IB 

Union Calendar No. 106 

110TH CONGRESS 

1ST SESSION H. R. 2638 

[Report No. 110–181] 

Making appropriations for the Department of Homeland Security for the 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2007 

Mr. PRICE of North Carolina, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

A BILL 

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: Provided, That 

10 not to exceed $40,000 shall be for official reception and 

11 representation expenses. 

12 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

13 For necessary expenses of the Office of the Under 

14 Secretary for Management, as authorized by sections 701 

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

16 U.S.C. 341 through 345), $237,765,000, of which not to 

17 exceed $3,000 shall be for official reception and represen18 tation expenses: Provided, That of the total amount pro19 vided, $6,000,000 shall remain available until expended 

20 solely for the alteration and improvement of facilities, ten21 ant improvements, and relocation costs to consolidate De22 partment headquarters operations and $300,000 shall re23 main available until expended by the Federal Law En24 forcement Training Accreditation Board for the needs of 

25 Federal law enforcement agencies participating in training 


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1 accreditation: Provided further, That no funding provided 

2 under this heading may be used to design, build, or relo3 cate any Departmental activity to the Saint Elizabeths 

4 campus until the Department submits to the Committees 

5 on Appropriations of the Senate and the House of Rep6 resentatives: (1) the published U-Visa rule, and (2) a de7 tailed expenditure plan for checkpoint support and explo8 sive detection systems refurbishment, procurement, and 

9 installations on an airport-by-airport basis for fiscal year 

10 2008. 

11 OFFICE OF THE CHIEF FINANCIAL OFFICER

12 For necessary expenses of the Office of the Chief Fi13 nancial Officer, as authorized by section 103 of the Home14 land Security Act of 2002 (6 U.S.C. 113), $32,000,000. 

15 OFFICE OF THE CHIEF INFORMATION OFFICER

16 For necessary expenses of the Office of the Chief In17 formation Officer, as authorized by section 103 of the 

18 Homeland Security Act of 2002 (6 U.S.C. 113), and De19 partment-wide technology investments, $258,621,000; of 

20 which $79,921,000 shall be available for salaries and ex21 penses; and of which $178,700,000 shall be available for 

22 development and acquisition of information technology 

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

24 Department of Homeland Security, to remain available 

25 until expended: Provided, That none of the funds approVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 priated shall be used to support or supplement the appro2 priations provided for the United States Visitor and Immi3 grant Status Indicator Technology project or the Auto4 mated Commercial Environment: Provided further, That 

5 the Chief Information Officer shall submit to the Commit6 tees on Appropriations of the Senate and the House of 

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

8 enactment of this Act, an expenditure plan for all informa9 tion technology acquisition projects with an estimated cost 

10 of $2,500,000 or more: Provided further, That such ex11 penditure plan shall include each specific project funded, 

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

13 of annual and lifecycle costs, and projected cost savings 

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

15 further, That notwithstanding any other provision of law, 

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

17 may be obligated to provide for the oversight or manage18 ment of the Integrated Wireless Network program by any 

19 employee of the Office of the Chief Information Officer. 

20 ANALYSIS AND OPERATIONS

21 For necessary expenses for information analysis and 

22 operations coordination activities, as authorized by title II 

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

24 seq.), $291,619,000, to remain available until September 


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1 30, 2009, of which not to exceed $5,000 shall be for offi2 cial reception and representation expenses. 

3 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

4 COAST REBUILDING

5 For necessary expenses of the Office of the Federal 

6 Coordinator for Gulf Coast Rebuilding, $3,000,000: Pro7 vided, That $1,000,000 shall not be available for obliga8 tion until the Committees on Appropriations of the Senate 

9 and the House of Representatives receive an expenditure 

10 plan for fiscal year 2008. 

11 INSPECTOR GENERAL

12 OPERATING EXPENSES

13 For necessary expenses of the Inspector General in 

14 carrying out the provisions of the Inspector General Act 

15 of 1978 (5 U.S.C. App.), $99,111,000, of which not to 

16 exceed $150,000 may be used for certain confidential 

17 operational expenses, including the payment of inform18 ants, to be expended at the direction of the Inspector Gen19 eral. 

20 TITLE II—SECURITY, ENFORCEMENT, AND 

21 INVESTIGATIONS 

22 UNITED STATES CUSTOMS AND BORDER PROTECTION

23 SALARIES AND EXPENSES

24 For necessary expenses for enforcement of laws relat25 ing to border security, immigration, customs, and agriculVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 tural inspections and regulatory activities related to plant 

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

3 (2,300 for replacement only) police-type vehicles; and con4 tracting with individuals for personal services abroad; 

5 $6,629,733,000, of which $3,093,000 shall be derived 

6 from the Harbor Maintenance Trust Fund for administra7 tive expenses related to the collection of the Harbor Main8 tenance Fee pursuant to section 9505(c)(3) of the Internal 

9 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) notwith10 standing section 1511(e)(1) of the Homeland Security Act 

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

12 $45,000 shall be for official reception and representation 

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

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

15 become available in the Customs User Fee Account, except 

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

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

18 58c(f)(3)), shall be derived from that account; of which 

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

20 rental space in connection with preclearance operations; 

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

22 of compensation to informants, to be accounted for solely 

23 under the certificate of the Secretary of Homeland Secu24 rity: Provided, That for fiscal year 2008, the overtime lim25 itation prescribed in section 5(c)(1) of the Act of February 


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1 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not2 withstanding any other provision of law, none of the funds 

3 appropriated by this Act may be available to compensate 

4 any employee of United States Customs and Border Pro5 tection for overtime, from whatever source, in an amount 

6 that exceeds such limitation, except in individual cases de7 termined by the Secretary of Homeland Security, or the 

8 designee of the Secretary, to be necessary for national se9 curity purposes, to prevent excessive costs, or in cases of 

10 immigration emergencies: Provided further, That of the 

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

12 shall remain available until September 30, 2009, to sup13 port software development, equipment, contract services, 

14 and the implementation of inbound lanes and modification 

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

16 which $100,000,000 may not be obligated until the Com17 mittees on Appropriations of the Senate and the House 

18 of Representatives receive a report on the results of pilot 

19 programs used to develop and implement the plan required 

20 by section 7209(b)(1) of the Intelligence Reform and Ter21 rorism Prevention Act of 2004 (Public Law 108–458; 8 

22 U.S.C. 1185 note), which includes the following informa23 tion: (1) infrastructure and staffing required, with associ24 ated costs, by port of entry; (2) updated milestones for 

25 plan implementation; (3) a detailed explanation of how reVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 quirements of such section have been satisfied; (4) con2 firmation that a vicinity-read radio frequency identifica3 tion card has been adequately tested to ensure operational 

4 success; and (5) a description of steps taken to ensure the 

5 integrity of privacy safeguards. 

6 AUTOMATION MODERNIZATION

7 For expenses for customs and border protection auto8 mated systems, $476,609,000, to remain available until 

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

10 for the development of the Automated Commercial Envi11 ronment: Provided, That of the total amount made avail12 able under this heading, $216,969,000 may not be obli13 gated for the Automated Commercial Environment pro14 gram until 30 days after the Committees on Appropria15 tions of the Senate and the House of Representatives re16 ceive a report on the results to date and plans for the 

17 program from the Department of Homeland Security that 

18 includes: 

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

20 progress up to the date of the report in meeting 

21 prior commitments made to the Committees relative 

22 to system capabilities or services, system perform23 ance levels, mission benefits and outcomes, mile24 stones, cost targets, and program management capa25 bilities; 


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

2 unobligated funds for the program from prior appro3 priations and all fiscal year 2008 funds are to be 

4 spent to meet future program commitments, with 

5 sufficient detail to link the planned expenditure of 

6 funds to the milestone-based delivery of specific ca7 pabilities, services, performance levels, mission bene8 fits and outcomes, and program management capa9 bilities; 

10 (3) a listing of all open Government Account11 ability Office and Office of Inspector General rec12 ommendations related to the program, with the sta13 tus of the Department’s efforts to address the rec14 ommendations, including milestones for fully ad15 dressing them; 

16 (4) a written certification by the Chief Finan17 cial Officer of the Department of Homeland Security 

18 that the program has been reviewed and approved in 

19 accordance with the Department’s investment man20 agement process, and that this process fulfills all 

21 capital planning and investment control require22 ments and reviews established by the Office of Man23 agement and Budget, including Circular A–11, part 

24 7, as well as copies of all investment decision memoVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 randa and supporting analyses generated by and 

2 used in the Department’s process; 

3 (5) a written certification by the Chief Informa4 tion Officer of the Department of Homeland Secu5 rity that an independent validation and verification 

6 agent has and will continue to actively review the 

7 program, as well as summaries of reviews conducted 

8 by the agent during the preceding 12 months; 

9 (6) a written certification by the Chief Informa10 tion Officer of the Department of Homeland Secu11 rity that: the system architecture is sufficiently 

12 aligned with the department’s information systems 

13 enterprise architecture to minimize future rework, 

14 including: a description of all aspects of the architec15 tures that were and were not assessed in making the 

16 alignment determination; the date of the alignment 

17 determination; any known areas of misalignment; 

18 any associated risks; and corrective actions to ad19 dress any such areas; 

20 (7) a written certification by the Chief Informa21 tion Officer of the Department of Homeland Secu22 rity that the program has a risk management proc23 ess that regularly and proactively identifies, evalu24 ates, mitigates, and monitors risks throughout the 

25 system life cycle, and communicates high-risk condiVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 tions to United States Customs and Border Protec2 tion and Department of Homeland Security invest3 ment decision makers, as well as a listing of the pro4 gram’s high risks and the status of efforts to ad5 dress them; 

6 (8) a written certification by the Chief Procure7 ment Officer of the Department of Homeland Secu8 rity that the plans for the program comply with the 

9 Federal acquisition rules, requirements, guidelines, 

10 and practices, and a description of the actions being 

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

12 associated with them along with any plans for ad13 dressing these risks and the status of their imple14 mentation; and 

15 (9) a written certification by the Chief Human 

16 Capital Officer of the Department of Homeland Se17 curity that human capital needs of the program are 

18 being strategically and proactively managed, and 

19 that current human capital capabilities are sufficient 

20 to execute the plans discussed in the report. 

21 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

22 TECHNOLOGY

23 For expenses for customs and border protection fenc24 ing, infrastructure, and technology, $1,000,000,000, to re25 main available until expended: Provided, That of the 

26 amount provided under this heading, $700,000,000 shall 


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1 not be obligated until the Committees on Appropriations 

2 of the Senate and the House of Representatives receive 

3 and approve a plan for expenditure, prepared by the Sec4 retary of Homeland Security and submitted within 60 

5 days after the date of enactment of this Act, for a program 

6 to establish a security barrier along the borders of the 

7 United States of fencing and vehicle barriers, where prac8 ticable, and other forms of tactical infrastructure and 

9 technology, that— 

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

11 implementing the program, including identification 

12 of the maximum investment related to the Secure 

13 Border Initiative network (SBInet) or successor con14 tract, estimation of lifecycle costs, and description of 

15 the methodology used to obtain these cost figures; 

16 (2) demonstrates how activities will further the 

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

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

19 how the plan allocates funding to the highest pri20 ority border security needs; 

21 (3) identifies funding and staffing (including 

22 full-time equivalents, contractors, and detailees) re23 quirements by activity; 

24 (4) describes how the plan addresses security 

25 needs at the Northern Border and the ports of 


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1 entry, including infrastructure, technology, design 

2 and operations requirements; 

3 (5) reports on costs incurred, the activities com4 pleted, and the progress made by the program in 

5 terms of obtaining operational control of the entire 

6 border of the United States; 

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

8 each segment of fencing or tactical infrastructure, of 

9 the selected approach compared to other, alternative 

10 means of achieving operational control; such analysis 

11 should include cost, level of operational control, pos12 sible unintended effects on communities, and other 

13 factors critical to the decision-making process; 

14 (7) includes a certification by the Chief Pro15 curement Officer of the Department of Homeland 

16 Security that procedures to prevent conflicts of in17 terest between the prime integrator and major sub18 contractors are established and that the SBI Pro19 gram Office has adequate staff and resources to ef20 fectively manage the SBI program, SBInet contract, 

21 and any related contracts, including the exercise of 

22 technical oversight, and a certification by the Chief 

23 Information Officer of the Department of Homeland 

24 Security that an independent verification and validaVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 tion agent is currently under contract for the 

2 projects funded under this heading; 

3 (8) complies with all applicable acquisition 

4 rules, requirements, guidelines, and best systems ac5 quisition management practices of the Federal Gov6 ernment; 

7 (9) complies with the capital planning and in8 vestment control review requirements established by 

9 the Office of Management and Budget, including 

10 Circular A–11, part 7; 

11 (10) is reviewed and approved by the Depart12 ment of Homeland Security Investment Review 

13 Board, the Secretary of Homeland Security, and the 

14 Office of Management and Budget; and 

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

17 Provided further, That the Secretary shall report to the 

18 Committees on Appropriations of the Senate and the 

19 House of Representatives on program progress to date, 

20 and specific objectives to be achieved through the award 

21 of current and remaining task orders planned for the bal22 ance of available appropriations (1) at least 30 days prior 

23 to the award of any task order requiring the obligation 

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

25 a task order that would cause cumulative obligations to 


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1 exceed 50 percent of the total amount appropriated: Pro2 vided further, That of the funds provided under this head3 ing, not more than $2,000,000 shall be used to reimburse 

4 the Defense Acquisition University for the costs of con5 ducting a review of the SBInet contract and determining 

6 how and whether the Department is employing the best 

7 procurement practices: Provided further, That none of the 

8 funds under this heading may be obligated for fencing or 

9 tactical infrastructure on lands administered by the Na10 tional Park Service, the United States Fish and Wildlife 

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

12 or the Bureau of Land Management unless the Secretary 

13 of Homeland Security coordinates such decision with that 

14 agency, and makes every effort to minimize impacts on 

15 wildlife and natural resources: Provided further, That none 

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

17 fencing or tactical infrastructure project or activity unless 

18 the Secretary formally consults with affected State and 

19 local communities to solicit their advice and support of 

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

21 under this heading may be obligated for any project or 

22 activity for which the Secretary has exercised waiver au23 thority pursuant to section 102(c) of the Illegal Immigra24 tion Reform and Immigrant Responsibility Act of 1996 

25 (8 U.S.C. 1103 note) until 15 days have elapsed from the 


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1 date of the publication of the decision in the Federal Reg2 ister. 

3 AIR AND MARINE INTERDICTION, OPERATIONS, 

4 MAINTENANCE, AND PROCUREMENT

5 For necessary expenses for the operations, mainte6 nance, and procurement of marine vessels, aircraft, un7 manned aircraft systems, and other related equipment of 

8 the air and marine program, including operational train9 ing and mission-related travel, and rental payments for 

10 facilities occupied by the air or marine interdiction and 

11 demand reduction programs, the operations of which in12 clude the following: the interdiction of narcotics and other 

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

14 agencies in the enforcement or administration of laws en15 forced by the Department of Homeland Security; and at 

16 the discretion of the Secretary of Homeland Security, the 

17 provision of assistance to Federal, State, and local agen18 cies in other law enforcement and emergency humani19 tarian efforts, $477,287,000, to remain available until ex20 pended: Provided, That no aircraft or other related equip21 ment, except aircraft that are one-of-a-kind and have been 

22 identified as excess to United States Customs and Border 

23 Protection requirements and aircraft that have been dam24 aged beyond repair, shall be transferred to any other Fed25 eral agency, department, or office outside of the Depart26 ment of Homeland Security during fiscal year 2008 withVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 out the prior approval of the Committees on Appropria2 tions of the Senate and the House of Representatives: Pro3 vided further, That none of the funds under this heading 

4 may be obligated for procurement of additional unmanned 

5 aerial systems until the Commissioner of United States 

6 Customs and Border Protection certifies to the Commit7 tees on Appropriations of the Senate and House of Rep8 resentatives that they are of higher priority and more cost 

9 effective than other items included in the Air and Marine 

10 Strategic Recapitalization and Modernization plan. 

11 CONSTRUCTION

12 For necessary expenses to plan, construct, renovate, 

13 equip, and maintain buildings and facilities necessary for 

14 the administration and enforcement of the laws relating 

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

16 available until expended. 

17 UNITED STATES IMMIGRATION AND CUSTOMS

18 ENFORCEMENT

19 SALARIES AND EXPENSES

20 For necessary expenses for enforcement of immigra21 tion and customs laws, detention and removals, and inves22 tigations; and purchase and lease of up to 3,790 (2,350 

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

24 of which not to exceed $10,000,000 shall be available until 

25 expended for conducting special operations under section 

26 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 


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1 2081); of which not to exceed $15,000 shall be for official 

2 reception and representation expenses; of which not to ex3 ceed $1,000,000 shall be for awards of compensation to 

4 informants, to be accounted for solely under the certificate 

5 of the Secretary of Homeland Security; and of which not 

6 to exceed $11,216,000 shall be available to fund or reim7 burse other Federal agencies for the costs associated with 

8 the care, maintenance, and repatriation of smuggled illegal 

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

10 under this heading shall be available to compensate any 

11 employee for overtime in an annual amount in excess of 

12 $35,000, except that the Secretary of Homeland Security, 

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

14 as necessary for national security purposes and in cases 

15 of immigration emergencies: Provided further, That of the 

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

17 to enforce laws against forced child labor in fiscal year 

18 2008, of which not to exceed $6,000,000 shall remain 

19 available until expended: Provided further, That at least 

20 once per month the Secretary of Homeland Security or 

21 a designee of the Secretary shall obtain information from 

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

23 States to identify incarcerated aliens who may be deport24 able and make every reasonable effort to remove such 

25 aliens judged deportable upon their release from custody. 


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1 FEDERAL PROTECTIVE SERVICE

2 The revenues and collections of security fees credited 

3 to this account shall be available until expended for nec4 essary expenses related to the protection of federally5 owned and leased buildings and for the operations of the 

6 Federal Protective Service: Provided, That none of the 

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

8 revenues or collections of security fees credited to this ac9 count, may be obligated for any activity that reduces the 

10 number of in-service Federal Protective Service police offi11 cers below the number of such officers as of October 1, 

12 2006, unless— 

13 (1) the Director of the Federal Protective Serv14 ice provides to the head of the relevant lead State 

15 and local law enforcement agencies for the jurisdic16 tion concerned a report on the number and type of 

17 cases handled by the Federal Protective Service po18 lice in that jurisdiction for the previous two fiscal 

19 years; 

20 (2) the Director of the Federal Protective Serv21 ice negotiates a Memorandum of Agreement with the 

22 head of each relevant State and local law enforce23 ment agency for the jurisdiction concerned that ex24 plains how the work identified in the report deVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 scribed in section (1) will be addressed in the future; 

2 and 

3 (3) the Director of the Federal Protective Serv4 ice submits copies of each report under paragraph 

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

6 the Committees on Appropriations of the Senate and 

7 the House of Representatives by not later than 15 

8 days before the number of in-service Federal Protec9 tive Service police officers is reduced for the con10 cerned jurisdiction. 

11 AUTOMATION MODERNIZATION

12 For expenses of immigration and customs enforce13 ment automated systems, $30,700,000, to remain avail14 able until expended: Provided, That none of the funds 

15 made available under this heading may be obligated until 

16 the Committees on Appropriations of the Senate and the 

17 House of Representatives receive and approve a plan for 

18 expenditure prepared by the Secretary of Homeland Secu19 rity that— 

20 (1) meets the capital planning and investment 

21 control review requirements established by the Office 

22 of Management and Budget, including Circular A– 

23 11, part 7; 

24 (2) complies with the Department of Homeland 

25 Security information systems enterprise architecture; 


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1 (3) complies with the acquisition rules, require2 ments, guidelines, and systems acquisition manage3 ment practices of the Federal Government; 

4 (4) includes a certification by the Chief Infor5 mation Officer of the Department of Homeland Se6 curity that an independent verification and valida7 tion agent is currently under contract for the 

8 project; 

9 (5) is reviewed and approved by the Depart10 ment of Homeland Security Investment Review 

11 Board, the Secretary of Homeland Security, and the 

12 Office of Management and Budget; and 

13 (6) is reviewed by the Government Account14 ability Office. 

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 

19 to customs and immigration, $6,000,000, to remain avail20 able until expended: Provided, That none of the funds 

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

22 solicit or consider any request to privatize facilities cur23 rently owned by the United States Government and used 

24 to detain illegal aliens until the Committees on Appropria25 tions of the Senate and the House of Representatives reVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 ceive and approve a plan for carrying out that privatiza2 tion. 

3 TRANSPORTATION SECURITY ADMINISTRATION

4 AVIATION SECURITY

5 For necessary expenses of the Transportation Secu6 rity Administration related to providing civil aviation secu7 rity services pursuant to the Aviation and Transportation 

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

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

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

11 shall be for official reception and representation expenses: 

12 Provided, That of the total amount made available under 

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

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

15 available only for procurement and installation of checked 

16 baggage explosive detection systems; and not to exceed 

17 $980,116,000 shall be for aviation security direction and 

18 enforcement: Provided further, That security service fees 

19 authorized under section 44940 of title 49, United States 

20 Code, shall be credited to this appropriation as offsetting 

21 collections and shall be available only for aviation security: 

22 Provided further, That the sum appropriated under this 

23 heading from the General Fund shall be reduced on a dol24 lar-for-dollar basis as such offsetting collections are re25 ceived during fiscal year 2008, so as to result in a final 


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1 fiscal year appropriation from the General Fund estimated 

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

3 any security service fees collected in excess of the amount 

4 made available under this heading shall become available 

5 during fiscal year 2009. 

6 SURFACE TRANSPORTATION SECURITY

7 For necessary expenses of the Transportation Secu8 rity Administration related to providing surface transpor9 tation security activities, $41,413,000, to remain available 

10 until September 30, 2009. 

11 TRANSPORTATION THREAT ASSESSMENT AND

12 CREDENTIALING

13 For necessary expenses for the development and im14 plementation of screening programs of the Office of 

15 Transportation Threat Assessment and Credentialing, 

16 $49,490,000, to remain available until September 30, 

17 2009: Provided, That if the Assistant Secretary of Home18 land Security (Transportation Security Administration) 

19 determines that the Secure Flight program does not need 

20 to check airline passenger names against the full terrorist 

21 watch list, then the Assistant Secretary shall certify to the 

22 Committees on Appropriations of the Senate and the 

23 House of Representatives that no security risks are raised 

24 by screening airline passenger names only against a subset 

25 of the full terrorist watch list. 


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1 TRANSPORTATION SECURITY SUPPORT

2 For necessary expenses of the Transportation Secu3 rity Administration related to providing transportation se4 curity support and intelligence pursuant to the Aviation 

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

6 115 Stat. 597; 49 U.S.C. 40101 note), $526,615,000, to 

7 remain available until September 30, 2009: Provided, 

8 That the Secretary of Homeland Security shall submit to 

9 the Committees on Appropriations of the Senate and the 

10 House of Representatives no later than 60 days after the 

11 date of enactment of this Act a detailed expenditure plan 

12 for checkpoint support and explosive detection systems re13 furbishment, procurement, and installations on an airport14 by-airport basis for fiscal year 2008: Provided, further, 

15 That notwithstanding any other provision of law, the ac16 quisition management system shall be subject to the provi17 sions of the Small Business Act (15 U.S.C. 631 et seq.). 

18 FEDERAL AIR MARSHALS

19 For necessary expenses of the Federal Air Marshals, 

20 $722,000,000. 

21 COAST GUARD

22 OPERATING EXPENSES

23 For necessary expenses for the operation and mainte24 nance of the Coast Guard not otherwise provided for; pur25 chase or lease of not to exceed 25 passenger motor vehi26 cles, which shall be for replacement only; payments pursuVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 ant to section 156 of Public Law 97–377 (42 U.S.C. 402 

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

3 $5,885,242,000, of which $340,000,000 shall be for de4 fense-related activities; of which $24,500,000 shall be de5 rived from the Oil Spill Liability Trust Fund to carry out 

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

7 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex8 ceed $20,000 shall be for official reception and representa9 tion expenses: Provided, That none of the funds made 

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

11 administrative expenses in connection with shipping com12 missioners in the United States: Provided further, That 

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

14 expenses incurred for yacht documentation under section 

15 12114 of title 46, United States Code, except to the extent 

16 fees are collected from yacht owners and credited to this 

17 appropriation. 

18 ENVIRONMENTAL COMPLIANCE AND RESTORATION

19 For necessary expenses to carry out the environ20 mental compliance and restoration functions of the Coast 

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

22 $15,000,000, to remain available until expended. 

23 RESERVE TRAINING

24 For necessary expenses of the Coast Guard Reserve, 

25 as authorized by law; operations and maintenance of the 


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1 reserve program; personnel and training costs; and equip2 ment and services; $126,883,000. 

3 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

4 (INCLUDING RESCISSIONS OF FUNDS)

5 For necessary expenses of acquisition, construction, 

6 renovation, and improvement of aids to navigation, shore 

7 facilities, vessels, and aircraft, including equipment related 

8 thereto; and maintenance, rehabilitation, lease and oper9 ation of facilities and equipment, as authorized by law; 

10 $941,767,000, of which $20,000,000 shall be derived from 

11 the Oil Spill Liability Trust Fund to carry out the pur12 poses of section 1012(a)(5) of the Oil Pollution Act of 

13 1990 (33 U.S.C. 2712(a)(5)); of which $9,200,000 shall 

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

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

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

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

18 $37,897,000 shall be available until September 30, 2010, 

19 for shore facilities and aids to navigation facilities; of 

20 which $82,720,000 shall be available for personnel com21 pensation and benefits and related costs; and of which 

22 $698,350,000 shall be available until September 30, 2012, 

23 for the Integrated Deepwater Systems program: Provided, 

24 That of the funds made available for the Integrated Deep25 water Systems program, $257,400,000 is for aircraft and 

26 $219,500,000 is for surface ships: Provided further, That 


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1 $400,000,000 of the funds provided for the Integrated 

2 Deepwater Systems program may not be obligated until 

3 the Committees on Appropriations of the Senate and the 

4 House of Representatives receive and approve a plan for 

5 expenditure directly from the Coast Guard that— 

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

7 and lifecycle costs for each procurement of a major 

8 asset, including an independent cost estimate for 

9 each; 

10 (2) identifies lifecycle staffing and training 

11 needs of Coast Guard project managers and of pro12 curement and contract staff; 

13 (3) identifies competition to be conducted in 

14 each procurement; 

15 (4) describes procurement plans that do not 

16 rely on a single industry entity or contract; 

17 (5) contains very limited indefinite delivery/in18 definite quantity contracts and explains the need for 

19 any indefinite delivery/indefinite quantity contracts; 

20 (6) complies with all applicable acquisition 

21 rules, requirements, and guidelines, and incorporates 

22 the best systems acquisition management practices 

23 of the Federal Government; 

24 (7) complies with the capital planning and in25 vestment control requirements established by the OfVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 fice of Management and Budget, including circular 

2 A–11, part 7; 

3 (8) includes a certification by the Head of Con4 tracting Activity for the Coast Guard and the Chief 

5 Procurement Officer of the Department of Home6 land Security that the Coast Guard has established 

7 sufficient controls and procedures and has sufficient 

8 staffing to comply with all contracting requirements 

9 and that any apparent conflicts of interest have been 

10 sufficiently addressed; 

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

12 act upon deviations from the contractually specified 

13 performance requirements and clearly explains the 

14 actions taken on such deviations; 

15 (10) includes a certification that the Assistant 

16 Commandant of the Coast Guard for Engineering 

17 and Logistics is designated as the technical author18 ity for all engineering, design, and logistics decisions 

19 pertaining to the Integrated Deepwater Systems pro20 gram; 

21 (11) identifies use of the Defense Contract Au22 diting Agency; and 

23 (12) is reviewed by the Government Account24 ability Office: 


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1 Provided further, That the Commandant of the Coast 

2 Guard is authorized to dispose of surplus real property, 

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

4 appropriation as offsetting collections and shall be avail5 able until September 30, 2010: Provided further, That of 

6 amounts made available under this heading in Public Law 

7 109–90 for the Offshore Patrol Cutter, $68,841,000 is re8 scinded: Provided further, That of amounts made available 

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

10 109–295 for unmanned aerial vehicles, $38,608,000 is re11 scinded: Provided further, That the Secretary of Homeland 

12 Security shall submit to the Committees on Appropria13 tions of the Senate and the House of Representatives, in 

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

15 a review of the Revised Deepwater Implementation Plan 

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

17 an annual performance comparison of Deepwater assets 

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

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

20 assets are being accounted for within the Deepwater pro21 gram; and the earned value management system gold card 

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

23 Secretary shall submit to the Committees on Appropria24 tions of the Senate and the House of Representatives a 

25 comprehensive review of the Revised Deepwater ImpleVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 mentation Plan every five years, beginning in fiscal year 

2 2011, that includes a complete projection of the acquisi3 tion costs and schedule for the duration of the plan 

4 through fiscal year 2027: Provided further, That the Sec5 retary shall annually submit to the Committees on Appro6 priations of the Senate and the House of Representatives, 

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

8 section 1105(a) of title 31, United States Code, a future9 years capital investment plan for the Coast Guard that 

10 identifies for each capital budget line item— 

11 (1) the proposed appropriation included in that 

12 budget; 

13 (2) the total estimated cost of completion; 

14 (3) projected funding levels for each fiscal year 

15 for the next five fiscal years or until project comple16 tion, whichever is earlier; 

17 (4) an estimated completion date at the pro18 jected funding levels; and 

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

20 of completion or estimated completion date from 

21 previous future-years capital investment plans sub22 mitted to the Committees on Appropriations of the 

23 Senate and the House of Representatives: 

24 Provided further, That the Secretary shall ensure that 

25 amounts specified in the future-years capital investment 


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1 plan are consistent to the maximum extent practicable 

2 with proposed appropriations necessary to support the 

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

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

5 of title 31, United States Code, for that fiscal year: Pro6 vided further, That any inconsistencies between the capital 

7 investment plan and proposed appropriations shall be 

8 identified and justified. 

9 ALTERATION OF BRIDGES

10 For necessary expenses for alteration or removal of 

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

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

13 $16,000,000, to remain available until expended. 

14 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

15 For necessary expenses for applied scientific re16 search, development, test, and evaluation; and for mainte17 nance, rehabilitation, lease, and operation of facilities and 

18 equipment; as authorized by law; $22,583,000, to remain 

19 available until expended, of which $500,000 shall be de20 rived from the Oil Spill Liability Trust Fund to carry out 

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

22 of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 

23 be credited to and used for the purposes of this appropria24 tion funds received from State and local governments, 

25 other public authorities, private sources, and foreign counVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 tries for expenses incurred for research, development, test2 ing, and evaluation. 

3 RETIRED PAY

4 For retired pay, including the payment of obligations 

5 otherwise chargeable to lapsed appropriations for this pur6 pose, payments under the Retired Serviceman’s Family 

7 Protection and Survivor Benefits Plans, payment for ca8 reer status bonuses, concurrent receipts and combat-re9 lated special compensation under the National Defense 

10 Authorization Act, and payments for medical care of re11 tired personnel and their dependents under chapter 55 of 

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

13 available until expended. 

14 UNITED STATES SECRET SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Secret 

17 Service, including purchase of not to exceed 645 vehicles 

18 for police-type use for replacement only, and hire of pas19 senger motor vehicles; purchase of motorcycles made in 

20 the United States; hire of aircraft; services of expert wit21 nesses at such rates as may be determined by the Director 

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

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

24 other facilities on private or other property not in Govern25 ment ownership or control, as may be necessary to per26 form protective functions; payment of per diem or subsistVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 ence allowances to employees where a protective assign2 ment during the actual day or days of the visit of a 

3 protectee requires an employee to work 16 hours per day 

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

5 participation in firearms matches; presentation of awards; 

6 travel of United States Secret Service employees on pro7 tective missions without regard to the limitations on such 

8 expenditures in this or any other Act if approval is ob9 tained in advance from the Committees on Appropriations 

10 of the Senate and the House of Representatives; research 

11 and development; grants to conduct behavioral research in 

12 support of protective research and operations; and pay13 ment in advance for commercial accommodations as may 

14 be necessary to perform protective functions; 

15 $1,392,171,000, of which not to exceed $25,000 shall be 

16 for official reception and representation expenses: Pro17 vided, That up to $18,000,000 provided for protective 

18 travel shall remain available until September 30, 2009: 

19 Provided further, That the United States Secret Service 

20 is authorized to obligate funds in anticipation of reim21 bursements from Executive agencies, as defined in section 

22 105 of title 5, United States Code, receiving training spon23 sored by the James J. Rowley Training Center, except 

24 that total obligations at the end of the fiscal year shall 

25 not exceed total budgetary resources available under this 


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1 heading at the end of the fiscal year: Provided further, 

2 That none of the funds made available under this heading 

3 shall be available to compensate any employee for overtime 

4 in an annual amount in excess of $35,000, except that 

5 the Secretary of Homeland Security, or the designee of 

6 the Secretary, may waive that amount as necessary for 

7 national security purposes: Provided further, That not8 withstanding section 503(b) of this Act, none of the funds 

9 provided to the United States Secret Service by this or 

10 any previous appropriations Act shall be available for obli11 gation or expenditure for programs, projects, or activities 

12 through a reprogramming of funds in excess of 

13 $2,500,000 or 5 percent, whichever is less, that: (1) aug14 ments existing programs, projects, or activities; (2) re15 duces by 5 percent funding for any existing program, 

16 project, or activity, or reduces by 5 percent numbers of 

17 personnel as approved by the Congress; or (3) results from 

18 any general savings from a reduction in personnel that 

19 would result in a change in existing programs, projects, 

20 or activities as approved by Congress; unless the Commit21 tees on Appropriations of the Senate and the House of 

22 Representatives are notified 15 days in advance of such 

23 reprogramming of funds. 


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1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For necessary expenses for acquisition, construction, 

4 repair, alteration, and improvement of facilities, 

5 $3,725,000, to remain available until expended. 

6 TITLE III—PROTECTION, PREPAREDNESS, 

7 RESPONSE AND RECOVERY 

8 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

9 MANAGEMENT AND ADMINISTRATION

10 For salaries and expenses of the immediate Office of 

11 the Under Secretary for National Protection and Pro12 grams, the National Protection Planning Office, support 

13 for operations, information technology, and Risk Manage14 ment and Analysis, $40,346,000: Provided, That not to 

15 exceed $5,000 shall be for official reception and represen16 tation expenses. 

17 INFRASTRUCTURE PROTECTION AND INFORMATION

18 SECURITY

19 For necessary expenses for infrastructure protection 

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

22 (6 U.S.C. 121 et seq.), $532,881,000, of which 

23 $471,787,000 shall remain available until September 30, 

24 2009. 


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1 UNITED STATES VISITOR AND IMMIGRANT STATUS

2 INDICATOR TECHNOLOGY

3 For necessary expenses for the development of the 

4 United States Visitor and Immigrant Status Indicator 

5 Technology project, as authorized by section 110 of the 

6 Illegal Immigration Reform and Immigrant Responsibility 

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

8 available until expended: Provided, That of the total 

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

10 may not be obligated for the United States Visitor and 

11 Immigrant Status Indicator Technology project until the 

12 Committees on Appropriations of the Senate and the 

13 House of Representatives receive and approve a plan for 

14 expenditure prepared by the Secretary of Homeland Secu15 rity that— 

16 (1) meets the capital planning and investment 

17 control review requirements established by the Office 

18 of Management and Budget, including Circular A– 

19 11, part 7; 

20 (2) complies with the Department of Homeland 

21 Security information systems enterprise architecture; 

22 (3) complies with the acquisition rules, require23 ments, guidelines, and systems acquisition manage24 ment practices of the Federal Government; 


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1 (4) includes a certification by the Chief Infor2 mation Officer of the Department of Homeland Se3 curity that an independent verification and valida4 tion agent is currently under contract for the 

5 project; 

6 (5) is reviewed and approved by the Depart7 ment of Homeland Security Investment Review 

8 Board, the Secretary of Homeland Security, and the 

9 Office of Management and Budget; 

10 (6) is reviewed by the Government Account11 ability Office; 

12 (7) includes a comprehensive strategic plan for 

13 the United States Visitor and Immigrant Status In14 dicator Technology project; 

15 (8) includes a complete schedule for the full im16 plementation of a biometric exit program or a cer17 tification that such program is not possible within 

18 five years; and 

19 (9) includes a detailed accounting of operation 

20 and maintenance, contractor services, and program 

21 costs associated with the management of identity 

22 services: 

23 Provided further, That quarterly status reports on the 

24 US–VISIT program submitted to the Committees on Ap25 propriations of the Senate and House of Representatives 


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1 shall include reporting on coordination with Western 

2 Hemisphere Travel Initiative planning and implementa3 tion, the Secure Border Initiative, and other Departmental 

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

5 OFFICE OF HEALTH AFFAIRS

6 For the necessary expenses of the Office of Health 

7 Affairs, $117,933,000; of which $25,750,000 is for sala8 ries and expenses; and of which $92,183,000 is for bio9 surveillance, BioWatch, medical readiness planning, chem10 ical response, and other activities, to remain available until 

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

12 shall be for official reception and representation expenses. 

13 FEDERAL EMERGENCY MANAGEMENT AGENCY

14 MANAGEMENT AND ADMINISTRATION

15 For necessary expenses for management and admin16 istration of the Federal Emergency Management Agency, 

17 $685,000,000, including activities authorized by the Na18 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

19 seq.), the Robert T. Stafford Disaster Relief and Emer20 gency Assistance Act (42 U.S.C. 5121 et seq.), the Earth21 quake Hazards Reduction Act of 1977 (42 U.S.C. 7701 

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

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

24 Security Act of 1947 (50 U.S.C. 404, 405), Reorganiza25 tion Plan No. 3 of 1978 (5 U.S.C. App.), and the HomeVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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1 land Security Act of 2002 (6 U.S.C. 101 et seq.): Pro2 vided, That not to exceed $3,000 shall be for official recep3 tion and representation expenses: Provided further, That 

4 of the total amount made available under this heading, 

5 $35,000,000 shall be for Urban Search and Rescue, of 

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

7 for administrative costs: Provided further, That no less 

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

9 Capital Region Coordination. 

10 STATE AND LOCAL PROGRAMS

11 For grants, contracts, cooperative agreements, and 

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

14 any other provision of law, $3,101,000,000, which shall 

15 be allocated as follows: 

16 (1) $550,000,000 for formula-based grants and 

17 $400,000,000 for law enforcement terrorism preven18 tion grants pursuant to section 1014 of the USA 

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

20 the application for grants shall be made available to 

21 States within 45 days after the date of enactment of 

22 this Act; that States shall submit applications within 

23 90 days after the grant announcement; and the Fed24 eral Emergency Management Agency shall act with25 in 90 days after receipt of an application: Provided 

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


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1 under this paragraph to a State or to Puerto Rico 

2 shall be made available by the State or Puerto Rico 

3 to local governments within 60 days after the receipt 

4 of the funds. 

5 (2) $1,858,000,000 for discretionary grants, as 

6 determined by the Secretary of Homeland Security, 

7 of which— 

8 (A) $800,000,000 shall be for use in high9 threat, high-density urban areas; 

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

11 grants pursuant to section 70107 of title 46, 

12 United States Code; 

13 (C) $10,000,000 shall be for trucking in14 dustry security grants; 

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

16 security grants; 

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

18 passenger transportation (as defined in section 

19 24102 of title 49, United States Code), freight 

20 rail, and transit security grants; 

21 (F) $50,000,000 shall be for buffer zone 

22 protection grants; 

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

24 Equipment Direct Assistance grants; 


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HR 2638 RH 

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

2 Medical Response System grants; 

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

4 grants; 

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

6 communications grants; and 

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

8 grants pursuant to Public Law 109–13: 

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

10 the application for grants shall be made available to 

11 States within 45 days after the date of enactment of 

12 this Act; that States shall submit applications within 

13 90 days after the grant announcement; and that the 

14 Federal Emergency Management Agency shall act 

15 within 90 days after receipt of an application: Pro16 vided further, That no less than 80 percent of any 

17 grant under this paragraph to a State shall be made 

18 available by the State to local governments within 60 

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

20 That for grants under subparagraphs (B) through 

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

22 available for competitive award to eligible applicants 

23 not later than 75 days after the date of enactment 

24 of this Act, that eligible applicants shall submit ap25 plications not later than 45 days after the date of 


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HR 2638 RH 

1 the grant announcement, and that the Federal 

2 Emergency Management Agency shall act on such 

3 applications not later than 60 days after the date on 

4 which such an application is received. 

5 (3) $293,000,000 for training, exercises, tech6 nical assistance, and other programs: 

7 Provided, That none of the grants provided under this 

8 heading shall be used for the construction or renovation 

9 of facilities, except for emergency operations centers: Pro10 vided further, That the preceding proviso shall not apply 

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

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

13 Provided further, That grantees shall provide additional 

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

15 the Secretary of Homeland Security: Provided further, 

16 That funds appropriated for law enforcement terrorism 

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

18 discretionary grants under paragraph (2)(A) of this head19 ing shall be available for operational costs, including per20 sonnel overtime and overtime associated with certified 

21 training, as needed. 

22 FIREFIGHTER ASSISTANCE GRANTS

23 For grants authorized by the Federal Fire Prevention 

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

25 $800,000,000, of which $570,000,000 shall be available 

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


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1 $230,000,000 shall be available to carry out section 34 

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

3 September 30, 2009: Provided, That not to exceed 5 per4 cent of the amount available under this heading shall be 

5 available for program administration. 

6 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

7 For necessary expenses for emergency management 

8 performance grants, as authorized by the National Flood 

9 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob10 ert T. Stafford Disaster Relief and Emergency Assistance 

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

12 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re13 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

14 $300,000,000: Provided, That grants provided under this 

15 heading shall be distributed based on the formula used 

16 by the Department of Homeland Security in fiscal year 

17 2007: Provided further, That total administrative costs 

18 shall not exceed 3 percent of the total amount appro19 priated under this heading. 

20 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

21 The aggregate charges assessed during fiscal year 

22 2008, as authorized in title III of the Departments of Vet23 erans Affairs and Housing and Urban Development, and 

24 Independent Agencies Appropriations Act, 1999 (42 

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

26 amount the Secretary of Homeland Security anticipates 


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1 is necessary for the radiological emergency preparedness 

2 program of the Department of Homeland Security for the 

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

4 assessment and collection of fees shall be fair and equi5 table and shall reflect the cost of providing such services, 

6 including the administrative cost of collecting such fees: 

7 Provided further, That fees received under this heading 

8 shall be deposited in this account as offsetting collections 

9 and shall become available for authorized purposes on Oc10 tober 1, 2008, and remain available until expended. 

11 UNITED STATES FIRE ADMINISTRATION

12 For necessary expenses of the United States Fire Ad13 ministration and for other purposes, as authorized by the 

14 Federal Fire Prevention and Control Act of 1974 (15 

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

16 2002 (6 U.S.C. 101 et seq.), $43,300,000. 

17 DISASTER RELIEF

18 For necessary expenses in carrying out the Robert 

19 T. Stafford Disaster Relief and Emergency Assistance Act 

20 (42 U.S.C. 5121 et seq.), $1,700,000,000, to remain avail21 able until expended. 

22 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

23 For activities under section 319 of the Robert T. 

24 Stafford Disaster Relief and Emergency Assistance Act 

25 (42 U.S.C. 5162), $875,000, of which $580,000 is for ad26 ministrative expenses to carry out the direct loan program 


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

2 loans: Provided, That gross obligations for the principal 

3 amount of direct loans under that section shall not exceed 

4 $25,000,000: Provided further, That the cost of a modi5 fication of such a loan shall be as defined in section 

6 502(5)(D) of the Congressional Budget Act of 1974 (2 

7 U.S.C. 661a). 

8 FLOOD MAP MODERNIZATION FUND

9 For necessary expenses under section 1360 of the 

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

11 $230,000,000, and such additional sums as may be pro12 vided by State and local governments or other political 

13 subdivisions for cost-shared mapping activities under sub14 section (f) of such section, to remain available until ex15 pended: Provided, That total administrative costs shall not 

16 exceed 3 percent of the total amount appropriated under 

17 this heading. 

18 NATIONAL FLOOD INSURANCE FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For activities under the National Flood Insurance 

21 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis22 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

23 $145,000,000, which is available as follows: (1) not to ex24 ceed $45,642,000 for salaries and expenses associated 

25 with flood mitigation and flood insurance operations; and 

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


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1 which shall be derived from offsetting collections assessed 

2 and collected under section 1307 of the National Flood 

3 Insurance Act of 1968 (42 U.S.C. 4014), to remain avail4 able until September 30, 2009, including up to 

5 $34,000,000 for flood mitigation expenses under section 

6 1366 of that Act (42 U.S.C. 4104c), which shall be avail7 able for transfer to the National Flood Mitigation Fund 

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

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

10 collected pursuant to section 1307 of that Act shall be 

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

12 available for flood hazard mitigation expenses: Provided 

13 further, That in fiscal year 2008, no funds shall be avail14 able from the National Flood Insurance Fund under sec15 tion 1310 of that Act (42 U.S.C. 4017) in excess of: (1) 

16 $70,000,000 for operating expenses; (2) $773,772,000 for 

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

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

19 $90,000,000 for flood mitigation actions with respect to 

20 severe repetitive loss properties under section 1361A of 

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

22 claims properties under section 1323 of that Act (42 

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

24 Provided further, That total administrative costs shall not 

25 exceed 4 percent of the total appropriation. 


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1 NATIONAL FLOOD MITIGATION FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 Notwithstanding subparagraphs (B) and (C) of sub4 section (b)(3), and subsection (f), of section 1366 of the 

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

6 $34,000,000, to remain available until September 30, 

7 2009, for activities designed to reduce the risk of flood 

8 damage to structures pursuant to such Act, of which 

9 $34,000,000 shall be derived from the National Flood In10 surance Fund under section 1310 of that Act (42 U.S.C. 

11 4017). 

12 NATIONAL PRE-DISASTER MITIGATION FUND

13 For a predisaster mitigation grant program under 

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

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

16 $120,000,000, to remain available until expended: Pro17 vided, That grants made for predisaster mitigation shall 

18 be awarded on a competitive basis subject to the criteria 

19 in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro20 vided further, That the total administrative costs associ21 ated with such grants shall not exceed 3 percent of the 

22 total amount made available under this heading. 

23 EMERGENCY FOOD AND SHELTER

24 To carry out an emergency food and shelter program 

25 pursuant to title III of the McKinney-Vento Homeless As26 sistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to 


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1 remain available until expended: Provided, That total ad2 ministrative costs shall not exceed 3.5 percent of the total 

3 amount made available under this heading. 

4 TITLE IV—RESEARCH AND DEVELOPMENT, 

5 TRAINING, AND SERVICES 

6 UNITED STATES CITIZENSHIP AND IMMIGRATION

7 SERVICES

8 For necessary expenses for citizenship and immigra9 tion services, $30,000,000: Provided, That collections 

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

11 until the Committees on Appropriations of the Senate and 

12 the House of Representatives, and the Committee on the 

13 Judiciary of the House of Representatives, receive a stra14 tegic transformation plan for United States Citizenship 

15 and Immigration Services that has been reviewed and ap16 proved by the Secretary of Homeland Security and re17 viewed by the Government Accountability Office. 

18 FEDERAL LAW ENFORCEMENT TRAINING CENTER

19 SALARIES AND EXPENSES

20 For necessary expenses of the Federal Law Enforce21 ment Training Center under section 884 of the Homeland 

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

23 and support costs of Federal law enforcement basic train24 ing; purchase of not to exceed 117 vehicles for police-type 

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1 dent athletic and related activities; the conduct of and par2 ticipation in firearms matches and presentation of awards; 

3 public awareness and enhancement of community support 

4 of law enforcement training; room and board for student 

5 interns; a flat monthly reimbursement to employees au6 thorized to use personal mobile phones for official duties; 

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

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

9 $43,910,000 shall remain available until September 30, 

10 2008 for materials and support costs of Federal law en11 forcement basic training; of which $300,000 shall remain 

12 available until expended for Federal law enforcement 

13 agencies participating in training accreditation, to be dis14 tributed as determined by the Federal Law Enforcement 

15 Training Center for the needs of participating agencies; 

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

17 reception and representation expenses: Provided, That sec18 tion 1202(a) of Public Law 107–206 (42 U.S.C. 3771 

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

20 inserting ‘‘December 31, 2008’’. 

21 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

22 RELATED EXPENSES

23 For acquisition of necessary additional real property 

24 and facilities, construction, and ongoing maintenance, fa25 cility improvements, and related expenses of the Federal 

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1 main available until expended: Provided, That the Center 

2 is authorized to accept reimbursement to this appropria3 tion from Government agencies requesting the construc4 tion of special use facilities. 

5 SCIENCE AND TECHNOLOGY

6 MANAGEMENT AND ADMINISTRATION

7 For salaries and expenses of the Office of the Under 

8 Secretary for Science and Technology and for manage9 ment and administration of programs and activities, as 

10 authorized by title III of the Homeland Security Act of 

11 2002 (6 U.S.C. 181 et seq.), $130,787,000: Provided, 

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

13 and representation expenses. 

14 RESEARCH, DEVELOPMENT, ACQUISITION AND

15 OPERATIONS

16 For necessary expenses for science and technology re17 search, including advanced research projects; development; 

18 test and evaluation; acquisition; and operations; as author19 ized by title III of the Homeland Security Act of 2002 

20 (6 U.S.C. 181 et seq.); $646,325,000, to remain available 

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

22 available under this heading shall be obligated for the 

23 Analysis, Dissemination, Visualization, Insight, and Se24 mantic Enhancement program until the Secretary of 

25 Homeland Security completes a Privacy Impact Assess26 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, to remain available until Sep18 tember 30, 2010: Provided, That none of the funds appro19 priated under this heading shall be obligated for full-scale 

20 procurement of Advanced Spectroscopic Portal Monitors 

21 until the Secretary of Homeland Security submits to the 

22 Committees on Appropriations of the Senate and the 

23 House of Representatives a report certifying that a signifi24 cant increase in operational effectiveness will be achieved 

25 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 five full business days in ad21 vance of announcing publicly the intention of making an 

22 award of formula-based grants, law enforcement terrorism 

23 prevention grants, or high-threat, high-density urban 

24 areas grants: Provided further, That such notification shall 


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1 include a description of the project or projects to be fund2 ed 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 

25 terms and conditions or the head of contracting acVerDate Aug 31 2005 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH H2638

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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 21:59 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H2638.RH 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. (a) None of the funds appropriated in this 

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

20 a 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 (b) The Secretary of Homeland Security shall estab2 lish an objective of awarding at least 3 percent of the total 

3 value of all contracts to be carried out with amounts ap4 propriated in this Act to small business concerns. 

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

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

7 107–296. 

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

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

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

11 (RESCISSION OF FUNDS)

12 SEC. 540. From the unobligated balances of funds 

13 transferred to the Department of Homeland Security 

14 when it was created in 2003, excluding mandatory appro15 priations, $55,273,000 is rescinded, of which $12,084,003 

16 shall be rescinded from Departmental Operations. 

17 SEC. 541. None of the funds provided by this or pre18 vious appropriation Acts shall be used to fund any position 

19 designated as a Principal Federal Official during any de20 clared disasters or emergencies. 

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

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

23 ‘‘(6) FAILURE TO COLLECT AIRPORT SECU24 RITY BADGES.—Notwithstanding paragraph (1), any 

25 employer (other than a governmental entity or air26 port operator) who employs an employee to whom an 


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1 airport security badge or other identifier used to ob2 tain access to a secure area of an airport is issued 

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

4 paragraph and who does not collect or make reason5 able efforts to collect such badge from the employee 

6 on the date that the employment of the employee is 

7 terminated and does not notify the operator of the 

8 airport of such termination within 24 hours of the 

9 date of such termination shall be liable to the Gov10 ernment for a civil penalty not to exceed $10,000.’’. 

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

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

13 Services to grant an immigration benefit to any individual 

14 unless all criminal history and other background checks 

15 required for the benefit have been completed, the results 

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

17 Immigration Services, and the results do not preclude the 

18 grant of the benefit. 

19 This Act may be cited as the ‘‘Department of Home20 land Security Appropriations Act, 2008’’. 


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Union Calendar No. 106 

110TH CONGRESS 

1ST SESSION H. R. 2638 

[Report No. 110

–181] 

A BILL 

Making appropriations for the Department of 

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

JUNE 8, 2007 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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