I 

110TH CONGRESS 

1ST SESSION H. R. 2638 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2007 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

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

and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2008, and for other purposes, namely: 


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1 TITLE I—DEPARTMENTAL MANAGEMENT AND 

2 OPERATIONS 

3 OFFICE OF THE SECRETARY AND EXECUTIVE

4 MANAGEMENT

5 For necessary expenses of the Office of the Secretary 

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

7 Homeland Security Act of 2002 (6 U.S.C. 112), and exec8 utive management of the Department of Homeland Secu9 rity, as authorized by law, $102,930,000 (reduced by 

10 $15,000,000) (reduced by $1,000,000) (reduced by 

11 $79,000) (reduced by $300,000) (reduced by $1,241,000) 

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

13 $40,000 shall be for official reception and representation 

14 expenses. 

15 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

16 For necessary expenses of the Office of the Under 

17 Secretary for Management, as authorized by sections 701 

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

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

20 $35,000,000) (reduced by $11,000,000) (reduced by 

21 $10,400,000) (reduced by $35,000,000) (reduced by 

22 $89,125,000) (reduced by $15,000,000) (reduced by 

23 $50,000,000), of which not to exceed $3,000 shall be for 

24 official reception and representation expenses: Provided, 

25 That of the total amount provided, $6,000,000 shall reVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 main available until expended solely for the alteration and 

2 improvement of facilities, tenant improvements, and relo3 cation costs to consolidate Department headquarters oper4 ations and $300,000 shall remain available until expended 

5 by the Federal Law Enforcement Training Accreditation 

6 Board for the needs of Federal law enforcement agencies 

7 participating in training accreditation: Provided further, 

8 That no funding provided under this heading may be used 

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

10 the Saint Elizabeths campus until the Department sub11 mits to the Committees on Appropriations of the Senate 

12 and the House of Representatives: (1) the published U13 Visa rule; and (2) a detailed expenditure plan for check14 point support and explosive detection systems refurbish15 ment, procurement, and installations on an airport-by-air16 port basis for fiscal year 2008. 

17 OFFICE OF THE CHIEF FINANCIAL OFFICER

18 For necessary expenses of the Office of the Chief Fi19 nancial Officer, as authorized by section 103 of the Home20 land Security Act of 2002 (6 U.S.C. 113), $32,000,000 

21 (reduced by $1,000,000) (reduced by $500,000). 

22 OFFICE OF THE CHIEF INFORMATION OFFICER

23 For necessary expenses of the Office of the Chief In24 formation Officer, as authorized by section 103 of the 

25 Homeland Security Act of 2002 (6 U.S.C. 113), and DeVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 partment-wide technology investments, $258,621,000; of 

2 which $79,921,000 shall be available for salaries and ex3 penses; and of which $178,700,000 shall be available for 

4 development and acquisition of information technology 

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

6 Department of Homeland Security, to remain available 

7 until expended: Provided, That none of the funds appro8 priated shall be used to support or supplement the appro9 priations provided for the United States Visitor and Immi10 grant Status Indicator Technology project or the Auto11 mated Commercial Environment: Provided further, That 

12 the Chief Information Officer shall submit to the Commit13 tees on Appropriations of the Senate and the House of 

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

15 enactment of this Act, an expenditure plan for all informa16 tion technology acquisition projects with an estimated cost 

17 of $2,500,000 or more: Provided further, That such ex18 penditure plan shall include each specific project funded, 

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

20 of annual and lifecycle costs, and projected cost savings 

21 or cost avoidance to be achieved by the project: Provided 

22 further, That notwithstanding any other provision of law, 

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

24 may be obligated to provide for the oversight or manageVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 ment of the Integrated Wireless Network program by any 

2 employee of the Office of the Chief Information Officer. 

3 ANALYSIS AND OPERATIONS

4 For necessary expenses for information analysis and 

5 operations coordination activities, as authorized by title II 

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

7 seq.), $291,619,000 (increased by $10,000,000), to re8 main available until September 30, 2009, of which not to 

9 exceed $5,000 shall be for official reception and represen10 tation expenses. 

11 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

12 COAST REBUILDING

13 For necessary expenses of the Office of the Federal 

14 Coordinator for Gulf Coast Rebuilding, $3,000,000: Pro15 vided, That $1,000,000 shall not be available for obliga16 tion until the Committees on Appropriations of the Senate 

17 and the House of Representatives receive an expenditure 

18 plan for fiscal year 2008. 

19 INSPECTOR GENERAL

20 OPERATING EXPENSES

21 For necessary expenses of the Inspector General in 

22 carrying out the provisions of the Inspector General Act 

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

24 $500,000), of which not to exceed $150,000 may be used 

25 for certain confidential operational expenses, including the 


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1 payment of informants, to be expended at the direction 

2 of the Inspector General. 

3 TITLE II—SECURITY, ENFORCEMENT, AND 

4 INVESTIGATIONS 

5 UNITED STATES CUSTOMS AND BORDER PROTECTION

6 SALARIES AND EXPENSES

7 For necessary expenses for enforcement of laws relat8 ing to border security, immigration, customs, and agricul9 tural inspections and regulatory activities related to plant 

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

11 (2,300 for replacement only) police-type vehicles; and con12 tracting with individuals for personal services abroad; 

13 $6,629,733,000 (reduced by $1,000,000) (increased by 

14 $1,000,000), of which $3,093,000 shall be derived from 

15 the Harbor Maintenance Trust Fund for administrative 

16 expenses related to the collection of the Harbor Mainte17 nance Fee pursuant to section 9505(c)(3) of the Internal 

18 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) notwith19 standing section 1511(e)(1) of the Homeland Security Act 

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

21 $45,000 shall be for official reception and representation 

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

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

24 become available in the Customs User Fee Account, except 

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


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

2 58c(f)(3)), shall be derived from that account; of which 

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

4 rental space in connection with preclearance operations; 

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

6 of compensation to informants, to be accounted for solely 

7 under the certificate of the Secretary of Homeland Secu8 rity: Provided, That for fiscal year 2008, the overtime lim9 itation prescribed in section 5(c)(1) of the Act of February 

10 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not11 withstanding any other provision of law, none of the funds 

12 appropriated by this Act may be available to compensate 

13 any employee of United States Customs and Border Pro14 tection for overtime, from whatever source, in an amount 

15 that exceeds such limitation, except in individual cases de16 termined by the Secretary of Homeland Security, or the 

17 designee of the Secretary, to be necessary for national se18 curity purposes, to prevent excessive costs, or in cases of 

19 immigration emergencies: Provided further, That of the 

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

21 shall remain available until September 30, 2009, to sup22 port software development, equipment, contract services, 

23 and the implementation of inbound lanes and modification 

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

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


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1 exchange with nations friendly to the United States in 

2 order to promote sharing of best practices and tech3 nologies relating to homeland security, as authorized by 

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

5 may not be obligated until the Committees on Appropria6 tions of the Senate and the House of Representatives re7 ceive a report on the results of pilot programs used to de8 velop and implement the plan required by section 

9 7209(b)(1) of the Intelligence Reform and Terrorism Pre10 vention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 

11 note), which includes the following information: (1) infra12 structure and staffing required, with associated costs, by 

13 port of entry; (2) updated milestones for plan implementa14 tion; (3) a detailed explanation of how requirements of 

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

16 vicinity-read radio frequency identification card has been 

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

18 a description of steps taken to ensure the integrity of pri19 vacy safeguards. 

20 AUTOMATION MODERNIZATION

21 For expenses for customs and border protection auto22 mated systems, $476,609,000, to remain available until 

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

24 for the development of the Automated Commercial Envi25 ronment: Provided, That of the total amount made avail26 able under this heading, $216,969,000 may not be obliVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 gated for the Automated Commercial Environment pro2 gram until 30 days after the Committees on Appropria3 tions of the Senate and the House of Representatives re4 ceive a report on the results to date and plans for the 

5 program from the Department of Homeland Security that 

6 includes: 

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

8 progress up to the date of the report in meeting 

9 prior commitments made to the Committees relative 

10 to system capabilities or services, system perform11 ance levels, mission benefits and outcomes, mile12 stones, cost targets, and program management capa13 bilities; 

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

15 unobligated funds for the program from prior appro16 priations and all fiscal year 2008 funds are to be 

17 spent to meet future program commitments, with 

18 sufficient detail to link the planned expenditure of 

19 funds to the milestone-based delivery of specific ca20 pabilities, services, performance levels, mission bene21 fits and outcomes, and program management capa22 bilities; 

23 (3) a listing of all open Government Account24 ability Office and Office of Inspector General rec25 ommendations related to the program, with the staVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 tus of the Department’s efforts to address the rec2 ommendations, including milestones for fully ad3 dressing them; 

4 (4) a written certification by the Chief Finan5 cial Officer of the Department of Homeland Security 

6 that the program has been reviewed and approved in 

7 accordance with the Department’s investment man8 agement process, and that this process fulfills all 

9 capital planning and investment control require10 ments and reviews established by the Office of Man11 agement and Budget, including Circular A–11, part 

12 7, as well as copies of all investment decision memo13 randa and supporting analyses generated by and 

14 used in the Department’s process; 

15 (5) a written certification by the Chief Informa16 tion Officer of the Department of Homeland Secu17 rity that an independent validation and verification 

18 agent has and will continue to actively review the 

19 program, as well as summaries of reviews conducted 

20 by the agent during the preceding 12 months; 

21 (6) a written certification by the Chief Informa22 tion Officer of the Department of Homeland Secu23 rity that: the system architecture is sufficiently 

24 aligned with the department’s information systems 

25 enterprise architecture to minimize future rework, 


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1 including: a description of all aspects of the architec2 tures that were and were not assessed in making the 

3 alignment determination; the date of the alignment 

4 determination; any known areas of misalignment; 

5 any associated risks; and corrective actions to ad6 dress any such areas; 

7 (7) a written certification by the Chief Informa8 tion Officer of the Department of Homeland Secu9 rity that the program has a risk management proc10 ess that regularly and proactively identifies, evalu11 ates, mitigates, and monitors risks throughout the 

12 system life cycle, and communicates high-risk condi13 tions to United States Customs and Border Protec14 tion and Department of Homeland Security invest15 ment decision makers, as well as a listing of the pro16 gram’s high risks and the status of efforts to ad17 dress them; 

18 (8) a written certification by the Chief Procure19 ment Officer of the Department of Homeland Secu20 rity that the plans for the program comply with the 

21 Federal acquisition rules, requirements, guidelines, 

22 and practices, and a description of the actions being 

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

24 associated with them along with any plans for adVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 dressing these risks and the status of their imple2 mentation; and 

3 (9) a written certification by the Chief Human 

4 Capital Officer of the Department of Homeland Se5 curity that human capital needs of the program are 

6 being strategically and proactively managed, and 

7 that current human capital capabilities are sufficient 

8 to execute the plans discussed in the report. 

9 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

10 TECHNOLOGY

11 For expenses for customs and border protection fenc12 ing, infrastructure, and technology, $1,000,000,000 (re13 duced by $5,000,000) (increased by $5,000,000) (in14 creased by $89,125,000), to remain available until ex15 pended: Provided, That of the amount provided under this 

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

17 Committees on Appropriations of the Senate and the 

18 House of Representatives receive and approve a plan for 

19 expenditure, prepared by the Secretary of Homeland Secu20 rity and submitted within 60 days after the date of enact21 ment of this Act, for a program to establish a security 

22 barrier along the borders of the United States of fencing 

23 and vehicle barriers, where practicable, and other forms 

24 of tactical infrastructure and technology, that— 

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

26 implementing the program, including identification 


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1 of the maximum investment related to the Secure 

2 Border Initiative network (SBInet) or successor con3 tract, estimation of lifecycle costs, and description of 

4 the methodology used to obtain these cost figures; 

5 (2) demonstrates how activities will further the 

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

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

8 how the plan allocates funding to the highest pri9 ority border security needs; 

10 (3) identifies funding and staffing (including 

11 full-time equivalents, contractors, and detailees) re12 quirements by activity; 

13 (4) describes how the plan addresses security 

14 needs at the Northern Border and the ports of 

15 entry, including infrastructure, technology, design 

16 and operations requirements; 

17 (5) reports on costs incurred, the activities com18 pleted, and the progress made by the program in 

19 terms of obtaining operational control of the entire 

20 border of the United States; 

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

22 each segment of fencing or tactical infrastructure, of 

23 the selected approach compared to other, alternative 

24 means of achieving operational control; such analysis 

25 should include cost, level of operational control, posVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 sible unintended effects on communities, and other 

2 factors critical to the decision-making process; 

3 (7) includes a certification by the Chief Pro4 curement Officer of the Department of Homeland 

5 Security that procedures to prevent conflicts of in6 terest between the prime integrator and major sub7 contractors are established and that the SBI Pro8 gram Office has adequate staff and resources to ef9 fectively manage the SBI program, SBInet contract, 

10 and any related contracts, including the exercise of 

11 technical oversight, and a certification by the Chief 

12 Information Officer of the Department of Homeland 

13 Security that an independent verification and valida14 tion agent is currently under contract for the 

15 projects funded under this heading; 

16 (8) complies with all applicable acquisition 

17 rules, requirements, guidelines, and best systems ac18 quisition management practices of the Federal Gov19 ernment; 

20 (9) complies with the capital planning and in21 vestment control review requirements established by 

22 the Office of Management and Budget, including 

23 Circular A–11, part 7; 

24 (10) is reviewed and approved by the Depart25 ment of Homeland Security Investment Review 


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1 Board, the Secretary of Homeland Security, and the 

2 Office of Management and Budget; and 

3 (11) is reviewed by the Government Account4 ability Office: 

5 Provided further, That the Secretary shall report to the 

6 Committees on Appropriations of the Senate and the 

7 House of Representatives on program progress to date, 

8 and specific objectives to be achieved through the award 

9 of current and remaining task orders planned for the bal10 ance of available appropriations: (1) at least 30 days prior 

11 to the award of any task order requiring the obligation 

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

13 a task order that would cause cumulative obligations to 

14 exceed 50 percent of the total amount appropriated: Pro15 vided further, That of the funds provided under this head16 ing, not more than $2,000,000 shall be used to reimburse 

17 the Defense Acquisition University for the costs of con18 ducting a review of the SBInet contract and determining 

19 how and whether the Department is employing the best 

20 procurement practices: Provided further, That none of the 

21 funds under this heading may be obligated for fencing or 

22 tactical infrastructure on lands administered by the Na23 tional Park Service, the United States Fish and Wildlife 

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

25 or the Bureau of Land Management unless the Secretary 


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1 of Homeland Security coordinates such decision with that 

2 agency, and makes every effort to minimize impacts on 

3 wildlife and natural resources: Provided further, That none 

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

5 fencing or tactical infrastructure project or activity unless 

6 the Secretary formally consults with affected State and 

7 local communities to solicit their advice and support of 

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

9 under this heading may be obligated for any project or 

10 activity for which the Secretary has exercised waiver au11 thority pursuant to section 102(c) of the Illegal Immigra12 tion Reform and Immigrant Responsibility Act of 1996 

13 (8 U.S.C. 1103 note) until 15 days have elapsed from the 

14 date of the publication of the decision in the Federal Reg15 ister. 

16 AIR AND MARINE INTERDICTION, OPERATIONS, 

17 MAINTENANCE, AND PROCUREMENT

18 For necessary expenses for the operations, mainte19 nance, and procurement of marine vessels, aircraft, un20 manned aircraft systems, and other related equipment of 

21 the air and marine program, including operational train22 ing and mission-related travel, and rental payments for 

23 facilities occupied by the air or marine interdiction and 

24 demand reduction programs, the operations of which in25 clude the following: the interdiction of narcotics and other 

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


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1 agencies in the enforcement or administration of laws en2 forced by the Department of Homeland Security; and at 

3 the discretion of the Secretary of Homeland Security, the 

4 provision of assistance to Federal, State, and local agen5 cies in other law enforcement and emergency humani6 tarian efforts, $477,287,000, to remain available until ex7 pended: Provided, That no aircraft or other related equip8 ment, except aircraft that are one-of-a-kind and have been 

9 identified as excess to United States Customs and Border 

10 Protection requirements and aircraft that have been dam11 aged beyond repair, shall be transferred to any other Fed12 eral agency, department, or office outside of the Depart13 ment of Homeland Security during fiscal year 2008 with14 out the prior approval of the Committees on Appropria15 tions of the Senate and the House of Representatives: Pro16 vided further, That none of the funds under this heading 

17 may be obligated for procurement of additional unmanned 

18 aerial systems until the Commissioner of United States 

19 Customs and Border Protection certifies to the Commit20 tees on Appropriations of the Senate and House of Rep21 resentatives that they are of higher priority and more cost 

22 effective than other items included in the Air and Marine 

23 Strategic Recapitalization and Modernization plan. 

24 CONSTRUCTION

25 For necessary expenses to plan, construct, renovate, 

26 equip, and maintain buildings and facilities necessary for 


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1 the administration and enforcement of the laws relating 

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

3 available until expended. 

4 UNITED STATES IMMIGRATION AND CUSTOMS

5 ENFORCEMENT

6 SALARIES AND EXPENSES

7 For necessary expenses for enforcement of immigra8 tion and customs laws, detention and removals, and inves9 tigations; and purchase and lease of up to 3,790 (2,350 

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

11 (increased by $9,100,000) (reduced by $5,000,000) (in12 creased by $5,000,000), of which not to exceed 

13 $10,000,000 shall be available until expended for con14 ducting special operations under section 3131 of the Cus15 toms Enforcement Act of 1986 (19 U.S.C. 2081); of which 

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

17 representation expenses; of which not to exceed 

18 $1,000,000 shall be for awards of compensation to inform19 ants, to be accounted for solely under the certificate of 

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

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

22 other Federal agencies for the costs associated with the 

23 care, maintenance, and repatriation of smuggled illegal 

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

25 under this heading shall be available to compensate any 


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1 employee for overtime in an annual amount in excess of 

2 $35,000, except that the Secretary of Homeland Security, 

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

4 as necessary for national security purposes and in cases 

5 of immigration emergencies: Provided further, That of the 

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

7 to enforce laws against forced child labor in fiscal year 

8 2008, of which not to exceed $6,000,000 shall remain 

9 available until expended: Provided further, That at least 

10 once per month the Secretary of Homeland Security or 

11 a designee of the Secretary shall obtain information from 

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

13 States to identify incarcerated aliens who may be deport14 able and make every reasonable effort to remove such 

15 aliens judged deportable upon their release from custody. 

16 FEDERAL PROTECTIVE SERVICE

17 The revenues and collections of security fees credited 

18 to this account shall be available until expended for nec19 essary expenses related to the protection of federally20 owned and leased buildings and for the operations of the 

21 Federal Protective Service: Provided, That none of the 

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

23 revenues or collections of security fees credited to this ac24 count, may be obligated for any activity that reduces the 

25 number of in-service Federal Protective Service police offiVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 cers below the number of such officers as of October 1, 

2 2006, unless— 

3 (1) the Director of the Federal Protective Serv4 ice provides to the head of the relevant lead State 

5 and local law enforcement agencies for the jurisdic6 tion concerned a report on the number and type of 

7 cases handled by the Federal Protective Service po8 lice in that jurisdiction for the previous two fiscal 

9 years; 

10 (2) the Director of the Federal Protective Serv11 ice negotiates a Memorandum of Agreement with the 

12 head of each relevant State and local law enforce13 ment agency for the jurisdiction concerned that ex14 plains how the work identified in the report de15 scribed in section (1) will be addressed in the future; 

16 and 

17 (3) the Director of the Federal Protective Serv18 ice submits copies of each report under paragraph 

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

20 the Committees on Appropriations of the Senate and 

21 the House of Representatives by not later than 15 

22 days before the number of in-service Federal Protec23 tive Service police officers is reduced for the con24 cerned jurisdiction. 


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1 AUTOMATION MODERNIZATION

2 For expenses of immigration and customs enforce3 ment automated systems, $30,700,000, to remain avail4 able until expended: Provided, That none of the funds 

5 made available under this heading may be obligated until 

6 the Committees on Appropriations of the Senate and the 

7 House of Representatives receive and approve a plan for 

8 expenditure prepared by the Secretary of Homeland Secu9 rity that— 

10 (1) meets the capital planning and investment 

11 control review requirements established by the Office 

12 of Management and Budget, including Circular A– 

13 11, part 7; 

14 (2) complies with the Department of Homeland 

15 Security information systems enterprise architecture; 

16 (3) complies with the acquisition rules, require17 ments, guidelines, and systems acquisition manage18 ment practices of the Federal Government; 

19 (4) includes a certification by the Chief Infor20 mation Officer of the Department of Homeland Se21 curity that an independent verification and valida22 tion agent is currently under contract for the 

23 project; 

24 (5) is reviewed and approved by the Depart25 ment of Homeland Security Investment Review 


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1 Board, the Secretary of Homeland Security, and the 

2 Office of Management and Budget; and 

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

5 CONSTRUCTION

6 For necessary expenses to plan, construct, renovate, 

7 equip, and maintain buildings and facilities necessary for 

8 the administration and enforcement of the laws relating 

9 to customs and immigration, $6,000,000, to remain avail10 able until expended: Provided, That none of the funds 

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

12 solicit or consider any request to privatize facilities cur13 rently owned by the United States Government and used 

14 to detain illegal aliens until the Committees on Appropria15 tions of the Senate and the House of Representatives re16 ceive and approve a plan for carrying out that privatiza17 tion. 

18 TRANSPORTATION SECURITY ADMINISTRATION

19 AVIATION SECURITY

20 For necessary expenses of the Transportation Secu21 rity Administration related to providing civil aviation secu22 rity services pursuant to the Aviation and Transportation 

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

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

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

26 shall be for official reception and representation expenses: 


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1 Provided, That of the total amount made available under 

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

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

4 available only for procurement and installation of checked 

5 baggage explosive detection systems; and not to exceed 

6 $980,116,000 shall be for aviation security direction and 

7 enforcement: Provided further, That security service fees 

8 authorized under section 44940 of title 49, United States 

9 Code, shall be credited to this appropriation as offsetting 

10 collections and shall be available only for aviation security: 

11 Provided further, That the sum appropriated under this 

12 heading from the general fund shall be reduced on a dol13 lar-for-dollar basis as such offsetting collections are re14 ceived during fiscal year 2008, so as to result in a final 

15 fiscal year appropriation from the general fund estimated 

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

17 any security service fees collected in excess of the amount 

18 made available under this heading shall become available 

19 during fiscal year 2009. 

20 SURFACE TRANSPORTATION SECURITY

21 For necessary expenses of the Transportation Secu22 rity Administration related to providing surface transpor23 tation security activities, $41,413,000, to remain available 

24 until September 30, 2009. 


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1 TRANSPORTATION THREAT ASSESSMENT AND

2 CREDENTIALING

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

5 Transportation Threat Assessment and Credentialing, 

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

9 Security Administration) determines that the Secure 

10 Flight program does not need to check airline passenger 

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

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

16 watch list. 

17 TRANSPORTATION SECURITY SUPPORT

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

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

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

23 remain available until September 30, 2009: Provided, 

24 That the Secretary of Homeland Security shall submit to 

25 the Committees on Appropriations of the Senate and the 

26 House of Representatives no later than 60 days after the 


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1 date of enactment of this Acta detailed expenditure plan 

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

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

8 FEDERAL AIR MARSHALS

9 For necessary expenses of the Federal Air Marshals, 

10 $722,000,000. 

11 COAST GUARD

12 OPERATING EXPENSES

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

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

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

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

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

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


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

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

4 expenses incurred for yacht documentation under section 

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

6 fees are collected from yacht owners and credited to this 

7 appropriation. 

8 ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

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

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

13 RESERVE TRAINING

14 For necessary expenses of the Coast Guard Reserve, 

15 as authorized by law; operations and maintenance of the 

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

18 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

19 (INCLUDING RESCISSIONS OF FUNDS)

20 For necessary expenses of acquisition, construction, 

21 renovation, and improvement of aids to navigation, shore 

22 facilities, vessels, and aircraft, including equipment related 

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

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

26 the Oil Spill Liability Trust Fund to carry out the purVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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

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

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

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

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

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

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

8 for shore facilities and aids to navigation facilities; of 

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

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

12 for the Integrated Deepwater Systems program: Provided, 

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

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

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

17 Deepwater Systems program may not be obligated until 

18 the Committees on Appropriations of the Senate and the 

19 House of Representatives receive and approve a plan for 

20 expenditure directly from the Coast Guard that— 

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

22 and lifecycle costs for each procurement of a major 

23 asset, including an independent cost estimate for 

24 each; 


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1 (2) identifies lifecycle staffing and training 

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

4 (3) identifies competition to be conducted in 

5 each procurement; 

6 (4) describes procurement plans that do not 

7 rely on a single industry entity or contract; 

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

10 any indefinite delivery/indefinite quantity contracts; 

11 (6) complies with all applicable acquisition 

12 rules, requirements, and guidelines, and incorporates 

13 the best systems acquisition management practices 

14 of the Federal Government; 

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

18 A–11, part 7; 

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

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

23 sufficient controls and procedures and has sufficient 

24 staffing to comply with all contracting requirements 


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1 and that any apparent conflicts of interest have been 

2 sufficiently addressed; 

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

4 act upon deviations from the contractually specified 

5 performance requirements and clearly explains the 

6 actions taken on such deviations; 

7 (10) includes a certification that the Assistant 

8 Commandant of the Coast Guard for Engineering 

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

11 pertaining to the Integrated Deepwater Systems pro12 gram; 

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

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

17 Provided further, That the Commandant of the Coast 

18 Guard is authorized to dispose of surplus real property, 

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

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

22 amounts made available under this heading in Public Law 

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

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


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

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

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

6 a review of the Revised Deepwater Implementation Plan 

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

8 an annual performance comparison of Deepwater assets 

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

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

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

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

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

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

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

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

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

24 section 1105(a) of title 31, United States Code, a futureVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 years capital investment plan for the Coast Guard that 

2 identifies for each capital budget line item— 

3 (1) the proposed appropriation included in that 

4 budget; 

5 (2) the total estimated cost of completion; 

6 (3) projected funding levels for each fiscal year 

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

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

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

12 of completion or estimated completion date from 

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

15 Senate and the House of Representatives: 

16 Provided further, That the Secretary shall ensure that 

17 amounts specified in the future-years capital investment 

18 plan are consistent to the maximum extent practicable 

19 with proposed appropriations necessary to support the 

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

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

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

24 investment plan and proposed appropriations shall be 

25 identified and justified. 


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1 ALTERATION OF BRIDGES

2 For necessary expenses for alteration or removal of 

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

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

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

6 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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

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

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

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

13 Trust Fund to carry out the purposes of section 

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

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

16 used for the purposes of this appropriation funds received 

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

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

21 RETIRED PAY

22 For retired pay, including the payment of obligations 

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

25 Protection and Survivor Benefits Plans, payment for ca26 reer status bonuses, concurrent receipts and combat-reVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 lated special compensation under the National Defense 

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

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

5 available until expended. 

6 UNITED STATES SECRET SERVICE

7 SALARIES AND EXPENSES

8 For necessary expenses of the United States Secret 

9 Service, including purchase of not to exceed 645 vehicles 

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

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

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

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

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

21 protectee requires an employee to work 16 hours per day 

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

23 participation in firearms matches; presentation of awards; 

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


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

3 of the Senate and the House of Representatives; research 

4 and development; grants to conduct behavioral research in 

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

7 be necessary to perform protective functions; 

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

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

10 reception and representation expenses: Provided, That up 

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

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

13 the United States Secret Service is authorized to obligate 

14 funds in anticipation of reimbursements from Executive 

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

16 Code, receiving training sponsored by the James J. 

17 Rowley Training Center, except that total obligations at 

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

19 resources available under this heading at the end of the 

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

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

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

25 that amount as necessary for national security purposes: 


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

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

3 Secret Service by this or any previous appropriations Act 

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

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

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

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

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

14 Committees on Appropriations of the Senate and the 

15 House of Representatives are notified 15 days in advance 

16 of such reprogramming of funds. 

17 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

18 RELATED EXPENSES

19 For necessary expenses for acquisition, construction, 

20 repair, alteration, and improvement of facilities, 

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


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1 TITLE III—PROTECTION, PREPAREDNESS, 

2 RESPONSE AND RECOVERY 

3 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

4 MANAGEMENT AND ADMINISTRATION

5 For salaries and expenses of the immediate Office of 

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

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

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

12 INFRASTRUCTURE PROTECTION AND INFORMATION

13 SECURITY

14 For necessary expenses for infrastructure protection 

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

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

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

19 2009. 

20 UNITED STATES VISITOR AND IMMIGRANT STATUS

21 INDICATOR TECHNOLOGY

22 For necessary expenses for the development of the 

23 United States Visitor and Immigrant Status Indicator 

24 Technology project, as authorized by section 110 of the 

25 Illegal Immigration Reform and Immigrant Responsibility 

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


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1 available until expended: Provided, That of the total 

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

3 may not be obligated for the United States Visitor and 

4 Immigrant Status Indicator Technology project until the 

5 Committees on Appropriations of the Senate and the 

6 House of Representatives receive and approve a plan for 

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

9 (1) meets the capital planning and investment 

10 control review requirements established by the Office 

11 of Management and Budget, including Circular A– 

12 11, part 7; 

13 (2) complies with the Department of Homeland 

14 Security information systems enterprise architecture; 

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

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

22 project; 

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


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1 Board, the Secretary of Homeland Security, and the 

2 Office of Management and Budget; 

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

5 (7) includes a comprehensive strategic plan for 

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

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

11 five years; and 

12 (9) includes a detailed accounting of operation 

13 and maintenance, contractor services, and program 

14 costs associated with the management of identity 

15 services: 

16 Provided further, That quarterly status reports on the 

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

19 shall include reporting on coordination with Western 

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

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

23 OFFICE OF HEALTH AFFAIRS

24 For the necessary expenses of the Office of Health 

25 Affairs, $117,933,000; of which $25,750,000 is for salaVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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

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

5 shall be for official reception and representation expenses. 

6 FEDERAL EMERGENCY MANAGEMENT AGENCY

7 MANAGEMENT AND ADMINISTRATION

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

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

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

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

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

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

22 of the total amount made available under this heading, 

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

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

25 for administrative costs: Provided further, That no less 


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

2 Capital Region Coordination. 

3 STATE AND LOCAL PROGRAMS

4 For grants, contracts, cooperative agreements, and 

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

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

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

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

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

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

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

14 the application for grants shall be made available to 

15 States within 45 days after the date of enactment of 

16 this Act; that States shall submit applications within 

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

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

21 under this paragraph to a State or to Puerto Rico 

22 shall be made available by the State or Puerto Rico 

23 to local governments within 60 days after the receipt 

24 of the funds. 

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

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


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

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

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

5 high-density urban areas; 

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

7 grants pursuant to section 70107 of title 46, 

8 United States Code; 

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

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

12 security grants; 

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

14 passenger transportation (as defined in section 

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

16 rail, and transit security grants; 

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

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

19 grants; 

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

21 Equipment Direct Assistance grants; 

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

23 Medical Response System grants; 

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

25 grants; 


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

2 communications grants; and 

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

4 grants pursuant to Public Law 109–13: 

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

6 the application for grants shall be made available to 

7 States within 45 days after the date of enactment of 

8 this Act; that States shall submit applications within 

9 90 days after the grant announcement; and that the 

10 Federal Emergency Management Agency shall act 

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

13 grant under this paragraph to a State shall be made 

14 available by the State to local governments within 60 

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

16 That for grants under subparagraphs (B) through 

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

18 available for competitive award to eligible applicants 

19 not later than 75 days after the date of enactment 

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

22 the grant announcement, and that the Federal 

23 Emergency Management Agency shall act on such 

24 applications not later than 60 days after the date on 

25 which such an application is received. 


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

3 Provided, That none of the grants provided under this 

4 heading shall be used for the construction or renovation 

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

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

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

9 Provided further, That grantees shall provide additional 

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

11 the Secretary of Homeland Security: Provided further, 

12 That funds appropriated for law enforcement terrorism 

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

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

17 training, as needed. 

18 FIREFIGHTER ASSISTANCE GRANTS

19 For grants authorized by the Federal Fire Prevention 

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

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

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

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

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

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1 cent of the amount available under this heading shall be 

2 available for program administration. 

3 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

4 For necessary expenses for emergency management 

5 performance grants, as authorized by the National Flood 

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

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

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

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

12 heading shall be distributed based on the formula used 

13 by the Department of Homeland Security in fiscal year 

14 2007: Provided further, That total administrative costs 

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

17 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

18 The aggregate charges assessed during fiscal year 

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

21 Independent Agencies Appropriations Act, 1999 (42 

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

23 amount the Secretary of Homeland Security anticipates 

24 is necessary for the radiological emergency preparedness 

25 program of the Department of Homeland Security for the 

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


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

3 including the administrative cost of collecting such fees: 

4 Provided further, That fees received under this heading 

5 shall be deposited in this account as offsetting collections 

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

8 UNITED STATES FIRE ADMINISTRATION

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

11 Federal Fire Prevention and Control Act of 1974 (15 

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

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

14 DISASTER RELIEF

15 For necessary expenses in carrying out the Robert 

16 T. Stafford Disaster Relief and Emergency Assistance Act 

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

19 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

20 For activities under section 319 of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance Act 

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

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

25 loans: Provided, That gross obligations for the principal 

26 amount of direct loans under that section shall not exceed 


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

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

4 U.S.C. 661a). 

5 FLOOD MAP MODERNIZATION FUND

6 For necessary expenses under section 1360 of the 

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

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

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

13 exceed 3 percent of the total amount appropriated under 

14 this heading. 

15 NATIONAL FLOOD INSURANCE FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For activities under the National Flood Insurance 

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

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

22 with flood mitigation and flood insurance operations; and 

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

24 which shall be derived from offsetting collections assessed 

25 and collected under section 1307 of the National Flood 

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1 able until September 30, 2009, including up to 

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

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

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

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

7 collected pursuant to section 1307 of that Act shall be 

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

9 available for flood hazard mitigation expenses: Provided 

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

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

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

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

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

17 severe repetitive loss properties under section 1361A of 

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

19 claims properties under section 1323 of that Act (42 

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

21 Provided further, That total administrative costs shall not 

22 exceed 4 percent of the total appropriation. 

23 NATIONAL FLOOD MITIGATION FUND

24 (INCLUDING TRANSFER OF FUNDS)

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


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

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

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

4 damage to structures pursuant to such Act, of which 

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

7 4017). 

8 NATIONAL PRE-DISASTER MITIGATION FUND

9 For a predisaster mitigation grant program under 

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

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

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

14 be awarded on a competitive basis subject to the criteria 

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

18 total amount made available under this heading. 

19 EMERGENCY FOOD AND SHELTER

20 To carry out an emergency food and shelter program 

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

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

25 amount made available under this heading. 


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1 TITLE IV—RESEARCH AND DEVELOPMENT, 

2 TRAINING, AND SERVICES 

3 UNITED STATES CITIZENSHIP AND IMMIGRATION

4 SERVICES

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

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

8 until the Committees on Appropriations of the Senate and 

9 the House of Representatives, and the Committee on the 

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

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

15 FEDERAL LAW ENFORCEMENT TRAINING CENTER

16 SALARIES AND EXPENSES

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

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

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

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

25 public awareness and enhancement of community support 


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1 of law enforcement training; room and board for student 

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

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

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

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

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

9 available until expended for Federal law enforcement 

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

12 Training Center for the needs of participating agencies; 

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

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

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

17 inserting ‘‘December 31, 2008’’. 

18 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

19 RELATED EXPENSES

20 For acquisition of necessary additional real property 

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

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

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

3 SCIENCE AND TECHNOLOGY

4 MANAGEMENT AND ADMINISTRATION

5 For salaries and expenses of the Office of the Under 

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

8 authorized by title III of the Homeland Security Act of 

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

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

11 and representation expenses. 

12 RESEARCH, DEVELOPMENT, ACQUISITION AND

13 OPERATIONS

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

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

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

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

20 available under this heading shall be obligated for the 

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

23 Homeland Security completes a Privacy Impact Assess24 ment. 


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1 DOMESTIC NUCLEAR DETECTION OFFICE

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Domestic Nuclear 

4 Detection Office as authorized by the second title XVIII 

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

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

8 be for official reception and representation expenses. 

9 RESEARCH, DEVELOPMENT, AND OPERATIONS

10 For necessary expenses for radiological and nuclear 

11 research, development, testing, evaluation and operations, 

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

13 SYSTEMS ACQUISITION

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

16 systems in accordance with the global nuclear detection 

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

18 remain available until September 30, 2010: Provided, 

19 That none of the funds appropriated under this heading 

20 shall be obligated for full-scale procurement of Advanced 

21 Spectroscopic Portal Monitors until the Secretary of 

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

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


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1 TITLE V—GENERAL PROVISIONS 

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

3 this Act shall remain available for obligation beyond the 

4 current fiscal year unless expressly so provided herein. 

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

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

8 to appropriation accounts for such activities established 

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

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

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

14 provided by previous appropriations Acts to the agencies 

15 in or transferred to the Department of Homeland Security 

16 that remain available for obligation or expenditure in fiscal 

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

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

20 for obligation or expenditure through a reprogramming of 

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

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

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

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

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


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1 the Committees on Appropriations of the Senate or House 

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

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

5 full-time equivalent positions; unless the Committees on 

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

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

10 by previous appropriations Acts to the agencies in or 

11 transferred to the Department of Homeland Security that 

12 remain available for obligation or expenditure in fiscal 

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

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

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

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

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

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

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

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

25 existing programs, projects, or activities as approved by 


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1 the Congress; unless the Committees on Appropriations of 

2 the Senate and the House of Representatives are notified 

3 15 days in advance of such reprogramming of funds. 

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

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

7 previous appropriations Acts may be transferred between 

8 such appropriations, but no such appropriations, except 

9 as otherwise specifically provided, shall be increased by 

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

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

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

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

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

20 safety of human life or the protection of property. 

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

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

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


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

2 transit subsidy, mail operations, parking, and competitive 

3 sourcing: Provided, That any additional activities and 

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

6 30 days in advance of obligation. 

7 SEC. 505. Except as otherwise specifically provided 

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

9 remaining available at the end of fiscal year 2008 from 

10 appropriations for salaries and expenses for fiscal year 

11 2008 in this Act shall remain available through September 

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

13 the appropriations were provided: Provided, That prior to 

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

15 to the Committees on Appropriations of the Senate and 

16 the House of Representatives for approval in accordance 

17 with section 503 of this Act. 

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

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

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

24 SEC. 507. The Federal Law Enforcement Training 

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

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

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

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

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

12 the intention to make such awards, unless the Secretary 

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

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

16 no notification shall involve funds that are not available 

17 for obligation: Provided further, That the Administrator 

18 of the Federal Emergency Management Agency shall brief 

19 the Committees on Appropriations of the Senate and the 

20 House of Representatives 5 full business days in advance 

21 of announcing publicly the intention of making an award 

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

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

2 including the city, county, and State. 

3 SEC. 509. Notwithstanding any other provision of 

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

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

7 law enforcement training without the advance approval of 

8 the Committees on Appropriations of the Senate and the 

9 House of Representatives, except that the Federal Law 

10 Enforcement Training Center is authorized to obtain the 

11 temporary use of additional facilities by lease, contract, 

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

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

16 enforcement training at all four training facilities under 

17 the control of the Federal Law Enforcement Training 

18 Center to ensure that these training centers are operated 

19 at the highest capacity throughout the fiscal year. 

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

22 for any construction, repair, alteration, or acquisition 

23 project for which a prospectus, if required under chapter 

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

25 except that necessary funds may be expended for each 


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

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

4 in contravention of the applicable provisions of the Buy 

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

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

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

9 Secure Flight program or any other follow on or successor 

10 passenger prescreening program, until the Secretary of 

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

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

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

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

17 1319) have been successfully met. 

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

19 submitted within 90 days after the Secretary provides the 

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

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

24 this Act, the Secretary of Homeland Security shall submit 

25 to the Committees on Appropriations of the Senate and 


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

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

7 (d) During the testing phase permitted by subsection 

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

9 domestic air carriers, or reservation systems may be used 

10 to screen aviation passengers, or delay or deny boarding 

11 to such passengers, except in instances where passenger 

12 names are matched to a Government watch list. 

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

14 Act to any part of the Department of Homeland Security 

15 may be utilized to develop or test algorithms assigning risk 

16 to passengers whose names are not on Government watch 

17 lists. 

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

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

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

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

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

24 may be used to process or approve a competition under 

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

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

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

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

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

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

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

13 a service on a fully reimbursable basis. 

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

15 Homeland Security Appropriations Act, 2005, is amended 

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

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

18 apply to the percentage of cargo inspected as required by 

19 Security Directives in effect as of the date of enactment 

20 of this Act. 

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

22 shall research, develop, and procure new technologies to 

23 inspect and screen air cargo carried on passenger aircraft 

24 at the earliest date possible. 


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1 (b) Existing checked baggage explosive detection 

2 equipment and screeners shall be used to screen air cargo 

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

5 subsection (a) are available. 

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

9 and the House of Representatives a report on air cargo 

10 inspection statistics by airport and air carrier, including 

11 any reason for non-compliance with section 516. 

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

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

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

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

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

18 of such section. 

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

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

21 serving as a contracting officer’s technical representative 

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

23 not received COTR training. 

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

25 49, United States Code, funds appropriated or transferred 


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

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

4 that are recovered or deobligated shall be available only 

5 for the procurement or installation of explosive detection 

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

7 systems, subject to notification: Provided, That quarterly 

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

10 on any funds that are recovered or deobligated. 

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

13 295), is amended— 

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

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

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

19 inserting ‘‘identical to those’’; and 

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

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

23 legal proceedings and who is so designated by counsel and 

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


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1 SEC. 522. The Department of Homeland Security 

2 Working Capital Fund, established pursuant to section 

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

4 continue operations during fiscal year 2008. 

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

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

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

9 Disaster Relief Fund including obligations, allocations, 

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

11 obligations, and expenditures for Hurricanes Katrina, 

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

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

17 manufactured housing, public assistance, and individual 

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

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

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

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


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1 amount of credit card purchases by agency and mission 

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

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

4 contracts that were awarded on a sole source or limited 

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

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

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

11 obligation and expenditure data and include such data in 

12 the report referred to in subsection (a). 

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

15 cover expenditures under the Robert T. Stafford Disaster 

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

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

19 Secretary of Homeland Security shall take appropriate 

20 steps to ensure that each agency is periodically reminded 

21 of Department of Homeland Security policies on— 

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

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


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

2 month, the Chief Financial Officer of the Department of 

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

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

7 equivalent staffing levels. 

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

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

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

11 Act shall be used in contravention of the Federal buildings 

12 performance and reporting requirements of Executive 

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

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

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

19 as inherently governmental for the purpose of the Federal 

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

21 note). 

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

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

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


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

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

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

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

8 shall contain the following: 

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

10 designs, design changes, and engineering change 

11 proposals, and a requirement to specifically address 

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

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

17 (3) A requirement that no procurement subject 

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

21 financial interest in the development, construction, 

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


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1 (4) A requirement for independent life-cycle 

2 cost estimates of lead assets and major design and 

3 engineering changes. 

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

6 status of all work performed. For contracts under 

7 the Integrated Deepwater Systems program, such 

8 requirement shall include a provision that links 

9 award fees to successful acquisition outcomes (which 

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

12 (6) A requirement that the Commandant of the 

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

17 team. 

18 (7) A requirement that the Commandant of the 

19 Coast Guard may not award or issue any contract, 

20 task or delivery order, letter contract modification 

21 thereof, or other similar contract, for the acquisition 

22 or modification of an asset under a procurement 

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

24 the contractor concerned have formally agreed to all 

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

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

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

7 subcontract, delivery or task order entered into by 

8 the Coast Guard; 

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

10 such a contract; and 

11 (3) any task or delivery order issued pursuant 

12 to such a contract or subcontract. 

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

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

15 Guard shall submit to the Committees on Appropriations 

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

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

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

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

24 will utilize full and open competition for any contract en25 tered into after the date of enactment of the Act that proVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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1 vides for the acquisition or modification of assets under, 

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

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

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

6 deployment, or operation of any system related to the 

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

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

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

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

12 Department of Homeland Security Appropriations Act, 

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

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

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

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

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

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

23 treated as sensitive security information (as that 

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


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1 Federal Regulations, or any subsequent regulations 

2 relating to the same matter)’’; and 

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

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

6 of any State or political subdivision thereof to adopt or 

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

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

11 impair any right or jurisdiction of any State with respect 

12 to chemical facilities within that State.’’. 

13 (b) REGULATORY CLARIFICATION.—Not later than 

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

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

17 security information, including 49 CFR 1520, to reference 

18 all information required to be protected under section 

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

21 subsection (a). 

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

24 2008, establish for the United States Customs and Border 

25 Protection Officer (CBPO) position, a new classification 


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

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

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

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

6 the new classification, the Commissioner shall consult with 

7 the Office of Personnel Management, as well as employee 

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

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

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

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

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

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

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

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

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

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

22 the House of Representatives 15 days in advance of such 

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

25 enforcement of the prohibition: Provided further, That if 


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1 the Assistant Secretary has previously submitted a report 

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

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

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

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

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

11 of this Act. 

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

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

14 does not comply with the requirements of subchapter IV 

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

16 That the President may suspend the provisions of such 

17 subchapter during a national emergency. 

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

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

20 means other than full and open competition, other than 

21 a grant distributed by a formula or other mechanism that 

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

24 a national emergency. 


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

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

3 107–296. 

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

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

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

7 (RESCISSION OF FUNDS)

8 SEC. 540. From the unobligated balances of funds 

9 transferred to the Department of Homeland Security 

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

12 shall be rescinded from Departmental Operations. 

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

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

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

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

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

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

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

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

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1 able efforts to collect such badge from the employee 

2 on the date that the employment of the employee is 

3 terminated and does not notify the operator of the 

4 airport of such termination within 24 hours of the 

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

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

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

9 Services to grant an immigration benefit to any individual 

10 unless all criminal history and other background checks 

11 required for the benefit have been completed, the results 

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

13 Immigration Services, and the results do not preclude the 

14 grant of the benefit. 

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

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

17 or mule belonging to the Unites States that has become 

18 unfit for service. 

19 SEC. 545. CRITICAL INFRASTRUCTURE VULNERABILITY. 

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

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

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

24 Act may be used to implement any plan developed under 

25 section 7209(b)(1) of the Intelligence Reform and TerVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6401 E:\BILLS\H2638.PP H2638

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

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

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

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

5 Illegal Immigration Reform and Immigrant Responsibility 

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

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

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

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

10 34 of the Federal Fire Prevention and Control Act of 

11 1974. 

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

14 That the following sums are appropriated, out of any 

15 money in the Treasury not otherwise appropriated, for the 

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

17 of Homeland Security and for other purposes, namely: 

18 TITLE I 

19 DEPARTMENT OF HOMELAND SECURITY 

20 DEPARTMENTAL MANAGEMENT AND 

21 OPERATIONS 

22 OFFICE OF THE SECRETARY AND EXECUTIVE

23 MANAGEMENT

24 For necessary expenses of the Office of the Secretary 

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


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1 Homeland Security Act of 2002 (6 U.S.C. 112), and execu2 tive management of the Department of Homeland Security, 

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

4 exceed $40,000 shall be for official reception and representa5 tion expenses: Provided further, That $15,000,000 shall not 

6 be available for obligation until the Secretary certifies and 

7 reports to the Committees on Appropriations of the Senate 

8 and the House of Representatives that the Department has 

9 revised Departmental guidance with respect to relations 

10 with the Government Accountability Office to specifically 

11 provide for: (1) expedited timeframes for providing the Gov12 ernment Accountability Office with access to records not to 

13 exceed 20 days from the date of request; (2) expedited time14 frames for interviews of program officials by the Govern15 ment Accountability Office after reasonable notice has been 

16 furnished to the Department by the Government Account17 ability Office; and (3) a significant streamlining of the re18 view process for documents and interview requests by liai19 sons, counsel, and program officials, consistent with the ob20 jective that the Government Accountability Office be given 

21 timely and complete access to documents and agency offi22 cials: Provided further, That the Secretary shall make the 

23 revisions to Departmental guidance with respect to rela24 tions with the Government Accountability Office in con25 sultation with the Comptroller General of the United States. 


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1 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

2 For necessary expenses of the Office of the Under Sec3 retary for Management, as authorized by sections 701 

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

5 U.S.C. 341 through 345), $234,883,000, of which not to ex6 ceed $3,000 shall be for official reception and representation 

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

8 shall remain available until expended solely for the alter9 ation and improvement of facilities, tenant improvements, 

10 and relocation costs to consolidate Department head11 quarters operations; and $88,000,000 shall remain avail12 able until expended for the Consolidated Headquarters 

13 Project. 

14 OFFICE OF THE CHIEF FINANCIAL OFFICER

15 For necessary expenses of the Office of the Chief Finan16 cial Officer, as authorized by section 103 of the Homeland 

17 Security Act of 2002 (6 U.S.C. 113), $30,076,000. 

18 OFFICE OF THE CHIEF INFORMATION OFFICER

19 For necessary expenses of the Office of the Chief Infor20 mation Officer, as authorized by section 103 of the Home21 land Security Act of 2002 (6 U.S.C. 113), and Department22 wide technology investments, $321,100,000; of which 

23 $82,400,000 shall be available for salaries and expenses; 

24 and of which $238,700,000, to remain available until ex25 pended, shall be available for development and acquisition 


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1 of information technology equipment, software, services, 

2 and related activities for the Department of Homeland Se3 curity, of which $97,300,000 shall be for the National Cen4 ter for Critical Information Processing and Storage: Pro5 vided, That none of the funds appropriated shall be used 

6 to support or supplement the appropriations provided for 

7 the United States Visitor and Immigrant Status Indicator 

8 Technology project or the Automated Commercial Environ9 ment. 

10 ANALYSIS AND OPERATIONS

11 For necessary expenses for information analysis and 

12 operations coordination activities, as authorized by title II 

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

14 $306,000,000, to remain available until September 30, 

15 2009, of which not to exceed $5,000 shall be for official re16 ception and representation expenses: Provided, That the Di17 rector of Operations Coordination shall encourage rotating 

18 State and local fire service representation at the National 

19 Operations Center. 

20 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

21 COAST REBUILDING

22 For necessary expenses of the Office of the Federal Co23 ordinator for Gulf Coast Rebuilding, $3,000,000: Provided, 

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

25 the Committees on Appropriations of the Senate and the 


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1 House of Representatives receive an expenditure plan for 

2 fiscal year 2008. 

3 OFFICE OF INSPECTOR GENERAL

4 OPERATING EXPENSES

5 For necessary expenses of the Office of Inspector Gen6 eral in carrying out the provisions of the Inspector General 

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

8 exceed $150,000 may be used for certain confidential oper9 ational expenses, including the payment of informants, to 

10 be expended at the direction of the Inspector General: Pro11 vided, That the Inspector General shall investigate decisions 

12 made regarding, and the policy of the Federal Emergency 

13 Management Agency relating to, formaldehyde in trailers 

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

15 Emergency Management Agency for collecting, reporting, 

16 and responding to health and safety concerns of occupants 

17 of housing supplied by the Federal Emergency Management 

18 Agency (including such housing supplied through a third 

19 party), and whether the Federal Emergency Management 

20 Agency adequately addressed public health and safety issues 

21 of households to which the Federal Emergency Management 

22 Agency provides disaster housing (including whether the 

23 Federal Emergency Management Agency adequately noti24 fied recipients of such housing, as appropriate, of potential 

25 health and safety concerns and whether the institutional 


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1 culture of the Federal Emergency Management Agency 

2 properly prioritizes health and safety concerns of recipients 

3 of assistance from the Federal Emergency Management 

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

5 investigation, including any recommendations. 

6 TITLE II 

7 SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

8 U.S. CUSTOMS AND BORDER PROTECTION

9 SALARIES AND EXPENSES

10 For necessary expenses for enforcement of laws relating 

11 to border security, immigration, customs, and agricultural 

12 inspections and regulatory activities related to plant and 

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

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

15 with individuals for personal services abroad; 

16 $6,601,058,000; of which $230,316,000 shall remain avail17 able until September 30, 2009, to support software develop18 ment, equipment, contract services, and the implementation 

19 of inbound lanes and modification to vehicle primary proc20 essing lanes at ports of entry; of which $15,000,000 shall 

21 be used to procure commercially available technology in 

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

23 Department of Homeland Security to target and inspect 

24 cargo containers under the Secure Freight Initiative and 

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


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1 derived from the Harbor Maintenance Trust Fund for ad2 ministrative expenses related to the collection of the Harbor 

3 Maintenance Fee pursuant to section 9505(c)(3) of the In4 ternal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 

5 notwithstanding section 1511(e)(1) of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

7 $45,000 shall be for official reception and representation 

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

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

10 available in the Customs User Fee Account, except sums 

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

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

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

14 $150,000 shall be available for payment for rental space 

15 in connection with preclearance operations; of which 

16 $40,000,000 shall be utilized to develop and implement a 

17 Model Ports of Entry program and provide resources nec18 essary for 200 additional U.S. Customs and Border Protec19 tion officers at the 20 United States international airports 

20 that have the highest number of foreign visitors arriving 

21 annually as determined pursuant to the most recent data 

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

23 on the date of enactment of this Act, to provide a more effi24 cient and welcoming international arrival process in order 

25 to facilitate and promote business and leisure travel to the 


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1 United States while also improving security; and of which 

2 not to exceed $1,000,000 shall be for awards of compensa3 tion to informants, to be accounted for solely under the cer4 tificate of the Secretary of Homeland Security: Provided, 

5 That for fiscal year 2008, the overtime limitation prescribed 

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

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

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

9 by this Act may be available to compensate any employee 

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

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

12 except in individual cases determined by the Secretary of 

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

14 necessary for national security purposes, to prevent exces15 sive costs, or in cases of immigration emergencies. 

16 AUTOMATION MODERNIZATION

17 For expenses for customs and border protection auto18 mated systems, $476,609,000, to remain available until ex19 pended, of which not less than $316,969,000 shall be for 

20 the development of the Automated Commercial Environ21 ment: Provided, That of the total amount made available 

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

23 the Automated Commercial Environment until the Commit24 tees on Appropriations of the Senate and the House of Rep25 resentatives receive a plan for expenditure prepared by the 

26 Secretary of Homeland Security that includes: 


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

2 progress to date relative to system capabilities or serv3 ices, system performance levels, mission benefits and 

4 outcomes, milestones, cost targets, and program man5 agement capabilities; 

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

7 funds are to be obligated to meet future program com8 mitments, with the planned expenditure of funds 

9 linked to the milestone-based delivery of specific capa10 bilities, services, performance levels, mission benefits 

11 and outcomes, and program management capabilities; 

12 (3) a listing of all open Government Account13 ability Office and Office of Inspector General rec14 ommendations related to the program and the status 

15 of Department of Homeland Security actions to ad16 dress the recommendations, including milestones for 

17 fully addressing them; 

18 (4) a certification by the Chief Financial Officer 

19 of the Department that the program has been re20 viewed and approved in accordance with the invest21 ment management process of the Department, and 

22 that the process fulfills all capital planning and in23 vestment control requirements and reviews established 

24 by the Office of Management and Budget, including 

25 Circular A–11, part 7; 


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1 (5) a certification by the Chief Information Offi2 cer of the Department that an independent validation 

3 and verification agent has and will continue to ac4 tively review the program; 

5 (6) a certification by the Chief Information Offi6 cer of the Department that the system architecture of 

7 the program is sufficiently aligned with the informa8 tion systems enterprise architecture of the Department 

9 to minimize future rework, including a description of 

10 all aspects of the architectures that were and were not 

11 assessed in making the alignment determination, the 

12 date of the alignment determination, any known 

13 areas of misalignment along with the associated risks 

14 and corrective actions to address any such areas; 

15 (7) a certification by the Chief Procurement Offi16 cer of the Department that the plans for the program 

17 comply with the Federal acquisition rules, require18 ments, guidelines, and practices, and a description of 

19 the actions being taken to address areas of non-com20 pliance, the risks associated with them along with 

21 any plans for addressing these risks and the status of 

22 their implementation; 

23 (8) a certification by the Chief Information Offi24 cer of the Department that the program has a risk 

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1 ates, mitigates, and monitors risks throughout the sys2 tem life cycle, and communicates high-risk conditions 

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

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

5 to address them; and 

6 (9) a certification by the Chief Human Capital 

7 Officer of the Department that the human capital 

8 needs of the program are being strategically and 

9 proactively managed, and that current human capital 

10 capabilities are sufficient to execute the plans dis11 cussed in the report. 

12 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

13 TECHNOLOGY

14 For expenses for customs and border protection fenc15 ing, infrastructure, and technology, $1,000,000,000, to re16 main available until expended: Provided, That of the 

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

18 not be obligated until the Committees on Appropriations 

19 of the Senate and the House of Representatives receive and 

20 approve a plan for expenditure, prepared by the Secretary 

21 of Homeland Security and submitted within 90 days after 

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

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

24 progress to date relative to system capabilities or serv25 ices, system performance levels, mission benefits and 


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1 outcomes, milestones, cost targets, and program man2 agement capabilities; 

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

4 funds are to be obligated to meet future program com5 mitments, with the planned expenditure of funds 

6 linked to the milestone-based delivery of specific capa7 bilities, services, performance levels, mission benefits 

8 and outcomes, and program management capabilities; 

9 (3) a listing of all open Government Account10 ability Office and Office of Inspector General rec11 ommendations related to the program and the status 

12 of Department of Homeland Security actions to ad13 dress the recommendations, including milestones for 

14 fully addressing them; 

15 (4) a certification by the Chief Financial Officer 

16 of the Department that the program has been re17 viewed and approved in accordance with the invest18 ment management process of the Department, and 

19 that the process fulfills all capital planning and in20 vestment control requirements and reviews established 

21 by the Office of Management and Budget, including 

22 Circular A–11, part 7; 

23 (5) a certification by the Chief Information Offi24 cer of the Department that an independent validation 


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1 and verification agent has and will continue to ac2 tively review the program; 

3 (6) a certification by the Chief Information Offi4 cer of the Department that the system architecture of 

5 the program is sufficiently aligned with the informa6 tion systems enterprise architecture of the Department 

7 to minimize future rework, including a description of 

8 all aspects of the architectures that were and were not 

9 assessed in making the alignment determination, the 

10 date of the alignment determination, any known 

11 areas of misalignment along with the associated risks 

12 and corrective actions to address any such areas; 

13 (7) a certification by the Chief Procurement Offi14 cer of the Department that the plans for the program 

15 comply with the Federal acquisition rules, require16 ments, guidelines, and practices, and a description of 

17 the actions being taken to address areas of non-com18 pliance, the risks associated with them along with 

19 any plans for addressing these risks and the status of 

20 their implementation; 

21 (8) a certification by the Chief Information Offi22 cer of the Department that the program has a risk 

23 management process that regularly identifies, evalu24 ates, mitigates, and monitors risks throughout the sys25 tem life cycle, and communicates high-risk conditions 


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

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

3 to address them; 

4 (9) a certification by the Chief Human Capital 

5 Officer of the Department that the human capital 

6 needs of the program are being strategically and 

7 proactively managed, and that current human capital 

8 capabilities are sufficient to execute the plans dis9 cussed in the report; 

10 (10) a description of initial plans for securing 

11 the Northern border and United States maritime bor12 der; and 

13 (11) which is reviewed by the Government Ac14 countability Office. 

15 AIR AND MARINE INTERDICTION, OPERATIONS, 

16 MAINTENANCE, AND PROCUREMENT

17 For necessary expenses for the operations, mainte18 nance, and procurement of marine vessels, aircraft, un19 manned aircraft systems, and other related equipment of 

20 the air and marine program, including operational train21 ing and mission-related travel, and rental payments for fa22 cilities occupied by the air or marine interdiction and de23 mand reduction programs, the operations of which include 

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

25 the provision of support to Federal, State, and local agen26 cies in the enforcement or administration of laws enforced 


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1 by the Department of Homeland Security; and at the dis2 cretion of the Secretary of Homeland Security, the provi3 sion of assistance to Federal, State, and local agencies in 

4 other law enforcement and emergency humanitarian efforts, 

5 $488,947,000, to remain available until expended: Pro6 vided, That no aircraft or other related equipment, with 

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

8 been identified as excess to United States Customs and Bor9 der Protection requirements and aircraft that have been 

10 damaged beyond repair, shall be transferred to any other 

11 Federal agency, department, or office outside of the Depart12 ment of Homeland Security during fiscal year 2008 without 

13 the prior approval of the Committees on Appropriations of 

14 the Senate and the House of Representatives. 

15 CONSTRUCTION

16 For necessary expenses to plan, construct, renovate, 

17 equip, and maintain buildings and facilities necessary for 

18 the administration and enforcement of the laws relating to 

19 customs and immigration, $274,863,000, to remain avail20 able until expended; of which $40,200,000 shall be for the 

21 Advanced Training Center. 

22 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

23 SALARIES AND EXPENSES

24 For necessary expenses for enforcement of immigration 

25 and customs laws, detention and removals, and investiga26 tions; and purchase and lease of up to 3,790 (2,350 for reVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 placement only) police-type vehicles; $4,401,643,000, of 

2 which not to exceed $7,500,000 shall be available until ex3 pended for conducting special operations under section 3131 

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

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

6 and representation expenses; of which not to exceed 

7 $1,000,000 shall be for awards of compensation to inform8 ants, to be accounted for solely under the certificate of the 

9 Secretary of Homeland Security; of which not less than 

10 $102,000 shall be for promotion of public awareness of the 

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

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

13 shall be used to facilitate agreements consistent with section 

14 287(g) of the Immigration and Nationality Act (8 U.S.C. 

15 1357(g)); and of which not to exceed $11,216,000 shall be 

16 available to fund or reimburse other Federal agencies for 

17 the costs associated with the care, maintenance, and repa18 triation of smuggled illegal aliens: Provided, That none of 

19 the funds made available under this heading shall be avail20 able to compensate any employee for overtime in an annual 

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

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

23 waive that amount as necessary for national security pur24 poses and in cases of immigration emergencies: Provided 

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


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1 shall be for activities to enforce laws against forced child 

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

3 shall remain available until expended. 

4 FEDERAL PROTECTIVE SERVICE

5 The revenues and collections of security fees credited 

6 to this account shall be available until expended for nec7 essary expenses related to the protection of federally-owned 

8 and leased buildings and for the operations of the Federal 

9 Protective Service: Provided, That the Secretary of Home10 land Security and the Director of the Office of Management 

11 and Budget shall certify in writing to the Committees on 

12 Appropriations of the Senate and the House of Representa13 tives no later than November 1, 2007, that the operations 

14 of the Federal Protective Service will be fully funded in fis15 cal year 2008 through revenues and collection of security 

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

17 no later than February 10, 2008, for fiscal year 2009: Pro18 vided further, That the Secretary of Homeland Security 

19 shall ensure that the workforce of the Federal Protective 

20 Service includes not fewer than 1,200 Commanders, Police 

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

22 basis in protecting Federal buildings (under this heading 

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

24 of sufficient revenue in collections of security fees in this 

25 account for this purpose: Provided further, That the Sec26 retary of Homeland Security and the Director of the Office 


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1 of Management and Budget shall adjust fees as necessary 

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

3 Commanders, Police Officers, Inspectors, and Special 

4 Agents at the Federal Protective Service. 

5 AUTOMATION MODERNIZATION

6 For expenses of immigration and customs enforcement 

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

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

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

10 Committees on Appropriations of the Senate and the House 

11 of Representatives receive a plan for expenditure prepared 

12 by the Secretary of Homeland Security. 

13 CONSTRUCTION

14 For necessary expenses to plan, construct, renovate, 

15 equip, and maintain buildings and facilities necessary for 

16 the administration and enforcement of the laws relating to 

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

18 until expended. 

19 TRANSPORTATION SECURITY ADMINISTRATION

20 AVIATION SECURITY

21 For necessary expenses of the Transportation Security 

22 Administration related to providing civil aviation security 

23 services pursuant to the Aviation and Transportation Secu24 rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 

25 40101 note), $5,042,559,000, to remain available until Sep26 tember 30, 2009, of which not to exceed $10,000 shall be 


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1 for official reception and representation expenses: Provided, 

2 That of the total amount made available under this head3 ing, not to exceed $4,074,889,000 shall be for screening oper4 ations, of which $529,400,000 shall be available only for 

5 procurement and installation of checked baggage explosive 

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

7 for aviation security direction and enforcement: Provided 

8 further, That security service fees authorized under section 

9 44940 of title 49, United States Code, shall be credited to 

10 this appropriation as offsetting collections and shall be 

11 available only for aviation security: Provided further, That 

12 the sum herein appropriated from the General Fund shall 

13 be reduced on a dollar-for-dollar basis as such offsetting col14 lections are received during fiscal year 2008, so as to result 

15 in a final fiscal year appropriation from the General Fund 

16 estimated at not more than $2,332,344,000: Provided fur17 ther, That any security service fees collected in excess of the 

18 amount made available under this heading shall become 

19 available during fiscal year 2009: Provided further, That 

20 Members of the United States House of Representatives and 

21 United States Senate, including the leadership; and the 

22 heads of Federal agencies and commissions, including the 

23 Secretary, Under Secretaries, and Assistant Secretaries of 

24 the Department of Homeland Security; the United States 

25 Attorney General and Assistant Attorneys General and the 


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1 United States attorneys; and senior members of the Execu2 tive Office of the President, including the Director of the 

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

4 Federal passenger and baggage screening. 

5 SURFACE TRANSPORTATION SECURITY

6 For necessary expenses of the Transportation Security 

7 Administration related to providing surface transportation 

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

9 September 30, 2009. 

10 TRANSPORTATION THREAT ASSESSMENT AND

11 CREDENTIALING

12 For necessary expenses for the development and imple13 mentation of screening programs of the Office of Transpor14 tation Threat Assessment and Credentialing, $67,490,000, 

15 to remain available until September 30, 2009. 

16 TRANSPORTATION SECURITY SUPPORT

17 For necessary expenses of the Transportation Security 

18 Administration related to providing transportation secu19 rity support and intelligence pursuant to the Aviation and 

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

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

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

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

24 not be obligated until the Secretary of Homeland Security 

25 submits to the Committees on Appropriations of the Senate 

26 and the House of Representatives a strategic plan required 


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1 for checkpoint technologies as described in the joint explana2 tory statement of managers accompanying the fiscal year 

3 2007 conference report (H. Rept. 109–699): Provided fur4 ther, That this plan shall be submitted no later than 60 

5 days after the date of enactment of this Act. 

6 FEDERAL AIR MARSHALS

7 For necessary expenses of the Federal Air Marshals, 

8 $722,000,000. 

9 UNITED STATES COAST GUARD

10 OPERATING EXPENSES

11 For necessary expenses for the operation and mainte12 nance of the United States Coast Guard not otherwise pro13 vided for; purchase or lease of not to exceed 25 passenger 

14 motor vehicles, which shall be for replacement only; pay15 ments pursuant to section 156 of Public Law 97–377 (42 

16 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel17 fare; $5,930,545,000, of which $340,000,000 shall be for de18 fense-related activities; of which $24,500,000 shall be de19 rived from the Oil Spill Liability Trust Fund to carry out 

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

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

22 $10,000 shall be for official reception and representation 

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

24 by this or any other Act shall be available for administra25 tive expenses in connection with shipping commissioners in 

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


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1 made available by this Act shall be for expenses incurred 

2 for yacht documentation under section 12109 of title 46, 

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

4 from yacht owners and credited to this appropriation. 

5 ENVIRONMENTAL COMPLIANCE AND RESTORATION

6 For necessary expenses to carry out the environmental 

7 compliance and restoration functions of the United States 

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

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

10 RESERVE TRAINING

11 For necessary expenses of the Coast Guard Reserve, as 

12 authorized by law; operations and maintenance of the re13 serve program; personnel and training costs; and equipment 

14 and services; $126,883,000. 

15 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

16 (INCLUDING RESCISSIONS OF FUNDS)

17 For necessary expenses of acquisition, construction, 

18 renovation, and improvement of aids to navigation, shore 

19 facilities, vessels, and aircraft, including equipment related 

20 thereto; and maintenance, rehabilitation, lease and oper21 ation of facilities and equipment, as authorized by law; 

22 $1,048,068,000, of which $20,000,000 shall be derived from 

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

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

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

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


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

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

3 2010, for other equipment; of which $37,897,000 shall be 

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

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

6 available for personnel related costs; and of which 

7 $770,079,000 shall be available until September 30, 2012, 

8 for the Integrated Deepwater Systems program: Provided, 

9 That no funds shall be available for procurements related 

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

11 Integrated Deepwater Systems program not already under 

12 contract until an Alternatives Analysis has been completed 

13 by an independent qualified third party: Provided further, 

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

15 procurement of the third National Security Cutter until an 

16 Alternatives Analysis has been completed by an independent 

17 qualified third party: Provided further, That the Com18 mandant of the Coast Guard is authorized to dispose of sur19 plus real property, by sale or lease, and the proceeds shall 

20 be credited to this appropriation as offsetting collections 

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

22 further, That of amounts made available under this heading 

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

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

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


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1 $8,000,000 for the Fast Response Cutter (FRC–A) are re2 scinded: Provided further, That the Secretary shall submit 

3 an expenditure plan to the Committees on Appropriations 

4 of the Senate and the House of Representatives within 60 

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

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

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

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

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

10 managers and of procurement and contract staff; (3) in11 cludes a certification by the Chief Human Capital Officer 

12 of the Department that current human capital capabilities 

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

14 (4) identifies individual project balances by fiscal year, in15 cluding planned carryover into fiscal year 2009 by project; 

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

17 an explanation of how funds provided in this Act address 

18 the shortfalls between current operational capabilities and 

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

20 Accountability Office and Office of Inspector General rec21 ommendations related to the program and the status of 

22 Coast Guard actions to address the recommendations, in23 cluding milestones for fully addressing them; (7) includes 

24 a certification by the Chief Financial Officer of the Depart25 ment that the program has been reviewed and approved in 


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1 accordance with the investment management process of the 

2 Department, and that the process fulfills all capital plan3 ning and investment control requirements and reviews es4 tablished by the Office of Management and Budget, includ5 ing Circular A–11, part 7; (8) identifies competition to be 

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

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

8 the Chief Procurement Officer of the Department that the 

9 plans for the program comply with the Federal acquisition 

10 rules, requirements, guidelines, and practices, and a de11 scription of the actions being taken to address areas of non12 compliance, the risks associated with them along with plans 

13 for addressing these risks and the status of their implemen14 tation; (10) identifies the use of independent validation and 

15 verification; and (11) is reviewed by the Government Ac16 countability Office: Provided further, That the Secretary of 

17 Homeland Security shall submit to the Committees on Ap18 propriations of the Senate and the House of Representa19 tives, in conjunction with the President’s fiscal year 2009 

20 budget, a review of the Revised Deepwater Implementation 

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

22 year; an annual performance comparison of Deepwater as23 sets to pre-Deepwater legacy assets; a status report of legacy 

24 assets; a detailed explanation of how the costs of legacy as25 sets are being accounted for within the Deepwater program; 


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1 and the earned value management system gold card data 

2 for each Deepwater asset: Provided further, That the Sec3 retary shall submit to the Committees on Appropriations 

4 of the Senate and the House of Representatives a com5 prehensive review of the Revised Deepwater Implementation 

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

7 includes a complete projection of the acquisition costs and 

8 schedule for the duration of the plan through fiscal year 

9 2027: Provided further, That the Secretary shall annually 

10 submit to the Committees on Appropriations of the Senate 

11 and the House of Representatives, at the time that the Presi12 dent’s budget is submitted under section 1105(a) of title 31, 

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

14 for the Coast Guard that identifies for each capital budget 

15 line item— 

16 (1) the proposed appropriation included in that 

17 budget; 

18 (2) the total estimated cost of completion; 

19 (3) projected funding levels for each fiscal year 

20 for the next five fiscal years or until project comple21 tion, whichever is earlier; 

22 (4) an estimated completion date at the projected 

23 funding levels; and 

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

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1 vious future-years capital investment plans submitted 

2 to the Committees on Appropriations of the Senate 

3 and the House of Representatives: 

4 Provided further, That the Secretary shall ensure that 

5 amounts specified in the future-years capital investment 

6 plan are consistent to the maximum extent practicable with 

7 proposed appropriations necessary to support the programs, 

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

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

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

11 That any inconsistencies between the capital investment 

12 plan and proposed appropriations shall be identified and 

13 justified. 

14 ALTERATION OF BRIDGES

15 For necessary expenses for alteration or removal of ob16 structive bridges, as authorized by section 6 of the Truman17 Hobbs Act (33 U.S.C. 516), $16,000,000, to remain avail18 able until expended. 

19 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

20 For necessary expenses for applied scientific research, 

21 development, test, and evaluation; and for maintenance, re22 habilitation, lease, and operation of facilities and equip23 ment; as authorized by law; $25,583,000, to remain avail24 able until expended, of which $500,000 shall be derived from 

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

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


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

2 to and used for the purposes of this appropriation funds 

3 received from State and local governments, other public au4 thorities, private sources, and foreign countries for expenses 

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

6 RETIRED PAY

7 For retired pay, including the payment of obligations 

8 otherwise chargeable to lapsed appropriations for this pur9 pose, payments under the Retired Serviceman’s Family 

10 Protection and Survivor Benefits Plans, payment for career 

11 status bonuses, concurrent receipts and combat-related spe12 cial compensation under the National Defense Authoriza13 tion Act, and payments for medical care of retired per14 sonnel and their dependents under chapter 55 of title 10, 

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

16 until expended. 

17 UNITED STATES SECRET SERVICE

18 SALARIES AND EXPENSES

19 For necessary expenses of the United States Secret 

20 Service, including purchase of not to exceed 645 vehicles 

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

22 hire of passenger motor vehicles; purchase of motorcycles 

23 made in the United States; hire of aircraft; services of ex24 pert witnesses at such rates as may be determined by the 

25 Director of the Secret Service; rental of buildings in the Dis26 trict of Columbia, and fencing, lighting, guard booths, and 


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1 other facilities on private or other property not in Govern2 ment ownership or control, as may be necessary to perform 

3 protective functions; payment of per diem or subsistence al4 lowances to employees where a protective assignment during 

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

6 an employee to work 16 hours per day or to remain over7 night at a post of duty; conduct of and participation in 

8 firearms matches; presentation of awards; travel of Secret 

9 Service employees on protective missions without regard to 

10 the limitations on such expenditures in this or any other 

11 Act if approval is obtained in advance from the Committees 

12 on Appropriations of the Senate and the House of Rep13 resentatives; research and development; grants to conduct 

14 behavioral research in support of protective research and 

15 operations; and payment in advance for commercial accom16 modations as may be necessary to perform protective func17 tions; $1,392,171,000, of which not to exceed $25,000 shall 

18 be for official reception and representation expenses; of 

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

20 assistance and equipment to foreign law enforcement orga21 nizations in counterfeit investigations; of which $2,366,000 

22 shall be for forensic and related support of investigations 

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

24 shall be a grant for activities related to the investigations 

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1 able until expended: Provided, That up to $18,000,000 pro2 vided for protective travel shall remain available until Sep3 tember 30, 2009: Provided further, That the United States 

4 Secret Service is authorized to obligate funds in anticipa5 tion of reimbursements from Federal agencies and entities, 

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

7 receiving training sponsored by the James J. Rowley 

8 Training Center, except that total obligations at the end 

9 of the fiscal year shall not exceed total budgetary resources 

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

11 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

12 RELATED EXPENSES

13 For necessary expenses for acquisition, construction, 

14 repair, alteration, and improvement of facilities, 

15 $3,725,000, to remain available until expended. 

16 TITLE III 

17 PROTECTION, PREPAREDNESS, RESPONSE, AND 

18 RECOVERY 

19 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

20 MANAGEMENT AND ADMINISTRATION

21 For salaries and expenses of the immediate Office of 

22 the Under Secretary for National Protection and Programs, 

23 the National Protection Planning Office, support services 

24 for business operations and information technology, and fa25 cility costs, $30,000,000: Provided, That of the amount pro26 vided, $15,000,000 shall not be obligated until the CommitVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 tees on Appropriations of the Senate and the House of Rep2 resentatives receive and approve in full an expenditure plan 

3 by program, project, and activity; prepared by the Sec4 retary of Homeland Security that has been reviewed by the 

5 Government Accountability Office. 

6 INFRASTRUCTURE PROTECTION AND INFORMATION

7 SECURITY

8 For necessary expenses for infrastructure protection 

9 and information security programs and activities, as au10 thorized by title II of the Homeland Security Act of 2002 

11 (6 U.S.C. 121 et seq.) or subtitle J of title VIII of the Home12 land Security Act of 2002, as added by this Act, 

13 $527,099,000, of which $497,099,000 shall remain available 

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

15 be to carry out subtitle J of title VIII of the Homeland Secu16 rity Act of 2002, as added by this Act: Provided, That 

17 $10,043,000 shall be for the Office of Bombing Prevention 

18 and not more than $26,100,000 shall be for the Next Gen19 eration Network. 

20 UNITED STATES VISITOR AND IMMIGRANT STATUS

21 INDICATOR TECHNOLOGY

22 For necessary expenses for the development of the 

23 United States Visitor and Immigrant Status Indicator 

24 Technology project, as authorized by section 110 of the Ille25 gal Immigration Reform and Immigrant Responsibility Act 

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1 able until expended: Provided, That of the total amount 

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

3 be obligated for the United States Visitor and Immigrant 

4 Status Indicator Technology project until the Committees 

5 on Appropriations of the Senate and the House of Rep6 resentatives receive and approve a plan for expenditure pre7 pared by the Secretary of Homeland Security that includes: 

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

9 progress to date relative to system capabilities or serv10 ices, system performance levels, mission benefits and 

11 outcomes, milestones, cost targets, and program man12 agement capabilities; 

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

14 funds are to be obligated to meet future program com15 mitments, with the planned expenditure of funds 

16 linked to the milestone-based delivery of specific capa17 bilities, services, performance levels, mission benefits 

18 and outcomes, and program management capabilities; 

19 (3) a listing of all open Government Account20 ability Office and Office of Inspector General rec21 ommendations related to the program and the status 

22 of Department of Homeland Security actions to ad23 dress the recommendations, including milestones for 

24 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 

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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; 

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; and 

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

22 OFFICE OF HEALTH AFFAIRS

23 For the necessary expenses of the Office of Health Af24 fairs, $115,000,000; of which $20,817,000 is for salaries and 

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


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1 biowatch, chemical response, and related activities for the 

2 Department of Homeland Security, to remain available 

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

4 $3,000 shall be for official reception and representation ex5 penses. 

6 FEDERAL EMERGENCY MANAGEMENT AGENCY

7 MANAGEMENT AND ADMINISTRATION

8 For necessary expenses for management and adminis9 tration, $678,600,000, including activities authorized by 

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

11 et seq.), the Robert T. Stafford Disaster Relief and Emer12 gency Assistance Act (42 U.S.C. 5121 et seq.), the Earth13 quake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et 

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

15 2061 et seq.), sections 107 and 303 of the National Security 

16 Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 

17 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 

18 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina Emer19 gency Management Reform Act of 2006 (Public Law 109– 

20 295; 120 Stat. 1394): Provided, That not to exceed $3,000 

21 shall be for official reception and representation expenses: 

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

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

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

25 shall be for the Office of the National Capital Region CoVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 ordination: Provided further, That for purposes of plan2 ning, coordination, execution, and decisionmaking related 

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

4 State of West Virginia and the Commonwealth of Pennsyl5 vania, or their designees, shall be incorporated into efforts 

6 to integrate the activities of Federal, State, and local gov7 ernments in the National Capital Region, as defined in sec8 tion 882 of Public Law 107–296, the Homeland Security 

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

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

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

12 $1,600,000 may be made available for administrative costs: 

13 Provided further, That of the total amount made available 

14 under this heading, $1,000,000 shall be to develop a web15 based version of the National Fire Incident Reporting Sys16 tem that will ensure that fire-related data can be submitted 

17 and accessed by fire departments in real time: Provided fur18 ther, That not later than 30 days after the date of enactment 

19 of this Act, the Administrator of the Federal Emergency 

20 Management Agency shall, as appropriate, update training 

21 practices for all customer service employees, employees in 

22 the Office of General Counsel, and other appropriate em23 ployees of the Federal Emergency Management Agency re24 lating to addressing health concerns of recipients of assist25 ance from the Federal Emergency Management Agency. 


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1 STATE AND LOCAL PROGRAMS

2 For grants, contracts, cooperative agreements, and 

3 other activities, including grants to State and local govern4 ments for terrorism prevention activities, notwithstanding 

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

6 allocated as follows: 

7 (1) $525,000,000 for formula-based grants and 

8 $375,000,000 for law enforcement terrorism preven9 tion grants, to be allocated in accordance with section 

10 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): 

11 Provided, That not to exceed 3 percent of these 

12 amounts shall be available for program administra13 tion: Provided further, That the application for 

14 grants shall be made available to States within 45 

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

16 States shall submit applications within 90 days after 

17 the grant announcement; and the Federal Emergency 

18 Management Agency shall act within 90 days after 

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

20 the event established timeframes detailed in the pre21 ceding proviso for departmental actions are missed, 

22 funding for the Immediate Office of the Deputy Sec23 retary shall be reduced by $1,000 per day until such 

24 actions are executed: Provided further, That not less 

25 than 80 percent of any grant under this paragraph 


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

2 local governments within 60 days after the receipt of 

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

4 less than 50 percent of any grant under this para5 graph shall be made available to local governments 

6 within 60 days after the receipt of the funds. 

7 (2) $1,836,000,000 for discretionary grants, as 

8 determined by the Secretary of Homeland Security, of 

9 which— 

10 (A) $820,000,000 shall be for use in high11 threat, high-density urban areas, of which 

12 $20,000,000 shall be available for assistance to 

13 organizations (as described under section 

14 501(c)(3) of the Internal Revenue Code of 1986 

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

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

17 a terrorist attack; 

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

19 Catastrophic Preparedness Grants; 

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

21 protection grants related to port security pursu22 ant to 46 U.S.C. 70107; 

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

24 protection grants related to trucking industry se25 curity; 


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

2 protection grants related to intercity bus secu3 rity; 

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

5 protection grants related to intercity rail pas6 senger transportation (as defined in section 

7 24102 of title 49, United States Code), freight 

8 rail, and transit security; 

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

10 protection grants related to buffer zone protec11 tion; 

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

13 Commercial Equipment Direct Assistance Pro14 gram; 

15 (I) $33,000,000 shall be for the Metropoli16 tan Medical Response System; and 

17 (J) $15,000,000 shall be for Citizens Corps: 

18 Provided, That not to exceed 3 percent of subpara19 graphs (A)–(J) shall be available for program admin20 istration: Provided further, That for grants under 

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

22 grants shall be made available to States within 45 

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

24 States shall submit applications within 90 days after 

25 the grant announcement; and that the Federal EmerVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 gency Management Agency shall act within 90 days 

2 after receipt of an application: Provided further, 

3 That, in the event established timeframes detailed in 

4 the preceding proviso for departmental actions are 

5 missed, funding for the Immediate Office of the Dep6 uty Secretary shall be reduced by $1,000 per day 

7 until such actions are executed: Provided further, 

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

9 paragraph to a State shall be made available by the 

10 State to local governments within 60 days after the 

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

12 under subparagraphs (C) through (G), the applica13 tions for such grants shall be made available to eligi14 ble applicants not later than 75 days after the date 

15 of enactment of this Act, eligible applicants shall sub16 mit applications not later than 45 days after the date 

17 of the grant announcement, and the Federal Emer18 gency Management Agency shall act on such applica19 tions not later than 60 days after the date on which 

20 such an application is received: Provided further, 

21 That, in the event established timeframes detailed in 

22 the preceding proviso for departmental actions are 

23 missed, funding for the Immediate Office of the Dep24 uty Secretary shall be reduced by $1,000 per day 

25 until such actions are executed. 


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1 (3) $294,500,000 for training, exercises, technical 

2 assistance, and other programs. 

3 (4) $100,000,000 for grants under the Interoper4 able Emergency Communications Grants Program es5 tablished under title XVIII of the Homeland Security 

6 Act of 2002: Provided, That the amounts appro7 priated to the Department of Homeland Security for 

8 discretionary spending in this Act shall be reduced on 

9 a pro rata basis by the percentage necessary to reduce 

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

11 Provided further, That none of the grants provided under 

12 this heading shall be used for the construction or renovation 

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

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

15 Secretary of Homeland Security: Provided further, That the 

16 preceding proviso shall not apply to grants under subpara17 graphs (B), (C), (F), and (G) of paragraph (2) of this head18 ing: Provided further, That funds appropriated for law en19 forcement terrorism prevention grants under paragraph (1) 

20 of this heading and discretionary grants under paragraph 

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

22 costs, to include personnel overtime and overtime associated 

23 with the Federal Emergency Management Agency certified 

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

25 Accountability Office shall report on the validity, relevance, 


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1 reliability, timeliness, and availability of the risk factors 

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

3 the Secretary of Homeland Security and an analysis of the 

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

5 grantees by tiered groups, for the purpose of allocating 

6 grants funded under this heading, and the application of 

7 those factors in the allocation of funds to the Committees 

8 on Appropriations of the Senate and the House of Rep9 resentatives on its findings not later than 45 days after the 

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

11 seven days after the date of enactment of this Act, the Sec12 retary of Homeland Security shall provide the Government 

13 Accountability Office with the risk methodology and other 

14 factors that will be used to allocate grants funded under 

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

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

17 of the Federal Emergency Management Agency shall submit 

18 to the Committee on Appropriations and the Committee on 

19 Homeland Security and Governmental Affairs of the Senate 

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

21 any actions the Administrator will take, regarding the re22 sponse of the Federal Emergency Management Agency to 

23 concerns over formaldehyde exposure, which shall include 

24 a description of any disciplinary or other personnel actions 

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


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1 potential health hazards posed by any materials provided 

2 by the Federal Emergency Management Agency (including 

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

4 of any additional resources needed to implement such pol5 icy: Provided further, That the Administrator of the Federal 

6 Emergency Management Agency, in conjunction with the 

7 head of the Office of Health Affairs of the Department of 

8 Homeland Security, the Director of the Centers for Disease 

9 Control and Prevention, and the Administrator of the Envi10 ronmental Protection Agency, shall design a program to sci11 entifically test a representative sample of travel trailers and 

12 mobile homes provided by the Federal Emergency Manage13 ment Agency, and surplus travel trailers and mobile homes 

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

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

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

17 this Act, submit to the Committee on Appropriations and 

18 the Committee on Homeland Security and Governmental 

19 Affairs of the Senate a report regarding the program de20 signed, including a description of the design of the testing 

21 program and the quantity of and conditions under which 

22 trailers and mobile homes shall be tested and the justifica23 tion for such design of the testing: Provided further, That 

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

25 the testing program designed under the previous proviso 


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

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

3 45 days after the date of enactment of this Act, the Adminis4 trator of the Federal Emergency Management Agency, in 

5 conjunction with the head of the Office of Health Affairs 

6 of the Department of Homeland Security, the Director of 

7 the Centers for Disease Control and Prevention, and the Ad8 ministrator of the Environmental Protection Agency, shall, 

9 at a minimum, complete the initial short-term testing de10 scribed in the previous proviso: Provided further, That, to 

11 the extent feasible, the Administrator of the Federal Emer12 gency Management Agency shall use a qualified contractor 

13 residing or doing business primarily in the Gulf Coast Area 

14 to carry out the testing program designed under this head15 ing: Provided further, That, not later than 30 days after 

16 the date that the Administrator of the Federal Emergency 

17 Management Agency completes the short-term testing under 

18 this heading, the Administrator of the Federal Emergency 

19 Management Agency, in conjunction with the head of the 

20 Office of Health Affairs of the Department of Homeland Se21 curity, the Director of the Centers for Disease Control and 

22 Prevention, and the Administrator of the Environmental 

23 Protection Agency, shall submit to the Committee on Appro24 priations and the Committee on Homeland Security and 

25 Governmental Affairs of the Senate a report describing the 


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

2 assessment of whether there are any health risks associated 

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

4 and detailing the plans of the Administrator of the Federal 

5 Emergency Management Agency to act on the results of the 

6 testing, including any need to relocate individuals living 

7 in the trailers or mobile homes provided by the Federal 

8 Emergency Management Agency or otherwise assist indi9 viduals affected by the results, plans for the sale or transfer 

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

11 coordination with the Administrator of General Services), 

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

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

14 Administrator of the Federal Emergency Management 

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

16 Affairs of the Department of Homeland Security, the Direc17 tor of the Centers for Disease Control and Prevention, and 

18 the Administrator of the Environmental Protection Agency, 

19 shall submit to the Committee on Appropriations and the 

20 Committee on Homeland Security and Governmental Af21 fairs of the Senate a report describing the results of the test22 ing, analyzing such results, providing an assessment of 

23 whether any health risks are associated with the results and 

24 the nature of any such health risks, incorporating any addi25 tional relevant information from the shorter-term testing 


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1 completed under this heading, and detailing the plans and 

2 recommendations of the Administrator of the Federal Emer3 gency Management Agency to act on the results of the test4 ing. 

5 FIREFIGHTER ASSISTANCE GRANTS

6 For necessary expenses for programs authorized by the 

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

8 2201 et seq.), $700,000,000: Provided, That not to exceed 

9 five percent of this amount shall be available for program 

10 administration: Provided further, That funds shall be allo11 cated as follows: (1) $560,000,000 shall be available to carry 

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

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

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

15 U.S.C. 2229a). 

16 EMERGENCY MANAGEMENTPERFORMANCE GRANTS

17 For necessary expenses for emergency management 

18 performance grants, as authorized by the National Flood 

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

20 T. Stafford Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc22 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza23 tion Plan No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Pro24 vided, That total administrative costs shall not exceed three 

25 percent of the total appropriation. 


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1 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

2 The aggregate charges assessed during fiscal year 2008, 

3 as authorized in title III of the Departments of Veterans 

4 Affairs and Housing and Urban Development, and Inde5 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

6 5196e), shall not be less than 100 percent of the amounts 

7 anticipated by the Department of Homeland Security nec8 essary for its radiological emergency preparedness program 

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

10 assessment and collection of fees shall be fair and equitable 

11 and shall reflect costs of providing such services, including 

12 administrative costs of collecting such fees: Provided fur13 ther, That fees received under this heading shall be deposited 

14 in this account as offsetting collections and will become 

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

16 remain available until expended. 

17 UNITED STATES FIRE ADMINISTRATION

18 For necessary expenses of the United States Fire Ad19 ministration, as authorized by the Federal Fire Prevention 

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

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

22 $43,300,000. 

23 DISASTER RELIEF

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses in carrying out the Robert T. 

26 Stafford Disaster Relief and Emergency Assistance Act (42 


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

2 until expended: Provided, That of the total amount pro3 vided, $13,500,000 shall be transferred to the Department 

4 of Homeland Security Office of Inspector General for audits 

5 and investigations related to disasters, subject to section 503 

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

7 250 positions may be transferred to ‘‘Management and Ad8 ministration’’, Federal Emergency Management Agency, for 

9 management and administration functions, subject to sec10 tion 503 of this Act. 

11 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

12 For activities under section 319 of the Robert T. Staf13 ford Disaster Relief and Emergency Assistance Act (42 

14 U.S.C. 5162), $875,000, of which $580,000 is for adminis15 trative expenses to carry out the direct loan program and 

16 $295,000 is for the cost of direct loans: Provided, That gross 

17 obligations for the principal amount of direct loans shall 

18 not exceed $25,000,000: Provided further, That the cost of 

19 modifying such loans shall be as defined in section 502 of 

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

21 FLOOD MAP MODERNIZATION FUND

22 For necessary expenses under section 1360 of the Na23 tional Flood Insurance Act of 1968 (42 U.S.C. 4101), 

24 $200,000,000, and such additional sums as may be pro25 vided by State and local governments or other political sub26 divisions for cost-shared mapping activities under section 


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1 1360(f)(2) of such Act, to remain available until expended: 

2 Provided, That total administrative costs shall not exceed 

3 three percent of the total appropriation. 

4 NATIONAL FLOOD INSURANCE FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For activities under the National Flood Insurance Act 

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

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

9 $145,000,000, which is available as follows: (1) not to ex10 ceed $45,642,000 for salaries and expenses associated with 

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

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

13 which shall be derived from offsetting collections assessed 

14 and collected under section 1307 of the National Flood In15 surance Act of 1968 (42 U.S.C. 4001 et seq.), to remain 

16 available until September 30, 2009, including up to 

17 $34,000,000 for flood mitigation expenses under section 

18 1366 of that Act, which amount shall be available for trans19 fer to the National Flood Mitigation Fund until September 

20 30, 2009: Provided, That in fiscal year 2008, no funds shall 

21 be available from the National Flood Insurance Fund in 

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

23 $773,772,000 for commissions and taxes of agents; (3) such 

24 sums as are necessary for interest on Treasury borrowings; 

25 and (4) $90,000,000 for flood mitigation actions with re26 spect to severe repetitive loss properties under section 1361A 


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

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

3 4030), which shall remain available until expended: Pro4 vided further, That total administrative costs shall not ex5 ceed four percent of the total appropriation. 

6 NATIONAL FLOOD MITIGATION FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 Notwithstanding subparagraphs (B) and (C) of sub9 section (b)(3), and subsection (f), of section 1366 of the Na10 tional Flood Insurance Act of 1968, $34,000,000 (42 U.S.C. 

11 4104c), to remain available until September 30, 2009, for 

12 activities designed to reduce the risk of flood damage to 

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

14 be derived from the National Flood Insurance Fund. 

15 NATIONAL PRE-DISASTER MITIGATION FUND

16 For a pre-disaster mitigation grant program under 

17 title II of the Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5131 et seq.), $120,000,000, 

19 to remain available until expended: Provided, That grants 

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

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

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

23 total administrative costs shall not exceed three percent of 

24 the total appropriation. 


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1 EMERGENCY FOOD AND SHELTER

2 To carry out an emergency food and shelter program 

3 pursuant to title III of the McKinney-Vento Homeless As4 sistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to re5 main available until expended: Provided, That total admin6 istrative costs shall not exceed 3.5 percent of the total appro7 priation. 

8 TITLE IV 

9 RESEARCH AND DEVELOPMENT, TRAINING, AND 

10 SERVICES 

11 UNITED STATES CITIZENSHIP AND IMMIGRATION

12 SERVICES

13 For necessary expenses for citizenship and immigra14 tion services, $50,523,000: Provided, That of the total, 

15 $20,000,000 provided to address backlogs of security checks 

16 associated with pending applications and petitions shall 

17 not be available for obligation until the Secretary of Home18 land Security and the United States Attorney General sub19 mit to the Committees on Appropriations of the Senate and 

20 the House of Representatives a plan to eliminate the backlog 

21 of security checks that establishes information sharing pro22 tocols to ensure United States Citizenship and Immigration 

23 Services has the information it needs to carry out its mis24 sion. 


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1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Law Enforce4 ment Training Center, including materials and support 

5 costs of Federal law enforcement basic training; purchase 

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

7 of passenger motor vehicles; expenses for student athletic 

8 and related activities; the conduct of and participation in 

9 firearms matches and presentation of awards; public aware10 ness and enhancement of community support of law enforce11 ment training; room and board for student interns; a flat 

12 monthly reimbursement to employees authorized to use per13 sonal mobile phones for official duties; and services as au14 thorized by section 3109 of title 5, United States Code; 

15 $221,076,000, of which up to $43,910,000 for materials and 

16 support costs of Federal law enforcement basic training 

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

18 $300,000 shall remain available until expended for Federal 

19 law enforcement agencies participating in training accredi20 tation, to be distributed as determined by the Federal Law 

21 Enforcement Training Center for the needs of participating 

22 agencies; and of which not to exceed $12,000 shall be for 

23 official reception and representation expenses: Provided, 

24 That the Center is authorized to obligate funds in anticipa25 tion of reimbursements from agencies receiving training 


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

2 end of the fiscal year shall not exceed total budgetary re3 sources available at the end of the fiscal year: Provided fur4 ther, That section 1202(a) of Public Law 107–206 (42 

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

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

7 2007’’ and inserting ‘‘December 31, 2011’’. 

8 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

9 RELATED EXPENSES

10 For acquisition of necessary additional real property 

11 and facilities, construction, and ongoing maintenance, fa12 cility improvements, and related expenses of the Federal 

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

14 available until expended: Provided, That the Center is au15 thorized to accept reimbursement to this appropriation 

16 from government agencies requesting the construction of 

17 special use facilities. 

18 SCIENCE AND TECHNOLOGY

19 MANAGEMENT AND ADMINISTRATION

20 For salaries and expenses of the Office of the Under 

21 Secretary for Science and Technology and for management 

22 and administration of programs and activities, as author23 ized by title III of the Homeland Security Act of 2002 (6 

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

25 exceed $3,000 shall be for official reception and representa26 tion expenses. 


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1 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

2 For necessary expenses for science and technology re3 search, including advanced research projects; development; 

4 test and evaluation; acquisition; and operations; as author5 ized by title III of the Homeland Security Act of 2002 (6 

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

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

8 expenses of the field laboratories and assets of the Science 

9 and Technology Directorate. 

10 DOMESTIC NUCLEAR DETECTION OFFICE

11 MANAGEMENT AND ADMINISTRATION

12 For salaries and expenses of the Domestic Nuclear De13 tection Office and for management and administration of 

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

15 to exceed $3,000 shall be for official reception and represen16 tation expenses. 

17 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

18 For necessary expenses for radiological and nuclear re19 search, development, testing, evaluation and operations, 

20 $336,000,000, to remain available until expended, of which 

21 $10,000,000 shall be available to support the implementa22 tion of the Securing the Cities initiative at the level re23 quested in the President’s budget. 

24 SYSTEMS ACQUISITION

25 For expenses for the Domestic Nuclear Detection Office 

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1 tems in accordance with the global nuclear detection archi2 tecture, $182,000,000, to remain available until September 

3 30, 2010, of which $30,000,000 shall be available to support 

4 the implementation of the Securing the Cities initiative at 

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

6 none of the funds appropriated under this heading shall be 

7 obligated for full-scale procurement of Advanced 

8 Spectroscopic Portal Monitors until the Secretary of Home9 land Security has certified through a report to the Commit10 tees on Appropriations of the Senate and the House of Rep11 resentatives that a significant increase in operational effec12 tiveness will be achieved. 

13 TITLE V 

14 GENERAL PROVISIONS 

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

16 this Act shall remain available for obligation beyond the 

17 current fiscal year unless expressly so provided herein. 

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

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

20 296. 

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

22 provided by previous appropriations Acts to the agencies 

23 in or transferred to the Department of Homeland Security 

24 that remain available for obligation or expenditure in fiscal 

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


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1 of the United States derived by the collection of fees avail2 able to the agencies funded by this Act, shall be available 

3 for obligation or expenditure through a reprogramming of 

4 funds that: (1) creates a new program; (2) eliminates a pro5 gram, project, or activity; (3) increases funds for any pro6 gram, project, or activity for which funds have been denied 

7 or restricted by the Congress; (4) proposes to use funds di8 rected for a specific activity by either of the Committees 

9 on Appropriations of the Senate or the House of Represent10 atives for a different purpose; or (5) contracts out any func11 tion or activity for which funding levels were requested for 

12 Federal full-time equivalents in the object classification ta13 bles contained in the fiscal year 2008 Budget Appendix for 

14 the Department of Homeland Security, as modified by the 

15 joint explanatory statement accompanying this Act; unless 

16 the Committees on Appropriations of the Senate and the 

17 House of Representatives are notified 15 days in advance 

18 of such reprogramming of funds. 

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

20 by previous appropriations Acts to the agencies in or trans21 ferred to the Department of Homeland Security that remain 

22 available for obligation or expenditure in fiscal year 2008, 

23 or provided from any accounts in the Treasury of the 

24 United States derived by the collection of fees available to 

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1 tion or expenditure for programs, projects, or activities 

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

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

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

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

6 numbers of personnel by 10 percent as approved by the Con7 gress; or (3) results from any general savings from a reduc8 tion in personnel that would result in a change in existing 

9 programs, projects, or activities as approved by the Con10 gress; unless the Committees on Appropriations of the Sen11 ate and the House of Representatives are notified 15 days 

12 in advance of such reprogramming of funds. 

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

14 available for the current fiscal year for the Department of 

15 Homeland Security by this Act or provided by previous ap16 propriations Acts may be transferred between such appro17 priations, but no such appropriations, except as otherwise 

18 specifically provided, shall be increased by more than 10 

19 percent by such transfers: Provided, That any transfer 

20 under this section shall be treated as a reprogramming of 

21 funds under subsection (b) of this section and shall not be 

22 available for obligation unless the Committees on Appro23 priations of the Senate and the House of Representatives 

24 are notified 15 days in advance of such transfer. 


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

2 this section, no funds shall be reprogrammed within or 

3 transferred between appropriations after June 30, except in 

4 extraordinary circumstances which imminently threaten 

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

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

7 made available to the Department of Homeland Security 

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

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

10 activities and amounts allowed in the President’s fiscal 

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

12 transit subsidy, mail operations, parking, and competitive 

13 sourcing: Provided, That any additional activities and 

14 amounts shall be approved by the Committees on Appro15 priations of the Senate and the House of Representatives 

16 30 days in advance of obligation. 

17 SEC. 505. Except as otherwise specifically provided by 

18 law, not to exceed 50 percent of unobligated balances re19 maining available at the end of fiscal year 2008 from ap20 propriations for salaries and expenses for fiscal year 2008 

21 in this Act shall remain available through September 30, 

22 2009, in the account and for the purposes for which the 

23 appropriations were provided: Provided, That prior to the 

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

25 Committees on Appropriations of the Senate and the House 


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1 of Representatives for approval in accordance with section 

2 503 of this Act. 

3 SEC. 506. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

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

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

7 2008 until the enactment of an Act authorizing intelligence 

8 activities for fiscal year 2008. 

9 SEC. 507. The Federal Law Enforcement Training Ac10 creditation Board shall lead the Federal law enforcement 

11 training accreditation process, to include representatives 

12 from the Federal law enforcement community and non-Fed13 eral accreditation experts involved in law enforcement 

14 training, to continue the implementation of measuring and 

15 assessing the quality and effectiveness of Federal law en16 forcement training programs, facilities, and instructors. 

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

18 to make a grant allocation, discretionary grant award, dis19 cretionary contract award, or to issue a letter of intent to20 taling in excess of $1,000,000, or to announce publicly the 

21 intention to make such an award, unless the Secretary of 

22 Homeland Security notifies the Committees on Appropria23 tions of the Senate and the House of Representatives at least 

24 three full business days in advance: Provided, That no noti25 fication shall involve funds that are not available for obligaVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 tion: Provided further, That the notification shall include 

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

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

4 the funds are being drawn from: Provided further, That the 

5 Federal Emergency Management Agency shall brief the 

6 Committees on Appropriations of the Senate and the House 

7 of Representatives five full business days in advance of an8 nouncing publicly the intention of making an award of for9 mula-based grants; law enforcement terrorism prevention 

10 grants; high-threat, high-density urban areas grants; or re11 gional catastrophic preparedness grants. 

12 SEC. 509. Notwithstanding any other provision of law, 

13 no agency shall purchase, construct, or lease any additional 

14 facilities, except within or contiguous to existing locations, 

15 to be used for the purpose of conducting Federal law enforce16 ment training without the advance approval of the Commit17 tees on Appropriations of the Senate and the House of Rep18 resentatives, except that the Federal Law Enforcement 

19 Training Center is authorized to obtain the temporary use 

20 of additional facilities by lease, contract, or other agreement 

21 for training which cannot be accommodated in existing 

22 Center facilities. 

23 SEC. 510. The Director of the Federal Law Enforce24 ment Training Center shall schedule basic and/or advanced 

25 law enforcement training at all four training facilities 


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1 under the control of the Federal Law Enforcement Training 

2 Center to ensure that these training centers are operated 

3 at the highest capacity throughout the fiscal year. 

4 SEC. 511. None of the funds appropriated or otherwise 

5 made available by this Act may be used for expenses of any 

6 construction, repair, alteration, or acquisition project for 

7 which a prospectus, if required by the Public Buildings Act 

8 of 1959 (40 U.S.C. 3301), has not been approved, except 

9 that necessary funds may be expended for each project for 

10 required expenses for the development of a proposed pro11 spectus. 

12 SEC. 512. None of the funds in this Act may be used 

13 in contravention of the applicable provisions of the Buy 

14 American Act (41 U.S.C. 10a et seq.). 

15 SEC. 513. (a) None of the funds provided by this or 

16 previous appropriations Acts may be obligated for deploy17 ment or implementation, on other than a test basis, of the 

18 Secure Flight program or any other follow on or successor 

19 passenger prescreening program, until the Secretary of 

20 Homeland Security certifies, and the Government Account21 ability Office reports, to the Committees on Appropriations 

22 of the Senate and the House of Representatives, that all ten 

23 of the conditions contained in paragraphs (1) through (10) 

24 of section 522(a) of Public Law 108–334 (118 Stat. 1319) 

25 have been successfully met. 


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1 (b) The report required by subsection (a) shall be sub2 mitted within 90 days after the Secretary provides the req3 uisite certification, and periodically thereafter, if necessary, 

4 until the Government Accountability Office confirms that 

5 all ten conditions have been successfully met. 

6 (c) Within 90 days of enactment of this Act, the Sec7 retary shall submit to the Committees on Appropriations 

8 of the Senate and the House of Representatives a detailed 

9 plan that describes: (1) the dates for achieving key mile10 stones, including the date or timeframes that the Secretary 

11 will certify the program under subsection (a); and (2) the 

12 methodology to be followed to support the Secretary’s certifi13 cation, as required under subsection (a). 

14 (d) During the testing phase permitted by subsection 

15 (a), no information gathered from passengers, foreign or do16 mestic air carriers, or reservation systems may be used to 

17 screen aviation passengers, or delay or deny boarding to 

18 such passengers, except in instances where passenger names 

19 are matched to a Government watch list. 

20 (e) None of the funds provided in this or previous ap21 propriations Acts may be utilized to develop or test algo22 rithms assigning risk to passengers whose names are not 

23 on Government watch lists. 

24 (f) None of the funds provided in this or previous ap25 propriations Acts may be utilized for data or a database 


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1 that is obtained from or remains under the control of a non2 Federal entity: Provided, That this restriction shall not 

3 apply to Passenger Name Record data obtained from air 

4 carriers. 

5 SEC. 514. None of the funds made available in this 

6 Act may be used to amend the oath of allegiance required 

7 by section 337 of the Immigration and Nationality Act (8 

8 U.S.C. 1448). 

9 SEC. 515. None of the funds appropriated by this Act 

10 may be used to process or approve a competition under Of11 fice of Management and Budget Circular A–76 for services 

12 provided as of June 1, 2004, by employees (including em13 ployees serving on a temporary or term basis) of United 

14 States Citizenship and Immigration Services of the Depart15 ment of Homeland Security who are known as of that date 

16 as Immigration Information Officers, Contact Representa17 tives, or Investigative Assistants. 

18 SEC. 516. (a) None of the funds appropriated to the 

19 United States Secret Service by this Act or by previous ap20 propriations Acts may be made available for the protection 

21 of the head of a Federal agency other than the Secretary 

22 of Homeland Security: Provided, That the Director of the 

23 United States Secret Service may enter into an agreement 

24 to perform such service on a fully reimbursable basis. 


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1 (b) None of the funds appropriated by this or any other 

2 Act to the United States Secret Service shall be made avail3 able for the protection of a Federal official, other than per4 sons granted protection under section 3056(a) of title 18, 

5 United States Code, and the Secretary of Homeland Secu6 rity: Provided, That the Director of the United States Secret 

7 Service may enter into an agreement to perform such pro8 tection on a fully reimbursable basis for protectees not des9 ignated under section 3056(a) of title 18, United States 

10 Code. 

11 SEC. 517. (a) The Secretary of Homeland Security is 

12 directed to research, develop, and procure new technologies 

13 to inspect and screen air cargo carried on passenger air14 craft at the earliest date possible. 

15 (b) Existing checked baggage explosive detection equip16 ment and screeners shall be utilized to screen air cargo car17 ried on passenger aircraft to the greatest extent practicable 

18 at each airport until technologies developed under sub19 section (a) are available. 

20 (c) The Transportation Security Administration shall 

21 report air cargo inspection statistics quarterly to the Com22 mittees on Appropriations of the Senate and the House of 

23 Representatives, by airport and air carrier, within 45 days 

24 after the end of the quarter including any reason for non25 compliance with the second proviso of section 513 of the 


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1 Department of Homeland Security Appropriations Act, 

2 2005 (Public Law 108–334, 118 Stat. 1317). 

3 SEC. 518. None of the funds made available in this 

4 Act may be used by any person other than the Privacy Offi5 cer appointed under section 222 of the Homeland Security 

6 Act of 2002 (6 U.S.C. 142) to alter, direct that changes be 

7 made to, delay, or prohibit the transmission to Congress 

8 of any report prepared under paragraph (6) of such section. 

9 SEC. 519. No funding provided by this or previous ap10 propriation Acts shall be available to pay the salary of any 

11 employee serving as a contracting officer’s technical rep12 resentative (COTR), or anyone acting in a similar or like 

13 capacity, who has not received COTR training. 

14 SEC. 520. Except as provided in section 44945 of title 

15 49, United States Code, funds appropriated or transferred 

16 to Transportation Security Administration ‘‘Aviation Se17 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

18 Support’’ in fiscal years 2004, 2005, 2006, and 2007 that 

19 are recovered or deobligated shall be available only for pro20 curement and installation of explosive detection systems for 

21 air cargo, baggage, and checkpoint screening systems, sub22 ject to notification. 

23 SEC. 521. Section 525(d) of the Department of Home24 land Security Appropriations Act, 2007 (Public Law 109– 

25 295; 120 Stat. 1382) shall apply to fiscal year 2008. 


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1 (RESCISSION OF FUNDS)

2 SEC. 522. From the unobligated balances of funds 

3 transferred to the Department of Homeland Security when 

4 it was created in 2003, excluding mandatory appropria5 tions, $45,000,000 is rescinded, of which $12,000,000 shall 

6 be rescinded from Departmental Operations; $12,000,000 

7 shall be rescinded from the Office of State and Local Gov8 ernment Coordination; and $6,000,000 shall be rescinded 

9 from the Working Capital Fund. 

10 SEC. 523. Any funds appropriated to United States 

11 Coast Guard, ‘‘Acquisition, Construction, and Improve12 ments’’ in fiscal years 2002, 2003, 2004, 2005, and 2006 

13 for the 110–123 foot patrol boat conversion that are recov14 ered, collected, or otherwise received as the result of negotia15 tion, mediation, or litigation, shall be available until ex16 pended for the Replacement Patrol Boat (FRC–B) program. 

17 SEC. 524. The Department of Homeland Security 

18 Working Capital Fund, established, pursuant to section 403 

19 of Public Law 103–356 (31 U.S.C. 501 note), shall continue 

20 operations during fiscal year 2008. 

21 SEC. 525. (a) The Federal Emergency Management 

22 Agency (FEMA) shall submit a quarterly report to the 

23 Committees on Appropriations of the Senate and the House 

24 of Representatives detailing the allocation and obligation 

25 of funds for ‘‘Disaster Relief’’ to include: 


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1 (1) status of the Disaster Relief Fund (DRF) in2 cluding obligations, allocations, and amounts undis3 tributed/unallocated; 

4 (2) allocations, obligations, and expenditures for 

5 all open disasters; 

6 (3) information on national flood insurance 

7 claims; 

8 (4) obligations, allocations and expenditures by 

9 State for unemployment, crisis counseling, inspec10 tions, housing assistance, manufactured housing, pub11 lic assistance and individual assistance; 

12 (5) mission assignment obligations by agency, 

13 including: 

14 (A) the amounts reimbursed to other agen15 cies that are in suspense because FEMA has not 

16 yet reviewed and approved the documentation 

17 supporting the expenditure; and 

18 (B) a disclaimer if the amounts of reported 

19 obligations and expenditures do not reflect the 

20 status of such obligations and expenditures from 

21 a government-wide perspective; 

22 (6) the amount of credit card purchases by agen23 cy and mission assignment; 

24 (7) specific reasons for all waivers granted and 

25 a description of each waiver; 


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1 (8) a list of all contracts that were awarded on 

2 a sole source or limited competition basis, including 

3 the dollar amount, the purpose of the contract and the 

4 reason for the lack of competitive award; and 

5 (9) an estimate of when available appropriations 

6 will be exhausted, assuming an average disaster sea7 son. 

8 (b) The Secretary of Homeland Security shall at least 

9 quarterly obtain from agencies performing mission assign10 ments each such agency’s actual obligation and expenditure 

11 data and report to the Committees on Appropriations of 

12 the Senate and the House of Representatives. 

13 (c) For any request for reimbursement from a Federal 

14 agency to the Department of Homeland Security to cover 

15 expenditures under the Stafford Act (42 U.S.C. 5121 et 

16 seq.), or any mission assignment orders issued by the De17 partment of Homeland Security for such purposes, the Sec18 retary of Homeland Security shall take appropriate steps 

19 to ensure that each agency is periodically reminded of De20 partment of Homeland Security policies on— 

21 (1) the detailed information required in sup22 porting documentation for reimbursements, and 

23 (2) the necessity for timeliness of agency billings. 

24 (d) Notwithstanding section 404 of the Robert T. Staf25 ford Disaster Relief and Emergency Assistance Act (42 


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1 U.S.C. 5170c), projects relating to Hurricanes Katrina and 

2 Rita for which the non-Federal share of assistance under 

3 that section is funded by amounts appropriated to the Com4 munity Development Fund under chapter 9 of title I of di5 vision B of the Department of Defense, Emergency Supple6 mental Appropriations to Address Hurricanes in the Gulf 

7 of Mexico, and Pandemic Influenza Act, 2006 (Public Law 

8 109–148; 119 Stat. 2779) or chapter 9 of title II of the 

9 Emergency Supplemental Appropriations Act for Defense, 

10 the Global War on Terror, and Hurricane Recovery, 2006 

11 (Public Law 109–234; 120 Stat. 472) shall not be subject 

12 to any precertification requirements. 

13 SEC. 526. Within 45 days after the close of each month, 

14 the Chief Financial Officer of the Department of Homeland 

15 Security shall submit to the Committees on Appropriations 

16 of the Senate and the House of Representatives a monthly 

17 budget and staffing report that includes total obligations, 

18 on-board versus funded full-time equivalent staffing levels, 

19 and the number of contract employees by office. 

20 SEC. 527. Section 532(a) of Public Law 109–295 is 

21 amended by striking ‘‘2007’’ and inserting ‘‘2008’’. 

22 SEC. 528. The Federal Law Enforcement Training 

23 Center instructor staff shall be classified as inherently gov24 ernmental for the purpose of the Federal Activities Inven25 tory Reform Act of 1998 (31 U.S.C. 501 note). 


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1 SEC. 529. None of the funds provided in this Act may 

2 be used to alter or reduce operations within the Civil Engi3 neering Program of the Coast Guard nationwide, including 

4 the civil engineering units, facilities, design, and construc5 tion centers, maintenance and logistics command centers, 

6 and the Coast Guard Academy, except as specifically au7 thorized by a statute enacted after the date of enactment 

8 of this Act. 

9 SEC. 530. EXTENSION OF THE IMPLEMENTATION

10 DEADLINE FOR THE WESTERN HEMISPHERE TRAVEL INI11 TIATIVE. Subparagraph (A) of section 7209(b)(1) of the In12 telligence Reform and Terrorism Prevention Act of 2004 

13 (Public Law 108–458; 8 U.S.C. 1185 note) is amended by 

14 striking ‘‘This plan shall be implemented not later than 

15 three months after the Secretary of State and the Secretary 

16 of Homeland Security make the certifications required in 

17 subsection (B), or June 1, 2009, whichever is earlier.’’ and 

18 inserting ‘‘Such plan may not be implemented earlier than 

19 the date that is the later of 3 months after the Secretary 

20 of State and the Secretary of Homeland Security make the 

21 certification required in subparagraph (B) or June 1, 

22 2009.’’. 

23 SEC. 531. Section 550 of the Department of Homeland 

24 Security Appropriations Act, 2007 (6 U.S.C. 121 note) is 

25 amended by adding at the end the following: 


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1 ‘‘(h) This section shall not preclude or deny any right 

2 of any State or political subdivision thereof to adopt or en3 force any regulation, requirement, or standard of perform4 ance with respect to chemical facility security that is more 

5 stringent than a regulation, requirement, or standard of 

6 performance issued under this section, or otherwise impair 

7 any right or jurisdiction of any State with respect to chem8 ical facilities within that State, unless there is an actual 

9 conflict between this section and the law of that State.’’. 

10 SEC. 532. None of the funds provided in this Act under 

11 the heading ‘‘Office of the Chief Information Officer’’ shall 

12 be used for data center development other than for the Na13 tional Center for Critical Information Processing and Stor14 age until the Chief Information Officer certifies that the Na15 tional Center for Critical Information Processing and Stor16 age is fully utilized as the Department’s primary data stor17 age center at the highest capacity throughout the fiscal year. 

18 SEC. 533. None of the funds in this Act shall be used 

19 to reduce the United States Coast Guard’s Operations Sys20 tems Center mission or its government-employed or contract 

21 staff levels. 

22 SEC. 534. (a) Notwithstanding section 503 of this Act, 

23 up to $25,000,000 from prior year balances currently avail24 able to the Transportation Security Administration may 


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1 be transferred to ‘‘Transportation Threat Assessment and 

2 Credentialing’’ for the Secure Flight program. 

3 (b) In carrying out the transfer authority under sub4 section (a), the Transportation Security Administration 

5 shall not utilize any prior year balances from the following 

6 programs: screener partnership program; explosive detec7 tion system purchase; explosive detection system installa8 tion; checkpoint support; aviation regulation and other en9 forcement; air cargo; and air cargo research and develop10 ment: Provided, That any funds proposed to be transferred 

11 under this section shall not be available for obligation until 

12 the Committees on Appropriations of the Senate and the 

13 House of Representatives receive and approve a plan for 

14 expenditure for such funds that is submitted by the Sec15 retary of Homeland Security: Provided further, That the 

16 plan shall be submitted simultaneously to the Government 

17 Accountability Office for review consistent with its ongoing 

18 assessment of the Secure Flight Program as mandated by 

19 section 522(a) of Public Law 108–334 (118 Stat. 1319). 

20 SEC. 535. DISASTER ASSISTANCE FOR SCHOOLS. (a) 

21 DEFINITIONS.—In this section— 

22 (1) the term ‘‘Administrator’’ means the Admin23 istrator of the Federal Emergency Management Agen24 cy; 


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1 (2) the term ‘‘covered assistance’’ means assist2 ance— 

3 (A) provided under section 406 of the Rob4 ert T. Stafford Disaster Relief and Emergency 

5 Assistance Act (42 U.S.C. 5172); 

6 (B) to be used to— 

7 (i) repair, restore, reconstruct, or re8 place school facilities; or 

9 (ii) replace lost contents of a school; 

10 and 

11 (C) for damage caused by Hurricane 

12 Katrina of 2005 or Hurricane Rita of 2005; and 

13 (3) the term ‘‘local educational agency’’ has the 

14 meaning given that term in section 9101 of the Ele15 mentary and Secondary Education Act of 1965 (20 

16 U.S.C. 7801). 

17 (b) ASSISTANCE TO SCHOOLS.— 

18 (1) IN GENERAL.—A local educational agency 

19 that has applied for covered assistance before the date 

20 of enactment of this Act may request that such assist21 ance (including any eligible costs discovered after the 

22 date of the estimate of eligible costs under section 

23 406(e)(1)(A) of the Robert T. Stafford Disaster Relief 

24 and Emergency Assistance Act (42 U.S.C. 

25 5172(e)(1)(A)) and any cost that was determined to 


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1 be an eligible cost after an appeal or review) be pro2 vided in a single payment. 

3 (2) DISBURSEMENTOF ASSISTANCE.—Not later 

4 than 30 days after the date that a local educational 

5 agency makes a request under paragraph (1), the Ad6 ministrator shall provide in a single payment any 

7 covered assistance for any eligible cost that was ap8 proved by the Administrator on or before the date of 

9 that request. 

10 (3) FLOOD INSURANCE REDUCTION.—For any 

11 covered assistance provided under paragraph (2), the 

12 Administrator shall make not more than 1 reduction 

13 under section 406(d) of the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 U.S.C. 

15 5172(d)) in the amount of assistance provided. 

16 (c) ALTERNATE USE.—For any covered assistance pro17 vided under subsection (b)(2), the amount of that assistance 

18 shall not be reduced under section 406(c)(1) of the Robert 

19 T. Stafford Disaster Relief and Emergency Assistance Act 

20 (42 U.S.C. 5172(c)(1)). 

21 (d) APPLICABILITY.—This section shall apply to any 

22 covered assistance provided on or after the date of enact23 ment of this Act. 

24 SEC. 536. TECHNICAL CORRECTIONS. (a) IN GEN25 ERAL.— 


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1 (1) REDESIGNATIONS.—Chapter 27 of title 18, 

2 United States Code, is amended by redesignating sec3 tion 554 added by section 551(a) of the Department 

4 of Homeland Security Appropriations Act, 2007 

5 (Public Law 109–295; 120 Stat. 1389) (relating to 

6 border tunnels and passages) as section 555. 

7 (2) TABLE OF SECTIONS.—The table of sections 

8 for chapter 27 of title 18, United States Code, is 

9 amended by striking the item relating to section 554, 

10 ‘‘Border tunnels and passages’’, and inserting the fol11 lowing: 

‘‘555. Border tunnels and passages.’’. 

12 (b) CRIMINAL FORFEITURE.—Section 982(a)(6) of title 

13 18, United States Code, is amended by striking ‘‘554’’ and 

14 inserting ‘‘555’’. 

15 (c) DIRECTIVE TO THE UNITED STATES SENTENCING

16 COMMISSION.—Section 551(d) of the Department of Home17 land Security Appropriations Act, 2007 (Public Law 109– 

18 295; 120 Stat. 1390) is amended in paragraphs (1) and 

19 (2)(A) by striking ‘‘554’’ and inserting ‘‘555’’. 

20 SEC. 537. SEXUAL ABUSE. Sections 2241, 2242, 2243, 

21 and 2244 of title 18, United States Code, are each amended 

22 by striking ‘‘the Attorney General’’ each place that term ap23 pears and inserting ‘‘the head of any Federal department 

24 or agency’’. 


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1 SEC. 538. PLAN FOR THE CONTROL AND MANAGEMENT

2 OF ARUNDO DONAX. (a) DEFINITIONS.—In this section: 

3 (1) ARUNDO DONAX.—The term ‘‘Arundo donax’’ 

4 means a tall perennial reed commonly known as 

5 ‘‘Carrizo cane’’, ‘‘Spanish cane’’, ‘‘wild cane’’, and 

6 ‘‘giant cane’’. 

7 (2) PLAN.—The term ‘‘plan’’ means the plan for 

8 the control and management of Arundo donax devel9 oped under subsection (b). 

10 (3) RIVER.—The term ‘‘River’’ means the Rio 

11 Grande River. 

12 (4) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 (b) DEVELOPMENTOF PLAN.— 

15 (1) IN GENERAL.—The Secretary shall develop a 

16 plan for the control and management of Arundo 

17 donax along the portion of the River that serves as the 

18 international border between the United States and 

19 Mexico. 

20 (2) COMPONENTS.—In developing the plan, the 

21 Secretary shall address— 

22 (A) information derived by the Secretary of 

23 Agriculture and the Secretary of the Interior 

24 from ongoing efforts to identify the most effective 


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1 biological, mechanical, and chemical means of 

2 controlling and managing Arundo donax; 

3 (B) past and current efforts to under4 stand— 

5 (i) the ecological damages caused by 

6 Arundo donax; and 

7 (ii) the dangers Arundo donax poses to 

8 Federal and local law enforcement; 

9 (C) any international agreements and trea10 ties that need to be completed to allow for the 

11 control and management of Arundo donax on 

12 both sides of the River; 

13 (D) the long-term efforts that the Secretary 

14 considers to be necessary to control and manage 

15 Arundo donax, including the cost estimates for 

16 the implementation of the efforts; and 

17 (E) whether a waiver of applicable Federal 

18 environmental laws (including regulations) is 

19 necessary. 

20 (3) CONSULTATION.—The Secretary shall develop 

21 the plan in consultation with the Secretary of Agri22 culture, the Secretary of the Interior, the Secretary of 

23 State, the Chief of Engineers, and any other Federal 

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1 garding the control and management of Arundo 

2 donax. 

3 (c) REPORT.—Not later than 90 days after the date 

4 of enactment of this Act, the Secretary shall submit the plan 

5 to— 

6 (1) the Committees on the Judiciary of the Sen7 ate and the House of Representatives; and 

8 (2) the Committees on Appropriations of the 

9 Senate and the House of Representatives. 

10 SEC. 539. REPORTING OF WASTE, FRAUD, AND ABUSE. 

11 Not later than 30 days after the date of enactment of this 

12 Act— 

13 (1) the Secretary of Homeland Security shall es14 tablish and maintain on the homepage of the website 

15 of the Department of Homeland Security, a direct 

16 link to the website of the Office of Inspector General 

17 of the Department of Homeland Security; and 

18 (2) the Inspector General of the Department of 

19 Homeland Security shall establish and maintain on 

20 the homepage of the website of the Office of Inspector 

21 General a direct link for individuals to anonymously 

22 report waste, fraud, or abuse. 

23 SEC. 540. The Secretary of Homeland Security shall 

24 require that all contracts of the Department of Homeland 

25 Security that provide award fees link such fees to successful 


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1 acquisition outcomes (which outcomes shall be specified in 

2 terms of cost, schedule, and performance). 

3 SEC. 541. None of the funds made available to the Of4 fice of the Secretary and Executive Management under this 

5 Act may be expended for any new hires by the Department 

6 of Homeland Security that are not verified through the 

7 basic pilot program required under section 401 of the Illegal 

8 Immigration Reform and Immigrant Responsibility Act of 

9 1996 (8 U.S.C. 1324a note). 

10 SEC. 542. None of the funds made available in this 

11 Act for U.S. Customs and Border Protection or any agency 

12 or office within the Department of Homeland Security may 

13 be used to prevent an individual from importing a prescrip14 tion drug from Canada if— 

15 (1) such individual is not in the business of im16 porting a prescription drug (within the meaning of 

17 section 801(g) of the Federal Food, Drug, and Cos18 metic Act (21 U.S.C. 381(g))); and 

19 (2) such drug— 

20 (A) complies with sections 501, 502, and 

21 505 of the Federal Food, Drug, and Cosmetic Act 

22 (21 U.S.C. 351, 352, and 355); and 

23 (B) is not— 


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1 (i) a controlled substance, as defined in 

2 section 102 of the Controlled Substances Act 

3 (21 U.S.C. 802); or 

4 (ii) a biological product, as defined in 

5 section 351 of the Public Health Service Act 

6 (42 U.S.C. 262). 

7 SEC. 543. PROHIBITION ON USE OF FUNDS FOR RULE8 MAKING RELATED TO PETITIONS FOR ALIENS. None of the 

9 funds made available in this Act may be used by the Sec10 retary of Homeland Security or any delegate of the Sec11 retary to issue any rule or regulation which implements 

12 the Notice of Proposed Rulemaking related to Petitions for 

13 Aliens To Perform Temporary Nonagricultural Services or 

14 Labor (H–2B) set out beginning on 70 Federal Register 

15 3984 (January 27, 2005). 

16 SEC. 544. None of the funds appropriated or otherwise 

17 made available by this Act may be obligated or expended 

18 by the Secretary of Homeland Security to remove offenses 

19 from the list of criminal offenses disqualifying individuals 

20 from receiving a Transportation Worker Identification Cre21 dential under section 1572.103 of title 49, Code of Federal 

22 Regulations. 

23 SEC. 545. (a)(1)(A) None of the funds appropriated 

24 or otherwise made available by this Act may be used to 

25 make any payment in connection with a contract awarded 


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1 through a congressional initiative unless the contract is 

2 awarded using competitive procedures in accordance with 

3 the requirements of section 303 of the Federal Property and 

4 Administrative Services Act of 1949 (41 U.S.C. 253), sec5 tion 2304 of title 10, United States Code, and the Federal 

6 Acquisition Regulation. 

7 (B) Except as provided in paragraph (3), none of the 

8 funds appropriated or otherwise made available by this Act 

9 may be used to make any payment in connection with a 

10 contract awarded through a congressional initiative unless 

11 more than one bid is received for such contract. 

12 (2) Notwithstanding any other provision of this Act, 

13 none of the funds appropriated or otherwise made available 

14 by this Act may be awarded by grant or cooperative agree15 ment through a congressional initiative unless the process 

16 used to award such grant or cooperative agreement uses 

17 competitive procedures to select the grantee or award recipi18 ent. Except as provided in paragraph (3), no such grant 

19 may be awarded unless applications for such grant or coop20 erative agreement are received from two or more applicants 

21 that are not from the same organization and do not share 

22 any financial, fiduciary, or other organizational relation23 ship. 

24 (3)(A) If the Secretary of Homeland Security does not 

25 receive more than one bid for a contract under paragraph 


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1 (1)(B) or does not receive more than one application from 

2 unaffiliated applicants for a grant or cooperative agreement 

3 under paragraph (2), the Secretary may waive such bid or 

4 application requirement if the Secretary determines that 

5 the contract, grant, or cooperative agreement is essential to 

6 the mission of the Department of Homeland Security. 

7 (b)(1) Not later than December 31, 2008, the Secretary 

8 of Homeland Security shall submit to Congress a report on 

9 congressional initiatives for which amounts were appro10 priated during fiscal year 2008. 

11 (2) The report submitted under paragraph (1) shall 

12 include with respect to each contract and grant awarded 

13 through a congressional initiative— 

14 (A) the name of the recipient of the funds award15 ed through such contract or grant; 

16 (B) the reason or reasons such recipient was se17 lected for such contract or grant; and 

18 (C) the number of entities that competed for such 

19 contract or grant. 

20 (3) The report submitted under paragraph (1) shall 

21 be made publicly available through the Internet website of 

22 the Department of Homeland Security. 

23 (c) In this section: 

24 (1) The term ‘‘congressional initiative’’ means a 

25 provision of law or a directive contained within a 


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1 committee report or joint statement of managers of an 

2 appropriations Act that specifies— 

3 (A) the identity of a person or entity se4 lected to carry out a project, including a defense 

5 system, for which funds are appropriated or oth6 erwise made available by that provision of law 

7 or directive and that was not requested by the 

8 President in a budget submitted to Congress; and 

9 (B) the amount of the funds appropriated 

10 or otherwise made available for such project. 

11 (2) The term ‘‘executive agency’’ has the mean12 ing given such term in section 4 of the Office of Fed13 eral Procurement Policy Act (41 U.S.C. 403). 

14 SEC. 546. BORDER SECURITY REQUIREMENTS FOR

15 LAND AND MARITIME BORDERS OF THE UNITED STATES. 

16 (a) OPERATIONAL CONTROL OF THE UNITED STATES BOR17 DERS.—The President shall ensure that operational control 

18 of all international land and maritime borders is achieved. 

19 (b) ACHIEVING OPERATIONAL CONTROL.—The Sec20 retary of Homeland Security shall establish and dem21 onstrate operational control of 100 percent of the inter22 national land and maritime borders of the United States, 

23 including the ability to monitor such borders through avail24 able methods and technology. 


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1 (1) STAFF ENHANCEMENTS FOR BORDER PA2 TROL.—The United States Customs and Border Pro3 tection Border Patrol may hire, train, and report for 

4 duty additional full-time agents. These additional 

5 agents shall be deployed along all international bor6 ders. 

7 (2) STRONG BORDER BARRIERS.—The United 

8 States Customs and Border Protection Border Patrol 

9 may: 

10 (A) Install along all international borders 

11 of the United States vehicle barriers; 

12 (B) Install along all international borders 

13 of the United States ground-based radar and 

14 cameras; and 

15 (C) Deploy for use along all international 

16 borders of the United States unmanned aerial ve17 hicles, and the supporting systems for such vehi18 cles; 

19 (c) PRESIDENTIAL PROGRESS REPORT.— 

20 (1) IN GENERAL.—Not later than 90 days after 

21 the date of enactment of this Act, and every 90 days 

22 thereafter, the President shall submit a report to Con23 gress detailing the progress made in funding, meeting 

24 or otherwise satisfying each of the requirements de25 scribed under paragraphs (1) and (2). 


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1 (2) PROGRESS NOT SUFFICIENT.—If the Presi2 dent determines that sufficient progress is not being 

3 made, the President shall include in the report re4 quired under paragraph (1) specific funding rec5 ommendations, authorization needed, or other actions 

6 that are or should be undertaken by the Secretary of 

7 Homeland Security. 

8 (d) APPROPRIATIONS FOR SECURING LAND AND MARI9 TIME BORDERS OF THE UNITED STATES.—Any funds ap10 propriated under division B of this Act shall be used to 

11 ensure operational control is achieved for all international 

12 land and maritime borders of the United States. 

13 SEC. 547. IMPROVEMENTS TO THE EMPLOYMENT ELI14 GIBILITY VERIFICATION BASIC PILOT PROGRAM. Of the 

15 amounts appropriated for border security and employment 

16 verification improvements under section 1003 of Division 

17 B, $60,000,000 shall be made available to— 

18 (1) ensure that State and local programs have 

19 sufficient access to, and are sufficiently coordinated 

20 with, the Federal Government’s Employment Eligi21 bility Verification System; 

22 (2) ensure that such system has sufficient capac23 ity to timely and accurately— 

24 (A) register employers in States with em25 ployer verification requirements; 


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1 (B) respond to inquiries by employers; and 

2 (C) enter into memoranda of understanding 

3 with States to ensure responses to subparagraphs 

4 (A) and (B); and 

5 (3) develop policies and procedures to ensure 

6 protection of the privacy and security of personally 

7 identifiable information and identifiers contained in 

8 the basic pilot program, including appropriate pri9 vacy and security training for State employees; 

10 (4) ensure that the Office for Civil Rights and 

11 Civil Liberties of the Department of Justice has suffi12 cient capacity to conduct audits of the Federal Gov13 ernment’s Employment Eligibility Verification Sys14 tem to assess employer compliance with System re15 quirements, including the applicable Memorandum of 

16 Understanding; 

17 (5) these amounts are designated as an emer18 gency requirement pursuant to section 204 of S. Con. 

19 Res. 21 (110th Congress). 

20 SEC. 548. IN-LIEU CONTRIBUTION. The Administrator 

21 of the Federal Emergency Management Agency shall au22 thorize a large in-lieu contribution under section 406(c)(1) 

23 of the Robert T. Stafford Disaster Relief and Emergency 

24 Assistance Act (42 U.S.C. 5172(c)(1)) to the Peebles School 

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1 cane Katrina of 2005 or Hurricane Rita of 2005, notwith2 standing section 406(c)(1)(C) of the Robert T. Stafford Dis3 aster Relief and Emergency Assistance Act (42 U.S.C. 

4 5172(c)(1)(C)). 

5 SEC. 549. NATIONAL STRATEGY ON CLOSED CIRCUIT

6 TELEVISION SYSTEMS. (a) IN GENERAL.—Not later than 

7 1 year after the date of the enactment of this Act, the Sec8 retary of Homeland Security shall— 

9 (1) develop a national strategy for the effective 

10 and appropriate use of closed circuit television to pre11 vent and respond to acts of terrorism, which shall in12 clude— 

13 (A) an assessment of how closed circuit tele14 vision and other public surveillance systems can 

15 be used most effectively as part of an overall ter16 rorism preparedness, prevention, and response 

17 program, and its appropriate role in such a pro18 gram; 

19 (B) a comprehensive examination of the ad20 vantages and limitations of closed circuit tele21 vision and, as appropriate, other public surveil22 lance technologies; 

23 (C) best practices on camera use and data 

24 storage; 


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1 (D) plans for coordination between the Fed2 eral Government and State and local govern3 ments, and the private sector— 

4 (i) in the development and use of closed 

5 circuit television systems; and 

6 (ii) for Federal assistance and support 

7 for State and local utilization of such sys8 tems; 

9 (E) plans for pilot programs or other means 

10 of determining the real-world efficacy and limi11 tations of closed circuit televisions systems; 

12 (F) an assessment of privacy and civil lib13 erties concerns raised by use of closed circuit tel14 evision and other public surveillance systems, 

15 and guidelines to address such concerns; and 

16 (G) an assessment of whether and how 

17 closed circuit television systems and other public 

18 surveillance systems are effectively utilized by 

19 other democratic countries in combating ter20 rorism; and 

21 (2) provide to the Committees on Homeland Se22 curity and Governmental Affairs, Appropriations, 

23 and the Judiciary of the Senate and the Committees 

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1 diciary of the House of Representatives a report that 

2 includes— 

3 (A) the strategy required under paragraph 

4 (1); 

5 (B) the status and findings of any pilot 

6 program involving closed circuit televisions or 

7 other public surveillance systems conducted by, 

8 in coordination with, or with the assistance of 

9 the Department of Homeland Security up to the 

10 time of the report; and 

11 (C) the annual amount of funds used by the 

12 Department of Homeland Security, either di13 rectly by the Department or through grants to 

14 State, local, or tribal governments, to support 

15 closed circuit television and the public surveil16 lance systems of the Department, since fiscal 

17 year 2004. 

18 (b) CONSULTATION.—In preparing the strategy and 

19 report required under subsection (a), the Secretary of 

20 Homeland Security shall consult with the Attorney General, 

21 the Chief Privacy Officer of the Department of Homeland 

22 Security, and the Officer for Civil Rights and Civil Lib23 erties of the Department of Homeland Security. 

24 SEC. 550. SECURE HANDLING OF AMMONIUM NI25 TRATE.—(a) IN GENERAL.—Title VIII of the Homeland SeVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 curity Act of 2002 (6 U.S.C. 361 et seq.) is amended by 

2 adding at the end the following: 

3 ‘‘Subtitle J—Secure Handling of 

4 Ammonium Nitrate 

5 ‘‘SEC. 899A. DEFINITIONS. 

6 ‘‘In this subtitle: 

7 ‘‘(1) AMMONIUM NITRATE.—The term ‘ammo8 nium nitrate’ means— 

9 ‘‘(A) solid ammonium nitrate that is chiefly 

10 the ammonium salt of nitric acid and contains 

11 not less than 33 percent nitrogen by weight; and 

12 ‘‘(B) any mixture containing a percentage 

13 of ammonium nitrate that is equal to or greater 

14 than the percentage determined by the Secretary 

15 under section 899B(b). 

16 ‘‘(2) AMMONIUM NITRATE FACILITY.—The term 

17 ‘ammonium nitrate facility’ means any entity that 

18 produces, sells or otherwise transfers ownership of, or 

19 provides application services for ammonium nitrate. 

20 ‘‘(3) AMMONIUM NITRATE PURCHASER.—The 

21 term ‘ammonium nitrate purchaser’ means any per22 son who buys and takes possession of ammonium ni23 trate from an ammonium nitrate facility. 


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1 ‘‘SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF 

2 AMMONIUM NITRATE. 

3 ‘‘(a) IN GENERAL.—The Secretary shall regulate the 

4 sale and transfer of ammonium nitrate by an ammonium 

5 nitrate facility in accordance with this subtitle to prevent 

6 the misappropriation or use of ammonium nitrate in an 

7 act of terrorism. 

8 ‘‘(b) AMMONIUM NITRATE MIXTURES.—Not later than 

9 90 days after the date of the enactment of this subtitle, the 

10 Secretary, in consultation with the heads of appropriate 

11 Federal departments and agencies (including the Secretary 

12 of Agriculture), shall, after notice and an opportunity for 

13 comment, establish a threshold percentage for ammonium 

14 nitrate in a substance. 

15 ‘‘(c) REGISTRATION OF OWNERS OF AMMONIUM NI16 TRATE FACILITIES.— 

17 ‘‘(1) REGISTRATION.—The Secretary shall estab18 lish a process by which any person that— 

19 ‘‘(A) owns an ammonium nitrate facility is 

20 required to register with the Department; and 

21 ‘‘(B) registers under subparagraph (A) is 

22 issued a registration number for purposes of this 

23 subtitle. 

24 ‘‘(2) REGISTRATION INFORMATION.—Any person 

25 applying to register under paragraph (1) shall submit 

26 to the Secretary— 


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1 ‘‘(A) the name, address, and telephone num2 ber of each ammonium nitrate facility owned by 

3 that person; 

4 ‘‘(B) the name of the person designated by 

5 that person as the point of contact for each such 

6 facility, for purposes of this subtitle; and 

7 ‘‘(C) such other information as the Sec8 retary may determine is appropriate. 

9 ‘‘(d) REGISTRATION OF AMMONIUM NITRATE PUR10 CHASERS.— 

11 ‘‘(1) REGISTRATION.—The Secretary shall estab12 lish a process by which any person that— 

13 ‘‘(A) intends to be an ammonium nitrate 

14 purchaser is required to register with the De15 partment; and 

16 ‘‘(B) registers under subparagraph (A) is 

17 issued a registration number for purposes of this 

18 subtitle. 

19 ‘‘(2) REGISTRATION INFORMATION.—Any person 

20 applying to register under paragraph (1) as an am21 monium nitrate purchaser shall submit to the Sec22 retary— 

23 ‘‘(A) the name, address, and telephone num24 ber of the applicant; and 


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1 ‘‘(B) the intended use of ammonium nitrate 

2 to be purchased by the applicant. 

3 ‘‘(e) RECORDS.— 

4 ‘‘(1) MAINTENANCE OF RECORDS.—The owner of 

5 an ammonium nitrate facility shall— 

6 ‘‘(A) maintain a record of each sale or 

7 transfer of ammonium nitrate, during the two8 year period beginning on the date of that sale or 

9 transfer; and 

10 ‘‘(B) include in such record the information 

11 described in paragraph (2). 

12 ‘‘(2) SPECIFIC INFORMATION REQUIRED.—For 

13 each sale or transfer of ammonium nitrate, the owner 

14 of an ammonium nitrate facility shall— 

15 ‘‘(A) record the name, address, telephone 

16 number, and registration number issued under 

17 subsection (c) or (d) of each person that takes 

18 possession of ammonium nitrate, in a manner 

19 prescribed by the Secretary; 

20 ‘‘(B) if applicable, record the name, address, 

21 and telephone number of each individual who 

22 takes possession of the ammonium nitrate on be23 half of the person described in subparagraph (A), 

24 at the point of sale; 


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1 ‘‘(C) record the date and quantity of ammo2 nium nitrate sold or transferred; and 

3 ‘‘(D) verify the identity of the persons de4 scribed in subparagraphs (A) and (B), as appli5 cable, in accordance with a procedure established 

6 by the Secretary. 

7 ‘‘(3) PROTECTION OF INFORMATION.—In main8 taining records in accordance with paragraph (1), the 

9 owner of an ammonium nitrate facility shall take 

10 reasonable actions to ensure the protection of the in11 formation included in such records. 

12 ‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.—The 

13 Secretary may exempt from this subtitle a person pro14 ducing, selling, or purchasing ammonium nitrate exclu15 sively for use in the production of an explosive under a li16 cense issued under chapter 40 of title 18, United States 

17 Code. 

18 ‘‘(g) CONSULTATION.—In carrying out this section, the 

19 Secretary shall consult with the Secretary of Agriculture, 

20 States, and appropriate private sector entities, to ensure 

21 that the access of agricultural producers to ammonium ni22 trate is not unduly burdened. 

23 ‘‘(h) DATA CONFIDENTIALITY.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding section 552 

25 of title 5, United States Code, or the USA PATRIOT 


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1 ACT (Public Law 107–56; 115 Stat. 272), and except 

2 as provided in paragraph (2), the Secretary may not 

3 disclose to any person any information obtained 

4 under this subtitle. 

5 ‘‘(2) EXCEPTION.—The Secretary may disclose 

6 any information obtained by the Secretary under this 

7 subtitle to— 

8 ‘‘(A) an officer or employee of the United 

9 States, or a person that has entered into a con10 tract with the United States, who has a need to 

11 know the information to perform the duties of 

12 the officer, employee, or person; or 

13 ‘‘(B) to a State agency under section 899D, 

14 under appropriate arrangements to ensure the 

15 protection of the information. 

16 ‘‘(i) REGISTRATION PROCEDURES AND CHECK OF

17 TERRORIST SCREENING DATABASE.— 

18 ‘‘(1) REGISTRATION PROCEDURES.— 

19 ‘‘(A) GENERALLY.—The Secretary shall es20 tablish procedures to efficiently receive applica21 tions for registration numbers under this sub22 title, conduct the checks required under para23 graph (2), and promptly issue or deny a reg24 istration number. 


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1 ‘‘(B) INITIAL SIX-MONTH REGISTRATION PE2 RIOD.—The Secretary shall take steps to maxi3 mize the number of registration applications that 

4 are submitted and processed during the six5 month period described in section 899F(e). 

6 ‘‘(2) CHECK OF TERRORIST SCREENING DATA7 BASE.— 

8 ‘‘(A) CHECK REQUIRED.—The Secretary 

9 shall conduct a check of appropriate identifying 

10 information of any person seeking to register 

11 with the Department under subsection (c) or (d) 

12 against identifying information that appears in 

13 the terrorist screening database of the Depart14 ment. 

15 ‘‘(B) AUTHORITY TO DENY REGISTRATION

16 NUMBER.—If the identifying information of a 

17 person seeking to register with the Department 

18 under subsection (c) or (d) appears in the ter19 rorist screening database of the Department, the 

20 Secretary may deny issuance of a registration 

21 number under this subtitle. 

22 ‘‘(3) EXPEDITED REVIEW OF APPLICATIONS.— 

23 ‘‘(A) IN GENERAL.—Following the six24 month period described in section 899F(e), the 

25 Secretary shall, to the extent practicable, issue or 


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1 deny registration numbers under this subtitle not 

2 later than 72 hours after the time the Secretary 

3 receives a complete registration application, un4 less the Secretary determines, in the interest of 

5 national security, that additional time is nec6 essary to review an application. 

7 ‘‘(B) NOTICE OF APPLICATION STATUS.—In 

8 all cases, the Secretary shall notify a person 

9 seeking to register with the Department under 

10 subsection (c) or (d) of the status of the applica11 tion of that person not later than 72 hours after 

12 the time the Secretary receives a complete reg13 istration application. 

14 ‘‘(4) EXPEDITED APPEALS PROCESS.— 

15 ‘‘(A) REQUIREMENT.— 

16 ‘‘(i) APPEALS PROCESS.—The Sec17 retary shall establish an expedited appeals 

18 process for persons denied a registration 

19 number under this subtitle. 

20 ‘‘(ii) TIME PERIOD FOR RESOLU21 TION.—The Secretary shall, to the extent 

22 practicable, resolve appeals not later than 

23 72 hours after receiving a complete request 

24 for appeal unless the Secretary determines, 

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1 ditional time is necessary to resolve an ap2 peal. 

3 ‘‘(B) CONSULTATION.—The Secretary, in 

4 developing the appeals process under subpara5 graph (A), shall consult with appropriate stake6 holders. 

7 ‘‘(C) GUIDANCE.—The Secretary shall pro8 vide guidance regarding the procedures and in9 formation required for an appeal under subpara10 graph (A) to any person denied a registration 

11 number under this subtitle. 

12 ‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE

13 OF INFORMATION.— 

14 ‘‘(A) IN GENERAL.—Any information con15 stituting grounds for denial of a registration 

16 number under this section shall be maintained 

17 confidentially by the Secretary and may be used 

18 only for making determinations under this sec19 tion. 

20 ‘‘(B) SHARING OF INFORMATION.—Notwith21 standing any other provision of this subtitle, the 

22 Secretary may share any such information with 

23 Federal, State, local, and tribal law enforcement 

24 agencies, as appropriate. 

25 ‘‘(6) REGISTRATION INFORMATION.— 


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1 ‘‘(A) AUTHORITY TO REQUIRE INFORMA2 TION.—The Secretary may require a person ap3 plying for a registration number under this sub4 title to submit such information as may be nec5 essary to carry out the requirements of this sec6 tion. 

7 ‘‘(B) REQUIREMENT TO UPDATE INFORMA8 TION.—The Secretary may require persons issued 

9 a registration under this subtitle to update reg10 istration information submitted to the Secretary 

11 under this subtitle, as appropriate. 

12 ‘‘(7) RE-CHECKS AGAINSTTERRORISTSCREEN13 ING DATABASE.— 

14 ‘‘(A) RE-CHECKS.—The Secretary shall, as 

15 appropriate, recheck persons provided a registra16 tion number pursuant to this subtitle against the 

17 terrorist screening database of the Department, 

18 and may revoke such registration number if the 

19 Secretary determines such person may pose a 

20 threat to national security. 

21 ‘‘(B) NOTICE OF REVOCATION.—The Sec22 retary shall, as appropriate, provide prior notice 

23 to a person whose registration number is revoked 

24 under this section and such person shall have an 


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1 opportunity to appeal, as provided in paragraph 

2 (4). 

3 ‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS. 

4 ‘‘The Secretary shall establish a process for the peri5 odic inspection and auditing of the records maintained by 

6 owners of ammonium nitrate facilities for the purpose of 

7 monitoring compliance with this subtitle or for the purpose 

8 of deterring or preventing the misappropriation or use of 

9 ammonium nitrate in an act of terrorism. 

10 ‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS. 

11 ‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary— 

12 ‘‘(1) may enter into a cooperative agreement 

13 with the Secretary of Agriculture, or the head of any 

14 State department of agriculture or its designee in15 volved in agricultural regulation, in consultation 

16 with the State agency responsible for homeland secu17 rity, to carry out the provisions of this subtitle; and 

18 ‘‘(2) wherever possible, shall seek to cooperate 

19 with State agencies or their designees that oversee am20 monium nitrate facility operations when seeking co21 operative agreements to implement the registration 

22 and enforcement provisions of this subtitle. 

23 ‘‘(b) DELEGATION.— 


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1 ‘‘(1) AUTHORITY.—The Secretary may delegate 

2 to a State the authority to assist the Secretary in the 

3 administration and enforcement of this subtitle. 

4 ‘‘(2) DELEGATION REQUIRED.—At the request of 

5 a Governor of a State, the Secretary shall delegate to 

6 that State the authority to carry out functions under 

7 sections 899B and 899C, if the Secretary determines 

8 that the State is capable of satisfactorily carrying out 

9 such functions. 

10 ‘‘(3) FUNDING.—Subject to the availability of 

11 appropriations, if the Secretary delegates functions to 

12 a State under this subsection, the Secretary shall pro13 vide to that State sufficient funds to carry out the 

14 delegated functions. 

15 ‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MA16 TERIALS TO AMMONIUM NITRATE FACILITIES.— 

17 ‘‘(1) GUIDANCE.—The Secretary shall make 

18 available to each owner of an ammonium nitrate fa19 cility registered under section 899B(c)(1) guidance 

20 on— 

21 ‘‘(A) the identification of suspicious ammo22 nium nitrate purchases or transfers or attempted 

23 purchases or transfers; 

24 ‘‘(B) the appropriate course of action to be 

25 taken by the ammonium nitrate facility owner 


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1 with respect to such a purchase or transfer or at2 tempted purchase or transfer, including— 

3 ‘‘(i) exercising the right of the owner of 

4 the ammonium nitrate facility to decline 

5 sale of ammonium nitrate; and 

6 ‘‘(ii) notifying appropriate law en7 forcement entities; and 

8 ‘‘(C) additional subjects determined appro9 priate by to prevent the misappropriation or use 

10 of ammonium nitrate in an act of terrorism. 

11 ‘‘(2) USE OF MATERIALS AND PROGRAMS.—In 

12 providing guidance under this subsection, the Sec13 retary shall, to the extent practicable, leverage any 

14 relevant materials and programs. 

15 ‘‘(3) NOTIFICATION MATERIALS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 make available materials suitable for posting at 

18 locations where ammonium nitrate is sold. 

19 ‘‘(B) DESIGN OF MATERIALS.—Materials 

20 made available under subparagraph (A) shall be 

21 designed to notify prospective ammonium nitrate 

22 purchasers of— 

23 ‘‘(i) the record-keeping requirements 

24 under section 899B; and 


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1 ‘‘(ii) the penalties for violating such 

2 requirements. 

3 ‘‘SEC. 899E. THEFT REPORTING REQUIREMENT. 

4 ‘‘Any person who is required to comply with section 

5 899B(e) who has knowledge of the theft or unexplained loss 

6 of ammonium nitrate shall report such theft or loss to the 

7 appropriate Federal law enforcement authorities not later 

8 than 1 calendar day of the date on which the person becomes 

9 aware of such theft or loss. Upon receipt of such report, 

10 the relevant Federal authorities shall inform State, local, 

11 and tribal law enforcement entities, as appropriate. 

12 ‘‘SEC. 899F. PROHIBITIONS AND PENALTY. 

13 ‘‘(a) PROHIBITIONS.— 

14 ‘‘(1) TAKING POSSESSION.—No person shall take 

15 possession of ammonium nitrate from an ammonium 

16 nitrate facility unless such person is registered under 

17 subsection (c) or (d) of section 899B, or is an agent 

18 of a person registered under subsection (c) or (d) of 

19 that section. 

20 ‘‘(2) TRANSFERRING POSSESSION.—An owner of 

21 an ammonium nitrate facility shall not transfer pos22 session of ammonium nitrate from the ammonium ni23 trate facility to any person who is not registered 

24 under subsection (c) or (d) of section 899B, or is not 


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1 an agent of a person registered under subsection (c) 

2 or (d) of that section. 

3 ‘‘(3) OTHER PROHIBITIONS.—No person shall— 

4 ‘‘(A) buy and take possession of ammonium 

5 nitrate without a registration number required 

6 under subsection (c) or (d) of section 899B; 

7 ‘‘(B) own or operate an ammonium nitrate 

8 facility without a registration number required 

9 under section 899B(c); or 

10 ‘‘(C) fail to comply with any requirement 

11 or violate any other prohibition under this sub12 title. 

13 ‘‘(b) CIVIL PENALTY.—A person that violates this sub14 title may be assessed a civil penalty by the Secretary of 

15 not more than $50,000 per violation. 

16 ‘‘(c) PENALTY CONSIDERATIONS.—In determining the 

17 amount of a civil penalty under this section, the Secretary 

18 shall consider— 

19 ‘‘(1) the nature and circumstances of the viola20 tion; 

21 ‘‘(2) with respect to the person who commits the 

22 violation, any history of prior violations, the ability 

23 to pay the penalty, and any effect the penalty is like24 ly to have on the ability of such person to do business; 

25 and 


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1 ‘‘(3) any other matter that the Secretary deter2 mines that justice requires. 

3 ‘‘(d) NOTICE AND OPPORTUNITY FOR A HEARING.— 

4 No civil penalty may be assessed under this subtitle unless 

5 the person liable for the penalty has been given notice and 

6 an opportunity for a hearing on the violation for which 

7 the penalty is to be assessed in the county, parish, or incor8 porated city of residence of that person. 

9 ‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Para10 graphs (1) and (2) of subsection (a) shall apply on and 

11 after the date that is 6 months after the date that the Sec12 retary issues of a final rule implementing this subtitle. 

13 ‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY. 

14 ‘‘(a) IN GENERAL.—Notwithstanding any other provi15 sion of law, an owner of an ammonium nitrate facility that 

16 in good faith refuses to sell or transfer ammonium nitrate 

17 to any person, or that in good faith discloses to the Depart18 ment or to appropriate law enforcement authorities an ac19 tual or attempted purchase or transfer of ammonium ni20 trate, based upon a reasonable belief that the person seeking 

21 purchase or transfer of ammonium nitrate may use the am22 monium nitrate to create an explosive device to be employed 

23 in an act of terrorism (as defined in section 3077 of title 

24 18, United States Code), or to use ammonium nitrate for 

25 any other unlawful purpose, shall not be liable in any civil 


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1 action relating to that refusal to sell ammonium nitrate or 

2 that disclosure. 

3 ‘‘(b) REASONABLE BELIEF.—A reasonable belief that 

4 a person may use ammonium nitrate to create an explosive 

5 device to be employed in an act of terrorism under sub6 section (a) may not solely be based on the race, sex, national 

7 origin, creed, religion, status as a veteran, or status as a 

8 member of the Armed Forces of the United States of that 

9 person. 

10 ‘‘SEC. 899H. PREEMPTION OF OTHER LAWS. 

11 ‘‘(a) OTHER FEDERAL REGULATIONS.—Except as pro12 vided in section 899G, nothing in this subtitle affects any 

13 regulation issued by any agency other than an agency of 

14 the Department. 

15 ‘‘(b) STATE LAW.—Subject to section 899G, this sub16 title preempts the laws of any State to the extent that such 

17 laws are inconsistent with this subtitle, except that this sub18 title shall not preempt any State law that provides addi19 tional protection against the acquisition of ammonium ni20 trate by terrorists or the use of ammonium nitrate in explo21 sives in acts of terrorism or for other illicit purposes, as 

22 determined by the Secretary. 

23 ‘‘SEC. 899I. DEADLINES FOR REGULATIONS. 

24 ‘‘The Secretary— 


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1 ‘‘(1) shall issue a proposed rule implementing 

2 this subtitle not later than 6 months after the date of 

3 the enactment of this subtitle; and 

4 ‘‘(2) issue a final rule implementing this subtitle 

5 not later than 1 year after such date of enactment. 

6 ‘‘SEC. 899J. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘There are authorized to be appropriated to the Sec8 retary— 

9 ‘‘(1) $2,000,000 for fiscal year 2008; and 

10 ‘‘(2) $10,750,000 for each of fiscal years 2009 

11 through 2012.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents in 

13 section 1(b) of such Act is amended by inserting after the 

14 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.’’. 

15 SEC. 552. RISK MANAGEMENTAND ANALYSIS SPECIAL

16 EVENT; 2010 VANCOUVER OLYMPIC AND PARALYMPIC

17 GAMES. As soon as practicable, but not later than 3 months 

18 after the date of enactment of this Act, the Secretary of 

19 Homeland Security shall submit to the Committee on Ap20 propriations, the Committee on Homeland Security and 


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1 Governmental Affairs, and the Committee on Commerce, 

2 Science, and Transportation of the Senate and the Com3 mittee on Appropriations, the Committee on Homeland Se4 curity, and the Committee on Transportation and Infra5 structure of the House of Representatives a report regarding 

6 the plans of the Secretary of Homeland Security relating 

7 to— 

8 (1) implementing the recommendations regard9 ing the 2010 Vancouver Olympic and Paralympic 

10 Games in the Joint Explanatory Statement of the 

11 Committee of Conference on H.R. 5441 (109th Con12 gress), the Department of Homeland Security Appro13 priations Act, 2007, with specific funding strategies 

14 for— 

15 (A) the Multiagency Coordination Center; 

16 and 

17 (B) communications exercises to validate 

18 communications pathways, test equipment, and 

19 support the training and familiarization of per20 sonnel on the operations of the different tech21 nologies used to support the 2010 Vancouver 

22 Olympic and Paralympic Games; and 

23 (2) the feasibility of implementing a program to 

24 prescreen individuals traveling by rail between Van25 couver, Canada and Seattle, Washington during the 


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1 2010 Vancouver Olympic and Paralympic Games, 

2 while those individuals are located in Vancouver, 

3 Canada, similar to the preclearance arrangements in 

4 effect in Vancouver, Canada for certain flights be5 tween the United States and Canada. 

6 SEC. 553. IMPROVEMENTOF BARRIERS AT BORDER. 

7 Section 102 of the Illegal Immigration Reform and Immi8 grant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 

9 amended— 

10 (1) in subsection (a), by striking ‘‘Attorney Gen11 eral, in consultation with the Commissioner of Immi12 gration and Naturalization,’’ and inserting ‘‘Sec13 retary of Homeland Security’’; and 

14 (2) in subsection (b)— 

15 (A) in the subsection heading, by striking 

16 ‘‘IN THE BORDER AREA’’ and inserting ‘‘ALONG

17 THE BORDER’’; 

18 (B) by redesignating paragraphs (1), (2), 

19 (3), and (4) as paragraphs (2), (3), (4), and (5), 

20 respectively; 

21 (C) in paragraph (2), as redesignated— 

22 (i) in the paragraph heading, by strik23 ing ‘‘SECURITY FEATURES’’ and inserting 

24 ‘‘ADDITIONAL FENCING ALONG SOUTHWEST

25 BORDER’’; and 


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1 (ii) by striking subparagraphs (A) 

2 through (C) and inserting the following: 

3 ‘‘(A) REINFORCED FENCING.—In carrying 

4 out subsection (a), the Secretary of Homeland 

5 Security shall construct reinforced fencing along 

6 not less than 700 miles of the southwest border 

7 where fencing would be most practical and effec8 tive and provide for the installation of addi9 tional physical barriers, roads, lighting, cam10 eras, and sensors to gain operational control of 

11 the southwest border. 

12 ‘‘(B) PRIORITY AREAS.—In carrying out 

13 this section, the Secretary of Homeland Security 

14 shall— 

15 ‘‘(i) identify the 370 miles along the 

16 southwest border where fencing would be 

17 most practical and effective in deterring 

18 smugglers and aliens attempting to gain il19 legal entry into the United States; and 

20 ‘‘(ii) not later than December 31, 2008, 

21 complete construction of reinforced fencing 

22 along the 370 miles identified under clause 

23 (i). 

24 ‘‘(C) CONSULTATION.— 


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1 ‘‘(i) IN GENERAL.—In carrying out 

2 this section, the Secretary of Homeland Se3 curity shall consult with the Secretary of 

4 Interior, the Secretary of Agriculture, 

5 States, local governments, Indian tribes, 

6 and property owners in the United States 

7 to minimize the impact on the environment, 

8 culture, commerce, and quality of life for 

9 the communities and residents located near 

10 the sites at which such fencing is to be con11 structed. 

12 ‘‘(ii) SAVINGS PROVISION.—Nothing in 

13 this subparagraph may be construed to— 

14 ‘‘(I) create any right of action for 

15 a State, local government, or other per16 son or entity affected by this sub17 section; or 

18 ‘‘(II) affect the eminent domain 

19 laws of the United States or of any 

20 State. 

21 ‘‘(D) LIMITATION ON REQUIREMENTS.—Not22 withstanding subparagraph (A), nothing in this 

23 paragraph shall require the Secretary of Home24 land Security to install fencing, physical bar25 riers, roads, lighting, cameras, and sensors in a 


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1 particular location along an international bor2 der of the United States, if the Secretary deter3 mines that the use or placement of such resources 

4 is not the most appropriate means to achieve 

5 and maintain operational control over the inter6 national border at such location.’’; and 

7 (D) in paragraph (5), as redesignated, by 

8 striking ‘‘to carry out this subsection not to ex9 ceed $12,000,000’’ and inserting ‘‘such sums as 

10 may be necessary to carry out this subsection’’. 

11 SEC. 554. ACCOUNTABILITY IN GRANTAND CONTRACT

12 ADMINISTRATION. The Department of Homeland Security, 

13 through the Federal Emergency Management Agency, 

14 shall— 

15 (1) consider implementation, through fair and 

16 open competition, of management, tracking and ac17 countability systems to assist in managing grant allo18 cations, distribution, expenditures, and asset tracking; 

19 and 

20 (2) consider any efficiencies created through co21 operative purchasing agreements. 

22 SEC. 555. None of the funds made available in this 

23 Act may be used to destroy or put out to pasture any horse 

24 or other equine belonging to the Federal Government that 

25 has become unfit for service, unless the trainer or handler 


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1 is first given the option to take possession of the equine 

2 through an adoption program that has safeguards against 

3 slaughter and inhumane treatment. 

4 SEC. 556. INTERNATIONAL REGISTERED TRAVELER

5 PROGRAM. Section 7208(k)(3) of the Intelligence Reform 

6 and Terrorism Prevention Act of 2004 (8 U.S.C. 

7 1365b(k)(3)) is amended to read as follows: 

8 ‘‘(3) INTERNATIONAL REGISTERED TRAVELER

9 PROGRAM.— 

10 ‘‘(A) IN GENERAL.—The Secretary of Home11 land Security shall establish an international 

12 registered traveler program that incorporates 

13 available technologies, such as biometrics and e14 passports, and security threat assessments to ex15 pedite the screening and processing of inter16 national travelers, including United States Citi17 zens and residents, who enter and exit the 

18 United States. The program shall be coordinated 

19 with the US–VISIT program, other pre-screening 

20 initiatives, and the Visa Waiver Program within 

21 the Department of Homeland Security. 

22 ‘‘(B) FEES.—The Secretary may impose a 

23 fee for the program established under subpara24 graph (A) and may modify such fee from time 

25 to time. The fee may not exceed the aggregate 


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1 costs associated with the program and shall be 

2 credited to the Department of Homeland Secu3 rity for purposes of carrying out the program. 

4 Amounts so credited shall remain available until 

5 expended. 

6 ‘‘(C) RULEMAKING.—Within 365 days after 

7 the date of enactment of this paragraph, the Sec8 retary shall initiate a rulemaking to establish 

9 the program, criteria for participation, and the 

10 fee for the program. 

11 ‘‘(D) IMPLEMENTATION.—Not later than 2 

12 years after the date of enactment of this para13 graph, the Secretary shall establish a phased-im14 plementation of a biometric-based international 

15 registered traveler program in conjunction with 

16 the US–VISIT entry and exit system, other pre17 screening initiatives, and the Visa Waiver Pro18 gram within the Department of Homeland Secu19 rity at United States airports with the highest 

20 volume of international travelers. 

21 ‘‘(E) PARTICIPATION.—The Secretary shall 

22 ensure that the international registered traveler 

23 program includes as many participants as prac24 ticable by— 


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1 ‘‘(i) establishing a reasonable cost of 

2 enrollment; 

3 ‘‘(ii) making program enrollment con4 venient and easily accessible; and 

5 ‘‘(iii) providing applicants with clear 

6 and consistent eligibility guidelines.’’. 

7 SEC. 557. REPORTON THE PERFORMANCE ACCOUNT8 ABILITY AND STANDARDS SYSTEM OF THE TRANSPOR9 TATION SECURITY ADMINISTRATION. Not later than March 

10 1, 2008, the Transportation Security Administration shall 

11 submit a report to the Committees on Appropriations of the 

12 Senate and the House of Representatives, the Committee on 

13 Homeland Security and Governmental Affairs of the Sen14 ate, the Committee on Commerce, Science, and Transpor15 tation of the Senate, the Committee on Homeland Security 

16 of the House of Representatives, and the Committee on 

17 Transportation and Infrastructure of the House of Rep18 resentatives on the implementation of the Performance Ac19 countability and Standards System, including— 

20 (1) the number of employees who achieved each 

21 level of performance; 

22 (2) a comparison between managers and non23 managers relating to performance and pay increases; 


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1 (3) the type and amount of all pay increases 

2 that have taken effect for each level of performance; 

3 and 

4 (4) the attrition of employees covered by the Per5 formance Accountability and Standards System. 

6 SEC. 558. SHARED BORDER MANAGEMENT. (a) 

7 STUDY.—The Comptroller General of the United States 

8 shall conduct a study on the Department of Homeland Se9 curity’s use of shared border management to secure the 

10 international borders of the United States. 

11 (b) REPORT.—The Comptroller General shall submit 

12 a report to Congress that describes— 

13 (1) any negotiations, plans, or designs conducted 

14 by officials of the Department of Homeland Security 

15 regarding the practice of shared border management; 

16 and 

17 (2) the factors required to be in place for shared 

18 border management to be successful. 

19 SEC. 559. Amounts authorized to be appropriated in 

20 the Border Law Enforcement Relief Act of 2007 are in21 creased by $50,000,000 for each of the fiscal years 2008 

22 through 2012. 

23 SEC. 560. GAO STUDY OF COSTOF FENCING ON THE

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1 QUIRED.—The Comptroller of the United States shall con2 duct a study examining— 

3 (1) the total amount of money that has been ex4 pended, as of June 20, 2007, to construct 90 miles of 

5 fencing on the southern border of the United States; 

6 (2) the average cost per mile of the 90 miles of 

7 fencing on the southern border as of June 20, 2007; 

8 (3) the average cost per mile of the 370 miles of 

9 fencing that the Department of Homeland Security is 

10 required to have completed on the southern border by 

11 December 31, 2008, which shall include 

12 $1,187,000,000 appropriated in fiscal year 2007 for 

13 ‘‘border security fencing, technology, and infrastruc14 ture’’ and the $1,000,000,000 appropriated under this 

15 Act under the heading ‘‘Border Security Fencing, In16 frastructure, and Technology’’; 

17 (4) the total cost and average cost per mile to 

18 construct the 700 linear miles (854 topographical 

19 miles) of fencing on the southern border required to 

20 be constructed under section 102(b) of the Illegal Im21 migration Reform and Immigrant Responsibility Act 

22 of 1996, as amended by section 3 of the Secure Fence 

23 Act of 2006 (Public Law 109–367); 

24 (5) the total cost and average cost per mile to 

25 construct the fencing described in paragraph (4) if the 


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1 double layer fencing requirement were eliminated; 

2 and 

3 (6) the number of miles of single layer fencing, 

4 if fencing were not accompanied by additional tech5 nology and infrastructure such as cameras, sensors, 

6 and roads, which could be built with the 

7 $1,187,000,000 appropriated in fiscal year 2007 for 

8 ‘‘border security fencing, technology, and infrastruc9 ture’’ and the $1,000,000,000 appropriated under this 

10 Act under the heading ‘‘Border Security Fencing, In11 frastructure, and Technology’’. 

12 (b) SUBMISSION OF REPORT.—Not later than 1 year 

13 after the date of the enactment of this Act, the Comptroller 

14 General shall submit a report on the results of the study 

15 conducted pursuant to subsection (a) to— 

16 (1) the Committee on Appropriations of the Sen17 ate; 

18 (2) the Committee on the Judiciary of the Sen19 ate; 

20 (3) the Committee on Appropriations of the 

21 House of Representatives; and 

22 (4) the Committee on the Judiciary of the House 

23 of Representatives. 

24 SEC. 561. SENSE OF SENATE ON IMMIGRATION.—(a) 

25 FINDINGS.—The Senate makes the following findings: 


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1 (1) On June 28th, 2007, the Senate, by a vote 

2 of 46 to 53, rejected a motion to invoke cloture on a 

3 bill to provide for comprehensive immigration reform. 

4 (2) Illegal immigration remains the top domestic 

5 issue in the United States. 

6 (3) The people of the United States continue to 

7 feel the effects of a failed immigration system on a 

8 daily basis, and they have not forgotten that Congress 

9 and the President have a duty to address the issue of 

10 illegal immigration and the security of the inter11 national borders of the United States. 

12 (4) People from across the United States have 

13 shared with members of the Senate their wide ranging 

14 and passionate opinions on how best to reform the 

15 immigration system. 

16 (5) There is no consensus on an approach to 

17 comprehensive immigration reform that does not first 

18 secure the international borders of the United States. 

19 (6) There is unanimity that the Federal Govern20 ment has a responsibility to, and immediately should, 

21 secure the international borders of the United States. 

22 (7) Border security is an integral part of na23 tional security. 

24 (8) The greatest obstacle the Federal Government 

25 faces with respect to the people of the United States 


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1 is a lack of trust that the Federal Government will se2 cure the international borders of the United States. 

3 (9) This lack of trust is rooted in the past fail4 ures of the Federal Government to uphold and enforce 

5 immigration laws and the failure of the Federal Gov6 ernment to secure the international borders of the 

7 United States. 

8 (10) Failure to uphold and enforce immigration 

9 laws has eroded respect for those laws and eliminated 

10 the faith of the people of the United States in the abil11 ity of their elected officials to responsibly administer 

12 immigration programs. 

13 (11) It is necessary to regain the trust of the peo14 ple of the United States in the competency of the Fed15 eral Government to enforce immigration laws and 

16 manage the immigration system. 

17 (12) Securing the borders of the United States 

18 would serve as a starting point to begin to address 

19 other issues surrounding immigration reform on 

20 which there is not consensus. 

21 (13) Congress has not fully funded some interior 

22 and border security activities that it has authorized. 

23 (14) The President of the United States can ini24 tiate emergency spending by designating certain 


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1 spending as ‘‘emergency spending’’ in a request to the 

2 Congress. 

3 (15) The lack of security on the international 

4 borders of the United States rises to the level of an 

5 emergency. 

6 (16) The Border Patrol are apprehending some, 

7 but not all, individuals from countries that the Sec8 retary of State has determined have repeatedly pro9 vided support for acts of international terrorism who 

10 cross or attempt to cross illegally into the United 

11 States. 

12 (17) The Federal Bureau of Investigation is in13 vestigating a human smuggling ring that has been 

14 bringing Iraqis and other Middle Eastern individuals 

15 across the international borders of the United States. 

16 (b) SENSE OF SENATE.—It is the sense of Senate 

17 that— 

18 (1) the Federal Government should work to re19 gain the trust of the people of the United States in 

20 its ability of the Federal Government to secure the 

21 international borders of the United States; 

22 (2) in order to restore the credibility of the Fed23 eral Government on this critical issue, the Federal 

24 Government should prove its ability to enforce immi25 gration laws by taking actions such as securing the 


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1 border, stopping the flow of illegal immigrants and 

2 drugs into the United States, and creating a tamper3 proof biometric identification card for foreign work4 ers; and 

5 (3) the President should request emergency 

6 spending that fully funds— 

7 (A) existing interior and border security 

8 authorizations that have not been funded by 

9 Congress; and 

10 (B) the border and interior security initia11 tives contained in the bill to provide for com12 prehensive immigration reform and for other 

13 purposes (S. 1639) introduced in the Senate on 

14 June 18, 2007. 

15 SEC. 562. ENSURING THE SAFETY OF AGRICULTURAL

16 IMPORTS.—(a) FINDINGS.—Congress makes the following 

17 findings: 

18 (1) The Food and Drug Administration, as part 

19 of its responsibility to ensure the safety of food and 

20 other imports, maintains a presence at 91 of the 320 

21 points of entry into the United States. 

22 (2) United States Customs and Border Protec23 tion personnel are responsible for monitoring imports 

24 and alerting the Food and Drug Administration to 


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1 suspicious material entering the United States at the 

2 remaining 229 points of entry. 

3 (b) REPORT.—The Commissioner of U.S. Customs and 

4 Border Protection shall submit a report to Congress that 

5 describes the training of U.S. Customs and Border Protec6 tion personnel to effectively assist the Food and Drug Ad7 ministration in monitoring our Nation’s food supply. 

8 SEC. 563. (a) STUDY ON IMPLEMENTATION OF VOL9 UNTARY PROVISION OF EMERGENCY SERVICES PROGRAM.— 

10 (1) Not later than 180 days after the date of the 

11 enactment of this Act, the Administrator of the Trans12 portation Security Administration shall conduct a 

13 study on the implementation of the voluntary provi14 sion of emergency services program established pursu15 ant to section 44944(a) of title 49, United States Code 

16 (referred to in this section as the ‘‘program’’). 

17 (2) As part of the study required by paragraph 

18 (1), the Administrator shall assess the following: 

19 (A) Whether training protocols established 

20 by air carriers and foreign air carriers include 

21 training pertinent to the program and whether 

22 such training is effective for purposes of the pro23 gram. 

24 (B) Whether employees of air carriers and 

25 foreign air carriers responsible for implementing 


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1 the program are familiar with the provisions of 

2 the program. 

3 (C) The degree to which the program has 

4 been implemented in airports. 

5 (D) Whether a helpline or other similar 

6 mechanism of assistance provided by an air car7 rier, foreign air carrier, or the Transportation 

8 Security Administration should be established to 

9 provide assistance to employees of air carriers 

10 and foreign air carriers who are uncertain of the 

11 procedures of the program. 

12 (3) In making the assessment required by para13 graph (2)(C), the Administrator may make use of un14 announced interviews or other reasonable and effective 

15 methods to test employees of air carriers and foreign 

16 air carriers responsible for registering law enforce17 ment officers, firefighters, and emergency medical 

18 technicians as part of the program. 

19 (4)(A) Not later than 60 days after the comple20 tion of the study required by paragraph (1), the Ad21 ministrator shall submit to Congress a report on the 

22 findings of such study. 

23 (B) The Administrator shall make such re24 port available to the public by Internet web site 

25 or other appropriate method. 


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1 (b) PUBLICATION OF REPORT PREVIOUSLY SUB2 MITTED.—The Administrator shall make available to the 

3 public on the Internet web site of the Transportation Secu4 rity Administration or the Department of Homeland Secu5 rity the report required by section 554(b) of the Department 

6 of Homeland Security Appropriations Act, 2007 (Public 

7 Law 109–295). 

8 (c) MECHANISM FOR REPORTING PROBLEMS.—The 

9 Administrator shall develop a mechanism on the Internet 

10 web site of the Transportation Security Administration or 

11 the Department of Homeland Security by which first re12 sponders may report problems with or barriers to volun13 teering in the program. Such mechanism shall also provide 

14 information on how to submit comments related to volun15 teering in the program. 

16 (d) AIR CARRIER AND FOREIGN AIR CARRIER DE17 FINED.—In this section, the terms ‘‘air carrier’’ and ‘‘for18 eign air carrier’’ have the meaning given such terms in sec19 tion 40102 of title 49, United States Code. 

20 SEC. 564. None of the funds appropriated or otherwise 

21 made available by this Act may be used to enter into a 

22 contract in an amount greater than $5,000,000 or to award 

23 a grant in excess of such amount unless the prospective con24 tractor or grantee certifies in writing to the agency award25 ing the contract or grant that the contractor or grantee has 


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1 no unpaid Federal tax assessments, that the contractor or 

2 grantee has entered into an installment agreement or offer 

3 in compromise that has been accepted by the IRS to resolve 

4 any unpaid Federal tax assessments, or, in the case of un5 paid Federal tax assessments other than for income, estate, 

6 and gift taxes, that the liability for the unpaid assessments 

7 is the subject of a non-frivolous administrative or judicial 

8 appeal. For purposes of the preceding sentence, the certifi9 cation requirement of part 52.209–5 of the Federal Acquisi10 tion Regulation shall also include a requirement for a cer11 tification by a prospective contractor of whether, within the 

12 three-year period preceding the offer for the contract, the 

13 prospective contractor— 

14 (1) has or has not been convicted of or had a 

15 civil judgment or other judicial determination ren16 dered against the contractor for violating any tax law 

17 or failing to pay any tax; 

18 (2) has or has not been notified of any delin19 quent taxes for which the liability remains 

20 unsatisfied; or 

21 (3) has or has not received a notice of a tax lien 

22 filed against the contractor for which the liability re23 mains unsatisfied or for which the lien has not been 

24 released. 


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1 SEC. 565. TRANSPORTATION FACILITY ACCESS CON2 TROL PROGRAMS. 

3 The Secretary of Homeland Security shall work with 

4 appropriate officials of Florida and of other States to re5 solve the differences between the Transportation Worker 

6 Identification Credential program administered by the 

7 Transportation Security Administration and existing State 

8 transportation facility access control programs. 

9 SEC. 566. None of the funds made available in this 

10 Act may be used for planning, testing, piloting, or devel11 oping a national identification card. 

12 SEC. 567. ADDITIONAL ASSISTANCE FOR PREPARA13 TION OF PLANS. 

14 Subparagraph (L) of section 33(b)(3) of the Federal 

15 Fire Prevention and Control Act of 1974 (15 U.S.C. 

16 2229(b)(3)) is amended to read as follows: 

17 ‘‘(L) To fund fire prevention programs, in18 cluding planning and preparation for wildland 

19 fires.’’. 

20 SEC. 568. SENSE OF CONGRESS. It is the sense of Con21 gress that sufficient funds should be appropriated to allow 

22 the Secretary to increase the number of personnel of U.S. 

23 Customs and Border Protection protecting the northern bor24 der by 1,517 officers and 788 agents, as authorized by— 


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1 (1) section 402 of the Uniting and Strengthening 

2 America by Providing Appropriate Tools Required to 

3 Intercept and Obstruct Terrorism (USA PATRIOT 

4 ACT) Act of 2001 (Public Law 107–56); 

5 (2) section 331 of the Trade Act of 2002 (Public 

6 Law 107–210); and 

7 (3) section 5202 of the Intelligence Reform and 

8 Terrorism Prevention Act of 2004 (Public Law 108– 

9 458). 

10 SEC. 569. STUDY OF RADIO COMMUNICATIONS ALONG

11 THE INTERNATIONAL BORDERS OF THE UNITED STATES.— 

12 (a) IN GENERAL.—Not later than 180 days after the date 

13 of the enactment of this Act, the Secretary of Homeland Se14 curity shall conduct a study to determine the areas along 

15 the international borders of the United States where Federal 

16 and State law enforcement officers are unable to achieve 

17 radio communication or where radio communication is in18 adequate. 

19 (b) DEVELOPMENTOF PLAN.— 

20 (1) IN GENERAL.—Upon the conclusion of the 

21 study described in subsection (a), the Secretary shall 

22 develop a plan for enhancing radio communication 

23 capability along the international borders of the 

24 United States. 


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1 (2) CONTENTS.—The plan developed under para2 graph (1) shall include— 

3 (A) an estimate of the costs required to im4 plement the plan; and 

5 (B) a description of the ways in which Fed6 eral, State, and local law enforcement officers 

7 could benefit from the implementation of the 

8 plan. 

9 SEC. 570. Of the funds provided under this Act or any 

10 other Act to United States Citizenship and Immigration 

11 Services, not less than $1,000,000 shall be provided for a 

12 benefits fraud assessment of the H–1B Visa Program. 

13 SEC. 571. (a) REPORTON INTERAGENCY OPERATIONAL

14 CENTERS FOR PORT SECURITY.—Not later than 180 days 

15 after the date of the enactment of this Act, the Commandant 

16 of the Coast Guard shall submit to Congress a report, and 

17 make the report available on its website, on the implementa18 tion and use of interagency operational centers for port se19 curity under section 70107A of title 46, United States Code. 

20 (b) ELEMENTS.—The report required by subsection 

21 shall include the following: 

22 (1) A detailed description of the progress made 

23 in transitioning Project Seahawk in Charleston, 

24 South Carolina, from the Department of Justice to 


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1 the Coast Guard, including all projects and equip2 ment associated with that project. 

3 (2) A detailed description of that actions being 

4 taken to assure the integrity of Project Seahawk and 

5 ensure there is no loss in cooperation between the 

6 agencies specified in section 70107A(b)(3) of title 46, 

7 United State Code. 

8 (3) A detailed description and explanation of 

9 any changes in Project Seahawk as of the date of the 

10 report, including any changes in Federal, State, or 

11 local staffing of that project. 

12 SEC. 572. (a) The amount appropriated by title III 

13 for necessary expenses for programs authorized by the Fed14 eral Fire Prevention and Control Act of 1974 under the 

15 heading ‘‘FIREFIGHTER ASSISTANCE GRANTS’’ is hereby in16 creased by $5,000,000 for necessary expenses to carry out 

17 the programs authorized under section 34 of that Act (15 

18 U.S.C. 2229a). 

19 (b) The amount appropriated by title III under the 

20 heading ‘‘INFRASTRUCTURE PROTECTION AND INFORMATION

21 SECURITY’’ is hereby reduced by $5,000,000. 

22 SEC. 573. TSA ACQUISITION MANAGEMENT POLICY. 

23 (a) IN GENERAL.—Section 114 of title 49, United States 

24 Code, is amended by striking subsection (o) and redesigVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 nating subsections (p) through (t) as subsections (o) through 

2 (s), respectively. 

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect 180 days after the date of enact5 ment of this Act. 

6 SEC. 574. REPORTON URBAN AREA SECURITY INITIA7 TIVE. Not later than 180 days after the date of enactment 

8 of this Act, the Government Accountability Office shall sub9 mit a report to the appropriate congressional committees 

10 which describes the criteria and factors the Department of 

11 Homeland Security uses to determine the regional bound12 aries for Urban Area Security Initiative regions, including 

13 a determination if the Department is meeting its goal to 

14 implement a regional approach with respect to Urban Area 

15 Security Initiative regions, and provides recommendations 

16 for how the Department can better facilitate a regional ap17 proach for Urban Area Security Initiative regions. 

18 SEC. 575. (a) In this section: 

19 (1) The term ‘‘covered funds’’ means funds pro20 vided under section 173 of the Workforce Investment 

21 Act of 1998 (29 U.S.C. 2918) to a State that submits 

22 an application under that section not earlier than 

23 May 4, 2007, for a national emergency grant to ad24 dress the effects of the May 4, 2007, Greensburg, Kan25 sas tornado. 


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1 (2) The term ‘‘professional municipal services’’ 

2 means services that are necessary to facilitate the re3 covery of Greensburg, Kansas from that tornado, and 

4 necessary to plan for or provide basic management 

5 and administrative services, which may include— 

6 (A) the overall coordination of disaster re7 covery and humanitarian efforts, oversight, and 

8 enforcement of building code compliance, and co9 ordination of health and safety response units; or 

10 (B) the delivery of humanitarian assistance 

11 to individuals affected by that tornado. 

12 (b) Covered funds may be used to provide temporary 

13 public sector employment and services authorized under sec14 tion 173 of such Act to individuals affected by such tornado, 

15 including individuals who were unemployed on the date of 

16 the tornado, or who are without employment history, in ad17 dition to individuals who are eligible for disaster relief em18 ployment under section 173(d)(2) of such Act. 

19 (c) Covered funds may be used to provide professional 

20 municipal services for a period of not more than 24 months, 

21 by hiring or contracting with individuals or organizations 

22 (including individuals employed by contractors) that the 

23 State involved determines are necessary to provide profes24 sional municipal services. 


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1 (d) Covered funds expended under this section may be 

2 spent on costs incurred not earlier than May 4, 2007. 

3 SEC. 576. DATA RELATING TO DECLARATIONS OF A

4 MAJOR DISASTER. (a) IN GENERAL.—Notwithstanding any 

5 other provision of this Act, except as provided in subsection 

6 (b), and 30 days after the date that the President determines 

7 whether to declare a major disaster because of an event and 

8 any appeal is completed, the Administrator shall submit 

9 to the Committee on Homeland Security and Governmental 

10 Affairs of the Senate and the Committee on Homeland Se11 curity of the House of Representatives, and the Senate Com12 mittee on Appropriations, and publish on the website of the 

13 Federal Emergency Management Agency, a report regard14 ing that decision, which shall summarize damage assess15 ment information used to determine whether to declare a 

16 major disaster. 

17 (b) EXCEPTION.—The Administrator may redact from 

18 a report under subsection (a) any data that the Adminis19 trator determines would compromise national security. 

20 (c) DEFINITIONS.—In this section— 

21 (1) the term ‘‘Administrator’’ means the Admin22 istrator of the Federal Emergency Management Agen23 cy; and 

24 (2) the term ‘‘major disaster’’ has the meaning 

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1 ford Disaster Relief and Emergency Assistance Act 

2 (42 U.S.C. 5122). 

3 SEC. 577. NATIONAL TRANSPORTATION SECURITY

4 CENTER OF EXCELLENCE.—If the Secretary of Homeland 

5 Security establishes a National Transportation Security 

6 Center of Excellence to conduct research and education ac7 tivities, and to develop or provide professional security 

8 training, including the training of transportation employ9 ees and transportation professionals, the Mineta Transpor10 tation Institute at San Jose State University may be in11 cluded as a member institution of such Center. 

12 SEC. 578. Of amounts appropriated under section 

13 1003, $100,000,000, with $50,000,000 each to the Cities of 

14 Denver, Colorado, and St. Paul, Minnesota, shall be avail15 able for State and local law enforcement entities for security 

16 and related costs, including overtime, associated with the 

17 Democratic National Conventional and Republican Na18 tional Convention in 2008. Amounts provided by this sec19 tion are designated as an emergency requirement pursuant 

20 to section 204 of S. Con. Res. 21 (110th Congress). 

21 TITLE VI—BORDER LAW ENFORCEMENT RELIEF 

22 ACT 

23 SEC. 601. SHORT TITLE. 

24 This title may be cited as the ‘‘Border Law Enforce25 ment Relief Act of 2007’’. 


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1 SEC. 602. BORDER RELIEF GRANT PROGRAM. 

2 (a) GRANTS AUTHORIZED.— 

3 (1) IN GENERAL.—The Secretary is authorized to 

4 award grants, subject to the availability of appro5 priations, to an eligible law enforcement agency to 

6 provide assistance to such agency to address— 

7 (A) criminal activity that occurs in the ju8 risdiction of such agency by virtue of such agen9 cy’s proximity to the United States border; and 

10 (B) the impact of any lack of security along 

11 the United States border. 

12 (2) DURATION.—Grants may be awarded under 

13 this subsection during fiscal years 2008 through 2012. 

14 (3) COMPETITIVE BASIS.—The Secretary shall 

15 award grants under this subsection on a competitive 

16 basis, except that the Secretary shall give priority to 

17 applications from any eligible law enforcement agen18 cy serving a community— 

19 (A) with a population of less than 50,000; 

20 and 

21 (B) located no more than 100 miles from a 

22 United States border with— 

23 (i) Canada; or 

24 (ii) Mexico. 


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1 (b) USE OF FUNDS.—Grants awarded pursuant to 

2 subsection (a) may only be used to provide additional re3 sources for an eligible law enforcement agency to address 

4 criminal activity occurring along any such border, includ5 ing— 

6 (1) to obtain equipment; 

7 (2) to hire additional personnel; 

8 (3) to upgrade and maintain law enforcement 

9 technology; 

10 (4) to cover operational costs, including overtime 

11 and transportation costs; and 

12 (5) such other resources as are available to assist 

13 that agency. 

14 (c) APPLICATION.— 

15 (1) IN GENERAL.—Each eligible law enforcement 

16 agency seeking a grant under this section shall submit 

17 an application to the Secretary at such time, in such 

18 manner, and accompanied by such information as the 

19 Secretary may reasonably require. 

20 (2) CONTENTS.—Each application submitted 

21 pursuant to paragraph (1) shall— 

22 (A) describe the activities for which assist23 ance under this section is sought; and 


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1 (B) provide such additional assurances as 

2 the Secretary determines to be essential to ensure 

3 compliance with the requirements of this section. 

4 (d) DEFINITIONS.—For the purposes of this section: 

5 (1) ELIGIBLE LAW ENFORCEMENTAGENCY.—The 

6 term ‘‘eligible law enforcement agency’’ means a trib7 al, State, or local law enforcement agency— 

8 (A) located in a county no more than 100 

9 miles from a United States border with— 

10 (i) Canada; or 

11 (ii) Mexico; or 

12 (B) located in a county more than 100 

13 miles from any such border, but where such 

14 county has been certified by the Secretary as a 

15 High Impact Area. 

16 (2) HIGH IMPACTAREA.—The term ‘‘High Im17 pact Area’’ means any county designated by the Sec18 retary as such, taking into consideration— 

19 (A) whether local law enforcement agencies 

20 in that county have the resources to protect the 

21 lives, property, safety, or welfare of the residents 

22 of that county; 

23 (B) the relationship between any lack of se24 curity along the United States border and the 


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1 rise, if any, of criminal activity in that county; 

2 and 

3 (C) any other unique challenges that local 

4 law enforcement face due to a lack of security 

5 along the United States border. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Department of Homeland Secu8 rity. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—There are authorized to be ap11 propriated $50,000,000 for each of fiscal years 2008 

12 through 2012 to carry out the provisions of this sec13 tion. 

14 (2) DIVISION OF AUTHORIZED FUNDS.—Of the 

15 amounts authorized under paragraph (1)— 

(A) 2 16 ⁄3 shall be set aside for eligible law en17 forcement agencies located in the 6 States with 

18 the largest number of undocumented alien appre19 hensions; and 

(B) 1 20 ⁄3 shall be set aside for areas des21 ignated as a High Impact Area under subsection 

22 (d). 

23 (f) SUPPLEMENT NOT SUPPLANT.—Amounts appro24 priated for grants under this section shall be used to suppleVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 ment and not supplant other State and local public funds 

2 obligated for the purposes provided under this title. 

3 SEC. 603. Enforcement of Federal Immigration Law. 

4 Nothing in this title shall be construed to authorize 

5 State or local law enforcement agencies or their officers to 

6 exercise Federal immigration law enforcement authority. 

7 TITLE VII—BORDER INFRASTRUCTURE AND 

8 TECHNOLOGY MODERNIZATION 

9 SEC. 701. SHORT TITLE. 

10 This title may be cited as the ‘‘Border Infrastructure 

11 and Technology Modernization Act of 2007’’. 

12 SEC. 702. DEFINITIONS.—In this title: 

13 (1) COMMISSIONER.—The term ‘‘Commissioner’’ 

14 means the Commissioner of United States Customs 

15 and Border Protection of the Department of Home16 land Security. 

17 (2) MAQUILADORA.—The term ‘‘maquiladora’’ 

18 means an entity located in Mexico that assembles and 

19 produces goods from imported parts for export to the 

20 United States. 

21 (3) NORTHERN BORDER.—The term ‘‘northern 

22 border’’ means the international border between the 

23 United States and Canada. 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Homeland Security. 


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1 (5) SOUTHERN BORDER.—The term ‘‘southern 

2 border’’ means the international border between the 

3 United States and Mexico. 

4 SEC. 703. HIRING AND TRAINING OF BORDER AND

5 TRANSPORTATION SECURITY PERSONNEL.—(a) OFFICERS

6 AND AGENTS.— 

7 (1) INCREASE IN OFFICERS AND AGENTS.—Sub8 ject to the availability of appropriations, during each 

9 of fiscal years 2009 through 2013, the Secretary 

10 shall— 

11 (A) increase the number of full-time agents 

12 and associated support staff in United States 

13 Immigration and Customs Enforcement of the 

14 Department of Homeland Security by the equiv15 alent of at least 100 more than the number of 

16 such employees as of the end of the preceding fis17 cal year; and 

18 (B) increase the number of full-time officers, 

19 agricultural specialists, and associated support 

20 staff in United States Customs and Border Pro21 tection by the equivalent of at least 200 more 

22 than the number of such employees as of the end 

23 of the preceding fiscal year. 

24 (2) WAIVER OF FTE LIMITATION.—The Secretary 

25 is authorized to waive any limitation on the number 


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1 of full-time equivalent personnel assigned to the De2 partment of Homeland Security to fulfill the require3 ments of paragraph (1). 

4 (b) TRAINING.—As necessary, the Secretary, acting 

5 through the Assistant Secretary for the United States Immi6 gration and Customs Enforcement and the Commissioner, 

7 shall provide appropriate training for agents, officers, agri8 cultural specialists, and associated support staff of the De9 partment of Homeland Security to utilize new technologies 

10 and to ensure that the proficiency levels of such personnel 

11 are acceptable to protect the borders of the United States. 

12 SEC. 704. PORTOF ENTRY INFRASTRUCTURE ASSESS13 MENT STUDY.—(a) REQUIREMENT TO UPDATE.—Not later 

14 than January 31 of every other year, the Commissioner, 

15 in consultation with the Administrator of General Services 

16 shall— 

17 (1) review— 

18 (A) the Port of Entry Infrastructure Assess19 ment Study prepared by the United States Cus20 toms Service, the Immigration and Naturaliza21 tion Service, and the General Services Adminis22 tration in accordance with the matter relating to 

23 the ports of entry infrastructure assessment set 

24 forth in the joint explanatory statement on page 


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1 67 of conference report 106–319, accompanying 

2 Public Law 106–58; and 

3 (B) the nationwide strategy to prioritize 

4 and address the infrastructure needs at the land 

5 ports of entry prepared by the Department of 

6 Homeland Security and the General Services Ad7 ministration in accordance with the committee 

8 recommendations on page 22 of Senate report 

9 108–86, accompanying Public Law 108–90; 

10 (2) update the assessment of the infrastructure 

11 needs of all United States land ports of entry; and 

12 (3) submit an updated assessment of land port 

13 of entry infrastructure needs to Congress. 

14 (b) CONSULTATION.—In preparing the updated studies 

15 required under subsection (a), the Commissioner and the 

16 Administrator of General Services shall consult with the Di17 rector of the Office of Management and Budget, the Sec18 retary, and affected State and local agencies on the northern 

19 and southern borders of the United States. 

20 (c) CONTENT.—Each updated study required in sub21 section (a) shall— 

22 (1) identify port of entry infrastructure and 

23 technology improvement projects that would enhance 

24 border security and facilitate the flow of legitimate 

25 commerce if implemented; 


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1 (2) include the projects identified in the National 

2 Land Border Security Plan required by section 805; 

3 and 

4 (3) prioritize the projects described in para5 graphs (1) and (2) based on the ability of a project— 

6 (A) to enhance the ability of United States 

7 Customs and Border Protection to achieve its 

8 mission and to support operations; 

9 (B) to fulfill security requirements; and 

10 (C) facilitate trade across the borders of the 

11 United States. 

12 (d) PROJECT IMPLEMENTATION.—The Commissioner, 

13 as appropriate, shall— 

14 (1) implement the infrastructure and technology 

15 improvement projects described in subsection (c) in 

16 the order of priority assigned to each project under 

17 subsection (c)(3); or 

18 (2) forward the prioritized list of infrastructure 

19 and technology improvement projects to the Adminis20 trator of General Services for implementation in the 

21 order of priority assigned to each project under sub22 section (c)(3). 

23 (e) DIVERGENCE FROM PRIORITIES.—The Commis24 sioner may diverge from the priority order if the Commis25 sioner determines that significantly changed circumstances, 


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1 including immediate security needs, changes in infrastruc2 ture in Mexico or Canada, or similar concerns, compel3 lingly alter the need for a project in the United States. 

4 SEC. 705. NATIONAL LAND BORDER SECURITY

5 PLAN.—(a) REQUIREMENTFOR PLAN.—Not later than 

6 January 31 of every other year, the Secretary, acting 

7 through the Commissioner, shall prepare a National Land 

8 Border Security Plan and submit such plan to Congress. 

9 (b) CONSULTATION.—In preparing the plan required 

10 under subsection (a), the Commissioner shall consult with 

11 other appropriate Federal agencies, State and local law en12 forcement agencies, and private entities that are involved 

13 in international trade across the northern or southern bor14 der. 

15 (c) VULNERABILITY ASSESSMENT.— 

16 (1) IN GENERAL.—The plan required under sub17 section (a) shall include a vulnerability, risk, and 

18 threat assessment of each port of entry located on the 

19 northern border or the southern border. 

20 (2) PORT SECURITY COORDINATORS.—The Sec21 retary, acting through the Commissioner, may estab22 lish 1 or more port security coordinators at each port 

23 of entry located on the northern border or the south24 ern border— 


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1 (A) to assist in conducting a vulnerability 

2 assessment at such port; and 

3 (B) to provide other assistance with the 

4 preparation of the plan required under sub5 section (a). 

6 (d) COORDINATION WITH THE SECURE BORDER INI7 TIATIVE.—The plan required under subsection (a) shall in8 clude a description of activities undertaken during the pre9 vious year as part of the Secure Border Initiative and ac10 tions planned for the coming year as part of the Secure 

11 Border Initiative. 

12 SEC. 706. EXPANSION OF COMMERCE SECURITY PRO13 GRAMS.—(a) COMMERCE SECURITY PROGRAMS.—(1) IN

14 GENERAL.—Not later than 1 year after the date of the enact15 ment of this Act, the Commissioner, in consultation with 

16 the Secretary, shall develop a plan to expand the size and 

17 scope, including personnel needs, of the Customs-Trade 

18 Partnership Against Terrorism program or other voluntary 

19 programs involving government entities and the private sec20 tor to strengthen and improve the overall security of the 

21 international supply chain and security along the northern 

22 and southern border of the United States. 

23 (2) SOUTHERN BORDER SUPPLY CHAIN SECU24 RITY.—Not later than 1 year after the date of enact25 ment of this Act, the Commissioner shall provide ConVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 gress with a plan to improve supply chain security 

2 along the southern border, including, where appro3 priate, plans to implement voluntary programs in4 volving government entities and the private sector to 

5 strengthen and improve the overall security of the 

6 international supply chain that have been successfully 

7 implemented on the northern border. 

8 SEC. 707. PORTOF ENTRY TECHNOLOGY DEMONSTRA9 TION PROGRAM. (a) ESTABLISHMENT.—The Secretary, act10 ing through the Commissioner, shall carry out a technology 

11 demonstration program to test and evaluate new port of 

12 entry technologies, refine port of entry technologies and 

13 operational concepts, and train personnel under realistic 

14 conditions. 

15 (b) TECHNOLOGY AND FACILITIES.— 

16 (1) TECHNOLOGY TESTED.—Under the dem17 onstration program, the Commissioner shall test tech18 nologies that enhance port of entry operations, includ19 ing those related to inspections, communications, port 

20 tracking, identification of persons and cargo, sensory 

21 devices, personal detection, decision support, and the 

22 detection and identification of weapons of mass de23 struction. 

24 (2) FACILITIES DEVELOPED.—At a demonstra25 tion site selected pursuant to subsection (c)(3), the 


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1 Commissioner shall develop any facilities needed to 

2 provide appropriate training to Federal law enforce3 ment personnel who have responsibility for border se4 curity, including cross-training among agencies, ad5 vanced law enforcement training, and equipment ori6 entation to the extent that such training is not being 

7 conducted at existing Federal facilities. 

8 (c) DEMONSTRATION SITES.— 

9 (1) NUMBER.—The Commissioner shall carry out 

10 the demonstration program at not less than 3 sites 

11 and not more than 5 sites. 

12 (2) LOCATION.—Of the sites selected under sub13 section (c)— 

14 (A) at least 1 shall be located on the north15 ern border of the United States; and 

16 (B) at least 1 shall be located on the south17 ern border of the United States. 

18 (3) SELECTION CRITERIA.—To ensure that 1 of 

19 the facilities selected as a port of entry demonstration 

20 site for the demonstration program has the most up21 to-date design, contains sufficient space to conduct the 

22 demonstration program, has a traffic volume low 

23 enough to easily incorporate new technologies without 

24 interrupting normal processing activity, and can effi25 ciently carry out demonstration and port of entry opVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 erations, 1 port of entry selected as a demonstration 

2 site may— 

3 (A) have been established not more than 15 

4 years before the date of the enactment of this Act; 

5 (B) consist of not less than 65 acres, with 

6 the possibility of expansion onto not less than 25 

7 adjacent acres; and 

8 (C) have serviced an average of not more 

9 than 50,000 vehicles per month during the 12 

10 months preceding the date of the enactment of 

11 this Act. 

12 (d) RELATIONSHIP WITH OTHER AGENCIES.—The 

13 Secretary, acting through the Commissioner, shall permit 

14 personnel from appropriate Federal agencies to utilize a 

15 demonstration site described in subsection (c) to test tech16 nologies that enhance port of entry operations, including 

17 those related to inspections, communications, port tracking, 

18 identification of persons and cargo, sensory devices, per19 sonal detection, decision support, and the detection and 

20 identification of weapons of mass destruction. 

21 (e) REPORT.— 

22 (1) REQUIREMENT.—Not later than 1 year after 

23 the date of the enactment of this Act, and annually 

24 thereafter, the Secretary shall submit to Congress a 

25 report on the activities carried out at each demonstraVerDate Aug 31 2005 23:48 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6203 E:\BILLS\H2638.PP H2638

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1 tion site under the technology demonstration program 

2 established under this section. 

3 (2) CONTENT.—The report shall include an as4 sessment by the Commissioner of the feasibility of in5 corporating any demonstrated technology for use 

6 throughout United States Customs and Border Protec7 tion. 

8 SEC. 708. AUTHORIZATION OF APPROPRIATIONS. (a) 

9 IN GENERAL.—In addition to any funds otherwise avail10 able, there are authorized to be appropriated such sums as 

11 may be necessary to carry out sections 703, 704, 705, 706, 

12 and 707 for fiscal years 2009 through 2013. 

13 (b) INTERNATIONAL AGREEMENTS.—Funds authorized 

14 to be appropriated under this title may be used for the im15 plementation of projects described in the Declaration on 

16 Embracing Technology and Cooperation to Promote the Se17 cure and Efficient Flow of People and Commerce across our 

18 Shared Border between the United States and Mexico, 

19 agreed to March 22, 2002, Monterrey, Mexico (commonly 

20 known as the Border Partnership Action Plan) or the 

21 Smart Border Declaration between the United States and 

22 Canada, agreed to December 12, 2001, Ottawa, Canada that 

23 are consistent with the provisions of this title. 


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1 DIVISION B—BORDER SECURITY 

2 TITLE X—BORDER SECURITY REQUIREMENTS 

3 SEC. 1001. SHORT TITLE. 

4 This division may be cited as the ‘‘Border Security 

5 First Act of 2007’’. 

6 SEC. 1002. BORDER SECURITY REQUIREMENTS. 

7 (a) REQUIREMENTS.—Not later than 2 years after the 

8 date of the enactment of this Act, the President shall ensure 

9 that the following are carried out: 

10 (1) OPERATIONAL CONTROL OF THE INTER11 NATIONAL BORDER WITH MEXICO.—The Secretary of 

12 Homeland Security shall establish and demonstrate 

13 operational control of 100 percent of the international 

14 land border between the United States and Mexico, 

15 including the ability to monitor such border through 

16 available methods and technology. 

17 (2) STAFF ENHANCEMENTS FOR BORDER PA18 TROL.—The United States Customs and Border Pro19 tection Border Patrol shall hire, train, and report for 

20 duty 23,000 full-time agents. 

21 (3) STRONG BORDER BARRIERS.—The United 

22 States Customs and Border Protection Border Patrol 

23 shall— 


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1 (A) install along the international land bor2 der between the United States and Mexico at 

3 least— 

4 (i) 300 miles of vehicle barriers; 

5 (ii) 700 linear miles of fencing as re6 quired by the Secure Fence Act of 2006 

7 (Public Law 109–367), as amended by this 

8 Act; and 

9 (iii) 105 ground-based radar and cam10 era towers; and 

11 (B) deploy for use along the international 

12 land border between the United States and Mex13 ico 4 unmanned aerial vehicles, and the sup14 porting systems for such vehicles. 

15 (4) CATCH AND RETURN.—The Secretary of 

16 Homeland Security shall detain all removable aliens 

17 apprehended crossing the international land border 

18 between the United States and Mexico in violation of 

19 Federal or State law, except as specifically mandated 

20 by Federal or State law or humanitarian cir21 cumstances, and United States Immigration and Cus22 toms Enforcement shall have the resources to main23 tain this practice, including the resources necessary to 

24 detain up to 45,000 aliens per day on an annual 

25 basis. 


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1 (b) PRESIDENTIAL PROGRESS REPORT.— 

2 (1) IN GENERAL.—Not later than 90 days after 

3 the date of enactment of this Act, and every 90 days 

4 thereafter until the requirements under subsection (a) 

5 are met, the President shall submit a report to Con6 gress detailing the progress made in funding, meeting, 

7 or otherwise satisfying each of the requirements de8 scribed under paragraphs (1) through (4) of sub9 section (a), including detailing any contractual agree10 ments reached to carry out such measures. 

11 (2) PROGRESS NOTSUFFICIENT.—If the Presi12 dent determines that sufficient progress is not being 

13 made, the President shall include in the report re14 quired under paragraph (1) specific funding rec15 ommendations, authorization needed, or other actions 

16 that are or should be undertaken by the Secretary of 

17 Homeland Security. 

18 SEC. 1003. APPROPRIATIONS FOR BORDER SECURITY. 

19 There is hereby appropriated $3,000,000,000 to satisfy 

20 the requirements set out in section 1002(a) and, if any 

21 amount remains after satisfying such requirements, to 

22 achieve and maintain operational control over the inter23 national land and maritime borders of the United States, 

24 for employment eligibility verification improvements, for 

25 increased removal and detention of visa overstays, criminal 


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1 aliens, aliens who have illegally reentered the United States, 

2 and for reimbursement of State and local section 287(g) ex3 penses. These amounts are designated as an emergency re4 quirement pursuant to section 204 of S. Con. Res. 21 (110th 

5 Congress). 

6 This Act may be cited as the ‘‘Department of Home7 land Security Appropriations Act, 2008’’. 

Passed the House of Representatives June 15, 2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate July 26, 2007. 

Attest: NANCY ERICKSON, 

Secretary. 


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