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be used most effectively as part of an overall ter-
rorism preparedness, prevention, and response
program, and its appropriate role in such a pro-
gram;
(B) a comprehensive examination of the ad-
vantages and limitations of closed circuit tele-
vision and, as appropriate, other public surveil-
lance technologies;
(C) best practices on camera use and data
storage;
(D) plans for coordination between the Fed-
eral Government and State and local govern-
ments, and the private sector—
(i) in the development and use of closed
circuit television systems; and
(ii) for Federal assistance and support
for State and local utilization of such sys-
tems;
(E) plans for pilot programs or other means
of determining the real-world efficacy and limi-
tations of closed circuit televisions systems;
(F) an assessment of privacy and civil lib-
erties concerns raised by use of closed circuit tel-
evision and other public surveillance systems,
and guidelines to address such concerns; and
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(G) an assessment of whether and how
closed circuit television systems and other public
surveillance systems are effectively utilized by
other democratic countries in combating ter-
rorism; and
(2) provide to the Committees on Homeland Se-
curity and Governmental Affairs, Appropriations,
and the Judiciary of the Senate and the Committees
on Homeland Security, Appropriations, and the Ju-
diciary of the House of Representatives a report that
includes—
(A) the strategy required under paragraph
(1);
(B) the status and findings of any pilot
program involving closed circuit televisions or
other public surveillance systems conducted by,
in coordination with, or with the assistance of
the Department of Homeland Security up to the
time of the report; and
(C) the annual amount of funds used by the
Department of Homeland Security, either di-
rectly by the Department or through grants to
State, local, or tribal governments, to support
closed circuit television and the public surveil-
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lance systems of the Department, since fiscal
year 2004.
(b) CONSULTATION.—In preparing the strategy and
report required under subsection (a), the Secretary of
Homeland Security shall consult with the Attorney General,
the Chief Privacy Officer of the Department of Homeland
Security, and the Officer for Civil Rights and Civil Lib-
erties of the Department of Homeland Security.
SEC. 550. SECURE HANDLING
OF AMMONIUM NI-
TRATE.—(a) IN GENERAL.—Title VIII of the Homeland Se-
curity Act of 2002 (6 U.S.C. 361 et seq.) is amended by
adding at the end the following:
‘‘Subtitle J—Secure Handling of
Ammonium Nitrate
‘‘SEC. 899A. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) AMMONIUM
NITRATE.—The term ‘ammo-
nium nitrate’ means—
‘‘(A) solid ammonium nitrate that is chiefly
the ammonium salt of nitric acid and contains
not less than 33 percent nitrogen by weight; and
‘‘(B) any mixture containing a percentage
of ammonium nitrate that is equal to or greater
than the percentage determined by the Secretary
under section 899B(b).
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‘‘(2) AMMONIUM NITRATE FACILITY.—The term
‘ammonium nitrate facility’ means any entity that
produces, sells or otherwise transfers ownership of, or
provides application services for ammonium nitrate.
‘‘(3) AMMONIUM
NITRATE
PURCHASER.—The
term ‘ammonium nitrate purchaser’ means any per-
son who buys and takes possession of ammonium ni-
trate from an ammonium nitrate facility.
‘‘SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF
AMMONIUM NITRATE.
‘‘(a) IN GENERAL.—The Secretary shall regulate the
sale and transfer of ammonium nitrate by an ammonium
nitrate facility in accordance with this subtitle to prevent
the misappropriation or use of ammonium nitrate in an
act of terrorism.
‘‘(b) AMMONIUM NITRATE MIXTURES.—Not later than
90 days after the date of the enactment of this subtitle, the
Secretary, in consultation with the heads of appropriate
Federal departments and agencies (including the Secretary
of Agriculture), shall, after notice and an opportunity for
comment, establish a threshold percentage for ammonium
nitrate in a substance.
‘‘(c) REGISTRATION OF OWNERS OF AMMONIUM NI-
TRATE FACILITIES.—
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‘‘(1) REGISTRATION.—The Secretary shall estab-
lish a process by which any person that—
‘‘(A) owns an ammonium nitrate facility is
required to register with the Department; and
‘‘(B) registers under subparagraph (A) is
issued a registration number for purposes of this
subtitle.
‘‘(2) REGISTRATION INFORMATION.—Any person
applying to register under paragraph (1) shall submit
to the Secretary—
‘‘(A) the name, address, and telephone num-
ber of each ammonium nitrate facility owned by
that person;
‘‘(B) the name of the person designated by
that person as the point of contact for each such
facility, for purposes of this subtitle; and
‘‘(C) such other information as the Sec-
retary may determine is appropriate.
‘‘(d) REGISTRATION
OF AMMONIUM NITRATE PUR-
CHASERS.—
‘‘(1) REGISTRATION.—The Secretary shall estab-
lish a process by which any person that—
‘‘(A) intends to be an ammonium nitrate
purchaser is required to register with the De-
partment; and
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‘‘(B) registers under subparagraph (A) is
issued a registration number for purposes of this
subtitle.
‘‘(2) REGISTRATION INFORMATION.—Any person
applying to register under paragraph (1) as an am-
monium nitrate purchaser shall submit to the
Secretary—
‘‘(A) the name, address, and telephone num-
ber of the applicant; and
‘‘(B) the intended use of ammonium nitrate
to be purchased by the applicant.
‘‘(e) RECORDS.—
‘‘(1) MAINTENANCE OF RECORDS.—The owner of
an ammonium nitrate facility shall—
‘‘(A) maintain a record of each sale or
transfer of ammonium nitrate, during the two-
year period beginning on the date of that sale or
transfer; and
‘‘(B) include in such record the information
described in paragraph (2).
‘‘(2) SPECIFIC
INFORMATION
REQUIRED.—For
each sale or transfer of ammonium nitrate, the owner
of an ammonium nitrate facility shall—
‘‘(A) record the name, address, telephone
number, and registration number issued under
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subsection (c) or (d) of each person that takes
possession of ammonium nitrate, in a manner
prescribed by the Secretary;
‘‘(B) if applicable, record the name, address,
and telephone number of each individual who
takes possession of the ammonium nitrate on be-
half of the person described in subparagraph (A),
at the point of sale;
‘‘(C) record the date and quantity of ammo-
nium nitrate sold or transferred; and
‘‘(D) verify the identity of the persons de-
scribed in subparagraphs (A) and (B), as appli-
cable, in accordance with a procedure established
by the Secretary.
‘‘(3) PROTECTION OF INFORMATION.—In main-
taining records in accordance with paragraph (1), the
owner of an ammonium nitrate facility shall take
reasonable actions to ensure the protection of the in-
formation included in such records.
‘‘(f) EXEMPTION
FOR EXPLOSIVE PURPOSES.—The
Secretary may exempt from this subtitle a person pro-
ducing, selling, or purchasing ammonium nitrate exclu-
sively for use in the production of an explosive under a li-
cense issued under chapter 40 of title 18, United States
Code.
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‘‘(g) CONSULTATION.—In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture,
States, and appropriate private sector entities, to ensure
that the access of agricultural producers to ammonium ni-
trate is not unduly burdened.
‘‘(h) DATA CONFIDENTIALITY.—
‘‘(1) IN GENERAL.—Notwithstanding section 552
of title 5, United States Code, or the USA PATRIOT
ACT (Public Law 107–56; 115 Stat. 272), and except
as provided in paragraph (2), the Secretary may not
disclose to any person any information obtained
under this subtitle.
‘‘(2) EXCEPTION.—The Secretary may disclose
any information obtained by the Secretary under this
subtitle to—
‘‘(A) an officer or employee of the United
States, or a person that has entered into a con-
tract with the United States, who has a need to
know the information to perform the duties of
the officer, employee, or person; or
‘‘(B) to a State agency under section 899D,
under appropriate arrangements to ensure the
protection of the information.
‘‘(i) REGISTRATION PROCEDURES
AND CHECK
OF
TERRORIST SCREENING DATABASE.—
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‘‘(1) REGISTRATION PROCEDURES.—
‘‘(A) GENERALLY.—The Secretary shall es-
tablish procedures to efficiently receive applica-
tions for registration numbers under this sub-
title, conduct the checks required under para-
graph (2), and promptly issue or deny a reg-
istration number.
‘‘(B) INITIAL SIX-MONTH REGISTRATION PE-
RIOD.—The Secretary shall take steps to maxi-
mize the number of registration applications that
are submitted and processed during the six-
month period described in section 899F(e).
‘‘(2) CHECK OF TERRORIST SCREENING DATA-
BASE.—
‘‘(A) CHECK
REQUIRED.—The Secretary
shall conduct a check of appropriate identifying
information of any person seeking to register
with the Department under subsection (c) or (d)
against identifying information that appears in
the terrorist screening database of the Depart-
ment.
‘‘(B) AUTHORITY TO DENY REGISTRATION
NUMBER.—If the identifying information of a
person seeking to register with the Department
under subsection (c) or (d) appears in the ter-
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rorist screening database of the Department, the
Secretary may deny issuance of a registration
number under this subtitle.
‘‘(3) EXPEDITED REVIEW OF APPLICATIONS.—
‘‘(A) IN
GENERAL.—Following the six-
month period described in section 899F(e), the
Secretary shall, to the extent practicable, issue or
deny registration numbers under this subtitle not
later than 72 hours after the time the Secretary
receives a complete registration application, un-
less the Secretary determines, in the interest of
national security, that additional time is nec-
essary to review an application.
‘‘(B) NOTICE OF APPLICATION STATUS.—In
all cases, the Secretary shall notify a person
seeking to register with the Department under
subsection (c) or (d) of the status of the applica-
tion of that person not later than 72 hours after
the time the Secretary receives a complete reg-
istration application.
‘‘(4) EXPEDITED APPEALS PROCESS.—
‘‘(A) REQUIREMENT.—
‘‘(i) APPEALS
PROCESS.—The Sec-
retary shall establish an expedited appeals
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process for persons denied a registration
number under this subtitle.
‘‘(ii) TIME
PERIOD
FOR
RESOLU-
TION.—The Secretary shall, to the extent
practicable, resolve appeals not later than
72 hours after receiving a complete request
for appeal unless the Secretary determines,
in the interest of national security, that ad-
ditional time is necessary to resolve an ap-
peal.
‘‘(B) CONSULTATION.—The Secretary, in
developing the appeals process under subpara-
graph (A), shall consult with appropriate stake-
holders.
‘‘(C) GUIDANCE.—The Secretary shall pro-
vide guidance regarding the procedures and in-
formation required for an appeal under subpara-
graph (A) to any person denied a registration
number under this subtitle.
‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE
OF INFORMATION.—
‘‘(A) IN GENERAL.—Any information con-
stituting grounds for denial of a registration
number under this section shall be maintained
confidentially by the Secretary and may be used
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only for making determinations under this sec-
tion.
‘‘(B) SHARING OF INFORMATION.—Notwith-
standing any other provision of this subtitle, the
Secretary may share any such information with
Federal, State, local, and tribal law enforcement
agencies, as appropriate.
‘‘(6) REGISTRATION INFORMATION.—
‘‘(A) AUTHORITY
TO
REQUIRE
INFORMA-
TION.—The Secretary may require a person ap-
plying for a registration number under this sub-
title to submit such information as may be nec-
essary to carry out the requirements of this sec-
tion.
‘‘(B) REQUIREMENT TO UPDATE INFORMA-
TION.—The Secretary may require persons issued
a registration under this subtitle to update reg-
istration information submitted to the Secretary
under this subtitle, as appropriate.
‘‘(7) RE-CHECKS AGAINST TERRORIST SCREEN-
ING DATABASE.—
‘‘(A) RE-CHECKS.—The Secretary shall, as
appropriate, recheck persons provided a registra-
tion number pursuant to this subtitle against the
terrorist screening database of the Department,
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and may revoke such registration number if the
Secretary determines such person may pose a
threat to national security.
‘‘(B) NOTICE
OF
REVOCATION.—The Sec-
retary shall, as appropriate, provide prior notice
to a person whose registration number is revoked
under this section and such person shall have an
opportunity to appeal, as provided in paragraph
(4).
‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS.
‘‘The Secretary shall establish a process for the peri-
odic inspection and auditing of the records maintained by
owners of ammonium nitrate facilities for the purpose of
monitoring compliance with this subtitle or for the purpose
of deterring or preventing the misappropriation or use of
ammonium nitrate in an act of terrorism.
‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS.
‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary—
‘‘(1) may enter into a cooperative agreement
with the Secretary of Agriculture, or the head of any
State department of agriculture or its designee in-
volved in agricultural regulation, in consultation
with the State agency responsible for homeland secu-
rity, to carry out the provisions of this subtitle; and
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‘‘(2) wherever possible, shall seek to cooperate
with State agencies or their designees that oversee am-
monium nitrate facility operations when seeking co-
operative agreements to implement the registration
and enforcement provisions of this subtitle.
‘‘(b) DELEGATION.—
‘‘(1) AUTHORITY.—The Secretary may delegate
to a State the authority to assist the Secretary in the
administration and enforcement of this subtitle.
‘‘(2) DELEGATION REQUIRED.—At the request of
a Governor of a State, the Secretary shall delegate to
that State the authority to carry out functions under
sections 899B and 899C, if the Secretary determines
that the State is capable of satisfactorily carrying out
such functions.
‘‘(3) FUNDING.—Subject to the availability of
appropriations, if the Secretary delegates functions to
a State under this subsection, the Secretary shall pro-
vide to that State sufficient funds to carry out the
delegated functions.
‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MA-
TERIALS TO AMMONIUM NITRATE FACILITIES.—
‘‘(1) GUIDANCE.—The Secretary shall make
available to each owner of an ammonium nitrate fa-
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cility registered under section 899B(c)(1) guidance
on—
‘‘(A) the identification of suspicious ammo-
nium nitrate purchases or transfers or attempted
purchases or transfers;
‘‘(B) the appropriate course of action to be
taken by the ammonium nitrate facility owner
with respect to such a purchase or transfer or at-
tempted purchase or transfer, including—
‘‘(i) exercising the right of the owner of
the ammonium nitrate facility to decline
sale of ammonium nitrate; and
‘‘(ii) notifying appropriate law en-
forcement entities; and
‘‘(C) additional subjects determined appro-
priate by to prevent the misappropriation or use
of ammonium nitrate in an act of terrorism.
‘‘(2) USE OF MATERIALS AND PROGRAMS.—In
providing guidance under this subsection, the Sec-
retary shall, to the extent practicable, leverage any
relevant materials and programs.
‘‘(3) NOTIFICATION MATERIALS.—
‘‘(A) IN
GENERAL.—The Secretary shall
make available materials suitable for posting at
locations where ammonium nitrate is sold.
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‘‘(B) DESIGN
OF
MATERIALS.—Materials
made available under subparagraph (A) shall be
designed to notify prospective ammonium nitrate
purchasers of—
‘‘(i) the record-keeping requirements
under section 899B; and
‘‘(ii) the penalties for violating such
requirements.
‘‘SEC. 899E. THEFT REPORTING REQUIREMENT.
‘‘Any person who is required to comply with section
899B(e) who has knowledge of the theft or unexplained loss
of ammonium nitrate shall report such theft or loss to the
appropriate Federal law enforcement authorities not later
than 1 calendar day of the date on which the person becomes
aware of such theft or loss. Upon receipt of such report,
the relevant Federal authorities shall inform State, local,
and tribal law enforcement entities, as appropriate.
‘‘SEC. 899F. PROHIBITIONS AND PENALTY.
‘‘(a) PROHIBITIONS.—
‘‘(1) TAKING POSSESSION.—No person shall take
possession of ammonium nitrate from an ammonium
nitrate facility unless such person is registered under
subsection (c) or (d) of section 899B, or is an agent
of a person registered under subsection (c) or (d) of
that section.
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‘‘(2) TRANSFERRING POSSESSION.—An owner of
an ammonium nitrate facility shall not transfer pos-
session of ammonium nitrate from the ammonium ni-
trate facility to any person who is not registered
under subsection (c) or (d) of section 899B, or is not
an agent of a person registered under subsection (c)
or (d) of that section.
‘‘(3) OTHER PROHIBITIONS.—No person shall—
‘‘(A) buy and take possession of ammonium
nitrate without a registration number required
under subsection (c) or (d) of section 899B;
‘‘(B) own or operate an ammonium nitrate
facility without a registration number required
under section 899B(c); or
‘‘(C) fail to comply with any requirement
or violate any other prohibition under this sub-
title.
‘‘(b) CIVIL PENALTY.—A person that violates this sub-
title may be assessed a civil penalty by the Secretary of
not more than $50,000 per violation.
‘‘(c) PENALTY CONSIDERATIONS.—In determining the
amount of a civil penalty under this section, the Secretary
shall consider—
‘‘(1) the nature and circumstances of the viola-
tion;
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‘‘(2) with respect to the person who commits the
violation, any history of prior violations, the ability
to pay the penalty, and any effect the penalty is like-
ly to have on the ability of such person to do business;
and
‘‘(3) any other matter that the Secretary deter-
mines that justice requires.
‘‘(d) NOTICE AND OPPORTUNITY FOR A HEARING.—
No civil penalty may be assessed under this subtitle unless
the person liable for the penalty has been given notice and
an opportunity for a hearing on the violation for which
the penalty is to be assessed in the county, parish, or incor-
porated city of residence of that person.
‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Para-
graphs (1) and (2) of subsection (a) shall apply on and
after the date that is 6 months after the date that the Sec-
retary issues of a final rule implementing this subtitle.
‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY.
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, an owner of an ammonium nitrate facility that
in good faith refuses to sell or transfer ammonium nitrate
to any person, or that in good faith discloses to the Depart-
ment or to appropriate law enforcement authorities an ac-
tual or attempted purchase or transfer of ammonium ni-
trate, based upon a reasonable belief that the person seeking
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purchase or transfer of ammonium nitrate may use the am-
monium nitrate to create an explosive device to be employed
in an act of terrorism (as defined in section 3077 of title
18, United States Code), or to use ammonium nitrate for
any other unlawful purpose, shall not be liable in any civil
action relating to that refusal to sell ammonium nitrate or
that disclosure.
‘‘(b) REASONABLE BELIEF.—A reasonable belief that
a person may use ammonium nitrate to create an explosive
device to be employed in an act of terrorism under sub-
section (a) may not solely be based on the race, sex, national
origin, creed, religion, status as a veteran, or status as a
member of the Armed Forces of the United States of that
person.
‘‘SEC. 899H. PREEMPTION OF OTHER LAWS.
‘‘(a) OTHER FEDERAL REGULATIONS.—Except as pro-
vided in section 899G, nothing in this subtitle affects any
regulation issued by any agency other than an agency of
the Department.
‘‘(b) STATE LAW.—Subject to section 899G, this sub-
title preempts the laws of any State to the extent that such
laws are inconsistent with this subtitle, except that this sub-
title shall not preempt any State law that provides addi-
tional protection against the acquisition of ammonium ni-
trate by terrorists or the use of ammonium nitrate in explo-
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sives in acts of terrorism or for other illicit purposes, as
determined by the Secretary.
‘‘SEC. 899I. DEADLINES FOR REGULATIONS.
‘‘The Secretary—
‘‘(1) shall issue a proposed rule implementing
this subtitle not later than 6 months after the date of
the enactment of this subtitle; and
‘‘(2) issue a final rule implementing this subtitle
not later than 1 year after such date of enactment.
‘‘SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the
Secretary—
‘‘(1) $2,000,000 for fiscal year 2008; and
‘‘(2) $10,750,000 for each of fiscal years 2009
through 2012.’’.
(b) CLERICAL AMENDMENT.—The table of contents in
section 1(b) of such Act is amended by inserting after the
item relating to section 899 the following:
‘‘Subtitle J—Secure Handling of Ammonium Nitrate
‘‘Sec. 899A. Definitions.
‘‘Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
‘‘Sec. 899C. Inspection and auditing of records.
‘‘Sec. 899D. Administrative provisions.
‘‘Sec. 899E. Theft reporting requirement.
‘‘Sec. 899F. Prohibitions and penalty.
‘‘Sec. 899G. Protection from civil liability.
‘‘Sec. 899H. Preemption of other laws.
‘‘Sec. 899I. Deadlines for regulations.
‘‘Sec. 899J. Authorization of appropriations.’’.
SEC. 552. RISK MANAGEMENT AND ANALYSIS SPECIAL
EVENT; 2010 VANCOUVER
OLYMPIC
AND
PARALYMPIC
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GAMES. As soon as practicable, but not later than 3 months
after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on Ap-
propriations, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Appropriations, the Committee on Homeland Se-
curity, and the Committee on Transportation and Infra-
structure of the House of Representatives a report regarding
the plans of the Secretary of Homeland Security relating
to—
(1) implementing the recommendations regard-
ing the 2010 Vancouver Olympic and Paralympic
Games in the Joint Explanatory Statement of the
Committee of Conference on H.R. 5441 (109th Con-
gress), the Department of Homeland Security Appro-
priations Act, 2007, with specific funding strategies
for—
(A) the Multiagency Coordination Center;
and
(B) communications exercises to validate
communications pathways, test equipment, and
support the training and familiarization of per-
sonnel on the operations of the different tech-
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nologies used to support the 2010 Vancouver
Olympic and Paralympic Games; and
(2) the feasibility of implementing a program to
prescreen individuals traveling by rail between Van-
couver, Canada and Seattle, Washington during the
2010 Vancouver Olympic and Paralympic Games,
while those individuals are located in Vancouver,
Canada, similar to the preclearance arrangements in
effect in Vancouver, Canada for certain flights be-
tween the United States and Canada.
SEC. 553. IMPROVEMENT OF BARRIERS AT BORDER.
Section 102 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1103 note) is
amended—
(1) in subsection (a), by striking ‘‘Attorney Gen-
eral, in consultation with the Commissioner of Immi-
gration and Naturalization,’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and
(2) in subsection (b)—
(A) in the subsection heading, by striking
‘‘IN THE BORDER AREA’’ and inserting ‘‘ALONG
THE BORDER’’;
(B) by redesignating paragraphs (1), (2),
(3), and (4) as paragraphs (2), (3), (4), and (5),
respectively;
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(C) in paragraph (2), as redesignated—
(i) in the paragraph heading, by strik-
ing ‘‘SECURITY FEATURES’’ and inserting
‘‘ADDITIONAL FENCING ALONG SOUTHWEST
BORDER’’; and
(ii) by striking subparagraphs (A)
through (C) and inserting the following:
‘‘(A) REINFORCED FENCING.—In carrying
out subsection (a), the Secretary of Homeland
Security shall construct reinforced fencing along
not less than 700 miles of the southwest border
where fencing would be most practical and effec-
tive and provide for the installation of addi-
tional physical barriers, roads, lighting, cam-
eras, and sensors to gain operational control of
the southwest border.
‘‘(B) PRIORITY
AREAS.—In carrying out
this section, the Secretary of Homeland Security
shall—
‘‘(i) identify the 370 miles along the
southwest border where fencing would be
most practical and effective in deterring
smugglers and aliens attempting to gain il-
legal entry into the United States; and
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‘‘(ii) not later than December 31, 2008,
complete construction of reinforced fencing
along the 370 miles identified under clause
(i).
‘‘(C) CONSULTATION.—
‘‘(i) IN
GENERAL.—In carrying out
this section, the Secretary of Homeland Se-
curity shall consult with the Secretary of
Interior, the Secretary of Agriculture,
States, local governments, Indian tribes,
and property owners in the United States
to minimize the impact on the environment,
culture, commerce, and quality of life for
the communities and residents located near
the sites at which such fencing is to be con-
structed.
‘‘(ii) SAVINGS PROVISION.—Nothing in
this subparagraph may be construed to—
‘‘(I) create any right of action for
a State, local government, or other per-
son or entity affected by this sub-
section; or
‘‘(II) affect the eminent domain
laws of the United States or of any
State.
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‘‘(D) LIMITATION ON REQUIREMENTS.—Not-
withstanding subparagraph (A), nothing in this
paragraph shall require the Secretary of Home-
land Security to install fencing, physical bar-
riers, roads, lighting, cameras, and sensors in a
particular location along an international bor-
der of the United States, if the Secretary deter-
mines that the use or placement of such resources
is not the most appropriate means to achieve
and maintain operational control over the inter-
national border at such location.’’; and
(D) in paragraph (5), as redesignated, by
striking ‘‘to carry out this subsection not to ex-
ceed $12,000,000’’ and inserting ‘‘such sums as
may be necessary to carry out this subsection’’.
SEC. 554. ACCOUNTABILITY IN GRANT AND CONTRACT
ADMINISTRATION. The Department of Homeland Security,
through the Federal Emergency Management Agency,
shall—
(1) consider implementation, through fair and
open competition, of management, tracking and ac-
countability systems to assist in managing grant allo-
cations, distribution, expenditures, and asset tracking;
and
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(2) consider any efficiencies created through co-
operative purchasing agreements.
SEC. 555. None of the funds made available in this
Act may be used to destroy or put out to pasture any horse
or other equine belonging to the Federal Government that
has become unfit for service, unless the trainer or handler
is first given the option to take possession of the equine
through an adoption program that has safeguards against
slaughter and inhumane treatment.
SEC. 556. INTERNATIONAL REGISTERED TRAVELER
PROGRAM. Section 7208(k)(3) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (8 U.S.C.
1365b(k)(3)) is amended to read as follows:
‘‘(3) INTERNATIONAL
REGISTERED
TRAVELER
PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary of Home-
land Security shall establish an international
registered traveler program that incorporates
available technologies, such as biometrics and e-
passports, and security threat assessments to ex-
pedite the screening and processing of inter-
national travelers, including United States Citi-
zens and residents, who enter and exit the
United States. The program shall be coordinated
with the US–VISIT program, other pre-screening
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initiatives, and the Visa Waiver Program within
the Department of Homeland Security.
‘‘(B) FEES.—The Secretary may impose a
fee for the program established under subpara-
graph (A) and may modify such fee from time
to time. The fee may not exceed the aggregate
costs associated with the program and shall be
credited to the Department of Homeland Secu-
rity for purposes of carrying out the program.
Amounts so credited shall remain available until
expended.
‘‘(C) RULEMAKING.—Within 365 days after
the date of enactment of this paragraph, the Sec-
retary shall initiate a rulemaking to establish
the program, criteria for participation, and the
fee for the program.
‘‘(D) IMPLEMENTATION.—Not later than 2
years after the date of enactment of this para-
graph, the Secretary shall establish a phased-im-
plementation of a biometric-based international
registered traveler program in conjunction with
the US–VISIT entry and exit system, other pre-
screening initiatives, and the Visa Waiver Pro-
gram within the Department of Homeland Secu-
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rity at United States airports with the highest
volume of international travelers.
‘‘(E) PARTICIPATION.—The Secretary shall
ensure that the international registered traveler
program includes as many participants as prac-
ticable by—
‘‘(i) establishing a reasonable cost of
enrollment;
‘‘(ii) making program enrollment con-
venient and easily accessible; and
‘‘(iii) providing applicants with clear
and consistent eligibility guidelines.’’.
SEC. 557. REPORT ON THE PERFORMANCE ACCOUNT-
ABILITY
AND STANDARDS SYSTEM
OF
THE TRANSPOR-
TATION SECURITY ADMINISTRATION. Not later than March
1, 2008, the Transportation Security Administration shall
submit a report to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Sen-
ate, the Committee on Commerce, Science, and Transpor-
tation of the Senate, the Committee on Homeland Security
of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives on the implementation of the Performance Ac-
countability and Standards System, including—
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(1) the number of employees who achieved each
level of performance;
(2) a comparison between managers and non-
managers relating to performance and pay increases;
(3) the type and amount of all pay increases
that have taken effect for each level of performance;
and
(4) the attrition of employees covered by the Per-
formance Accountability and Standards System.
SEC. 558. SHARED
BORDER
MANAGEMENT. (a)
STUDY.—The Comptroller General of the United States
shall conduct a study on the Department of Homeland Se-
curity’s use of shared border management to secure the
international borders of the United States.
(b) REPORT.—The Comptroller General shall submit
a report to Congress that describes—
(1) any negotiations, plans, or designs conducted
by officials of the Department of Homeland Security
regarding the practice of shared border management;
and
(2) the factors required to be in place for shared
border management to be successful.
SEC. 559. Amounts authorized to be appropriated in
the Border Law Enforcement Relief Act of 2007 are in-
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creased by $50,000,000 for each of the fiscal years 2008
through 2012.
SEC. 560. GAO STUDY OF COST OF FENCING ON THE
SOUTHERN
BORDER. (a) INQUIRY
AND
REPORT
RE-
QUIRED.—The Comptroller of the United States shall con-
duct a study examining—
(1) the total amount of money that has been ex-
pended, as of June 20, 2007, to construct 90 miles of
fencing on the southern border of the United States;
(2) the average cost per mile of the 90 miles of
fencing on the southern border as of June 20, 2007;
(3) the average cost per mile of the 370 miles of
fencing that the Department of Homeland Security is
required to have completed on the southern border by
December 
31, 
2008, 
which 
shall 
include
$1,187,000,000 appropriated in fiscal year 2007 for
‘‘border security fencing, technology, and infrastruc-
ture’’ and the $1,000,000,000 appropriated under this
Act under the heading ‘‘Border Security Fencing, In-
frastructure, and Technology’’;
(4) the total cost and average cost per mile to
construct the 700 linear miles (854 topographical
miles) of fencing on the southern border required to
be constructed under section 102(b) of the Illegal Im-
migration Reform and Immigrant Responsibility Act
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of 1996, as amended by section 3 of the Secure Fence
Act of 2006 (Public Law 109–367);
(5) the total cost and average cost per mile to
construct the fencing described in paragraph (4) if the
double layer fencing requirement were eliminated;
and
(6) the number of miles of single layer fencing,
if fencing were not accompanied by additional tech-
nology and infrastructure such as cameras, sensors,
and 
roads, 
which 
could 
be 
built 
with 
the
$1,187,000,000 appropriated in fiscal year 2007 for
‘‘border security fencing, technology, and infrastruc-
ture’’ and the $1,000,000,000 appropriated under this
Act under the heading ‘‘Border Security Fencing, In-
frastructure, and Technology’’.
(b) SUBMISSION OF REPORT.—Not later than 1 year
after the date of the enactment of this Act, the Comptroller
General shall submit a report on the results of the study
conducted pursuant to subsection (a) to—
(1) the Committee on Appropriations of the Sen-
ate;
(2) the Committee on the Judiciary of the Sen-
ate;
(3) the Committee on Appropriations of the
House of Representatives; and
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(4) the Committee on the Judiciary of the House
of Representatives.
SEC. 561. SENSE OF SENATE ON IMMIGRATION.—(a)
FINDINGS.—The Senate makes the following findings:
(1) On June 28th, 2007, the Senate, by a vote
of 46 to 53, rejected a motion to invoke cloture on a
bill to provide for comprehensive immigration reform.
(2) Illegal immigration remains the top domestic
issue in the United States.
(3) The people of the United States continue to
feel the effects of a failed immigration system on a
daily basis, and they have not forgotten that Congress
and the President have a duty to address the issue of
illegal immigration and the security of the inter-
national borders of the United States.
(4) People from across the United States have
shared with members of the Senate their wide ranging
and passionate opinions on how best to reform the
immigration system.
(5) There is no consensus on an approach to
comprehensive immigration reform that does not first
secure the international borders of the United States.
(6) There is unanimity that the Federal Govern-
ment has a responsibility to, and immediately should,
secure the international borders of the United States.
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(7) Border security is an integral part of na-
tional security.
(8) The greatest obstacle the Federal Government
faces with respect to the people of the United States
is a lack of trust that the Federal Government will se-
cure the international borders of the United States.
(9) This lack of trust is rooted in the past fail-
ures of the Federal Government to uphold and enforce
immigration laws and the failure of the Federal Gov-
ernment to secure the international borders of the
United States.
(10) Failure to uphold and enforce immigration
laws has eroded respect for those laws and eliminated
the faith of the people of the United States in the abil-
ity of their elected officials to responsibly administer
immigration programs.
(11) It is necessary to regain the trust of the peo-
ple of the United States in the competency of the Fed-
eral Government to enforce immigration laws and
manage the immigration system.
(12) Securing the borders of the United States
would serve as a starting point to begin to address
other issues surrounding immigration reform on
which there is not consensus.
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(13) Congress has not fully funded some interior
and border security activities that it has authorized.
(14) The President of the United States can ini-
tiate emergency spending by designating certain
spending as ‘‘emergency spending’’ in a request to the
Congress.
(15) The lack of security on the international
borders of the United States rises to the level of an
emergency.
(16) The Border Patrol are apprehending some,
but not all, individuals from countries that the Sec-
retary of State has determined have repeatedly pro-
vided support for acts of international terrorism who
cross or attempt to cross illegally into the United
States.
(17) The Federal Bureau of Investigation is in-
vestigating a human smuggling ring that has been
bringing Iraqis and other Middle Eastern individuals
across the international borders of the United States.
(b) SENSE OF SENATE.—It is the sense of Senate
that—
(1) the Federal Government should work to re-
gain the trust of the people of the United States in
its ability of the Federal Government to secure the
international borders of the United States;
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(2) in order to restore the credibility of the Fed-
eral Government on this critical issue, the Federal
Government should prove its ability to enforce immi-
gration laws by taking actions such as securing the
border, stopping the flow of illegal immigrants and
drugs into the United States, and creating a tamper-
proof biometric identification card for foreign work-
ers; and
(3) the President should request emergency
spending that fully funds—
(A) existing interior and border security
authorizations that have not been funded by
Congress; and
(B) the border and interior security initia-
tives contained in the bill to provide for com-
prehensive immigration reform and for other
purposes (S. 1639) introduced in the Senate on
June 18, 2007.
SEC. 562. ENSURING THE SAFETY OF AGRICULTURAL
IMPORTS.—(a) FINDINGS.—Congress makes the following
findings:
(1) The Food and Drug Administration, as part
of its responsibility to ensure the safety of food and
other imports, maintains a presence at 91 of the 320
points of entry into the United States.
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(2) United States Customs and Border Protec-
tion personnel are responsible for monitoring imports
and alerting the Food and Drug Administration to
suspicious material entering the United States at the
remaining 229 points of entry.
(b) REPORT.—The Commissioner of U.S. Customs and
Border Protection shall submit a report to Congress that
describes the training of U.S. Customs and Border Protec-
tion personnel to effectively assist the Food and Drug Ad-
ministration in monitoring our Nation’s food supply.
SEC. 563. (a) STUDY ON IMPLEMENTATION OF VOL-
UNTARY PROVISION OF EMERGENCY SERVICES PROGRAM.—
(1) Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Trans-
portation Security Administration shall conduct a
study on the implementation of the voluntary provi-
sion of emergency services program established pursu-
ant to section 44944(a) of title 49, United States Code
(referred to in this section as the ‘‘program’’).
(2) As part of the study required by paragraph
(1), the Administrator shall assess the following:
(A) Whether training protocols established
by air carriers and foreign air carriers include
training pertinent to the program and whether
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such training is effective for purposes of the pro-
gram.
(B) Whether employees of air carriers and
foreign air carriers responsible for implementing
the program are familiar with the provisions of
the program.
(C) The degree to which the program has
been implemented in airports.
(D) Whether a helpline or other similar
mechanism of assistance provided by an air car-
rier, foreign air carrier, or the Transportation
Security Administration should be established to
provide assistance to employees of air carriers
and foreign air carriers who are uncertain of the
procedures of the program.
(3) In making the assessment required by para-
graph (2)(C), the Administrator may make use of un-
announced interviews or other reasonable and effective
methods to test employees of air carriers and foreign
air carriers responsible for registering law enforce-
ment officers, firefighters, and emergency medical
technicians as part of the program.
(4)(A) Not later than 60 days after the comple-
tion of the study required by paragraph (1), the Ad-
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ministrator shall submit to Congress a report on the
findings of such study.
(B) The Administrator shall make such re-
port available to the public by Internet web site
or other appropriate method.
(b) PUBLICATION
OF
REPORT
PREVIOUSLY
SUB-
MITTED.—The Administrator shall make available to the
public on the Internet web site of the Transportation Secu-
rity Administration or the Department of Homeland Secu-
rity the report required by section 554(b) of the Department
of Homeland Security Appropriations Act, 2007 (Public
Law 109–295).
(c) MECHANISM
FOR REPORTING PROBLEMS.—The
Administrator shall develop a mechanism on the Internet
web site of the Transportation Security Administration or
the Department of Homeland Security by which first re-
sponders may report problems with or barriers to volun-
teering in the program. Such mechanism shall also provide
information on how to submit comments related to volun-
teering in the program.
(d) AIR CARRIER AND FOREIGN AIR CARRIER DE-
FINED.—In this section, the terms ‘‘air carrier’’ and ‘‘for-
eign air carrier’’ have the meaning given such terms in sec-
tion 40102 of title 49, United States Code.
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SEC. 564. None of the funds appropriated or otherwise
made available by this Act may be used to enter into a
contract in an amount greater than $5,000,000 or to award
a grant in excess of such amount unless the prospective con-
tractor or grantee certifies in writing to the agency award-
ing the contract or grant that the contractor or grantee has
no unpaid Federal tax assessments, that the contractor or
grantee has entered into an installment agreement or offer
in compromise that has been accepted by the IRS to resolve
any unpaid Federal tax assessments, or, in the case of un-
paid Federal tax assessments other than for income, estate,
and gift taxes, that the liability for the unpaid assessments
is the subject of a non-frivolous administrative or judicial
appeal. For purposes of the preceding sentence, the certifi-
cation requirement of part 52.209–5 of the Federal Acquisi-
tion Regulation shall also include a requirement for a cer-
tification by a prospective contractor of whether, within the
three-year period preceding the offer for the contract, the
prospective contractor—
(1) has or has not been convicted of or had a
civil judgment or other judicial determination ren-
dered against the contractor for violating any tax law
or failing to pay any tax;
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(2) has or has not been notified of any delin-
quent 
taxes 
for 
which 
the 
liability 
remains
unsatisfied; or
(3) has or has not received a notice of a tax lien
filed against the contractor for which the liability re-
mains unsatisfied or for which the lien has not been
released.
SEC. 565. TRANSPORTATION FACILITY ACCESS CON-
TROL PROGRAMS.
The Secretary of Homeland Security shall work with
appropriate officials of Florida and of other States to re-
solve the differences between the Transportation Worker
Identification Credential program administered by the
Transportation Security Administration and existing State
transportation facility access control programs.
SEC. 566. None of the funds made available in this
Act may be used for planning, testing, piloting, or devel-
oping a national identification card.
SEC. 567. ADDITIONAL ASSISTANCE FOR PREPARA-
TION OF PLANS.
Subparagraph (L) of section 33(b)(3) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)(3)) is amended to read as follows:
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‘‘(L) To fund fire prevention programs, in-
cluding planning and preparation for wildland
fires.’’.
SEC. 568. SENSE OF CONGRESS. It is the sense of Con-
gress that sufficient funds should be appropriated to allow
the Secretary to increase the number of personnel of U.S.
Customs and Border Protection protecting the northern bor-
der by 1,517 officers and 788 agents, as authorized by—
(1) section 402 of the Uniting and Strengthening
America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT
ACT) Act of 2001 (Public Law 107–56);
(2) section 331 of the Trade Act of 2002 (Public
Law 107–210); and
(3) section 5202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108–
458).
SEC. 569. STUDY OF RADIO COMMUNICATIONS ALONG
THE INTERNATIONAL BORDERS OF THE UNITED STATES.—
(a) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Se-
curity shall conduct a study to determine the areas along
the international borders of the United States where Federal
and State law enforcement officers are unable to achieve
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radio communication or where radio communication is in-
adequate.
(b) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—Upon the conclusion of the
study described in subsection (a), the Secretary shall
develop a plan for enhancing radio communication
capability along the international borders of the
United States.
(2) CONTENTS.—The plan developed under para-
graph (1) shall include—
(A) an estimate of the costs required to im-
plement the plan; and
(B) a description of the ways in which Fed-
eral, State, and local law enforcement officers
could benefit from the implementation of the
plan.
SEC. 570. Of the funds provided under this Act or any
other Act to United States Citizenship and Immigration
Services, not less than $1,000,000 shall be provided for a
benefits fraud assessment of the H–1B Visa Program.
SEC. 571. (a) REPORT ON INTERAGENCY OPERATIONAL
CENTERS FOR PORT SECURITY.—Not later than 180 days
after the date of the enactment of this Act, the Commandant
of the Coast Guard shall submit to Congress a report, and
make the report available on its website, on the implementa-
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tion and use of interagency operational centers for port se-
curity under section 70107A of title 46, United States Code.
(b) ELEMENTS.—The report required by subsection
shall include the following:
(1) A detailed description of the progress made
in transitioning Project Seahawk in Charleston,
South Carolina, from the Department of Justice to
the Coast Guard, including all projects and equip-
ment associated with that project.
(2) A detailed description of that actions being
taken to assure the integrity of Project Seahawk and
ensure there is no loss in cooperation between the
agencies specified in section 70107A(b)(3) of title 46,
United State Code.
(3) A detailed description and explanation of
any changes in Project Seahawk as of the date of the
report, including any changes in Federal, State, or
local staffing of that project.
SEC. 572. (a) The amount appropriated by title III
for necessary expenses for programs authorized by the Fed-
eral Fire Prevention and Control Act of 1974 under the
heading ‘‘FIREFIGHTER ASSISTANCE GRANTS’’ is hereby in-
creased by $5,000,000 for necessary expenses to carry out
the programs authorized under section 34 of that Act (15
U.S.C. 2229a).
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(b) The amount appropriated by title III under the
heading ‘‘INFRASTRUCTURE PROTECTION AND INFORMATION
SECURITY’’ is hereby reduced by $5,000,000.
SEC. 573. TSA ACQUISITION MANAGEMENT POLICY.
(a) IN GENERAL.—Section 114 of title 49, United States
Code, is amended by striking subsection (o) and redesig-
nating subsections (p) through (t) as subsections (o) through
(s), respectively.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 180 days after the date of enact-
ment of this Act.
SEC. 574. REPORT ON URBAN AREA SECURITY INITIA-
TIVE. Not later than 180 days after the date of enactment
of this Act, the Government Accountability Office shall sub-
mit a report to the appropriate congressional committees
which describes the criteria and factors the Department of
Homeland Security uses to determine the regional bound-
aries for Urban Area Security Initiative regions, including
a determination if the Department is meeting its goal to
implement a regional approach with respect to Urban Area
Security Initiative regions, and provides recommendations
for how the Department can better facilitate a regional ap-
proach for Urban Area Security Initiative regions.
SEC. 575. (a) In this section:
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(1) The term ‘‘covered funds’’ means funds pro-
vided under section 173 of the Workforce Investment
Act of 1998 (29 U.S.C. 2918) to a State that submits
an application under that section not earlier than
May 4, 2007, for a national emergency grant to ad-
dress the effects of the May 4, 2007, Greensburg, Kan-
sas tornado.
(2) The term ‘‘professional municipal services’’
means services that are necessary to facilitate the re-
covery of Greensburg, Kansas from that tornado, and
necessary to plan for or provide basic management
and administrative services, which may include—
(A) the overall coordination of disaster re-
covery and humanitarian efforts, oversight, and
enforcement of building code compliance, and co-
ordination of health and safety response units; or
(B) the delivery of humanitarian assistance
to individuals affected by that tornado.
(b) Covered funds may be used to provide temporary
public sector employment and services authorized under sec-
tion 173 of such Act to individuals affected by such tornado,
including individuals who were unemployed on the date of
the tornado, or who are without employment history, in ad-
dition to individuals who are eligible for disaster relief em-
ployment under section 173(d)(2) of such Act.
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(c) Covered funds may be used to provide professional
municipal services for a period of not more than 24 months,
by hiring or contracting with individuals or organizations
(including individuals employed by contractors) that the
State involved determines are necessary to provide profes-
sional municipal services.
(d) Covered funds expended under this section may be
spent on costs incurred not earlier than May 4, 2007.
SEC. 576. DATA RELATING TO DECLARATIONS OF A
MAJOR DISASTER. (a) IN GENERAL.—Notwithstanding any
other provision of this Act, except as provided in subsection
(b), and 30 days after the date that the President determines
whether to declare a major disaster because of an event and
any appeal is completed, the Administrator shall submit
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Se-
curity of the House of Representatives, and the Senate Com-
mittee on Appropriations, and publish on the website of the
Federal Emergency Management Agency, a report regard-
ing that decision, which shall summarize damage assess-
ment information used to determine whether to declare a
major disaster.
(b) EXCEPTION.—The Administrator may redact from
a report under subsection (a) any data that the Adminis-
trator determines would compromise national security.
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(c) DEFINITIONS.—In this section—
(1) the term ‘‘Administrator’’ means the Admin-
istrator of the Federal Emergency Management Agen-
cy; and
(2) the term ‘‘major disaster’’ has the meaning
given that term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122).
SEC. 577. NATIONAL
TRANSPORTATION
SECURITY
CENTER OF EXCELLENCE.—If the Secretary of Homeland
Security establishes a National Transportation Security
Center of Excellence to conduct research and education ac-
tivities, and to develop or provide professional security
training, including the training of transportation employ-
ees and transportation professionals, the Mineta Transpor-
tation Institute at San Jose State University may be in-
cluded as a member institution of such Center.
SEC. 578. Of amounts appropriated under section
1003, $100,000,000, with $50,000,000 each to the Cities of
Denver, Colorado, and St. Paul, Minnesota, shall be avail-
able for State and local law enforcement entities for security
and related costs, including overtime, associated with the
Democratic National Conventional and Republican Na-
tional Convention in 2008. Amounts provided by this sec-
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tion are designated as an emergency requirement pursuant
to section 204 of S. Con. Res. 21 (110th Congress).
TITLE VI—BORDER LAW ENFORCEMENT RELIEF
ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Border Law Enforce-
ment Relief Act of 2007’’.
SEC. 602. BORDER RELIEF GRANT PROGRAM.
(a) GRANTS AUTHORIZED.—
(1) IN GENERAL.—The Secretary is authorized to
award grants, subject to the availability of appro-
priations, to an eligible law enforcement agency to
provide assistance to such agency to address—
(A) criminal activity that occurs in the ju-
risdiction of such agency by virtue of such agen-
cy’s proximity to the United States border; and
(B) the impact of any lack of security along
the United States border.
(2) DURATION.—Grants may be awarded under
this subsection during fiscal years 2008 through 2012.
(3) COMPETITIVE
BASIS.—The Secretary shall
award grants under this subsection on a competitive
basis, except that the Secretary shall give priority to
applications from any eligible law enforcement agen-
cy serving a community—
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(A) with a population of less than 50,000;
and
(B) located no more than 100 miles from a
United States border with—
(i) Canada; or
(ii) Mexico.
(b) USE OF FUNDS.—Grants awarded pursuant to
subsection (a) may only be used to provide additional re-
sources for an eligible law enforcement agency to address
criminal activity occurring along any such border,
including—
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement
technology;
(4) to cover operational costs, including overtime
and transportation costs; and
(5) such other resources as are available to assist
that agency.
(c) APPLICATION.—
(1) IN GENERAL.—Each eligible law enforcement
agency seeking a grant under this section shall submit
an application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may reasonably require.
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(2) CONTENTS.—Each application submitted
pursuant to paragraph (1) shall—
(A) describe the activities for which assist-
ance under this section is sought; and
(B) provide such additional assurances as
the Secretary determines to be essential to ensure
compliance with the requirements of this section.
(d) DEFINITIONS.—For the purposes of this section:
(1) ELIGIBLE LAW ENFORCEMENT AGENCY.—The
term ‘‘eligible law enforcement agency’’ means a trib-
al, State, or local law enforcement agency—
(A) located in a county no more than 100
miles from a United States border with—
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100
miles from any such border, but where such
county has been certified by the Secretary as a
High Impact Area.
(2) HIGH IMPACT AREA.—The term ‘‘High Im-
pact Area’’ means any county designated by the Sec-
retary as such, taking into consideration—
(A) whether local law enforcement agencies
in that county have the resources to protect the
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lives, property, safety, or welfare of the residents
of that county;
(B) the relationship between any lack of se-
curity along the United States border and the
rise, if any, of criminal activity in that county;
and
(C) any other unique challenges that local
law enforcement face due to a lack of security
along the United States border.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Department of Homeland Secu-
rity.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated $50,000,000 for each of fiscal years 2008
through 2012 to carry out the provisions of this sec-
tion.
(2) DIVISION OF AUTHORIZED FUNDS.—Of the
amounts authorized under paragraph (1)—
(A) 2⁄3 shall be set aside for eligible law en-
forcement agencies located in the 6 States with
the largest number of undocumented alien appre-
hensions; and
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(B) 1⁄3 shall be set aside for areas des-
ignated as a High Impact Area under subsection
(d).
(f) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
priated for grants under this section shall be used to supple-
ment and not supplant other State and local public funds
obligated for the purposes provided under this title.
SEC. 603. Enforcement of Federal Immigration Law.
Nothing in this title shall be construed to authorize
State or local law enforcement agencies or their officers to
exercise Federal immigration law enforcement authority.
TITLE VII—BORDER INFRASTRUCTURE AND
TECHNOLOGY MODERNIZATION
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Border Infrastructure
and Technology Modernization Act of 2007’’.
SEC. 702. DEFINITIONS.—In this title:
(1) COMMISSIONER.—The term ‘‘Commissioner’’
means the Commissioner of United States Customs
and Border Protection of the Department of Home-
land Security.
(2) MAQUILADORA.—The term ‘‘maquiladora’’
means an entity located in Mexico that assembles and
produces goods from imported parts for export to the
United States.
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(3) NORTHERN
BORDER.—The term ‘‘northern
border’’ means the international border between the
United States and Canada.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Homeland Security.
(5) SOUTHERN
BORDER.—The term ‘‘southern
border’’ means the international border between the
United States and Mexico.
SEC. 703. HIRING AND TRAINING OF BORDER AND
TRANSPORTATION SECURITY PERSONNEL.—(a) OFFICERS
AND AGENTS.—
(1) INCREASE IN OFFICERS AND AGENTS.—Sub-
ject to the availability of appropriations, during each
of fiscal years 2009 through 2013, the Secretary
shall—
(A) increase the number of full-time agents
and associated support staff in United States
Immigration and Customs Enforcement of the
Department of Homeland Security by the equiv-
alent of at least 100 more than the number of
such employees as of the end of the preceding fis-
cal year; and
(B) increase the number of full-time officers,
agricultural specialists, and associated support
staff in United States Customs and Border Pro-
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tection by the equivalent of at least 200 more
than the number of such employees as of the end
of the preceding fiscal year.
(2) WAIVER OF FTE LIMITATION.—The Secretary
is authorized to waive any limitation on the number
of full-time equivalent personnel assigned to the De-
partment of Homeland Security to fulfill the require-
ments of paragraph (1).
(b) TRAINING.—As necessary, the Secretary, acting
through the Assistant Secretary for the United States Immi-
gration and Customs Enforcement and the Commissioner,
shall provide appropriate training for agents, officers, agri-
cultural specialists, and associated support staff of the De-
partment of Homeland Security to utilize new technologies
and to ensure that the proficiency levels of such personnel
are acceptable to protect the borders of the United States.
SEC. 704. PORT OF ENTRY INFRASTRUCTURE ASSESS-
MENT STUDY.—(a) REQUIREMENT TO UPDATE.—Not later
than January 31 of every other year, the Commissioner,
in consultation with the Administrator of General Services
shall—
(1) review—
(A) the Port of Entry Infrastructure Assess-
ment Study prepared by the United States Cus-
toms Service, the Immigration and Naturaliza-
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tion Service, and the General Services Adminis-
tration in accordance with the matter relating to
the ports of entry infrastructure assessment set
forth in the joint explanatory statement on page
67 of conference report 106–319, accompanying
Public Law 106–58; and
(B) the nationwide strategy to prioritize
and address the infrastructure needs at the land
ports of entry prepared by the Department of
Homeland Security and the General Services Ad-
ministration in accordance with the committee
recommendations on page 22 of Senate report
108–86, accompanying Public Law 108–90;
(2) update the assessment of the infrastructure
needs of all United States land ports of entry; and
(3) submit an updated assessment of land port
of entry infrastructure needs to Congress.
(b) CONSULTATION.—In preparing the updated studies
required under subsection (a), the Commissioner and the
Administrator of General Services shall consult with the Di-
rector of the Office of Management and Budget, the Sec-
retary, and affected State and local agencies on the northern
and southern borders of the United States.
(c) CONTENT.—Each updated study required in sub-
section (a) shall—
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(1) identify port of entry infrastructure and
technology improvement projects that would enhance
border security and facilitate the flow of legitimate
commerce if implemented;
(2) include the projects identified in the National
Land Border Security Plan required by section 805;
and
(3) prioritize the projects described in para-
graphs (1) and (2) based on the ability of a project—
(A) to enhance the ability of United States
Customs and Border Protection to achieve its
mission and to support operations;
(B) to fulfill security requirements; and
(C) facilitate trade across the borders of the
United States.
(d) PROJECT IMPLEMENTATION.—The Commissioner,
as appropriate, shall—
(1) implement the infrastructure and technology
improvement projects described in subsection (c) in
the order of priority assigned to each project under
subsection (c)(3); or
(2) forward the prioritized list of infrastructure
and technology improvement projects to the Adminis-
trator of General Services for implementation in the
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order of priority assigned to each project under sub-
section (c)(3).
(e) DIVERGENCE FROM PRIORITIES.—The Commis-
sioner may diverge from the priority order if the Commis-
sioner determines that significantly changed circumstances,
including immediate security needs, changes in infrastruc-
ture in Mexico or Canada, or similar concerns, compel-
lingly alter the need for a project in the United States.
SEC. 705. NATIONAL
LAND
BORDER
SECURITY
PLAN.—(a) REQUIREMENT
FOR PLAN.—Not later than
January 31 of every other year, the Secretary, acting
through the Commissioner, shall prepare a National Land
Border Security Plan and submit such plan to Congress.
(b) CONSULTATION.—In preparing the plan required
under subsection (a), the Commissioner shall consult with
other appropriate Federal agencies, State and local law en-
forcement agencies, and private entities that are involved
in international trade across the northern or southern bor-
der.
(c) VULNERABILITY ASSESSMENT.—
(1) IN GENERAL.—The plan required under sub-
section (a) shall include a vulnerability, risk, and
threat assessment of each port of entry located on the
northern border or the southern border.
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(2) PORT SECURITY COORDINATORS.—The Sec-
retary, acting through the Commissioner, may estab-
lish 1 or more port security coordinators at each port
of entry located on the northern border or the south-
ern border—
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required under sub-
section (a).
(d) COORDINATION WITH THE SECURE BORDER INI-
TIATIVE.—The plan required under subsection (a) shall in-
clude a description of activities undertaken during the pre-
vious year as part of the Secure Border Initiative and ac-
tions planned for the coming year as part of the Secure
Border Initiative.
SEC. 706. EXPANSION OF COMMERCE SECURITY PRO-
GRAMS.—(a) COMMERCE SECURITY PROGRAMS.—(1) IN
GENERAL.—Not later than 1 year after the date of the enact-
ment of this Act, the Commissioner, in consultation with
the Secretary, shall develop a plan to expand the size and
scope, including personnel needs, of the Customs-Trade
Partnership Against Terrorism program or other voluntary
programs involving government entities and the private sec-
tor to strengthen and improve the overall security of the
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international supply chain and security along the northern
and southern border of the United States.
(2) SOUTHERN BORDER SUPPLY CHAIN SECU-
RITY.—Not later than 1 year after the date of enact-
ment of this Act, the Commissioner shall provide Con-
gress with a plan to improve supply chain security
along the southern border, including, where appro-
priate, plans to implement voluntary programs in-
volving government entities and the private sector to
strengthen and improve the overall security of the
international supply chain that have been successfully
implemented on the northern border.
SEC. 707. PORT OF ENTRY TECHNOLOGY DEMONSTRA-
TION PROGRAM. (a) ESTABLISHMENT.—The Secretary, act-
ing through the Commissioner, shall carry out a technology
demonstration program to test and evaluate new port of
entry technologies, refine port of entry technologies and
operational concepts, and train personnel under realistic
conditions.
(b) TECHNOLOGY AND FACILITIES.—
(1) TECHNOLOGY
TESTED.—Under the dem-
onstration program, the Commissioner shall test tech-
nologies that enhance port of entry operations, includ-
ing those related to inspections, communications, port
tracking, identification of persons and cargo, sensory
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devices, personal detection, decision support, and the
detection and identification of weapons of mass de-
struction.
(2) FACILITIES DEVELOPED.—At a demonstra-
tion site selected pursuant to subsection (c)(3), the
Commissioner shall develop any facilities needed to
provide appropriate training to Federal law enforce-
ment personnel who have responsibility for border se-
curity, including cross-training among agencies, ad-
vanced law enforcement training, and equipment ori-
entation to the extent that such training is not being
conducted at existing Federal facilities.
(c) DEMONSTRATION SITES.—
(1) NUMBER.—The Commissioner shall carry out
the demonstration program at not less than 3 sites
and not more than 5 sites.
(2) LOCATION.—Of the sites selected under sub-
section (c)—
(A) at least 1 shall be located on the north-
ern border of the United States; and
(B) at least 1 shall be located on the south-
ern border of the United States.
(3) SELECTION CRITERIA.—To ensure that 1 of
the facilities selected as a port of entry demonstration
site for the demonstration program has the most up-
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to-date design, contains sufficient space to conduct the
demonstration program, has a traffic volume low
enough to easily incorporate new technologies without
interrupting normal processing activity, and can effi-
ciently carry out demonstration and port of entry op-
erations, 1 port of entry selected as a demonstration
site may—
(A) have been established not more than 15
years before the date of the enactment of this Act;
(B) consist of not less than 65 acres, with
the possibility of expansion onto not less than 25
adjacent acres; and
(C) have serviced an average of not more
than 50,000 vehicles per month during the 12
months preceding the date of the enactment of
this Act.
(d) RELATIONSHIP WITH OTHER AGENCIES.—The
Secretary, acting through the Commissioner, shall permit
personnel from appropriate Federal agencies to utilize a
demonstration site described in subsection (c) to test tech-
nologies that enhance port of entry operations, including
those related to inspections, communications, port tracking,
identification of persons and cargo, sensory devices, per-
sonal detection, decision support, and the detection and
identification of weapons of mass destruction.
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(e) REPORT.—
(1) REQUIREMENT.—Not later than 1 year after
the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a
report on the activities carried out at each demonstra-
tion site under the technology demonstration program
established under this section.
(2) CONTENT.—The report shall include an as-
sessment by the Commissioner of the feasibility of in-
corporating any demonstrated technology for use
throughout United States Customs and Border Protec-
tion.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS. (a)
IN GENERAL.—In addition to any funds otherwise avail-
able, there are authorized to be appropriated such sums as
may be necessary to carry out sections 703, 704, 705, 706,
and 707 for fiscal years 2009 through 2013.
(b) INTERNATIONAL AGREEMENTS.—Funds authorized
to be appropriated under this title may be used for the im-
plementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Se-
cure and Efficient Flow of People and Commerce across our
Shared Border between the United States and Mexico,
agreed to March 22, 2002, Monterrey, Mexico (commonly
known as the Border Partnership Action Plan) or the
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Smart Border Declaration between the United States and
Canada, agreed to December 12, 2001, Ottawa, Canada that
are consistent with the provisions of this title.
DIVISION B—BORDER SECURITY
TITLE X—BORDER SECURITY REQUIREMENTS
SEC. 1001. SHORT TITLE.
This division may be cited as the ‘‘Border Security
First Act of 2007’’.
SEC. 1002. BORDER SECURITY REQUIREMENTS.
(a) REQUIREMENTS.—Not later than 2 years after the
date of the enactment of this Act, the President shall ensure
that the following are carried out:
(1) OPERATIONAL
CONTROL
OF
THE
INTER-
NATIONAL BORDER WITH MEXICO.—The Secretary of
Homeland Security shall establish and demonstrate
operational control of 100 percent of the international
land border between the United States and Mexico,
including the ability to monitor such border through
available methods and technology.
(2) STAFF
ENHANCEMENTS
FOR
BORDER
PA-
TROL.—The United States Customs and Border Pro-
tection Border Patrol shall hire, train, and report for
duty 23,000 full-time agents.
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(3) STRONG
BORDER
BARRIERS.—The United
States Customs and Border Protection Border Patrol
shall—
(A) install along the international land bor-
der between the United States and Mexico at
least—
(i) 300 miles of vehicle barriers;
(ii) 700 linear miles of fencing as re-
quired by the Secure Fence Act of 2006
(Public Law 109–367), as amended by this
Act; and
(iii) 105 ground-based radar and cam-
era towers; and
(B) deploy for use along the international
land border between the United States and Mex-
ico 4 unmanned aerial vehicles, and the sup-
porting systems for such vehicles.
(4) CATCH
AND
RETURN.—The Secretary of
Homeland Security shall detain all removable aliens
apprehended crossing the international land border
between the United States and Mexico in violation of
Federal or State law, except as specifically mandated
by Federal or State law or humanitarian cir-
cumstances, and United States Immigration and Cus-
toms Enforcement shall have the resources to main-
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tain this practice, including the resources necessary to
detain up to 45,000 aliens per day on an annual
basis.
(b) PRESIDENTIAL PROGRESS REPORT.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, and every 90 days
thereafter until the requirements under subsection (a)
are met, the President shall submit a report to Con-
gress detailing the progress made in funding, meeting,
or otherwise satisfying each of the requirements de-
scribed under paragraphs (1) through (4) of sub-
section (a), including detailing any contractual agree-
ments reached to carry out such measures.
(2) PROGRESS NOT SUFFICIENT.—If the Presi-
dent determines that sufficient progress is not being
made, the President shall include in the report re-
quired under paragraph (1) specific funding rec-
ommendations, authorization needed, or other actions
that are or should be undertaken by the Secretary of
Homeland Security.
SEC. 1003. APPROPRIATIONS FOR BORDER SECURITY.
There is hereby appropriated $3,000,000,000 to satisfy
the requirements set out in section 1002(a) and, if any
amount remains after satisfying such requirements, to
achieve and maintain operational control over the inter-
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national land and maritime borders of the United States,
for employment eligibility verification improvements, for
increased removal and detention of visa overstays, criminal
aliens, aliens who have illegally reentered the United States,
and for reimbursement of State and local section 287(g) ex-
penses. These amounts are designated as an emergency re-
quirement pursuant to section 204 of S. Con. Res. 21 (110th
Congress).
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2008’’.
Attest:
Secretary.