110TH CONGRESS 

1ST SESSION H. R. 2638 

AN ACT 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 2638 EH 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Department of Homeland Security for the fiscal year end4 ing September 30, 2008, and for other purposes, namely: 

5 TITLE I—DEPARTMENTAL MANAGEMENT AND 

6 OPERATIONS 

7 OFFICE OF THE SECRETARY AND EXECUTIVE

8 MANAGEMENT

9 For necessary expenses of the Office of the Secretary 

10 of Homeland Security, as authorized by section 102 of the 

11 Homeland Security Act of 2002 (6 U.S.C. 112), and exec12 utive management of the Department of Homeland Secu13 rity, as authorized by law, $102,930,000 (reduced by 

14 $15,000,000) (reduced by $1,000,000) (reduced by 

15 $79,000) (reduced by $300,000) (reduced by $1,241,000) 

16 (reduced by $138,000): Provided, That not to exceed 

17 $40,000 shall be for official reception and representation 

18 expenses. 

19 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

20 For necessary expenses of the Office of the Under 

21 Secretary for Management, as authorized by sections 701 

22 through 705 of the Homeland Security Act of 2002 (6 

23 U.S.C. 341 through 345), $237,765,000 (reduced by 

24 $35,000,000) (reduced by $11,000,000) (reduced by 

25 $10,400,000) (reduced by $35,000,000) (reduced by 
3 

•HR 2638 EH 

1 $89,125,000) (reduced by $15,000,000) (reduced by 

2 $50,000,000), of which not to exceed $3,000 shall be for 

3 official reception and representation expenses: Provided, 

4 That of the total amount provided, $6,000,000 shall re5 main available until expended solely for the alteration and 

6 improvement of facilities, tenant improvements, and relo7 cation costs to consolidate Department headquarters oper8 ations and $300,000 shall remain available until expended 

9 by the Federal Law Enforcement Training Accreditation 

10 Board for the needs of Federal law enforcement agencies 

11 participating in training accreditation: Provided further, 

12 That no funding provided under this heading may be used 

13 to design, build, or relocate any Departmental activity to 

14 the Saint Elizabeths campus until the Department sub15 mits to the Committees on Appropriations of the Senate 

16 and the House of Representatives: (1) the published U17 Visa rule; and (2) a detailed expenditure plan for check18 point support and explosive detection systems refurbish19 ment, procurement, and installations on an airport-by-air20 port basis for fiscal year 2008. 

21 OFFICE OF THE CHIEF FINANCIAL OFFICER

22 For necessary expenses of the Office of the Chief Fi23 nancial Officer, as authorized by section 103 of the Home24 land Security Act of 2002 (6 U.S.C. 113), $32,000,000 

25 (reduced by $1,000,000) (reduced by $500,000). 
4 

•HR 2638 EH 

1 OFFICE OF THE CHIEF INFORMATION OFFICER

2 For necessary expenses of the Office of the Chief In3 formation Officer, as authorized by section 103 of the 

4 Homeland Security Act of 2002 (6 U.S.C. 113), and De5 partment-wide technology investments, $258,621,000; of 

6 which $79,921,000 shall be available for salaries and ex7 penses; and of which $178,700,000 shall be available for 

8 development and acquisition of information technology 

9 equipment, software, services, and related activities for the 

10 Department of Homeland Security, to remain available 

11 until expended: Provided, That none of the funds appro12 priated shall be used to support or supplement the appro13 priations provided for the United States Visitor and Immi14 grant Status Indicator Technology project or the Auto15 mated Commercial Environment: Provided further, That 

16 the Chief Information Officer shall submit to the Commit17 tees on Appropriations of the Senate and the House of 

18 Representatives, not more than 60 days after the date of 

19 enactment of this Act, an expenditure plan for all informa20 tion technology acquisition projects with an estimated cost 

21 of $2,500,000 or more: Provided further, That such ex22 penditure plan shall include each specific project funded, 

23 key milestones, all funding sources for each project, details 

24 of annual and lifecycle costs, and projected cost savings 

25 or cost avoidance to be achieved by the project: Provided 
5 

•HR 2638 EH 

1 further, That notwithstanding any other provision of law, 

2 none of the funds made available in this or any other Act 

3 may be obligated to provide for the oversight or manage4 ment of the Integrated Wireless Network program by any 

5 employee of the Office of the Chief Information Officer. 

6 ANALYSIS AND OPERATIONS

7 For necessary expenses for information analysis and 

8 operations coordination activities, as authorized by title II 

9 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

10 seq.), $291,619,000 (increased by $10,000,000), to re11 main available until September 30, 2009, of which not to 

12 exceed $5,000 shall be for official reception and represen13 tation expenses. 

14 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

15 COAST REBUILDING

16 For necessary expenses of the Office of the Federal 

17 Coordinator for Gulf Coast Rebuilding, $3,000,000: Pro18 vided, That $1,000,000 shall not be available for obliga19 tion until the Committees on Appropriations of the Senate 

20 and the House of Representatives receive an expenditure 

21 plan for fiscal year 2008. 

22 INSPECTOR GENERAL

23 OPERATING EXPENSES

24 For necessary expenses of the Inspector General in 

25 carrying out the provisions of the Inspector General Act 
6 

•HR 2638 EH 

1 of 1978 (5 U.S.C. App.), $99,111,000 (increased by 

2 $500,000), of which not to exceed $150,000 may be used 

3 for certain confidential operational expenses, including the 

4 payment of informants, to be expended at the direction 

5 of the Inspector General. 

6 TITLE II—SECURITY, ENFORCEMENT, AND 

7 INVESTIGATIONS 

8 UNITED STATES CUSTOMS AND BORDER PROTECTION

9 SALARIES AND EXPENSES

10 For necessary expenses for enforcement of laws relat11 ing to border security, immigration, customs, and agricul12 tural inspections and regulatory activities related to plant 

13 and animal imports; purchase and lease of up to 4,500 

14 (2,300 for replacement only) police-type vehicles; and con15 tracting with individuals for personal services abroad; 

16 $6,629,733,000 (reduced by $1,000,000) (increased by 

17 $1,000,000), of which $3,093,000 shall be derived from 

18 the Harbor Maintenance Trust Fund for administrative 

19 expenses related to the collection of the Harbor Mainte20 nance Fee pursuant to section 9505(c)(3) of the Internal 

21 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) notwith22 standing section 1511(e)(1) of the Homeland Security Act 

23 of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

24 $45,000 shall be for official reception and representation 

25 expenses; of which not less than $207,740,000 shall be 
7 

•HR 2638 EH 

1 for Air and Marine Operations; of which such sums as 

2 become available in the Customs User Fee Account, except 

3 sums subject to section 13031(f)(3) of the Consolidated 

4 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

5 58c(f)(3)), shall be derived from that account; of which 

6 not to exceed $150,000 shall be available for payment for 

7 rental space in connection with preclearance operations; 

8 and of which not to exceed $1,000,000 shall be for awards 

9 of compensation to informants, to be accounted for solely 

10 under the certificate of the Secretary of Homeland Secu11 rity: Provided, That for fiscal year 2008, the overtime lim12 itation prescribed in section 5(c)(1) of the Act of February 

13 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not14 withstanding any other provision of law, none of the funds 

15 appropriated by this Act may be available to compensate 

16 any employee of United States Customs and Border Pro17 tection for overtime, from whatever source, in an amount 

18 that exceeds such limitation, except in individual cases de19 termined by the Secretary of Homeland Security, or the 

20 designee of the Secretary, to be necessary for national se21 curity purposes, to prevent excessive costs, or in cases of 

22 immigration emergencies: Provided further, That of the 

23 amount made available under this heading, $202,816,000 

24 shall remain available until September 30, 2009, to sup25 port software development, equipment, contract services, 
8 

•HR 2638 EH 

1 and the implementation of inbound lanes and modification 

2 to vehicle primary processing lanes at ports of entry, of 

3 which $100,000 is to promote information and education 

4 exchange with nations friendly to the United States in 

5 order to promote sharing of best practices and tech6 nologies relating to homeland security, as authorized by 

7 section 879 of Public Law 107–296 and $100,000,000 

8 may not be obligated until the Committees on Appropria9 tions of the Senate and the House of Representatives re10 ceive a report on the results of pilot programs used to de11 velop and implement the plan required by section 

12 7209(b)(1) of the Intelligence Reform and Terrorism Pre13 vention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 

14 note), which includes the following information: (1) infra15 structure and staffing required, with associated costs, by 

16 port of entry; (2) updated milestones for plan implementa17 tion; (3) a detailed explanation of how requirements of 

18 such section have been satisfied; (4) confirmation that a 

19 vicinity-read radio frequency identification card has been 

20 adequately tested to ensure operational success; and (5) 

21 a description of steps taken to ensure the integrity of pri22 vacy safeguards. 

23 AUTOMATION MODERNIZATION

24 For expenses for customs and border protection auto25 mated systems, $476,609,000, to remain available until 

26 expended, of which not less than $316,969,000 shall be 
9 

•HR 2638 EH 

1 for the development of the Automated Commercial Envi2 ronment: Provided, That of the total amount made avail3 able under this heading, $216,969,000 may not be obli4 gated for the Automated Commercial Environment pro5 gram until 30 days after the Committees on Appropria6 tions of the Senate and the House of Representatives re7 ceive a report on the results to date and plans for the 

8 program from the Department of Homeland Security that 

9 includes: 

10 (1) a detailed accounting of the program’s 

11 progress up to the date of the report in meeting 

12 prior commitments made to the Committees relative 

13 to system capabilities or services, system perform14 ance levels, mission benefits and outcomes, mile15 stones, cost targets, and program management capa16 bilities; 

17 (2) an explicit plan of action defining how all 

18 unobligated funds for the program from prior appro19 priations and all fiscal year 2008 funds are to be 

20 spent to meet future program commitments, with 

21 sufficient detail to link the planned expenditure of 

22 funds to the milestone-based delivery of specific ca23 pabilities, services, performance levels, mission bene24 fits and outcomes, and program management capa25 bilities; 
10 

•HR 2638 EH 

1 (3) a listing of all open Government Account2 ability Office and Office of Inspector General rec3 ommendations related to the program, with the sta4 tus of the Department’s efforts to address the rec5 ommendations, including milestones for fully ad6 dressing them; 

7 (4) a written certification by the Chief Finan8 cial Officer of the Department of Homeland Security 

9 that the program has been reviewed and approved in 

10 accordance with the Department’s investment man11 agement process, and that this process fulfills all 

12 capital planning and investment control require13 ments and reviews established by the Office of Man14 agement and Budget, including Circular A–11, part 

15 7, as well as copies of all investment decision memo16 randa and supporting analyses generated by and 

17 used in the Department’s process; 

18 (5) a written certification by the Chief Informa19 tion Officer of the Department of Homeland Secu20 rity that an independent validation and verification 

21 agent has and will continue to actively review the 

22 program, as well as summaries of reviews conducted 

23 by the agent during the preceding 12 months; 

24 (6) a written certification by the Chief Informa25 tion Officer of the Department of Homeland Secu-
11 

•HR 2638 EH 

1 rity that: the system architecture is sufficiently 

2 aligned with the department’s information systems 

3 enterprise architecture to minimize future rework, 

4 including: a description of all aspects of the architec5 tures that were and were not assessed in making the 

6 alignment determination; the date of the alignment 

7 determination; any known areas of misalignment; 

8 any associated risks; and corrective actions to ad9 dress any such areas; 

10 (7) a written certification by the Chief Informa11 tion Officer of the Department of Homeland Secu12 rity that the program has a risk management proc13 ess that regularly and proactively identifies, evalu14 ates, mitigates, and monitors risks throughout the 

15 system life cycle, and communicates high-risk condi16 tions to United States Customs and Border Protec17 tion and Department of Homeland Security invest18 ment decision makers, as well as a listing of the pro19 gram’s high risks and the status of efforts to ad20 dress them; 

21 (8) a written certification by the Chief Procure22 ment Officer of the Department of Homeland Secu23 rity that the plans for the program comply with the 

24 Federal acquisition rules, requirements, guidelines, 

25 and practices, and a description of the actions being 
12 

•HR 2638 EH 

1 taken to address areas of non-compliance, the risks 

2 associated with them along with any plans for ad3 dressing these risks and the status of their imple4 mentation; and 

5 (9) a written certification by the Chief Human 

6 Capital Officer of the Department of Homeland Se7 curity that human capital needs of the program are 

8 being strategically and proactively managed, and 

9 that current human capital capabilities are sufficient 

10 to execute the plans discussed in the report. 

11 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

12 TECHNOLOGY

13 For expenses for customs and border protection fenc14 ing, infrastructure, and technology, $1,000,000,000 (re15 duced by $5,000,000) (increased by $5,000,000) (in16 creased by $89,125,000), to remain available until ex17 pended: Provided, That of the amount provided under this 

18 heading, $700,000,000 shall not be obligated until the 

19 Committees on Appropriations of the Senate and the 

20 House of Representatives receive and approve a plan for 

21 expenditure, prepared by the Secretary of Homeland Secu22 rity and submitted within 60 days after the date of enact23 ment of this Act, for a program to establish a security 

24 barrier along the borders of the United States of fencing 

25 and vehicle barriers, where practicable, and other forms 

26 of tactical infrastructure and technology, that— 
13 

•HR 2638 EH 

1 (1) defines activities, milestones, and costs for 

2 implementing the program, including identification 

3 of the maximum investment related to the Secure 

4 Border Initiative network (SBInet) or successor con5 tract, estimation of lifecycle costs, and description of 

6 the methodology used to obtain these cost figures; 

7 (2) demonstrates how activities will further the 

8 objectives of the Secure Border Initiative (SBI), as 

9 defined in the SBI multi-year strategic plan, and 

10 how the plan allocates funding to the highest pri11 ority border security needs; 

12 (3) identifies funding and staffing (including 

13 full-time equivalents, contractors, and detailees) re14 quirements by activity; 

15 (4) describes how the plan addresses security 

16 needs at the Northern Border and the ports of 

17 entry, including infrastructure, technology, design 

18 and operations requirements; 

19 (5) reports on costs incurred, the activities com20 pleted, and the progress made by the program in 

21 terms of obtaining operational control of the entire 

22 border of the United States; 

23 (6) includes an analysis by the Secretary, for 

24 each segment of fencing or tactical infrastructure, of 

25 the selected approach compared to other, alternative 
14 

•HR 2638 EH 

1 means of achieving operational control; such analysis 

2 should include cost, level of operational control, pos3 sible unintended effects on communities, and other 

4 factors critical to the decision-making process; 

5 (7) includes a certification by the Chief Pro6 curement Officer of the Department of Homeland 

7 Security that procedures to prevent conflicts of in8 terest between the prime integrator and major sub9 contractors are established and that the SBI Pro10 gram Office has adequate staff and resources to ef11 fectively manage the SBI program, SBInet contract, 

12 and any related contracts, including the exercise of 

13 technical oversight, and a certification by the Chief 

14 Information Officer of the Department of Homeland 

15 Security that an independent verification and valida16 tion agent is currently under contract for the 

17 projects funded under this heading; 

18 (8) complies with all applicable acquisition 

19 rules, requirements, guidelines, and best systems ac20 quisition management practices of the Federal Gov21 ernment; 

22 (9) complies with the capital planning and in23 vestment control review requirements established by 

24 the Office of Management and Budget, including 

25 Circular A–11, part 7; 
15 

•HR 2638 EH 

1 (10) is reviewed and approved by the Depart2 ment of Homeland Security Investment Review 

3 Board, the Secretary of Homeland Security, and the 

4 Office of Management and Budget; and 

5 (11) is reviewed by the Government Account6 ability Office: 

7 Provided further, That the Secretary shall report to the 

8 Committees on Appropriations of the Senate and the 

9 House of Representatives on program progress to date, 

10 and specific objectives to be achieved through the award 

11 of current and remaining task orders planned for the bal12 ance of available appropriations: (1) at least 30 days prior 

13 to the award of any task order requiring the obligation 

14 in excess of $100,000,000; and (2) prior to the award of 

15 a task order that would cause cumulative obligations to 

16 exceed 50 percent of the total amount appropriated: Pro17 vided further, That of the funds provided under this head18 ing, not more than $2,000,000 shall be used to reimburse 

19 the Defense Acquisition University for the costs of con20 ducting a review of the SBInet contract and determining 

21 how and whether the Department is employing the best 

22 procurement practices: Provided further, That none of the 

23 funds under this heading may be obligated for fencing or 

24 tactical infrastructure on lands administered by the Na25 tional Park Service, the United States Fish and Wildlife 
16 

•HR 2638 EH 

1 Service, the Forest Service, the Bureau of Indian Affairs, 

2 or the Bureau of Land Management unless the Secretary 

3 of Homeland Security coordinates such decision with that 

4 agency, and makes every effort to minimize impacts on 

5 wildlife and natural resources: Provided further, That none 

6 of the funds under this heading may be obligated for a 

7 fencing or tactical infrastructure project or activity unless 

8 the Secretary formally consults with affected State and 

9 local communities to solicit their advice and support of 

10 such project or activity: Provided further, That no funds 

11 under this heading may be obligated for any project or 

12 activity for which the Secretary has exercised waiver au13 thority pursuant to section 102(c) of the Illegal Immigra14 tion Reform and Immigrant Responsibility Act of 1996 

15 (8 U.S.C. 1103 note) until 15 days have elapsed from the 

16 date of the publication of the decision in the Federal Reg17 ister. 

18 AIR AND MARINE INTERDICTION, OPERATIONS, 

19 MAINTENANCE, AND PROCUREMENT

20 For necessary expenses for the operations, mainte21 nance, and procurement of marine vessels, aircraft, un22 manned aircraft systems, and other related equipment of 

23 the air and marine program, including operational train24 ing and mission-related travel, and rental payments for 

25 facilities occupied by the air or marine interdiction and 

26 demand reduction programs, the operations of which in-
17 

•HR 2638 EH 

1 clude the following: the interdiction of narcotics and other 

2 goods; the provision of support to Federal, State, and local 

3 agencies in the enforcement or administration of laws en4 forced by the Department of Homeland Security; and at 

5 the discretion of the Secretary of Homeland Security, the 

6 provision of assistance to Federal, State, and local agen7 cies in other law enforcement and emergency humani8 tarian efforts, $477,287,000, to remain available until ex9 pended: Provided, That no aircraft or other related equip10 ment, except aircraft that are one-of-a-kind and have been 

11 identified as excess to United States Customs and Border 

12 Protection requirements and aircraft that have been dam13 aged beyond repair, shall be transferred to any other Fed14 eral agency, department, or office outside of the Depart15 ment of Homeland Security during fiscal year 2008 with16 out the prior approval of the Committees on Appropria17 tions of the Senate and the House of Representatives: Pro18 vided further, That none of the funds under this heading 

19 may be obligated for procurement of additional unmanned 

20 aerial systems until the Commissioner of United States 

21 Customs and Border Protection certifies to the Commit22 tees on Appropriations of the Senate and House of Rep23 resentatives that they are of higher priority and more cost 

24 effective than other items included in the Air and Marine 

25 Strategic Recapitalization and Modernization plan. 
18 

•HR 2638 EH 

1 CONSTRUCTION

2 For necessary expenses to plan, construct, renovate, 

3 equip, and maintain buildings and facilities necessary for 

4 the administration and enforcement of the laws relating 

5 to customs and immigration, $249,663,000, to remain 

6 available until expended. 

7 UNITED STATES IMMIGRATION AND CUSTOMS

8 ENFORCEMENT

9 SALARIES AND EXPENSES

10 For necessary expenses for enforcement of immigra11 tion and customs laws, detention and removals, and inves12 tigations; and purchase and lease of up to 3,790 (2,350 

13 for replacement only) police-type vehicles; $4,146,300,000 

14 (increased by $9,100,000) (reduced by $5,000,000) (in15 creased by $5,000,000), of which not to exceed 

16 $10,000,000 shall be available until expended for con17 ducting special operations under section 3131 of the Cus18 toms Enforcement Act of 1986 (19 U.S.C. 2081); of which 

19 not to exceed $15,000 shall be for official reception and 

20 representation expenses; of which not to exceed 

21 $1,000,000 shall be for awards of compensation to inform22 ants, to be accounted for solely under the certificate of 

23 the Secretary of Homeland Security; and of which not to 

24 exceed $11,216,000 shall be available to fund or reimburse 

25 other Federal agencies for the costs associated with the 
19 

•HR 2638 EH 

1 care, maintenance, and repatriation of smuggled illegal 

2 aliens: Provided, That none of the funds made available 

3 under this heading shall be available to compensate any 

4 employee for overtime in an annual amount in excess of 

5 $35,000, except that the Secretary of Homeland Security, 

6 or a designee of the Secretary, may waive that amount 

7 as necessary for national security purposes and in cases 

8 of immigration emergencies: Provided further, That of the 

9 total amount provided, $15,770,000 shall be for activities 

10 to enforce laws against forced child labor in fiscal year 

11 2008, of which not to exceed $6,000,000 shall remain 

12 available until expended: Provided further, That at least 

13 once per month the Secretary of Homeland Security or 

14 a designee of the Secretary shall obtain information from 

15 every prison, jail, and correctional facility in the United 

16 States to identify incarcerated aliens who may be deport17 able and make every reasonable effort to remove such 

18 aliens judged deportable upon their release from custody. 

19 FEDERAL PROTECTIVE SERVICE

20 The revenues and collections of security fees credited 

21 to this account shall be available until expended for nec22 essary expenses related to the protection of federally23 owned and leased buildings and for the operations of the 

24 Federal Protective Service: Provided, That none of the 

25 funds provided in this or any other Act, and none of the 

26 revenues or collections of security fees credited to this ac-
20 

•HR 2638 EH 

1 count, may be obligated for any activity that reduces the 

2 number of in-service Federal Protective Service police offi3 cers below the number of such officers as of October 1, 

4 2006, unless— 

5 (1) the Director of the Federal Protective Serv6 ice provides to the head of the relevant lead State 

7 and local law enforcement agencies for the jurisdic8 tion concerned a report on the number and type of 

9 cases handled by the Federal Protective Service po10 lice in that jurisdiction for the previous two fiscal 

11 years; 

12 (2) the Director of the Federal Protective Serv13 ice negotiates a Memorandum of Agreement with the 

14 head of each relevant State and local law enforce15 ment agency for the jurisdiction concerned that ex16 plains how the work identified in the report de17 scribed in section (1) will be addressed in the future; 

18 and 

19 (3) the Director of the Federal Protective Serv20 ice submits copies of each report under paragraph 

21 (1) and each memorandum under paragraph (2) to 

22 the Committees on Appropriations of the Senate and 

23 the House of Representatives by not later than 15 

24 days before the number of in-service Federal Protec-
21 

•HR 2638 EH 

1 tive Service police officers is reduced for the con2 cerned jurisdiction. 

3 AUTOMATION MODERNIZATION

4 For expenses of immigration and customs enforce5 ment automated systems, $30,700,000, to remain avail6 able until expended: Provided, That none of the funds 

7 made available under this heading may be obligated until 

8 the Committees on Appropriations of the Senate and the 

9 House of Representatives receive and approve a plan for 

10 expenditure prepared by the Secretary of Homeland Secu11 rity that— 

12 (1) meets the capital planning and investment 

13 control review requirements established by the Office 

14 of Management and Budget, including Circular A– 

15 11, part 7; 

16 (2) complies with the Department of Homeland 

17 Security information systems enterprise architecture; 

18 (3) complies with the acquisition rules, require19 ments, guidelines, and systems acquisition manage20 ment practices of the Federal Government; 

21 (4) includes a certification by the Chief Infor22 mation Officer of the Department of Homeland Se23 curity that an independent verification and valida24 tion agent is currently under contract for the 

25 project; 
22 

•HR 2638 EH 

1 (5) is reviewed and approved by the Depart2 ment of Homeland Security Investment Review 

3 Board, the Secretary of Homeland Security, and the 

4 Office of Management and Budget; and 

5 (6) is reviewed by the Government Account6 ability Office. 

7 CONSTRUCTION

8 For necessary expenses to plan, construct, renovate, 

9 equip, and maintain buildings and facilities necessary for 

10 the administration and enforcement of the laws relating 

11 to customs and immigration, $6,000,000, to remain avail12 able until expended: Provided, That none of the funds 

13 made available in this or any other Act may be used to 

14 solicit or consider any request to privatize facilities cur15 rently owned by the United States Government and used 

16 to detain illegal aliens until the Committees on Appropria17 tions of the Senate and the House of Representatives re18 ceive and approve a plan for carrying out that privatiza19 tion. 

20 TRANSPORTATION SECURITY ADMINISTRATION

21 AVIATION SECURITY

22 For necessary expenses of the Transportation Secu23 rity Administration related to providing civil aviation secu24 rity services pursuant to the Aviation and Transportation 

25 Security Act (Public Law 107–71; 115 Stat. 597; 49 

26 U.S.C. 40101 note), $5,198,535,000, to remain available 
23 

•HR 2638 EH 

1 until September 30, 2009, of which not to exceed $10,000 

2 shall be for official reception and representation expenses: 

3 Provided, That of the total amount made available under 

4 this heading, not to exceed $4,218,194,000 shall be for 

5 screening operations, of which $560,000,000 shall be 

6 available only for procurement and installation of checked 

7 baggage explosive detection systems; and not to exceed 

8 $980,116,000 shall be for aviation security direction and 

9 enforcement: Provided further, That security service fees 

10 authorized under section 44940 of title 49, United States 

11 Code, shall be credited to this appropriation as offsetting 

12 collections and shall be available only for aviation security: 

13 Provided further, That the sum appropriated under this 

14 heading from the general fund shall be reduced on a dol15 lar-for-dollar basis as such offsetting collections are re16 ceived during fiscal year 2008, so as to result in a final 

17 fiscal year appropriation from the general fund estimated 

18 at not more than $2,488,310,000: Provided further, That 

19 any security service fees collected in excess of the amount 

20 made available under this heading shall become available 

21 during fiscal year 2009. 

22 SURFACE TRANSPORTATION SECURITY

23 For necessary expenses of the Transportation Secu24 rity Administration related to providing surface transpor25 tation security activities, $41,413,000, to remain available 

26 until September 30, 2009. 
24 

•HR 2638 EH 

1 TRANSPORTATION THREAT ASSESSMENT AND

2 CREDENTIALING

3 For necessary expenses for the development and im4 plementation of screening programs of the Office of 

5 Transportation Threat Assessment and Credentialing, 

6 $49,490,000 (increased by $15,000,000), to remain avail7 able until September 30, 2009: Provided, That if the As8 sistant Secretary of Homeland Security (Transportation 

9 Security Administration) determines that the Secure 

10 Flight program does not need to check airline passenger 

11 names against the full terrorist watch list, then the Assist12 ant Secretary shall certify to the Committees on Appro13 priations of the Senate and the House of Representatives 

14 that no security risks are raised by screening airline pas15 senger names only against a subset of the full terrorist 

16 watch list. 

17 TRANSPORTATION SECURITY SUPPORT

18 For necessary expenses of the Transportation Secu19 rity Administration related to providing transportation se20 curity support and intelligence pursuant to the Aviation 

21 and Transportation Security Act (Public Law 107–71; 

22 115 Stat. 597; 49 U.S.C. 40101 note), $526,615,000, to 

23 remain available until September 30, 2009: Provided, 

24 That the Secretary of Homeland Security shall submit to 

25 the Committees on Appropriations of the Senate and the 

26 House of Representatives no later than 60 days after the 
25 

•HR 2638 EH 

1 date of enactment of this Acta detailed expenditure plan 

2 for checkpoint support and explosive detection systems re3 furbishment, procurement, and installations on an airport4 by-airport basis for fiscal year 2008: Provided, further, 

5 That notwithstanding any other provision of law, the ac6 quisition management system shall be subject to the provi7 sions of the Small Business Act (15 U.S.C. 631 et seq.). 

8 FEDERAL AIR MARSHALS

9 For necessary expenses of the Federal Air Marshals, 

10 $722,000,000. 

11 COAST GUARD

12 OPERATING EXPENSES

13 For necessary expenses for the operation and mainte14 nance of the Coast Guard not otherwise provided for; pur15 chase or lease of not to exceed 25 passenger motor vehi16 cles, which shall be for replacement only; payments pursu17 ant to section 156 of Public Law 97–377 (42 U.S.C. 402 

18 note; 96 Stat. 1920); and recreation and welfare; 

19 $5,885,242,000, of which $340,000,000 shall be for de20 fense-related activities; of which $24,500,000 shall be de21 rived from the Oil Spill Liability Trust Fund to carry out 

22 the purposes of section 1012(a)(5) of the Oil Pollution Act 

23 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex24 ceed $20,000 shall be for official reception and representa25 tion expenses: Provided, That none of the funds made 

26 available by this or any other Act shall be available for 
26 

•HR 2638 EH 

1 administrative expenses in connection with shipping com2 missioners in the United States: Provided further, That 

3 none of the funds made available by this Act shall be for 

4 expenses incurred for yacht documentation under section 

5 12114 of title 46, United States Code, except to the extent 

6 fees are collected from yacht owners and credited to this 

7 appropriation. 

8 ENVIRONMENTAL COMPLIANCE AND RESTORATION

9 For necessary expenses to carry out the environ10 mental compliance and restoration functions of the Coast 

11 Guard under chapter 19 of title 14, United States Code, 

12 $15,000,000, to remain available until expended. 

13 RESERVE TRAINING

14 For necessary expenses of the Coast Guard Reserve, 

15 as authorized by law; operations and maintenance of the 

16 reserve program; personnel and training costs; and equip17 ment and services; $126,883,000. 

18 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

19 (INCLUDING RESCISSIONS OF FUNDS)

20 For necessary expenses of acquisition, construction, 

21 renovation, and improvement of aids to navigation, shore 

22 facilities, vessels, and aircraft, including equipment related 

23 thereto; and maintenance, rehabilitation, lease and oper24 ation of facilities and equipment, as authorized by law; 

25 $941,767,000, of which $20,000,000 shall be derived from 

26 the Oil Spill Liability Trust Fund to carry out the pur-
27 

•HR 2638 EH 

1 poses of section 1012(a)(5) of the Oil Pollution Act of 

2 1990 (33 U.S.C. 2712(a)(5)); of which $9,200,000 shall 

3 be available until September 30, 2012, to acquire, repair, 

4 renovate, or improve vessels, small boats, and related 

5 equipment; of which $113,600,000 shall be available until 

6 September 30, 2010, for other equipment; of which 

7 $37,897,000 shall be available until September 30, 2010, 

8 for shore facilities and aids to navigation facilities; of 

9 which $82,720,000 shall be available for personnel com10 pensation and benefits and related costs; and of which 

11 $698,350,000 shall be available until September 30, 2012, 

12 for the Integrated Deepwater Systems program: Provided, 

13 That of the funds made available for the Integrated Deep14 water Systems program, $257,400,000 is for aircraft and 

15 $219,500,000 is for surface ships: Provided further, That 

16 $400,000,000 of the funds provided for the Integrated 

17 Deepwater Systems program may not be obligated until 

18 the Committees on Appropriations of the Senate and the 

19 House of Representatives receive and approve a plan for 

20 expenditure directly from the Coast Guard that— 

21 (1) defines activities, milestones, yearly costs, 

22 and lifecycle costs for each procurement of a major 

23 asset, including an independent cost estimate for 

24 each; 
28 

•HR 2638 EH 

1 (2) identifies lifecycle staffing and training 

2 needs of Coast Guard project managers and of pro3 curement and contract staff; 

4 (3) identifies competition to be conducted in 

5 each procurement; 

6 (4) describes procurement plans that do not 

7 rely on a single industry entity or contract; 

8 (5) contains very limited indefinite delivery/in9 definite quantity contracts and explains the need for 

10 any indefinite delivery/indefinite quantity contracts; 

11 (6) complies with all applicable acquisition 

12 rules, requirements, and guidelines, and incorporates 

13 the best systems acquisition management practices 

14 of the Federal Government; 

15 (7) complies with the capital planning and in16 vestment control requirements established by the Of17 fice of Management and Budget, including circular 

18 A–11, part 7; 

19 (8) includes a certification by the Head of Con20 tracting Activity for the Coast Guard and the Chief 

21 Procurement Officer of the Department of Home22 land Security that the Coast Guard has established 

23 sufficient controls and procedures and has sufficient 

24 staffing to comply with all contracting requirements 
29 

•HR 2638 EH 

1 and that any apparent conflicts of interest have been 

2 sufficiently addressed; 

3 (9) includes a description of the process used to 

4 act upon deviations from the contractually specified 

5 performance requirements and clearly explains the 

6 actions taken on such deviations; 

7 (10) includes a certification that the Assistant 

8 Commandant of the Coast Guard for Engineering 

9 and Logistics is designated as the technical author10 ity for all engineering, design, and logistics decisions 

11 pertaining to the Integrated Deepwater Systems pro12 gram; 

13 (11) identifies use of the Defense Contract Au14 diting Agency; and 

15 (12) is reviewed by the Government Account16 ability Office: 

17 Provided further, That the Commandant of the Coast 

18 Guard is authorized to dispose of surplus real property, 

19 by sale or lease, and the proceeds shall be credited to this 

20 appropriation as offsetting collections and shall be avail21 able until September 30, 2010: Provided further, That of 

22 amounts made available under this heading in Public Law 

23 109–90 for the Offshore Patrol Cutter, $68,841,000 is re24 scinded: Provided further, That of amounts made available 

25 under this heading in Public Law 109–90 and Public Law 
30 

•HR 2638 EH 

1 109–295 for unmanned aerial vehicles, $38,608,000 is re2 scinded: Provided further, That the Secretary of Homeland 

3 Security shall submit to the Committees on Appropria4 tions of the Senate and the House of Representatives, in 

5 conjunction with the President’s fiscal year 2009 budget, 

6 a review of the Revised Deepwater Implementation Plan 

7 that identifies any changes to the plan for the fiscal year; 

8 an annual performance comparison of Deepwater assets 

9 to pre-Deepwater legacy assets; a status report of legacy 

10 assets; a detailed explanation of how the costs of legacy 

11 assets are being accounted for within the Deepwater pro12 gram; and the earned value management system gold card 

13 data for each Deepwater asset: Provided further, That the 

14 Secretary shall submit to the Committees on Appropria15 tions of the Senate and the House of Representatives a 

16 comprehensive review of the Revised Deepwater Imple17 mentation Plan every five years, beginning in fiscal year 

18 2011, that includes a complete projection of the acquisi19 tion costs and schedule for the duration of the plan 

20 through fiscal year 2027: Provided further, That the Sec21 retary shall annually submit to the Committees on Appro22 priations of the Senate and the House of Representatives, 

23 at the time that the President’s budget is submitted under 

24 section 1105(a) of title 31, United States Code, a future- 
31 

•HR 2638 EH 

1 years capital investment plan for the Coast Guard that 

2 identifies for each capital budget line item— 

3 (1) the proposed appropriation included in that 

4 budget; 

5 (2) the total estimated cost of completion; 

6 (3) projected funding levels for each fiscal year 

7 for the next five fiscal years or until project comple8 tion, whichever is earlier; 

9 (4) an estimated completion date at the pro10 jected funding levels; and 

11 (5) changes, if any, in the total estimated cost 

12 of completion or estimated completion date from 

13 previous future-years capital investment plans sub14 mitted to the Committees on Appropriations of the 

15 Senate and the House of Representatives: 

16 Provided further, That the Secretary shall ensure that 

17 amounts specified in the future-years capital investment 

18 plan are consistent to the maximum extent practicable 

19 with proposed appropriations necessary to support the 

20 programs, projects, and activities of the Coast Guard in 

21 the President’s budget as submitted under section 1105(a) 

22 of title 31, United States Code, for that fiscal year: Pro23 vided further, That any inconsistencies between the capital 

24 investment plan and proposed appropriations shall be 

25 identified and justified. 
32 

•HR 2638 EH 

1 ALTERATION OF BRIDGES

2 For necessary expenses for alteration or removal of 

3 obstructive bridges, as authorized by section 6 of the Act 

4 of July 16, 1952 (chapter 409; 33 U.S.C. 516), 

5 $16,000,000, to remain available until expended. 

6 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

7 For necessary expenses for applied scientific re8 search, development, test, and evaluation; and for mainte9 nance, rehabilitation, lease, and operation of facilities and 

10 equipment; as authorized by law; $22,583,000 (reduced by 

11 $5,000,000), to remain available until expended, of which 

12 $500,000 shall be derived from the Oil Spill Liability 

13 Trust Fund to carry out the purposes of section 

14 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

15 2712(a)(5)): Provided, That there may be credited to and 

16 used for the purposes of this appropriation funds received 

17 from State and local governments, other public authori18 ties, private sources, and foreign countries for expenses 

19 incurred for research, development, testing, and evalua20 tion. 

21 RETIRED PAY

22 For retired pay, including the payment of obligations 

23 otherwise chargeable to lapsed appropriations for this pur24 pose, payments under the Retired Serviceman’s Family 

25 Protection and Survivor Benefits Plans, payment for ca26 reer status bonuses, concurrent receipts and combat-re-
33 

•HR 2638 EH 

1 lated special compensation under the National Defense 

2 Authorization Act, and payments for medical care of re3 tired personnel and their dependents under chapter 55 of 

4 title 10, United States Code, $1,184,720,000, to remain 

5 available until expended. 

6 UNITED STATES SECRET SERVICE

7 SALARIES AND EXPENSES

8 For necessary expenses of the United States Secret 

9 Service, including purchase of not to exceed 645 vehicles 

10 for police-type use for replacement only, and hire of pas11 senger motor vehicles; purchase of motorcycles made in 

12 the United States; hire of aircraft; services of expert wit13 nesses at such rates as may be determined by the Director 

14 of the Secret Service; rental of buildings in the District 

15 of Columbia, and fencing, lighting, guard booths, and 

16 other facilities on private or other property not in Govern17 ment ownership or control, as may be necessary to per18 form protective functions; payment of per diem or subsist19 ence allowances to employees where a protective assign20 ment during the actual day or days of the visit of a 

21 protectee requires an employee to work 16 hours per day 

22 or to remain overnight at a post of duty; conduct of and 

23 participation in firearms matches; presentation of awards; 

24 travel of United States Secret Service employees on pro25 tective missions without regard to the limitations on such 
34 

•HR 2638 EH 

1 expenditures in this or any other Act if approval is ob2 tained in advance from the Committees on Appropriations 

3 of the Senate and the House of Representatives; research 

4 and development; grants to conduct behavioral research in 

5 support of protective research and operations; and pay6 ment in advance for commercial accommodations as may 

7 be necessary to perform protective functions; 

8 $1,392,171,000, of which $853,690,000 is for protective 

9 missions and not to exceed $25,000 shall be for official 

10 reception and representation expenses: Provided, That up 

11 to $18,000,000 provided for protective travel shall remain 

12 available until September 30, 2009: Provided further, That 

13 the United States Secret Service is authorized to obligate 

14 funds in anticipation of reimbursements from Executive 

15 agencies, as defined in section 105 of title 5, United States 

16 Code, receiving training sponsored by the James J. 

17 Rowley Training Center, except that total obligations at 

18 the end of the fiscal year shall not exceed total budgetary 

19 resources available under this heading at the end of the 

20 fiscal year: Provided further, That none of the funds made 

21 available under this heading shall be available to com22 pensate any employee for overtime in an annual amount 

23 in excess of $35,000, except that the Secretary of Home24 land Security, or the designee of the Secretary, may waive 

25 that amount as necessary for national security purposes: 
35 

•HR 2638 EH 

1 Provided further, That notwithstanding section 503(b) of 

2 this Act, none of the funds provided to the United States 

3 Secret Service by this or any previous appropriations Act 

4 shall be available for obligation or expenditure for pro5 grams, projects, or activities through a reprogramming of 

6 funds in excess of $2,500,000 or 5 percent, whichever is 

7 less, that: (1) augments existing programs, projects, or ac8 tivities; (2) reduces by 5 percent funding for any existing 

9 program, project, or activity, or reduces by 5 percent num10 bers of personnel as approved by the Congress; or (3) re11 sults from any general savings from a reduction in per12 sonnel that would result in a change in existing programs, 

13 projects, or activities as approved by Congress; unless the 

14 Committees on Appropriations of the Senate and the 

15 House of Representatives are notified 15 days in advance 

16 of such reprogramming of funds. 

17 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

18 RELATED EXPENSES

19 For necessary expenses for acquisition, construction, 

20 repair, alteration, and improvement of facilities, 

21 $3,725,000, to remain available until expended. 
36 

•HR 2638 EH 

1 TITLE III—PROTECTION, PREPAREDNESS, 

2 RESPONSE AND RECOVERY 

3 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

4 MANAGEMENT AND ADMINISTRATION

5 For salaries and expenses of the immediate Office of 

6 the Under Secretary for National Protection and Pro7 grams, the National Protection Planning Office, support 

8 for operations, information technology, and Risk Manage9 ment and Analysis, $40,346,000: Provided, That not to 

10 exceed $5,000 shall be for official reception and represen11 tation expenses. 

12 INFRASTRUCTURE PROTECTION AND INFORMATION

13 SECURITY

14 For necessary expenses for infrastructure protection 

15 and information security programs and activities, as au16 thorized by title II of the Homeland Security Act of 2002 

17 (6 U.S.C. 121 et seq.), $532,881,000, of which 

18 $471,787,000 shall remain available until September 30, 

19 2009. 

20 UNITED STATES VISITOR AND IMMIGRANT STATUS

21 INDICATOR TECHNOLOGY

22 For necessary expenses for the development of the 

23 United States Visitor and Immigrant Status Indicator 

24 Technology project, as authorized by section 110 of the 

25 Illegal Immigration Reform and Immigrant Responsibility 

26 Act of 1996 (8 U.S.C. 1365a), $462,000,000, to remain 
37 

•HR 2638 EH 

1 available until expended: Provided, That of the total 

2 amount made available under this heading, $232,000,000 

3 may not be obligated for the United States Visitor and 

4 Immigrant Status Indicator Technology project until the 

5 Committees on Appropriations of the Senate and the 

6 House of Representatives receive and approve a plan for 

7 expenditure prepared by the Secretary of Homeland Secu8 rity that— 

9 (1) meets the capital planning and investment 

10 control review requirements established by the Office 

11 of Management and Budget, including Circular A– 

12 11, part 7; 

13 (2) complies with the Department of Homeland 

14 Security information systems enterprise architecture; 

15 (3) complies with the acquisition rules, require16 ments, guidelines, and systems acquisition manage17 ment practices of the Federal Government; 

18 (4) includes a certification by the Chief Infor19 mation Officer of the Department of Homeland Se20 curity that an independent verification and valida21 tion agent is currently under contract for the 

22 project; 

23 (5) is reviewed and approved by the Depart24 ment of Homeland Security Investment Review 
38 

•HR 2638 EH 

1 Board, the Secretary of Homeland Security, and the 

2 Office of Management and Budget; 

3 (6) is reviewed by the Government Account4 ability Office; 

5 (7) includes a comprehensive strategic plan for 

6 the United States Visitor and Immigrant Status In7 dicator Technology project; 

8 (8) includes a complete schedule for the full im9 plementation of a biometric exit program or a cer10 tification that such program is not possible within 

11 five years; and 

12 (9) includes a detailed accounting of operation 

13 and maintenance, contractor services, and program 

14 costs associated with the management of identity 

15 services: 

16 Provided further, That quarterly status reports on the 

17 US–VISIT program submitted to the Committees on Ap18 propriations of the Senate and House of Representatives 

19 shall include reporting on coordination with Western 

20 Hemisphere Travel Initiative planning and implementa21 tion, the Secure Border Initiative, and other Departmental 

22 efforts that relate to US–VISIT goals and activities. 

23 OFFICE OF HEALTH AFFAIRS

24 For the necessary expenses of the Office of Health 

25 Affairs, $117,933,000; of which $25,750,000 is for sala-
39 

•HR 2638 EH 

1 ries and expenses; and of which $92,183,000 is for bio2 surveillance, BioWatch, medical readiness planning, chem3 ical response, and other activities, to remain available until 

4 September 30, 2009: Provided, That not to exceed $3,000 

5 shall be for official reception and representation expenses. 

6 FEDERAL EMERGENCY MANAGEMENT AGENCY

7 MANAGEMENT AND ADMINISTRATION

8 For necessary expenses for management and admin9 istration of the Federal Emergency Management Agency, 

10 $685,000,000, including activities authorized by the Na11 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

12 seq.), the Robert T. Stafford Disaster Relief and Emer13 gency Assistance Act (42 U.S.C. 5121 et seq.), the Earth14 quake Hazards Reduction Act of 1977 (42 U.S.C. 7701 

15 et seq.), the Defense Production Act of 1950 (50 U.S.C. 

16 App. 2061 et seq.), sections 107 and 303 of the National 

17 Security Act of 1947 (50 U.S.C. 404, 405), Reorganiza18 tion Plan No. 3 of 1978 (5 U.S.C. App.), and the Home19 land Security Act of 2002 (6 U.S.C. 101 et seq.): Pro20 vided, That not to exceed $3,000 shall be for official recep21 tion and representation expenses: Provided further, That 

22 of the total amount made available under this heading, 

23 $35,000,000 shall be for Urban Search and Rescue, of 

24 which not to exceed $1,600,000 may be made available 

25 for administrative costs: Provided further, That no less 
40 

•HR 2638 EH 

1 than $6,000,000 shall be for the Office of the National 

2 Capital Region Coordination. 

3 STATE AND LOCAL PROGRAMS

4 For grants, contracts, cooperative agreements, and 

5 other activities, including grants to State and local govern6 ments for terrorism prevention activities, notwithstanding 

7 any other provision of law, $3,101,000,000 (increased by 

8 $50,000,000) (increased by $1,000,000) (increased by 

9 $50,000,000), which shall be allocated as follows: 

10 (1) $550,000,000 for formula-based grants and 

11 $400,000,000 for law enforcement terrorism preven12 tion grants pursuant to section 1014 of the USA 

13 PATRIOT ACT (42 U.S.C. 3714): Provided, That 

14 the application for grants shall be made available to 

15 States within 45 days after the date of enactment of 

16 this Act; that States shall submit applications within 

17 90 days after the grant announcement; and the Fed18 eral Emergency Management Agency shall act with19 in 90 days after receipt of an application: Provided 

20 further, That not less than 80 percent of any grant 

21 under this paragraph to a State or to Puerto Rico 

22 shall be made available by the State or Puerto Rico 

23 to local governments within 60 days after the receipt 

24 of the funds. 

25 (2) $1,858,000,000 (increased by $50,000,000) 

26 (increased by $50,000,000) for discretionary grants, 
41 

•HR 2638 EH 

1 as determined by the Secretary of Homeland Secu2 rity, of which— 

3 (A) $800,000,000 (increased by 

4 $50,000,000) shall be for use in high-threat, 

5 high-density urban areas; 

6 (B) $400,000,000 shall be for port security 

7 grants pursuant to section 70107 of title 46, 

8 United States Code; 

9 (C) $10,000,000 shall be for trucking in10 dustry security grants; 

11 (D) $11,000,000 shall be for intercity bus 

12 security grants; 

13 (E) $400,000,000 shall be for intercity rail 

14 passenger transportation (as defined in section 

15 24102 of title 49, United States Code), freight 

16 rail, and transit security grants; 

17 (F) $50,000,000 (increased by 

18 $50,000,000) shall be for buffer zone protection 

19 grants; 

20 (G) $20,000,000 shall be for Commercial 

21 Equipment Direct Assistance grants; 

22 (H) $50,000,000 shall be for Metropolitan 

23 Medical Response System grants; 

24 (I) $17,000,000 shall be for Citizen Corps 

25 grants; 
42 

•HR 2638 EH 

1 (J) $50,000,000 shall be for interoperable 

2 communications grants; and 

3 (K) $50,000,000 shall be for Real ID 

4 grants pursuant to Public Law 109–13: 

5 Provided, That for grants under subparagraph (A), 

6 the application for grants shall be made available to 

7 States within 45 days after the date of enactment of 

8 this Act; that States shall submit applications within 

9 90 days after the grant announcement; and that the 

10 Federal Emergency Management Agency shall act 

11 within 90 days after receipt of an application: Pro12 vided further, That no less than 80 percent of any 

13 grant under this paragraph to a State shall be made 

14 available by the State to local governments within 60 

15 days after the receipt of the funds: Provided further, 

16 That for grants under subparagraphs (B) through 

17 (K), the applications for such grants shall be made 

18 available for competitive award to eligible applicants 

19 not later than 75 days after the date of enactment 

20 of this Act, that eligible applicants shall submit ap21 plications not later than 45 days after the date of 

22 the grant announcement, and that the Federal 

23 Emergency Management Agency shall act on such 

24 applications not later than 60 days after the date on 

25 which such an application is received. 
43 

•HR 2638 EH 

1 (3) $293,000,000 for training, exercises, tech2 nical assistance, and other programs: 

3 Provided, That none of the grants provided under this 

4 heading shall be used for the construction or renovation 

5 of facilities, except for emergency operations centers: Pro6 vided further, That the preceding proviso shall not apply 

7 to grants under subparagraphs (B), (C), (D), (F), (G), 

8 (H), (I), (J), and (K) of paragraph (2) of this heading: 

9 Provided further, That grantees shall provide additional 

10 reports on their use of funds, as determined necessary by 

11 the Secretary of Homeland Security: Provided further, 

12 That funds appropriated for law enforcement terrorism 

13 prevention grants under paragraph (1) of this heading and 

14 discretionary grants under paragraph (2)(A) of this head15 ing shall be available for operational costs, including per16 sonnel overtime and overtime associated with certified 

17 training, as needed. 

18 FIREFIGHTER ASSISTANCE GRANTS

19 For grants authorized by the Federal Fire Prevention 

20 and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

21 $800,000,000, of which $570,000,000 shall be available 

22 to carry out section 33 of that Act (15 U.S.C. 2229) and 

23 $230,000,000 shall be available to carry out section 34 

24 of that Act (15 U.S.C. 2229a), to remain available until 

25 September 30, 2009: Provided, That not to exceed 5 per-
44 

•HR 2638 EH 

1 cent of the amount available under this heading shall be 

2 available for program administration. 

3 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

4 For necessary expenses for emergency management 

5 performance grants, as authorized by the National Flood 

6 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob7 ert T. Stafford Disaster Relief and Emergency Assistance 

8 Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 

9 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re10 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

11 $300,000,000: Provided, That grants provided under this 

12 heading shall be distributed based on the formula used 

13 by the Department of Homeland Security in fiscal year 

14 2007: Provided further, That total administrative costs 

15 shall not exceed 3 percent of the total amount appro16 priated under this heading. 

17 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

18 The aggregate charges assessed during fiscal year 

19 2008, as authorized in title III of the Departments of Vet20 erans Affairs and Housing and Urban Development, and 

21 Independent Agencies Appropriations Act, 1999 (42 

22 U.S.C. 5196e), shall not be less than 100 percent of the 

23 amount the Secretary of Homeland Security anticipates 

24 is necessary for the radiological emergency preparedness 

25 program of the Department of Homeland Security for the 

26 next fiscal year: Provided, That the methodology for the 
45 

•HR 2638 EH 

1 assessment and collection of fees shall be fair and equi2 table and shall reflect the cost of providing such services, 

3 including the administrative cost of collecting such fees: 

4 Provided further, That fees received under this heading 

5 shall be deposited in this account as offsetting collections 

6 and shall become available for authorized purposes on Oc7 tober 1, 2008, and remain available until expended. 

8 UNITED STATES FIRE ADMINISTRATION

9 For necessary expenses of the United States Fire Ad10 ministration and for other purposes, as authorized by the 

11 Federal Fire Prevention and Control Act of 1974 (15 

12 U.S.C. 2201 et seq.) and the Homeland Security Act of 

13 2002 (6 U.S.C. 101 et seq.), $43,300,000. 

14 DISASTER RELIEF

15 For necessary expenses in carrying out the Robert 

16 T. Stafford Disaster Relief and Emergency Assistance Act 

17 (42 U.S.C. 5121 et seq.), $1,700,000,000, to remain avail18 able until expended. 

19 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

20 For activities under section 319 of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance Act 

22 (42 U.S.C. 5162), $875,000, of which $580,000 is for ad23 ministrative expenses to carry out the direct loan program 

24 under that section and $295,000 is for the cost of direct 

25 loans: Provided, That gross obligations for the principal 

26 amount of direct loans under that section shall not exceed 
46 

•HR 2638 EH 

1 $25,000,000: Provided further, That the cost of a modi2 fication of such a loan shall be as defined in section 

3 502(5)(D) of the Congressional Budget Act of 1974 (2 

4 U.S.C. 661a). 

5 FLOOD MAP MODERNIZATION FUND

6 For necessary expenses under section 1360 of the 

7 National Flood Insurance Act of 1968 (42 U.S.C. 4101), 

8 $230,000,000, and such additional sums as may be pro9 vided by State and local governments or other political 

10 subdivisions for cost-shared mapping activities under sub11 section (f) of such section, to remain available until ex12 pended: Provided, That total administrative costs shall not 

13 exceed 3 percent of the total amount appropriated under 

14 this heading. 

15 NATIONAL FLOOD INSURANCE FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For activities under the National Flood Insurance 

18 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis19 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

20 $145,000,000, which is available as follows: (1) not to ex21 ceed $45,642,000 for salaries and expenses associated 

22 with flood mitigation and flood insurance operations; and 

23 (2) no less than $99,358,000 for flood hazard mitigation, 

24 which shall be derived from offsetting collections assessed 

25 and collected under section 1307 of the National Flood 

26 Insurance Act of 1968 (42 U.S.C. 4014), to remain avail-
47 

•HR 2638 EH 

1 able until September 30, 2009, including up to 

2 $34,000,000 for flood mitigation expenses under section 

3 1366 of that Act (42 U.S.C. 4104c), which shall be avail4 able for transfer to the National Flood Mitigation Fund 

5 under section 1367 of that Act (42 U.S.C. 4104) until 

6 September 30, 2009: Provided, That any additional fees 

7 collected pursuant to section 1307 of that Act shall be 

8 credited as an offsetting collection to this account, to be 

9 available for flood hazard mitigation expenses: Provided 

10 further, That in fiscal year 2008, no funds shall be avail11 able from the National Flood Insurance Fund under sec12 tion 1310 of that Act (42 U.S.C. 4017) in excess of: (1) 

13 $70,000,000 for operating expenses; (2) $773,772,000 for 

14 commissions and taxes of agents; (3) such sums as are 

15 necessary for interest on Treasury borrowings; and (4) 

16 $90,000,000 for flood mitigation actions with respect to 

17 severe repetitive loss properties under section 1361A of 

18 that Act (42 U.S.C. 4102a) and repetitive insurance 

19 claims properties under section 1323 of that Act (42 

20 U.S.C. 4030), which shall remain available until expended: 

21 Provided further, That total administrative costs shall not 

22 exceed 4 percent of the total appropriation. 

23 NATIONAL FLOOD MITIGATION FUND

24 (INCLUDING TRANSFER OF FUNDS)

25 Notwithstanding subparagraphs (B) and (C) of sub26 section (b)(3), and subsection (f), of section 1366 of the 
48 

•HR 2638 EH 

1 National Flood Insurance Act of 1968 (42 U.S.C. 4104c), 

2 $34,000,000, to remain available until September 30, 

3 2009, for activities designed to reduce the risk of flood 

4 damage to structures pursuant to such Act, of which 

5 $34,000,000 shall be derived from the National Flood In6 surance Fund under section 1310 of that Act (42 U.S.C. 

7 4017). 

8 NATIONAL PRE-DISASTER MITIGATION FUND

9 For a predisaster mitigation grant program under 

10 title II of the Robert T. Stafford Disaster Relief and 

11 Emergency Assistance Act (42 U.S.C. 5131 et seq.), 

12 $120,000,000, to remain available until expended: Pro13 vided, That grants made for predisaster mitigation shall 

14 be awarded on a competitive basis subject to the criteria 

15 in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro16 vided further, That the total administrative costs associ17 ated with such grants shall not exceed 3 percent of the 

18 total amount made available under this heading. 

19 EMERGENCY FOOD AND SHELTER

20 To carry out an emergency food and shelter program 

21 pursuant to title III of the McKinney-Vento Homeless As22 sistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to 

23 remain available until expended: Provided, That total ad24 ministrative costs shall not exceed 3.5 percent of the total 

25 amount made available under this heading. 
49 

•HR 2638 EH 

1 TITLE IV—RESEARCH AND DEVELOPMENT, 

2 TRAINING, AND SERVICES 

3 UNITED STATES CITIZENSHIP AND IMMIGRATION

4 SERVICES

5 For necessary expenses for citizenship and immigra6 tion services, $30,000,000: Provided, That collections 

7 made pursuant to 8 U.S.C. 1356(u) may not be obligated 

8 until the Committees on Appropriations of the Senate and 

9 the House of Representatives, and the Committee on the 

10 Judiciary of the House of Representatives, receive a stra11 tegic transformation plan for United States Citizenship 

12 and Immigration Services that has been reviewed and ap13 proved by the Secretary of Homeland Security and re14 viewed by the Government Accountability Office. 

15 FEDERAL LAW ENFORCEMENT TRAINING CENTER

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Law Enforce18 ment Training Center under section 884 of the Homeland 

19 Security Act of 2002 (6 U.S.C. 464), including materials 

20 and support costs of Federal law enforcement basic train21 ing; purchase of not to exceed 117 vehicles for police-type 

22 use and hire of passenger motor vehicles; expenses for stu23 dent athletic and related activities; the conduct of and par24 ticipation in firearms matches and presentation of awards; 

25 public awareness and enhancement of community support 
50 

•HR 2638 EH 

1 of law enforcement training; room and board for student 

2 interns; a flat monthly reimbursement to employees au3 thorized to use personal mobile phones for official duties; 

4 and services as authorized by section 3109 of title 5, 

5 United States Code, $219,786,000, of which up to 

6 $43,910,000 shall remain available until September 30, 

7 2008 for materials and support costs of Federal law en8 forcement basic training; of which $300,000 shall remain 

9 available until expended for Federal law enforcement 

10 agencies participating in training accreditation, to be dis11 tributed as determined by the Federal Law Enforcement 

12 Training Center for the needs of participating agencies; 

13 and of which not to exceed $12,000 shall be for official 

14 reception and representation expenses: Provided, That sec15 tion 1202(a) of Public Law 107–206 (42 U.S.C. 3771 

16 note) is amended by striking ‘‘December 31, 2007’’ and 

17 inserting ‘‘December 31, 2008’’. 

18 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

19 RELATED EXPENSES

20 For acquisition of necessary additional real property 

21 and facilities, construction, and ongoing maintenance, fa22 cility improvements, and related expenses of the Federal 

23 Law Enforcement Training Center, $43,270,000, to re24 main available until expended: Provided, That the Center 

25 is authorized to accept reimbursement to this appropria-
51 

•HR 2638 EH 

1 tion from Government agencies requesting the construc2 tion of special use facilities. 

3 SCIENCE AND TECHNOLOGY

4 MANAGEMENT AND ADMINISTRATION

5 For salaries and expenses of the Office of the Under 

6 Secretary for Science and Technology and for manage7 ment and administration of programs and activities, as 

8 authorized by title III of the Homeland Security Act of 

9 2002 (6 U.S.C. 181 et seq.), $130,787,000: Provided, 

10 That not to exceed $10,000 shall be for official reception 

11 and representation expenses. 

12 RESEARCH, DEVELOPMENT, ACQUISITION AND

13 OPERATIONS

14 For necessary expenses for science and technology re15 search, including advanced research projects; development; 

16 test and evaluation; acquisition; and operations; as author17 ized by title III of the Homeland Security Act of 2002 

18 (6 U.S.C. 181 et seq.); $646,325,000, to remain available 

19 until expended: Provided, That none of the funds made 

20 available under this heading shall be obligated for the 

21 Analysis, Dissemination, Visualization, Insight, and Se22 mantic Enhancement program until the Secretary of 

23 Homeland Security completes a Privacy Impact Assess24 ment. 
52 

•HR 2638 EH 

1 DOMESTIC NUCLEAR DETECTION OFFICE

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Domestic Nuclear 

4 Detection Office as authorized by the second title XVIII 

5 of the Homeland Security Act of 2002 and for manage6 ment and administration of programs and activities, 

7 $31,176,000: Provided, That not to exceed $3,000 shall 

8 be for official reception and representation expenses. 

9 RESEARCH, DEVELOPMENT, AND OPERATIONS

10 For necessary expenses for radiological and nuclear 

11 research, development, testing, evaluation and operations, 

12 $316,900,000, to remain available until expended. 

13 SYSTEMS ACQUISITION

14 For expenses for the Domestic Nuclear Detection Of15 fice acquisition and deployment of radiological detection 

16 systems in accordance with the global nuclear detection 

17 architecture, $168,000,000 (increased by $40,000,000), to 

18 remain available until September 30, 2010: Provided, 

19 That none of the funds appropriated under this heading 

20 shall be obligated for full-scale procurement of Advanced 

21 Spectroscopic Portal Monitors until the Secretary of 

22 Homeland Security submits to the Committees on Appro23 priations of the Senate and the House of Representatives 

24 a report certifying that a significant increase in oper25 ational effectiveness will be achieved by that procurement. 
53 

•HR 2638 EH 

1 TITLE V—GENERAL PROVISIONS 

2 SEC. 501. No part of any appropriation contained in 

3 this Act shall remain available for obligation beyond the 

4 current fiscal year unless expressly so provided herein. 

5 SEC. 502. Subject to the requirements of section 503 

6 of this Act, the unexpended balances of prior appropria7 tions provided for activities in this Act may be transferred 

8 to appropriation accounts for such activities established 

9 pursuant to this Act: Provided, That balances so trans10 ferred may be merged with funds in the applicable estab11 lished accounts and thereafter may be accounted for as 

12 one fund for the same time period as originally enacted. 

13 SEC. 503. (a) None of the funds provided by this Act, 

14 provided by previous appropriations Acts to the agencies 

15 in or transferred to the Department of Homeland Security 

16 that remain available for obligation or expenditure in fiscal 

17 year 2008, or provided from any accounts in the Treasury 

18 of the United States derived by the collection of fees avail19 able to the agencies funded by this Act, shall be available 

20 for obligation or expenditure through a reprogramming of 

21 funds that: (1) creates a new program; (2) eliminates a 

22 program, project, office, or activity; (3) increases funds 

23 for any program, project, or activity for which funds have 

24 been denied or restricted by the Congress; (4) proposes 

25 to use funds directed for a specific activity by either of 
54 

•HR 2638 EH 

1 the Committees on Appropriations of the Senate or House 

2 of Representatives for a different purpose; or (5) enters 

3 into a contract for the performance of any function or ac4 tivity for which funds have been appropriated for Federal 

5 full-time equivalent positions; unless the Committees on 

6 Appropriations of the Senate and the House of Represent7 atives are notified 15 days in advance of such reprogram8 ming of funds. 

9 (b) None of the funds provided by this Act, provided 

10 by previous appropriations Acts to the agencies in or 

11 transferred to the Department of Homeland Security that 

12 remain available for obligation or expenditure in fiscal 

13 year 2008, or provided from any accounts in the Treasury 

14 of the United States derived by the collection of fees avail15 able to the agencies funded by this Act, shall be available 

16 for obligation or expenditure for programs, projects, or ac17 tivities through a reprogramming of funds in excess of 

18 $5,000,000 or 10 percent, whichever is less, that: (1) aug19 ments existing programs, projects, or activities; (2) re20 duces by 10 percent or more the total amount of funding 

21 for any existing program, project, or activity, or numbers 

22 of personnel by 10 percent or more as approved by the 

23 Congress; or (3) results from any general savings from 

24 a reduction in personnel that would result in a change in 

25 existing programs, projects, or activities as approved by 
55 

•HR 2638 EH 

1 the Congress; unless the Committees on Appropriations of 

2 the Senate and the House of Representatives are notified 

3 15 days in advance of such reprogramming of funds. 

4 (c) Not to exceed 5 percent of any appropriation 

5 made available for the current fiscal year for the Depart6 ment of Homeland Security by this Act or provided by 

7 previous appropriations Acts may be transferred between 

8 such appropriations, but no such appropriations, except 

9 as otherwise specifically provided, shall be increased by 

10 more than 10 percent by such transfers: Provided, That 

11 any transfer under this section shall be treated as a re12 programming of funds under subsection (b) and shall not 

13 be available for obligation unless the Committees on Ap14 propriations of the Senate and the House of Representa15 tives are notified 15 days in advance of such transfer. 

16 (d) Notwithstanding subsections (a), (b), and (c), no 

17 funds shall be reprogrammed within or transferred be18 tween appropriations after June 30, 2008, except in ex19 traordinary circumstances which imminently threaten the 

20 safety of human life or the protection of property. 

21 SEC. 504. None of the funds appropriated or other22 wise made available to the Department of Homeland Secu23 rity may be used to make payments to the ‘‘Department 

24 of Homeland Security Working Capital Fund’’, except for 

25 the activities and amounts allowed in the President’s fiscal 
56 

•HR 2638 EH 

1 year 2008 budget, excluding sedan service, shuttle service, 

2 transit subsidy, mail operations, parking, and competitive 

3 sourcing: Provided, That any additional activities and 

4 amounts shall be approved by the Committees on Appro5 priations of the Senate and the House of Representatives 

6 30 days in advance of obligation. 

7 SEC. 505. Except as otherwise specifically provided 

8 by law, not to exceed 50 percent of unobligated balances 

9 remaining available at the end of fiscal year 2008 from 

10 appropriations for salaries and expenses for fiscal year 

11 2008 in this Act shall remain available through September 

12 30, 2009, in the account and for the purposes for which 

13 the appropriations were provided: Provided, That prior to 

14 the obligation of such funds, a request shall be submitted 

15 to the Committees on Appropriations of the Senate and 

16 the House of Representatives for approval in accordance 

17 with section 503 of this Act. 

18 SEC. 506. Funds made available by this Act for intel19 ligence activities are deemed to be specifically authorized 

20 by the Congress for purposes of section 504 of the Na21 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

22 year 2008 until the enactment of an Act authorizing intel23 ligence activities for fiscal year 2008. 

24 SEC. 507. The Federal Law Enforcement Training 

25 Accreditation Board shall lead the Federal law enforce-
57 

•HR 2638 EH 

1 ment training accreditation process, to include representa2 tives from the Federal law enforcement community and 

3 non-Federal accreditation experts involved in law enforce4 ment training, to continue the implementation of meas5 uring and assessing the quality and effectiveness of Fed6 eral law enforcement training programs, facilities, and in7 structors. 

8 SEC. 508. None of the funds in this Act may be used 

9 to make grant allocations, discretionary grant awards, dis10 cretionary contract awards, or to issue a letter of intent 

11 totaling in excess of $1,000,000, or to announce publicly 

12 the intention to make such awards, unless the Secretary 

13 of Homeland Security notifies the Committees on Appro14 priations of the Senate and the House of Representatives 

15 at least three full business days in advance: Provided, That 

16 no notification shall involve funds that are not available 

17 for obligation: Provided further, That the Administrator 

18 of the Federal Emergency Management Agency shall brief 

19 the Committees on Appropriations of the Senate and the 

20 House of Representatives 5 full business days in advance 

21 of announcing publicly the intention of making an award 

22 of formula-based grants, law enforcement terrorism pre23 vention grants, or high-threat, high-density urban areas 

24 grants: Provided further, That such notification shall in-
58 

•HR 2638 EH 

1 clude a description of the project or projects to be funded 

2 including the city, county, and State. 

3 SEC. 509. Notwithstanding any other provision of 

4 law, no agency shall purchase, construct, or lease any ad5 ditional facilities, except within or contiguous to existing 

6 locations, to be used for the purpose of conducting Federal 

7 law enforcement training without the advance approval of 

8 the Committees on Appropriations of the Senate and the 

9 House of Representatives, except that the Federal Law 

10 Enforcement Training Center is authorized to obtain the 

11 temporary use of additional facilities by lease, contract, 

12 or other agreement for training which cannot be accommo13 dated in existing Center facilities. 

14 SEC. 510. The Director of the Federal Law Enforce15 ment Training Center shall schedule basic or advanced law 

16 enforcement training at all four training facilities under 

17 the control of the Federal Law Enforcement Training 

18 Center to ensure that these training centers are operated 

19 at the highest capacity throughout the fiscal year. 

20 SEC. 511. None of the funds appropriated or other21 wise made available by this Act may be used for expenses 

22 for any construction, repair, alteration, or acquisition 

23 project for which a prospectus, if required under chapter 

24 33 of title 40, United States Code, has not been approved, 

25 except that necessary funds may be expended for each 
59 

•HR 2638 EH 

1 project for required expenses for the development of a pro2 posed prospectus. 

3 SEC. 512. None of the funds in this Act may be used 

4 in contravention of the applicable provisions of the Buy 

5 American Act (41 U.S.C. 10a et seq.). 

6 SEC. 513. (a) None of the funds provided by this or 

7 previous appropriations Acts may be obligated for deploy8 ment or implementation, on other than a test basis, of the 

9 Secure Flight program or any other follow on or successor 

10 passenger prescreening program, until the Secretary of 

11 Homeland Security certifies, and the Government Ac12 countability Office reports, to the Committees on Appro13 priations of the Senate and the House of Representatives, 

14 that all 10 conditions under paragraphs (1) through (10) 

15 of section 522(a) of the Department of Homeland Security 

16 Appropriations Act, 2005 (Public Law 108–334; 118 Stat. 

17 1319) have been successfully met. 

18 (b) The report required by subsection (a) shall be 

19 submitted within 90 days after the Secretary provides the 

20 requisite certification, and periodically thereafter, if nec21 essary, until the Government Accountability Office con22 firms that all ten conditions have been successfully met. 

23 (c) Within 90 days after the date of enactment of 

24 this Act, the Secretary of Homeland Security shall submit 

25 to the Committees on Appropriations of the Senate and 
60 

•HR 2638 EH 

1 the House of Representatives a detailed plan that de2 scribes: (1) the dates for achieving key milestones, includ3 ing the date or timeframes that the Secretary will certify 

4 the program under subsection (a); and (2) the method5 ology to be followed to support the Secretary’s certifi6 cation, as required under subsection (a). 

7 (d) During the testing phase permitted by subsection 

8 (a), no information gathered from passengers, foreign or 

9 domestic air carriers, or reservation systems may be used 

10 to screen aviation passengers, or delay or deny boarding 

11 to such passengers, except in instances where passenger 

12 names are matched to a Government watch list. 

13 (e) None of the funds provided in this or any other 

14 Act to any part of the Department of Homeland Security 

15 may be utilized to develop or test algorithms assigning risk 

16 to passengers whose names are not on Government watch 

17 lists. 

18 (f) None of the funds provided in this or any other 

19 Act may be used for data or a database that is obtained 

20 from or remains under the control of a non-Federal entity: 

21 Provided, That this restriction shall not apply to Pas22 senger Name Record data obtained from air carriers. 

23 SEC. 514. None of the funds appropriated by this Act 

24 may be used to process or approve a competition under 

25 Office of Management and Budget Circular A–76 for serv-
61 

•HR 2638 EH 

1 ices provided as of June 1, 2004, by employees (including 

2 employees serving on a temporary or term basis) of United 

3 States Citizenship and Immigration Services of the De4 partment of Homeland Security who are known as of that 

5 date as Immigration Information Officers, Contact Rep6 resentatives, or Investigative Assistants. 

7 SEC. 515. None of the funds appropriated to the 

8 United States Secret Service by this or any other Act may 

9 be made available for the protection of the head of a Fed10 eral agency other than the Secretary of Homeland Secu11 rity: Provided, That the Director of the United States Se12 cret Service may enter into an agreement to perform such 

13 a service on a fully reimbursable basis. 

14 SEC. 516. (a) Section 513 of the Department of 

15 Homeland Security Appropriations Act, 2005, is amended 

16 by striking ‘‘triple’’ and inserting ‘‘double’’. 

17 (b) The amendment made by subsection (a) shall 

18 apply to the percentage of cargo inspected as required by 

19 Security Directives in effect as of the date of enactment 

20 of this Act. 

21 SEC. 517. (a) The Secretary of Homeland Security 

22 shall research, develop, and procure new technologies to 

23 inspect and screen air cargo carried on passenger aircraft 

24 at the earliest date possible. 
62 

•HR 2638 EH 

1 (b) Existing checked baggage explosive detection 

2 equipment and screeners shall be used to screen air cargo 

3 carried on passenger aircraft to the greatest extent prac4 ticable at each airport until technologies developed under 

5 subsection (a) are available. 

6 (c) Not later than 45 days after the end of the quar7 ter, the Transportation Security Administration shall sub8 mit to the Committees on Appropriations of the Senate 

9 and the House of Representatives a report on air cargo 

10 inspection statistics by airport and air carrier, including 

11 any reason for non-compliance with section 516. 

12 SEC. 518. None of the funds made available in this 

13 Act may be used by any person other than the Privacy 

14 Officer appointed under section 222 of the Homeland Se15 curity Act of 2002 (6 U.S.C. 142) to alter, direct that 

16 changes be made to, delay, or prohibit the transmission 

17 to Congress of any report prepared under paragraph (6) 

18 of such section. 

19 SEC. 519. No funding provided in this or any other 

20 Act shall be available to pay the salary of any employee 

21 serving as a contracting officer’s technical representative 

22 (COTR), or anyone acting in a similar capacity, who has 

23 not received COTR training. 

24 SEC. 520. Except as provided in section 44945 of title 

25 49, United States Code, funds appropriated or transferred 
63 

•HR 2638 EH 

1 to Transportation Security Administration ‘‘Aviation Se2 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

3 Support’’ for fiscal years 2004, 2005, 2006, and 2007 

4 that are recovered or deobligated shall be available only 

5 for the procurement or installation of explosive detection 

6 systems, for air cargo, baggage, and checkpoint screening 

7 systems, subject to notification: Provided, That quarterly 

8 reports shall be submitted to the Committees on Appro9 priations of the Senate and the House of Representatives 

10 on any funds that are recovered or deobligated. 

11 SEC. 521. Section 525 of the Department of Home12 land Security Appropriations Act, 2007 (Public Law 109– 

13 295), is amended— 

14 (1) in subsection (a)(2)(A) by inserting ‘‘identi15 fies and describes the specific risk to the national 

16 transportation system and therefore’’ after ‘‘infor17 mation’’; 

18 (2) in subsection (d) by striking ‘‘like that’’ and 

19 inserting ‘‘identical to those’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(e) For the purposes of this section, the term ‘par22 ty’s counsel’ includes any employee who assists counsel in 

23 legal proceedings and who is so designated by counsel and 

24 approved by the judge overseeing the legal proceedings.’’. 
64 

•HR 2638 EH 

1 SEC. 522. The Department of Homeland Security 

2 Working Capital Fund, established pursuant to section 

3 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

4 continue operations during fiscal year 2008. 

5 SEC. 523. (a) The report required by Public Law 

6 109–62 and Public Law 109–90 detailing the allocation 

7 and obligation of funds for ‘‘Disaster Relief’’ shall here8 after be submitted monthly and include: (1) status of the 

9 Disaster Relief Fund including obligations, allocations, 

10 and amounts undistributed/unallocated; (2) allocations, 

11 obligations, and expenditures for Hurricanes Katrina, 

12 Rita, and Wilma; (3) information on national flood insur13 ance claims; (4) information on manufactured housing 

14 data; (5) information on hotel and motel data; (6) obliga15 tions, allocations, and expenditures by State for unemploy16 ment, crisis counseling, inspections, housing assistance, 

17 manufactured housing, public assistance, and individual 

18 assistance; (7) mission assignment obligations by agency, 

19 including: (A) the amounts reimbursed to other agencies 

20 that are in suspense because the Federal Emergency Man21 agement Agency has not yet reviewed and approved the 

22 documentation supporting the expenditure; and (B) a dis23 claimer if the amounts of reported obligations and expend24 itures do not reflect the status of such obligations and ex25 penditures from a government-wide perspective; (8) the 
65 

•HR 2638 EH 

1 amount of credit card purchases by agency and mission 

2 assignment; (9) specific reasons for all waivers granted 

3 and a description of each waiver; and (10) a list of all 

4 contracts that were awarded on a sole source or limited 

5 competition basis, including the dollar amount, the pur6 pose of the contract and the reason for the lack of com7 petitive award. 

8 (b) The Secretary of Homeland Security shall, at 

9 least quarterly, obtain and report from each agency per10 forming mission assignments each such agency’s actual 

11 obligation and expenditure data and include such data in 

12 the report referred to in subsection (a). 

13 (c) For any request for reimbursement from a Fed14 eral agency to the Department of Homeland Security to 

15 cover expenditures under the Robert T. Stafford Disaster 

16 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

17 seq.), or any mission assignment orders issued by the De18 partment of Homeland Security for such purposes, the 

19 Secretary of Homeland Security shall take appropriate 

20 steps to ensure that each agency is periodically reminded 

21 of Department of Homeland Security policies on— 

22 (1) the detailed information required in sup23 porting documentation for reimbursements; and 

24 (2) the necessity for timeliness of agency bil25 lings. 
66 

•HR 2638 EH 

1 SEC. 524. Within 45 days after the close of each 

2 month, the Chief Financial Officer of the Department of 

3 Homeland Security shall submit to the Committees on Ap4 propriations of the Senate and the House of Representa5 tives a monthly budget and staffing report that includes 

6 total obligations and on-board versus funded full-time 

7 equivalent staffing levels. 

8 SEC. 525. Section 532(a) of Public Law 109–295 is 

9 amended by striking ‘‘2007’’ and inserting ‘‘2008’’. 

10 SEC. 526. None of the funds made available by this 

11 Act shall be used in contravention of the Federal buildings 

12 performance and reporting requirements of Executive 

13 Order No. 13123, part 3 of title V of the National Energy 

14 Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub15 title A of title I of the Energy Policy Act of 2005 (includ16 ing the amendments made thereby). 

17 SEC. 527. The functions of the Federal Law Enforce18 ment Training Center instructor staff shall be classified 

19 as inherently governmental for the purpose of the Federal 

20 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

21 note). 

22 SEC. 528. None of the funds made available in this 

23 Act may be used in contravention of section 303 of the 

24 Energy Policy Act of 1992 (42 U.S.C. 13212). 
67 

•HR 2638 EH 

1 SEC. 529. None of the funds made available by this 

2 Act may be used to take an action that would violate Exec3 utive Order No. 13149 (65 Fed. Reg. 24607; relating to 

4 greening the Government through Federal fleet and trans5 portation efficiency). 

6 SEC. 530. (a) IN GENERAL.—Any contract, sub7 contract, task or delivery order described in subsection (b) 

8 shall contain the following: 

9 (1) A requirement for a technical review of all 

10 designs, design changes, and engineering change 

11 proposals, and a requirement to specifically address 

12 all engineering concerns identified in the review be13 fore the obligation of further funds may occur. 

14 (2) A requirement that the Coast Guard main15 tain technical warrant holder authority, or the equiv16 alent, for major assets. 

17 (3) A requirement that no procurement subject 

18 to subsection (b) for lead asset production or the im19 plementation of a major design change shall be en20 tered into unless an independent third party with no 

21 financial interest in the development, construction, 

22 or modification of any component of the asset, se23 lected by the Commandant of the Coast Guard, de24 termines that such action is advisable. 
68 

•HR 2638 EH 

1 (4) A requirement for independent life-cycle 

2 cost estimates of lead assets and major design and 

3 engineering changes. 

4 (5) A requirement for the measurement of con5 tractor and subcontractor performance based on the 

6 status of all work performed. For contracts under 

7 the Integrated Deepwater Systems program, such 

8 requirement shall include a provision that links 

9 award fees to successful acquisition outcomes (which 

10 shall be defined in terms of cost, schedule, and per11 formance). 

12 (6) A requirement that the Commandant of the 

13 Coast Guard assign an appropriate officer or em14 ployee of the Coast Guard to act as chair of each in15 tegrated product team and higher-level team as16 signed to the oversight of each integrated product 

17 team. 

18 (7) A requirement that the Commandant of the 

19 Coast Guard may not award or issue any contract, 

20 task or delivery order, letter contract modification 

21 thereof, or other similar contract, for the acquisition 

22 or modification of an asset under a procurement 

23 subject to subsection (b) unless the Coast Guard and 

24 the contractor concerned have formally agreed to all 

25 terms and conditions or the head of contracting ac-
69 

•HR 2638 EH 

1 tivity of the Coast Guard determines that a compel2 ling need exists for the award or issue of such in3 strument. 

4 (b) CONTRACTS, SUBCONTRACTS, TASK AND DELIV5 ERY ORDERS COVERED.—Subsection (a) applies to— 

6 (1) any major procurement contract, first-tier 

7 subcontract, delivery or task order entered into by 

8 the Coast Guard; 

9 (2) any first-tier subcontract entered into under 

10 such a contract; and 

11 (3) any task or delivery order issued pursuant 

12 to such a contract or subcontract. 

13 (c) REPORTS.—Not later than 30 days after the date 

14 of enactment of this Act, the Commandant of the Coast 

15 Guard shall submit to the Committees on Appropriations 

16 of the Senate and the House of Representatives, the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate, and the Committee on Transportation and Infra19 structure of the House of Representatives: (1) a report 

20 on the resources (including training, staff, and expertise) 

21 required by the Coast Guard to provide appropriate man22 agement and oversight of the Integrated Deepwater Sys23 tems program; and (2) a report on how the Coast Guard 

24 will utilize full and open competition for any contract en25 tered into after the date of enactment of the Act that pro-
70 

•HR 2638 EH 

1 vides for the acquisition or modification of assets under, 

2 or in support of, the Integrated Deepwater Systems pro3 gram. 

4 SEC. 531. None of the funds provided by this or any 

5 other Act may be obligated for the development, testing, 

6 deployment, or operation of any system related to the 

7 MAX–HR project, or any subsequent but related human 

8 resources management project, until any pending litiga9 tion concerning such activities is resolved, and any legal 

10 claim or appeal by either party has been fully resolved. 

11 SEC. 532. (a) AMENDMENTS.—Section 550 of the 

12 Department of Homeland Security Appropriations Act, 

13 2007 (6 U.S.C. 121 note) is amended— 

14 (1) in subsection (c), by striking ‘‘consistent 

15 with similar’’ and inserting ‘‘identical to the protec16 tions given’’; 

17 (2) in subsection (c), by striking ‘‘, site security 

18 plans, and other information submitted to or ob19 tained by the Secretary under this section, and re20 lated vulnerability or security information, shall be 

21 treated as if the information were classified mate22 rial’’ and inserting ‘‘and site security plans shall be 

23 treated as sensitive security information (as that 

24 term is used in section 1520.5 of title 49, Code of 
71 

•HR 2638 EH 

1 Federal Regulations, or any subsequent regulations 

2 relating to the same matter)’’; and 

3 (3) by adding at the end of the section the fol4 lowing: 

5 ‘‘(h) This section shall not preclude or deny any right 

6 of any State or political subdivision thereof to adopt or 

7 enforce any regulation, requirement, or standard of per8 formance with respect to chemical facility security that is 

9 more stringent than a regulation, requirement, or stand10 ard of performance issued under this section, or otherwise 

11 impair any right or jurisdiction of any State with respect 

12 to chemical facilities within that State.’’. 

13 (b) REGULATORY CLARIFICATION.—Not later than 

14 30 days after the date of the enactment of this Act, the 

15 Secretary of Homeland Security shall update the regula16 tions administered by the Secretary that govern sensitive 

17 security information, including 49 CFR 1520, to reference 

18 all information required to be protected under section 

19 550(c) of the Department of Homeland Security Appro20 priations Act, 2007 (6 U.S.C. 121 note), as amended by 

21 subsection (a). 

22 SEC. 533. The Commissioner of United States Cus23 toms and Border Protection shall, not later than July 1, 

24 2008, establish for the United States Customs and Border 

25 Protection Officer (CBPO) position, a new classification 
72 

•HR 2638 EH 

1 (‘‘CBPO/LEO’’), which shall be identical to the current 

2 position description for a CBPO, and include, but not be 

3 limited to, eligibility for treatment accorded to law en4 forcement officers under subchapter III of chapter 83, and 

5 chapter 84 of title 5, United States Code. In developing 

6 the new classification, the Commissioner shall consult with 

7 the Office of Personnel Management, as well as employee 

8 groups that represent CBPOs. The option to elect to serve 

9 as a CBPO/LEO shall be available to all CBPOs who 

10 enter into service on or after July 1, 2008, as well as to 

11 incumbent CBPOs currently serving on July 1, 2008, who 

12 meet the maximum age requirements to serve in a law en13 forcement officer position. 

14 SEC. 534. In fiscal year 2008, none of funds made 

15 available in this or any other Act may be used to enforce 

16 section 4025(1) of Public Law 108–458 if the Assistant 

17 Secretary (Transportation Security Administration) deter18 mines that butane lighters are not a significant threat to 

19 civil aviation security: Provided, That the Assistant Sec20 retary (Transportation Security Administration) shall no21 tify the Committee on Appropriations of the Senate and 

22 the House of Representatives 15 days in advance of such 

23 determination including a report on whether the effective24 ness of screening operations is enhanced by suspending 

25 enforcement of the prohibition: Provided further, That if 
73 

•HR 2638 EH 

1 the Assistant Secretary has previously submitted a report 

2 pursuant to Section 530 of Public Law 108–458, no fur3 ther report shall be required. 

4 SEC. 535. None of the funds provided in this Act may 

5 be used to alter or reduce operations within the Civil Engi6 neering Program of the Coast Guard nationwide, including 

7 the civil engineering units, facilities, design and construc8 tion centers, maintenance and logistics command centers, 

9 and the Coast Guard Academy, except as specifically au10 thorized by a statute enacted after the date of enactment 

11 of this Act. 

12 SEC. 536. None of the funds appropriated in this Act 

13 may be used for a grant or contract for any project that 

14 does not comply with the requirements of subchapter IV 

15 of chapter 31 of title 40, United States Code: Provided, 

16 That the President may suspend the provisions of such 

17 subchapter during a national emergency. 

18 SEC. 537. None of the funds appropriated in this Act 

19 may be obligated for a grant or contract awarded by a 

20 means other than full and open competition, other than 

21 a grant distributed by a formula or other mechanism that 

22 is required by statute. The Secretary of Homeland Secu23 rity may waive the application of this subsection during 

24 a national emergency. 
74 

•HR 2638 EH 

1 SEC. 538. None of the funds provided in this Act 

2 shall be available to carry out section 872 of Public Law 

3 107–296. 

4 SEC. 539. Section 44940(a)(2) of title 49, United 

5 States Code, is amended by striking the last sentence of 

6 subparagraph (A), and clause (iv) of subparagraph (B). 

7 (RESCISSION OF FUNDS)

8 SEC. 540. From the unobligated balances of funds 

9 transferred to the Department of Homeland Security 

10 when it was created in 2003, excluding mandatory appro11 priations, $55,273,000 is rescinded, of which $12,084,003 

12 shall be rescinded from Departmental Operations. 

13 SEC. 541. None of the funds provided by this or pre14 vious appropriation Acts shall be used to fund any position 

15 designated as a Principal Federal Official during any de16 clared disasters or emergencies. 

17 SEC. 542. Section 46301(a) of title 49, United States 

18 Code, is amended by adding at the end the following: 

19 ‘‘(6) FAILURE TO COLLECT AIRPORT SECU20 RITY BADGES.—Notwithstanding paragraph (1), any 

21 employer (other than a governmental entity or air22 port operator) who employs an employee to whom an 

23 airport security badge or other identifier used to ob24 tain access to a secure area of an airport is issued 

25 before, on, or after the date of enactment of this 

26 paragraph and who does not collect or make reason-
75 

•HR 2638 EH 

1 able efforts to collect such badge from the employee 

2 on the date that the employment of the employee is 

3 terminated and does not notify the operator of the 

4 airport of such termination within 24 hours of the 

5 date of such termination shall be liable to the Gov6 ernment for a civil penalty not to exceed $10,000.’’. 

7 SEC. 543. None of the funds made available in this 

8 Act may be used by U.S. Citizenship and Immigration 

9 Services to grant an immigration benefit to any individual 

10 unless all criminal history and other background checks 

11 required for the benefit have been completed, the results 

12 of such checks have been received by U.S. Citizenship and 

13 Immigration Services, and the results do not preclude the 

14 grant of the benefit. 

15 SEC. 544. None of the funds made available in this 

16 Act may be used to destroy or put to pasture any horse 

17 or mule belonging to the Unites States that has become 

18 unfit for service. 

19 SEC. 545. CRITICAL INFRASTRUCTURE VULNERABILITY. 

20 None of the funds in this Act may be used to limit 

21 the implementation of Homeland Security Presidential Di22 rective 7 (HSPD–7). 

23 SEC. 546. None of the funds made available in this 

24 Act may be used to implement any plan developed under 

25 section 7209(b)(1) of the Intelligence Reform and Ter-
76 

•HR 2638 EH 

1 rorism Prevention Act of 2004 (Public Law 108–458; 8 

2 U.S.C. 1185 note) before June 1, 2009. 

3 SEC. 547. None of the funds made available in this 

4 Act may be used in contravention of section 642(a) of the 

5 Illegal Immigration Reform and Immigrant Responsibility 

6 Act of 1996 (8 U.S.C. 1373(a)). 

7 SEC. 548. The Amount otherwise provided by this Act 

8 for ‘‘Firefighter Assistance Grants’’ is hereby increased by 

9 $5,058,000, which shall be available to carry out section 

10 34 of the Federal Fire Prevention and Control Act of 

11 1974. 

12 This Act may be cited as the ‘‘Department of Home13 land Security Appropriations Act, 2008’’. 

Passed the House of Representatives June 15, 2007. 

Attest: 

Clerk. 
110TH CONGRESS 

1ST SESSION H. R. 2638 

AN ACT 

Making appropriations for the Department of 

September 30, 2008, and for other purposes. Homeland Security for the fiscal year ending