In the Senate of the United States,

July 26, 2007.

Resolved, That the bill from the House of Representatives (H.R. 2638) entitled ‘‘An Act making appropriations for

the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes.’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2008, for the Department

4 of Homeland Security and for other purposes, namely:
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1 TITLE I

2 DEPARTMENT OF HOMELAND SECURITY

3 DEPARTMENTAL MANAGEMENT AND

4 OPERATIONS

5 OFFICE OF THE SECRETARY AND EXECUTIVE

6 MANAGEMENT

7 For necessary expenses of the Office of the Secretary

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

9 Homeland Security Act of 2002 (6 U.S.C. 112), and execu10 tive management of the Department of Homeland Security,

11 as authorized by law, $100,000,000: Provided, That not to

12 exceed $40,000 shall be for official reception and representa13 tion expenses: Provided further, That $15,000,000 shall not

14 be available for obligation until the Secretary certifies and

15 reports to the Committees on Appropriations of the Senate

16 and the House of Representatives that the Department has

17 revised Departmental guidance with respect to relations

18 with the Government Accountability Office to specifically

19 provide for: (1) expedited timeframes for providing the Gov20 ernment Accountability Office with access to records not to

21 exceed 20 days from the date of request; (2) expedited time22 frames for interviews of program officials by the Govern23 ment Accountability Office after reasonable notice has been

24 furnished to the Department by the Government Account25 ability Office; and (3) a significant streamlining of the re-
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1 view process for documents and interview requests by liai2 sons, counsel, and program officials, consistent with the ob3 jective that the Government Accountability Office be given

4 timely and complete access to documents and agency offi5 cials: Provided further, That the Secretary shall make the

6 revisions to Departmental guidance with respect to rela7 tions with the Government Accountability Office in con8 sultation with the Comptroller General of the United States.

9 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

10 For necessary expenses of the Office of the Under Sec11 retary for Management, as authorized by sections 701

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

13 U.S.C. 341 through 345), $234,883,000, of which not to ex14 ceed $3,000 shall be for official reception and representation

15 expenses: Provided, That of the total amount, $6,000,000

16 shall remain available until expended solely for the alter17 ation and improvement of facilities, tenant improvements,

18 and relocation costs to consolidate Department head19 quarters operations; and $88,000,000 shall remain avail20 able until expended for the Consolidated Headquarters

21 Project.

22 OFFICE OF THE CHIEF FINANCIAL OFFICER

23 For necessary expenses of the Office of the Chief Finan24 cial Officer, as authorized by section 103 of the Homeland

25 Security Act of 2002 (6 U.S.C. 113), $30,076,000.
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1 OFFICE OF THE CHIEF INFORMATION OFFICER

2 For necessary expenses of the Office of the Chief Infor3 mation Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), and Department5 wide technology investments, $321,100,000; of which

6 $82,400,000 shall be available for salaries and expenses;

7 and of which $238,700,000, to remain available until ex8 pended, shall be available for development and acquisition

9 of information technology equipment, software, services,

10 and related activities for the Department of Homeland Se11 curity, of which $97,300,000 shall be for the National Cen12 ter for Critical Information Processing and Storage: Pro13 vided, That none of the funds appropriated shall be used

14 to support or supplement the appropriations provided for

15 the United States Visitor and Immigrant Status Indicator

16 Technology project or the Automated Commercial Environ17 ment.

18 ANALYSIS AND OPERATIONS

19 For necessary expenses for information analysis and

20 operations coordination activities, as authorized by title II

21 of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),

22 $306,000,000, to remain available until September 30,

23 2009, of which not to exceed $5,000 shall be for official re24 ception and representation expenses: Provided, That the Di25 rector of Operations Coordination shall encourage rotating
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1 State and local fire service representation at the National

2 Operations Center.

3 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

4 COAST REBUILDING

5 For necessary expenses of the Office of the Federal Co6 ordinator for Gulf Coast Rebuilding, $3,000,000: Provided,

7 That $1,000,000 shall not be available for obligation until

8 the Committees on Appropriations of the Senate and the

9 House of Representatives receive an expenditure plan for

10 fiscal year 2008.

11 OFFICE OF INSPECTOR GENERAL

12 OPERATING EXPENSES

13 For necessary expenses of the Office of Inspector Gen14 eral in carrying out the provisions of the Inspector General

15 Act of 1978 (5 U.S.C. App.), $95,211,000, of which not to

16 exceed $150,000 may be used for certain confidential oper17 ational expenses, including the payment of informants, to

18 be expended at the direction of the Inspector General: Pro19 vided, That the Inspector General shall investigate decisions

20 made regarding, and the policy of the Federal Emergency

21 Management Agency relating to, formaldehyde in trailers

22 in the Gulf Coast region, the process used by the Federal

23 Emergency Management Agency for collecting, reporting,

24 and responding to health and safety concerns of occupants

25 of housing supplied by the Federal Emergency Management
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1 Agency (including such housing supplied through a third

2 party), and whether the Federal Emergency Management

3 Agency adequately addressed public health and safety issues

4 of households to which the Federal Emergency Management

5 Agency provides disaster housing (including whether the

6 Federal Emergency Management Agency adequately noti7 fied recipients of such housing, as appropriate, of potential

8 health and safety concerns and whether the institutional

9 culture of the Federal Emergency Management Agency

10 properly prioritizes health and safety concerns of recipients

11 of assistance from the Federal Emergency Management

12 Agency), and submit a report to Congress relating to that

13 investigation, including any recommendations.

14 TITLE II

15 SECURITY, ENFORCEMENT, AND INVESTIGATIONS

16 U.S. CUSTOMS AND BORDER PROTECTION

17 SALARIES AND EXPENSES

18 For necessary expenses for enforcement of laws relating

19 to border security, immigration, customs, and agricultural

20 inspections and regulatory activities related to plant and

21 animal imports; purchase and lease of up to 4,500 (2,400

22 for replacement only) police-type vehicles; and contracting

23 with individuals for personal services abroad;

24 $6,601,058,000; of which $230,316,000 shall remain avail25 able until September 30, 2009, to support software develop-
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1 ment, equipment, contract services, and the implementation

2 of inbound lanes and modification to vehicle primary proc3 essing lanes at ports of entry; of which $15,000,000 shall

4 be used to procure commercially available technology in

5 order to expand and improve the risk-based approach of the

6 Department of Homeland Security to target and inspect

7 cargo containers under the Secure Freight Initiative and

8 the Global Trade Exchange; of which $3,093,000 shall be

9 derived from the Harbor Maintenance Trust Fund for ad10 ministrative expenses related to the collection of the Harbor

11 Maintenance Fee pursuant to section 9505(c)(3) of the In12 ternal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and

13 notwithstanding section 1511(e)(1) of the Homeland Secu14 rity Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed

15 $45,000 shall be for official reception and representation

16 expenses; of which not less than $226,740,000 shall be for

17 Air and Marine Operations; of which such sums as become

18 available in the Customs User Fee Account, except sums

19 subject to section 13031(f)(3) of the Consolidated Omnibus

20 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),

21 shall be derived from that account; of which not to exceed

22 $150,000 shall be available for payment for rental space

23 in connection with preclearance operations; of which

24 $40,000,000 shall be utilized to develop and implement a

25 Model Ports of Entry program and provide resources nec-
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1 essary for 200 additional U.S. Customs and Border Protec2 tion officers at the 20 United States international airports

3 that have the highest number of foreign visitors arriving

4 annually as determined pursuant to the most recent data

5 collected by U.S. Customs and Border Protection available

6 on the date of enactment of this Act, to provide a more effi7 cient and welcoming international arrival process in order

8 to facilitate and promote business and leisure travel to the

9 United States while also improving security; and of which

10 not to exceed $1,000,000 shall be for awards of compensa11 tion to informants, to be accounted for solely under the cer12 tificate of the Secretary of Homeland Security: Provided,

13 That for fiscal year 2008, the overtime limitation prescribed

14 in section 5(c)(1) of the Act of February 13, 1911 (19

15 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding

16 any other provision of law, none of the funds appropriated

17 by this Act may be available to compensate any employee

18 of U.S. Customs and Border Protection for overtime, from

19 whatever source, in an amount that exceeds such limitation,

20 except in individual cases determined by the Secretary of

21 Homeland Security, or the designee of the Secretary, to be

22 necessary for national security purposes, to prevent exces23 sive costs, or in cases of immigration emergencies.

24 AUTOMATION MODERNIZATION

25 For expenses for customs and border protection auto26 mated systems, $476,609,000, to remain available until ex-
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1 pended, of which not less than $316,969,000 shall be for

2 the development of the Automated Commercial Environ3 ment: Provided, That of the total amount made available

4 under this heading, $216,969,000 may not be obligated for

5 the Automated Commercial Environment until the Commit6 tees on Appropriations of the Senate and the House of Rep7 resentatives receive a plan for expenditure prepared by the

8 Secretary of Homeland Security that includes:

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

10 progress to date relative to system capabilities or serv11 ices, system performance levels, mission benefits and

12 outcomes, milestones, cost targets, and program man13 agement capabilities;

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

15 funds are to be obligated to meet future program com16 mitments, with the planned expenditure of funds

17 linked to the milestone-based delivery of specific capa18 bilities, services, performance levels, mission benefits

19 and outcomes, and program management capabilities;

20 (3) a listing of all open Government Account21 ability Office and Office of Inspector General rec22 ommendations related to the program and the status

23 of Department of Homeland Security actions to ad24 dress the recommendations, including milestones for

25 fully addressing them;
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1 (4) a certification by the Chief Financial Officer

2 of the Department that the program has been re3 viewed and approved in accordance with the invest4 ment management process of the Department, and

5 that the process fulfills all capital planning and in6 vestment control requirements and reviews established

7 by the Office of Management and Budget, including

8 Circular A–11, part 7;

9 (5) a certification by the Chief Information Offi10 cer of the Department that an independent validation

11 and verification agent has and will continue to ac12 tively review the program;

13 (6) a certification by the Chief Information Offi14 cer of the Department that the system architecture of

15 the program is sufficiently aligned with the informa16 tion systems enterprise architecture of the Department

17 to minimize future rework, including a description of

18 all aspects of the architectures that were and were not

19 assessed in making the alignment determination, the

20 date of the alignment determination, any known

21 areas of misalignment along with the associated risks

22 and corrective actions to address any such areas;

23 (7) a certification by the Chief Procurement Offi24 cer of the Department that the plans for the program

25 comply with the Federal acquisition rules, require-
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1 ments, guidelines, and practices, and a description of

2 the actions being taken to address areas of non-com3 pliance, the risks associated with them along with

4 any plans for addressing these risks and the status of

5 their implementation;

6 (8) a certification by the Chief Information Offi7 cer of the Department that the program has a risk

8 management process that regularly identifies, evalu9 ates, mitigates, and monitors risks throughout the sys10 tem life cycle, and communicates high-risk conditions

11 to agency and department heads, as well as a listing

12 of all the program’s high risks and the status of efforts

13 to address them; and

14 (9) a certification by the Chief Human Capital

15 Officer of the Department that the human capital

16 needs of the program are being strategically and

17 proactively managed, and that current human capital

18 capabilities are sufficient to execute the plans dis19 cussed in the report.

20 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

21 TECHNOLOGY

22 For expenses for customs and border protection fenc23 ing, infrastructure, and technology, $1,000,000,000, to re24 main available until expended: Provided, That of the

25 amount provided under this heading, $500,000,000 shall

26 not be obligated until the Committees on Appropriations
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1 of the Senate and the House of Representatives receive and

2 approve a plan for expenditure, prepared by the Secretary

3 of Homeland Security and submitted within 90 days after

4 the date of enactment of this Act, that includes:

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

6 progress to date relative to system capabilities or serv7 ices, system performance levels, mission benefits and

8 outcomes, milestones, cost targets, and program man9 agement capabilities;

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

11 funds are to be obligated to meet future program com12 mitments, with the planned expenditure of funds

13 linked to the milestone-based delivery of specific capa14 bilities, services, performance levels, mission benefits

15 and outcomes, and program management capabilities;

16 (3) a listing of all open Government Account17 ability Office and Office of Inspector General rec18 ommendations related to the program and the status

19 of Department of Homeland Security actions to ad20 dress the recommendations, including milestones for

21 fully addressing them;

22 (4) a certification by the Chief Financial Officer

23 of the Department that the program has been re24 viewed and approved in accordance with the invest25 ment management process of the Department, and
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1 that the process fulfills all capital planning and in2 vestment control requirements and reviews established

3 by the Office of Management and Budget, including

4 Circular A–11, part 7;

5 (5) a certification by the Chief Information Offi6 cer of the Department that an independent validation

7 and verification agent has and will continue to ac8 tively review the program;

9 (6) a certification by the Chief Information Offi10 cer of the Department that the system architecture of

11 the program is sufficiently aligned with the informa12 tion systems enterprise architecture of the Department

13 to minimize future rework, including a description of

14 all aspects of the architectures that were and were not

15 assessed in making the alignment determination, the

16 date of the alignment determination, any known

17 areas of misalignment along with the associated risks

18 and corrective actions to address any such areas;

19 (7) a certification by the Chief Procurement Offi20 cer of the Department that the plans for the program

21 comply with the Federal acquisition rules, require22 ments, guidelines, and practices, and a description of

23 the actions being taken to address areas of non-com24 pliance, the risks associated with them along with
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1 any plans for addressing these risks and the status of

2 their implementation;

3 (8) a certification by the Chief Information Offi4 cer of the Department that the program has a risk

5 management process that regularly identifies, evalu6 ates, mitigates, and monitors risks throughout the sys7 tem life cycle, and communicates high-risk conditions

8 to agency and department heads, as well as a listing

9 of all the program’s high risks and the status of efforts

10 to address them;

11 (9) a certification by the Chief Human Capital

12 Officer of the Department that the human capital

13 needs of the program are being strategically and

14 proactively managed, and that current human capital

15 capabilities are sufficient to execute the plans dis16 cussed in the report;

17 (10) a description of initial plans for securing

18 the Northern border and United States maritime bor19 der; and

20 (11) which is reviewed by the Government Ac21 countability Office.

22 AIR AND MARINE INTERDICTION, OPERATIONS,

23 MAINTENANCE, AND PROCUREMENT

24 For necessary expenses for the operations, mainte25 nance, and procurement of marine vessels, aircraft, un26 manned aircraft systems, and other related equipment of
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1 the air and marine program, including operational train2 ing and mission-related travel, and rental payments for fa3 cilities occupied by the air or marine interdiction and de4 mand reduction programs, the operations of which include

5 the following: the interdiction of narcotics and other goods;

6 the provision of support to Federal, State, and local agen7 cies in the enforcement or administration of laws enforced

8 by the Department of Homeland Security; and at the dis9 cretion of the Secretary of Homeland Security, the provi10 sion of assistance to Federal, State, and local agencies in

11 other law enforcement and emergency humanitarian efforts,

12 $488,947,000, to remain available until expended: Pro13 vided, That no aircraft or other related equipment, with

14 the exception of aircraft that are one of a kind and have

15 been identified as excess to United States Customs and Bor16 der Protection requirements and aircraft that have been

17 damaged beyond repair, shall be transferred to any other

18 Federal agency, department, or office outside of the Depart19 ment of Homeland Security during fiscal year 2008 without

20 the prior approval of the Committees on Appropriations of

21 the Senate and the House of Representatives.

22 CONSTRUCTION

23 For necessary expenses to plan, construct, renovate,

24 equip, and maintain buildings and facilities necessary for

25 the administration and enforcement of the laws relating to

26 customs and immigration, $274,863,000, to remain avail-
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1 able until expended; of which $40,200,000 shall be for the

2 Advanced Training Center.

3 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

4 SALARIES AND EXPENSES

5 For necessary expenses for enforcement of immigration

6 and customs laws, detention and removals, and investiga7 tions; and purchase and lease of up to 3,790 (2,350 for re8 placement only) police-type vehicles; $4,401,643,000, of

9 which not to exceed $7,500,000 shall be available until ex10 pended for conducting special operations under section 3131

11 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081);

12 of which not to exceed $15,000 shall be for official reception

13 and representation expenses; of which not to exceed

14 $1,000,000 shall be for awards of compensation to inform15 ants, to be accounted for solely under the certificate of the

16 Secretary of Homeland Security; of which not less than

17 $102,000 shall be for promotion of public awareness of the

18 child pornography tipline; of which not less than $203,000

19 shall be for Project Alert; of which not less than $5,400,000

20 shall be used to facilitate agreements consistent with section

21 287(g) of the Immigration and Nationality Act (8 U.S.C.

22 1357(g)); and of which not to exceed $11,216,000 shall be

23 available to fund or reimburse other Federal agencies for

24 the costs associated with the care, maintenance, and repa25 triation of smuggled illegal aliens: Provided, That none of
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1 the funds made available under this heading shall be avail2 able to compensate any employee for overtime in an annual

3 amount in excess of $35,000, except that the Secretary of

4 Homeland Security, or the designee of the Secretary, may

5 waive that amount as necessary for national security pur6 poses and in cases of immigration emergencies: Provided

7 further, That of the total amount provided, $15,770,000

8 shall be for activities to enforce laws against forced child

9 labor in fiscal year 2008, of which not to exceed $6,000,000

10 shall remain available until expended.

11 FEDERAL PROTECTIVE SERVICE

12 The revenues and collections of security fees credited

13 to this account shall be available until expended for nec14 essary expenses related to the protection of federally-owned

15 and leased buildings and for the operations of the Federal

16 Protective Service: Provided, That the Secretary of Home17 land Security and the Director of the Office of Management

18 and Budget shall certify in writing to the Committees on

19 Appropriations of the Senate and the House of Representa20 tives no later than November 1, 2007, that the operations

21 of the Federal Protective Service will be fully funded in fis22 cal year 2008 through revenues and collection of security

23 fees: Provided further, That a certification shall be provided

24 no later than February 10, 2008, for fiscal year 2009: Pro25 vided further, That the Secretary of Homeland Security

26 shall ensure that the workforce of the Federal Protective
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1 Service includes not fewer than 1,200 Commanders, Police

2 Officers, Inspectors, and Special Agents engaged on a daily

3 basis in protecting Federal buildings (under this heading

4 referred to as ‘‘in-service’’) contingent on the availability

5 of sufficient revenue in collections of security fees in this

6 account for this purpose: Provided further, That the Sec7 retary of Homeland Security and the Director of the Office

8 of Management and Budget shall adjust fees as necessary

9 to ensure full funding of not fewer than 1,200 in-service

10 Commanders, Police Officers, Inspectors, and Special

11 Agents at the Federal Protective Service.

12 AUTOMATION MODERNIZATION

13 For expenses of immigration and customs enforcement

14 automated systems, $15,000,000, to remain available until

15 expended: Provided, That of the funds made available under

16 this heading, $5,000,000 may not be obligated until the

17 Committees on Appropriations of the Senate and the House

18 of Representatives receive a plan for expenditure prepared

19 by the Secretary of Homeland Security.

20 CONSTRUCTION

21 For necessary expenses to plan, construct, renovate,

22 equip, and maintain buildings and facilities necessary for

23 the administration and enforcement of the laws relating to

24 customs and immigration, $16,250,000, to remain available

25 until expended.
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1 TRANSPORTATION SECURITY ADMINISTRATION

2 AVIATION SECURITY

3 For necessary expenses of the Transportation Security

4 Administration related to providing civil aviation security

5 services pursuant to the Aviation and Transportation Secu6 rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C.

7 40101 note), $5,042,559,000, to remain available until Sep8 tember 30, 2009, of which not to exceed $10,000 shall be

9 for official reception and representation expenses: Provided,

10 That of the total amount made available under this head11 ing, not to exceed $4,074,889,000 shall be for screening oper12 ations, of which $529,400,000 shall be available only for

13 procurement and installation of checked baggage explosive

14 detection systems; and not to exceed $967,445,000 shall be

15 for aviation security direction and enforcement: Provided

16 further, That security service fees authorized under section

17 44940 of title 49, United States Code, shall be credited to

18 this appropriation as offsetting collections and shall be

19 available only for aviation security: Provided further, That

20 the sum herein appropriated from the General Fund shall

21 be reduced on a dollar-for-dollar basis as such offsetting col22 lections are received during fiscal year 2008, so as to result

23 in a final fiscal year appropriation from the General Fund

24 estimated at not more than $2,332,344,000: Provided fur25 ther, That any security service fees collected in excess of the
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1 amount made available under this heading shall become

2 available during fiscal year 2009: Provided further, That

3 Members of the United States House of Representatives and

4 United States Senate, including the leadership; and the

5 heads of Federal agencies and commissions, including the

6 Secretary, Under Secretaries, and Assistant Secretaries of

7 the Department of Homeland Security; the United States

8 Attorney General and Assistant Attorneys General and the

9 United States attorneys; and senior members of the Execu10 tive Office of the President, including the Director of the

11 Office of Management and Budget; shall not be exempt from

12 Federal passenger and baggage screening.

13 SURFACE TRANSPORTATION SECURITY

14 For necessary expenses of the Transportation Security

15 Administration related to providing surface transportation

16 security activities, $41,413,000, to remain available until

17 September 30, 2009.

18 TRANSPORTATION THREAT ASSESSMENT AND

19 CREDENTIALING

20 For necessary expenses for the development and imple21 mentation of screening programs of the Office of Transpor22 tation Threat Assessment and Credentialing, $67,490,000,

23 to remain available until September 30, 2009.

24 TRANSPORTATION SECURITY SUPPORT

25 For necessary expenses of the Transportation Security

26 Administration related to providing transportation secu-
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1 rity support and intelligence pursuant to the Aviation and

2 Transportation Security Act (Public Law 107–71; 115

3 Stat. 597; 49 U.S.C. 40101 note), $521,515,000, to remain

4 available until September 30, 2009: Provided, That of the

5 funds appropriated under this heading, $20,000,000 may

6 not be obligated until the Secretary of Homeland Security

7 submits to the Committees on Appropriations of the Senate

8 and the House of Representatives a strategic plan required

9 for checkpoint technologies as described in the joint explana10 tory statement of managers accompanying the fiscal year

11 2007 conference report (H. Rept. 109–699): Provided fur12 ther, That this plan shall be submitted no later than 60

13 days after the date of enactment of this Act.

14 FEDERAL AIR MARSHALS

15 For necessary expenses of the Federal Air Marshals,

16 $722,000,000.

17 UNITED STATES COAST GUARD

18 OPERATING EXPENSES

19 For necessary expenses for the operation and mainte20 nance of the United States Coast Guard not otherwise pro21 vided for; purchase or lease of not to exceed 25 passenger

22 motor vehicles, which shall be for replacement only; pay23 ments pursuant to section 156 of Public Law 97–377 (42

24 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel25 fare; $5,930,545,000, of which $340,000,000 shall be for de26 fense-related activities; of which $24,500,000 shall be de-
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1 rived from the Oil Spill Liability Trust Fund to carry out

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

3 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed

4 $10,000 shall be for official reception and representation

5 expenses: Provided, That none of the funds made available

6 by this or any other Act shall be available for administra7 tive expenses in connection with shipping commissioners in

8 the United States: Provided further, That none of the funds

9 made available by this Act shall be for expenses incurred

10 for yacht documentation under section 12109 of title 46,

11 United States Code, except to the extent fees are collected

12 from yacht owners and credited to this appropriation.

13 ENVIRONMENTAL COMPLIANCE AND RESTORATION

14 For necessary expenses to carry out the environmental

15 compliance and restoration functions of the United States

16 Coast Guard under chapter 19 of title 14, United States

17 Code, $12,079,000, to remain available until expended.

18 RESERVE TRAINING

19 For necessary expenses of the Coast Guard Reserve, as

20 authorized by law; operations and maintenance of the re21 serve program; personnel and training costs; and equipment

22 and services; $126,883,000.

23 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

24 (INCLUDING RESCISSIONS OF FUNDS)

25 For necessary expenses of acquisition, construction,

26 renovation, and improvement of aids to navigation, shore
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1 facilities, vessels, and aircraft, including equipment related

2 thereto; and maintenance, rehabilitation, lease and oper3 ation of facilities and equipment, as authorized by law;

4 $1,048,068,000, of which $20,000,000 shall be derived from

5 the Oil Spill Liability Trust Fund to carry out the purposes

6 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33

7 U.S.C. 2712(a)(5)); of which $9,200,000 shall be available

8 until September 30, 2012, to acquire, repair, renovate, or

9 improve vessels, small boats, and related equipment; of

10 which $173,600,000 shall be available until September 30,

11 2010, for other equipment; of which $37,897,000 shall be

12 available until September 30, 2010, for shore facilities and

13 aids to navigation facilities; of which $505,000 shall be

14 available for personnel related costs; and of which

15 $770,079,000 shall be available until September 30, 2012,

16 for the Integrated Deepwater Systems program: Provided,

17 That no funds shall be available for procurements related

18 to the acquisition of additional major assets as part of the

19 Integrated Deepwater Systems program not already under

20 contract until an Alternatives Analysis has been completed

21 by an independent qualified third party: Provided further,

22 That no funds contained in this Act shall be available for

23 procurement of the third National Security Cutter until an

24 Alternatives Analysis has been completed by an independent

25 qualified third party: Provided further, That the Com-
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1 mandant of the Coast Guard is authorized to dispose of sur2 plus real property, by sale or lease, and the proceeds shall

3 be credited to this appropriation as offsetting collections

4 and shall be available until September 30, 2010: Provided

5 further, That of amounts made available under this heading

6 in Public Law 109–90, $48,787,000 for the Offshore Patrol

7 Cutter are rescinded: Provided further, That of the amounts

8 made available under this heading in Public Law 109–295,

9 $8,000,000 for the Fast Response Cutter (FRC–A) are re10 scinded: Provided further, That the Secretary shall submit

11 an expenditure plan to the Committees on Appropriations

12 of the Senate and the House of Representatives within 60

13 days after the date of enactment of this Act for funds made

14 available for the Integrated Deepwater Program, that: (1)

15 defines activities, milestones, yearly costs, and life-cycle

16 costs for each procurement of a major asset; (2) identifies

17 life-cycle staffing and training needs of Coast Guard project

18 managers and of procurement and contract staff; (3) in19 cludes a certification by the Chief Human Capital Officer

20 of the Department that current human capital capabilities

21 are sufficient to execute the plans discussed in the report;

22 (4) identifies individual project balances by fiscal year, in23 cluding planned carryover into fiscal year 2009 by project;

24 (5) identifies operational gaps for all Deepwater assets and

25 an explanation of how funds provided in this Act address
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1 the shortfalls between current operational capabilities and

2 requirements; (6) includes a listing of all open Government

3 Accountability Office and Office of Inspector General rec4 ommendations related to the program and the status of

5 Coast Guard actions to address the recommendations, in6 cluding milestones for fully addressing them; (7) includes

7 a certification by the Chief Financial Officer of the Depart8 ment that the program has been reviewed and approved in

9 accordance with the investment management process of the

10 Department, and that the process fulfills all capital plan11 ning and investment control requirements and reviews es12 tablished by the Office of Management and Budget, includ13 ing Circular A–11, part 7; (8) identifies competition to be

14 conducted in each procurement; (9) includes a certification

15 by the head of contracting activity for the Coast Guard and

16 the Chief Procurement Officer of the Department that the

17 plans for the program comply with the Federal acquisition

18 rules, requirements, guidelines, and practices, and a de19 scription of the actions being taken to address areas of non20 compliance, the risks associated with them along with plans

21 for addressing these risks and the status of their implemen22 tation; (10) identifies the use of independent validation and

23 verification; and (11) is reviewed by the Government Ac24 countability Office: Provided further, That the Secretary of

25 Homeland Security shall submit to the Committees on Ap-
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1 propriations of the Senate and the House of Representa2 tives, in conjunction with the President’s fiscal year 2009

3 budget, a review of the Revised Deepwater Implementation

4 Plan that identifies any changes to the plan for the fiscal

5 year; an annual performance comparison of Deepwater as6 sets to pre-Deepwater legacy assets; a status report of legacy

7 assets; a detailed explanation of how the costs of legacy as8 sets are being accounted for within the Deepwater program;

9 and the earned value management system gold card data

10 for each Deepwater asset: Provided further, That the Sec11 retary shall submit to the Committees on Appropriations

12 of the Senate and the House of Representatives a com13 prehensive review of the Revised Deepwater Implementation

14 Plan every five years, beginning in fiscal year 2011, that

15 includes a complete projection of the acquisition costs and

16 schedule for the duration of the plan through fiscal year

17 2027: Provided further, That the Secretary shall annually

18 submit to the Committees on Appropriations of the Senate

19 and the House of Representatives, at the time that the Presi20 dent’s budget is submitted under section 1105(a) of title 31,

21 United States Code, a future-years capital investment plan

22 for the Coast Guard that identifies for each capital budget

23 line item—

24 (1) the proposed appropriation included in that

25 budget;
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HR 2638 EAS

1 (2) the total estimated cost of completion;

2 (3) projected funding levels for each fiscal year

3 for the next five fiscal years or until project comple4 tion, whichever is earlier;

5 (4) an estimated completion date at the projected

6 funding levels; and

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

8 completion or estimated completion date from pre9 vious future-years capital investment plans submitted

10 to the Committees on Appropriations of the Senate

11 and the House of Representatives:

12 Provided further, That the Secretary shall ensure that

13 amounts specified in the future-years capital investment

14 plan are consistent to the maximum extent practicable with

15 proposed appropriations necessary to support the programs,

16 projects, and activities of the Coast Guard in the President’s

17 budget as submitted under section 1105(a) of title 31,

18 United States Code, for that fiscal year: Provided further,

19 That any inconsistencies between the capital investment

20 plan and proposed appropriations shall be identified and

21 justified.

22 ALTERATION OF BRIDGES

23 For necessary expenses for alteration or removal of ob24 structive bridges, as authorized by section 6 of the Truman25 Hobbs Act (33 U.S.C. 516), $16,000,000, to remain avail26 able until expended.
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1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses for applied scientific research,

3 development, test, and evaluation; and for maintenance, re4 habilitation, lease, and operation of facilities and equip5 ment; as authorized by law; $25,583,000, to remain avail6 able until expended, of which $500,000 shall be derived from

7 the Oil Spill Liability Trust Fund to carry out the purposes

8 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33

9 U.S.C. 2712(a)(5)): Provided, That there may be credited

10 to and used for the purposes of this appropriation funds

11 received from State and local governments, other public au12 thorities, private sources, and foreign countries for expenses

13 incurred for research, development, testing, and evaluation.

14 RETIRED PAY

15 For retired pay, including the payment of obligations

16 otherwise chargeable to lapsed appropriations for this pur17 pose, payments under the Retired Serviceman’s Family

18 Protection and Survivor Benefits Plans, payment for career

19 status bonuses, concurrent receipts and combat-related spe20 cial compensation under the National Defense Authoriza21 tion Act, and payments for medical care of retired per22 sonnel and their dependents under chapter 55 of title 10,

23 United States Code, $1,184,720,000, to remain available

24 until expended.
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HR 2638 EAS

1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret

4 Service, including purchase of not to exceed 645 vehicles

5 for police-type use, which shall be for replacement only, and

6 hire of passenger motor vehicles; purchase of motorcycles

7 made in the United States; hire of aircraft; services of ex8 pert witnesses at such rates as may be determined by the

9 Director of the Secret Service; rental of buildings in the Dis10 trict of Columbia, and fencing, lighting, guard booths, and

11 other facilities on private or other property not in Govern12 ment ownership or control, as may be necessary to perform

13 protective functions; payment of per diem or subsistence al14 lowances to employees where a protective assignment during

15 the actual day or days of the visit of a protectee requires

16 an employee to work 16 hours per day or to remain over17 night at a post of duty; conduct of and participation in

18 firearms matches; presentation of awards; travel of Secret

19 Service employees on protective missions without regard to

20 the limitations on such expenditures in this or any other

21 Act if approval is obtained in advance from the Committees

22 on Appropriations of the Senate and the House of Rep23 resentatives; research and development; grants to conduct

24 behavioral research in support of protective research and

25 operations; and payment in advance for commercial accom-
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HR 2638 EAS

1 modations as may be necessary to perform protective func2 tions; $1,392,171,000, of which not to exceed $25,000 shall

3 be for official reception and representation expenses; of

4 which not to exceed $100,000 shall be to provide technical

5 assistance and equipment to foreign law enforcement orga6 nizations in counterfeit investigations; of which $2,366,000

7 shall be for forensic and related support of investigations

8 of missing and exploited children; and of which $6,000,000

9 shall be a grant for activities related to the investigations

10 of missing and exploited children and shall remain avail11 able until expended: Provided, That up to $18,000,000 pro12 vided for protective travel shall remain available until Sep13 tember 30, 2009: Provided further, That the United States

14 Secret Service is authorized to obligate funds in anticipa15 tion of reimbursements from Federal agencies and entities,

16 as defined in section 105 of title 5, United States Code,

17 receiving training sponsored by the James J. Rowley

18 Training Center, except that total obligations at the end

19 of the fiscal year shall not exceed total budgetary resources

20 available under this heading at the end of the fiscal year.

21 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

22 RELATED EXPENSES

23 For necessary expenses for acquisition, construction,

24 repair, alteration, and improvement of facilities,

25 $3,725,000, to remain available until expended.
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1 TITLE III

2 PROTECTION, PREPAREDNESS, RESPONSE, AND

3 RECOVERY

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 MANAGEMENT AND ADMINISTRATION

6 For salaries and expenses of the immediate Office of

7 the Under Secretary for National Protection and Programs,

8 the National Protection Planning Office, support services

9 for business operations and information technology, and fa10 cility costs, $30,000,000: Provided, That of the amount pro11 vided, $15,000,000 shall not be obligated until the Commit12 tees on Appropriations of the Senate and the House of Rep13 resentatives receive and approve in full an expenditure plan

14 by program, project, and activity; prepared by the Sec15 retary of Homeland Security that has been reviewed by the

16 Government Accountability Office.

17 INFRASTRUCTURE PROTECTION AND INFORMATION

18 SECURITY

19 For necessary expenses for infrastructure protection

20 and information security programs and activities, as au21 thorized by title II of the Homeland Security Act of 2002

22 (6 U.S.C. 121 et seq.) or subtitle J of title VIII of the Home23 land Security Act of 2002, as added by this Act,

24 $527,099,000, of which $497,099,000 shall remain available

25 until September 30, 2009, and of which, $2,000,000 shall

26 be to carry out subtitle J of title VIII of the Homeland Secu-
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HR 2638 EAS

1 rity Act of 2002, as added by this Act: Provided, That

2 $10,043,000 shall be for the Office of Bombing Prevention

3 and not more than $26,100,000 shall be for the Next Gen4 eration Network.

5 UNITED STATES VISITOR AND IMMIGRANT STATUS

6 INDICATOR TECHNOLOGY

7 For necessary expenses for the development of the

8 United States Visitor and Immigrant Status Indicator

9 Technology project, as authorized by section 110 of the Ille10 gal Immigration Reform and Immigrant Responsibility Act

11 of 1996 (8 U.S.C. 1365a), $362,000,000, to remain avail12 able until expended: Provided, That of the total amount

13 made available under this heading, $100,000,000 may not

14 be obligated for the United States Visitor and Immigrant

15 Status Indicator Technology project until the Committees

16 on Appropriations of the Senate and the House of Rep17 resentatives receive and approve a plan for expenditure pre18 pared by the Secretary of Homeland Security that includes:

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

20 progress to date relative to system capabilities or serv21 ices, system performance levels, mission benefits and

22 outcomes, milestones, cost targets, and program man23 agement capabilities;

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

25 funds are to be obligated to meet future program com26 mitments, with the planned expenditure of funds
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HR 2638 EAS

1 linked to the milestone-based delivery of specific capa2 bilities, services, performance levels, mission benefits

3 and outcomes, and program management capabilities;

4 (3) a listing of all open Government Account5 ability Office and Office of Inspector General rec6 ommendations related to the program and the status

7 of Department of Homeland Security actions to ad8 dress the recommendations, including milestones for

9 fully addressing them;

10 (4) a certification by the Chief Financial Officer

11 of the Department that the program has been re12 viewed and approved in accordance with the invest13 ment management process of the Department, and

14 that the process fulfills all capital planning and in15 vestment control requirements and reviews established

16 by the Office of Management and Budget, including

17 Circular A–11, part 7;

18 (5) a certification by the Chief Information Offi19 cer of the Department that an independent validation

20 and verification agent has and will continue to ac21 tively review the program;

22 (6) a certification by the Chief Information Offi23 cer of the Department that the system architecture of

24 the program is sufficiently aligned with the informa25 tion systems enterprise architecture of the Department
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HR 2638 EAS

1 to minimize future rework, including a description of

2 all aspects of the architectures that were and were not

3 assessed in making the alignment determination, the

4 date of the alignment determination, any known

5 areas of misalignment along with the associated risks

6 and corrective actions to address any such areas;

7 (7) a certification by the Chief Procurement Offi8 cer of the Department that the plans for the program

9 comply with the Federal acquisition rules, require10 ments, guidelines, and practices, and a description of

11 the actions being taken to address areas of non-com12 pliance, the risks associated with them along with

13 any plans for addressing these risks and the status of

14 their implementation;

15 (8) a certification by the Chief Information Offi16 cer of the Department that the program has a risk

17 management process that regularly identifies, evalu18 ates, mitigates, and monitors risks throughout the sys19 tem life cycle, and communicates high-risk conditions

20 to agency and department heads, as well as a listing

21 of all the program’s high risks and the status of efforts

22 to address them;

23 (9) a certification by the Chief Human Capital

24 Officer of the Department that the human capital

25 needs of the program are being strategically and
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HR 2638 EAS

1 proactively managed, and that current human capital

2 capabilities are sufficient to execute the plans dis3 cussed in the report; and

4 (10) which is reviewed by the Government Ac5 countability Office.

6 OFFICE OF HEALTH AFFAIRS

7 For the necessary expenses of the Office of Health Af8 fairs, $115,000,000; of which $20,817,000 is for salaries and

9 expenses; and of which $94,183,000 is for biosurveillance,

10 biowatch, chemical response, and related activities for the

11 Department of Homeland Security, to remain available

12 until September 30, 2009: Provided, That not to exceed

13 $3,000 shall be for official reception and representation ex14 penses.

15 FEDERAL EMERGENCY MANAGEMENT AGENCY

16 MANAGEMENT AND ADMINISTRATION

17 For necessary expenses for management and adminis18 tration, $678,600,000, including activities authorized by

19 the National Flood Insurance Act of 1968 (42 U.S.C. 4001

20 et seq.), the Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5121 et seq.), the Earth22 quake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et

23 seq.), the Defense Production Act of 1950 (50 U.S.C. App.

24 2061 et seq.), sections 107 and 303 of the National Security

25 Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No.
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HR 2638 EAS

1 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of

2 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina Emer3 gency Management Reform Act of 2006 (Public Law 109–

4 295; 120 Stat. 1394): Provided, That not to exceed $3,000

5 shall be for official reception and representation expenses:

6 Provided further, That $426,020,000 shall be for Operations

7 Activities: Provided further, That $216,580,000 shall be for

8 Management Activities: Provided further, That $6,000,000

9 shall be for the Office of the National Capital Region Co10 ordination: Provided further, That for purposes of plan11 ning, coordination, execution, and decisionmaking related

12 to mass evacuation during a disaster, the Governors of the

13 State of West Virginia and the Commonwealth of Pennsyl14 vania, or their designees, shall be incorporated into efforts

15 to integrate the activities of Federal, State, and local gov16 ernments in the National Capital Region, as defined in sec17 tion 882 of Public Law 107–296, the Homeland Security

18 Act of 2002: Provided further, That of the total amount

19 made available under this heading, $30,000,000 shall be for

20 Urban Search and Rescue Teams, of which not to exceed

21 $1,600,000 may be made available for administrative costs:

22 Provided further, That of the total amount made available

23 under this heading, $1,000,000 shall be to develop a web24 based version of the National Fire Incident Reporting Sys25 tem that will ensure that fire-related data can be submitted
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HR 2638 EAS

1 and accessed by fire departments in real time: Provided fur2 ther, That not later than 30 days after the date of enactment

3 of this Act, the Administrator of the Federal Emergency

4 Management Agency shall, as appropriate, update training

5 practices for all customer service employees, employees in

6 the Office of General Counsel, and other appropriate em7 ployees of the Federal Emergency Management Agency re8 lating to addressing health concerns of recipients of assist9 ance from the Federal Emergency Management Agency.

10 STATE AND LOCAL PROGRAMS

11 For grants, contracts, cooperative agreements, and

12 other activities, including grants to State and local govern13 ments for terrorism prevention activities, notwithstanding

14 any other provision of law, $3,130,500,000, which shall be

15 allocated as follows:

16 (1) $525,000,000 for formula-based grants and

17 $375,000,000 for law enforcement terrorism preven18 tion grants, to be allocated in accordance with section

19 1014 of the USA PATRIOT ACT (42 U.S.C. 3714):

20 Provided, That not to exceed 3 percent of these

21 amounts shall be available for program administra22 tion: Provided further, That the application for

23 grants shall be made available to States within 45

24 days after the date of enactment of this Act; that

25 States shall submit applications within 90 days after

26 the grant announcement; and the Federal Emergency
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HR 2638 EAS

1 Management Agency shall act within 90 days after

2 receipt of an application: Provided further, That, in

3 the event established timeframes detailed in the pre4 ceding proviso for departmental actions are missed,

5 funding for the Immediate Office of the Deputy Sec6 retary shall be reduced by $1,000 per day until such

7 actions are executed: Provided further, That not less

8 than 80 percent of any grant under this paragraph

9 to a State shall be made available by the State to

10 local governments within 60 days after the receipt of

11 the funds; except in the case of Puerto Rico, where not

12 less than 50 percent of any grant under this para13 graph shall be made available to local governments

14 within 60 days after the receipt of the funds.

15 (2) $1,836,000,000 for discretionary grants, as

16 determined by the Secretary of Homeland Security, of

17 which—

18 (A) $820,000,000 shall be for use in high19 threat, high-density urban areas, of which

20 $20,000,000 shall be available for assistance to

21 organizations (as described under section

22 501(c)(3) of the Internal Revenue Code of 1986

23 and exempt from tax section 501(a) of such code)

24 determined by the Secretary to be at high-risk of

25 a terrorist attack;
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HR 2638 EAS

1 (B) $50,000,000 shall be for the Regional

2 Catastrophic Preparedness Grants;

3 (C) $400,000,000 shall be for infrastructure

4 protection grants related to port security pursu5 ant to 46 U.S.C. 70107;

6 (D) $16,000,000 shall be for infrastructure

7 protection grants related to trucking industry se8 curity;

9 (E) $12,000,000 shall be for infrastructure

10 protection grants related to intercity bus secu11 rity;

12 (F) $400,000,000 shall be for infrastructure

13 protection grants related to intercity rail pas14 senger transportation (as defined in section

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

16 rail, and transit security;

17 (G) $50,000,000 shall be for infrastructure

18 protection grants related to buffer zone protec19 tion;

20 (H) $40,000,000 shall be available for the

21 Commercial Equipment Direct Assistance Pro22 gram;

23 (I) $33,000,000 shall be for the Metropoli24 tan Medical Response System; and

25 (J) $15,000,000 shall be for Citizens Corps:
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HR 2638 EAS

1 Provided, That not to exceed 3 percent of subpara2 graphs (A)–(J) shall be available for program admin3 istration: Provided further, That for grants under

4 subparagraphs (A), (B), and (J), the application for

5 grants shall be made available to States within 45

6 days after the date of enactment of this Act; that

7 States shall submit applications within 90 days after

8 the grant announcement; and that the Federal Emer9 gency Management Agency shall act within 90 days

10 after receipt of an application: Provided further,

11 That, in the event established timeframes detailed in

12 the preceding proviso for departmental actions are

13 missed, funding for the Immediate Office of the Dep14 uty Secretary shall be reduced by $1,000 per day

15 until such actions are executed: Provided further,

16 That no less than 80 percent of any grant under this

17 paragraph to a State shall be made available by the

18 State to local governments within 60 days after the

19 receipt of the funds: Provided further, That for grants

20 under subparagraphs (C) through (G), the applica21 tions for such grants shall be made available to eligi22 ble applicants not later than 75 days after the date

23 of enactment of this Act, eligible applicants shall sub24 mit applications not later than 45 days after the date

25 of the grant announcement, and the Federal Emer-
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HR 2638 EAS

1 gency Management Agency shall act on such applica2 tions not later than 60 days after the date on which

3 such an application is received: Provided further,

4 That, in the event established timeframes detailed in

5 the preceding proviso for departmental actions are

6 missed, funding for the Immediate Office of the Dep7 uty Secretary shall be reduced by $1,000 per day

8 until such actions are executed.

9 (3) $294,500,000 for training, exercises, technical

10 assistance, and other programs.

11 (4) $100,000,000 for grants under the Interoper12 able Emergency Communications Grants Program es13 tablished under title XVIII of the Homeland Security

14 Act of 2002: Provided, That the amounts appro15 priated to the Department of Homeland Security for

16 discretionary spending in this Act shall be reduced on

17 a pro rata basis by the percentage necessary to reduce

18 the overall amount of such spending by $100,000,000:

19 Provided further, That none of the grants provided under

20 this heading shall be used for the construction or renovation

21 of facilities, except for a minor perimeter security project,

22 not to exceed $1,000,000, as determined necessary by the

23 Secretary of Homeland Security: Provided further, That the

24 preceding proviso shall not apply to grants under subpara25 graphs (B), (C), (F), and (G) of paragraph (2) of this head-
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HR 2638 EAS

1 ing: Provided further, That funds appropriated for law en2 forcement terrorism prevention grants under paragraph (1)

3 of this heading and discretionary grants under paragraph

4 (2)(A) of this heading shall be available for operational

5 costs, to include personnel overtime and overtime associated

6 with the Federal Emergency Management Agency certified

7 training, as needed: Provided further, That the Government

8 Accountability Office shall report on the validity, relevance,

9 reliability, timeliness, and availability of the risk factors

10 (including threat, vulnerability, and consequence) used by

11 the Secretary of Homeland Security and an analysis of the

12 Department’s policy of ranking States, cities, and other

13 grantees by tiered groups, for the purpose of allocating

14 grants funded under this heading, and the application of

15 those factors in the allocation of funds to the Committees

16 on Appropriations of the Senate and the House of Rep17 resentatives on its findings not later than 45 days after the

18 date of enactment of this Act: Provided further, That within

19 seven days after the date of enactment of this Act, the Sec20 retary of Homeland Security shall provide the Government

21 Accountability Office with the risk methodology and other

22 factors that will be used to allocate grants funded under

23 this heading: Provided further, That not later than 15 days

24 after the date of enactment of this Act, the Administrator

25 of the Federal Emergency Management Agency shall submit
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HR 2638 EAS

1 to the Committee on Appropriations and the Committee on

2 Homeland Security and Governmental Affairs of the Senate

3 a report detailing the actions taken as of that date, and

4 any actions the Administrator will take, regarding the re5 sponse of the Federal Emergency Management Agency to

6 concerns over formaldehyde exposure, which shall include

7 a description of any disciplinary or other personnel actions

8 taken, a detailed policy for responding to any reports of

9 potential health hazards posed by any materials provided

10 by the Federal Emergency Management Agency (including

11 housing, food, water, or other materials), and a description

12 of any additional resources needed to implement such pol13 icy: Provided further, That the Administrator of the Federal

14 Emergency Management Agency, in conjunction with the

15 head of the Office of Health Affairs of the Department of

16 Homeland Security, the Director of the Centers for Disease

17 Control and Prevention, and the Administrator of the Envi18 ronmental Protection Agency, shall design a program to sci19 entifically test a representative sample of travel trailers and

20 mobile homes provided by the Federal Emergency Manage21 ment Agency, and surplus travel trailers and mobile homes

22 to be sold or transferred by the Federal government on or

23 after the date of enactment of this Act, for formaldehyde

24 and, not later than 15 days after the date of enactment of

25 this Act, submit to the Committee on Appropriations and
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HR 2638 EAS

1 the Committee on Homeland Security and Governmental

2 Affairs of the Senate a report regarding the program de3 signed, including a description of the design of the testing

4 program and the quantity of and conditions under which

5 trailers and mobile homes shall be tested and the justifica6 tion for such design of the testing: Provided further, That

7 in order to protect the health and safety of disaster victims,

8 the testing program designed under the previous proviso

9 shall provide for initial short-term testing, and longer-term

10 testing, as required: Provided further, That not later than

11 45 days after the date of enactment of this Act, the Adminis12 trator of the Federal Emergency Management Agency, in

13 conjunction with the head of the Office of Health Affairs

14 of the Department of Homeland Security, the Director of

15 the Centers for Disease Control and Prevention, and the Ad16 ministrator of the Environmental Protection Agency, shall,

17 at a minimum, complete the initial short-term testing de18 scribed in the previous proviso: Provided further, That, to

19 the extent feasible, the Administrator of the Federal Emer20 gency Management Agency shall use a qualified contractor

21 residing or doing business primarily in the Gulf Coast Area

22 to carry out the testing program designed under this head23 ing: Provided further, That, not later than 30 days after

24 the date that the Administrator of the Federal Emergency

25 Management Agency completes the short-term testing under
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HR 2638 EAS

1 this heading, the Administrator of the Federal Emergency

2 Management Agency, in conjunction with the head of the

3 Office of Health Affairs of the Department of Homeland Se4 curity, the Director of the Centers for Disease Control and

5 Prevention, and the Administrator of the Environmental

6 Protection Agency, shall submit to the Committee on Appro7 priations and the Committee on Homeland Security and

8 Governmental Affairs of the Senate a report describing the

9 results of the testing, analyzing such results, providing an

10 assessment of whether there are any health risks associated

11 with the results and the nature of any such health risks,

12 and detailing the plans of the Administrator of the Federal

13 Emergency Management Agency to act on the results of the

14 testing, including any need to relocate individuals living

15 in the trailers or mobile homes provided by the Federal

16 Emergency Management Agency or otherwise assist indi17 viduals affected by the results, plans for the sale or transfer

18 of any trailers or mobile homes (which shall be made in

19 coordination with the Administrator of General Services),

20 and plans to conduct further testing: Provided further, That

21 after completing longer-term testing under this heading, the

22 Administrator of the Federal Emergency Management

23 Agency, in conjunction with the head of the Office of Health

24 Affairs of the Department of Homeland Security, the Direc25 tor of the Centers for Disease Control and Prevention, and
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HR 2638 EAS

1 the Administrator of the Environmental Protection Agency,

2 shall submit to the Committee on Appropriations and the

3 Committee on Homeland Security and Governmental Af4 fairs of the Senate a report describing the results of the test5 ing, analyzing such results, providing an assessment of

6 whether any health risks are associated with the results and

7 the nature of any such health risks, incorporating any addi8 tional relevant information from the shorter-term testing

9 completed under this heading, and detailing the plans and

10 recommendations of the Administrator of the Federal Emer11 gency Management Agency to act on the results of the test12 ing.

13 FIREFIGHTER ASSISTANCE GRANTS

14 For necessary expenses for programs authorized by the

15 Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

16 2201 et seq.), $700,000,000: Provided, That not to exceed

17 five percent of this amount shall be available for program

18 administration: Provided further, That funds shall be allo19 cated as follows: (1) $560,000,000 shall be available to carry

20 out section 33 of that Act (15 U.S.C. 2229), to remain

21 available until September 30, 2009; and (2) $140,000,000

22 shall be available to carry out section 34 of that Act (15

23 U.S.C. 2229a).

24 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

25 For necessary expenses for emergency management

26 performance grants, as authorized by the National Flood
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HR 2638 EAS

1 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert

2 T. Stafford Disaster Relief and Emergency Assistance Act

3 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc4 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza5 tion Plan No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Pro6 vided, That total administrative costs shall not exceed three

7 percent of the total appropriation.

8 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

9 The aggregate charges assessed during fiscal year 2008,

10 as authorized in title III of the Departments of Veterans

11 Affairs and Housing and Urban Development, and Inde12 pendent Agencies Appropriations Act, 1999 (42 U.S.C.

13 5196e), shall not be less than 100 percent of the amounts

14 anticipated by the Department of Homeland Security nec15 essary for its radiological emergency preparedness program

16 for the next fiscal year: Provided, That the methodology for

17 assessment and collection of fees shall be fair and equitable

18 and shall reflect costs of providing such services, including

19 administrative costs of collecting such fees: Provided fur20 ther, That fees received under this heading shall be deposited

21 in this account as offsetting collections and will become

22 available for authorized purposes on October 1, 2008, and

23 remain available until expended.

24 UNITED STATES FIRE ADMINISTRATION

25 For necessary expenses of the United States Fire Ad26 ministration, as authorized by the Federal Fire Prevention
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1 and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the

2 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),

3 $43,300,000.

4 DISASTER RELIEF

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses in carrying out the Robert T.

7 Stafford Disaster Relief and Emergency Assistance Act (42

8 U.S.C. 5121 et seq.), $1,700,000,000, to remain available

9 until expended: Provided, That of the total amount pro10 vided, $13,500,000 shall be transferred to the Department

11 of Homeland Security Office of Inspector General for audits

12 and investigations related to disasters, subject to section 503

13 of this Act: Provided further, That up to $48,000,000 and

14 250 positions may be transferred to ‘‘Management and Ad15 ministration’’, Federal Emergency Management Agency, for

16 management and administration functions, subject to sec17 tion 503 of this Act.

18 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

19 For activities under section 319 of the Robert T. Staf20 ford Disaster Relief and Emergency Assistance Act (42

21 U.S.C. 5162), $875,000, of which $580,000 is for adminis22 trative expenses to carry out the direct loan program and

23 $295,000 is for the cost of direct loans: Provided, That gross

24 obligations for the principal amount of direct loans shall

25 not exceed $25,000,000: Provided further, That the cost of
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1 modifying such loans shall be as defined in section 502 of

2 the Congressional Budget Act of 1974 (2 U.S.C. 661a).

3 FLOOD MAP MODERNIZATION FUND

4 For necessary expenses under section 1360 of the Na5 tional Flood Insurance Act of 1968 (42 U.S.C. 4101),

6 $200,000,000, and such additional sums as may be pro7 vided by State and local governments or other political sub8 divisions for cost-shared mapping activities under section

9 1360(f)(2) of such Act, to remain available until expended:

10 Provided, That total administrative costs shall not exceed

11 three percent of the total appropriation.

12 NATIONAL FLOOD INSURANCE FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For activities under the National Flood Insurance Act

15 of 1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster

16 Protection Act of 1973 (42 U.S.C. 4001 et seq.),

17 $145,000,000, which is available as follows: (1) not to ex18 ceed $45,642,000 for salaries and expenses associated with

19 flood mitigation and flood insurance operations; and (2)

20 not to exceed $99,358,000 for flood hazard mitigation,

21 which shall be derived from offsetting collections assessed

22 and collected under section 1307 of the National Flood In23 surance Act of 1968 (42 U.S.C. 4001 et seq.), to remain

24 available until September 30, 2009, including up to

25 $34,000,000 for flood mitigation expenses under section

26 1366 of that Act, which amount shall be available for trans-
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1 fer to the National Flood Mitigation Fund until September

2 30, 2009: Provided, That in fiscal year 2008, no funds shall

3 be available from the National Flood Insurance Fund in

4 excess of: (1) $70,000,000 for operating expenses; (2)

5 $773,772,000 for commissions and taxes of agents; (3) such

6 sums as are necessary for interest on Treasury borrowings;

7 and (4) $90,000,000 for flood mitigation actions with re8 spect to severe repetitive loss properties under section 1361A

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

10 claims properties under section 1323 of that Act (42 U.S.C.

11 4030), which shall remain available until expended: Pro12 vided further, That total administrative costs shall not ex13 ceed four percent of the total appropriation.

14 NATIONAL FLOOD MITIGATION FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 Notwithstanding subparagraphs (B) and (C) of sub17 section (b)(3), and subsection (f), of section 1366 of the Na18 tional Flood Insurance Act of 1968, $34,000,000 (42 U.S.C.

19 4104c), to remain available until September 30, 2009, for

20 activities designed to reduce the risk of flood damage to

21 structures pursuant to such Act, of which $34,000,000 shall

22 be derived from the National Flood Insurance Fund.

23 NATIONAL PRE-DISASTER MITIGATION FUND

24 For a pre-disaster mitigation grant program under

25 title II of the Robert T. Stafford Disaster Relief and Emer26 gency Assistance Act (42 U.S.C. 5131 et seq.), $120,000,000,
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1 to remain available until expended: Provided, That grants

2 made for pre-disaster mitigation shall be awarded on a

3 competitive basis subject to the criteria in section 203(g)

4 of such Act (42 U.S.C. 5133(g)): Provided further, That

5 total administrative costs shall not exceed three percent of

6 the total appropriation.

7 EMERGENCY FOOD AND SHELTER

8 To carry out an emergency food and shelter program

9 pursuant to title III of the McKinney-Vento Homeless As10 sistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to re11 main available until expended: Provided, That total admin12 istrative costs shall not exceed 3.5 percent of the total appro13 priation.

14 TITLE IV

15 RESEARCH AND DEVELOPMENT, TRAINING, AND

16 SERVICES

17 UNITED STATES CITIZENSHIP AND IMMIGRATION

18 SERVICES

19 For necessary expenses for citizenship and immigra20 tion services, $50,523,000: Provided, That of the total,

21 $20,000,000 provided to address backlogs of security checks

22 associated with pending applications and petitions shall

23 not be available for obligation until the Secretary of Home24 land Security and the United States Attorney General sub25 mit to the Committees on Appropriations of the Senate and

26 the House of Representatives a plan to eliminate the backlog
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1 of security checks that establishes information sharing pro2 tocols to ensure United States Citizenship and Immigration

3 Services has the information it needs to carry out its mis4 sion.

5 FEDERAL LAW ENFORCEMENT TRAINING CENTER

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Law Enforce8 ment Training Center, including materials and support

9 costs of Federal law enforcement basic training; purchase

10 of not to exceed 117 vehicles for police-type use and hire

11 of passenger motor vehicles; expenses for student athletic

12 and related activities; the conduct of and participation in

13 firearms matches and presentation of awards; public aware14 ness and enhancement of community support of law enforce15 ment training; room and board for student interns; a flat

16 monthly reimbursement to employees authorized to use per17 sonal mobile phones for official duties; and services as au18 thorized by section 3109 of title 5, United States Code;

19 $221,076,000, of which up to $43,910,000 for materials and

20 support costs of Federal law enforcement basic training

21 shall remain available until September 30, 2009; of which

22 $300,000 shall remain available until expended for Federal

23 law enforcement agencies participating in training accredi24 tation, to be distributed as determined by the Federal Law

25 Enforcement Training Center for the needs of participating
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1 agencies; and of which not to exceed $12,000 shall be for

2 official reception and representation expenses: Provided,

3 That the Center is authorized to obligate funds in anticipa4 tion of reimbursements from agencies receiving training

5 sponsored by the Center, except that total obligations at the

6 end of the fiscal year shall not exceed total budgetary re7 sources available at the end of the fiscal year: Provided fur8 ther, That section 1202(a) of Public Law 107–206 (42

9 U.S.C. 3771 note) as amended by Public Law 109–295 (120

10 Stat. 1374) is further amended by striking ‘‘December 31,

11 2007’’ and inserting ‘‘December 31, 2011’’.

12 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

13 RELATED EXPENSES

14 For acquisition of necessary additional real property

15 and facilities, construction, and ongoing maintenance, fa16 cility improvements, and related expenses of the Federal

17 Law Enforcement Training Center, $44,470,000, to remain

18 available until expended: Provided, That the Center is au19 thorized to accept reimbursement to this appropriation

20 from government agencies requesting the construction of

21 special use facilities.

22 SCIENCE AND TECHNOLOGY

23 MANAGEMENT AND ADMINISTRATION

24 For salaries and expenses of the Office of the Under

25 Secretary for Science and Technology and for management

26 and administration of programs and activities, as author-
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1 ized by title III of the Homeland Security Act of 2002 (6

2 U.S.C. 181 et seq.), $140,632,000: Provided, That not to

3 exceed $3,000 shall be for official reception and representa4 tion expenses.

5 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

6 For necessary expenses for science and technology re7 search, including advanced research projects; development;

8 test and evaluation; acquisition; and operations; as author9 ized by title III of the Homeland Security Act of 2002 (6

10 U.S.C. 181 et seq.); $697,364,000, to remain available until

11 expended; and of which $103,814,000 shall be for necessary

12 expenses of the field laboratories and assets of the Science

13 and Technology Directorate.

14 DOMESTIC NUCLEAR DETECTION OFFICE

15 MANAGEMENT AND ADMINISTRATION

16 For salaries and expenses of the Domestic Nuclear De17 tection Office and for management and administration of

18 programs and activities, $32,000,000: Provided, That not

19 to exceed $3,000 shall be for official reception and represen20 tation expenses.

21 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

22 For necessary expenses for radiological and nuclear re23 search, development, testing, evaluation and operations,

24 $336,000,000, to remain available until expended, of which

25 $10,000,000 shall be available to support the implementa-
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1 tion of the Securing the Cities initiative at the level re2 quested in the President’s budget.

3 SYSTEMS ACQUISITION

4 For expenses for the Domestic Nuclear Detection Office

5 acquisition and deployment of radiological detection sys6 tems in accordance with the global nuclear detection archi7 tecture, $182,000,000, to remain available until September

8 30, 2010, of which $30,000,000 shall be available to support

9 the implementation of the Securing the Cities initiative at

10 the level requested in the President’s budget: Provided, That

11 none of the funds appropriated under this heading shall be

12 obligated for full-scale procurement of Advanced

13 Spectroscopic Portal Monitors until the Secretary of Home14 land Security has certified through a report to the Commit15 tees on Appropriations of the Senate and the House of Rep16 resentatives that a significant increase in operational effec17 tiveness will be achieved.

18 TITLE V

19 GENERAL PROVISIONS

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

21 this Act shall remain available for obligation beyond the

22 current fiscal year unless expressly so provided herein.

23 SEC. 502. None of the funds available in this Act shall

24 be available to carry out section 872 of Public Law 107–

25 296.
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1 SEC. 503. (a) None of the funds provided by this Act,

2 provided by previous appropriations Acts to the agencies

3 in or transferred to the Department of Homeland Security

4 that remain available for obligation or expenditure in fiscal

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

6 of the United States derived by the collection of fees avail7 able to the agencies funded by this Act, shall be available

8 for obligation or expenditure through a reprogramming of

9 funds that: (1) creates a new program; (2) eliminates a pro10 gram, project, or activity; (3) increases funds for any pro11 gram, project, or activity for which funds have been denied

12 or restricted by the Congress; (4) proposes to use funds di13 rected for a specific activity by either of the Committees

14 on Appropriations of the Senate or the House of Represent15 atives for a different purpose; or (5) contracts out any func16 tion or activity for which funding levels were requested for

17 Federal full-time equivalents in the object classification ta18 bles contained in the fiscal year 2008 Budget Appendix for

19 the Department of Homeland Security, as modified by the

20 joint explanatory statement accompanying this Act; unless

21 the Committees on Appropriations of the Senate and the

22 House of Representatives are notified 15 days in advance

23 of such reprogramming of funds.

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

25 by previous appropriations Acts to the agencies in or trans-
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1 ferred to the Department of Homeland Security that remain

2 available for obligation or expenditure in fiscal year 2008,

3 or provided from any accounts in the Treasury of the

4 United States derived by the collection of fees available to

5 the agencies funded by this Act, shall be available for obliga6 tion or expenditure for programs, projects, or activities

7 through a reprogramming of funds in excess of $5,000,000

8 or 10 percent, whichever is less, that: (1) augments existing

9 programs, projects, or activities; (2) reduces by 10 percent

10 funding for any existing program, project, or activity, or

11 numbers of personnel by 10 percent as approved by the Con12 gress; or (3) results from any general savings from a reduc13 tion in personnel that would result in a change in existing

14 programs, projects, or activities as approved by the Con15 gress; unless the Committees on Appropriations of the Sen16 ate and the House of Representatives are notified 15 days

17 in advance of such reprogramming of funds.

18 (c) Not to exceed 5 percent of any appropriation made

19 available for the current fiscal year for the Department of

20 Homeland Security by this Act or provided by previous ap21 propriations Acts may be transferred between such appro22 priations, but no such appropriations, except as otherwise

23 specifically provided, shall be increased by more than 10

24 percent by such transfers: Provided, That any transfer

25 under this section shall be treated as a reprogramming of
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1 funds under subsection (b) of this section and shall not be

2 available for obligation unless the Committees on Appro3 priations of the Senate and the House of Representatives

4 are notified 15 days in advance of such transfer.

5 (d) Notwithstanding subsections (a), (b), and (c) of

6 this section, no funds shall be reprogrammed within or

7 transferred between appropriations after June 30, except in

8 extraordinary circumstances which imminently threaten

9 the safety of human life or the protection of property.

10 SEC. 504. None of the funds appropriated or otherwise

11 made available to the Department of Homeland Security

12 may be used to make payments to the ‘‘Department of

13 Homeland Security Working Capital Fund’’, except for the

14 activities and amounts allowed in the President’s fiscal

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

16 transit subsidy, mail operations, parking, and competitive

17 sourcing: Provided, That any additional activities and

18 amounts shall be approved by the Committees on Appro19 priations of the Senate and the House of Representatives

20 30 days in advance of obligation.

21 SEC. 505. Except as otherwise specifically provided by

22 law, not to exceed 50 percent of unobligated balances re23 maining available at the end of fiscal year 2008 from ap24 propriations for salaries and expenses for fiscal year 2008

25 in this Act shall remain available through September 30,
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1 2009, in the account and for the purposes for which the

2 appropriations were provided: Provided, That prior to the

3 obligation of such funds, a request shall be submitted to the

4 Committees on Appropriations of the Senate and the House

5 of Representatives for approval in accordance with section

6 503 of this Act.

7 SEC. 506. Funds made available by this Act for intel8 ligence activities are deemed to be specifically authorized

9 by the Congress for purposes of section 504 of the National

10 Security Act of 1947 (50 U.S.C. 414) during fiscal year

11 2008 until the enactment of an Act authorizing intelligence

12 activities for fiscal year 2008.

13 SEC. 507. The Federal Law Enforcement Training Ac14 creditation Board shall lead the Federal law enforcement

15 training accreditation process, to include representatives

16 from the Federal law enforcement community and non-Fed17 eral accreditation experts involved in law enforcement

18 training, to continue the implementation of measuring and

19 assessing the quality and effectiveness of Federal law en20 forcement training programs, facilities, and instructors.

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

22 to make a grant allocation, discretionary grant award, dis23 cretionary contract award, or to issue a letter of intent to24 taling in excess of $1,000,000, or to announce publicly the

25 intention to make such an award, unless the Secretary of
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1 Homeland Security notifies the Committees on Appropria2 tions of the Senate and the House of Representatives at least

3 three full business days in advance: Provided, That no noti4 fication shall involve funds that are not available for obliga5 tion: Provided further, That the notification shall include

6 the amount of the award, the fiscal year in which the funds

7 for the award were appropriated, and the account for which

8 the funds are being drawn from: Provided further, That the

9 Federal Emergency Management Agency shall brief the

10 Committees on Appropriations of the Senate and the House

11 of Representatives five full business days in advance of an12 nouncing publicly the intention of making an award of for13 mula-based grants; law enforcement terrorism prevention

14 grants; high-threat, high-density urban areas grants; or re15 gional catastrophic preparedness grants.

16 SEC. 509. Notwithstanding any other provision of law,

17 no agency shall purchase, construct, or lease any additional

18 facilities, except within or contiguous to existing locations,

19 to be used for the purpose of conducting Federal law enforce20 ment training without the advance approval of the Commit21 tees on Appropriations of the Senate and the House of Rep22 resentatives, except that the Federal Law Enforcement

23 Training Center is authorized to obtain the temporary use

24 of additional facilities by lease, contract, or other agreement
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1 for training which cannot be accommodated in existing

2 Center facilities.

3 SEC. 510. The Director of the Federal Law Enforce4 ment Training Center shall schedule basic and/or advanced

5 law enforcement training at all four training facilities

6 under the control of the Federal Law Enforcement Training

7 Center to ensure that these training centers are operated

8 at the highest capacity throughout the fiscal year.

9 SEC. 511. None of the funds appropriated or otherwise

10 made available by this Act may be used for expenses of any

11 construction, repair, alteration, or acquisition project for

12 which a prospectus, if required by the Public Buildings Act

13 of 1959 (40 U.S.C. 3301), has not been approved, except

14 that necessary funds may be expended for each project for

15 required expenses for the development of a proposed pro16 spectus.

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

18 in contravention of the applicable provisions of the Buy

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

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

21 previous appropriations Acts may be obligated for deploy22 ment or implementation, on other than a test basis, of the

23 Secure Flight program or any other follow on or successor

24 passenger prescreening program, until the Secretary of

25 Homeland Security certifies, and the Government Account-
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1 ability Office reports, to the Committees on Appropriations

2 of the Senate and the House of Representatives, that all ten

3 of the conditions contained in paragraphs (1) through (10)

4 of section 522(a) of Public Law 108–334 (118 Stat. 1319)

5 have been successfully met.

6 (b) The report required by subsection (a) shall be sub7 mitted within 90 days after the Secretary provides the req8 uisite certification, and periodically thereafter, if necessary,

9 until the Government Accountability Office confirms that

10 all ten conditions have been successfully met.

11 (c) Within 90 days of enactment of this Act, the Sec12 retary shall submit to the Committees on Appropriations

13 of the Senate and the House of Representatives a detailed

14 plan that describes: (1) the dates for achieving key mile15 stones, including the date or timeframes that the Secretary

16 will certify the program under subsection (a); and (2) the

17 methodology to be followed to support the Secretary’s certifi18 cation, as required under subsection (a).

19 (d) During the testing phase permitted by subsection

20 (a), no information gathered from passengers, foreign or do21 mestic air carriers, or reservation systems may be used to

22 screen aviation passengers, or delay or deny boarding to

23 such passengers, except in instances where passenger names

24 are matched to a Government watch list.
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1 (e) None of the funds provided in this or previous ap2 propriations Acts may be utilized to develop or test algo3 rithms assigning risk to passengers whose names are not

4 on Government watch lists.

5 (f) None of the funds provided in this or previous ap6 propriations Acts may be utilized for data or a database

7 that is obtained from or remains under the control of a non8 Federal entity: Provided, That this restriction shall not

9 apply to Passenger Name Record data obtained from air

10 carriers.

11 SEC. 514. None of the funds made available in this

12 Act may be used to amend the oath of allegiance required

13 by section 337 of the Immigration and Nationality Act (8

14 U.S.C. 1448).

15 SEC. 515. None of the funds appropriated by this Act

16 may be used to process or approve a competition under Of17 fice of Management and Budget Circular A–76 for services

18 provided as of June 1, 2004, by employees (including em19 ployees serving on a temporary or term basis) of United

20 States Citizenship and Immigration Services of the Depart21 ment of Homeland Security who are known as of that date

22 as Immigration Information Officers, Contact Representa23 tives, or Investigative Assistants.

24 SEC. 516. (a) None of the funds appropriated to the

25 United States Secret Service by this Act or by previous ap-
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1 propriations Acts may be made available for the protection

2 of the head of a Federal agency other than the Secretary

3 of Homeland Security: Provided, That the Director of the

4 United States Secret Service may enter into an agreement

5 to perform such service on a fully reimbursable basis.

6 (b) None of the funds appropriated by this or any other

7 Act to the United States Secret Service shall be made avail8 able for the protection of a Federal official, other than per9 sons granted protection under section 3056(a) of title 18,

10 United States Code, and the Secretary of Homeland Secu11 rity: Provided, That the Director of the United States Secret

12 Service may enter into an agreement to perform such pro13 tection on a fully reimbursable basis for protectees not des14 ignated under section 3056(a) of title 18, United States

15 Code.

16 SEC. 517. (a) The Secretary of Homeland Security is

17 directed to research, develop, and procure new technologies

18 to inspect and screen air cargo carried on passenger air19 craft at the earliest date possible.

20 (b) Existing checked baggage explosive detection equip21 ment and screeners shall be utilized to screen air cargo car22 ried on passenger aircraft to the greatest extent practicable

23 at each airport until technologies developed under sub24 section (a) are available.
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1 (c) The Transportation Security Administration shall

2 report air cargo inspection statistics quarterly to the Com3 mittees on Appropriations of the Senate and the House of

4 Representatives, by airport and air carrier, within 45 days

5 after the end of the quarter including any reason for non6 compliance with the second proviso of section 513 of the

7 Department of Homeland Security Appropriations Act,

8 2005 (Public Law 108–334, 118 Stat. 1317).

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

10 Act may be used by any person other than the Privacy Offi11 cer appointed under section 222 of the Homeland Security

12 Act of 2002 (6 U.S.C. 142) to alter, direct that changes be

13 made to, delay, or prohibit the transmission to Congress

14 of any report prepared under paragraph (6) of such section.

15 SEC. 519. No funding provided by this or previous ap16 propriation Acts shall be available to pay the salary of any

17 employee serving as a contracting officer’s technical rep18 resentative (COTR), or anyone acting in a similar or like

19 capacity, who has not received COTR training.

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

21 49, United States Code, funds appropriated or transferred

22 to Transportation Security Administration ‘‘Aviation Se23 curity’’, ‘‘Administration’’ and ‘‘Transportation Security

24 Support’’ in fiscal years 2004, 2005, 2006, and 2007 that

25 are recovered or deobligated shall be available only for pro-
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1 curement and installation of explosive detection systems for

2 air cargo, baggage, and checkpoint screening systems, sub3 ject to notification.

4 SEC. 521. Section 525(d) of the Department of Home5 land Security Appropriations Act, 2007 (Public Law 109–

6 295; 120 Stat. 1382) shall apply to fiscal year 2008.

7 (RESCISSION OF FUNDS)

8 SEC. 522. From the unobligated balances of funds

9 transferred to the Department of Homeland Security when

10 it was created in 2003, excluding mandatory appropria11 tions, $45,000,000 is rescinded, of which $12,000,000 shall

12 be rescinded from Departmental Operations; $12,000,000

13 shall be rescinded from the Office of State and Local Gov14 ernment Coordination; and $6,000,000 shall be rescinded

15 from the Working Capital Fund.

16 SEC. 523. Any funds appropriated to United States

17 Coast Guard, ‘‘Acquisition, Construction, and Improve18 ments’’ in fiscal years 2002, 2003, 2004, 2005, and 2006

19 for the 110–123 foot patrol boat conversion that are recov20 ered, collected, or otherwise received as the result of negotia21 tion, mediation, or litigation, shall be available until ex22 pended for the Replacement Patrol Boat (FRC–B) program.

23 SEC. 524. The Department of Homeland Security

24 Working Capital Fund, established, pursuant to section 403

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

26 operations during fiscal year 2008.
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1 SEC. 525. (a) The Federal Emergency Management

2 Agency (FEMA) shall submit a quarterly report to the

3 Committees on Appropriations of the Senate and the House

4 of Representatives detailing the allocation and obligation

5 of funds for ‘‘Disaster Relief’’ to include:

6 (1) status of the Disaster Relief Fund (DRF) in7 cluding obligations, allocations, and amounts undis8 tributed/unallocated;

9 (2) allocations, obligations, and expenditures for

10 all open disasters;

11 (3) information on national flood insurance

12 claims;

13 (4) obligations, allocations and expenditures by

14 State for unemployment, crisis counseling, inspec15 tions, housing assistance, manufactured housing, pub16 lic assistance and individual assistance;

17 (5) mission assignment obligations by agency,

18 including:

19 (A) the amounts reimbursed to other agen20 cies that are in suspense because FEMA has not

21 yet reviewed and approved the documentation

22 supporting the expenditure; and

23 (B) a disclaimer if the amounts of reported

24 obligations and expenditures do not reflect the
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1 status of such obligations and expenditures from

2 a government-wide perspective;

3 (6) the amount of credit card purchases by agen4 cy and mission assignment;

5 (7) specific reasons for all waivers granted and

6 a description of each waiver;

7 (8) a list of all contracts that were awarded on

8 a sole source or limited competition basis, including

9 the dollar amount, the purpose of the contract and the

10 reason for the lack of competitive award; and

11 (9) an estimate of when available appropriations

12 will be exhausted, assuming an average disaster sea13 son.

14 (b) The Secretary of Homeland Security shall at least

15 quarterly obtain from agencies performing mission assign16 ments each such agency’s actual obligation and expenditure

17 data and report to the Committees on Appropriations of

18 the Senate and the House of Representatives.

19 (c) For any request for reimbursement from a Federal

20 agency to the Department of Homeland Security to cover

21 expenditures under the Stafford Act (42 U.S.C. 5121 et

22 seq.), or any mission assignment orders issued by the De23 partment of Homeland Security for such purposes, the Sec24 retary of Homeland Security shall take appropriate steps
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1 to ensure that each agency is periodically reminded of De2 partment of Homeland Security policies on—

3 (1) the detailed information required in sup4 porting documentation for reimbursements, and

5 (2) the necessity for timeliness of agency billings.

6 (d) Notwithstanding section 404 of the Robert T. Staf7 ford Disaster Relief and Emergency Assistance Act (42

8 U.S.C. 5170c), projects relating to Hurricanes Katrina and

9 Rita for which the non-Federal share of assistance under

10 that section is funded by amounts appropriated to the Com11 munity Development Fund under chapter 9 of title I of di12 vision B of the Department of Defense, Emergency Supple13 mental Appropriations to Address Hurricanes in the Gulf

14 of Mexico, and Pandemic Influenza Act, 2006 (Public Law

15 109–148; 119 Stat. 2779) or chapter 9 of title II of the

16 Emergency Supplemental Appropriations Act for Defense,

17 the Global War on Terror, and Hurricane Recovery, 2006

18 (Public Law 109–234; 120 Stat. 472) shall not be subject

19 to any precertification requirements.

20 SEC. 526. Within 45 days after the close of each month,

21 the Chief Financial Officer of the Department of Homeland

22 Security shall submit to the Committees on Appropriations

23 of the Senate and the House of Representatives a monthly

24 budget and staffing report that includes total obligations,
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1 on-board versus funded full-time equivalent staffing levels,

2 and the number of contract employees by office.

3 SEC. 527. Section 532(a) of Public Law 109–295 is

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

5 SEC. 528. The Federal Law Enforcement Training

6 Center instructor staff shall be classified as inherently gov7 ernmental for the purpose of the Federal Activities Inven8 tory Reform Act of 1998 (31 U.S.C. 501 note).

9 SEC. 529. None of the funds provided in this Act may

10 be used to alter or reduce operations within the Civil Engi11 neering Program of the Coast Guard nationwide, including

12 the civil engineering units, facilities, design, and construc13 tion centers, maintenance and logistics command centers,

14 and the Coast Guard Academy, except as specifically au15 thorized by a statute enacted after the date of enactment

16 of this Act.

17 SEC. 530. EXTENSION OF THE IMPLEMENTATION

18 DEADLINE FOR THE WESTERN HEMISPHERE TRAVEL INI19 TIATIVE. Subparagraph (A) of section 7209(b)(1) of the In20 telligence Reform and Terrorism Prevention Act of 2004

21 (Public Law 108–458; 8 U.S.C. 1185 note) is amended by

22 striking ‘‘This plan shall be implemented not later than

23 three months after the Secretary of State and the Secretary

24 of Homeland Security make the certifications required in

25 subsection (B), or June 1, 2009, whichever is earlier.’’ and
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1 inserting ‘‘Such plan may not be implemented earlier than

2 the date that is the later of 3 months after the Secretary

3 of State and the Secretary of Homeland Security make the

4 certification required in subparagraph (B) or June 1,

5 2009.’’.

6 SEC. 531. Section 550 of the Department of Homeland

7 Security Appropriations Act, 2007 (6 U.S.C. 121 note) is

8 amended by adding at the end the following:

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

10 of any State or political subdivision thereof to adopt or en11 force any regulation, requirement, or standard of perform12 ance with respect to chemical facility security that is more

13 stringent than a regulation, requirement, or standard of

14 performance issued under this section, or otherwise impair

15 any right or jurisdiction of any State with respect to chem16 ical facilities within that State, unless there is an actual

17 conflict between this section and the law of that State.’’.

18 SEC. 532. None of the funds provided in this Act under

19 the heading ‘‘Office of the Chief Information Officer’’ shall

20 be used for data center development other than for the Na21 tional Center for Critical Information Processing and Stor22 age until the Chief Information Officer certifies that the Na23 tional Center for Critical Information Processing and Stor24 age is fully utilized as the Department’s primary data stor25 age center at the highest capacity throughout the fiscal year.
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1 SEC. 533. None of the funds in this Act shall be used

2 to reduce the United States Coast Guard’s Operations Sys3 tems Center mission or its government-employed or contract

4 staff levels.

5 SEC. 534. (a) Notwithstanding section 503 of this Act,

6 up to $25,000,000 from prior year balances currently avail7 able to the Transportation Security Administration may

8 be transferred to ‘‘Transportation Threat Assessment and

9 Credentialing’’ for the Secure Flight program.

10 (b) In carrying out the transfer authority under sub11 section (a), the Transportation Security Administration

12 shall not utilize any prior year balances from the following

13 programs: screener partnership program; explosive detec14 tion system purchase; explosive detection system installa15 tion; checkpoint support; aviation regulation and other en16 forcement; air cargo; and air cargo research and develop17 ment: Provided, That any funds proposed to be transferred

18 under this section shall not be available for obligation until

19 the Committees on Appropriations of the Senate and the

20 House of Representatives receive and approve a plan for

21 expenditure for such funds that is submitted by the Sec22 retary of Homeland Security: Provided further, That the

23 plan shall be submitted simultaneously to the Government

24 Accountability Office for review consistent with its ongoing
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1 assessment of the Secure Flight Program as mandated by

2 section 522(a) of Public Law 108–334 (118 Stat. 1319).

3 SEC. 535. DISASTER ASSISTANCE FOR SCHOOLS. (a)

4 DEFINITIONS.—In this section—

5 (1) the term ‘‘Administrator’’ means the Admin6 istrator of the Federal Emergency Management Agen7 cy;

8 (2) the term ‘‘covered assistance’’ means

9 assistance—

10 (A) provided under section 406 of the Rob11 ert T. Stafford Disaster Relief and Emergency

12 Assistance Act (42 U.S.C. 5172);

13 (B) to be used to—

14 (i) repair, restore, reconstruct, or re15 place school facilities; or

16 (ii) replace lost contents of a school;

17 and

18 (C) for damage caused by Hurricane

19 Katrina of 2005 or Hurricane Rita of 2005; and

20 (3) the term ‘‘local educational agency’’ has the

21 meaning given that term in section 9101 of the Ele22 mentary and Secondary Education Act of 1965 (20

23 U.S.C. 7801).

24 (b) ASSISTANCE TO SCHOOLS.—
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1 (1) IN GENERAL.—A local educational agency

2 that has applied for covered assistance before the date

3 of enactment of this Act may request that such assist4 ance (including any eligible costs discovered after the

5 date of the estimate of eligible costs under section

6 406(e)(1)(A) of the Robert T. Stafford Disaster Relief

7 and Emergency Assistance Act (42 U.S.C.

8 5172(e)(1)(A)) and any cost that was determined to

9 be an eligible cost after an appeal or review) be pro10 vided in a single payment.

11 (2) DISBURSEMENT OF ASSISTANCE.—Not later

12 than 30 days after the date that a local educational

13 agency makes a request under paragraph (1), the Ad14 ministrator shall provide in a single payment any

15 covered assistance for any eligible cost that was ap16 proved by the Administrator on or before the date of

17 that request.

18 (3) FLOOD INSURANCE REDUCTION.—For any

19 covered assistance provided under paragraph (2), the

20 Administrator shall make not more than 1 reduction

21 under section 406(d) of the Robert T. Stafford Dis22 aster Relief and Emergency Assistance Act (42 U.S.C.

23 5172(d)) in the amount of assistance provided.

24 (c) ALTERNATE USE.—For any covered assistance pro25 vided under subsection (b)(2), the amount of that assistance
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1 shall not be reduced under section 406(c)(1) of the Robert

2 T. Stafford Disaster Relief and Emergency Assistance Act

3 (42 U.S.C. 5172(c)(1)).

4 (d) APPLICABILITY.—This section shall apply to any

5 covered assistance provided on or after the date of enact6 ment of this Act.

7 SEC. 536. TECHNICAL CORRECTIONS. (a) IN GEN8 ERAL.—

9 (1) REDESIGNATIONS.—Chapter 27 of title 18,

10 United States Code, is amended by redesignating sec11 tion 554 added by section 551(a) of the Department

12 of Homeland Security Appropriations Act, 2007

13 (Public Law 109–295; 120 Stat. 1389) (relating to

14 border tunnels and passages) as section 555.

15 (2) TABLE OF SECTIONS.—The table of sections

16 for chapter 27 of title 18, United States Code, is

17 amended by striking the item relating to section 554,

18 ‘‘Border tunnels and passages’’, and inserting the fol19 lowing:

‘‘555. Border tunnels and passages.’’.

20 (b) CRIMINAL FORFEITURE.—Section 982(a)(6) of title

21 18, United States Code, is amended by striking ‘‘554’’ and

22 inserting ‘‘555’’.

23 (c) DIRECTIVE TO THE UNITED STATES SENTENCING

24 COMMISSION.—Section 551(d) of the Department of Home25 land Security Appropriations Act, 2007 (Public Law 109–
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1 295; 120 Stat. 1390) is amended in paragraphs (1) and

2 (2)(A) by striking ‘‘554’’ and inserting ‘‘555’’.

3 SEC. 537. SEXUAL ABUSE. Sections 2241, 2242, 2243,

4 and 2244 of title 18, United States Code, are each amended

5 by striking ‘‘the Attorney General’’ each place that term ap6 pears and inserting ‘‘the head of any Federal department

7 or agency’’.

8 SEC. 538. PLAN FOR THE CONTROL AND MANAGEMENT

9 OF ARUNDO DONAX. (a) DEFINITIONS.—In this section:

10 (1) ARUNDO DONAX.—The term ‘‘Arundo donax’’

11 means a tall perennial reed commonly known as

12 ‘‘Carrizo cane’’, ‘‘Spanish cane’’, ‘‘wild cane’’, and

13 ‘‘giant cane’’.

14 (2) PLAN.—The term ‘‘plan’’ means the plan for

15 the control and management of Arundo donax devel16 oped under subsection (b).

17 (3) RIVER.—The term ‘‘River’’ means the Rio

18 Grande River.

19 (4) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of Homeland Security.

21 (b) DEVELOPMENT OF PLAN.—

22 (1) IN GENERAL.—The Secretary shall develop a

23 plan for the control and management of Arundo

24 donax along the portion of the River that serves as the
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1 international border between the United States and

2 Mexico.

3 (2) COMPONENTS.—In developing the plan, the

4 Secretary shall address—

5 (A) information derived by the Secretary of

6 Agriculture and the Secretary of the Interior

7 from ongoing efforts to identify the most effective

8 biological, mechanical, and chemical means of

9 controlling and managing Arundo donax;

10 (B) past and current efforts to

11 understand—

12 (i) the ecological damages caused by

13 Arundo donax; and

14 (ii) the dangers Arundo donax poses to

15 Federal and local law enforcement;

16 (C) any international agreements and trea17 ties that need to be completed to allow for the

18 control and management of Arundo donax on

19 both sides of the River;

20 (D) the long-term efforts that the Secretary

21 considers to be necessary to control and manage

22 Arundo donax, including the cost estimates for

23 the implementation of the efforts; and
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1 (E) whether a waiver of applicable Federal

2 environmental laws (including regulations) is

3 necessary.

4 (3) CONSULTATION.—The Secretary shall develop

5 the plan in consultation with the Secretary of Agri6 culture, the Secretary of the Interior, the Secretary of

7 State, the Chief of Engineers, and any other Federal

8 and State agencies that have appropriate expertise re9 garding the control and management of Arundo

10 donax.

11 (c) REPORT.—Not later than 90 days after the date

12 of enactment of this Act, the Secretary shall submit the plan

13 to—

14 (1) the Committees on the Judiciary of the Sen15 ate and the House of Representatives; and

16 (2) the Committees on Appropriations of the

17 Senate and the House of Representatives.

18 SEC. 539. REPORTING OF WASTE, FRAUD, AND ABUSE.

19 Not later than 30 days after the date of enactment of this

20 Act—

21 (1) the Secretary of Homeland Security shall es22 tablish and maintain on the homepage of the website

23 of the Department of Homeland Security, a direct

24 link to the website of the Office of Inspector General

25 of the Department of Homeland Security; and
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1 (2) the Inspector General of the Department of

2 Homeland Security shall establish and maintain on

3 the homepage of the website of the Office of Inspector

4 General a direct link for individuals to anonymously

5 report waste, fraud, or abuse.

6 SEC. 540. The Secretary of Homeland Security shall

7 require that all contracts of the Department of Homeland

8 Security that provide award fees link such fees to successful

9 acquisition outcomes (which outcomes shall be specified in

10 terms of cost, schedule, and performance).

11 SEC. 541. None of the funds made available to the Of12 fice of the Secretary and Executive Management under this

13 Act may be expended for any new hires by the Department

14 of Homeland Security that are not verified through the

15 basic pilot program required under section 401 of the Illegal

16 Immigration Reform and Immigrant Responsibility Act of

17 1996 (8 U.S.C. 1324a note).

18 SEC. 542. None of the funds made available in this

19 Act for U.S. Customs and Border Protection or any agency

20 or office within the Department of Homeland Security may

21 be used to prevent an individual from importing a prescrip22 tion drug from Canada if—

23 (1) such individual is not in the business of im24 porting a prescription drug (within the meaning of
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1 section 801(g) of the Federal Food, Drug, and Cos2 metic Act (21 U.S.C. 381(g))); and

3 (2) such drug—

4 (A) complies with sections 501, 502, and

5 505 of the Federal Food, Drug, and Cosmetic Act

6 (21 U.S.C. 351, 352, and 355); and

7 (B) is not—

8 (i) a controlled substance, as defined in

9 section 102 of the Controlled Substances Act

10 (21 U.S.C. 802); or

11 (ii) a biological product, as defined in

12 section 351 of the Public Health Service Act

13 (42 U.S.C. 262).

14 SEC. 543. PROHIBITION ON USE OF FUNDS FOR RULE15 MAKING RELATED TO PETITIONS FOR ALIENS. None of the

16 funds made available in this Act may be used by the Sec17 retary of Homeland Security or any delegate of the Sec18 retary to issue any rule or regulation which implements

19 the Notice of Proposed Rulemaking related to Petitions for

20 Aliens To Perform Temporary Nonagricultural Services or

21 Labor (H–2B) set out beginning on 70 Federal Register

22 3984 (January 27, 2005).

23 SEC. 544. None of the funds appropriated or otherwise

24 made available by this Act may be obligated or expended

25 by the Secretary of Homeland Security to remove offenses
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1 from the list of criminal offenses disqualifying individuals

2 from receiving a Transportation Worker Identification Cre3 dential under section 1572.103 of title 49, Code of Federal

4 Regulations.

5 SEC. 545. (a)(1)(A) None of the funds appropriated

6 or otherwise made available by this Act may be used to

7 make any payment in connection with a contract awarded

8 through a congressional initiative unless the contract is

9 awarded using competitive procedures in accordance with

10 the requirements of section 303 of the Federal Property and

11 Administrative Services Act of 1949 (41 U.S.C. 253), sec12 tion 2304 of title 10, United States Code, and the Federal

13 Acquisition Regulation.

14 (B) Except as provided in paragraph (3), none of the

15 funds appropriated or otherwise made available by this Act

16 may be used to make any payment in connection with a

17 contract awarded through a congressional initiative unless

18 more than one bid is received for such contract.

19 (2) Notwithstanding any other provision of this Act,

20 none of the funds appropriated or otherwise made available

21 by this Act may be awarded by grant or cooperative agree22 ment through a congressional initiative unless the process

23 used to award such grant or cooperative agreement uses

24 competitive procedures to select the grantee or award recipi25 ent. Except as provided in paragraph (3), no such grant
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1 may be awarded unless applications for such grant or coop2 erative agreement are received from two or more applicants

3 that are not from the same organization and do not share

4 any financial, fiduciary, or other organizational relation5 ship.

6 (3)(A) If the Secretary of Homeland Security does not

7 receive more than one bid for a contract under paragraph

8 (1)(B) or does not receive more than one application from

9 unaffiliated applicants for a grant or cooperative agreement

10 under paragraph (2), the Secretary may waive such bid or

11 application requirement if the Secretary determines that

12 the contract, grant, or cooperative agreement is essential to

13 the mission of the Department of Homeland Security.

14 (b)(1) Not later than December 31, 2008, the Secretary

15 of Homeland Security shall submit to Congress a report on

16 congressional initiatives for which amounts were appro17 priated during fiscal year 2008.

18 (2) The report submitted under paragraph (1) shall

19 include with respect to each contract and grant awarded

20 through a congressional initiative—

21 (A) the name of the recipient of the funds award22 ed through such contract or grant;

23 (B) the reason or reasons such recipient was se24 lected for such contract or grant; and
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1 (C) the number of entities that competed for such

2 contract or grant.

3 (3) The report submitted under paragraph (1) shall

4 be made publicly available through the Internet website of

5 the Department of Homeland Security.

6 (c) In this section:

7 (1) The term ‘‘congressional initiative’’ means a

8 provision of law or a directive contained within a

9 committee report or joint statement of managers of an

10 appropriations Act that specifies—

11 (A) the identity of a person or entity se12 lected to carry out a project, including a defense

13 system, for which funds are appropriated or oth14 erwise made available by that provision of law

15 or directive and that was not requested by the

16 President in a budget submitted to Congress; and

17 (B) the amount of the funds appropriated

18 or otherwise made available for such project.

19 (2) The term ‘‘executive agency’’ has the mean20 ing given such term in section 4 of the Office of Fed21 eral Procurement Policy Act (41 U.S.C. 403).

22 SEC. 546. BORDER SECURITY REQUIREMENTS FOR

23 LAND AND MARITIME BORDERS OF THE UNITED STATES.

24 (a) OPERATIONAL CONTROL OF THE UNITED STATES BOR-
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1 DERS.—The President shall ensure that operational control

2 of all international land and maritime borders is achieved.

3 (b) ACHIEVING OPERATIONAL CONTROL.—The Sec4 retary of Homeland Security shall establish and dem5 onstrate operational control of 100 percent of the inter6 national land and maritime borders of the United States,

7 including the ability to monitor such borders through avail8 able methods and technology.

9 (1) STAFF ENHANCEMENTS FOR BORDER PA10 TROL.—The United States Customs and Border Pro11 tection Border Patrol may hire, train, and report for

12 duty additional full-time agents. These additional

13 agents shall be deployed along all international bor14 ders.

15 (2) STRONG BORDER BARRIERS.—The United

16 States Customs and Border Protection Border Patrol

17 may:

18 (A) Install along all international borders

19 of the United States vehicle barriers;

20 (B) Install along all international borders

21 of the United States ground-based radar and

22 cameras; and

23 (C) Deploy for use along all international

24 borders of the United States unmanned aerial ve-
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1 hicles, and the supporting systems for such vehi2 cles;

3 (c) PRESIDENTIAL PROGRESS REPORT.—

4 (1) IN GENERAL.—Not later than 90 days after

5 the date of enactment of this Act, and every 90 days

6 thereafter, the President shall submit a report to Con7 gress detailing the progress made in funding, meeting

8 or otherwise satisfying each of the requirements de9 scribed under paragraphs (1) and (2).

10 (2) PROGRESS NOT SUFFICIENT.—If the Presi11 dent determines that sufficient progress is not being

12 made, the President shall include in the report re13 quired under paragraph (1) specific funding rec14 ommendations, authorization needed, or other actions

15 that are or should be undertaken by the Secretary of

16 Homeland Security.

17 (d) APPROPRIATIONS FOR SECURING LAND AND MARI18 TIME BORDERS OF THE UNITED STATES.—Any funds ap19 propriated under division B of this Act shall be used to

20 ensure operational control is achieved for all international

21 land and maritime borders of the United States.

22 SEC. 547. IMPROVEMENTS TO THE EMPLOYMENT ELI23 GIBILITY VERIFICATION BASIC PILOT PROGRAM. Of the

24 amounts appropriated for border security and employment
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1 verification improvements under section 1003 of Division

2 B, $60,000,000 shall be made available to—

3 (1) ensure that State and local programs have

4 sufficient access to, and are sufficiently coordinated

5 with, the Federal Government’s Employment Eligi6 bility Verification System;

7 (2) ensure that such system has sufficient capac8 ity to timely and accurately—

9 (A) register employers in States with em10 ployer verification requirements;

11 (B) respond to inquiries by employers; and

12 (C) enter into memoranda of understanding

13 with States to ensure responses to subparagraphs

14 (A) and (B); and

15 (3) develop policies and procedures to ensure

16 protection of the privacy and security of personally

17 identifiable information and identifiers contained in

18 the basic pilot program, including appropriate pri19 vacy and security training for State employees;

20 (4) ensure that the Office for Civil Rights and

21 Civil Liberties of the Department of Justice has suffi22 cient capacity to conduct audits of the Federal Gov23 ernment’s Employment Eligibility Verification Sys24 tem to assess employer compliance with System re-
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1 quirements, including the applicable Memorandum of

2 Understanding;

3 (5) these amounts are designated as an emer4 gency requirement pursuant to section 204 of S. Con.

5 Res. 21 (110th Congress).

6 SEC. 548. IN-LIEU CONTRIBUTION. The Administrator

7 of the Federal Emergency Management Agency shall au8 thorize a large in-lieu contribution under section 406(c)(1)

9 of the Robert T. Stafford Disaster Relief and Emergency

10 Assistance Act (42 U.S.C. 5172(c)(1)) to the Peebles School

11 in Iberia Parish, Louisiana for damages relating to Hurri12 cane Katrina of 2005 or Hurricane Rita of 2005, notwith13 standing section 406(c)(1)(C) of the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 U.S.C.

15 5172(c)(1)(C)).

16 SEC. 549. NATIONAL STRATEGY ON CLOSED CIRCUIT

17 TELEVISION SYSTEMS. (a) IN GENERAL.—Not later than

18 1 year after the date of the enactment of this Act, the Sec19 retary of Homeland Security shall—

20 (1) develop a national strategy for the effective

21 and appropriate use of closed circuit television to pre22 vent and respond to acts of terrorism, which shall

23 include—

24 (A) an assessment of how closed circuit tele25 vision and other public surveillance systems can
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1 be used most effectively as part of an overall ter2 rorism preparedness, prevention, and response

3 program, and its appropriate role in such a pro4 gram;

5 (B) a comprehensive examination of the ad6 vantages and limitations of closed circuit tele7 vision and, as appropriate, other public surveil8 lance technologies;

9 (C) best practices on camera use and data

10 storage;

11 (D) plans for coordination between the Fed12 eral Government and State and local govern13 ments, and the private sector—

14 (i) in the development and use of closed

15 circuit television systems; and

16 (ii) for Federal assistance and support

17 for State and local utilization of such sys18 tems;

19 (E) plans for pilot programs or other means

20 of determining the real-world efficacy and limi21 tations of closed circuit televisions systems;

22 (F) an assessment of privacy and civil lib23 erties concerns raised by use of closed circuit tel24 evision and other public surveillance systems,

25 and guidelines to address such concerns; and
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1 (G) an assessment of whether and how

2 closed circuit television systems and other public

3 surveillance systems are effectively utilized by

4 other democratic countries in combating ter5 rorism; and

6 (2) provide to the Committees on Homeland Se7 curity and Governmental Affairs, Appropriations,

8 and the Judiciary of the Senate and the Committees

9 on Homeland Security, Appropriations, and the Ju10 diciary of the House of Representatives a report that

11 includes—

12 (A) the strategy required under paragraph

13 (1);

14 (B) the status and findings of any pilot

15 program involving closed circuit televisions or

16 other public surveillance systems conducted by,

17 in coordination with, or with the assistance of

18 the Department of Homeland Security up to the

19 time of the report; and

20 (C) the annual amount of funds used by the

21 Department of Homeland Security, either di22 rectly by the Department or through grants to

23 State, local, or tribal governments, to support

24 closed circuit television and the public surveil-
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1 lance systems of the Department, since fiscal

2 year 2004.

3 (b) CONSULTATION.—In preparing the strategy and

4 report required under subsection (a), the Secretary of

5 Homeland Security shall consult with the Attorney General,

6 the Chief Privacy Officer of the Department of Homeland

7 Security, and the Officer for Civil Rights and Civil Lib8 erties of the Department of Homeland Security.

9 SEC. 550. SECURE HANDLING OF AMMONIUM NI10 TRATE.—(a) IN GENERAL.—Title VIII of the Homeland Se11 curity Act of 2002 (6 U.S.C. 361 et seq.) is amended by

12 adding at the end the following:

13 ‘‘Subtitle J—Secure Handling of

14 Ammonium Nitrate

15 ‘‘SEC. 899A. DEFINITIONS.

16 ‘‘In this subtitle:

17 ‘‘(1) AMMONIUM NITRATE.—The term ‘ammo18 nium nitrate’ means—

19 ‘‘(A) solid ammonium nitrate that is chiefly

20 the ammonium salt of nitric acid and contains

21 not less than 33 percent nitrogen by weight; and

22 ‘‘(B) any mixture containing a percentage

23 of ammonium nitrate that is equal to or greater

24 than the percentage determined by the Secretary

25 under section 899B(b).
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1 ‘‘(2) AMMONIUM NITRATE FACILITY.—The term

2 ‘ammonium nitrate facility’ means any entity that

3 produces, sells or otherwise transfers ownership of, or

4 provides application services for ammonium nitrate.

5 ‘‘(3) AMMONIUM NITRATE PURCHASER.—The

6 term ‘ammonium nitrate purchaser’ means any per7 son who buys and takes possession of ammonium ni8 trate from an ammonium nitrate facility.

9 ‘‘SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF

10 AMMONIUM NITRATE.

11 ‘‘(a) IN GENERAL.—The Secretary shall regulate the

12 sale and transfer of ammonium nitrate by an ammonium

13 nitrate facility in accordance with this subtitle to prevent

14 the misappropriation or use of ammonium nitrate in an

15 act of terrorism.

16 ‘‘(b) AMMONIUM NITRATE MIXTURES.—Not later than

17 90 days after the date of the enactment of this subtitle, the

18 Secretary, in consultation with the heads of appropriate

19 Federal departments and agencies (including the Secretary

20 of Agriculture), shall, after notice and an opportunity for

21 comment, establish a threshold percentage for ammonium

22 nitrate in a substance.

23 ‘‘(c) REGISTRATION OF OWNERS OF AMMONIUM NI24 TRATE FACILITIES.—
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1 ‘‘(1) REGISTRATION.—The Secretary shall estab2 lish a process by which any person that—

3 ‘‘(A) owns an ammonium nitrate facility is

4 required to register with the Department; and

5 ‘‘(B) registers under subparagraph (A) is

6 issued a registration number for purposes of this

7 subtitle.

8 ‘‘(2) REGISTRATION INFORMATION.—Any person

9 applying to register under paragraph (1) shall submit

10 to the Secretary—

11 ‘‘(A) the name, address, and telephone num12 ber of each ammonium nitrate facility owned by

13 that person;

14 ‘‘(B) the name of the person designated by

15 that person as the point of contact for each such

16 facility, for purposes of this subtitle; and

17 ‘‘(C) such other information as the Sec18 retary may determine is appropriate.

19 ‘‘(d) REGISTRATION OF AMMONIUM NITRATE PUR20 CHASERS.—

21 ‘‘(1) REGISTRATION.—The Secretary shall estab22 lish a process by which any person that—

23 ‘‘(A) intends to be an ammonium nitrate

24 purchaser is required to register with the De25 partment; and
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1 ‘‘(B) registers under subparagraph (A) is

2 issued a registration number for purposes of this

3 subtitle.

4 ‘‘(2) REGISTRATION INFORMATION.—Any person

5 applying to register under paragraph (1) as an am6 monium nitrate purchaser shall submit to the

7 Secretary—

8 ‘‘(A) the name, address, and telephone num9 ber of the applicant; and

10 ‘‘(B) the intended use of ammonium nitrate

11 to be purchased by the applicant.

12 ‘‘(e) RECORDS.—

13 ‘‘(1) MAINTENANCE OF RECORDS.—The owner of

14 an ammonium nitrate facility shall—

15 ‘‘(A) maintain a record of each sale or

16 transfer of ammonium nitrate, during the two17 year period beginning on the date of that sale or

18 transfer; and

19 ‘‘(B) include in such record the information

20 described in paragraph (2).

21 ‘‘(2) SPECIFIC INFORMATION REQUIRED.—For

22 each sale or transfer of ammonium nitrate, the owner

23 of an ammonium nitrate facility shall—

24 ‘‘(A) record the name, address, telephone

25 number, and registration number issued under
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1 subsection (c) or (d) of each person that takes

2 possession of ammonium nitrate, in a manner

3 prescribed by the Secretary;

4 ‘‘(B) if applicable, record the name, address,

5 and telephone number of each individual who

6 takes possession of the ammonium nitrate on be7 half of the person described in subparagraph (A),

8 at the point of sale;

9 ‘‘(C) record the date and quantity of ammo10 nium nitrate sold or transferred; and

11 ‘‘(D) verify the identity of the persons de12 scribed in subparagraphs (A) and (B), as appli13 cable, in accordance with a procedure established

14 by the Secretary.

15 ‘‘(3) PROTECTION OF INFORMATION.—In main16 taining records in accordance with paragraph (1), the

17 owner of an ammonium nitrate facility shall take

18 reasonable actions to ensure the protection of the in19 formation included in such records.

20 ‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.—The

21 Secretary may exempt from this subtitle a person pro22 ducing, selling, or purchasing ammonium nitrate exclu23 sively for use in the production of an explosive under a li24 cense issued under chapter 40 of title 18, United States

25 Code.
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1 ‘‘(g) CONSULTATION.—In carrying out this section, the

2 Secretary shall consult with the Secretary of Agriculture,

3 States, and appropriate private sector entities, to ensure

4 that the access of agricultural producers to ammonium ni5 trate is not unduly burdened.

6 ‘‘(h) DATA CONFIDENTIALITY.—

7 ‘‘(1) IN GENERAL.—Notwithstanding section 552

8 of title 5, United States Code, or the USA PATRIOT

9 ACT (Public Law 107–56; 115 Stat. 272), and except

10 as provided in paragraph (2), the Secretary may not

11 disclose to any person any information obtained

12 under this subtitle.

13 ‘‘(2) EXCEPTION.—The Secretary may disclose

14 any information obtained by the Secretary under this

15 subtitle to—

16 ‘‘(A) an officer or employee of the United

17 States, or a person that has entered into a con18 tract with the United States, who has a need to

19 know the information to perform the duties of

20 the officer, employee, or person; or

21 ‘‘(B) to a State agency under section 899D,

22 under appropriate arrangements to ensure the

23 protection of the information.

24 ‘‘(i) REGISTRATION PROCEDURES AND CHECK OF

25 TERRORIST SCREENING DATABASE.—
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1 ‘‘(1) REGISTRATION PROCEDURES.—

2 ‘‘(A) GENERALLY.—The Secretary shall es3 tablish procedures to efficiently receive applica4 tions for registration numbers under this sub5 title, conduct the checks required under para6 graph (2), and promptly issue or deny a reg7 istration number.

8 ‘‘(B) INITIAL SIX-MONTH REGISTRATION PE9 RIOD.—The Secretary shall take steps to maxi10 mize the number of registration applications that

11 are submitted and processed during the six12 month period described in section 899F(e).

13 ‘‘(2) CHECK OF TERRORIST SCREENING DATA14 BASE.—

15 ‘‘(A) CHECK REQUIRED.—The Secretary

16 shall conduct a check of appropriate identifying

17 information of any person seeking to register

18 with the Department under subsection (c) or (d)

19 against identifying information that appears in

20 the terrorist screening database of the Depart21 ment.

22 ‘‘(B) AUTHORITY TO DENY REGISTRATION

23 NUMBER.—If the identifying information of a

24 person seeking to register with the Department

25 under subsection (c) or (d) appears in the ter-
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1 rorist screening database of the Department, the

2 Secretary may deny issuance of a registration

3 number under this subtitle.

4 ‘‘(3) EXPEDITED REVIEW OF APPLICATIONS.—

5 ‘‘(A) IN GENERAL.—Following the six6 month period described in section 899F(e), the

7 Secretary shall, to the extent practicable, issue or

8 deny registration numbers under this subtitle not

9 later than 72 hours after the time the Secretary

10 receives a complete registration application, un11 less the Secretary determines, in the interest of

12 national security, that additional time is nec13 essary to review an application.

14 ‘‘(B) NOTICE OF APPLICATION STATUS.—In

15 all cases, the Secretary shall notify a person

16 seeking to register with the Department under

17 subsection (c) or (d) of the status of the applica18 tion of that person not later than 72 hours after

19 the time the Secretary receives a complete reg20 istration application.

21 ‘‘(4) EXPEDITED APPEALS PROCESS.—

22 ‘‘(A) REQUIREMENT.—

23 ‘‘(i) APPEALS PROCESS.—The Sec24 retary shall establish an expedited appeals
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1 process for persons denied a registration

2 number under this subtitle.

3 ‘‘(ii) TIME PERIOD FOR RESOLU4 TION.—The Secretary shall, to the extent

5 practicable, resolve appeals not later than

6 72 hours after receiving a complete request

7 for appeal unless the Secretary determines,

8 in the interest of national security, that ad9 ditional time is necessary to resolve an ap10 peal.

11 ‘‘(B) CONSULTATION.—The Secretary, in

12 developing the appeals process under subpara13 graph (A), shall consult with appropriate stake14 holders.

15 ‘‘(C) GUIDANCE.—The Secretary shall pro16 vide guidance regarding the procedures and in17 formation required for an appeal under subpara18 graph (A) to any person denied a registration

19 number under this subtitle.

20 ‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE

21 OF INFORMATION.—

22 ‘‘(A) IN GENERAL.—Any information con23 stituting grounds for denial of a registration

24 number under this section shall be maintained

25 confidentially by the Secretary and may be used
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1 only for making determinations under this sec2 tion.

3 ‘‘(B) SHARING OF INFORMATION.—Notwith4 standing any other provision of this subtitle, the

5 Secretary may share any such information with

6 Federal, State, local, and tribal law enforcement

7 agencies, as appropriate.

8 ‘‘(6) REGISTRATION INFORMATION.—

9 ‘‘(A) AUTHORITY TO REQUIRE INFORMA10 TION.—The Secretary may require a person ap11 plying for a registration number under this sub12 title to submit such information as may be nec13 essary to carry out the requirements of this sec14 tion.

15 ‘‘(B) REQUIREMENT TO UPDATE INFORMA16 TION.—The Secretary may require persons issued

17 a registration under this subtitle to update reg18 istration information submitted to the Secretary

19 under this subtitle, as appropriate.

20 ‘‘(7) RE-CHECKS AGAINST TERRORIST SCREEN21 ING DATABASE.—

22 ‘‘(A) RE-CHECKS.—The Secretary shall, as

23 appropriate, recheck persons provided a registra24 tion number pursuant to this subtitle against the

25 terrorist screening database of the Department,
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1 and may revoke such registration number if the

2 Secretary determines such person may pose a

3 threat to national security.

4 ‘‘(B) NOTICE OF REVOCATION.—The Sec5 retary shall, as appropriate, provide prior notice

6 to a person whose registration number is revoked

7 under this section and such person shall have an

8 opportunity to appeal, as provided in paragraph

9 (4).

10 ‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

11 ‘‘The Secretary shall establish a process for the peri12 odic inspection and auditing of the records maintained by

13 owners of ammonium nitrate facilities for the purpose of

14 monitoring compliance with this subtitle or for the purpose

15 of deterring or preventing the misappropriation or use of

16 ammonium nitrate in an act of terrorism.

17 ‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS.

18 ‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary—

19 ‘‘(1) may enter into a cooperative agreement

20 with the Secretary of Agriculture, or the head of any

21 State department of agriculture or its designee in22 volved in agricultural regulation, in consultation

23 with the State agency responsible for homeland secu24 rity, to carry out the provisions of this subtitle; and
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1 ‘‘(2) wherever possible, shall seek to cooperate

2 with State agencies or their designees that oversee am3 monium nitrate facility operations when seeking co4 operative agreements to implement the registration

5 and enforcement provisions of this subtitle.

6 ‘‘(b) DELEGATION.—

7 ‘‘(1) AUTHORITY.—The Secretary may delegate

8 to a State the authority to assist the Secretary in the

9 administration and enforcement of this subtitle.

10 ‘‘(2) DELEGATION REQUIRED.—At the request of

11 a Governor of a State, the Secretary shall delegate to

12 that State the authority to carry out functions under

13 sections 899B and 899C, if the Secretary determines

14 that the State is capable of satisfactorily carrying out

15 such functions.

16 ‘‘(3) FUNDING.—Subject to the availability of

17 appropriations, if the Secretary delegates functions to

18 a State under this subsection, the Secretary shall pro19 vide to that State sufficient funds to carry out the

20 delegated functions.

21 ‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MA22 TERIALS TO AMMONIUM NITRATE FACILITIES.—

23 ‘‘(1) GUIDANCE.—The Secretary shall make

24 available to each owner of an ammonium nitrate fa-
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1 cility registered under section 899B(c)(1) guidance

2 on—

3 ‘‘(A) the identification of suspicious ammo4 nium nitrate purchases or transfers or attempted

5 purchases or transfers;

6 ‘‘(B) the appropriate course of action to be

7 taken by the ammonium nitrate facility owner

8 with respect to such a purchase or transfer or at9 tempted purchase or transfer, including—

10 ‘‘(i) exercising the right of the owner of

11 the ammonium nitrate facility to decline

12 sale of ammonium nitrate; and

13 ‘‘(ii) notifying appropriate law en14 forcement entities; and

15 ‘‘(C) additional subjects determined appro16 priate by to prevent the misappropriation or use

17 of ammonium nitrate in an act of terrorism.

18 ‘‘(2) USE OF MATERIALS AND PROGRAMS.—In

19 providing guidance under this subsection, the Sec20 retary shall, to the extent practicable, leverage any

21 relevant materials and programs.

22 ‘‘(3) NOTIFICATION MATERIALS.—

23 ‘‘(A) IN GENERAL.—The Secretary shall

24 make available materials suitable for posting at

25 locations where ammonium nitrate is sold.
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1 ‘‘(B) DESIGN OF MATERIALS.—Materials

2 made available under subparagraph (A) shall be

3 designed to notify prospective ammonium nitrate

4 purchasers of—

5 ‘‘(i) the record-keeping requirements

6 under section 899B; and

7 ‘‘(ii) the penalties for violating such

8 requirements.

9 ‘‘SEC. 899E. THEFT REPORTING REQUIREMENT.

10 ‘‘Any person who is required to comply with section

11 899B(e) who has knowledge of the theft or unexplained loss

12 of ammonium nitrate shall report such theft or loss to the

13 appropriate Federal law enforcement authorities not later

14 than 1 calendar day of the date on which the person becomes

15 aware of such theft or loss. Upon receipt of such report,

16 the relevant Federal authorities shall inform State, local,

17 and tribal law enforcement entities, as appropriate.

18 ‘‘SEC. 899F. PROHIBITIONS AND PENALTY.

19 ‘‘(a) PROHIBITIONS.—

20 ‘‘(1) TAKING POSSESSION.—No person shall take

21 possession of ammonium nitrate from an ammonium

22 nitrate facility unless such person is registered under

23 subsection (c) or (d) of section 899B, or is an agent

24 of a person registered under subsection (c) or (d) of

25 that section.
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1 ‘‘(2) TRANSFERRING POSSESSION.—An owner of

2 an ammonium nitrate facility shall not transfer pos3 session of ammonium nitrate from the ammonium ni4 trate facility to any person who is not registered

5 under subsection (c) or (d) of section 899B, or is not

6 an agent of a person registered under subsection (c)

7 or (d) of that section.

8 ‘‘(3) OTHER PROHIBITIONS.—No person shall—

9 ‘‘(A) buy and take possession of ammonium

10 nitrate without a registration number required

11 under subsection (c) or (d) of section 899B;

12 ‘‘(B) own or operate an ammonium nitrate

13 facility without a registration number required

14 under section 899B(c); or

15 ‘‘(C) fail to comply with any requirement

16 or violate any other prohibition under this sub17 title.

18 ‘‘(b) CIVIL PENALTY.—A person that violates this sub19 title may be assessed a civil penalty by the Secretary of

20 not more than $50,000 per violation.

21 ‘‘(c) PENALTY CONSIDERATIONS.—In determining the

22 amount of a civil penalty under this section, the Secretary

23 shall consider—

24 ‘‘(1) the nature and circumstances of the viola25 tion;
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1 ‘‘(2) with respect to the person who commits the

2 violation, any history of prior violations, the ability

3 to pay the penalty, and any effect the penalty is like4 ly to have on the ability of such person to do business;

5 and

6 ‘‘(3) any other matter that the Secretary deter7 mines that justice requires.

8 ‘‘(d) NOTICE AND OPPORTUNITY FOR A HEARING.—

9 No civil penalty may be assessed under this subtitle unless

10 the person liable for the penalty has been given notice and

11 an opportunity for a hearing on the violation for which

12 the penalty is to be assessed in the county, parish, or incor13 porated city of residence of that person.

14 ‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Para15 graphs (1) and (2) of subsection (a) shall apply on and

16 after the date that is 6 months after the date that the Sec17 retary issues of a final rule implementing this subtitle.

18 ‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

19 ‘‘(a) IN GENERAL.—Notwithstanding any other provi20 sion of law, an owner of an ammonium nitrate facility that

21 in good faith refuses to sell or transfer ammonium nitrate

22 to any person, or that in good faith discloses to the Depart23 ment or to appropriate law enforcement authorities an ac24 tual or attempted purchase or transfer of ammonium ni25 trate, based upon a reasonable belief that the person seeking
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1 purchase or transfer of ammonium nitrate may use the am2 monium nitrate to create an explosive device to be employed

3 in an act of terrorism (as defined in section 3077 of title

4 18, United States Code), or to use ammonium nitrate for

5 any other unlawful purpose, shall not be liable in any civil

6 action relating to that refusal to sell ammonium nitrate or

7 that disclosure.

8 ‘‘(b) REASONABLE BELIEF.—A reasonable belief that

9 a person may use ammonium nitrate to create an explosive

10 device to be employed in an act of terrorism under sub11 section (a) may not solely be based on the race, sex, national

12 origin, creed, religion, status as a veteran, or status as a

13 member of the Armed Forces of the United States of that

14 person.

15 ‘‘SEC. 899H. PREEMPTION OF OTHER LAWS.

16 ‘‘(a) OTHER FEDERAL REGULATIONS.—Except as pro17 vided in section 899G, nothing in this subtitle affects any

18 regulation issued by any agency other than an agency of

19 the Department.

20 ‘‘(b) STATE LAW.—Subject to section 899G, this sub21 title preempts the laws of any State to the extent that such

22 laws are inconsistent with this subtitle, except that this sub23 title shall not preempt any State law that provides addi24 tional protection against the acquisition of ammonium ni25 trate by terrorists or the use of ammonium nitrate in explo-
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1 sives in acts of terrorism or for other illicit purposes, as

2 determined by the Secretary.

3 ‘‘SEC. 899I. DEADLINES FOR REGULATIONS.

4 ‘‘The Secretary—

5 ‘‘(1) shall issue a proposed rule implementing

6 this subtitle not later than 6 months after the date of

7 the enactment of this subtitle; and

8 ‘‘(2) issue a final rule implementing this subtitle

9 not later than 1 year after such date of enactment.

10 ‘‘SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘There are authorized to be appropriated to the

12 Secretary—

13 ‘‘(1) $2,000,000 for fiscal year 2008; and

14 ‘‘(2) $10,750,000 for each of fiscal years 2009

15 through 2012.’’.

16 (b) CLERICAL AMENDMENT.—The table of contents in

17 section 1(b) of such Act is amended by inserting after the

18 item relating to section 899 the following:

‘‘Subtitle J—Secure Handling of Ammonium Nitrate

‘‘Sec. 899A. Definitions.

‘‘Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.

‘‘Sec. 899C. Inspection and auditing of records.

‘‘Sec. 899D. Administrative provisions.

‘‘Sec. 899E. Theft reporting requirement.

‘‘Sec. 899F. Prohibitions and penalty.

‘‘Sec. 899G. Protection from civil liability.

‘‘Sec. 899H. Preemption of other laws.

‘‘Sec. 899I. Deadlines for regulations.

‘‘Sec. 899J. Authorization of appropriations.’’.

19 SEC. 552. RISK MANAGEMENT AND ANALYSIS SPECIAL

20 EVENT; 2010 VANCOUVER OLYMPIC AND PARALYMPIC
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1 GAMES. As soon as practicable, but not later than 3 months

2 after the date of enactment of this Act, the Secretary of

3 Homeland Security shall submit to the Committee on Ap4 propriations, the Committee on Homeland Security and

5 Governmental Affairs, and the Committee on Commerce,

6 Science, and Transportation of the Senate and the Com7 mittee on Appropriations, the Committee on Homeland Se8 curity, and the Committee on Transportation and Infra9 structure of the House of Representatives a report regarding

10 the plans of the Secretary of Homeland Security relating

11 to—

12 (1) implementing the recommendations regard13 ing the 2010 Vancouver Olympic and Paralympic

14 Games in the Joint Explanatory Statement of the

15 Committee of Conference on H.R. 5441 (109th Con16 gress), the Department of Homeland Security Appro17 priations Act, 2007, with specific funding strategies

18 for—

19 (A) the Multiagency Coordination Center;

20 and

21 (B) communications exercises to validate

22 communications pathways, test equipment, and

23 support the training and familiarization of per24 sonnel on the operations of the different tech-
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1 nologies used to support the 2010 Vancouver

2 Olympic and Paralympic Games; and

3 (2) the feasibility of implementing a program to

4 prescreen individuals traveling by rail between Van5 couver, Canada and Seattle, Washington during the

6 2010 Vancouver Olympic and Paralympic Games,

7 while those individuals are located in Vancouver,

8 Canada, similar to the preclearance arrangements in

9 effect in Vancouver, Canada for certain flights be10 tween the United States and Canada.

11 SEC. 553. IMPROVEMENT OF BARRIERS AT BORDER.

12 Section 102 of the Illegal Immigration Reform and Immi13 grant Responsibility Act of 1996 (8 U.S.C. 1103 note) is

14 amended—

15 (1) in subsection (a), by striking ‘‘Attorney Gen16 eral, in consultation with the Commissioner of Immi17 gration and Naturalization,’’ and inserting ‘‘Sec18 retary of Homeland Security’’; and

19 (2) in subsection (b)—

20 (A) in the subsection heading, by striking

21 ‘‘IN THE BORDER AREA’’ and inserting ‘‘ALONG

22 THE BORDER’’;

23 (B) by redesignating paragraphs (1), (2),

24 (3), and (4) as paragraphs (2), (3), (4), and (5),

25 respectively;
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1 (C) in paragraph (2), as redesignated—

2 (i) in the paragraph heading, by strik3 ing ‘‘SECURITY FEATURES’’ and inserting

4 ‘‘ADDITIONAL FENCING ALONG SOUTHWEST

5 BORDER’’; and

6 (ii) by striking subparagraphs (A)

7 through (C) and inserting the following:

8 ‘‘(A) REINFORCED FENCING.—In carrying

9 out subsection (a), the Secretary of Homeland

10 Security shall construct reinforced fencing along

11 not less than 700 miles of the southwest border

12 where fencing would be most practical and effec13 tive and provide for the installation of addi14 tional physical barriers, roads, lighting, cam15 eras, and sensors to gain operational control of

16 the southwest border.

17 ‘‘(B) PRIORITY AREAS.—In carrying out

18 this section, the Secretary of Homeland Security

19 shall—

20 ‘‘(i) identify the 370 miles along the

21 southwest border where fencing would be

22 most practical and effective in deterring

23 smugglers and aliens attempting to gain il24 legal entry into the United States; and
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1 ‘‘(ii) not later than December 31, 2008,

2 complete construction of reinforced fencing

3 along the 370 miles identified under clause

4 (i).

5 ‘‘(C) CONSULTATION.—

6 ‘‘(i) IN GENERAL.—In carrying out

7 this section, the Secretary of Homeland Se8 curity shall consult with the Secretary of

9 Interior, the Secretary of Agriculture,

10 States, local governments, Indian tribes,

11 and property owners in the United States

12 to minimize the impact on the environment,

13 culture, commerce, and quality of life for

14 the communities and residents located near

15 the sites at which such fencing is to be con16 structed.

17 ‘‘(ii) SAVINGS PROVISION.—Nothing in

18 this subparagraph may be construed to—

19 ‘‘(I) create any right of action for

20 a State, local government, or other per21 son or entity affected by this sub22 section; or

23 ‘‘(II) affect the eminent domain

24 laws of the United States or of any

25 State.
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1 ‘‘(D) LIMITATION ON REQUIREMENTS.—Not2 withstanding subparagraph (A), nothing in this

3 paragraph shall require the Secretary of Home4 land Security to install fencing, physical bar5 riers, roads, lighting, cameras, and sensors in a

6 particular location along an international bor7 der of the United States, if the Secretary deter8 mines that the use or placement of such resources

9 is not the most appropriate means to achieve

10 and maintain operational control over the inter11 national border at such location.’’; and

12 (D) in paragraph (5), as redesignated, by

13 striking ‘‘to carry out this subsection not to ex14 ceed $12,000,000’’ and inserting ‘‘such sums as

15 may be necessary to carry out this subsection’’.

16 SEC. 554. ACCOUNTABILITY IN GRANT AND CONTRACT

17 ADMINISTRATION. The Department of Homeland Security,

18 through the Federal Emergency Management Agency,

19 shall—

20 (1) consider implementation, through fair and

21 open competition, of management, tracking and ac22 countability systems to assist in managing grant allo23 cations, distribution, expenditures, and asset tracking;

24 and
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1 (2) consider any efficiencies created through co2 operative purchasing agreements.

3 SEC. 555. None of the funds made available in this

4 Act may be used to destroy or put out to pasture any horse

5 or other equine belonging to the Federal Government that

6 has become unfit for service, unless the trainer or handler

7 is first given the option to take possession of the equine

8 through an adoption program that has safeguards against

9 slaughter and inhumane treatment.

10 SEC. 556. INTERNATIONAL REGISTERED TRAVELER

11 PROGRAM. Section 7208(k)(3) of the Intelligence Reform

12 and Terrorism Prevention Act of 2004 (8 U.S.C.

13 1365b(k)(3)) is amended to read as follows:

14 ‘‘(3) INTERNATIONAL REGISTERED TRAVELER

15 PROGRAM.—

16 ‘‘(A) IN GENERAL.—The Secretary of Home17 land Security shall establish an international

18 registered traveler program that incorporates

19 available technologies, such as biometrics and e20 passports, and security threat assessments to ex21 pedite the screening and processing of inter22 national travelers, including United States Citi23 zens and residents, who enter and exit the

24 United States. The program shall be coordinated

25 with the US–VISIT program, other pre-screening
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1 initiatives, and the Visa Waiver Program within

2 the Department of Homeland Security.

3 ‘‘(B) FEES.—The Secretary may impose a

4 fee for the program established under subpara5 graph (A) and may modify such fee from time

6 to time. The fee may not exceed the aggregate

7 costs associated with the program and shall be

8 credited to the Department of Homeland Secu9 rity for purposes of carrying out the program.

10 Amounts so credited shall remain available until

11 expended.

12 ‘‘(C) RULEMAKING.—Within 365 days after

13 the date of enactment of this paragraph, the Sec14 retary shall initiate a rulemaking to establish

15 the program, criteria for participation, and the

16 fee for the program.

17 ‘‘(D) IMPLEMENTATION.—Not later than 2

18 years after the date of enactment of this para19 graph, the Secretary shall establish a phased-im20 plementation of a biometric-based international

21 registered traveler program in conjunction with

22 the US–VISIT entry and exit system, other pre23 screening initiatives, and the Visa Waiver Pro24 gram within the Department of Homeland Secu-
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1 rity at United States airports with the highest

2 volume of international travelers.

3 ‘‘(E) PARTICIPATION.—The Secretary shall

4 ensure that the international registered traveler

5 program includes as many participants as prac6 ticable by—

7 ‘‘(i) establishing a reasonable cost of

8 enrollment;

9 ‘‘(ii) making program enrollment con10 venient and easily accessible; and

11 ‘‘(iii) providing applicants with clear

12 and consistent eligibility guidelines.’’.

13 SEC. 557. REPORT ON THE PERFORMANCE ACCOUNT14 ABILITY AND STANDARDS SYSTEM OF THE TRANSPOR15 TATION SECURITY ADMINISTRATION. Not later than March

16 1, 2008, the Transportation Security Administration shall

17 submit a report to the Committees on Appropriations of the

18 Senate and the House of Representatives, the Committee on

19 Homeland Security and Governmental Affairs of the Sen20 ate, the Committee on Commerce, Science, and Transpor21 tation of the Senate, the Committee on Homeland Security

22 of the House of Representatives, and the Committee on

23 Transportation and Infrastructure of the House of Rep24 resentatives on the implementation of the Performance Ac25 countability and Standards System, including—
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1 (1) the number of employees who achieved each

2 level of performance;

3 (2) a comparison between managers and non4 managers relating to performance and pay increases;

5 (3) the type and amount of all pay increases

6 that have taken effect for each level of performance;

7 and

8 (4) the attrition of employees covered by the Per9 formance Accountability and Standards System.

10 SEC. 558. SHARED BORDER MANAGEMENT. (a)

11 STUDY.—The Comptroller General of the United States

12 shall conduct a study on the Department of Homeland Se13 curity’s use of shared border management to secure the

14 international borders of the United States.

15 (b) REPORT.—The Comptroller General shall submit

16 a report to Congress that describes—

17 (1) any negotiations, plans, or designs conducted

18 by officials of the Department of Homeland Security

19 regarding the practice of shared border management;

20 and

21 (2) the factors required to be in place for shared

22 border management to be successful.

23 SEC. 559. Amounts authorized to be appropriated in

24 the Border Law Enforcement Relief Act of 2007 are in-
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1 creased by $50,000,000 for each of the fiscal years 2008

2 through 2012.

3 SEC. 560. GAO STUDY OF COST OF FENCING ON THE

4 SOUTHERN BORDER. (a) INQUIRY AND REPORT RE5 QUIRED.—The Comptroller of the United States shall con6 duct a study examining—

7 (1) the total amount of money that has been ex8 pended, as of June 20, 2007, to construct 90 miles of

9 fencing on the southern border of the United States;

10 (2) the average cost per mile of the 90 miles of

11 fencing on the southern border as of June 20, 2007;

12 (3) the average cost per mile of the 370 miles of

13 fencing that the Department of Homeland Security is

14 required to have completed on the southern border by

15 December 31, 2008, which shall include

16 $1,187,000,000 appropriated in fiscal year 2007 for

17 ‘‘border security fencing, technology, and infrastruc18 ture’’ and the $1,000,000,000 appropriated under this

19 Act under the heading ‘‘Border Security Fencing, In20 frastructure, and Technology’’;

21 (4) the total cost and average cost per mile to

22 construct the 700 linear miles (854 topographical

23 miles) of fencing on the southern border required to

24 be constructed under section 102(b) of the Illegal Im25 migration Reform and Immigrant Responsibility Act
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1 of 1996, as amended by section 3 of the Secure Fence

2 Act of 2006 (Public Law 109–367);

3 (5) the total cost and average cost per mile to

4 construct the fencing described in paragraph (4) if the

5 double layer fencing requirement were eliminated;

6 and

7 (6) the number of miles of single layer fencing,

8 if fencing were not accompanied by additional tech9 nology and infrastructure such as cameras, sensors,

10 and roads, which could be built with the

11 $1,187,000,000 appropriated in fiscal year 2007 for

12 ‘‘border security fencing, technology, and infrastruc13 ture’’ and the $1,000,000,000 appropriated under this

14 Act under the heading ‘‘Border Security Fencing, In15 frastructure, and Technology’’.

16 (b) SUBMISSION OF REPORT.—Not later than 1 year

17 after the date of the enactment of this Act, the Comptroller

18 General shall submit a report on the results of the study

19 conducted pursuant to subsection (a) to—

20 (1) the Committee on Appropriations of the Sen21 ate;

22 (2) the Committee on the Judiciary of the Sen23 ate;

24 (3) the Committee on Appropriations of the

25 House of Representatives; and
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1 (4) the Committee on the Judiciary of the House

2 of Representatives.

3 SEC. 561. SENSE OF SENATE ON IMMIGRATION.—(a)

4 FINDINGS.—The Senate makes the following findings:

5 (1) On June 28th, 2007, the Senate, by a vote

6 of 46 to 53, rejected a motion to invoke cloture on a

7 bill to provide for comprehensive immigration reform.

8 (2) Illegal immigration remains the top domestic

9 issue in the United States.

10 (3) The people of the United States continue to

11 feel the effects of a failed immigration system on a

12 daily basis, and they have not forgotten that Congress

13 and the President have a duty to address the issue of

14 illegal immigration and the security of the inter15 national borders of the United States.

16 (4) People from across the United States have

17 shared with members of the Senate their wide ranging

18 and passionate opinions on how best to reform the

19 immigration system.

20 (5) There is no consensus on an approach to

21 comprehensive immigration reform that does not first

22 secure the international borders of the United States.

23 (6) There is unanimity that the Federal Govern24 ment has a responsibility to, and immediately should,

25 secure the international borders of the United States.
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1 (7) Border security is an integral part of na2 tional security.

3 (8) The greatest obstacle the Federal Government

4 faces with respect to the people of the United States

5 is a lack of trust that the Federal Government will se6 cure the international borders of the United States.

7 (9) This lack of trust is rooted in the past fail8 ures of the Federal Government to uphold and enforce

9 immigration laws and the failure of the Federal Gov10 ernment to secure the international borders of the

11 United States.

12 (10) Failure to uphold and enforce immigration

13 laws has eroded respect for those laws and eliminated

14 the faith of the people of the United States in the abil15 ity of their elected officials to responsibly administer

16 immigration programs.

17 (11) It is necessary to regain the trust of the peo18 ple of the United States in the competency of the Fed19 eral Government to enforce immigration laws and

20 manage the immigration system.

21 (12) Securing the borders of the United States

22 would serve as a starting point to begin to address

23 other issues surrounding immigration reform on

24 which there is not consensus.
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1 (13) Congress has not fully funded some interior

2 and border security activities that it has authorized.

3 (14) The President of the United States can ini4 tiate emergency spending by designating certain

5 spending as ‘‘emergency spending’’ in a request to the

6 Congress.

7 (15) The lack of security on the international

8 borders of the United States rises to the level of an

9 emergency.

10 (16) The Border Patrol are apprehending some,

11 but not all, individuals from countries that the Sec12 retary of State has determined have repeatedly pro13 vided support for acts of international terrorism who

14 cross or attempt to cross illegally into the United

15 States.

16 (17) The Federal Bureau of Investigation is in17 vestigating a human smuggling ring that has been

18 bringing Iraqis and other Middle Eastern individuals

19 across the international borders of the United States.

20 (b) SENSE OF SENATE.—It is the sense of Senate

21 that—

22 (1) the Federal Government should work to re23 gain the trust of the people of the United States in

24 its ability of the Federal Government to secure the

25 international borders of the United States;
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1 (2) in order to restore the credibility of the Fed2 eral Government on this critical issue, the Federal

3 Government should prove its ability to enforce immi4 gration laws by taking actions such as securing the

5 border, stopping the flow of illegal immigrants and

6 drugs into the United States, and creating a tamper7 proof biometric identification card for foreign work8 ers; and

9 (3) the President should request emergency

10 spending that fully funds—

11 (A) existing interior and border security

12 authorizations that have not been funded by

13 Congress; and

14 (B) the border and interior security initia15 tives contained in the bill to provide for com16 prehensive immigration reform and for other

17 purposes (S. 1639) introduced in the Senate on

18 June 18, 2007.

19 SEC. 562. ENSURING THE SAFETY OF AGRICULTURAL

20 IMPORTS.—(a) FINDINGS.—Congress makes the following

21 findings:

22 (1) The Food and Drug Administration, as part

23 of its responsibility to ensure the safety of food and

24 other imports, maintains a presence at 91 of the 320

25 points of entry into the United States.
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1 (2) United States Customs and Border Protec2 tion personnel are responsible for monitoring imports

3 and alerting the Food and Drug Administration to

4 suspicious material entering the United States at the

5 remaining 229 points of entry.

6 (b) REPORT.—The Commissioner of U.S. Customs and

7 Border Protection shall submit a report to Congress that

8 describes the training of U.S. Customs and Border Protec9 tion personnel to effectively assist the Food and Drug Ad10 ministration in monitoring our Nation’s food supply.

11 SEC. 563. (a) STUDY ON IMPLEMENTATION OF VOL12 UNTARY PROVISION OF EMERGENCY SERVICES PROGRAM.—

13 (1) Not later than 180 days after the date of the

14 enactment of this Act, the Administrator of the Trans15 portation Security Administration shall conduct a

16 study on the implementation of the voluntary provi17 sion of emergency services program established pursu18 ant to section 44944(a) of title 49, United States Code

19 (referred to in this section as the ‘‘program’’).

20 (2) As part of the study required by paragraph

21 (1), the Administrator shall assess the following:

22 (A) Whether training protocols established

23 by air carriers and foreign air carriers include

24 training pertinent to the program and whether
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1 such training is effective for purposes of the pro2 gram.

3 (B) Whether employees of air carriers and

4 foreign air carriers responsible for implementing

5 the program are familiar with the provisions of

6 the program.

7 (C) The degree to which the program has

8 been implemented in airports.

9 (D) Whether a helpline or other similar

10 mechanism of assistance provided by an air car11 rier, foreign air carrier, or the Transportation

12 Security Administration should be established to

13 provide assistance to employees of air carriers

14 and foreign air carriers who are uncertain of the

15 procedures of the program.

16 (3) In making the assessment required by para17 graph (2)(C), the Administrator may make use of un18 announced interviews or other reasonable and effective

19 methods to test employees of air carriers and foreign

20 air carriers responsible for registering law enforce21 ment officers, firefighters, and emergency medical

22 technicians as part of the program.

23 (4)(A) Not later than 60 days after the comple24 tion of the study required by paragraph (1), the Ad-
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1 ministrator shall submit to Congress a report on the

2 findings of such study.

3 (B) The Administrator shall make such re4 port available to the public by Internet web site

5 or other appropriate method.

6 (b) PUBLICATION OF REPORT PREVIOUSLY SUB7 MITTED.—The Administrator shall make available to the

8 public on the Internet web site of the Transportation Secu9 rity Administration or the Department of Homeland Secu10 rity the report required by section 554(b) of the Department

11 of Homeland Security Appropriations Act, 2007 (Public

12 Law 109–295).

13 (c) MECHANISM FOR REPORTING PROBLEMS.—The

14 Administrator shall develop a mechanism on the Internet

15 web site of the Transportation Security Administration or

16 the Department of Homeland Security by which first re17 sponders may report problems with or barriers to volun18 teering in the program. Such mechanism shall also provide

19 information on how to submit comments related to volun20 teering in the program.

21 (d) AIR CARRIER AND FOREIGN AIR CARRIER DE22 FINED.—In this section, the terms ‘‘air carrier’’ and ‘‘for23 eign air carrier’’ have the meaning given such terms in sec24 tion 40102 of title 49, United States Code.
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1 SEC. 564. None of the funds appropriated or otherwise

2 made available by this Act may be used to enter into a

3 contract in an amount greater than $5,000,000 or to award

4 a grant in excess of such amount unless the prospective con5 tractor or grantee certifies in writing to the agency award6 ing the contract or grant that the contractor or grantee has

7 no unpaid Federal tax assessments, that the contractor or

8 grantee has entered into an installment agreement or offer

9 in compromise that has been accepted by the IRS to resolve

10 any unpaid Federal tax assessments, or, in the case of un11 paid Federal tax assessments other than for income, estate,

12 and gift taxes, that the liability for the unpaid assessments

13 is the subject of a non-frivolous administrative or judicial

14 appeal. For purposes of the preceding sentence, the certifi15 cation requirement of part 52.209–5 of the Federal Acquisi16 tion Regulation shall also include a requirement for a cer17 tification by a prospective contractor of whether, within the

18 three-year period preceding the offer for the contract, the

19 prospective contractor—

20 (1) has or has not been convicted of or had a

21 civil judgment or other judicial determination ren22 dered against the contractor for violating any tax law

23 or failing to pay any tax;
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1 (2) has or has not been notified of any delin2 quent taxes for which the liability remains

3 unsatisfied; or

4 (3) has or has not received a notice of a tax lien

5 filed against the contractor for which the liability re6 mains unsatisfied or for which the lien has not been

7 released.

8 SEC. 565. TRANSPORTATION FACILITY ACCESS CON9 TROL PROGRAMS.

10 The Secretary of Homeland Security shall work with

11 appropriate officials of Florida and of other States to re12 solve the differences between the Transportation Worker

13 Identification Credential program administered by the

14 Transportation Security Administration and existing State

15 transportation facility access control programs.

16 SEC. 566. None of the funds made available in this

17 Act may be used for planning, testing, piloting, or devel18 oping a national identification card.

19 SEC. 567. ADDITIONAL ASSISTANCE FOR PREPARA20 TION OF PLANS.

21 Subparagraph (L) of section 33(b)(3) of the Federal

22 Fire Prevention and Control Act of 1974 (15 U.S.C.

23 2229(b)(3)) is amended to read as follows:
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1 ‘‘(L) To fund fire prevention programs, in2 cluding planning and preparation for wildland

3 fires.’’.

4 SEC. 568. SENSE OF CONGRESS. It is the sense of Con5 gress that sufficient funds should be appropriated to allow

6 the Secretary to increase the number of personnel of U.S.

7 Customs and Border Protection protecting the northern bor8 der by 1,517 officers and 788 agents, as authorized by—

9 (1) section 402 of the Uniting and Strengthening

10 America by Providing Appropriate Tools Required to

11 Intercept and Obstruct Terrorism (USA PATRIOT

12 ACT) Act of 2001 (Public Law 107–56);

13 (2) section 331 of the Trade Act of 2002 (Public

14 Law 107–210); and

15 (3) section 5202 of the Intelligence Reform and

16 Terrorism Prevention Act of 2004 (Public Law 108–

17 458).

18 SEC. 569. STUDY OF RADIO COMMUNICATIONS ALONG

19 THE INTERNATIONAL BORDERS OF THE UNITED STATES.—

20 (a) IN GENERAL.—Not later than 180 days after the date

21 of the enactment of this Act, the Secretary of Homeland Se22 curity shall conduct a study to determine the areas along

23 the international borders of the United States where Federal

24 and State law enforcement officers are unable to achieve
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1 radio communication or where radio communication is in2 adequate.

3 (b) DEVELOPMENT OF PLAN.—

4 (1) IN GENERAL.—Upon the conclusion of the

5 study described in subsection (a), the Secretary shall

6 develop a plan for enhancing radio communication

7 capability along the international borders of the

8 United States.

9 (2) CONTENTS.—The plan developed under para10 graph (1) shall include—

11 (A) an estimate of the costs required to im12 plement the plan; and

13 (B) a description of the ways in which Fed14 eral, State, and local law enforcement officers

15 could benefit from the implementation of the

16 plan.

17 SEC. 570. Of the funds provided under this Act or any

18 other Act to United States Citizenship and Immigration

19 Services, not less than $1,000,000 shall be provided for a

20 benefits fraud assessment of the H–1B Visa Program.

21 SEC. 571. (a) REPORT ON INTERAGENCY OPERATIONAL

22 CENTERS FOR PORT SECURITY.—Not later than 180 days

23 after the date of the enactment of this Act, the Commandant

24 of the Coast Guard shall submit to Congress a report, and

25 make the report available on its website, on the implementa-
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1 tion and use of interagency operational centers for port se2 curity under section 70107A of title 46, United States Code.

3 (b) ELEMENTS.—The report required by subsection

4 shall include the following:

5 (1) A detailed description of the progress made

6 in transitioning Project Seahawk in Charleston,

7 South Carolina, from the Department of Justice to

8 the Coast Guard, including all projects and equip9 ment associated with that project.

10 (2) A detailed description of that actions being

11 taken to assure the integrity of Project Seahawk and

12 ensure there is no loss in cooperation between the

13 agencies specified in section 70107A(b)(3) of title 46,

14 United State Code.

15 (3) A detailed description and explanation of

16 any changes in Project Seahawk as of the date of the

17 report, including any changes in Federal, State, or

18 local staffing of that project.

19 SEC. 572. (a) The amount appropriated by title III

20 for necessary expenses for programs authorized by the Fed21 eral Fire Prevention and Control Act of 1974 under the

22 heading ‘‘FIREFIGHTER ASSISTANCE GRANTS’’ is hereby in23 creased by $5,000,000 for necessary expenses to carry out

24 the programs authorized under section 34 of that Act (15

25 U.S.C. 2229a).
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1 (b) The amount appropriated by title III under the

2 heading ‘‘INFRASTRUCTURE PROTECTION AND INFORMATION

3 SECURITY’’ is hereby reduced by $5,000,000.

4 SEC. 573. TSA ACQUISITION MANAGEMENT POLICY.

5 (a) IN GENERAL.—Section 114 of title 49, United States

6 Code, is amended by striking subsection (o) and redesig7 nating subsections (p) through (t) as subsections (o) through

8 (s), respectively.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect 180 days after the date of enact11 ment of this Act.

12 SEC. 574. REPORT ON URBAN AREA SECURITY INITIA13 TIVE. Not later than 180 days after the date of enactment

14 of this Act, the Government Accountability Office shall sub15 mit a report to the appropriate congressional committees

16 which describes the criteria and factors the Department of

17 Homeland Security uses to determine the regional bound18 aries for Urban Area Security Initiative regions, including

19 a determination if the Department is meeting its goal to

20 implement a regional approach with respect to Urban Area

21 Security Initiative regions, and provides recommendations

22 for how the Department can better facilitate a regional ap23 proach for Urban Area Security Initiative regions.

24 SEC. 575. (a) In this section:
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1 (1) The term ‘‘covered funds’’ means funds pro2 vided under section 173 of the Workforce Investment

3 Act of 1998 (29 U.S.C. 2918) to a State that submits

4 an application under that section not earlier than

5 May 4, 2007, for a national emergency grant to ad6 dress the effects of the May 4, 2007, Greensburg, Kan7 sas tornado.

8 (2) The term ‘‘professional municipal services’’

9 means services that are necessary to facilitate the re10 covery of Greensburg, Kansas from that tornado, and

11 necessary to plan for or provide basic management

12 and administrative services, which may include—

13 (A) the overall coordination of disaster re14 covery and humanitarian efforts, oversight, and

15 enforcement of building code compliance, and co16 ordination of health and safety response units; or

17 (B) the delivery of humanitarian assistance

18 to individuals affected by that tornado.

19 (b) Covered funds may be used to provide temporary

20 public sector employment and services authorized under sec21 tion 173 of such Act to individuals affected by such tornado,

22 including individuals who were unemployed on the date of

23 the tornado, or who are without employment history, in ad24 dition to individuals who are eligible for disaster relief em25 ployment under section 173(d)(2) of such Act.
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1 (c) Covered funds may be used to provide professional

2 municipal services for a period of not more than 24 months,

3 by hiring or contracting with individuals or organizations

4 (including individuals employed by contractors) that the

5 State involved determines are necessary to provide profes6 sional municipal services.

7 (d) Covered funds expended under this section may be

8 spent on costs incurred not earlier than May 4, 2007.

9 SEC. 576. DATA RELATING TO DECLARATIONS OF A

10 MAJOR DISASTER. (a) IN GENERAL.—Notwithstanding any

11 other provision of this Act, except as provided in subsection

12 (b), and 30 days after the date that the President determines

13 whether to declare a major disaster because of an event and

14 any appeal is completed, the Administrator shall submit

15 to the Committee on Homeland Security and Governmental

16 Affairs of the Senate and the Committee on Homeland Se17 curity of the House of Representatives, and the Senate Com18 mittee on Appropriations, and publish on the website of the

19 Federal Emergency Management Agency, a report regard20 ing that decision, which shall summarize damage assess21 ment information used to determine whether to declare a

22 major disaster.

23 (b) EXCEPTION.—The Administrator may redact from

24 a report under subsection (a) any data that the Adminis25 trator determines would compromise national security.
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1 (c) DEFINITIONS.—In this section—

2 (1) the term ‘‘Administrator’’ means the Admin3 istrator of the Federal Emergency Management Agen4 cy; and

5 (2) the term ‘‘major disaster’’ has the meaning

6 given that term in section 102 of the Robert T. Staf7 ford Disaster Relief and Emergency Assistance Act

8 (42 U.S.C. 5122).

9 SEC. 577. NATIONAL TRANSPORTATION SECURITY

10 CENTER OF EXCELLENCE.—If the Secretary of Homeland

11 Security establishes a National Transportation Security

12 Center of Excellence to conduct research and education ac13 tivities, and to develop or provide professional security

14 training, including the training of transportation employ15 ees and transportation professionals, the Mineta Transpor16 tation Institute at San Jose State University may be in17 cluded as a member institution of such Center.

18 SEC. 578. Of amounts appropriated under section

19 1003, $100,000,000, with $50,000,000 each to the Cities of

20 Denver, Colorado, and St. Paul, Minnesota, shall be avail21 able for State and local law enforcement entities for security

22 and related costs, including overtime, associated with the

23 Democratic National Conventional and Republican Na24 tional Convention in 2008. Amounts provided by this sec-
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1 tion are designated as an emergency requirement pursuant

2 to section 204 of S. Con. Res. 21 (110th Congress).

3 TITLE VI—BORDER LAW ENFORCEMENT RELIEF

4 ACT

5 SEC. 601. SHORT TITLE.

6 This title may be cited as the ‘‘Border Law Enforce7 ment Relief Act of 2007’’.

8 SEC. 602. BORDER RELIEF GRANT PROGRAM.

9 (a) GRANTS AUTHORIZED.—

10 (1) IN GENERAL.—The Secretary is authorized to

11 award grants, subject to the availability of appro12 priations, to an eligible law enforcement agency to

13 provide assistance to such agency to address—

14 (A) criminal activity that occurs in the ju15 risdiction of such agency by virtue of such agen16 cy’s proximity to the United States border; and

17 (B) the impact of any lack of security along

18 the United States border.

19 (2) DURATION.—Grants may be awarded under

20 this subsection during fiscal years 2008 through 2012.

21 (3) COMPETITIVE BASIS.—The Secretary shall

22 award grants under this subsection on a competitive

23 basis, except that the Secretary shall give priority to

24 applications from any eligible law enforcement agen25 cy serving a community—
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1 (A) with a population of less than 50,000;

2 and

3 (B) located no more than 100 miles from a

4 United States border with—

5 (i) Canada; or

6 (ii) Mexico.

7 (b) USE OF FUNDS.—Grants awarded pursuant to

8 subsection (a) may only be used to provide additional re9 sources for an eligible law enforcement agency to address

10 criminal activity occurring along any such border,

11 including—

12 (1) to obtain equipment;

13 (2) to hire additional personnel;

14 (3) to upgrade and maintain law enforcement

15 technology;

16 (4) to cover operational costs, including overtime

17 and transportation costs; and

18 (5) such other resources as are available to assist

19 that agency.

20 (c) APPLICATION.—

21 (1) IN GENERAL.—Each eligible law enforcement

22 agency seeking a grant under this section shall submit

23 an application to the Secretary at such time, in such

24 manner, and accompanied by such information as the

25 Secretary may reasonably require.
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1 (2) CONTENTS.—Each application submitted

2 pursuant to paragraph (1) shall—

3 (A) describe the activities for which assist4 ance under this section is sought; and

5 (B) provide such additional assurances as

6 the Secretary determines to be essential to ensure

7 compliance with the requirements of this section.

8 (d) DEFINITIONS.—For the purposes of this section:

9 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.—The

10 term ‘‘eligible law enforcement agency’’ means a trib11 al, State, or local law enforcement agency—

12 (A) located in a county no more than 100

13 miles from a United States border with—

14 (i) Canada; or

15 (ii) Mexico; or

16 (B) located in a county more than 100

17 miles from any such border, but where such

18 county has been certified by the Secretary as a

19 High Impact Area.

20 (2) HIGH IMPACT AREA.—The term ‘‘High Im21 pact Area’’ means any county designated by the Sec22 retary as such, taking into consideration—

23 (A) whether local law enforcement agencies

24 in that county have the resources to protect the
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1 lives, property, safety, or welfare of the residents

2 of that county;

3 (B) the relationship between any lack of se4 curity along the United States border and the

5 rise, if any, of criminal activity in that county;

6 and

7 (C) any other unique challenges that local

8 law enforcement face due to a lack of security

9 along the United States border.

10 (3) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Department of Homeland Secu12 rity.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—There are authorized to be ap15 propriated $50,000,000 for each of fiscal years 2008

16 through 2012 to carry out the provisions of this sec17 tion.

18 (2) DIVISION OF AUTHORIZED FUNDS.—Of the

19 amounts authorized under paragraph (1)—

(A) 2 20 ⁄3 shall be set aside for eligible law en21 forcement agencies located in the 6 States with

22 the largest number of undocumented alien appre23 hensions; and
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(B) 1 1 ⁄3 shall be set aside for areas des2 ignated as a High Impact Area under subsection

3 (d).

4 (f) SUPPLEMENT NOT SUPPLANT.—Amounts appro5 priated for grants under this section shall be used to supple6 ment and not supplant other State and local public funds

7 obligated for the purposes provided under this title.

8 SEC. 603. Enforcement of Federal Immigration Law.

9 Nothing in this title shall be construed to authorize

10 State or local law enforcement agencies or their officers to

11 exercise Federal immigration law enforcement authority.

12 TITLE VII—BORDER INFRASTRUCTURE AND

13 TECHNOLOGY MODERNIZATION

14 SEC. 701. SHORT TITLE.

15 This title may be cited as the ‘‘Border Infrastructure

16 and Technology Modernization Act of 2007’’.

17 SEC. 702. DEFINITIONS.—In this title:

18 (1) COMMISSIONER.—The term ‘‘Commissioner’’

19 means the Commissioner of United States Customs

20 and Border Protection of the Department of Home21 land Security.

22 (2) MAQUILADORA.—The term ‘‘maquiladora’’

23 means an entity located in Mexico that assembles and

24 produces goods from imported parts for export to the

25 United States.
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1 (3) NORTHERN BORDER.—The term ‘‘northern

2 border’’ means the international border between the

3 United States and Canada.

4 (4) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of Homeland Security.

6 (5) SOUTHERN BORDER.—The term ‘‘southern

7 border’’ means the international border between the

8 United States and Mexico.

9 SEC. 703. HIRING AND TRAINING OF BORDER AND

10 TRANSPORTATION SECURITY PERSONNEL.—(a) OFFICERS

11 AND AGENTS.—

12 (1) INCREASE IN OFFICERS AND AGENTS.—Sub13 ject to the availability of appropriations, during each

14 of fiscal years 2009 through 2013, the Secretary

15 shall—

16 (A) increase the number of full-time agents

17 and associated support staff in United States

18 Immigration and Customs Enforcement of the

19 Department of Homeland Security by the equiv20 alent of at least 100 more than the number of

21 such employees as of the end of the preceding fis22 cal year; and

23 (B) increase the number of full-time officers,

24 agricultural specialists, and associated support

25 staff in United States Customs and Border Pro-
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1 tection by the equivalent of at least 200 more

2 than the number of such employees as of the end

3 of the preceding fiscal year.

4 (2) WAIVER OF FTE LIMITATION.—The Secretary

5 is authorized to waive any limitation on the number

6 of full-time equivalent personnel assigned to the De7 partment of Homeland Security to fulfill the require8 ments of paragraph (1).

9 (b) TRAINING.—As necessary, the Secretary, acting

10 through the Assistant Secretary for the United States Immi11 gration and Customs Enforcement and the Commissioner,

12 shall provide appropriate training for agents, officers, agri13 cultural specialists, and associated support staff of the De14 partment of Homeland Security to utilize new technologies

15 and to ensure that the proficiency levels of such personnel

16 are acceptable to protect the borders of the United States.

17 SEC. 704. PORT OF ENTRY INFRASTRUCTURE ASSESS18 MENT STUDY.—(a) REQUIREMENT TO UPDATE.—Not later

19 than January 31 of every other year, the Commissioner,

20 in consultation with the Administrator of General Services

21 shall—

22 (1) review—

23 (A) the Port of Entry Infrastructure Assess24 ment Study prepared by the United States Cus25 toms Service, the Immigration and Naturaliza-
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1 tion Service, and the General Services Adminis2 tration in accordance with the matter relating to

3 the ports of entry infrastructure assessment set

4 forth in the joint explanatory statement on page

5 67 of conference report 106–319, accompanying

6 Public Law 106–58; and

7 (B) the nationwide strategy to prioritize

8 and address the infrastructure needs at the land

9 ports of entry prepared by the Department of

10 Homeland Security and the General Services Ad11 ministration in accordance with the committee

12 recommendations on page 22 of Senate report

13 108–86, accompanying Public Law 108–90;

14 (2) update the assessment of the infrastructure

15 needs of all United States land ports of entry; and

16 (3) submit an updated assessment of land port

17 of entry infrastructure needs to Congress.

18 (b) CONSULTATION.—In preparing the updated studies

19 required under subsection (a), the Commissioner and the

20 Administrator of General Services shall consult with the Di21 rector of the Office of Management and Budget, the Sec22 retary, and affected State and local agencies on the northern

23 and southern borders of the United States.

24 (c) CONTENT.—Each updated study required in sub25 section (a) shall—
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1 (1) identify port of entry infrastructure and

2 technology improvement projects that would enhance

3 border security and facilitate the flow of legitimate

4 commerce if implemented;

5 (2) include the projects identified in the National

6 Land Border Security Plan required by section 805;

7 and

8 (3) prioritize the projects described in para9 graphs (1) and (2) based on the ability of a project—

10 (A) to enhance the ability of United States

11 Customs and Border Protection to achieve its

12 mission and to support operations;

13 (B) to fulfill security requirements; and

14 (C) facilitate trade across the borders of the

15 United States.

16 (d) PROJECT IMPLEMENTATION.—The Commissioner,

17 as appropriate, shall—

18 (1) implement the infrastructure and technology

19 improvement projects described in subsection (c) in

20 the order of priority assigned to each project under

21 subsection (c)(3); or

22 (2) forward the prioritized list of infrastructure

23 and technology improvement projects to the Adminis24 trator of General Services for implementation in the
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1 order of priority assigned to each project under sub2 section (c)(3).

3 (e) DIVERGENCE FROM PRIORITIES.—The Commis4 sioner may diverge from the priority order if the Commis5 sioner determines that significantly changed circumstances,

6 including immediate security needs, changes in infrastruc7 ture in Mexico or Canada, or similar concerns, compel8 lingly alter the need for a project in the United States.

9 SEC. 705. NATIONAL LAND BORDER SECURITY

10 PLAN.—(a) REQUIREMENT FOR PLAN.—Not later than

11 January 31 of every other year, the Secretary, acting

12 through the Commissioner, shall prepare a National Land

13 Border Security Plan and submit such plan to Congress.

14 (b) CONSULTATION.—In preparing the plan required

15 under subsection (a), the Commissioner shall consult with

16 other appropriate Federal agencies, State and local law en17 forcement agencies, and private entities that are involved

18 in international trade across the northern or southern bor19 der.

20 (c) VULNERABILITY ASSESSMENT.—

21 (1) IN GENERAL.—The plan required under sub22 section (a) shall include a vulnerability, risk, and

23 threat assessment of each port of entry located on the

24 northern border or the southern border.
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1 (2) PORT SECURITY COORDINATORS.—The Sec2 retary, acting through the Commissioner, may estab3 lish 1 or more port security coordinators at each port

4 of entry located on the northern border or the south5 ern border—

6 (A) to assist in conducting a vulnerability

7 assessment at such port; and

8 (B) to provide other assistance with the

9 preparation of the plan required under sub10 section (a).

11 (d) COORDINATION WITH THE SECURE BORDER INI12 TIATIVE.—The plan required under subsection (a) shall in13 clude a description of activities undertaken during the pre14 vious year as part of the Secure Border Initiative and ac15 tions planned for the coming year as part of the Secure

16 Border Initiative.

17 SEC. 706. EXPANSION OF COMMERCE SECURITY PRO18 GRAMS.—(a) COMMERCE SECURITY PROGRAMS.—(1) IN

19 GENERAL.—Not later than 1 year after the date of the enact20 ment of this Act, the Commissioner, in consultation with

21 the Secretary, shall develop a plan to expand the size and

22 scope, including personnel needs, of the Customs-Trade

23 Partnership Against Terrorism program or other voluntary

24 programs involving government entities and the private sec25 tor to strengthen and improve the overall security of the
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1 international supply chain and security along the northern

2 and southern border of the United States.

3 (2) SOUTHERN BORDER SUPPLY CHAIN SECU4 RITY.—Not later than 1 year after the date of enact5 ment of this Act, the Commissioner shall provide Con6 gress with a plan to improve supply chain security

7 along the southern border, including, where appro8 priate, plans to implement voluntary programs in9 volving government entities and the private sector to

10 strengthen and improve the overall security of the

11 international supply chain that have been successfully

12 implemented on the northern border.

13 SEC. 707. PORT OF ENTRY TECHNOLOGY DEMONSTRA14 TION PROGRAM. (a) ESTABLISHMENT.—The Secretary, act15 ing through the Commissioner, shall carry out a technology

16 demonstration program to test and evaluate new port of

17 entry technologies, refine port of entry technologies and

18 operational concepts, and train personnel under realistic

19 conditions.

20 (b) TECHNOLOGY AND FACILITIES.—

21 (1) TECHNOLOGY TESTED.—Under the dem22 onstration program, the Commissioner shall test tech23 nologies that enhance port of entry operations, includ24 ing those related to inspections, communications, port

25 tracking, identification of persons and cargo, sensory
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1 devices, personal detection, decision support, and the

2 detection and identification of weapons of mass de3 struction.

4 (2) FACILITIES DEVELOPED.—At a demonstra5 tion site selected pursuant to subsection (c)(3), the

6 Commissioner shall develop any facilities needed to

7 provide appropriate training to Federal law enforce8 ment personnel who have responsibility for border se9 curity, including cross-training among agencies, ad10 vanced law enforcement training, and equipment ori11 entation to the extent that such training is not being

12 conducted at existing Federal facilities.

13 (c) DEMONSTRATION SITES.—

14 (1) NUMBER.—The Commissioner shall carry out

15 the demonstration program at not less than 3 sites

16 and not more than 5 sites.

17 (2) LOCATION.—Of the sites selected under sub18 section (c)—

19 (A) at least 1 shall be located on the north20 ern border of the United States; and

21 (B) at least 1 shall be located on the south22 ern border of the United States.

23 (3) SELECTION CRITERIA.—To ensure that 1 of

24 the facilities selected as a port of entry demonstration

25 site for the demonstration program has the most up-
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1 to-date design, contains sufficient space to conduct the

2 demonstration program, has a traffic volume low

3 enough to easily incorporate new technologies without

4 interrupting normal processing activity, and can effi5 ciently carry out demonstration and port of entry op6 erations, 1 port of entry selected as a demonstration

7 site may—

8 (A) have been established not more than 15

9 years before the date of the enactment of this Act;

10 (B) consist of not less than 65 acres, with

11 the possibility of expansion onto not less than 25

12 adjacent acres; and

13 (C) have serviced an average of not more

14 than 50,000 vehicles per month during the 12

15 months preceding the date of the enactment of

16 this Act.

17 (d) RELATIONSHIP WITH OTHER AGENCIES.—The

18 Secretary, acting through the Commissioner, shall permit

19 personnel from appropriate Federal agencies to utilize a

20 demonstration site described in subsection (c) to test tech21 nologies that enhance port of entry operations, including

22 those related to inspections, communications, port tracking,

23 identification of persons and cargo, sensory devices, per24 sonal detection, decision support, and the detection and

25 identification of weapons of mass destruction.
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1 (e) REPORT.—

2 (1) REQUIREMENT.—Not later than 1 year after

3 the date of the enactment of this Act, and annually

4 thereafter, the Secretary shall submit to Congress a

5 report on the activities carried out at each demonstra6 tion site under the technology demonstration program

7 established under this section.

8 (2) CONTENT.—The report shall include an as9 sessment by the Commissioner of the feasibility of in10 corporating any demonstrated technology for use

11 throughout United States Customs and Border Protec12 tion.

13 SEC. 708. AUTHORIZATION OF APPROPRIATIONS. (a)

14 IN GENERAL.—In addition to any funds otherwise avail15 able, there are authorized to be appropriated such sums as

16 may be necessary to carry out sections 703, 704, 705, 706,

17 and 707 for fiscal years 2009 through 2013.

18 (b) INTERNATIONAL AGREEMENTS.—Funds authorized

19 to be appropriated under this title may be used for the im20 plementation of projects described in the Declaration on

21 Embracing Technology and Cooperation to Promote the Se22 cure and Efficient Flow of People and Commerce across our

23 Shared Border between the United States and Mexico,

24 agreed to March 22, 2002, Monterrey, Mexico (commonly

25 known as the Border Partnership Action Plan) or the
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1 Smart Border Declaration between the United States and

2 Canada, agreed to December 12, 2001, Ottawa, Canada that

3 are consistent with the provisions of this title.

4 DIVISION B—BORDER SECURITY

5 TITLE X—BORDER SECURITY REQUIREMENTS

6 SEC. 1001. SHORT TITLE.

7 This division may be cited as the ‘‘Border Security

8 First Act of 2007’’.

9 SEC. 1002. BORDER SECURITY REQUIREMENTS.

10 (a) REQUIREMENTS.—Not later than 2 years after the

11 date of the enactment of this Act, the President shall ensure

12 that the following are carried out:

13 (1) OPERATIONAL CONTROL OF THE INTER14 NATIONAL BORDER WITH MEXICO.—The Secretary of

15 Homeland Security shall establish and demonstrate

16 operational control of 100 percent of the international

17 land border between the United States and Mexico,

18 including the ability to monitor such border through

19 available methods and technology.

20 (2) STAFF ENHANCEMENTS FOR BORDER PA21 TROL.—The United States Customs and Border Pro22 tection Border Patrol shall hire, train, and report for

23 duty 23,000 full-time agents.
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1 (3) STRONG BORDER BARRIERS.—The United

2 States Customs and Border Protection Border Patrol

3 shall—

4 (A) install along the international land bor5 der between the United States and Mexico at

6 least—

7 (i) 300 miles of vehicle barriers;

8 (ii) 700 linear miles of fencing as re9 quired by the Secure Fence Act of 2006

10 (Public Law 109–367), as amended by this

11 Act; and

12 (iii) 105 ground-based radar and cam13 era towers; and

14 (B) deploy for use along the international

15 land border between the United States and Mex16 ico 4 unmanned aerial vehicles, and the sup17 porting systems for such vehicles.

18 (4) CATCH AND RETURN.—The Secretary of

19 Homeland Security shall detain all removable aliens

20 apprehended crossing the international land border

21 between the United States and Mexico in violation of

22 Federal or State law, except as specifically mandated

23 by Federal or State law or humanitarian cir24 cumstances, and United States Immigration and Cus25 toms Enforcement shall have the resources to main-
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1 tain this practice, including the resources necessary to

2 detain up to 45,000 aliens per day on an annual

3 basis.

4 (b) PRESIDENTIAL PROGRESS REPORT.—

5 (1) IN GENERAL.—Not later than 90 days after

6 the date of enactment of this Act, and every 90 days

7 thereafter until the requirements under subsection (a)

8 are met, the President shall submit a report to Con9 gress detailing the progress made in funding, meeting,

10 or otherwise satisfying each of the requirements de11 scribed under paragraphs (1) through (4) of sub12 section (a), including detailing any contractual agree13 ments reached to carry out such measures.

14 (2) PROGRESS NOT SUFFICIENT.—If the Presi15 dent determines that sufficient progress is not being

16 made, the President shall include in the report re17 quired under paragraph (1) specific funding rec18 ommendations, authorization needed, or other actions

19 that are or should be undertaken by the Secretary of

20 Homeland Security.

21 SEC. 1003. APPROPRIATIONS FOR BORDER SECURITY.

22 There is hereby appropriated $3,000,000,000 to satisfy

23 the requirements set out in section 1002(a) and, if any

24 amount remains after satisfying such requirements, to

25 achieve and maintain operational control over the inter-
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1 national land and maritime borders of the United States,

2 for employment eligibility verification improvements, for

3 increased removal and detention of visa overstays, criminal

4 aliens, aliens who have illegally reentered the United States,

5 and for reimbursement of State and local section 287(g) ex6 penses. These amounts are designated as an emergency re7 quirement pursuant to section 204 of S. Con. Res. 21 (110th

8 Congress).

9 This Act may be cited as the ‘‘Department of Home10 land Security Appropriations Act, 2008’’.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION H. R. 2638

AMENDMENT