSED NEW FEES

The budget proposed $206,000,000 in new appropriated resources
to cover the costs associated with performing international programs such as asylum, refugee, and humanitarian parole, as well
as funding the costs of military naturalizations. The Committee
supports appropriations to support those men and women serving
this Nation in the military and has included $5,000,000, as requested, for military naturalizations. The Committee does not include the other requested funds and supports the existing method
used to cover the costs for those activities. Therefore, the Committee directs the Department to submit a reprogramming within
30 days after the date of enactment of this act, to reflect the continuation of these activities as fee funded.
IMMIGRANT INTEGRATION

The Committee recommends an additional $1,200,000, the same
level as provided in fiscal year 2009, for citizenship education and
immigrant integration grants. The Committee notes that the current year grant applications are still being evaluated and that the
2009 funds have yet to be awarded. The Committee does not recommend the $10,000,000 requested in the budget for a new immigrant integration activity. The Committee notes that the Office of
Citizenship Services has long provided admirable services to assist
those individuals seeking to become U.S. citizens or otherwise legally adjust their status and will have $6,400,000 of carry forward
balances to continue these efforts. This makes a total of $7,600,000
available for immigrant services and integration grants.
DRIVER’S LICENSE SECURITY HUB

The Committee supports the development of a Driver’s License
Security hub to assist State motor vehicle offices and other drivers’
license issuing entities to produce secure drivers licenses and notes
that Congress provided $50,000,000, as requested, in fiscal year
2009 for this purpose. Due to the fact that these funds remain unobligated and the Department continues to review plans for development of the hub, the Committee provides no new funding for this
activity. The Committee strongly encourages the Department to deliver its plan for the hub and anticipates receiving the development
plan this year.
FBI BACKGROUND CHECK BACKLOG

The Committee is pleased to note that the multiyear FBI name
check backlog has been eliminated. As of April 30, 2009, there were
only 32 cases, out of 1,645 pending, which were more than 30 days
old, compared to over 327,000 pending cases on April 1, 2008. The
Committee expects USCIS to report to the Committee in the event
that there are indications that the backlog is returning.

118
COMMITTEE RECOMMENDATIONS

The following table, which includes appropriations and estimated
fee collections, summarizes the Committee’s recommendations as
compared to the fiscal year 2009 and budget request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES—PROGRAM SUMMARY
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Appropriations:
Employment Eligibility Verification [EEV]/E-Verify ...............
Data Center Consolidation ....................................................
Benefit Parole Programs .......................................................
Immigration Service Programs .............................................
Driver’s License Security Hub ...............................................
Asylum and Refugee Services ..............................................

100,000
............................
540
1,200
............................
............................

112,000
11,000
............................
10,000
25,000
206,000

118,500
11,000
............................
1,200
............................
5,000

Total, Appropriations ........................................................

101,740

364,000

135,700

Fee Collections:
Adjudication Services:
Pay and Benefits .........................................................
Operating Expenses:
District Operations ..............................................
Service Center Operations ..................................
Asylum, Refugee and International Operations ..
Records Operations .............................................
Business Transformation ....................................
International Operations .....................................

780,076

............................

............................

535,156
345,890
92,602
85,946
139,000
............................

1,132,317
549,623
............................
107,113
173,264
64,587

1,132,317
549,623
............................
107,113
173,264
64,587

Subtotal, Adjudication Services .....................

1,978,670

2,026,904

2,026,904

Information and Customer Services:
Pay and Benefits .........................................................
Operating Expenses:
Information and Customer Service .....................
National Customer Service Center ......................
Information Services ...........................................

92,587

............................

............................

............................
53,747
21,465

89,050
............................
............................

89,050
............................
............................

Subtotal, Information and Customer Services .............................................................

167,799

89,050

89,050

Administration:
Administration ..............................................................
Pay and Benefits .........................................................
Operating Expenses .....................................................

............................
88,746
285,153

365,932
............................
............................

365,932
............................
............................

Subtotal, Administration .........................................

373,899

365,932

365,932

Systematic Alien Verification for Entitlements [SAVE] .........

18,818

21,346

21,346

Total, Fee Collections .......................................................

2,539,186

2,503,232

2,503,232

FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$246,530,000
245,356,000
244,356,000

The Federal Law Enforcement Training Center Salaries and Expenses appropriation provides funds for basic and some advanced

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training to Federal law enforcement personnel from more than 80
agencies. This account also allows for research of new training
methodologies; provides for training to certain State, local, and foreign law enforcement personnel on a space-available basis; and accreditation of Federal law enforcement training programs.
COMMITTEE RECOMMENDATIONS

The Committee recommends $244,356,000 for salaries and expenses of the Federal Law Enforcement Training Center [FLETC]
for fiscal year 2010. Within the funds provided is $1,309,000 for the
Federal Law Enforcement Training Accreditation Board,
$4,100,000 for the Train 21 program, and $5,000,000 for Data Center migration. Hiring of new Border Patrol agents has increased
drastically since 2001. Beginning in 2010, the hiring of Border Patrol agents will begin to slow down. Due to reduced hiring, the
President’s budget decreased funding for basic training requirements by $12,512,000.
The Committee encourages FLETC to continue and expand existing institutional partnerships prior to initiating new partnerships
to assist in meeting State, local, and other training needs.
The Committee includes bill language requiring the Director of
FLETC to ensure all training centers are operated at the highest
capacity feasible throughout the fiscal year. The Committee also
expects the Director to maintain training at or near capacity before
entering into new leases with private contractors or establishing
new partner organizations.
INTEGRITY TRAINING

The Federal Government has experienced a significant increase
in law enforcement officer hiring in the years since the tragic attacks on September 11, 2001. The Committee believes it is critical
that all Federal law enforcement personnel, especially new hires,
receive comprehensive training in ethics and public integrity. The
Committee notes that Federal law enforcement personnel receive
ethics training as part of their basic training at FLETC and expects that all newly hired Federal law enforcement officers will receive such training wherever they are trained.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$86,456,000
43,456,000
43,456,000

This account provides for the acquisition and related costs for expansion and maintenance of facilities of the Federal Law Enforcement Training Center [FLETC]. This includes construction and
maintenance of facilities and environmental compliance. The environmental compliance funds ensure compliance with Environmental Protection Agency and State environmental laws and regulations.

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COMMITTEE RECOMMENDATIONS

The Committee recommends $43,456,000 for acquisitions, construction, improvements, and related expenses for expansion and
maintenance of facilities of FLETC.
SCIENCE

AND

TECHNOLOGY

SUMMARY

The mission of Science and Technology [S&T] is to conduct, stimulate, and enable homeland security research, development, testing, and to facilitate the timely transition of capabilities to Federal,
State, local, and tribal end-users.
MANAGEMENT AND ADMINISTRATION

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$132,100,000
142,200,000
143,200,000

The Management and Administration account funds salaries and
expenses related to the Office of the Under Secretary for Science
and Technology, and headquarters.
COMMITTEE RECOMMENDATIONS

The Committee recommends $143,200,000 for management and
administration of programs and activities carried out by S&T. Of
this amount, the Committee recommends up to $10,000 for official
reception and representation expenses.
The recommended amount is $1,000,000 above the request and
$11,100,000 above the fiscal year 2009 level.
TEST AND EVALUATIONS

Under Acquisition Directive 102–01, S&T is responsible for ensuring that approved level 1 acquisitions comply with departmental
guidance for testing and evaluating technologies. The Committee
strongly supports S&T’s role in the Acquisition Review Process. To
ensure S&T has adequate staff and resources to fulfill this requirement, the Committee provides an increase of $1,000,000 above the
request for additional Government personnel for Test and Evaluations/Standards to support the Department’s Acquisition Review
Board process. Further, S&T is directed to provide quarterly briefings to the Committee on the test and evaluation status of all level
1 acquisitions.
STRATEGIC PLANNING

At the direction of the Committee, the National Academy of Public Administration [NAPA] undertook an independent review of research and development spending on homeland security within the
Federal Government. As a result, NAPA found that S&T’s efforts
could be improved with the development of an internal strategic
plan to focus efforts and measure progress of research projects. In
addition, NAPA recommends a more coordinated approach to developing the Federal homeland security research strategic plan mandated by section 302 of Public Law 107–296. S&T is directed to report to the Committee within 30 days of the date of enactment of

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this act on its plans and timelines for full implementation of the
NAPA recommendations in this area.
RESULTS OF RESEARCH PROJECTS

S&T is directed to submit a report, in conjunction with the fiscal
year 2011 President’s budget request and in each subsequent fiscal
year, on the results of its research and development for the prior
fiscal year. This report should detail all technologies, technology
improvements, or capabilities delivered to front line users, and if
the technology or capability was the result of the Integrated Product Team process. The first report will cover all results from fiscal
year 2009.
OBLIGATIONS AND DE-OBLIGATIONS

The Committee requires more clarity in the process used by S&T
to evaluate projects that have not used all of their allotted funds,
and the process used to move funds from one project to another
over time. S&T is directed to submit a report, in conjunction with
the fiscal year 2011 President’s budget request and in each subsequent fiscal year, on the amounts deobligated from projects during
the prior fiscal year and what projects those funds were subsequently obligated to. The first report will cover all results from fiscal year 2009.
ASSESSMENT OF PROGRAM RESOURCES

In the past, S&T was assessing various programs for operating
costs that had not been fully accounted for in the management and
administration account. While this practice appears to have ceased,
the Committee reminds the Department that it expects to be notified should S&T assess any program for administrative costs exceeding 5 percent of the total program appropriation through a notification pursuant to section 503 of this act.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$800,487,000
826,191,000
851,729,000

Science and Technology [S&T] supports the mission of DHS
through basic and applied research, fabrication of prototypes, research and development to mitigate the effects of weapons of mass
destruction, as well as acquiring and field testing equipment. Separate funding is provided for 12 different activities or portfolios.
COMMITTEE RECOMMENDATONS

The Committee recommends $851,729,000 for research, development, acquisition, and operations of S&T, with the funds to remain
available for 2 years. The recommended amount is $25,538,000
above the request and $51,242,000 above the fiscal year 2009 level.
The Committee does not include a separate PPA for the Homeland
Security Institute, as requested in the budget. A general provision
is included rescinding $7,500,000 of unobligated prior year balances.

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The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
SCIENCE AND TECHNOLOGY—RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Borders and Maritime Security ......................................................
Chemical and Biological ................................................................
Command, Control, and Interoperability .......................................
Explosives .......................................................................................
Human Factors ...............................................................................
Infrastructure and Geophysical .....................................................
Innovation ......................................................................................
Laboratory Facilities .......................................................................
Test and Evaluation/Standards .....................................................
Transition .......................................................................................
University Programs .......................................................................
Homeland Security Institute ..........................................................

33,050
200,408
74,890
96,149
12,460
75,816
33,000
161,940
28,674
28,830
50,270
5,000

40,181
206,800
80,264
120,809
15,087
44,742
44,000
154,500
28,674
45,134
46,000
............................

40,181
206,800
83,264
120,809
12,460
67,607
44,000
154,500
28,674
45,134
48,300
............................

Total, Research, Development, Acquisition, and Operations ...........................................................................

800,487

826,191

851,729

BORDER AND MARITIME SECURITY

The Committee recommendation includes $40,181,000, an increase of $7,131,000, as requested in the budget, for developing and
transitioning tools and technologies that improve the security of
our Nation’s borders and waterways. Within the amount recommended is $13,199,000 for research on border technologies including $3,000,000 for urban tunnel detection basic research, as requested.
CHEMICAL AND BIOLOGICAL

The Committee recommendation includes $206,800,000, an increase of $6,392,000 above the fiscal year 2009 level, as requested
in the budget, for developing technologies for the detection of chemical, biological, and radiological contaminants.
The Committee supports the transfer of the BioShield program
from DHS to the Department of Health and Human Services as
proposed in the budget, but S&T shall continue to carry out the responsibilities of section 3(c)(2) of the Project BioShield Act of 2004
(Public Law 108–276), which requires the Secretary of Homeland
Security to make determinations of chemical, biological, nuclear,
and radiological agents that are material threats to the U.S. population. Sufficient funds for this responsibility are provided within
the recommendation.
COMMAND, CONTROL, AND INTEROPERABILITY

The Committee recommendation includes $83,264,000, an increase of $3,000,000 above the amount requested in the budget.
The Committee recommendation includes not less than $3,000,000,
the same as the fiscal year 2009 level, for Distributed Environment
for Critical Infrastructure Decisionmaking Exercises for research of
low probability, high consequence cyber attacks against infrastructure critical to the U.S. economy. The Committee also encourages

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S&T to continue to work with the Homeland Open Security Technology program, which has successfully demonstrated the use of
open source methodologies to address encryption and distribution
issues of critical national interest. Expansion of this project would
increase efforts to address these issues across all Federal agencies.
FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS

S&T, in conjunction with the Director of the National Institute
of Standards and Technology, shall continue assessing the compliance of first responder communications equipment with common
system standards for digital public safety radio communications
(Project 25 standards).
EXPLOSIVES

The Committee recommendation includes $120,809,000, an increase of $24,660,000 above the fiscal year 2009 level, as requested
in the budget. The Committee includes $10,000,000, the same as
the budget request level, to develop air cargo screening technologies. The Committee expects this effort to be based on a systems approach that is technologically achievable and economically
feasible. S&T is expected to study available technology comprehensively to create the best uniform system to detect scalable, cost-effective technologies for the most viable threats.
COUNTER-IMPROVISED EXPLOSIVE DEVICE RESEARCH

The Committee recommendation includes $14,660,000 to support
counter-improvised explosive device [IED] research, as requested in
the budget. S&T is directed to report to the Committee, by March
5, 2010, on the progress made in addressing any identified gaps in
research and development aimed at countering the threat of IED’s
and how the funds recommended will further close the identified
gaps.
HUMAN FACTORS

The Committee recommendation includes $12,460,000, the same
as the fiscal year 2009 enacted level, for Human Factors.
INFRASTRUCTURE AND GEOPHYSICAL

The Committee recommendation includes $67,607,000, an increase of $22,865,000 above the amount requested in the budget.
The amount recommended includes not less than $20,865,000 to
continue the Southeast Region Research Initiative at the Oak
Ridge National Laboratory; and not less than $2,000,000 for the
Cincinnati Urban Area partnership established through the Regional Technology Integration Initiative.
INNOVATION

The Committee recommendation includes $44,000,000, an increase of $11,000,000 above the fiscal year 2009 level, as requested
in the budget. Consistent with the budget request, specific projects
to be funded include: $2,000,000 for the Multi-modal Tunnel Detect
project; $2,000,000 for the Resilient Tunnel project; $4,000,000 for
levee strengthening and damage mitigation; $1,500,000 for hurri-

124
cane and storm surge mitigation; and $8,000,000 for the resilient
electric grid.
LABORATORY FACILITIES

The Committee recommendation includes $154,500,000 for Laboratory Facilities, as requested in the budget. Included in this
amount is $12,000,000 as requested for construction responsibilities
of DHS for the Physical Science Facility and refurbishment of
building 325 at the Pacific Northwest National Laboratory.
The Committee recognizes the importance of building the new
National Bio and Agro-defense Facility [NBAF] as it will be the
United States’ primary defense against at least eight major diseases and viruses as well as other zoonotic diseases that may
present a food security, animal health, or public health risk. The
recent outbreak of H1N1 Swine Influenza underscores the need for
the United States to have a central facility to do research on containing and combating such zoonotic diseases in animals before
they are transmitted to people. Therefore, the Committee recommendation includes $36,312,000, as requested, to allow the
NBAF to maintain the construction schedule outlined in the fiscal
year 2010 congressional justification.
Further, $5,000,000 is included, as requested, for infrastructure
upgrades at the Transportation Security Laboratory [TSL]. To ensure that the Committee has the full long-term plan for modernizing the laboratory, S&T shall provide a 5-year master facility
plan for improvements at the TSL to the Committee by March 5,
2010.
TRANSITION

The Committee recommendation includes $45,134,000 for Transition, as requested in the budget. Included in the amount requested
is an increase of $12,000,000 for first responder technologies to address gaps identified by the new Federal, State, local, and tribal
First Responders Integrated Product Team. Given that this effort
is just getting underway, and that project requirements have not
yet been decided for any potential projects to be funded from this
program, an expenditure plan for these funds is required to be submitted 60 days after the date of enactment of this act.
UNIVERSITY PROGRAMS

The Committee recommendation includes $48,300,000 for University Programs, $2,300,000 above the amount requested in the budget. The increased funding is to ensure an adequate level of funding
for the continuation of this program. The Committee notes that
$2,000,000 for the Naval Post Graduate School is funded in the
Transition PPA, as requested in the budget.
NEW TECHNOLOGIES

The Committee believes new technologies may significantly help
the Department as it seeks to secure our homeland. The Committee
encourages the Department to develop, through competitive
awards, such technologies as: antigen presenting cell biosensors;

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micro-electric-mechanical systems based, low-power, portable chemical detection system; and integrated biometric detectors.
DOMESTIC NUCLEAR DETECTION OFFICE
SUMMARY

The Domestic Nuclear Detection Office [DNDO] is responsible for
development of technologies to detect and report attempts to import, possess, store, develop, or transport nuclear and radiological
material.
COMMITTEE RECOMMENDATIONS

The Committee recommends $374,037,000 for activities of DNDO
for fiscal year 2010. The recommendation is an decrease of
$140,154,000 from the fiscal year 2009 level and an increase of
$7,901,000 from the level proposed in the budget request.
The following table summarizes the Committee’s recommendations as compared to the fiscal year 2009 and budget request levels:
DOMESTIC NUCLEAR DETECTION OFFICE
[In thousands of dollars]
Fiscal year 2009
enacted

Fiscal year 2010
budget request

Committee
recommendations

Management and Administration ........................................................
Research, Development, and Operations .............................................
Systems Acquisition .............................................................................

37,500
323,200
153,491

39,599
326,537
..........................

37,500
326,537
10,000

Total, Domestic Nuclear Detection Office ..............................

514,191

366,136

374,037

ALTERNATIVE PATHWAYS

The Committee continues to raise concerns that terrorists may be
able to acquire a nuclear weapon and choose to transport it into the
country through means other than a shipping container. The Committee again urges DNDO to prioritize its development and deployment of detection equipment upon risk, and as appropriate, focus
on other pathways into the country such as general aviation, small
pleasure maritime craft, or other routes it deems the highest risk.
MANAGEMENT AND ADMINISTRATION

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$37,500,000
39,599,000
37,500,000

The Management and Administration account funds salaries,
benefits, and expenses for the Domestic Nuclear Detection Office.
COMMITTEE RECOMMENDATIONS

The Committee recommendation includes $37,500,000 for Management and Administration. The recommendation is the same as
the fiscal year 2009 level and a decrease of $2,099,000 from the
level proposed in the budget request. Of this amount the Committee recommends not to exceed $3,000 for official reception and
representation expenses. Funds are decreased due to the delay in
filling full-time permanent positions within DNDO.

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RESEARCH, DEVELOPMENT, AND OPERATIONS

Appropriations, 2009 .............................................................................
Budget estimate, 2010 ...........................................................................
Committee recommendation .................................................................

$323,200,000
326,537,000
326,537,000

The Research, Development and Operations account transformational research of technologies for front line users.
COMMITTEE RECOMMENDATIONS

The Committee recommendation includes $326,537,000 for Research, Development, and Operations, with the funds to remain
available for 2 years. The recommendation is an increase of
$3,337,000 from the fiscal year 2009 level and the same as the
level proposed in the budget request. Bill language rescinding
$8,000,000 of prior year balances is included in the general provisions.
IMPROVING CURRENT TECHNOLOGY

The Committee is aware that improvements can be made to the
radiation detectors currently in use. Both the Government Accountability Office and the Homeland Security Institute’s Independent
Review of the Advanced Spectroscopic Portal Final Report discuss
improvements that can be made to polyvinyl toluene [PVT] radiation monitors. Given that the PVT monitors will be in use for a
considerable time it would seem prudent to invest in this technology. In addition, the National Academy of Sciences’ interim report on Advanced Spectroscopic Portals discusses the need to invest
in technology advancements in handheld radiation detectors.
Therefore, the Committee includes $5,000,000, within the funds
provided, to improve operations and capabilities of the PVT monitors and handheld radiation detectors and deploy any improvements developed to the field. DNDO is directed to submit an expenditure plan and development and deployment timelines by November 16, 2009.
SYSTEMS ACQUISITION

Appropriations, 2009 .............................................................................
$153,491,000
Budget estimate, 2010 ........................................................................... ...........................
Committee recommendation .................................................................
10,000,000

The Systems Acquisition account funds the acquisition of radiological detection equipment for front line users across the Department.
COMMITTEE RECOMMENDATIONS

The Committee recommendation includes $10,000,000 for Systems Acquisition. The recommendation is a decrease of
$143,491,000 from the fiscal year 2009 level and an increase of
$10,000,000 from the level proposed in the budget request.
SECURING THE CITIES

The Committee recommendation includes $10,000,000 to continue the securing the cities initiative as a competitively awarded
grant program.

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ADVANCED SPECTROSCOPIC PORTAL MONITORS

The Committee agrees with the Department’s proposal to reevaluate the Advanced Spectroscopic Portal [ASP] program. As of
May 15, 2009, DNDO had $126,000,000 in available balances for
acquiring human portable radiation detection systems and radiation portal monitors. These balances should be sufficient to complete current deployments. Over $80,500,000 is planned for obligation in fiscal year 2010 if the ASP is certified for use in either secondary or primary inspection.
As the Secretary is reviewing the ASP program, the Committee
encourages the Department to review the placement of the acquisition dollars for radiation portal monitors within what is a primarily
research and development component and not an operational component. As the deployment of the domestic nuclear detection architecture has matured it may be more appropriate for future acquisition dollars to be placed in the operational components that perform these activities: Coast Guard; CBP; and TSA. Further, the
Committee encourages the Department to evaluate the transfer of
remaining balances within this account to the appropriate operational component.
ASP MONITORS CERTIFICATION

Bill language is included prohibiting the Department from fullscale procurement of ASP monitors until the Secretary submits a
report to the Committees on Appropriations certifying that a significant increase in operational effectiveness will be achieved. In
addition, separate and distinct certifications shall be submitted by
the Secretary prior to the procurement of ASPs for primary and
secondary deployment that addresses the requirements for operational effectiveness of each type of deployment. The Secretary is
directed to continue consulting with the National Academy of
Sciences. Finally, DNDO is prohibited from engaging in high-risk
concurrent development and production of mutually dependent software and hardware components of detection systems.
The National Academy of Science’s interim report on the ASP
program made three recommendations related to development and
certification. Specifically, DNDO should: incorporate computer modeling in addition to testing so that the results of one can be used
to validate the other; use available low-rate initial production ASPs
for primary and secondary inspection at various sites to assess capabilities in multiple environments; and complete a more rigorous
cost benefit analysis that takes a broader approach to assessing the
cost of reducing risk in one area versus another. The Committee
believes these 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 Committee as to why these
recommendations were not followed.
The Committee notes that independent reviews of the ASP program have been of value to the Department. Therefore, the Committee believes an independent cost-benefit analysis would be beneficial.

TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)

Section 501. The bill includes a provision that no part of any appropriation shall remain available for obligation beyond the current
fiscal year unless expressly provided.
Section 502. The bill includes a provision 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 bill includes a provision that provides authority
to reprogram appropriations within an account and to transfer up
to 5 percent between appropriations accounts with 15-day advance
notification of the Committees on Appropriations. A detailed funding table identifying each congressional control level for reprogramming purposes is included at the end of this statement. These reprogramming guidelines shall be complied with by all departmental
components funded by this act.
The Committee expects the Department to submit reprogramming requests on a timely basis, and to 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 (full-time equivalent) levels
for the current fiscal year and to the levels required for the following fiscal year. The Committee continues to be disappointed by
the quality, level of detail, and timeliness of the Department’s proposed reprogrammings.
The Committee expects the Department to manage its programs
and activities within the levels appropriated. The Committee reminds 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 on Appropriations 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 shall not propose a reprogramming or transfer
of funds after June 30 unless there are extraordinary cir(128)

129
cumstances, which place human lives or property in imminent danger.
Section 504. The bill includes a provision relating to the Department’s Working Capital Fund [WCF] that: extends the authority of
the Department’s WCF in fiscal year 2010; prohibits funds appropriated or otherwise made available to the Department from being
used to make payments to the WCF, except for the activities and
amounts allowed in the President’s fiscal year 2010 budget; makes
funds available for the WCF available until expended; ensures departmental components are only charged for direct usage of each
WCF service; makes funds provided to the WCF available only for
purposes consistent with the contributing component; requires the
WCF to be paid in advance or reimbursed at rates which will return the full cost of each service; and subjects the WCF to the requirements of section 503 of this act. The WCF table included in
the Department’s congressional justification accompanying the
President’s fiscal year 2010 budget shall serve as the control level
for reprogramming and transfer purposes in compliance with section 503 of this act. The Committee notes that consistent with the
Department of Homeland Security Appropriations Act, 2009, the
President’s WCF budget does not include funds for sedan service,
shuttle service, transit subsidy, mail operations, parking, and competitive sourcing. The WCF shall not be available for these purposes in fiscal year 2010.
Section 505. The bill includes a provision that not to exceed 50
percent of unobligated balances remaining at the end of fiscal year
2010 from appropriations made for salaries and expenses shall remain available through fiscal year 2011 subject to reprogramming.
Section 506. The bill includes a provision providing 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 bill includes a provision requiring notification
of the Committees on Appropriations 3 full business days before
any grant allocation, discretionary grant award, discretionary contract award, including Federal Acquisition Regulation-covered contracts, letter of intent, Other Transaction Agreement, totaling in
excess of $1,000,000, or public announcement of the intention to
make such an award. Additionally, the Federal Emergency Management Agency [FEMA] is required to brief the Committees on
Appropriations 5 full business days prior to announcing publicly
the intention to make an award of State Homeland Security grants,
Urban Area Security Initiative grants, or Regional Catastrophic
Preparedness Grants.
Section 508. The bill includes a provision that no agency shall
purchase, construct, or lease additional facilities for Federal law
enforcement training without the advance approval of the Committees on Appropriations.
Section 509. The bill includes a provision that none of the funds
may be used for any construction, repair, alteration, or acquisition
project for which a prospectus, if required under chapter 33 of title
40, United States Code, has not been approved. The bill excludes
funds that may be required for development of a proposed prospectus.

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Section 510. The bill includes a provision that consolidates, continues, and modifies by reference prior year statutory bill language
into one provision. These provisions concern reporting requirements of the privacy officer, contracting officers’ training, Federal
building energy performance, and fleet and transportation efficiency.
Section 511. The bill includes a provision that none of the funds
may be used in contravention of the Buy American Act.
Section 512. The bill includes a provision to prohibit the obligation of funds for the deployment or implementation of the Secure
Flight program, or any other follow-on or successor passenger
screening program, that utilizes or tests algorithms assigning risk
to passengers not on Government watchlists or for a commercial
database that is obtained from or remains under the control of a
non-Federal entity, excluding Passenger Name Record data obtained from air carriers.
Section 513. The bill includes a provision 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).
Section 514. The bill includes a provision regarding competitive
sourcing for United States Citizenship and Immigration Services.
Section 515. The bill includes a provision that requires 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 (Public
Law 110–53), increases incrementally each quarter. TSA is required to report air cargo inspection statistics detailing how incremental progress is being made to the Committees on Appropriations within 45 days of the end of each quarter of the fiscal year.
Incremental progress shall continue until 100 percent screening is
achieved, as required by the 9/11 Act.
Section 516. The bill includes a provision directing that any
funds appropriated or transferred to TSA ‘‘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 procurement and installation
of explosives detection systems, for air cargo, baggage, and checkpoint screening systems, subject to notification. Quarterly reports
must be submitted identifying any funds that are recovered or
deobligated.
Section 517. The bill includes a provision requiring any funds appropriated to the 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 bill includes a provision that prohibits obligation of funds provided in this act to commence operations of the
National Applications Office or the National Immigration Information Sharing Operation until the Secretary certifies that these programs comply with all existing laws and that certification is reviewed by GAO.
Section 519. The bill includes a provision requiring the Chief Financial Officer to submit monthly budget execution and staffing reports within 45 days after the close of each month. These reports
are to include the number of contract employees by office.

131
Section 520. The bill includes a provision relating to undercover
investigative operations authority of the Secret Service.
Section 521. The bill includes a provision classifying the functions of instructor staff at FLETC as inherently governmental for
purposes of the Federal Activities Inventory Reform Act of 1998.
Section 522. The bill includes a provision prohibiting funds for
the development, testing, deployment, or operation of any portion
of a human resources management system authorized by 5 U.S.C.
9701(a), or by regulations prescribed pursuant to 5 U.S.C. 9701(a),
for an ‘‘employee’’ as defined in 5 U.S.C. 7103(a)(2).
Section 523. The bill includes a provision regarding the enforcement of section 4025(1) of Public Law 108–458 regarding butane
lighters.
Section 524. The bill includes a provision permitting funds for
the alteration of 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 no
funds can 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.
Section 525. The bill includes a provision prohibiting the obligation of funds to the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, and the
Office of the Chief Financial Officer for grants or contracts awarded
by any means other than full and open competition. This provision
does not require new competitions of existing contracts during their
current terms. The bill also requires the Inspector General to review Departmental contracts awarded noncompetitively and report
on the results to the Committees.
Section 526. The bill includes a provision prohibiting funding to
grant an immigration benefit to any individual unless the results
of background checks required in statute to be completed prior to
the grant of benefit have been received by DHS.
Section 527. The bill includes a provision 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 bill includes a provision that precludes the Department from using funds in this act to carry out section 872 of
the Homeland Security Act (Public Law 107–296) during fiscal year
2010. Section 872 provides the Secretary with extraordinary authority to reorganize functions and organizational units of the Department without congressional approval. Since the creation of the
Department in March 2003, the Secretary exercised section 872 authority nine times. The Committee believes continuous reorganizations impede the ability of the Department to operate effectively
and contributes to low morale. This prohibition is not intended to
prevent the Department from carrying out routine or small reallocations of personnel or functions within components of the Department, subject to section 503 of this act.
Section 529. The bill includes a provision regarding the use of
Data Center One (National Center for Critical Information Processing and Storage).

132
Section 530. The bill includes a provision that prohibits funds
from being used to reduce the Coast Guard’s Operations Systems
Center mission or its Government-employed or contract staff.
Section 531. The bill includes a provision 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 532. The bill includes a provision that requires the Secretary to link all contracts that provide award fees to successful acquisition outcomes.
Section 533. The bill includes a provision prohibiting the obligation of funds for the Office of Secretary and Executive Management
for any new hires by DHS that are not verified through the basic
pilot program of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
Section 534. The bill includes a provision contained in Public
Laws 109–295, 110–161, and 110–329 related to prescription drugs.
Section 535. The bill includes a provision prohibiting funds from
being used to implement a 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 Federal Register 3984 (January 27, 2005).
Section 536. The bill includes a provision extending the Department’s other transactional authority through fiscal year 2010.
Section 537. None of the funds made available in this act may
be used for planning, testing, piloting, or developing a national
identification card.
Section 538. The bill includes a provision requiring FEMA to report on damage assessment information used to determine if a disaster should be declared and requiring this report to be placed on
FEMA’s website unless it compromises national security.
Section 539. The bill includes a provision authorizing the liquidation of Plum Island, New York, and allowing the proceeds of the
sale to be used to offset the costs of the National Bio and Agro-defense Facility [NBAF] and certain expenses related to the sale. Any
excess funds available following the completion of NBAF are available to offset costs for the new Department of Homeland Security
headquarters.
Section 540. The bill includes a provision 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 541. The bill includes a provision requiring the Secretary
of Homeland Security, in conjunction with the Secretary of Treasury, to notify the Committees on proposed transfers of surplus balances from the Department of the Treasury Forfeiture Fund to any
agency within the Department of Homeland Security.
Section 542. The bill includes a provision directing the Secretary
to consult with the Secretaries of Defense and Transportation on
a concept of operations for unmanned aerial systems operating in
the U.S. national airspace system.
Section 543. The bill includes a provision requiring the assistant
Secretary of Homeland Security [TSA] to certify that no security

133
risks will result if any airport does not participate in the Basic
Pilot Program.
Section 544. The bill includes a provision that provides the Secretary of Homeland Security, for fiscal year 2010 and thereafter,
with authority to give DHS personnel the same allowances and
benefits that other executive branch personnel receive when assigned abroad.
Section 545. The bill includes a provision amending the Consolidated Security, Disaster Assistance and Continuing Appropriations
Act, 2009 (Public Law 110–329; 122 Stat. 3580 et seq.), as amended
by section 101 of division J of Public Law 111–8, to extend for 3
years the authorization for the Basic Pilot Program known as EVerify, and the EB–5 Immigrant Investor Pilot Program.
Section 546. The bill includes a provision permitting the Secretary to dispose of ICE-owned detention facilities and to retain the
funds for other ICE detention-related activities.
Section 547. The bill includes a provision that amends the Department of Homeland Security Appropriations Act, 2007 (Public
Law 109–295) to extend the Department’s chemical security regulatory authorities for 1 year.
Section 548. The bill includes a provision that allows the Secretary of Homeland Security to retain conference fees and deposit
those fees back into the appropriation responsible for the activity.
The Secretary is required to report to the Committees on Appropriations on the use of this new authority.
Section 549. The bill includes a provision regarding the definition
of the term ‘‘rural’’.
Section 550. The bill includes a provision rescinding $5,000,000
from unobligated balances of prior year appropriations made available for ‘‘Analysis and Operations’’.
Section 551. The bill includes a provision rescinding $7,000,000
in unobligated prior year balances for U.S. Immigration and Customs Enforcement, ‘‘Construction’’.
Section 552. The bill includes a provision rescinding $8,000,000
from unobligated balances of prior year appropriations made available for National Protection and Programs Directorate ‘‘Infrastructure Protection and Information Security’’.
Section 553. The bill includes a provision rescinding $7,500,000
from unobligated balances of prior year appropriations made available for Science and Technology ‘‘Research, Development, Acquisition, and Operations’’.
Section 554. The bill includes a provision rescinding $8,000,000
from unobligated balances of prior year appropriations made available for Domestic Nuclear Detection Office ‘‘Research, Development, and Operations’’.
Section 555. The bill includes a provision requiring certain certifications by the Commandant of the Coast Guard prior to the termination of the loran-C signal. The bill also provides authority for
the sale of real and personal property associated with the loran
system.

PROGRAM, PROJECT, AND ACTIVITY
The following information provides the definition of the term
‘‘program, project, and activity’’ for the components of the Department of Homeland Security under the jurisdiction of the Homeland
Security Subcommittee of the Committee on Appropriations. The
term ‘‘program, project, and activity’’ shall include the most specific
level of budget items identified in the Department of Homeland Security Appropriations Act, 2010, the House and Senate Committee
reports, and the conference report and accompanying joint explanatory statement of the managers of the committee of conference.
If a percentage reduction is necessary, in implementing that reduction, components of the Department of Homeland Security shall
apply any percentage reduction required for fiscal year 2010 to all
items specified in the justifications submitted to the Committees on
Appropriations of the Senate and the House of Representatives in
support of the fiscal year 2010 budget estimates, as amended, for
such components, as modified by congressional action.

(134)

COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE
STANDING RULES OF THE SENATE
Paragraph 7 of rule XVI requires that Committee reports accompanying general appropriations bills identify each recommended
amendment which proposes an item of appropriation which is not
made to carry out the provisions of an existing law, a treaty stipulation, or an act or resolution previously passed by the Senate during that session.
The Committee is filing an original bill, which is not covered
under this rule, but reports this information in the spirit of full disclosure.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal year 2009:
Office of the Secretary and Executive Management;
Office of the Under Secretary for Management;
Office of the Chief Financial Officer;
Office of the Chief Information Officer;
Analysis and Operations;
Office of the Federal Coordinator for Gulf Coast Rebuilding;
Office of Inspector General;
U.S. Customs and Border Protection: Salaries and Expenses; Automation Modernization; Border Security Fencing, Infrastructure,
and Technology; Air and Marine Interdiction, Operations, Maintenance, and Procurement; and Construction and Facilities Management;
U.S. Immigration and Customs Enforcement: Salaries and Expenses; and Automation Modernization;
Transportation Security Administration: Transportation Threat
Assessment and Credentialing; and Transportation Security Support;
United States Coast Guard: Operating Expenses; Environmental
Compliance and Restoration; Reserve Training; Acquisition, Construction, and Improvements; Alteration of Bridges; Research, Development, Test, and Evaluation; and Retired Pay;
United States Secret Service: Salaries and Expenses; and Acquisition, Construction, Improvements, and Related Expenses;
National Protection and Programs Directorate: Management and
Administration; Infrastructure Protection and Information Security; U.S. Visitor and Immigrant Status Indicator Technology and
Federal Protective Service;
Office of Health Affairs;
Federal Emergency Management Agency: Management and Administration; State and Local Programs; Disaster Relief; Flood Map
Modernization Fund; Emergency Food and Shelter; Assistance to
Firefighter Grants; National Predisaster Mitigation Fund; and National Flood Insurance Fund;
United States Citizenship and Immigration Services;
(135)

136
Federal Law Enforcement Training Center: Salaries and Expenses; and Acquisition, Construction, Improvements, and Related
Expenses;
Science and Technology: Management and Administration; and
Research, Development, Acquisition, and Operations.
Domestic Nuclear Detection Office: Management and Administration; Research, Development, and Operations; and Systems Acquisition.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE
STANDING RULES OF THE SENATE
Pursuant to paragraph 7(c) of rule XXVI, on June 18, 2009, the
Committee ordered reported en bloc an original bill (S. 1298) making appropriations for the Department of Homeland Security for
the fiscal year ending September 30, 2009, and an original bill (S.
1294) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2009, with each subject to amendment and subject to the budget allocations, and authorized the
chairman of the committee or the chairman of the subcommittee to
offer the text of the Senate-reported bill as a committee amendment in the nature of a substitute to the House companion measure, by a recorded vote of 30–0, a quorum being present. The vote
was as follows:
Yeas

Chairman Inouye
Mr. Byrd
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Pryor
Mr. Tester
Mr. Specter
Mr. Cochran
Mr. Bond
Mr. McConnell
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mrs. Hutchison
Mr. Brownback
Mr. Alexander
Ms. Collins

Nays

137
Mr. Voinovich
Ms. Murkowski
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE
STANDING RULES OF THE SENATE
Paragraph 12 of rule XXVI requires that Committee reports on
a bill or joint resolution repealing or amending any statute or part
of any statute include ‘‘(a) the text of the statute or part thereof
which is proposed to be repealed; and (b) a comparative print of
that part of the bill or joint resolution making the amendment and
of the statute or part thereof proposed to be amended, showing by
stricken-through type and italics, parallel columns, or other appropriate typographical devices the omissions and insertions which
would be made by the bill or joint resolution if enacted in the form
recommended by the committee.’’
In compliance with this rule, the following changes in existing
law proposed to be made by the bill are shown as follows: existing
law to be omitted is enclosed in black brackets; new matter is
printed in italics; and existing law in which no change is proposed
is shown in roman.
SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER
RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES, 2002, PUBLIC LAW
107–206
TITLE I—SUPPLEMENTAL APPROPRIATIONS
CHAPTER 12
INDEPENDENT AGENCIES
GENERAL PROVISIONS—THIS CHAPTER
*
*
*
*
*
*
*
SEC. 1202. (a) The Federal Law Enforcement Training Center
may, for a period ending not later than øDecember 31, 2011¿ December 31, 2012, appoint and maintain a cadre of up to 250 Federal
annuitants: (1) without regard to any provision of title 5, United
States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any
reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title
5 or similar provision of any other retirement system for employees. A reemployed Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during
which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, or such other retirement system (referred to
in paragraph (2)) as may apply.

138
DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2007, PUBLIC LAW 109–295
TITLE V
GENERAL PROVISIONS
SEC. 501. * * *
*
*
*
*
*
*
*
SEC. 532. (a) UNITED STATES SECRET SERVICE USE OF PROCEEDS DERIVED FROM CRIMINAL INVESTIGATIONS.—During fiscal
year ø2009¿ 2010, with respect to any undercover investigative operation of the United States Secret Service (hereafter referred to in
this section as the ‘‘Secret Service’’) that is necessary for the detection and prosecution of crimes against the United States—
*
*
*
SEC. 550. (a) * * *

*

*

*

*

*
*
*
*
*
*
*
(b) Interim regulations issued under this section shall apply
until the effective date of interim or final regulations promulgated
under other laws that establish requirements and standards referred to in subsection (a) and expressly supersede this section:
Provided, That the authority provided by this section shall terminate øthree years after the date of enactment of this Act¿ October
4, 2010.
OMNIBUS APPROPRIATIONS ACT, 2009, PUBLIC LAW 111–
8
DIVISION J—FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND SECURITY AND OTHER MATTERS
DEPARTMENT OF HOMELAND SECURITY
GENERAL PROVISIONS—THIS DIVISION
SEC. 101. Sections 143, 144, and 145 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110–329; 122 Stat. 3580 et seq.) are
each amended by striking ‘‘the date specified in section 106(3) of
this joint resolution’’ and inserting ø‘‘September 30, 2009’’¿ September 30, 2012.

139
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC.
308(a), PUBLIC LAW 93–344, AS AMENDED
[In millions of dollars]
Budget authority
Committee
allocation

Comparison of amounts in the bill with Committee allocations
to its subcommittees in the Budget Resolution for 2010:
Subcommittee on Homeland Security:
Mandatory ............................................................................
Discretionary ........................................................................
Projection of outlays associated with the recommendation:
2010 .....................................................................................
2011 .....................................................................................
2012 .....................................................................................
2013 .....................................................................................
2014 and future years ........................................................
Financial assistance to State and local governments for
2010 .........................................................................................

Outlays

Amount
of bill

Committee
allocation

Amount
of bill

1 1,262

1,265
42,685

1,265
42,927

1,262
46,509

....................
....................
....................
....................
....................

....................
....................
....................
....................
....................

....................
....................
....................
....................
....................

2 26,687

NA

4,779

NA

461

1 46,613

8,416
5,133
1,871
1,204

1 Includes

outlays from prior-year budget authority.
2 Excludes outlays from prior-year budget authority.
NA: Not applicable.
NOTE.—Consistent with the funding recommended in the bill for ‘‘overseas deployments and other activities’’ and in accordance with section 401(c)(4) of Senate Concurrent Resolution 13 (111th Congress), the Committee anticipates that the Budget Committee will file a revised
section 302(a) allocation for the Committee on Appropriations reflecting an upward adjustment of $242,000,000 in budget authority plus associated outlays.

DISCLOSURE OF CONGRESSIONALLY DIRECTED SPENDING
ITEMS
The Constitution vests in the Congress the power of the purse.
The Committee believes strongly that Congress should make the
decisions on how to allocate the people’s money.
As defined in Rule XLIV of the Standing Rules of the Senate, the
term ‘‘congressionally directed spending item’’ means a provision or
report language included primarily at the request of a Senator, providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority,
or other expenditure with or to an entity, or targeted to a specific
State, locality or Congressional district, other than through a statutory or administrative, formula-driven, or competitive award process.
For each item, a Member is required to provide a certification
that neither the Member nor the Senator’s immediate family has
a pecuniary interest in such congressionally directed spending
item. Such certifications are available to the public on the website
of
the
Senate
Committee
on
Appropriations
(www.appropriations.senate.gov/senators.cfm).
Following is a list of congressionally directed spending items included in the Senate recommendation discussed in this report,
along with the name of each Senator who submitted a request to
the Committee of jurisdiction for each item so identified. Neither
the Committee recommendation nor this report contains any limited tax benefits or limited tariff benefits as defined in rule XLIV.

State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................
State and Local Programs .....................................................

FEMA .....................................

FEMA .....................................
FEMA .....................................

FEMA .....................................

FEMA .....................................

FEMA .....................................

FEMA .....................................

FEMA .....................................

FEMA .....................................

FEMA .....................................

FEMA .....................................

FEMA .....................................

FEMA .....................................

Advanced Training Center, WV ..............................................
Coast Guard Station Cleveland Harbor, OH ..........................
Coast Guard Academy Pier, CT .............................................
Operations Systems Center, WV ............................................
Fort Madison, IA .....................................................................
National Infrastructure Simulation and Analysis Center,
NM.
Ohio Emergency Management Agency Emergency Operations Center, Columbus, OH.
City of Ames Emergency Operations Center, Ames, IA .........
City of Mount Vernon Emergency Operations Center, Mount
Vernon, NY.
City of Whitefish Emergency Operations Center, Whitefish,
MT.
City of Chicago Emergency Operations Center, Chicago,
IL.
City of Hackensack Emergency Operations Center, Hackensack, NJ.
County of Union Emergency Operations Center, Union
County, NJ.
Township of South Orange Village Emergency Operations
Center, South Orange, NJ.
Lincoln County Emergency Operations Center, Lincoln
County, WA.
City of Providence Emergency Operations Center, Providence, RI.
North Louisiana Regional Emergency Operations Center,
Lincoln Parish, LA.
City of North Little Rock Emergency Operations Center,
North Little Rock, AR.
National Domestic Preparedness Consortium, CO, HI, NV,
TX, NM, LA.

CONGRESSIONALLY DIRECTED SPENDING ITEMS
Construction and Facilities Management ..............................
Acquisition, Construction, and Improvements .......................
Acquisition, Construction, and Improvements .......................
Operating Expenses ...............................................................
Alteration of Bridges ..............................................................
Infrastructure Protection and Information Security ...............

CBP .......................................
CG .........................................
CG .........................................
CG .........................................
CG .........................................
NPPD .....................................

Project

DEPARTMENT OF HOMELAND SECURITY
Account

Agency

$50,500,000

$900,000

$980,000

$980,000

$1,000,000

$247,000

$353,000

$300,000

$1,000,000

$900,000

$600,000
$1,000,000

$1,500,000

$39,700,000
$16,800,000
$300,000
$3,600,000
$4,000,000
$4,000,000

Amount

Senators Mark Pryor, Blanche Lincoln
Senators Daniel Inouye, Harry Reid,
Mary Landrieu, Jeff Bingaman,
Tom Udall, Michael Bennet, John
Cornyn, Kay Bailey Hutchison

Senator Mary Landrieu

Senator Jack Reed

Senators Frank Lautenberg, Robert
Menendez
Senators Frank Lautenberg, Robert
Menendez
Senators Frank Lautenberg, Robert
Menendez
Senator Patty Murray

Senator Richard Durbin

Senator Tom Harkin
Senators Charles Schumer, Kristen
Gillibrand
Senator Jon Tester

Senator George Voinovich

Senator Robert Byrd
Senator George Voinovich
Senator Christopher Dodd
Senator Robert Byrd
Senator Tom Harkin
Senators Jeff Bingaman, Tom Udall

Requester(s)

140

Research, Development, Acquisition, and Operations ...........
Research, Development, Acquisition, and Operations ...........

S&T .......................................
S&T .......................................

Counterterrorism and Cybercrime Center, Norwich, VT .........
Distributed Environment for Critical Infrastructure Decisionmaking Exercises, Multiple Locations.
Cincinnati Urban Area partnership, OH ................................
Southeast Region Research Initiative, TN .............................

State and Local Programs .....................................................
State and Local Programs .....................................................
Research, Development, Acquisition, and Operations ...........
Research, Development, Acquisition, and Operations ...........
Research, Development, Acquisition, and Operations ...........
Infrastructure Protection and Information Security ...............

FEMA .....................................

FEMA .....................................

S&T .......................................
S&T .......................................

S&T .......................................
NPPD .....................................

Naval Postgraduate School, CA .............................................
Physical Science Facility, Pacific Northwest National Laboratory, WA.
Transportation Security Laboratory, NJ ..................................
National Infrastructure Simulation and Analysis Center,
NM.

Project Seahawk, SC ..............................................................
Shore and Operational Support projects, various locations.
National Domestic Preparedness Consortium, CO, HI, NV,
TX, NM, LA.
Center for Domestic Preparedness, AL ..................................

$5,000,000
$16,000,000

$2,000,000
$12,000,000

$62,500,000

$51,500,000

$1,088,000
$10,000,000

$2,000,000
$20,865,000

$1,700,000
$3,000,000

The President
The President

The President, Senator Richard
Shelby
The President
The President, Senator Patty Murray

The President

The President
The President

Senator Patrick Leahy
Senators Patrick Leahy, Robert
Bennett
Senator George Voinovich
Senators Thad Cochran, Roger
Wicker

Office of the Secretary and Executive Management:
Immediate Office of the Secretary ....................................................................................................................
Immediate Office of the Deputy Secretary ........................................................................................................
Chief of Staff ....................................................................................................................................................
Office of Counternarcotics Enforcement ...........................................................................................................

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS

DEPARTMENT OF HOMELAND SECURITY

Item

3,140
1,400
2,693
3,718

2009 appropriation

[In thousands of dollars]

5,061
1,810
2,595
3,912

Budget estimate

5,061
1,810
2,595
3,718

Committee
recommendation

∂1,921
∂410
¥98
............................

2009 appropriation

............................
............................
............................
¥194

Budget estimate

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010

Operating Expenses ...............................................................
Acquisition, Construction, and Improvements .......................

CG .........................................
CG .........................................

PRESIDENTIALLY REQUESTED SPENDING ITEMS

State and Local Programs .....................................................
Research, Development, Acquisition, and Operations ...........

FEMA .....................................
S&T .......................................

141

2,864
............................
2,864

2,654
200,000
202,654
60,882
39,003
28,827
10,000
38,827
44,427
6,000
............................

Subtotal, Under Secretary for Management ........................................................................................

Office of Security ...............................................................................................................................................
Office of the Chief Procurement Officer ...........................................................................................................

Office of the Chief Human Capital Officer:
Salaries and expenses .............................................................................................................................
Human resources ......................................................................................................................................

Subtotal, Office of the Chief Human Capital Officer .........................................................................

Office of the Chief Administrative Officer:
Salaries and expenses .............................................................................................................................
Nebraska Avenue Complex (NAC) .............................................................................................................
DHS headquarters consolidation ..............................................................................................................

43,491
6,000
75,000

44,404

34,404
10,000

95,193
71,038

160,760

123,456

Total, Office of the Secretary and Executive Management ..........................................................................

Office of the Under Secretary for Management:
Under Secretary for Management .....................................................................................................................
Emergency appropriations (Public Law 111–5) .......................................................................................

Budget estimate

8,344
61,564
6,539
7,097
2,800
24,028
22,104
6,935
7,971

2009 appropriation

7,448
43,263
5,991
4,997
............................
20,114
17,417
6,471
6,804

Executive Secretary ............................................................................................................................................
Office of Policy ..................................................................................................................................................
Office of Public Affairs .....................................................................................................................................
Office of Legislative Affairs ..............................................................................................................................
Office of Intergovernmental Affairs ..................................................................................................................
Office of General Counsel .................................................................................................................................
Office of Civil Rights and Civil Liberties .........................................................................................................
Citizenship and Immigration Services Ombudsman .........................................................................................
Privacy Officer ...................................................................................................................................................

Item

[In thousands of dollars]

43,491
5,000
50,000

43,604

33,604
10,000

92,693
70,038

2,864

2,864
............................

149,268

8,344
51,564
5,991
6,797
2,600
24,028
22,104
6,685
7,971

Committee
recommendation

............................
¥1,000
¥25,000

¥800

∂4,777
¥936
¥1,000
∂50,000

¥800
............................

¥2,500
¥1,000

∂31,811
∂31,035
∂4,777
............................

............................

¥199,790

¥11,492

∂25,812

............................
............................

............................
¥10,000
¥548
¥300
¥200
............................
............................
¥250
............................

∂896
∂8,301
............................
∂1,800
∂2,600
∂3,914
∂4,687
∂214
∂1,167

∂210
¥200,000

Budget estimate

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

142

1,900

98,513
5,000
(16,000)
119,513
(98,513)
(5,000)
(16,000)
1,291,439
(1,070,439)
(205,000)
(16,000)

Office of Inspector General ........................................................................................................................................
Emergency appropriations (Public Law 111–5) ................................................................................................
Transfer from Disaster Relief ............................................................................................................................

Subtotal, Office of Inspector General (including transfers) ........................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................
by transfer ...........................................................................................................................................

Total, title I, Departmental Management and Operations (including transfers) ........................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................
by transfer ...........................................................................................................................................

Salaries and expenses:
Headquarters, Management, and Administration:
Management and administration, border security inspections and trade facilitation ...........................

U.S. Customs and Border Protection

TITLE II—SECURITY, ENFORCEMENT, AND INVESTIGATIONS

646,608

1,170,026

Total, Departmental Operations ....................................................................................................................

Office of the Federal Coordinator for Gulf Coast Rebuilding ....................................................................................
Office of Inspector General

272,169

86,928
44,945
92,623
47,673

Office of the Chief Information Officer:
Salaries and expenses ......................................................................................................................................
Information technology services ........................................................................................................................
Security activities ..............................................................................................................................................
Homeland Secure Data Network (HSDN) ...........................................................................................................

327,373

55,235

Office of the Chief Financial Officer .........................................................................................................................

Subtotal, Office of the Chief Information Officer ........................................................................................

391,793

Total, Office of the Under Secretary for Management ........................................................................

Analysis and Operations ............................................................................................................................................

50,427

Subtotal, Office of the Chief Administrative Officer ...........................................................................

522,825

1,389,892
(1,389,892)
............................
............................

127,874
(127,874)
............................
............................

127,874
............................
............................

2,000

1,260,018

357,345

338,393

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

65,530

337,990

124,491

695,294

1,340,600
(1,324,600)
............................
(16,000)

131,874
(115,874)
............................
(16,000)

115,874
............................
(16,000)

2,000

1,206,726

347,845

338,393

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

63,530

307,690

98,491

∂4,000
(¥12,000)
............................
(∂16,000)
¥49,292
(¥65,292)
............................
(∂16,000)

∂12,361
(∂17,361)
(¥5,000)
............................
∂49,161
(∂254,161)
(¥205,000)
............................

∂172,469

¥12,000
............................
(∂16,000)

∂17,361
¥5,000
............................

∂48,686

¥53,292
............................

∂100

¥9,500

∂20,472
∂36,700

............................

∂66,224

¥2,000

∂8,295

............................
............................
............................
............................

¥30,300

¥84,103

¥16
∂6,472
∂59,780
¥12

¥26,000

∂48,064

143

2,255,210
3,226
165,421
11,181
62,612
11,274
143,563
............................
143,563
32,560
26,355
24,778
2,736,180
3,505,008
51,751
3,556,759

2,093,988
3,154
149,450
10,984
64,496
11,274
145,944
160,000
305,944
32,550
24,481
24,778
2,721,099
3,426,455
74,815
3,501,270
271,679
7,763,206
(7,600,052)
(160,000)

Border security inspections and tradefacilitation:
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 (C–TPAT) ........................................................................
Trusted Traveler programs .......................................................................................................................
Inspection and detection technology investments ...................................................................................
Emergency appropriations (Public Law 111–5) ..............................................................................

Subtotal .......................................................................................................................................

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 ....................................................................................................................................................

Subtotal, Border security and control between ports of entry ............................................................

Air and Marine Operations ................................................................................................................................

Subtotal, Salaries and expenses ..................................................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................

497,675

7,623,068
(7,619,842)
............................

309,629

1,020,500

622,550
1,269,158

Budget estimate

Subtotal, Headquarters, Mgt & Admin ................................................................................................

2009 appropriation

Management and administration, border security, and control between ports of entry ........................

Item

[In thousands of dollars]

8,075,649
(8,072,423)
............................

309,629

3,576,759

3,525,008
51,751

2,770,048

32,560
26,355
24,778

163,563

2,269,078
3,226
165,421
11,181
62,612
11,274
163,563
............................

1,419,213

723,919

Committee
recommendation

∂398,713

∂150,055

∂48,949

∂20,000
............................
∂452,581
(∂452,581)
............................

∂75,489
∂37,950
∂312,443
(∂472,371)
(¥160,000)

∂20,000
............................

∂33,868

∂10
∂1,874
............................

∂98,553
¥23,064

∂20,000
............................
............................
............................

¥142,381

∂13,868
............................
............................
............................
............................
............................
∂20,000
............................

∂226,244

∂101,369

∂175,090
∂72
∂15,971
∂197
¥1,884
............................
∂17,619
¥160,000

Budget estimate

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

144

374,217
131,609
505,826

678,633
10,049,424

511,334
505,000
150,000
120,000
100,000
875,000
(775,000)
(100,000)
380,022
147,978
528,000
403,201
............................
............................
420,000
823,201
10,500,741
(570,059)
(3,331)
(26,880)
(410,666)
(333,433)
(96,719)
(7,057)

Subtotal, Automation modernization ............................................................................................................

Border security fencing, infrastructure, and technology (BSFIT):
Development and deployment ...........................................................................................................................
Operation and maintenance ..............................................................................................................................
Program management .......................................................................................................................................
Emergency appropriations .................................................................................................................................

Subtotal, BSFIT .............................................................................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................

Air and Marine Interdiction, Operations, Maintenance, and Procurement:
Operations and maintenance ............................................................................................................................
Procurement .......................................................................................................................................................

Subtotal, Air and marine interdiction, operations, maintenance, and procurement ...................................

Construction and Facilities management:
Facility construction and sustainment .............................................................................................................
Rent ...................................................................................................................................................................
Program oversight and management ...............................................................................................................
Emergency appropriations .................................................................................................................................

Subtotal, Construction and Facilities management .....................................................................................

Total, Direct appropriations for U.S. Customs and Border Protection .........................................................

Fee accounts:
Immigration inspection user fee .......................................................................................................................
Immigration enforcement fines .........................................................................................................................
Land border inspection fee ...............................................................................................................................
COBRA passenger inspection fee ......................................................................................................................
APHIS inspection fee .........................................................................................................................................
Puerto Rico collections ......................................................................................................................................
Small airport user fees .....................................................................................................................................

(584,000)
(5,000)
(30,000)
(393,000)
(320,000)
(92,000)
(8,000)

239,357
402,263
37,013
............................

779,452
(779,452)
............................

494,000
200,000
85,452
............................

462,445

267,960
194,485

316,851
194,483

(3,226)

(3,154)

Harbor maintenance trust fund ...........................................................................................................

Automation modernization:
Automated commercial environment/International Trade Data System (ITDS) ................................................
Critical operations protection and processing support (COPPS) ......................................................................

(584,000)
(5,000)
(30,000)
(393,000)
(320,000)
(92,000)
(8,000)

10,169,990

316,070

279,057
............................
37,013
............................

515,826

374,217
141,609

800,000
(800,000)
............................

514,548
200,000
85,452
............................

462,445

267,960
194,485

(3,226)

∂120,566

¥330,751

............................
............................
............................
............................
............................
............................
............................

¥362,563

¥507,131

(∂13,941)
(∂1,669)
(∂3,120)
(¥17,666)
(¥13,433)
(¥4,719)
(∂943)

∂39,700
¥402,263
............................
............................

∂10,000

¥12,174
¥124,144
............................
∂37,013
¥420,000

............................
∂10,000

∂20,548
(∂20,548)
............................

¥75,000
(∂25,000)
(¥100,000)
¥5,805
¥6,369

∂20,548
............................
............................
............................

............................

¥48,889
∂9,548
∂50,000
¥34,548
¥100,000

............................
............................

............................

¥48,891
∂2

(∂72)

145

321,850
243,264
565,114

203,076
169,348
372,424
215,035
1,519,208
106,741
26,800
133,541
1,652,749
55,789
1,721,268
226,477

Subtotal, Headquarters management and administration .................................................................

Legal proceedings .............................................................................................................................................

Investigations:
Domestic ...................................................................................................................................................

International investigations:
International operations ..................................................................................................................
Visa security program .....................................................................................................................

Subtotal, International investigations ........................................................................................

Subtotal, Investigations ..............................................................................................................

Intelligence ........................................................................................................................................................

Detention and removal operations:
Custody Operations ..................................................................................................................................
Fugitive operations ...................................................................................................................................

U.S. Immigration and Customs Enforcement

Salaries and expenses:
Headquarters Management and Administration (non-detention and removal operations):
Personnel compensation and benefits, service, and other costs ............................................................
Headquarters managed IT investment .....................................................................................................

1,771,168
229,682

67,842

1,758,609

143,058

112,872
30,186

1,615,551

221,666

(11,481,424)
(10,049,424)
............................
(1,432,000)

(11,948,886)
(9,820,741)
(680,000)
(1,448,145)

Total, U.S. Customs and Border Protection ..................................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................
(Fee accounts) .....................................................................................................................................

(1,432,000)

Budget estimate

(1,448,145)

2009 appropriation

Subtotal, fee accounts ..................................................................................................................................

Item

[In thousands of dollars]

1,771,168
229,682

71,842

1,809,609

143,058

112,872
30,186

1,666,551

221,666

522,214

288,950
233,264

(11,601,990)
(10,169,990)
............................
(1,432,000)

(1,432,000)

Committee
recommendation

∂6,631

∂51,000
∂4,000

∂156,860
∂16,053

............................
............................

............................

∂9,517

∂49,900
∂3,205

............................
............................

∂6,131
∂3,386

∂51,000

¥42,900
............................

∂149,790

∂147,343

¥32,900
¥10,000

(∂120,566)
(∂120,566)
............................
............................

............................

Budget estimate

∂85,874
∂63,916

(¥346,896)
(∂349,249)
(¥680,000)
(¥16,145)

(¥16,145)

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

146

5,348,000

4,927,210
213,673
426,327

Subtotal, Salaries and expenses .........................................................................................................

Federal Protective Service:
Basic security ....................................................................................................................................................
Building specific security (including capital equipment replacement/acquisition) ........................................

(119,000)
(60,000)
(120,000)

(5,308,210)
(4,989,210)
(20,000)
(299,000)

5,009,210

Total, Direct appropriations for U.S. Immigration Customs Enforcement ...................................................

Fee accounts:
Immigration inspection user fee .......................................................................................................................
Breached bond/detention fund ..........................................................................................................................
Student exchange and visitor fee .....................................................................................................................

Total, U.S. Immigration and Customs Enforcement .....................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................
Fee accounts ........................................................................................................................................

5,000

(299,000)

5,458,000

77,000

Subtotal, Automation modernization ............................................................................................................

Construction ...............................................................................................................................................................

(5,948,210)
(¥640,000)

............................

57,000
20,000

Automation modernization ..........................................................................................................................................
Emergency appropriations (Public Law 111–5) ................................................................................................

Subtotal, U.S. Immigration and Customs Enforcement (gross) ...................................................................
Offsetting fee collections .....................................................................................................................

............................

(5,762,800)
(5,458,000)
............................
(304,800)

(5,762,800)
............................

(304,800)

(109,800)
(75,000)
(120,000)

110,000

110,000
............................

............................

640,000
¥640,000

Subtotal, Federal Protective Service .............................................................................................................

Offsetting fee collections ..................................................................................................................................

Subtotal, fee accounts ..................................................................................................................................

5,360,100

195,589

(5,749,900)
(5,445,100)
............................
(304,800)

(5,749,900)
............................

(304,800)

(109,800)
(75,000)
(120,000)

5,445,100

............................

85,000

85,000
............................

............................

............................

195,589

150,000

2,539,180

............................
............................

2,539,180

2,481,213

Subtotal, Detention and removal operations .......................................................................................

Comprehensive identification and removal of criminal aliens:
Criminal aliens .........................................................................................................................................

192,539
63,913
281,878

............................
............................

192,539
63,913
281,878

189,069
63,000
281,399

Criminal Alien program ............................................................................................................................
Alternatives to detention ..........................................................................................................................
Transportation and removal program ......................................................................................................

(∂5,800)

(∂441,690)
(∂455,890)
(¥20,000)
(∂5,800)

(¥198,310)
(∂640,000)

(¥12,900)
(¥12,900)
............................
............................

(¥12,900)
............................

............................

............................
............................
............................

¥12,900

∂435,890
(¥9,200)
(∂15,000)
............................

¥25,000
............................

∂8,000
¥5,000

¥25,000
............................

∂28,000
¥20,000

............................
............................

¥640,000
∂640,000

............................
............................

∂12,100

∂432,890
¥213,673
¥426,327

............................

............................

∂57,967
∂45,589

............................
............................
............................

∂3,470
∂913
∂479

147

1,204,697
4,475,117
254,064
448,424
25,127
108,118
............................
835,733

197,318
250,000
1,000,000
294,000
305,625
21,481
621,106
4,935,710
245,268
401,666
25,025
122,849
4,000
798,808
20,000

Explosives Detection Systems [EDS]/Explosive Trace Detection [ETD]:
EDS procurement and installation ..................................................................................................
Screening technology maintenance and utilities ............................................................................
Operation integration ......................................................................................................................

Subtotal, EDS/ETD Systems ........................................................................................................

Subtotal, Screening operations ...................................................................................................

Aviation security direction and enforcement:
Aviation regulation and other enforcement .............................................................................................
Airport management and support ............................................................................................................
FFDO and flight crew training .................................................................................................................
Air cargo ...................................................................................................................................................
Airport perimeter security .........................................................................................................................

Subtotal, Aviation security direction and enforcement .......................................................................

Implementing requirements of Public Law 110–53 .........................................................................................

............................

856,591
326,625
21,481

203,463
128,739
............................

2,938,218

2,867,286

Subtotal, Screener workforce ......................................................................................................

Screener training and other .....................................................................................................................
Checkpoint support ..................................................................................................................................
Emergency appropriations (Public Law 111–5) .......................................................................................

Budget estimate

149,643
2,788,575

2009 appropriation

151,272
2,716,014

Aviation security:
Screening operations:
Screener workforce:
Privatized screening ........................................................................................................................
Screener personnel, compensation, and benefits ...........................................................................

Transportation Security Administration

Item

[In thousands of dollars]

............................

842,633

254,064
448,424
25,127
115,018
............................

4,395,195

1,154,775

806,669
326,625
21,481

203,463
128,739
............................

2,908,218

149,643
2,758,575

Committee
recommendation

............................
............................
............................
∂6,900
............................
∂6,900
............................

∂43,825
¥20,000

¥79,922

¥540,515
∂8,796
∂46,758
∂102
¥7,831
¥4,000

¥49,922

∂533,669

∂6,145
¥121,261
¥1,000,000

¥49,922
............................
............................

¥30,000
............................
............................
............................

∂40,932

∂512,669
∂21,000
............................

............................
¥30,000

Budget estimate

¥1,629
∂42,561

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

148

42,293
86,123
128,416

5,754,518
¥2,320,000
(¥275)
3,434,518
(2,434,518)
(1,000,000)
(250,000)
24,885
24,721
49,606
82,211
33,807
(10,000)
(9,000)
(18,000)
(3,000)
............................
............................
............................
............................
(156,018)
(40,000)

Total, Aviation security (gross) (including transfers) ..............................................................................
Offsetting fee collections (non-mandatory) .............................................................................................
Fee-funded programs (nonadd) ...............................................................................................................

Total, Aviation security (net) ....................................................................................................................
Appropriations .................................................................................................................................
Emergency appropriations ...............................................................................................................
Aviation security capital fund .........................................................................................................

Surface transportation security:
Staffing and operations ....................................................................................................................................
Surface transportation security inspectors and canines ..................................................................................

Subtotal, Surface transportation security ................................................................................................

Transportation Threat Assessment and Credentialing:
Secure Flight .....................................................................................................................................................
Crew and other vetting programs .....................................................................................................................
Registered Traveler Program fees .....................................................................................................................
Transportation Worker Identification Credential fee .........................................................................................
Hazardous materials fees .................................................................................................................................
Alien Flight School fees (by transfer from DOJ) ...............................................................................................
Certified cargo screening program ...................................................................................................................
Large aircraft security program ........................................................................................................................
Secure identification display area checks ........................................................................................................
Other security threat assessments ...................................................................................................................

Subtotal, Transportation Threat Assessment and Credentialing (Gross) ....................................................
Fee funded programs ...............................................................................................................................

(19,600)

(219,999)
(28,000)

84,363
107,636
............................
(9,000)
(15,000)
(4,000)
............................
............................
............................
............................

3,210,850
(3,210,850)
............................
(250,000)

5,310,850
¥2,100,000
(¥19,600)

(250,000)

(275)
(250,000)

Total, Discretionary fee proposal .........................................................................................................

(100)
(2,600)
(5,200)
(1,600)
(10,000)
(100)

(75)
(200)
............................
............................
............................
............................

Aviation security capital fund (mandatory) ......................................................................................................

Discretionary fee proposal:
General aviation at DCA ..........................................................................................................................
Indirect air cargo .....................................................................................................................................
Certified cargo screening program ..........................................................................................................
Large aircraft security program ...............................................................................................................
Secure identification display area checks ...............................................................................................
Other security threat assessments ..........................................................................................................

(199,999)
(28,000)

84,363
87,636
............................
(9,000)
(15,000)
(4,000)
............................
............................
............................
............................

142,616

42,293
100,323

3,137,828
(3,137,828)
............................
(250,000)

5,237,828
¥2,100,000
(¥19,600)

(250,000)

(19,600)

(100)
(2,600)
(5,200)
(1,600)
(10,000)
(100)

(∂43,981)
(¥12,000)

∂2,152
∂53,829
(¥10,000)
............................
(¥3,000)
(∂1,000)
............................
............................
............................
............................

(¥20,000)
............................

............................
¥20,000
............................
............................
............................
............................
............................
............................
............................
............................

∂14,200

∂93,010

¥73,022
(¥73,022)
............................
............................

¥296,690
(∂703,310)
(¥1,000,000)
............................

............................
∂14,200

¥73,022
............................
............................

¥516,690
∂220,000
(¥19,325)

∂17,408
∂75,602

............................

............................

............................
............................
............................
............................
............................
............................

............................

(∂19,325)

(∂25)
(∂2,400)
(∂5,200)
(∂1,600)
(∂10,000)
(∂100)

149

234,870
472,799
218,105
21,961
............................
947,735
725,081
94,400
819,481
7,977,358
(¥2,320,000)
(250,000)
(40,000)
5,367,358
(4,367,358)
(1,000,000)

3,061,663
645,350
195,919

Subtotal, Transportation security support ....................................................................................................

Federal Air Marshals:
Management and administration ......................................................................................................................
Travel and training ...........................................................................................................................................

Subtotal, Federal Air Marshals .....................................................................................................................

Total, Transportation Security Administration (gross) (including transfers) ...............................................
Offsetting fee collections .....................................................................................................................
Aviation security capital fund .............................................................................................................
Fee accounts ........................................................................................................................................

Total, Transportation Security Administration (net) .....................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................

Operating expenses:
Military pay and allowances .............................................................................................................................
Civilian pay and benefits ..................................................................................................................................
Training and recruiting .....................................................................................................................................

Coast Guard

191,999

116,018

Subtotal, Transportation Threat Assessment and Credentialing (net) ........................................................

Transportation security support:
Headquarters administration ............................................................................................................................
Information technology ......................................................................................................................................
Human capital services ....................................................................................................................................
Intelligence ........................................................................................................................................................
Sensitive security information fees ...................................................................................................................

3,244,861
699,594
205,970

5,395,956
(5,395,956)
............................

7,773,956
(¥2,100,000)
(250,000)
(28,000)

860,111

762,569
97,542

1,004,580

248,929
501,110
226,338
28,203
(20)

Budget estimate

2009 appropriation

Item

[In thousands of dollars]

3,255,955
700,042
206,429

5,312,134
(5,312,134)
............................

7,690,134
(¥2,100,000)
(250,000)
(28,000)

860,111

762,569
97,542

999,580

248,929
496,110
226,338
28,203
(20)

171,999

Committee
recommendation

¥83,822
............................
............................
............................
¥83,822
(¥83,822)
............................

¥287,224
(∂220,000)
............................
(¥12,000)
¥55,224
(∂944,776)
(¥1,000,000)

∂11,094
∂448
∂459

............................

∂40,630

∂194,292
∂54,692
∂10,510

............................
............................

¥5,000

∂51,845
∂37,488
∂3,142

............................
¥5,000
............................
............................
............................

¥20,000

∂55,981
∂14,059
∂23,311
∂8,233
∂6,242
(∂20)

Budget estimate

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

150

103,000
............................
103,000

500
99,500
100,000

13,000
130,501

108,000
5,000
113,000
8,600
4,074
73,000
2,500
1,000
89,174
500
92,330
92,830

3,000
86,600
52,700

Environmental compliance and restoration ...............................................................................................................
Reserve training .........................................................................................................................................................

Acquisition, construction, and improvements:
Vessels:
Response boat medium ............................................................................................................................
Inland river tender recapitalization .........................................................................................................

Subtotal, Vessels .................................................................................................................................

Other equipment:
Automatic identification system ..............................................................................................................
Defense messaging system ......................................................................................................................
National distress and response system modernization (Rescue 21) ......................................................
HF Recapitalization ..................................................................................................................................
Interagency Operation Centers (Command 21) .......................................................................................

Subtotal, Other equipment ..................................................................................................................

Personnel compensation and benefits:
Core acquisition costs ..............................................................................................................................
Direct personnel cost ...............................................................................................................................

Subtotal, Personnel compensation & benefits ....................................................................................

Integrated deepwater systems:
Aircraft:
Unmanned aerial systems ...............................................................................................................
Maritime Patrol Aircraft ..................................................................................................................
HH–60 conversions/sustainmant ....................................................................................................

............................
175,000
45,900

119,500

............................
............................
117,000
2,500
............................

13,198
133,632

6,556,188
(6,216,188)
............................
(340,000)

6,194,925
(5,854,925)
............................
(340,000)

Subtotal, Operating expenses .......................................................................................................................
Appropriations ......................................................................................................................................
Overseas contingency operations ........................................................................................................
Defense function ..................................................................................................................................

1,149,513
353,071
903,179
............................
............................
(340,000)
............................

1,177,406
262,294
823,793
23,500
5,000
(340,000)
............................

Operating funds and unit level maintenance ..................................................................................................
Centrally managed accounts ............................................................................................................................
Intermediate and depot level maintenance ......................................................................................................
Port and vessel security ....................................................................................................................................
Aviation mission hour gap ................................................................................................................................
Defense function ...............................................................................................................................................
Overseas contingency operations ......................................................................................................................

............................
175,000
45,900

105,200

500
104,700

147,500

............................
............................
117,000
2,500
28,000

123,000

123,000
............................

13,198
133,632

6,838,291
(6,256,788)
(241,503)
(340,000)

1,154,569
354,874
924,919
............................
............................
(340,000)
241,503

............................
............................
............................

∂5,200

∂12,370

¥3,000
∂88,400
¥6,800

............................
∂5,200

∂28,000

∂58,326
............................
∂12,370

............................
............................
............................
............................
∂28,000

¥8,600
¥4,074
∂44,000
............................
∂27,000

∂20,000

∂10,000

............................
............................

∂198
∂3,131

∂20,000
............................

∂282,103
(∂40,600)
(∂241,503)
............................

∂643,366
(∂401,863)
(∂241,503)
............................

∂15,000
¥5,000

∂5,056
∂1,803
∂21,740
............................
............................
............................
∂241,503

¥22,837
∂92,580
∂101,126
¥23,500
¥5,000
............................
∂241,503

151

281,480
9,800
243,000
3,000
23,000
31,100
............................
............................
591,380
1,900
35,000
37,700
35,000
45,000
1,051,480
10,000
............................
10,000

353,700
3,003
115,300
2,400
30,800
35,500
30,300
............................
571,003
1,500
88,100
37,700
33,141
58,000
1,033,994
68,000
98,000
166,000
97,578

Subtotal, Surface ships ..............................................................................................................

Technology obsolescence prevention ........................................................................................................
C4ISR ........................................................................................................................................................
Logistics ...................................................................................................................................................
Systems engineering and management ...................................................................................................
Government program management ..........................................................................................................

Subtotal, Integrated deepwater systems .............................................................................................

Shore facilities and aids to navigation ............................................................................................................
Emergency appropriations (Public Law 111–5) ................................................................................................

Subtotal .........................................................................................................................................................

Coast Guard/DHS headquarters ........................................................................................................................

............................

305,500

244,550

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 ...............................................................................................

Budget estimate

45,300
38,000
1,300

2009 appropriation

24,500
64,500
13,250

HC–130H conversions .....................................................................................................................
HH–65 conversion/sustainment ......................................................................................................
C–130J fleet introduction ................................................................................................................

Item

[In thousands of dollars]

............................

27,100

27,100
............................

1,194,780

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

734,680

389,480
9,800
243,000
3,000
23,000
31,100
27,300
8,000

305,500

45,300
38,000
1,300

Committee
recommendation

∂143,300
............................
............................
............................
............................
............................
∂143,300
∂17,100
............................
∂17,100
............................

∂163,677
∂400
¥53,100
............................
∂1,859
¥13,000
∂160,786
¥40,900
¥98,000
¥138,900
¥97,578

∂108,000
............................
............................
............................
............................
............................
∂27,300
∂8,000

............................

∂60,950
∂35,780
∂6,797
∂127,700
∂600
¥7,800
¥4,400
¥3,000
∂8,000

............................
............................
............................

Budget estimate

∂20,800
¥26,500
¥11,950

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

152

759,561
67,824
1,000
............................
25,315
853,700

705,918
59,761
1,000
41,082
33,701
841,462
241,772
30,000
51,836
8,366
331,974
182,104

Salaries and expenses:
Protection:
Protection of persons and facilities .........................................................................................................
Protective intelligence activities ..............................................................................................................
National special security events ..............................................................................................................
Presidential candidate nominee protection .............................................................................................
White House mail screening ....................................................................................................................

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 ............................................................................................

Subtotal, Investigations .......................................................................................................................

Administration:
Headquarters, management, and administration ....................................................................................

United States Secret Service

9,601,052
(9,361,052)
(240,000)
............................

Total, Coast Guard ........................................................................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................
Overseas contingency operations ........................................................................................................

8,367,743

221,045

356,504

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

9,728,988
(9,728,988)
............................
............................

1,361,245

8,364,307
1,236,745

19,745
261,000

18,000
257,305

Subtotal, Coast Guard discretionary ............................................................................................................

............................

158,000

Subtotal .........................................................................................................................................................

Research, development, test, and evaluation ...........................................................................................................
Health care fund contribution (permanent indefinite discretionary) ........................................................................

Retired pay (mandatory) ............................................................................................................................................

............................
............................

16,000
142,000

Alteration of bridges ..................................................................................................................................................
Emergency appropriations (Public Law 111–5) ................................................................................................

1,383,980
(1,383,980)
............................

1,592,576
(1,494,576)
(98,000)

Subtotal, Acquisition, construction, and improvements ..............................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................

221,045

356,504

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

850,800

759,561
67,824
1,000
............................
22,415

10,238,691
(9,997,188)
............................
(241,503)

1,361,245

8,877,446

29,745
261,000

4,000

4,000
............................

1,597,580
(1,597,580)
............................

............................

............................

∂24,530
∂38,941

............................
............................
............................
............................

¥2,900

∂9,338
∂19,120
∂705
∂4,705
............................

............................
............................
............................
............................
¥2,900

∂509,703
(∂268,200)
............................
(∂241,503)

∂637,639
(∂636,136)
(¥240,000)
(∂241,503)

∂53,643
∂8,063
............................
¥41,082
¥11,286

∂509,703
............................

∂513,139
∂124,500

∂4,000
∂10,000
............................

∂11,745
∂3,695

∂4,000
............................

¥12,000
¥142,000
¥154,000

∂213,600
(∂213,600)
............................

∂5,004
(∂103,004)
(¥98,000)

153

1,508,729
(1,408,729)
(100,000)
4,225
1,512,954
(1,412,954)
(100,000)
31,991,315
(29,951,315)
(2,040,000)
............................
(1,787,145)

Subtotal, Salaries and expenses ..................................................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................

Acquisition, construction, improvements, and related expenses (Rowley) ................................................................

Total, United States Secret Service ..............................................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................

Total, title II, Security, Enforcement, and Investigations (including transfers) ..........................................
Appropriations .............................................................................................................................
Emergency appropriations ..........................................................................................................
Contingent emergency (by transfer) ...........................................................................................
(Fee Accounts) ............................................................................................................................

44,577

51,350

80,603

Total, Management and administration .......................................................................................................

Infrastructure Protection and Information Security:
Infrastructure protection:
Identification and analysis ......................................................................................................................

86,610

34,682
9,895

32,121,952
(32,121,952)
............................
............................
(1,764,800)

1,489,584
(1,489,584)
............................

3,975

1,485,609
(1,485,609)
............................

54,360
............................

Budget estimate

41,850
9,500

Management and administration:
Administrative activities ...................................................................................................................................
Risk management and analysis .......................................................................................................................

National Protection and Programs Directorate

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

53,189
100,000

2009 appropriation

Training:
Rowley training center .............................................................................................................................
Emergency appropriations (Public Law 111–8) ................................................................................................

Item

[In thousands of dollars]

90,610

44,577

34,682
9,895

32,652,599
(32,411,096)
............................
............................
(1,764,800)

1,486,684
(1,486,684)
............................

3,975

1,482,709
(1,482,709)
............................

54,360
............................

Committee
recommendation

∂530,647
(∂289,144)
............................
............................
............................

∂661,284
(∂2,459,781)
(¥2,040,000)
............................
(¥22,345)

∂10,007

∂4,000

............................

¥2,900
(¥2,900)
............................

¥26,270
(∂73,730)
(¥100,000)

¥6,773

............................

¥250

............................
............................

¥2,900
(¥2,900)
............................

¥26,020
(∂73,980)
(¥100,000)

¥7,168
∂395

............................
............................

Budget estimate

∂1,171
¥100,000

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

154

400,654

140,149
918,166

313,500
38,300
58,740
50,250
15,100
11,260
5,963
141,313
806,913
300,000
............................
............................
............................
............................
............................
1,158,263
(1,158,263)
............................

111,606
8,000
2,600

Subtotal, National Cyber Security Division ..........................................................................................

Office of Emergency Communications ..............................................................................................................

National Security/Emergency Preparedness Telecommunications:
Priority telecommunications services .......................................................................................................
Next generation networks .........................................................................................................................
Programs to study and enhance telecommunications ............................................................................
Critical infrastructure protection programs .............................................................................................
National command and coordination capability ......................................................................................

Subtotal, National Security/Emergency Preparedness Telecommunications .......................................

Subtotal, Infrastructure Protection and Information Security .............................................................

U.S. Visitor and Immigrant Status Indicator Technology ..........................................................................................

Federal Protective Service:
Basic security ....................................................................................................................................................
Building-specific security ..................................................................................................................................
Reimbursable Security Fees (contract guard services) ....................................................................................

Subtotal, Federal Protective Service .............................................................................................................
Offsetting collections ...............................................................................................................................

Total, National Protection and Programs Directorate ..................................................................................
Appropriations ......................................................................................................................................
Offsetting collections ...........................................................................................................................

BioWatch ............................................................................................................................................................
National biosurveillence integration system .....................................................................................................
Rapidly deployable chemical detection system ................................................................................................

Office of Health Affairs

333,629
57,679
9,346

254,924
49,138
9,438

94,513
8,000
2,600

1,318,937
(2,433,937)
(¥1,115,000)

1,115,000
¥1,115,000

213,673
426,327
475,000

356,194

56,773
50,250
19,274
13,852
............................

44,060

333,303

313,800

Subtotal, Infrastructure protection ......................................................................................................
National Cyber Security Division:
U.S. Computer Emergency Response Team (US–CERT) ...........................................................................
Strategic initiatives ..................................................................................................................................
Outreach and programs ...........................................................................................................................

50,582
196,111

62,367
170,830

Coordination and information sharing .....................................................................................................
Mitigation programs .................................................................................................................................

89,513
8,000
2,600

1,324,187
(2,439,187)
(¥1,115,000)

1,115,000
¥1,115,000

213,673
426,327
475,000

378,194

901,416

112,399

56,773
25,000
16,774
13,852
............................

44,060

398,654

331,629
57,679
9,346

346,303

59,582
196,111

............................
............................
............................
............................
............................
∂5,250
(∂5,250)
............................

¥5,000
............................
............................

∂1,115,000
¥1,115,000
∂165,924
(∂1,280,924)
(¥1,115,000)

¥22,093
............................
............................

∂78,194
∂213,673
∂426,327
∂475,000

¥16,750
∂22,000

∂94,503

∂5,760

¥27,750

¥2,000
............................

∂85,154

¥28,914

¥2,000
............................
............................

∂76,705
∂8,541
¥92

............................
¥25,250
¥2,500
............................
............................

∂13,000

∂32,503

¥1,967
¥25,250
∂1,674
∂2,592
¥5,963

∂9,000
............................

¥2,785
∂25,281

155

157,191

Total, Office of Health Affairs ......................................................................................................................

890,000
60,000
950,000

943,037
(837,437)
(743,378)
(94,059)
(105,600)
890,000
60,000
950,000
837,500
35,000
41,000
15,000
400,000
150,000

Subtotal, Management and administration (including transfers) ...............................................................
Appropriations ......................................................................................................................................
(Non-defense appropriations) .....................................................................................................
(Defense appropriations) ............................................................................................................
by transfer ...........................................................................................................................................

State and local programs:
State Homeland Security Grant Program ..........................................................................................................
Operation Stonegarden .............................................................................................................................

Subtotal, State Homeland Security Grant Program .............................................................................

Urban area security initiative ...........................................................................................................................
Regional catastrophic preparedness grants .....................................................................................................
Metropolitan Medical Response System ............................................................................................................
Citizen Corps program ......................................................................................................................................
Public transportation security assistance and railroad security assistance ...................................................
Emergency appropriations (Public Law 111–5) .......................................................................................

887,000
35,000
40,000
15,000
250,000
............................

902,200
(852,200)
(744,719)
(107,481)
(50,000)

798,595
(94,059)
32,500
6,342
(105,600)

817,205
(107,481)
28,000
6,995
(50,000)

138,000

2,476
30,411

Budget estimate

Management and administration:
Operating activities ...........................................................................................................................................
(Defense function) ....................................................................................................................................
Urban search and rescue response system ......................................................................................................
Office of National Capitol Region Coordination ...............................................................................................
Transfer from Disaster relief .............................................................................................................................

Federal Emergency Management Agency

5,775
29,210

2009 appropriation

Planning and coordination ................................................................................................................................
Salaries and expenses ......................................................................................................................................

Item

[In thousands of dollars]

887,000
35,000
40,000
15,000
356,000
............................

950,000

890,000
60,000

909,700
(859,700)
(752,219)
(107,481)
(50,000)

820,205
(107,481)
32,500
6,995
(50,000)

135,000

4,476
30,411

Committee
recommendation

............................
............................
............................
............................
............................
∂106,000
............................

............................
∂49,500
............................
¥1,000
............................
¥44,000
¥150,000

............................
............................

∂7,500
(∂7,500)
(∂7,500)
............................
............................

¥33,337
(∂22,263)
(∂8,841)
(∂13,422)
(¥55,600)
............................
............................

∂3,000
............................
∂4,500
............................
............................

¥3,000

¥22,191

∂21,610
(∂13,422)
............................
∂653
(¥55,600)

∂2,000
............................

Budget estimate

¥1,299
∂1,201

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

156

3,405,700
(3,105,700)
(300,000)
565,000

Subtotal, State and Local Programs ............................................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................

Firefighter assistance grants:
Fire grants .........................................................................................................................................................

102,000
57,000
5,500
1,700
40,000
11,000
31,000
16,000

National Programs:
National Domestic Preparedness Consortium ..........................................................................................
Center for Domestic Preparedness ...........................................................................................................
Noble Training Center ..............................................................................................................................
Counterterrorism and Cyber Crime Center ...............................................................................................
National exercise program .......................................................................................................................
Technical assistance ................................................................................................................................
Continuing training grants ......................................................................................................................
Evaluations and assessments .................................................................................................................
264,200

............................

............................

590,000

............................

Subtotal, Firefighter assistance grants ...............................................................................................

Emergency management performance grants ..................................................................................................

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

170,000
420,000

............................
............................

Firefighter assistance grants:
Fire grants ................................................................................................................................................
Staffing for Adequate Fire and Emergency Response Act grants ...........................................................

Management and administration ......................................................................................................................

250,000

12,000
8,000
50,000
............................
8,000
50,000
35,000

............................

3,867,000
(3,867,000)
............................

175,000

210,000

51,500
62,500
............................
............................
42,000
13,000
23,000
18,000

315,000

............................
............................
50,000
50,000
............................
50,000
............................

550,000

Subtotal ................................................................................................................................................

Over-the-road bus security assistance .............................................................................................................
Trucking industry security grants .....................................................................................................................
Buffer Zone Protection Program grants ............................................................................................................
Driver’s License Security Grants Program ........................................................................................................
Commercial equipment direct assistance program ..........................................................................................
Interoperable emergency communications grant program ...............................................................................
Emergency Operations Centers .........................................................................................................................

250,000
250,000
............................

550,000
400,000
150,000

Subtotal ................................................................................................................................................

Port security grants ...........................................................................................................................................
Emergency appropriations (Public Law 111–5) .......................................................................................

356,000

380,000

3,067,200
(3,067,200)
............................

............................

264,200

102,000
62,500
............................
1,700
40,000
13,000
27,000
18,000

............................

............................

............................
............................

............................
............................
50,000
50,000
............................
50,000
20,000

350,000

350,000
............................

∂100,000
............................
............................
............................
............................
............................
............................
∂20,000

¥200,000
¥12,000
¥8,000
............................
∂50,000
¥8,000
............................
¥15,000

∂380,000

¥799,800
(¥799,800)
............................

¥338,500
(¥38,500)
(¥300,000)
¥185,000

¥175,000

∂54,200

∂50,500
............................
............................
∂1,700
¥2,000
............................
∂4,000
............................

¥315,000

¥590,000

............................

............................

............................
∂5,500
¥5,500
............................
............................
∂2,000
¥4,000
∂2,000

............................

............................

¥170,000
¥420,000

∂100,000
............................

¥50,000
¥150,000

............................
............................

∂106,000

¥194,000

157

3,867,000
(3,867,000)
............................
¥265
45,588
2,000,000
(¥50,000)
............................
1,950,000

315,000
4,705,700
(4,195,700)
(510,000)
¥505
44,979
1,400,000
(¥105,600)
(¥16,000)
1,278,400
(25,000)
295
220,000
49,418
107,181
¥156,599
90,000
200,000

Emergency management performance grants ...........................................................................................................

Subtotal, Grants and training ......................................................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................

Radiological Emergency Preparedness Program ........................................................................................................
United States Fire Administration ..............................................................................................................................
Disaster relief .............................................................................................................................................................
(transfer to Management and Administration) .................................................................................................
(transfer to Inspector General) .........................................................................................................................

Subtotal, Disaster Relief ...............................................................................................................................

Disaster assistance direct loan program account:
(Limitation on direct loans) ..............................................................................................................................
Direct loan subsidy ...........................................................................................................................................
Flood map modernization fund ..................................................................................................................................

National flood insurance fund:
Salaries and expenses ......................................................................................................................................
Flood plain management and mitigation .........................................................................................................
Offsetting fee collections ..................................................................................................................................
National predisaster mitigation fund ........................................................................................................................
Emergency food and shelter ......................................................................................................................................

52,149
107,320
¥159,469
150,000
100,000

(25,000)
295
220,000

............................

............................
............................
............................

985,000
(775,000)
(210,000)

Subtotal, Firefighter assistance grants ........................................................................................................
Appropriations ......................................................................................................................................
Emergency appropriations ...................................................................................................................

............................
............................

Budget estimate

210,000
210,000

2009 appropriation

Fire station construction:
Emergency appropriations (Public Law 111–5) .......................................................................................
Staffing for Adequate Fire and Emergency Response Act grants ....................................................................

Item

[In thousands of dollars]

52,149
107,320
¥159,469
120,000
175,000

(25,000)
295
220,000

1,390,866

¥265
45,588
1,456,866
(¥50,000)
(¥16,000)

4,217,200
(4,217,200)
............................

350,000

800,000
(800,000)
............................

............................
420,000

Committee
recommendation

∂2,731
∂139
¥2,870
∂30,000
¥25,000

............................
............................
............................

............................
............................
............................
¥30,000
∂75,000

............................
............................
............................

¥559,134

∂350,200
(∂350,200)
............................

¥488,500
(∂21,500)
(¥510,000)

∂112,466

∂350,000

∂35,000

............................
............................
¥543,134
............................
(¥16,000)

∂800,000
(∂800,000)
............................

¥185,000
(∂25,000)
(¥210,000)

∂240
∂609
∂56,866
(∂55,600)
............................

............................
∂420,000

Budget estimate

¥210,000
∂210,000

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

158

8,888,360
(8,303,360)
(610,000)
(¥9,000)
(105,600)
(¥121,600)
(25,000)

Total, title III, Protection, Preparedness, Response and Recovery Directorate ............................................
Appropriations .............................................................................................................................
Emergency appropriations ..........................................................................................................
Rescissions .................................................................................................................................
By transfer ..................................................................................................................................
Transfer out ................................................................................................................................
(Limitation on direct loans) ........................................................................................................

100,000
540
1,200
............................
............................
............................
101,740
(780,076)
(535,156)
(345,890)
(92,602)
............................

Appropriations:
Basic pilot program ..........................................................................................................................................
Benefit parole programs ...................................................................................................................................
Immigration integration programs ....................................................................................................................
Driver’s License Security Hub ...........................................................................................................................
Asylum and refugee services ............................................................................................................................
Data center consolidation .................................................................................................................................

Subtotal, Appropriations ...............................................................................................................................

Adjudication services (fees):
Pay and benefits ...............................................................................................................................................
District operations .............................................................................................................................................
Service center operations ..................................................................................................................................
Asylum, refugee and international operations ..................................................................................................
International operations ....................................................................................................................................

United States Citizenship and Immigration Services

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

7,572,906
(6,987,906)
(610,000)
(¥9,000)
(105,600)
(¥121,600)
(25,000)

Total, Federal Emergency Management Agency (including transfers) .........................................................
Appropriations .............................................................................................................................
Emergency appropriations ..........................................................................................................
Rescissions .................................................................................................................................
by transfer ..................................................................................................................................
transfer out .................................................................................................................................
(Limitation on direct loans) ........................................................................................................

............................
(1,132,317)
(549,623)
............................
(64,587)

364,000

112,000
............................
10,000
25,000
206,000
11,000

8,691,755
(8,691,755)
............................
............................
(50,000)
(¥50,000)
(25,000)

7,234,818
(7,234,818)
............................
............................
(50,000)
(¥50,000)
(25,000)

100,000
............................

300,000
¥9,000

Subtotal, Emergency food and shelter .........................................................................................................

............................

Cerro Grande Fire Payments (rescission) ...................................................................................................................

100,000

Emergency appropriations (Public Law 111–5) ................................................................................................

............................
(1,132,317)
(549,623)
............................
(64,587)

135,700

118,500
............................
1,200
............................
5,000
11,000

8,537,571
(8,553,571)
............................
............................
(50,000)
(¥66,000)
(25,000)

7,078,384
(7,094,384)
............................
............................
(50,000)
(¥66,000)
(25,000)

............................

175,000

............................

............................
............................
............................
............................
............................

¥228,300

∂33,960
(¥780,076)
(∂597,161)
(∂203,733)
(¥92,602)
(∂64,587)

∂6,500
............................
¥8,800
¥25,000
¥201,000
............................

¥154,184
(¥138,184)
............................
............................
............................
(¥16,000)
............................

¥350,789
(∂250,211)
(¥610,000)
(∂9,000)
(¥55,600)
(∂55,600)
............................

∂18,500
¥540
............................
............................
∂5,000
∂11,000

¥156,434
(¥140,434)
............................
............................
............................
(¥16,000)
............................

¥494,522
(∂106,478)
(¥610,000)
(∂9,000)
(¥55,600)
(∂55,600)
............................

∂75,000
............................

¥125,000
∂9,000

............................

¥100,000

159

(85,946)
(139,000)
(28,000)
(1,978,670)
(92,587)
............................
(53,747)
(21,465)
(167,799)
............................
(88,746)
(285,153)
(373,899)
(18,818)
(2,640,926)
(101,740)
(2,539,186)
(2,495,186)
(31,000)
(13,000)

Subtotal, Adjudication services ...........................................................................................................

Information and customer services (fees):
Pay and benefits ...............................................................................................................................................
Information and customer service ....................................................................................................................
National Customer Service Centers ..................................................................................................................
Information services ..........................................................................................................................................

Subtotal, Information and customer services ..............................................................................................

Administration (fees):
Administration ...................................................................................................................................................
Pay and benefits ...............................................................................................................................................
Operating expenses ...........................................................................................................................................

Subtotal, Administration ...............................................................................................................................
Systematic Alien Verification for Entitlements [SAVE] (fees) ....................................................................................

Total, United States Citizenship and Immigration Services ........................................................................
Appropriations ......................................................................................................................................
Total Fees .............................................................................................................................................
(Immigration Examination Fees) .................................................................................................
(Fraud prevention and detection fees) .......................................................................................
(H1B Non–Immigrant Petitioner fees) ........................................................................................

2009 appropriation

Records operations ............................................................................................................................................
Business transformation ...................................................................................................................................
Digitization program (nonadd) .................................................................................................................

Item

[In thousands of dollars]

(2,867,232)
(364,000)
(2,503,232)
(2,451,884)
(38,348)
(13,000)

(365,932)
(21,346)

(365,932)
............................
............................

(89,050)

............................
(89,050)
............................
............................

(2,026,904)

(107,113)
(173,264)
(29,000)

Budget estimate

(2,638,932)
(135,700)
(2,503,232)
(2,451,884)
(38,348)
(13,000)

(365,932)
(21,346)

(365,932)
............................
............................

(89,050)

............................
(89,050)
............................
............................

(2,026,904)

(107,113)
(173,264)
(29,000)

Committee
recommendation

(¥1,994)
(∂33,960)
(¥35,954)
(¥43,302)
(∂7,348)
............................

(¥7,967)
(∂2,528)

(∂365,932)
(¥88,746)
(¥285,153)

(¥78,749)

(¥92,587)
(∂89,050)
(¥53,747)
(¥21,465)

(∂48,234)

(∂21,167)
(∂34,264)
(∂1,000)

2009 appropriation

(¥228,300)
(¥228,300)
............................
............................
............................
............................

............................
............................

............................
............................
............................

............................

............................
............................
............................
............................

............................

............................
............................
............................

Budget estimate

Senate Committee recommendation compared with (∂ or ¥)

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

160

246,530
86,456
332,986

Subtotal, Salaries and expenses ..................................................................................................................

Acquisitions, construction, improvements, and related expenses:
Direct appropriation ..........................................................................................................................................

Total, Federal Law Enforcement Training Center .........................................................................................

33,050
200,408
74,890
96,149
12,460
75,816
33,000
161,940
28,674
28,830
50,270
5,000
800,487
932,587

37,500
25,147
108,100
103,300
32,000

Research, development, acquisition, and operations:
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 ..........................................................................................................................................
Homeland Security Institute ..............................................................................................................................

Subtotal, Research, development, acquisition, and operations ...................................................................

Total, Science and Technology .....................................................................................................................

Management and administration ...............................................................................................................................

Research, development, and operations:
Systems engineering and architecture .............................................................................................................
Systems development ........................................................................................................................................
Transformational research and development ...................................................................................................
Assessments ......................................................................................................................................................

Domestic Nuclear Detection Office

132,100

Management and administration ...............................................................................................................................

Science and Technology

245,240
1,290

Federal Law Enforcement Training Center

Salaries and expenses:
Law enforcement training .................................................................................................................................
Accreditation ......................................................................................................................................................

25,448
100,000
110,537
32,416

39,599

968,391

826,191

40,181
206,800
80,264
120,809
15,087
44,742
44,000
154,500
28,674
45,134
46,000
............................

142,200

288,812

43,456

245,356

244,047
1,309

25,448
100,000
110,537
32,416

37,500

994,929

851,729

40,181
206,800
83,264
120,809
12,460
67,607
44,000
154,500
28,674
45,134
48,300
............................

143,200

287,812

43,456

244,356

243,047
1,309

∂26,538

∂62,342

∂301
¥8,100
∂7,237
∂416

............................
............................
............................
............................

¥2,099

∂25,538

∂51,242

............................

............................
............................
∂3,000
............................
¥2,627
∂22,865
............................
............................
............................
............................
∂2,300
............................

∂7,131
∂6,392
∂8,374
∂24,660
............................
¥8,209
∂11,000
¥7,440
............................
∂16,304
¥1,970
¥5,000

∂1,000

¥1,000

∂11,100

............................

¥45,174

¥1,000

¥2,174
¥43,000

¥1,000
............................

¥2,193
∂19

161

323,200
120,491
20,000
13,000
153,491
514,191
1,881,504
(2,539,186)

50,000
50,000
¥31,000
¥21,373
¥20,000
............................
............................
............................
............................
27,627

Research, development, and operations ......................................................................................................

Systems acquisition:
Radiation Portal Monitor/Advanced Spectroscopic Portal program ..................................................................
Securing the Cities ............................................................................................................................................
Human Portal Radiation Detection System program ........................................................................................

Subtotal, Systems acquisition ......................................................................................................................

Total, Domestic Nuclear Detection Office .....................................................................................................

Total, title IV, Research and Development, Training, and Services ............................................................
(Fee Accounts) .....................................................................................................................................

Enacted provisions:.
Sec. 547: REAL ID Grants .................................................................................................................................
Sec. 547: REAL ID Information Sharing and Verification System ....................................................................
Sec. 549: Rescission, TSA undistributed carryover. .........................................................................................
Sec. 550: Rescission of unobligated balances, A&O .......................................................................................
Sec. 551: Rescission of unobligated balances, Coast Guard AC&I .................................................................
Sec. 551: Rescission of unobligated balances, ICE Construction ...................................................................
Sec. 552: Rescission of unobligated balances, NPPD ......................................................................................
Sec. 553: Rescission of unobligated balances, S&T ........................................................................................
Sec. 554: Rescission of unobligated balances, DNDO .....................................................................................

Total, title V, General Provisions ..................................................................................................................

TITLE V—GENERAL PROVISIONS

37,753
16,900

2009 appropriation

Operations support ............................................................................................................................................
National Technical Nuclear Forensics Center ...................................................................................................

Item

[In thousands of dollars]

............................

............................
............................
............................
............................
............................
............................
............................
............................
............................

1,987,339
(2,503,232)

366,136

............................

............................
............................
............................

326,537

38,436
19,700

Budget estimate

¥63,127

¥194,861
............................

¥89,026
(¥35,954)

¥35,500

∂7,901

¥140,154

¥35,500

............................
............................
............................
¥5,000
............................
¥7,000
¥8,000
¥7,500
¥8,000

∂10,000

¥143,491

¥50,000
¥50,000
∂31,000
∂16,373
∂20,000
¥7,000
¥8,000
¥7,500
¥8,000

............................
∂10,000
............................

............................

∂3,337
¥120,491
¥10,000
¥13,000

............................
............................

Budget estimate

∂683
∂2,800

2009 appropriation

Senate Committee recommendation compared with (∂ or ¥)

............................
............................
............................
¥5,000
............................
¥7,000
¥8,000
¥7,500
¥8,000

1,792,478
(2,503,232)

374,037

10,000

............................
10,000
............................

326,537

38,436
19,700

Committee
recommendation

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
FOR FISCAL YEAR 2010—Continued

162

44,080,245
(41,306,618)
(40,069,873)
(1,236,745)
(2,855,000)
............................
(¥81,373)
(4,326,331)
(25,000)
(¥121,600)
............................
(121,600)

Grand total ....................................................................................................................................................
Appropriations .............................................................................................................................
(Discretionary) ....................................................................................................................
(Mandatory) ........................................................................................................................
Emergency appropriations ..........................................................................................................
Overseas deployment activities ..................................................................................................
Rescissions .................................................................................................................................
Fee funded programs ..................................................................................................................
(Limitation on direct loans) ........................................................................................................
(Transfer out) ..............................................................................................................................
(By transfer—contingent emergency) ........................................................................................
(By transfer) ................................................................................................................................

Æ

(100,000)
(¥72,373)

Appropriations ......................................................................................................................................
Rescissions ..........................................................................................................................................
44,190,938
(44,190,938)
(42,829,693)
(1,361,245)
............................
............................
............................
(4,268,032)
(25,000)
(¥50,000)
............................
(50,000)

............................
............................
44,287,748
(44,081,745)
(42,720,500)
(1,361,245)
............................
(241,503)
(¥35,500)
(4,268,032)
(25,000)
(¥66,000)
............................
(66,000)

............................
(¥35,500)

............................
(¥35,500)
∂96,810
(¥109,193)
(¥109,193)
............................
............................
(∂241,503)
(¥35,500)
............................
............................
(¥16,000)
............................
(∂16,000)

(¥100,000)
(∂36,873)
∂207,503
(∂2,775,127)
(∂2,650,627)
(∂124,500)
(¥2,855,000)
(∂241,503)
(∂45,873)
(¥58,299)
............................
(∂55,600)
............................
(¥55,600)

163