II 

Calendar No. 204 

110TH CONGRESS 

1ST SESSION S. 1644 

[Report No. 110–84] 

Making appropriations for the Department of Homeland Security for the 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2007 

Mr. BYRD, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

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 fiscal year ending September 30, 2008, for the Depart6 ment of Homeland Security and for other purposes, name7 ly: 
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1 TITLE I 

2 DEPARTMENT OF HOMELAND SECURITY 

3 DEPARTMENTAL MANAGEMENT AND 

4 OPERATIONS 

5 OFFICE OF THE SECRETARY AND EXECUTIVE

6 MANAGEMENT

7 For necessary expenses of the Office of the Secretary 

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

9 Homeland Security Act of 2002 (6 U.S.C. 112), and exec10 utive management of the Department of Homeland Secu11 rity, as authorized by law, $100,000,000: Provided, That 

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

13 representation expenses: Provided further, That 

14 $15,000,000 shall not be available for obligation until the 

15 Secretary certifies and reports to the Committees on Ap16 propriations of the Senate and the House of Representa17 tives that the Department has revised Departmental guid18 ance with respect to relations with the Government Ac19 countability Office to specifically provide for: (1) expedited 

20 timeframes for providing the Government Accountability 

21 Office with access to records not to exceed 20 days from 

22 the date of request; (2) expedited timeframes for inter23 views of program officials by the Government Account24 ability Office after reasonable notice has been furnished 

25 to the Department by the Government Accountability Of-
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1 fice; and (3) a significant streamlining of the review proc2 ess for documents and interview requests by liaisons, coun3 sel, and program officials, consistent with the objective 

4 that the Government Accountability Office be given timely 

5 and complete access to documents and agency officials: 

6 Provided further, That the Secretary shall make the revi7 sions to Departmental guidance with respect to relations 

8 with the Government Accountability Office in consultation 

9 with the Comptroller General of the United States. 

10 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

11 For necessary expenses of the Office of the Under 

12 Secretary for Management, as authorized by sections 701 

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

14 U.S.C. 341 through 345), $234,883,000, of which not to 

15 exceed $3,000 shall be for official reception and represen16 tation expenses: Provided, That of the total amount, 

17 $6,000,000 shall remain available until expended solely for 

18 the alteration and improvement of facilities, tenant im19 provements, and relocation costs to consolidate Depart20 ment headquarters operations; and $88,000,000 shall re21 main available until expended for the Consolidated Head22 quarters Project. 
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $30,076,000. 

5 OFFICE OF THE CHIEF INFORMATION OFFICER

6 For necessary expenses of the Office of the Chief In7 formation Officer, as authorized by section 103 of the 

8 Homeland Security Act of 2002 (6 U.S.C. 113), and De9 partment-wide technology investments, $321,100,000; of 

10 which $82,400,000 shall be available for salaries and ex11 penses; and of which $238,700,000, to remain available 

12 until expended, shall be available for development and ac13 quisition of information technology equipment, software, 

14 services, and related activities for the Department of 

15 Homeland Security, of which $97,300,000 shall be for the 

16 National Center for Critical Information Processing and 

17 Storage: Provided, That none of the funds appropriated 

18 shall be used to support or supplement the appropriations 

19 provided for the United States Visitor and Immigrant Sta20 tus Indicator Technology project or the Automated Com21 mercial Environment. 

22 ANALYSIS AND OPERATIONS

23 For necessary expenses for information analysis and 

24 operations coordination activities, as authorized by title II 

25 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 
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1 seq.), $306,000,000, to remain available until September 

2 30, 2009, of which not to exceed $5,000 shall be for offi3 cial reception and representation expenses. 

4 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

5 COAST REBUILDING

6 For necessary expenses of the Office of the Federal 

7 Coordinator for Gulf Coast Rebuilding, $3,000,000: Pro8 vided, That $1,000,000 shall not be available for obliga9 tion until the Committees on Appropriations of the Senate 

10 and the House of Representatives receive an expenditure 

11 plan for fiscal year 2008. 

12 OFFICE OF INSPECTOR GENERAL

13 OPERATING EXPENSES

14 For necessary expenses of the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978 (5 U.S.C. App.), $95,211,000, of 

17 which not to exceed $150,000 may be used for certain con18 fidential operational expenses, including the payment of 

19 informants, to be expended at the direction of the Inspec20 tor General. 
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1 TITLE II 

2 SECURITY, ENFORCEMENT, AND 

3 INVESTIGATIONS 

4 U.S. CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For necessary expenses for enforcement of laws relat7 ing to border security, immigration, customs, and agricul8 tural inspections and regulatory activities related to plant 

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

10 (2,400 for replacement only) police-type vehicles; and con11 tracting with individuals for personal services abroad; 

12 $6,601,058,000; of which $230,316,000 shall remain 

13 available until September 30, 2009, to support software 

14 development, equipment, contract services, and the imple15 mentation of inbound lanes and modification to vehicle 

16 primary processing lanes at ports of entry; of which 

17 $3,093,000 shall be derived from the Harbor Maintenance 

18 Trust Fund for administrative expenses related to the col19 lection of the Harbor Maintenance Fee pursuant to section 

20 9505(c)(3) of the Internal Revenue Code of 1986 (26 

21 U.S.C. 9505(c)(3)) and notwithstanding section 

22 1511(e)(1) of the Homeland Security Act of 2002 (6 

23 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall 

24 be for official reception and representation expenses; of 

25 which not less than $226,740,000 shall be for Air and Ma-
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1 rine Operations; of which such sums as become available 

2 in the Customs User Fee Account, except sums subject 

3 to section 13031(f)(3) of the Consolidated Omnibus Budg4 et Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall 

5 be derived from that account; of which not to exceed 

6 $150,000 shall be available for payment for rental space 

7 in connection with preclearance operations; and of which 

8 not to exceed $1,000,000 shall be for awards of compensa9 tion to informants, to be accounted for solely under the 

10 certificate of the Secretary of Homeland Security: Pro11 vided, That for fiscal year 2008, the overtime limitation 

12 prescribed in section 5(c)(1) of the Act of February 13, 

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

15 appropriated by this Act may be available to compensate 

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

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

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

22 immigration emergencies. 

23 AUTOMATION MODERNIZATION

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

26 expended, of which not less than $316,969,000 shall be 
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1 for the development of the Automated Commercial Envi2 ronment: Provided, That of the total amount made avail3 able under this heading, $216,969,000 may not be obli4 gated for the Automated Commercial Environment until 

5 the Committees on Appropriations of the Senate and the 

6 House of Representatives receive a plan for expenditure 

7 prepared by the Secretary of Homeland Security that in8 cludes: 

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

10 progress to date relative to system capabilities or 

11 services, system performance levels, mission benefits 

12 and outcomes, milestones, cost targets, and program 

13 management capabilities; 

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

15 funds are to be obligated to meet future program 

16 commitments, with the planned expenditure of funds 

17 linked to the milestone-based delivery of specific ca18 pabilities, services, performance levels, mission bene19 fits and outcomes, and program management capa20 bilities; 

21 (3) a listing of all open Government Account22 ability Office and Office of Inspector General rec23 ommendations related to the program and the status 

24 of Department of Homeland Security actions to ad-
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1 dress the recommendations, including milestones for 

2 fully addressing them; 

3 (4) a certification by the Chief Financial Offi4 cer of the Department that the program has been 

5 reviewed and approved in accordance with the in6 vestment management process of the Department, 

7 and that the process fulfills all capital planning and 

8 investment control requirements and reviews estab9 lished by the Office of Management and Budget, in10 cluding Circular A–11, part 7; 

11 (5) a certification by the Chief Information Of12 ficer of the Department that an independent valida13 tion and verification agent has and will continue to 

14 actively review the program; 

15 (6) a certification by the Chief Information Of16 ficer of the Department that the system architecture 

17 of the program is sufficiently aligned with the infor18 mation systems enterprise architecture of the De19 partment to minimize future rework, including a de20 scription of all aspects of the architectures that were 

21 and were not assessed in making the alignment de22 termination, the date of the alignment determina23 tion, any known areas of misalignment along with 

24 the associated risks and corrective actions to address 

25 any such areas; 
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1 (7) a certification by the Chief Procurement Of2 ficer of the Department that the plans for the pro3 gram comply with the Federal acquisition rules, re4 quirements, guidelines, and practices, and a descrip5 tion of the actions being taken to address areas of 

6 non-compliance, the risks associated with them along 

7 with any plans for addressing these risks and the 

8 status of their implementation; 

9 (8) a certification by the Chief Information Of10 ficer of the Department that the program has a risk 

11 management process that regularly identifies, evalu12 ates, mitigates, and monitors risks throughout the 

13 system life cycle, and communicates high-risk condi14 tions to agency and department heads, as well as a 

15 listing of all the program’s high risks and the status 

16 of efforts to address them; and 

17 (9) a certification by the Chief Human Capital 

18 Officer of the Department that the human capital 

19 needs of the program are being strategically and 

20 proactively managed, and that current human cap21 ital capabilities are sufficient to execute the plans 

22 discussed in the report. 

23 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

24 TECHNOLOGY

25 For expenses for customs and border protection fenc26 ing, infrastructure, and technology, $1,000,000,000, to re-
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1 main available until expended: Provided, That of the 

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

3 not be obligated until the Committees on Appropriations 

4 of the Senate and the House of Representatives receive 

5 and approve a plan for expenditure, prepared by the Sec6 retary of Homeland Security and submitted within 90 

7 days after the date of enactment of this Act, that includes: 

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

9 progress to date relative to system capabilities or 

10 services, system performance levels, mission benefits 

11 and outcomes, milestones, cost targets, and program 

12 management capabilities; 

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

14 funds are to be obligated to meet future program 

15 commitments, with the planned expenditure of funds 

16 linked to the milestone-based delivery of specific ca17 pabilities, services, performance levels, mission bene18 fits and outcomes, and program management capa19 bilities; 

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

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

25 fully addressing them; 
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1 (4) a certification by the Chief Financial Offi2 cer of the Department that the program has been 

3 reviewed and approved in accordance with the in4 vestment management process of the Department, 

5 and that the process fulfills all capital planning and 

6 investment control requirements and reviews estab7 lished by the Office of Management and Budget, in8 cluding Circular A–11, part 7; 

9 (5) a certification by the Chief Information Of10 ficer of the Department that an independent valida11 tion and verification agent has and will continue to 

12 actively review the program; 

13 (6) a certification by the Chief Information Of14 ficer of the Department that the system architecture 

15 of the program is sufficiently aligned with the infor16 mation systems enterprise architecture of the De17 partment to minimize future rework, including a de18 scription of all aspects of the architectures that were 

19 and were not assessed in making the alignment de20 termination, the date of the alignment determina21 tion, any known areas of misalignment along with 

22 the associated risks and corrective actions to address 

23 any such areas; 

24 (7) a certification by the Chief Procurement Of25 ficer of the Department that the plans for the pro-
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1 gram comply with the Federal acquisition rules, re2 quirements, guidelines, and practices, and a descrip3 tion of the actions being taken to address areas of 

4 non-compliance, the risks associated with them along 

5 with any plans for addressing these risks and the 

6 status of their implementation; 

7 (8) a certification by the Chief Information Of8 ficer of the Department that the program has a risk 

9 management process that regularly identifies, evalu10 ates, mitigates, and monitors risks throughout the 

11 system life cycle, and communicates high-risk condi12 tions to agency and department heads, as well as a 

13 listing of all the program’s high risks and the status 

14 of efforts to address them; 

15 (9) a certification by the Chief Human Capital 

16 Officer of the Department that the human capital 

17 needs of the program are being strategically and 

18 proactively managed, and that current human cap19 ital capabilities are sufficient to execute the plans 

20 discussed in the report; 

21 (10) a description of initial plans for securing 

22 the Northern border and United States maritime 

23 border; and 

24 (11) which is reviewed by the Government Ac25 countability Office. 
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1 AIR AND MARINE INTERDICTION, OPERATIONS, 

2 MAINTENANCE, AND PROCUREMENT

3 For necessary expenses for the operations, mainte4 nance, and procurement of marine vessels, aircraft, un5 manned aircraft systems, and other related equipment of 

6 the air and marine program, including operational train7 ing and mission-related travel, and rental payments for 

8 facilities occupied by the air or marine interdiction and 

9 demand reduction programs, the operations of which in10 clude the following: the interdiction of narcotics and other 

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

12 agencies in the enforcement or administration of laws en13 forced by the Department of Homeland Security; and at 

14 the discretion of the Secretary of Homeland Security, the 

15 provision of assistance to Federal, State, and local agen16 cies in other law enforcement and emergency humani17 tarian efforts, $488,947,000, to remain available until ex18 pended: Provided, That no aircraft or other related equip19 ment, with the exception of aircraft that are one of a kind 

20 and have been identified as excess to United States Cus21 toms and Border Protection requirements and aircraft 

22 that have been damaged beyond repair, shall be trans23 ferred to any other Federal agency, department, or office 

24 outside of the Department of Homeland Security during 

25 fiscal year 2008 without the prior approval of the Commit-
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1 tees on Appropriations of the Senate and the House of 

2 Representatives. 

3 CONSTRUCTION

4 For necessary expenses to plan, construct, renovate, 

5 equip, and maintain buildings and facilities necessary for 

6 the administration and enforcement of the laws relating 

7 to customs and immigration, $274,863,000, to remain 

8 available until expended; of which $40,200,000 shall be 

9 for the Advanced Training Center. 

10 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

11 SALARIES AND EXPENSES

12 For necessary expenses for enforcement of immigra13 tion and customs laws, detention and removals, and inves14 tigations; and purchase and lease of up to 3,790 (2,350 

15 for replacement only) police-type vehicles; $4,401,643,000, 

16 of which not to exceed $7,500,000 shall be available until 

17 expended for conducting special operations under section 

18 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 

19 2081); of which not to exceed $15,000 shall be for official 

20 reception and representation expenses; of which not to ex21 ceed $1,000,000 shall be for awards of compensation to 

22 informants, to be accounted for solely under the certificate 

23 of the Secretary of Homeland Security; of which not less 

24 than $102,000 shall be for promotion of public awareness 

25 of the child pornography tipline; of which not less than 

26 $203,000 shall be for Project Alert; of which not less than 
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1 $5,400,000 may be used to facilitate agreements con2 sistent with section 287(g) of the Immigration and Na3 tionality Act (8 U.S.C. 1357(g)); and of which not to ex4 ceed $11,216,000 shall be available to fund or reimburse 

5 other Federal agencies for the costs associated with the 

6 care, maintenance, and repatriation of smuggled illegal 

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

8 under this heading shall be available to compensate any 

9 employee for overtime in an annual amount in excess of 

10 $35,000, except that the Secretary of Homeland Security, 

11 or the designee of the Secretary, may waive that amount 

12 as necessary for national security purposes and in cases 

13 of immigration emergencies: Provided further, That of the 

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

15 to enforce laws against forced child labor in fiscal year 

16 2008, of which not to exceed $6,000,000 shall remain 

17 available until expended. 

18 FEDERAL PROTECTIVE SERVICE

19 The revenues and collections of security fees credited 

20 to this account shall be available until expended for nec21 essary expenses related to the protection of federally22 owned and leased buildings and for the operations of the 

23 Federal Protective Service: Provided, That the Secretary 

24 of Homeland Security and the Director of the Office of 

25 Management and Budget shall certify in writing to the 

26 Committees on Appropriations of the Senate and the 
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1 House of Representatives no later than November 1, 2007, 

2 that the operations of the Federal Protective Service will 

3 be fully funded in fiscal year 2008 through revenues and 

4 collection of security fees: Provided further, That a certifi5 cation shall be provided no later than February 10, 2008, 

6 for fiscal year 2009. 

7 AUTOMATION MODERNIZATION

8 For expenses of immigration and customs enforce9 ment automated systems, $15,000,000, to remain avail10 able until expended: Provided, That of the funds made 

11 available under this heading, $5,000,000 may not be obli12 gated until the Committees on Appropriations of the Sen13 ate and the House of Representatives receive a plan for 

14 expenditure prepared by the Secretary of Homeland Secu15 rity. 

16 CONSTRUCTION

17 For necessary expenses to plan, construct, renovate, 

18 equip, and maintain buildings and facilities necessary for 

19 the administration and enforcement of the laws relating 

20 to customs and immigration, $16,250,000, to remain 

21 available until expended. 

22 TRANSPORTATION SECURITY ADMINISTRATION

23 AVIATION SECURITY

24 For necessary expenses of the Transportation Secu25 rity Administration related to providing civil aviation secu26 rity services pursuant to the Aviation and Transportation 
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1 Security Act (Public Law 107–71; 115 Stat. 597; 49 

2 U.S.C. 40101 note), $5,039,559,000, to remain available 

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

4 shall be for official reception and representation expenses: 

5 Provided, That of the total amount made available under 

6 this heading, not to exceed $4,074,889,000 shall be for 

7 screening operations, of which $529,400,000 shall be 

8 available only for procurement and installation of checked 

9 baggage explosive detection systems; and not to exceed 

10 $964,445,000 shall be for aviation security direction and 

11 enforcement: Provided further, That security service fees 

12 authorized under section 44940 of title 49, United States 

13 Code, shall be credited to this appropriation as offsetting 

14 collections and shall be available only for aviation security: 

15 Provided further, That the sum herein appropriated from 

16 the General Fund shall be reduced on a dollar-for-dollar 

17 basis as such offsetting collections are received during fis18 cal year 2008, so as to result in a final fiscal year appro19 priation from the General Fund estimated at not more 

20 than $2,329,334,000: Provided further, That any security 

21 service fees collected in excess of the amount made avail22 able under this heading shall become available during fis23 cal year 2009: Provided further, That Members of the 

24 United States House of Representatives and United States 

25 Senate, including the leadership; and the heads of Federal 
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1 agencies and commissions, including the Secretary, Under 

2 Secretaries, and Assistant Secretaries of the Department 

3 of Homeland Security; the United States Attorney General 

4 and Assistant Attorneys General and the United States 

5 attorneys; and senior members of the Executive Office of 

6 the President, including the Director of the Office of Man7 agement and Budget; shall not be exempt from Federal 

8 passenger and baggage screening. 

9 SURFACE TRANSPORTATION SECURITY

10 For necessary expenses of the Transportation Secu11 rity Administration related to providing surface transpor12 tation security activities, $41,413,000, to remain available 

13 until September 30, 2009. 

14 TRANSPORTATION THREAT ASSESSMENT AND

15 CREDENTIALING

16 For necessary expenses for the development and im17 plementation of screening programs of the Office of 

18 Transportation Threat Assessment and Credentialing, 

19 $67,490,000, to remain available until September 30, 

20 2009. 

21 TRANSPORTATION SECURITY SUPPORT

22 For necessary expenses of the Transportation Secu23 rity Administration related to providing transportation se24 curity support and intelligence pursuant to the Aviation 

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

26 115 Stat. 597; 49 U.S.C. 40101 note), $524,515,000, to 
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1 remain available until September 30, 2009: Provided, 

2 That of the funds appropriated under this heading, 

3 $20,000,000 may not be obligated until the Secretary of 

4 Homeland Security submits to the Committees on Appro5 priations of the Senate and the House of Representatives 

6 a strategic plan required for checkpoint technologies as de7 scribed in the joint explanatory statement of managers ac8 companying the fiscal year 2007 conference report (H. 

9 Rept. 109–699): Provided further, That this plan shall be 

10 submitted no later than 60 days after the date of enact11 ment of this Act. 

12 FEDERAL AIR MARSHALS

13 For necessary expenses of the Federal Air Marshals, 

14 $722,000,000. 

15 UNITED STATES COAST GUARD

16 OPERATING EXPENSES

17 For necessary expenses for the operation and mainte18 nance of the United States Coast Guard not otherwise 

19 provided for; purchase or lease of not to exceed 25 pas20 senger motor vehicles, which shall be for replacement only; 

21 payments pursuant to section 156 of Public Law 97–377 

22 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 

23 welfare; $5,930,545,000, of which $340,000,000 shall be 

24 for defense-related activities; of which $24,500,000 shall 

25 be derived from the Oil Spill Liability Trust Fund to carry 

26 out the purposes of section 1012(a)(5) of the Oil Pollution 
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1 Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not to 

2 exceed $10,000 shall be for official reception and represen3 tation expenses: Provided, That none of the funds made 

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

5 administrative expenses in connection with shipping com6 missioners in the United States: Provided further, That 

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

8 expenses incurred for yacht documentation under section 

9 12109 of title 46, United States Code, except to the extent 

10 fees are collected from yacht owners and credited to this 

11 appropriation. 

12 ENVIRONMENTAL COMPLIANCE AND RESTORATION

13 For necessary expenses to carry out the environ14 mental compliance and restoration functions of the United 

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

16 States Code, $12,079,000, to remain available until ex17 pended. 

18 RESERVE TRAINING

19 For necessary expenses of the Coast Guard Reserve, 

20 as authorized by law; operations and maintenance of the 

21 reserve program; personnel and training costs; and equip22 ment and services; $126,883,000. 

23 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

24 (INCLUDING RESCISSIONS OF FUNDS)

25 For necessary expenses of acquisition, construction, 

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

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

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

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

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

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

8 shall be available until September 30, 2012, to acquire, 

9 repair, renovate, or improve vessels, small boats, and re10 lated equipment; of which $173,600,000 shall be available 

11 until September 30, 2010, for other equipment; of which 

12 $37,897,000 shall be available until September 30, 2010, 

13 for shore facilities and aids to navigation facilities; of 

14 which $505,000 shall be available for personnel related 

15 costs; and of which $770,079,000 shall be available until 

16 September 30, 2012, for the Integrated Deepwater Sys17 tems program: Provided, That the Commandant of the 

18 Coast Guard is authorized to dispose of surplus real prop19 erty, by sale or lease, and the proceeds shall be credited 

20 to this appropriation as offsetting collections and shall be 

21 available until September 30, 2010: Provided further, That 

22 of amounts made available under this heading in Public 

23 Law 109–90, $48,787,000 for the Offshore Patrol Cutter 

24 are rescinded: Provided further, That of the amounts made 

25 available under this heading in Public Law 109–295, 
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1 $8,000,000 for the Fast Response Cutter (FRC–A) are 

2 rescinded: Provided further, That the Secretary shall sub3 mit an expenditure plan to the Committees on Appropria4 tions of the Senate and the House of Representatives with5 in 60 days after the date of enactment of this Act for 

6 funds made available for the Integrated Deepwater Pro7 gram, that: (1) defines activities, milestones, yearly costs, 

8 and life-cycle costs for each procurement of a major asset; 

9 (2) identifies life-cycle staffing and training needs of Coast 

10 Guard project managers and of procurement and contract 

11 staff; (3) includes a certification by the Chief Human Cap12 ital Officer of the Department that current human capital 

13 capabilities are sufficient to execute the plans discussed 

14 in the report; (4) identifies individual project balances by 

15 fiscal year, including planned carryover into fiscal year 

16 2009 by project; (5) identifies operational gaps for all 

17 Deepwater assets and an explanation of how funds pro18 vided in this Act address the shortfalls between current 

19 operational capabilities and requirements; (6) includes a 

20 listing of all open Government Accountability Office and 

21 Office of Inspector General recommendations related to 

22 the program and the status of Coast Guard actions to ad23 dress the recommendations, including milestones for fully 

24 addressing them; (7) includes a certification by the Chief 

25 Financial Officer of the Department that the program has 
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1 been reviewed and approved in accordance with the invest2 ment management process of the Department, and that 

3 the process fulfills all capital planning and investment con4 trol requirements and reviews established by the Office of 

5 Management and Budget, including Circular A–11, part 

6 7; (8) identifies competition to be conducted in each pro7 curement; (9) includes a certification by the head of con8 tracting activity for the Coast Guard and the Chief Pro9 curement Officer of the Department that the plans for the 

10 program comply with the Federal acquisition rules, re11 quirements, guidelines, and practices, and a description of 

12 the actions being taken to address areas of non-compli13 ance, the risks associated with them along with plans for 

14 addressing these risks and the status of their implementa15 tion; (10) identifies the use of independent validation and 

16 verification; and (11) is reviewed by the Government Ac17 countability Office: Provided further, That the Secretary 

18 of Homeland Security shall submit to the Committees on 

19 Appropriations of the Senate and the House of Represent20 atives, in conjunction with the President’s fiscal year 2009 

21 budget, a review of the Revised Deepwater Implementa22 tion Plan that identifies any changes to the plan for the 

23 fiscal year; an annual performance comparison of Deep24 water assets to pre-Deepwater legacy assets; a status re25 port of legacy assets; a detailed explanation of how the 
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1 costs of legacy assets are being accounted for within the 

2 Deepwater program; and the earned value management 

3 system gold card data for each Deepwater asset: Provided 

4 further, That the Secretary shall submit to the Committees 

5 on Appropriations of the Senate and the House of Rep6 resentatives a comprehensive review of the Revised Deep7 water Implementation Plan every five years, beginning in 

8 fiscal year 2011, that includes a complete projection of 

9 the acquisition costs and schedule for the duration of the 

10 plan through fiscal year 2027: Provided further, That the 

11 Secretary shall annually submit to the Committees on Ap12 propriations of the Senate and the House of Representa13 tives, at the time that the President’s budget is submitted 

14 under section 1105(a) of title 31, United States Code, a 

15 future-years capital investment plan for the Coast Guard 

16 that identifies for each capital budget line item— 

17 (1) the proposed appropriation included in that 

18 budget; 

19 (2) the total estimated cost of completion; 

20 (3) projected funding levels for each fiscal year 

21 for the next five fiscal years or until project comple22 tion, whichever is earlier; 

23 (4) an estimated completion date at the pro24 jected funding levels; and 
26 

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

2 of completion or estimated completion date from 

3 previous future-years capital investment plans sub4 mitted to the Committees on Appropriations of the 

5 Senate and the House of Representatives: 

6 Provided further, That the Secretary shall ensure that 

7 amounts specified in the future-years capital investment 

8 plan are consistent to the maximum extent practicable 

9 with proposed appropriations necessary to support the 

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

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

12 of title 31, United States Code, for that fiscal year: Pro13 vided further, That any inconsistencies between the capital 

14 investment plan and proposed appropriations shall be 

15 identified and justified. 

16 ALTERATION OF BRIDGES

17 For necessary expenses for alteration or removal of 

18 obstructive bridges, as authorized by section 6 of the Tru19 man-Hobbs Act (33 U.S.C. 516), $16,000,000, to remain 

20 available until expended. 

21 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

22 For necessary expenses for applied scientific re23 search, development, test, and evaluation; and for mainte24 nance, rehabilitation, lease, and operation of facilities and 

25 equipment; as authorized by law; $25,583,000, to remain 

26 available until expended, of which $500,000 shall be de-
27 

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1 rived from the Oil Spill Liability Trust Fund to carry out 

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

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

4 be credited to and used for the purposes of this appropria5 tion funds received from State and local governments, 

6 other public authorities, private sources, and foreign coun7 tries for expenses incurred for research, development, test8 ing, and evaluation. 

9 RETIRED PAY

10 For retired pay, including the payment of obligations 

11 otherwise chargeable to lapsed appropriations for this pur12 pose, payments under the Retired Serviceman’s Family 

13 Protection and Survivor Benefits Plans, payment for ca14 reer status bonuses, concurrent receipts and combat-re15 lated special compensation under the National Defense 

16 Authorization Act, and payments for medical care of re17 tired personnel and their dependents under chapter 55 of 

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

19 available until expended. 

20 UNITED STATES SECRET SERVICE

21 SALARIES AND EXPENSES

22 For necessary expenses of the United States Secret 

23 Service, including purchase of not to exceed 645 vehicles 

24 for police-type use, which shall be for replacement only, 

25 and hire of passenger motor vehicles; purchase of motor26 cycles made in the United States; hire of aircraft; services 
28 

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1 of expert witnesses at such rates as may be determined 

2 by the Director of the Secret Service; rental of buildings 

3 in the District of Columbia, and fencing, lighting, guard 

4 booths, and other facilities on private or other property 

5 not in Government ownership or control, as may be nec6 essary to perform protective functions; payment of per 

7 diem or subsistence allowances to employees where a pro8 tective assignment during the actual day or days of the 

9 visit of a protectee requires an employee to work 16 hours 

10 per day or to remain overnight at a post of duty; conduct 

11 of and participation in firearms matches; presentation of 

12 awards; travel of Secret Service employees on protective 

13 missions without regard to the limitations on such expend14 itures in this or any other Act if approval is obtained in 

15 advance from the Committees on Appropriations of the 

16 Senate and the House of Representatives; research and 

17 development; grants to conduct behavioral research in sup18 port of protective research and operations; and payment 

19 in advance for commercial accommodations as may be nec20 essary to perform protective functions; $1,392,171,000, of 

21 which not to exceed $25,000 shall be for official reception 

22 and representation expenses; of which not to exceed 

23 $100,000 shall be to provide technical assistance and 

24 equipment to foreign law enforcement organizations in 

25 counterfeit investigations; of which $2,366,000 shall be for 
29 

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1 forensic and related support of investigations of missing 

2 and exploited children; and of which $6,000,000 shall be 

3 a grant for activities related to the investigations of miss4 ing and exploited children and shall remain available until 

5 expended: Provided, That up to $18,000,000 provided for 

6 protective travel shall remain available until September 

7 30, 2009: Provided further, That the United States Secret 

8 Service is authorized to obligate funds in anticipation of 

9 reimbursements from Federal agencies and entities, as de10 fined in section 105 of title 5, United States Code, receiv11 ing training sponsored by the James J. Rowley Training 

12 Center, except that total obligations at the end of the fis13 cal year shall not exceed total budgetary resources avail14 able under this heading at the end of the fiscal year. 

15 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

16 RELATED EXPENSES

17 For necessary expenses for acquisition, construction, 

18 repair, alteration, and improvement of facilities, 

19 $3,725,000, to remain available until expended. 

20 TITLE III 

21 PROTECTION, PREPAREDNESS, RESPONSE, AND 

22 RECOVERY 

23 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

24 MANAGEMENT AND ADMINISTRATION

25 For salaries and expenses of the immediate Office of 

26 the Under Secretary for National Protection and Pro-
30 

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1 grams, the National Protection Planning Office, support 

2 services for business operations and information tech3 nology, and facility costs, $30,000,000: Provided, That of 

4 the amount provided, $15,000,000 shall not be obligated 

5 until the Committees on Appropriations of the Senate and 

6 the House of Representatives receive and approve in full 

7 an expenditure plan by program, project, and activity; pre8 pared by the Secretary of Homeland Security that has 

9 been reviewed by the Government Accountability Office. 

10 INFRASTRUCTURE PROTECTION AND INFORMATION

11 SECURITY

12 For necessary expenses for infrastructure protection 

13 and information security programs and activities, as au14 thorized by title II of the Homeland Security Act of 2002 

15 (6 U.S.C. 121 et seq.), $527,099,000, of which 

16 $497,099,000 shall remain available until September 30, 

17 2009. 

18 UNITED STATES VISITOR AND IMMIGRANT STATUS

19 INDICATOR TECHNOLOGY

20 For necessary expenses for the development of the 

21 United States Visitor and Immigrant Status Indicator 

22 Technology project, as authorized by section 110 of the 

23 Illegal Immigration Reform and Immigrant Responsibility 

24 Act of 1996 (8 U.S.C. 1365a), $362,000,000, to remain 

25 available until expended: Provided, That of the total 

26 amount made available under this heading, $100,000,000 
31 

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1 may not be obligated for the United States Visitor and 

2 Immigrant Status Indicator Technology project until the 

3 Committees on Appropriations of the Senate and the 

4 House of Representatives receive and approve a plan for 

5 expenditure prepared by the Secretary of Homeland Secu6 rity that includes: 

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

8 progress to date relative to system capabilities or 

9 services, system performance levels, mission benefits 

10 and outcomes, milestones, cost targets, and program 

11 management capabilities; 

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

13 funds are to be obligated to meet future program 

14 commitments, with the planned expenditure of funds 

15 linked to the milestone-based delivery of specific ca16 pabilities, services, performance levels, mission bene17 fits and outcomes, and program management capa18 bilities; 

19 (3) a listing of all open Government Account20 ability Office and Office of Inspector General rec21 ommendations related to the program and the status 

22 of Department of Homeland Security actions to ad23 dress the recommendations, including milestones for 

24 fully addressing them; 
32 

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1 (4) a certification by the Chief Financial Offi2 cer of the Department that the program has been 

3 reviewed and approved in accordance with the in4 vestment management process of the Department, 

5 and that the process fulfills all capital planning and 

6 investment control requirements and reviews estab7 lished by the Office of Management and Budget, in8 cluding Circular A–11, part 7; 

9 (5) a certification by the Chief Information Of10 ficer of the Department that an independent valida11 tion and verification agent has and will continue to 

12 actively review the program; 

13 (6) a certification by the Chief Information Of14 ficer of the Department that the system architecture 

15 of the program is sufficiently aligned with the infor16 mation systems enterprise architecture of the De17 partment to minimize future rework, including a de18 scription of all aspects of the architectures that were 

19 and were not assessed in making the alignment de20 termination, the date of the alignment determina21 tion, any known areas of misalignment along with 

22 the associated risks and corrective actions to address 

23 any such areas; 

24 (7) a certification by the Chief Procurement Of25 ficer of the Department that the plans for the pro-
33 

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1 gram comply with the Federal acquisition rules, re2 quirements, guidelines, and practices, and a descrip3 tion of the actions being taken to address areas of 

4 non-compliance, the risks associated with them along 

5 with any plans for addressing these risks and the 

6 status of their implementation; 

7 (8) a certification by the Chief Information Of8 ficer of the Department that the program has a risk 

9 management process that regularly identifies, evalu10 ates, mitigates, and monitors risks throughout the 

11 system life cycle, and communicates high-risk condi12 tions to agency and department heads, as well as a 

13 listing of all the program’s high risks and the status 

14 of efforts to address them; 

15 (9) a certification by the Chief Human Capital 

16 Officer of the Department that the human capital 

17 needs of the program are being strategically and 

18 proactively managed, and that current human cap19 ital capabilities are sufficient to execute the plans 

20 discussed in the report; and 

21 (10) which is reviewed by the Government Ac22 countability Office. 

23 OFFICE OF HEALTH AFFAIRS

24 For the necessary expenses of the Office of Health 

25 Affairs, $115,000,000; of which $20,817,000 is for sala-
34 

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1 ries and expenses; and of which $94,183,000 is for bio2 surveillance, biowatch, chemical response, and related ac3 tivities for the Department of Homeland Security, to re4 main available until September 30, 2009: Provided, That 

5 not to exceed $3,000 shall be for official reception and 

6 representation expenses. 

7 FEDERAL EMERGENCY MANAGEMENT AGENCY

8 MANAGEMENT AND ADMINISTRATION

9 For necessary expenses for management and admin10 istration, $678,600,000, including activities authorized by 

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

12 4001 et seq.), the Robert T. Stafford Disaster Relief and 

13 Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 

14 Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

15 7701 et seq.), the Defense Production Act of 1950 (50 

16 U.S.C. App. 2061 et seq.), sections 107 and 303 of the 

17 National Security Act of 1947 (50 U.S.C. 404, 405), Re18 organization Plan No. 3 of 1978 (5 U.S.C. App.), the 

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

20 and the Post-Katrina Emergency Management Reform 

21 Act of 2006 (Public Law 109–295; 120 Stat. 1394): Pro22 vided, That not to exceed $3,000 shall be for official recep23 tion and representation expenses: Provided further, That 

24 $426,020,000 shall be for Operations Activities: Provided 

25 further, That $216,580,000 shall be for Management Ac-
35 

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1 tivities: Provided further, That $6,000,000 shall be for the 

2 Office of the National Capital Region Coordination: Pro3 vided further, That for purposes of planning, coordination, 

4 execution, and decisionmaking related to mass evacuation 

5 during a disaster, the Governors of the State of West Vir6 ginia and the Commonwealth of Pennsylvania, or their 

7 designees, shall be incorporated into efforts to integrate 

8 the activities of Federal, State, and local governments in 

9 the National Capital Region, as defined in section 882 of 

10 Public Law 107–296, the Homeland Security Act of 2002: 

11 Provided further, That of the total amount made available 

12 under this heading, $30,000,000 shall be for Urban 

13 Search and Rescue Teams, of which not to exceed 

14 $1,600,000 may be made available for administrative 

15 costs. 

16 STATE AND LOCAL PROGRAMS

17 For grants, contracts, cooperative agreements, and 

18 other activities, including grants to State and local govern19 ments for terrorism prevention activities, notwithstanding 

20 any other provision of law, $3,030,500,000, which shall 

21 be allocated as follows: 

22 (1) $525,000,000 for formula-based grants and 

23 $375,000,000 for law enforcement terrorism preven24 tion grants, to be allocated in accordance with sec25 tion 1014 of the USA PATRIOT ACT (42 U.S.C. 

26 3714): Provided, That not to exceed 3 percent of 
36 

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1 these amounts shall be available for program admin2 istration: Provided further, That the application for 

3 grants shall be made available to States within 45 

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

5 States shall submit applications within 90 days after 

6 the grant announcement; and the Federal Emer7 gency Management Agency shall act within 90 days 

8 after receipt of an application: Provided further, 

9 That, in the event established timeframes detailed in 

10 the preceding proviso for departmental actions are 

11 missed, funding for the Immediate Office of the 

12 Deputy Secretary shall be reduced by $1,000 per 

13 day until such actions are executed: Provided fur14 ther, That not less than 80 percent of any grant 

15 under this paragraph to a State shall be made avail16 able by the State to local governments within 60 

17 days after the receipt of the funds; except in the 

18 case of Puerto Rico, where not less than 50 percent 

19 of any grant under this paragraph shall be made 

20 available to local governments within 60 days after 

21 the receipt of the funds. 

22 (2) $1,836,000,000 for discretionary grants, as 

23 determined by the Secretary of Homeland Security, 

24 of which— 
37 

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1 (A) $820,000,000 shall be for use in high2 threat, high-density urban areas, of which 

3 $20,000,000 shall be available for assistance to 

4 organizations (as described under section 

5 501(c)(3) of the Internal Revenue Code of 1986 

6 and exempt from tax section 501(a) of such 

7 code) determined by the Secretary to be at 

8 high-risk of a terrorist attack; 

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

10 Catastrophic Preparedness Grants; 

11 (C) $400,000,000 shall be for infrastruc12 ture protection grants related to port security 

13 pursuant to 46 U.S.C. 70107; 

14 (D) $16,000,000 shall be for infrastruc15 ture protection grants related to trucking indus16 try security; 

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

18 protection grants related to intercity bus secu19 rity; 

20 (F) $400,000,000 shall be for infrastruc21 ture protection grants related to intercity rail 

22 passenger transportation (as defined in section 

23 24102 of title 49, United States Code), freight 

24 rail, and transit security; 
38 

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

2 protection grants related to buffer zone protec3 tion; 

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

5 Commercial Equipment Direct Assistance Pro6 gram; 

7 (I) $33,000,000 shall be for the Metropoli8 tan Medical Response System; and 

9 (J) $15,000,000 shall be for Citizens 

10 Corps: 

11 Provided, That not to exceed 3 percent of subpara12 graphs (A)–(J) shall be available for program ad13 ministration: Provided further, That for grants under 

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

15 grants shall be made available to States within 45 

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

17 States shall submit applications within 90 days after 

18 the grant announcement; and that the Federal 

19 Emergency Management Agency shall act within 90 

20 days after receipt of an application: Provided further, 

21 That, in the event established timeframes detailed in 

22 the preceding proviso for departmental actions are 

23 missed, funding for the Immediate Office of the 

24 Deputy Secretary shall be reduced by $1,000 per 

25 day until such actions are executed: Provided fur-
39 

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1 ther, That no less than 80 percent of any grant 

2 under this paragraph to a State shall be made avail3 able by the State to local governments within 60 

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

5 That for grants under subparagraphs (C) through 

6 (G), the applications for such grants shall be made 

7 available to eligible applicants not later than 75 days 

8 after the date of enactment of this Act, eligible ap9 plicants shall submit applications not later than 45 

10 days after the date of the grant announcement, and 

11 the Federal Emergency Management Agency shall 

12 act on such applications not later than 60 days after 

13 the date on which such an application is received: 

14 Provided further, That, in the event established time15 frames detailed in the preceding proviso for depart16 mental actions are missed, funding for the Imme17 diate Office of the Deputy Secretary shall be re18 duced by $1,000 per day until such actions are exe19 cuted. 

20 (3) $294,500,000 for training, exercises, tech21 nical assistance, and other programs: 

22 Provided, That none of the grants provided under this 

23 heading shall be used for the construction or renovation 

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

25 not to exceed $1,000,000, as determined necessary by the 
40 

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1 Secretary of Homeland Security: Provided further, That 

2 the preceding proviso shall not apply to grants under sub3 paragraphs (B), (C), (F), and (G) of paragraph (2) of this 

4 heading: Provided further, That funds appropriated for 

5 law enforcement terrorism prevention grants under para6 graph (1) of this heading and discretionary grants under 

7 paragraph (2)(A) of this heading shall be available for 

8 operational costs, to include personnel overtime and over9 time associated with the Federal Emergency Management 

10 Agency certified training, as needed: Provided further, 

11 That the Government Accountability Office shall report on 

12 the validity, relevance, reliability, timeliness, and avail13 ability of the risk factors (including threat, vulnerability, 

14 and consequence) used by the Secretary of Homeland Se15 curity for the purpose of allocating grants funded under 

16 this heading, and the application of those factors in the 

17 allocation of funds to the Committees on Appropriations 

18 of the Senate and the House of Representatives on its 

19 findings not later than 45 days after the date of enactment 

20 of this Act: Provided further, That within seven days after 

21 the date of enactment of this Act, the Secretary of Home22 land Security shall provide the Government Accountability 

23 Office with the risk methodology and other factors that 

24 will be used to allocate grants funded under this heading. 
41 

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1 FIREFIGHTER ASSISTANCE GRANTS

2 For necessary expenses for programs authorized by 

3 the Federal Fire Prevention and Control Act of 1974 (15 

4 U.S.C. 2201 et seq.), $700,000,000: Provided, That not 

5 to exceed five percent of this amount shall be available 

6 for program administration: Provided further, That funds 

7 shall be allocated as follows: (1) $560,000,000 shall be 

8 available to carry out section 33 of that Act (15 U.S.C. 

9 2229), to remain available until September 30, 2009; and 

10 (2) $140,000,000 shall be available to carry out section 

11 34 of that Act (15 U.S.C. 2229a). 

12 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

13 For necessary expenses for emergency management 

14 performance grants, as authorized by the National Flood 

15 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob16 ert T. Stafford Disaster Relief and Emergency Assistance 

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

18 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re19 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

20 $300,000,000: Provided, That total administrative costs 

21 shall not exceed three percent of the total appropriation. 

22 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

23 The aggregate charges assessed during fiscal year 

24 2008, as authorized in title III of the Departments of Vet25 erans Affairs and Housing and Urban Development, and 

26 Independent Agencies Appropriations Act, 1999 (42 
42 

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

2 amounts anticipated by the Department of Homeland Se3 curity necessary for its radiological emergency prepared4 ness program for the next fiscal year: Provided, That the 

5 methodology for assessment and collection of fees shall be 

6 fair and equitable and shall reflect costs of providing such 

7 services, including administrative costs of collecting such 

8 fees: Provided further, That fees received under this head9 ing shall be deposited in this account as offsetting collec10 tions and will become available for authorized purposes on 

11 October 1, 2008, and remain available until expended. 

12 UNITED STATES FIRE ADMINISTRATION

13 For necessary expenses of the United States Fire Ad14 ministration, as authorized by the Federal Fire Prevention 

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

16 the Homeland Security Act of 2002 (6 U.S.C. 101 et 

17 seq.), $43,300,000. 

18 DISASTER RELIEF

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses in carrying out the Robert 

21 T. Stafford Disaster Relief and Emergency Assistance Act 

22 (42 U.S.C. 5121 et seq.), $1,700,000,000, to remain avail23 able until expended: Provided, That of the total amount 

24 provided, $13,500,000 shall be transferred to the Depart25 ment of Homeland Security Office of Inspector General 

26 for audits and investigations related to disasters, subject 
43 

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1 to section 503 of this Act: Provided further, That up to 

2 $48,000,000 and 250 positions may be transferred to 

3 ‘‘Management and Administration’’, Federal Emergency 

4 Management Agency, for management and administration 

5 functions, subject to section 503 of this Act. 

6 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

7 For activities under section 319 of the Robert T. 

8 Stafford Disaster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5162), $875,000, of which $580,000 is for ad10 ministrative expenses to carry out the direct loan program 

11 and $295,000 is for the cost of direct loans: Provided, 

12 That gross obligations for the principal amount of direct 

13 loans shall not exceed $25,000,000: Provided further, That 

14 the cost of modifying such loans shall be as defined in 

15 section 502 of the Congressional Budget Act of 1974 (2 

16 U.S.C. 661a). 

17 FLOOD MAP MODERNIZATION FUND

18 For necessary expenses under section 1360 of the 

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

20 $200,000,000, and such additional sums as may be pro21 vided by State and local governments or other political 

22 subdivisions for cost-shared mapping activities under sec23 tion 1360(f)(2) of such Act, to remain available until ex24 pended: Provided, That total administrative costs shall not 

25 exceed three percent of the total appropriation. 
44 

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1 NATIONAL FLOOD INSURANCE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities under the National Flood Insurance 

4 Act of 1968 (42 U.S.C. 4001 et seq.), and the Flood Dis5 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

6 $145,000,000, which is available as follows: (1) not to ex7 ceed $45,642,000 for salaries and expenses associated 

8 with flood mitigation and flood insurance operations; and 

9 (2) not to exceed $99,358,000 for flood hazard mitigation, 

10 which shall be derived from offsetting collections assessed 

11 and collected under section 1307 of the National Flood 

12 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), to remain 

13 available until September 30, 2009, including up to 

14 $34,000,000 for flood mitigation expenses under section 

15 1366 of that Act, which amount shall be available for 

16 transfer to the National Flood Mitigation Fund until Sep17 tember 30, 2009: Provided, That in fiscal year 2008, no 

18 funds shall be available from the National Flood Insurance 

19 Fund in excess of: (1) $70,000,000 for operating ex20 penses; (2) $773,772,000 for commissions and taxes of 

21 agents; (3) such sums as are necessary for interest on 

22 Treasury borrowings; and (4) $90,000,000 for flood miti23 gation actions with respect to severe repetitive loss prop24 erties under section 1361A of that Act (42 U.S.C. 4102a) 

25 and repetitive insurance claims properties under section 

26 1323 of that Act (42 U.S.C. 4030), which shall remain 
45 

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

3 appropriation. 

4 NATIONAL FLOOD MITIGATION FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 Notwithstanding subparagraphs (B) and (C) of sub7 section (b)(3), and subsection (f), of section 1366 of the 

8 National Flood Insurance Act of 1968, $34,000,000 (42 

9 U.S.C. 4104c), to remain available until September 30, 

10 2009, for activities designed to reduce the risk of flood 

11 damage to structures pursuant to such Act, of which 

12 $34,000,000 shall be derived from the National Flood In13 surance Fund. 

14 NATIONAL PRE-DISASTER MITIGATION FUND

15 For a pre-disaster mitigation grant program under 

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

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

18 $120,000,000, to remain available until expended: Pro19 vided, That grants made for pre-disaster mitigation shall 

20 be awarded on a competitive basis subject to the criteria 

21 in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro22 vided further, That total administrative costs shall not ex23 ceed three percent of the total appropriation. 

24 EMERGENCY FOOD AND SHELTER

25 To carry out an emergency food and shelter program 

26 pursuant to title III of the McKinney-Vento Homeless As-
46 

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1 sistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to 

2 remain available until expended: Provided, That total ad3 ministrative costs shall not exceed 3.5 percent of the total 

4 appropriation. 

5 TITLE IV 

6 RESEARCH AND DEVELOPMENT, TRAINING, 

7 AND SERVICES 

8 UNITED STATES CITIZENSHIP AND IMMIGRATION

9 SERVICES

10 For necessary expenses for citizenship and immigra11 tion services, $50,523,000: Provided, That of the total, 

12 $20,000,000 provided to address backlogs of security 

13 checks associated with pending applications and petitions 

14 shall not be available for obligation until the Secretary of 

15 Homeland Security and the United States Attorney Gen16 eral submit to the Committees on Appropriations of the 

17 Senate and the House of Representatives a plan to elimi18 nate the backlog of security checks that establishes infor19 mation sharing protocols to ensure United States Citizen20 ship and Immigration Services has the information it 

21 needs to carry out its mission. 

22 FEDERAL LAW ENFORCEMENT TRAINING CENTER

23 SALARIES AND EXPENSES

24 For necessary expenses of the Federal Law Enforce25 ment Training Center, including materials and support 
47 

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1 costs of Federal law enforcement basic training; purchase 

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

3 of passenger motor vehicles; expenses for student athletic 

4 and related activities; the conduct of and participation in 

5 firearms matches and presentation of awards; public 

6 awareness and enhancement of community support of law 

7 enforcement training; room and board for student interns; 

8 a flat monthly reimbursement to employees authorized to 

9 use personal mobile phones for official duties; and services 

10 as authorized by section 3109 of title 5, United States 

11 Code; $221,076,000, of which up to $43,910,000 for ma12 terials and support costs of Federal law enforcement basic 

13 training shall remain available until September 30, 2009; 

14 of which $300,000 shall remain available until expended 

15 for Federal law enforcement agencies participating in 

16 training accreditation, to be distributed as determined by 

17 the Federal Law Enforcement Training Center for the 

18 needs of participating agencies; and of which not to exceed 

19 $12,000 shall be for official reception and representation 

20 expenses: Provided, That the Center is authorized to obli21 gate funds in anticipation of reimbursements from agen22 cies receiving training sponsored by the Center, except 

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

24 not exceed total budgetary resources available at the end 

25 of the fiscal year: Provided further, That section 1202(a) 
48 

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1 of Public Law 107–206 (42 U.S.C. 3771 note) as amend2 ed by Public Law 109–295 (120 Stat. 1374) is further 

3 amended by striking ‘‘December 31, 2007’’ and inserting 

4 ‘‘December 31, 2011’’. 

5 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

6 RELATED EXPENSES

7 For acquisition of necessary additional real property 

8 and facilities, construction, and ongoing maintenance, fa9 cility improvements, and related expenses of the Federal 

10 Law Enforcement Training Center, $44,470,000, to re11 main available until expended: Provided, That the Center 

12 is authorized to accept reimbursement to this appropria13 tion from government agencies requesting the construction 

14 of special use facilities. 

15 SCIENCE AND TECHNOLOGY

16 MANAGEMENT AND ADMINISTRATION

17 For salaries and expenses of the Office of the Under 

18 Secretary for Science and Technology and for manage19 ment and administration of programs and activities, as 

20 authorized by title III of the Homeland Security Act of 

21 2002 (6 U.S.C. 181 et seq.), $140,632,000: Provided, 

22 That not to exceed $3,000 shall be for official reception 

23 and representation expenses. 
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1 RESEARCH, DEVELOPMENT, ACQUISITION, AND

2 OPERATIONS

3 For necessary expenses for science and technology re4 search, including advanced research projects; development; 

5 test and evaluation; acquisition; and operations; as author6 ized by title III of the Homeland Security Act of 2002 

7 (6 U.S.C. 181 et seq.); $697,364,000, to remain available 

8 until expended; and of which $103,814,000 shall be for 

9 necessary expenses of the field laboratories and assets of 

10 the Science and Technology Directorate. 

11 DOMESTIC NUCLEAR DETECTION OFFICE

12 MANAGEMENT AND ADMINISTRATION

13 For salaries and expenses of the Domestic Nuclear 

14 Detection Office and for management and administration 

15 of programs and activities, $32,000,000: Provided, That 

16 not to exceed $3,000 shall be for official reception and 

17 representation expenses. 

18 RESEARCH, DEVELOPMENT, ACQUISITION, AND

19 OPERATIONS

20 For necessary expenses for radiological and nuclear 

21 research, development, testing, evaluation and operations, 

22 $336,000,000, to remain available until expended. 

23 SYSTEMS ACQUISITION

24 For expenses for the Domestic Nuclear Detection Of25 fice acquisition and deployment of radiological detection 

26 systems in accordance with the global nuclear detection 
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1 architecture, $182,000,000, to remain available until Sep2 tember 30, 2010: Provided, That none of the funds appro3 priated under this heading shall be obligated for full-scale 

4 procurement of Advanced Spectroscopic Portal Monitors 

5 until the Secretary of Homeland Security has certified 

6 through a report to the Committees on Appropriations of 

7 the Senate and the House of Representatives that a sig8 nificant increase in operational effectiveness will be 

9 achieved. 

10 TITLE V 

11 GENERAL PROVISIONS 

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

13 this Act shall remain available for obligation beyond the 

14 current fiscal year unless expressly so provided herein. 

15 SEC. 502. None of the funds available in this Act 

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

17 107–296. 

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

19 provided by previous appropriations Acts to the agencies 

20 in or transferred to the Department of Homeland Security 

21 that remain available for obligation or expenditure in fiscal 

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

23 of the United States derived by the collection of fees avail24 able to the agencies funded by this Act, shall be available 

25 for obligation or expenditure through a reprogramming of 
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1 funds that: (1) creates a new program; (2) eliminates a 

2 program, project, or activity; (3) increases funds for any 

3 program, project, or activity for which funds have been 

4 denied or restricted by the Congress; (4) proposes to use 

5 funds directed for a specific activity by either of the Com6 mittees on Appropriations of the Senate or the House of 

7 Representatives for a different purpose; or (5) contracts 

8 out any function or activity for which funding levels were 

9 requested for Federal full-time equivalents in the object 

10 classification tables contained in the fiscal year 2008 

11 Budget Appendix for the Department of Homeland Secu12 rity, as modified by the joint explanatory statement ac13 companying this Act; unless the Committees on Appro14 priations of the Senate and the House of Representatives 

15 are notified 15 days in advance of such reprogramming 

16 of funds. 

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

18 by previous appropriations Acts to the agencies in or 

19 transferred to the Department of Homeland Security that 

20 remain available for obligation or expenditure in fiscal 

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

22 of the United States derived by the collection of fees avail23 able to the agencies funded by this Act, shall be available 

24 for obligation or expenditure for programs, projects, or ac25 tivities through a reprogramming of funds in excess of 
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1 $5,000,000 or 10 percent, whichever is less, that: (1) aug2 ments existing programs, projects, or activities; (2) re3 duces by 10 percent funding for any existing program, 

4 project, or activity, or numbers of personnel by 10 percent 

5 as approved by the Congress; or (3) results from any gen6 eral savings from a reduction in personnel that would re7 sult in a change in existing programs, projects, or activi8 ties as approved by the Congress; unless the Committees 

9 on Appropriations of the Senate and the House of Rep10 resentatives are notified 15 days in advance of such re11 programming of funds. 

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

13 made available for the current fiscal year for the Depart14 ment of Homeland Security by this Act or provided by 

15 previous appropriations Acts may be transferred between 

16 such appropriations, but no such appropriations, except 

17 as otherwise specifically provided, shall be increased by 

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

19 any transfer under this section shall be treated as a re20 programming of funds under subsection (b) of this section 

21 and shall not be available for obligation unless the Com22 mittees on Appropriations of the Senate and the House 

23 of Representatives are notified 15 days in advance of such 

24 transfer. 
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1 (d) Notwithstanding subsections (a), (b), and (c) of 

2 this section, no funds shall be reprogrammed within or 

3 transferred between appropriations after June 30, except 

4 in extraordinary circumstances which imminently threaten 

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

6 SEC. 504. None of the funds appropriated or other7 wise made available to the Department of Homeland Secu8 rity may be used to make payments to the ‘‘Department 

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

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

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

12 transit subsidy, mail operations, parking, and competitive 

13 sourcing: Provided, That any additional activities and 

14 amounts shall be approved by the Committees on Appro15 priations of the Senate and the House of Representatives 

16 30 days in advance of obligation. 

17 SEC. 505. Except as otherwise specifically provided 

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

19 remaining available at the end of fiscal year 2008 from 

20 appropriations for salaries and expenses for fiscal year 

21 2008 in this Act shall remain available through September 

22 30, 2009, in the account and for the purposes for which 

23 the appropriations were provided: Provided, That prior to 

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

25 to the Committees on Appropriations of the Senate and 
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1 the House of Representatives for approval in accordance 

2 with section 503 of this Act. 

3 SEC. 506. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

5 by the Congress for purposes of section 504 of the Na6 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

7 year 2008 until the enactment of an Act authorizing intel8 ligence activities for fiscal year 2008. 

9 SEC. 507. The Federal Law Enforcement Training 

10 Accreditation Board shall lead the Federal law enforce11 ment training accreditation process, to include representa12 tives from the Federal law enforcement community and 

13 non-Federal accreditation experts involved in law enforce14 ment training, to continue the implementation of meas15 uring and assessing the quality and effectiveness of Fed16 eral law enforcement training programs, facilities, and in17 structors. 

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

19 to make a grant allocation, discretionary grant award, dis20 cretionary contract award, or to issue a letter of intent 

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

22 the intention to make such an award, unless the Secretary 

23 of Homeland Security notifies the Committees on Appro24 priations of the Senate and the House of Representatives 

25 at least three full business days in advance: Provided, That 
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1 no notification shall involve funds that are not available 

2 for obligation: Provided further, That the notification shall 

3 include the amount of the award, the fiscal year in which 

4 the funds for the award were appropriated, and the ac5 count for which the funds are being drawn from: Provided 

6 further, That the Federal Emergency Management Agency 

7 shall brief the Committees on Appropriations of the Sen8 ate and the House of Representatives five full business 

9 days in advance of announcing publicly the intention of 

10 making an award of formula-based grants; law enforce11 ment terrorism prevention grants; high-threat, high-den12 sity urban areas grants; or regional catastrophic prepared13 ness grants. 

14 SEC. 509. Notwithstanding any other provision of 

15 law, no agency shall purchase, construct, or lease any ad16 ditional facilities, except within or contiguous to existing 

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

18 law enforcement training without the advance approval of 

19 the Committees on Appropriations of the Senate and the 

20 House of Representatives, except that the Federal Law 

21 Enforcement Training Center is authorized to obtain the 

22 temporary use of additional facilities by lease, contract, 

23 or other agreement for training which cannot be accommo24 dated in existing Center facilities. 
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1 SEC. 510. The Director of the Federal Law Enforce2 ment Training Center shall schedule basic and/or ad3 vanced law enforcement training at all four training facili4 ties under the control of the Federal Law Enforcement 

5 Training Center to ensure that these training centers are 

6 operated at the highest capacity throughout the fiscal 

7 year. 

8 SEC. 511. None of the funds appropriated or other9 wise made available by this Act may be used for expenses 

10 of any construction, repair, alteration, or acquisition 

11 project for which a prospectus, if required by the Public 

12 Buildings Act of 1959 (40 U.S.C. 3301), has not been 

13 approved, except that necessary funds may be expended 

14 for each project for required expenses for the development 

15 of a proposed prospectus. 

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

17 in contravention of the applicable provisions of the Buy 

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

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

20 previous appropriations Acts may be obligated for deploy21 ment or implementation, on other than a test basis, of the 

22 Secure Flight program or any other follow on or successor 

23 passenger prescreening program, until the Secretary of 

24 Homeland Security certifies, and the Government Ac25 countability Office reports, to the Committees on Appro-
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1 priations of the Senate and the House of Representatives, 

2 that all ten of the conditions contained in paragraphs (1) 

3 through (10) of section 522(a) of Public Law 108–334 

4 (118 Stat. 1319) have been successfully met. 

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

6 submitted within 90 days after the Secretary provides the 

7 requisite certification, and periodically thereafter, if nec8 essary, until the Government Accountability Office con9 firms that all ten conditions have been successfully met. 

10 (c) Within 90 days of enactment of this Act, the Sec11 retary shall submit to the Committees on Appropriations 

12 of the Senate and the House of Representatives a detailed 

13 plan that describes: (1) the dates for achieving key mile14 stones, including the date or timeframes that the Sec15 retary will certify the program under subsection (a); and 

16 (2) the methodology to be followed to support the Sec17 retary’s certification, as required under subsection (a). 

18 (d) During the testing phase permitted by subsection 

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

20 domestic air carriers, or reservation systems may be used 

21 to screen aviation passengers, or delay or deny boarding 

22 to such passengers, except in instances where passenger 

23 names are matched to a Government watch list. 

24 (e) None of the funds provided in this or previous 

25 appropriations Acts may be utilized to develop or test algo-
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1 rithms assigning risk to passengers whose names are not 

2 on Government watch lists. 

3 (f) None of the funds provided in this or previous 

4 appropriations Acts may be utilized for data or a database 

5 that is obtained from or remains under the control of a 

6 non-Federal entity: Provided, That this restriction shall 

7 not apply to Passenger Name Record data obtained from 

8 air carriers. 

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

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

11 by section 337 of the Immigration and Nationality Act 

12 (8 U.S.C. 1448). 

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

14 may be used to process or approve a competition under 

15 Office of Management and Budget Circular A–76 for serv16 ices provided as of June 1, 2004, by employees (including 

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

18 States Citizenship and Immigration Services of the De19 partment of Homeland Security who are known as of that 

20 date as Immigration Information Officers, Contact Rep21 resentatives, or Investigative Assistants. 

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

23 United States Secret Service by this Act or by previous 

24 appropriations Acts may be made available for the protec25 tion of the head of a Federal agency other than the Sec-
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1 retary of Homeland Security: Provided, That the Director 

2 of the United States Secret Service may enter into an 

3 agreement to perform such service on a fully reimbursable 

4 basis. 

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

6 other Act to the United States Secret Service shall be 

7 made available for the protection of a Federal official, 

8 other than persons granted protection under section 

9 3056(a) of title 18, United States Code, and the Secretary 

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

11 United States Secret Service may enter into an agreement 

12 to perform such protection on a fully reimbursable basis 

13 for protectees not designated under section 3056(a) of 

14 title 18, United States Code. 

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

16 is directed to research, develop, and procure new tech17 nologies to inspect and screen air cargo carried on pas18 senger aircraft at the earliest date possible. 

19 (b) Existing checked baggage explosive detection 

20 equipment and screeners shall be utilized to screen air 

21 cargo carried on passenger aircraft to the greatest extent 

22 practicable at each airport until technologies developed 

23 under subsection (a) are available. 

24 (c) The Transportation Security Administration shall 

25 report air cargo inspection statistics quarterly to the Com-
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1 mittees on Appropriations of the Senate and the House 

2 of Representatives, by airport and air carrier, within 45 

3 days after the end of the quarter including any reason for 

4 non-compliance with the second proviso of section 513 of 

5 the Department of Homeland Security Appropriations 

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

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

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

9 Officer appointed under section 222 of the Homeland Se10 curity Act of 2002 (6 U.S.C. 142) to alter, direct that 

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

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

13 of such section. 

14 SEC. 519. No funding provided by this or previous 

15 appropriation Acts shall be available to pay the salary of 

16 any employee serving as a contracting officer’s technical 

17 representative (COTR), or anyone acting in a similar or 

18 like capacity, who has not received COTR training. 

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

20 49, United States Code, funds appropriated or transferred 

21 to Transportation Security Administration ‘‘Aviation Se22 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

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

24 are recovered or deobligated shall be available only for pro25 curement and installation of explosive detection systems 
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1 for air cargo, baggage, and checkpoint screening systems, 

2 subject to notification. 

3 SEC. 521. Section 525(d) of the Department of 

4 Homeland Security Appropriations Act, 2007 (Public Law 

5 109–295; 120 Stat. 1382) shall apply to fiscal year 2008. 

6 (RESCISSION OF FUNDS)

7 SEC. 522. From the unobligated balances of funds 

8 transferred to the Department of Homeland Security 

9 when it was created in 2003, excluding mandatory appro10 priations, $45,000,000 is rescinded, of which $12,000,000 

11 shall be rescinded from Departmental Operations; 

12 $12,000,000 shall be rescinded from the Office of State 

13 and Local Government Coordination; and $6,000,000 

14 shall be rescinded from the Working Capital Fund. 

15 SEC. 523. Any funds appropriated to United States 

16 Coast Guard, ‘‘Acquisition, Construction, and Improve17 ments’’ in fiscal years 2002, 2003, 2004, 2005, and 2006 

18 for the 110–123 foot patrol boat conversion that are recov19 ered, collected, or otherwise received as the result of nego20 tiation, mediation, or litigation, shall be available until ex21 pended for the Replacement Patrol Boat (FRC–B) pro22 gram. 

23 SEC. 524. The Department of Homeland Security 

24 Working Capital Fund, established, pursuant to section 

25 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

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

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

3 Committees on Appropriations of the Senate and the 

4 House of Representatives detailing the allocation and obli5 gation of funds for ‘‘Disaster Relief’’ to include: 

6 (1) status of the Disaster Relief Fund (DRF) 

7 including obligations, allocations, and amounts un8 distributed/unallocated; 

9 (2) allocations, obligations, and expenditures for 

10 all open disasters; 

11 (3) information on national flood insurance 

12 claims; 

13 (4) obligations, allocations and expenditures by 

14 State for unemployment, crisis counseling, inspec15 tions, housing assistance, manufactured housing, 

16 public assistance and individual assistance; 

17 (5) mission assignment obligations by agency, 

18 including: 

19 (A) the amounts reimbursed to other agen20 cies that are in suspense because FEMA has 

21 not yet reviewed and approved the documenta22 tion supporting the expenditure; and 

23 (B) a disclaimer if the amounts of reported 

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

2 from a government-wide perspective; 

3 (6) the amount of credit card purchases by 

4 agency and mission assignment; 

5 (7) specific reasons for all waivers granted and 

6 a description of each waiver; 

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

8 a sole source or limited competition basis, including 

9 the dollar amount, the purpose of the contract and 

10 the reason for the lack of competitive award; and 

11 (9) an estimate of when available appropria12 tions will be exhausted, assuming an average dis13 aster season. 

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

15 quarterly obtain from agencies performing mission assign16 ments each such agency’s actual obligation and expendi17 ture data and report to the Committees on Appropriations 

18 of the Senate and the House of Representatives. 

19 (c) For any request for reimbursement from a Fed20 eral agency to the Department of Homeland Security to 

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

22 5121 et seq.), or any mission assignment orders issued 

23 by the Department of Homeland Security for such pur24 poses, the Secretary of Homeland Security shall take ap25 propriate steps to ensure that each agency is periodically 
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1 reminded of Department of Homeland Security policies 

2 on— 

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

5 (2) the necessity for timeliness of agency bil6 lings. 

7 SEC. 526. Within 45 days after the close of each 

8 month, the Chief Financial Officer of the Department of 

9 Homeland Security shall submit to the Committees on Ap10 propriations of the Senate and the House of Representa11 tives a monthly budget and staffing report that includes 

12 total obligations, on-board versus funded full-time equiva13 lent staffing levels, and the number of contract employees 

14 by office. 

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

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

17 SEC. 528. The Federal Law Enforcement Training 

18 Center instructor staff shall be classified as inherently 

19 governmental for the purpose of the Federal Activities In20 ventory Reform Act of 1998 (31 U.S.C. 501 note). 

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

22 be used to alter or reduce operations within the Civil Engi23 neering Program of the Coast Guard nationwide, including 

24 the civil engineering units, facilities, design, and construc25 tion centers, maintenance and logistics command centers, 
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1 and the Coast Guard Academy, except as specifically au2 thorized by a statute enacted after the date of enactment 

3 of this Act. 

4 SEC. 530. EXTENSION OF THE IMPLEMENTATION

5 DEADLINE FOR THE WESTERN HEMISPHERE TRAVEL

6 INITIATIVE. Subparagraph (A) of section 7209(b)(1) of 

7 the Intelligence Reform and Terrorism Prevention Act of 

8 2004 (Public Law 108–458; 8 U.S.C. 1185 note) is 

9 amended by striking ‘‘This plan shall be implemented not 

10 later than three months after the Secretary of State and 

11 the Secretary of Homeland Security make the certifi12 cations required in subsection (B), or June 1, 2009, 

13 whichever is earlier.’’ and inserting ‘‘Such plan may not 

14 be implemented earlier than the date that is the later of 

15 3 months after the Secretary of State and the Secretary 

16 of Homeland Security make the certification required in 

17 subparagraph (B) or June 1, 2009.’’. 

18 SEC. 531. Section 550 of the Department of Home19 land Security Appropriations Act, 2007 (6 U.S.C. 121 

20 note) is amended by adding at the end the following: 

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

22 of any State or political subdivision thereof to adopt or 

23 enforce any regulation, requirement, or standard of per24 formance with respect to chemical facility security that is 

25 more stringent than a regulation, requirement, or stand-
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1 ard of performance issued under this section, or otherwise 

2 impair any right or jurisdiction of any State with respect 

3 to chemical facilities within that State, unless there is an 

4 actual conflict between this section and the law of that 

5 State.’’. 

6 SEC. 532. None of the funds provided in this Act 

7 under the heading ‘‘Office of the Chief Information Offi8 cer’’ shall be used for data center development other than 

9 for the National Center for Critical Information Proc10 essing and Storage until the Chief Information Officer cer11 tifies that the National Center for Critical Information 

12 Processing and Storage is fully utilized as the Depart13 ment’s primary data storage center at the highest capacity 

14 throughout the fiscal year. 

15 SEC. 533. None of the funds in this Act shall be used 

16 to reduce the United States Coast Guard’s Operations 

17 Systems Center mission or its government-employed or 

18 contract staff levels. 

19 SEC. 534. (a) Notwithstanding section 503 of this 

20 Act, up to $25,000,000 from prior year balances currently 

21 available to the Transportation Security Administration 

22 may be transferred to ‘‘Transportation Threat Assessment 

23 and Credentialing’’ for the Secure Flight program. 

24 (b) In carrying out the transfer authority under sub25 section (a), the Transportation Security Administration 
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1 shall not utilize any prior year balances from the following 

2 programs: screener partnership program; explosive detec3 tion system purchase; explosive detection system installa4 tion; checkpoint support; aviation regulation and other en5 forcement; air cargo; and air cargo research and develop6 ment: Provided, That any funds proposed to be trans7 ferred under this section shall not be available for obliga8 tion until the Committees on Appropriations of the Senate 

9 and the House of Representatives receive and approve a 

10 plan for expenditure for such funds that is submitted by 

11 the Secretary of Homeland Security: Provided further, 

12 That the plan shall be submitted simultaneously to the 

13 Government Accountability Office for review consistent 

14 with its ongoing assessment of the Secure Flight Program 

15 as mandated by section 522(a) of Public Law 108–334 

16 (118 Stat. 1319). 

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

18 DEFINITIONS.—In this section— 

19 (1) the term ‘‘Administrator’’ means the Ad20 ministrator of the Federal Emergency Management 

21 Agency; 

22 (2) the term ‘‘covered assistance’’ means assist23 ance— 
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1 (A) provided under section 406 of the Rob2 ert T. Stafford Disaster Relief and Emergency 

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

4 (B) to be used to— 

5 (i) repair, restore, reconstruct, or re6 place school facilities; or 

7 (ii) replace lost contents of a school; 

8 and 

9 (C) for damage caused by Hurricane 

10 Katrina of 2005 or Hurricane Rita of 2005; 

11 and 

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

13 meaning given that term in section 9101 of the Ele14 mentary and Secondary Education Act of 1965 (20 

15 U.S.C. 7801). 

16 (b) ASSISTANCE TO SCHOOLS.— 

17 (1) IN GENERAL.—A local educational agency 

18 that has applied for covered assistance before the 

19 date of enactment of this Act may request that such 

20 assistance (including any eligible costs discovered 

21 after the date of the estimate of eligible costs under 

22 section 406(e)(1)(A) of the Robert T. Stafford Dis23 aster Relief and Emergency Assistance Act (42 

24 U.S.C. 5172(e)(1)(A)) and any cost that was deter-
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1 mined to be an eligible cost after an appeal or re2 view) be provided in a single payment. 

3 (2) DISBURSEMENT OF ASSISTANCE.—Not later 

4 than 30 days after the date that a local educational 

5 agency makes a request under paragraph (1), the 

6 Administrator shall provide in a single payment any 

7 covered assistance for any eligible cost that was ap8 proved by the Administrator on or before the date 

9 of that request. 

10 (3) FLOOD INSURANCE REDUCTION.—For any 

11 covered assistance provided under paragraph (2), the 

12 Administrator shall make not more than 1 reduction 

13 under section 406(d) of the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 

15 U.S.C. 5172(d)) in the amount of assistance pro16 vided. 

17 (c) ALTERNATE USE.—For any covered assistance 

18 provided under subsection (b)(2), the amount of that as19 sistance shall not be reduced under section 406(c)(1) of 

20 the Robert T. Stafford Disaster Relief and Emergency As21 sistance Act (42 U.S.C. 5172(c)(1)). 

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

23 covered assistance provided on or after the date of enact24 ment of this Act. 
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1 This Act may be cited as the ‘‘Department of Home2 land Security Appropriations Act, 2008’’. 

Calendar No. 204 

110TH CONGRESS 

1ST SESSION S. 1644 

[Report No. 110–84] 

A BILL 

Making appropriations for the Department of 

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

JUNE 18, 2007 

Read twice and placed on the calendar