†
HR 2638 EAS
of security checks that establishes information sharing pro-
tocols to ensure United States Citizenship and Immigration
Services has the information it needs to carry out its mis-
sion.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforce-
ment Training Center, including materials and support
costs of Federal law enforcement basic training; purchase
of not to exceed 117 vehicles for police-type use and hire
of passenger motor vehicles; expenses for student athletic
and related activities; the conduct of and participation in
firearms matches and presentation of awards; public aware-
ness and enhancement of community support of law enforce-
ment training; room and board for student interns; a flat
monthly reimbursement to employees authorized to use per-
sonal mobile phones for official duties; and services as au-
thorized by section 3109 of title 5, United States Code;
$221,076,000, of which up to $43,910,000 for materials and
support costs of Federal law enforcement basic training
shall remain available until September 30, 2009; of which
$300,000 shall remain available until expended for Federal
law enforcement agencies participating in training accredi-
tation, to be distributed as determined by the Federal Law
Enforcement Training Center for the needs of participating
†
HR 2638 EAS
agencies; and of which not to exceed $12,000 shall be for
official reception and representation expenses: Provided,
That the Center is authorized to obligate funds in anticipa-
tion of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary re-
sources available at the end of the fiscal year: Provided fur-
ther, That section 1202(a) of Public Law 107–206 (42
U.S.C. 3771 note) as amended by Public Law 109–295 (120
Stat. 1374) is further amended by striking ‘‘December 31,
2007’’ and inserting ‘‘December 31, 2011’’.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND
RELATED EXPENSES
For acquisition of necessary additional real property
and facilities, construction, and ongoing maintenance, fa-
cility improvements, and related expenses of the Federal
Law Enforcement Training Center, $44,470,000, to remain
available until expended: Provided, That the Center is au-
thorized to accept reimbursement to this appropriation
from government agencies requesting the construction of
special use facilities.
SCIENCE AND TECHNOLOGY
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management
and administration of programs and activities, as author-
†
HR 2638 EAS
ized by title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.), $140,632,000: Provided, That not to
exceed $3,000 shall be for official reception and representa-
tion expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology re-
search, including advanced research projects; development;
test and evaluation; acquisition; and operations; as author-
ized by title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.); $697,364,000, to remain available until
expended; and of which $103,814,000 shall be for necessary
expenses of the field laboratories and assets of the Science
and Technology Directorate.
DOMESTIC NUCLEAR DETECTION OFFICE
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear De-
tection Office and for management and administration of
programs and activities, $32,000,000: Provided, That not
to exceed $3,000 shall be for official reception and represen-
tation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for radiological and nuclear re-
search, development, testing, evaluation and operations,
$336,000,000, to remain available until expended, of which
$10,000,000 shall be available to support the implementa-
†
HR 2638 EAS
tion of the Securing the Cities initiative at the level re-
quested in the President’s budget.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection sys-
tems in accordance with the global nuclear detection archi-
tecture, $182,000,000, to remain available until September
30, 2010, of which $30,000,000 shall be available to support
the implementation of the Securing the Cities initiative at
the level requested in the President’s budget: Provided, That
none of the funds appropriated under this heading shall be
obligated 
for 
full-scale 
procurement 
of 
Advanced
Spectroscopic Portal Monitors until the Secretary of Home-
land Security has certified through a report to the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives that a significant increase in operational effec-
tiveness will be achieved.
TITLE V
GENERAL PROVISIONS
SEC. 501. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 502. None of the funds available in this Act shall
be available to carry out section 872 of Public Law 107–
296.
†
HR 2638 EAS
SEC. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies
in or transferred to the Department of Homeland Security
that remain available for obligation or expenditure in fiscal
year 2008, or provided from any accounts in the Treasury
of the United States derived by the collection of fees avail-
able to the agencies funded by this Act, shall be available
for obligation or expenditure through a reprogramming of
funds that: (1) creates a new program; (2) eliminates a pro-
gram, project, or activity; (3) increases funds for any pro-
gram, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds di-
rected for a specific activity by either of the Committees
on Appropriations of the Senate or the House of Represent-
atives for a different purpose; or (5) contracts out any func-
tion or activity for which funding levels were requested for
Federal full-time equivalents in the object classification ta-
bles contained in the fiscal year 2008 Budget Appendix for
the Department of Homeland Security, as modified by the
joint explanatory statement accompanying this Act; unless
the Committees on Appropriations of the Senate and the
House of Representatives are notified 15 days in advance
of such reprogramming of funds.
(b) None of the funds provided by this Act, provided
by previous appropriations Acts to the agencies in or trans-
†
HR 2638 EAS
ferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2008,
or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for obliga-
tion or expenditure for programs, projects, or activities
through a reprogramming of funds in excess of $5,000,000
or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by the Con-
gress; or (3) results from any general savings from a reduc-
tion in personnel that would result in a change in existing
programs, projects, or activities as approved by the Con-
gress; unless the Committees on Appropriations of the Sen-
ate and the House of Representatives are notified 15 days
in advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous ap-
propriations Acts may be transferred between such appro-
priations, but no such appropriations, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer
under this section shall be treated as a reprogramming of
†
HR 2638 EAS
funds under subsection (b) of this section and shall not be
available for obligation unless the Committees on Appro-
priations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of
this section, no funds shall be reprogrammed within or
transferred between appropriations after June 30, except in
extraordinary circumstances which imminently threaten
the safety of human life or the protection of property.
SEC. 504. None of the funds appropriated or otherwise
made available to the Department of Homeland Security
may be used to make payments to the ‘‘Department of
Homeland Security Working Capital Fund’’, except for the
activities and amounts allowed in the President’s fiscal
year 2008 budget, excluding sedan service, shuttle service,
transit subsidy, mail operations, parking, and competitive
sourcing: Provided, That any additional activities and
amounts shall be approved by the Committees on Appro-
priations of the Senate and the House of Representatives
30 days in advance of obligation.
SEC. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 2008 from ap-
propriations for salaries and expenses for fiscal year 2008
in this Act shall remain available through September 30,
†
HR 2638 EAS
2009, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the
obligation of such funds, a request shall be submitted to the
Committees on Appropriations of the Senate and the House
of Representatives for approval in accordance with section
503 of this Act.
SEC. 506. Funds made available by this Act for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year
2008 until the enactment of an Act authorizing intelligence
activities for fiscal year 2008.
SEC. 507. The Federal Law Enforcement Training Ac-
creditation Board shall lead the Federal law enforcement
training accreditation process, to include representatives
from the Federal law enforcement community and non-Fed-
eral accreditation experts involved in law enforcement
training, to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law en-
forcement training programs, facilities, and instructors.
SEC. 508. None of the funds in this Act may be used
to make a grant allocation, discretionary grant award, dis-
cretionary contract award, or to issue a letter of intent to-
taling in excess of $1,000,000, or to announce publicly the
intention to make such an award, unless the Secretary of
†
HR 2638 EAS
Homeland Security notifies the Committees on Appropria-
tions of the Senate and the House of Representatives at least
three full business days in advance: Provided, That no noti-
fication shall involve funds that are not available for obliga-
tion: Provided further, That the notification shall include
the amount of the award, the fiscal year in which the funds
for the award were appropriated, and the account for which
the funds are being drawn from: Provided further, That the
Federal Emergency Management Agency shall brief the
Committees on Appropriations of the Senate and the House
of Representatives five full business days in advance of an-
nouncing publicly the intention of making an award of for-
mula-based grants; law enforcement terrorism prevention
grants; high-threat, high-density urban areas grants; or re-
gional catastrophic preparedness grants.
SEC. 509. Notwithstanding any other provision of law,
no agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforce-
ment training without the advance approval of the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement
†
HR 2638 EAS
for training which cannot be accommodated in existing
Center facilities.
SEC. 510. The Director of the Federal Law Enforce-
ment Training Center shall schedule basic and/or advanced
law enforcement training at all four training facilities
under the control of the Federal Law Enforcement Training
Center to ensure that these training centers are operated
at the highest capacity throughout the fiscal year.
SEC. 511. None of the funds appropriated or otherwise
made available by this Act may be used for expenses of any
construction, repair, alteration, or acquisition project for
which a prospectus, if required by the Public Buildings Act
of 1959 (40 U.S.C. 3301), has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed pro-
spectus.
SEC. 512. None of the funds in this Act may be used
in contravention of the applicable provisions of the Buy
American Act (41 U.S.C. 10a et seq.).
SEC. 513. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for deploy-
ment or implementation, on other than a test basis, of the
Secure Flight program or any other follow on or successor
passenger prescreening program, until the Secretary of
Homeland Security certifies, and the Government Account-
†
HR 2638 EAS
ability Office reports, to the Committees on Appropriations
of the Senate and the House of Representatives, that all ten
of the conditions contained in paragraphs (1) through (10)
of section 522(a) of Public Law 108–334 (118 Stat. 1319)
have been successfully met.
(b) The report required by subsection (a) shall be sub-
mitted within 90 days after the Secretary provides the req-
uisite certification, and periodically thereafter, if necessary,
until the Government Accountability Office confirms that
all ten conditions have been successfully met.
(c) Within 90 days of enactment of this Act, the Sec-
retary shall submit to the Committees on Appropriations
of the Senate and the House of Representatives a detailed
plan that describes: (1) the dates for achieving key mile-
stones, including the date or timeframes that the Secretary
will certify the program under subsection (a); and (2) the
methodology to be followed to support the Secretary’s certifi-
cation, as required under subsection (a).
(d) During the testing phase permitted by subsection
(a), no information gathered from passengers, foreign or do-
mestic air carriers, or reservation systems may be used to
screen aviation passengers, or delay or deny boarding to
such passengers, except in instances where passenger names
are matched to a Government watch list.
†
HR 2638 EAS
(e) None of the funds provided in this or previous ap-
propriations Acts may be utilized to develop or test algo-
rithms assigning risk to passengers whose names are not
on Government watch lists.
(f) None of the funds provided in this or previous ap-
propriations Acts may be utilized for data or a database
that is obtained from or remains under the control of a non-
Federal entity: Provided, That this restriction shall not
apply to Passenger Name Record data obtained from air
carriers.
SEC. 514. None of the funds made available in this
Act may be used to amend the oath of allegiance required
by section 337 of the Immigration and Nationality Act (8
U.S.C. 1448).
SEC. 515. None of the funds appropriated by this Act
may be used to process or approve a competition under Of-
fice of Management and Budget Circular A–76 for services
provided as of June 1, 2004, by employees (including em-
ployees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Depart-
ment of Homeland Security who are known as of that date
as Immigration Information Officers, Contact Representa-
tives, or Investigative Assistants.
SEC. 516. (a) None of the funds appropriated to the
United States Secret Service by this Act or by previous ap-
†
HR 2638 EAS
propriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary
of Homeland Security: Provided, That the Director of the
United States Secret Service may enter into an agreement
to perform such service on a fully reimbursable basis.
(b) None of the funds appropriated by this or any other
Act to the United States Secret Service shall be made avail-
able for the protection of a Federal official, other than per-
sons granted protection under section 3056(a) of title 18,
United States Code, and the Secretary of Homeland Secu-
rity: Provided, That the Director of the United States Secret
Service may enter into an agreement to perform such pro-
tection on a fully reimbursable basis for protectees not des-
ignated under section 3056(a) of title 18, United States
Code.
SEC. 517. (a) The Secretary of Homeland Security is
directed to research, develop, and procure new technologies
to inspect and screen air cargo carried on passenger air-
craft at the earliest date possible.
(b) Existing checked baggage explosive detection equip-
ment and screeners shall be utilized to screen air cargo car-
ried on passenger aircraft to the greatest extent practicable
at each airport until technologies developed under sub-
section (a) are available.
†
HR 2638 EAS
(c) The Transportation Security Administration shall
report air cargo inspection statistics quarterly to the Com-
mittees on Appropriations of the Senate and the House of
Representatives, by airport and air carrier, within 45 days
after the end of the quarter including any reason for non-
compliance with the second proviso of section 513 of the
Department of Homeland Security Appropriations Act,
2005 (Public Law 108–334, 118 Stat. 1317).
SEC. 518. None of the funds made available in this
Act may be used by any person other than the Privacy Offi-
cer appointed under section 222 of the Homeland Security
Act of 2002 (6 U.S.C. 142) to alter, direct that changes be
made to, delay, or prohibit the transmission to Congress
of any report prepared under paragraph (6) of such section.
SEC. 519. No funding provided by this or previous ap-
propriation Acts shall be available to pay the salary of any
employee serving as a contracting officer’s technical rep-
resentative (COTR), or anyone acting in a similar or like
capacity, who has not received COTR training.
SEC. 520. Except as provided in section 44945 of title
49, United States Code, funds appropriated or transferred
to Transportation Security Administration ‘‘Aviation Se-
curity’’, ‘‘Administration’’ and ‘‘Transportation Security
Support’’ in fiscal years 2004, 2005, 2006, and 2007 that
are recovered or deobligated shall be available only for pro-
†
HR 2638 EAS
curement and installation of explosive detection systems for
air cargo, baggage, and checkpoint screening systems, sub-
ject to notification.
SEC. 521. Section 525(d) of the Department of Home-
land Security Appropriations Act, 2007 (Public Law 109–
295; 120 Stat. 1382) shall apply to fiscal year 2008.
(RESCISSION OF FUNDS)
SEC. 522. From the unobligated balances of funds
transferred to the Department of Homeland Security when
it was created in 2003, excluding mandatory appropria-
tions, $45,000,000 is rescinded, of which $12,000,000 shall
be rescinded from Departmental Operations; $12,000,000
shall be rescinded from the Office of State and Local Gov-
ernment Coordination; and $6,000,000 shall be rescinded
from the Working Capital Fund.
SEC. 523. Any funds appropriated to United States
Coast Guard, ‘‘Acquisition, Construction, and Improve-
ments’’ in fiscal years 2002, 2003, 2004, 2005, and 2006
for the 110–123 foot patrol boat conversion that are recov-
ered, collected, or otherwise received as the result of negotia-
tion, mediation, or litigation, shall be available until ex-
pended for the Replacement Patrol Boat (FRC–B) program.
SEC. 524. The Department of Homeland Security
Working Capital Fund, established, pursuant to section 403
of Public Law 103–356 (31 U.S.C. 501 note), shall continue
operations during fiscal year 2008.
†
HR 2638 EAS
SEC. 525. (a) The Federal Emergency Management
Agency (FEMA) shall submit a quarterly report to the
Committees on Appropriations of the Senate and the House
of Representatives detailing the allocation and obligation
of funds for ‘‘Disaster Relief’’ to include:
(1) status of the Disaster Relief Fund (DRF) in-
cluding obligations, allocations, and amounts undis-
tributed/unallocated;
(2) allocations, obligations, and expenditures for
all open disasters;
(3) information on national flood insurance
claims;
(4) obligations, allocations and expenditures by
State for unemployment, crisis counseling, inspec-
tions, housing assistance, manufactured housing, pub-
lic assistance and individual assistance;
(5) mission assignment obligations by agency,
including:
(A) the amounts reimbursed to other agen-
cies that are in suspense because FEMA has not
yet reviewed and approved the documentation
supporting the expenditure; and
(B) a disclaimer if the amounts of reported
obligations and expenditures do not reflect the
†
HR 2638 EAS
status of such obligations and expenditures from
a government-wide perspective;
(6) the amount of credit card purchases by agen-
cy and mission assignment;
(7) specific reasons for all waivers granted and
a description of each waiver;
(8) a list of all contracts that were awarded on
a sole source or limited competition basis, including
the dollar amount, the purpose of the contract and the
reason for the lack of competitive award; and
(9) an estimate of when available appropriations
will be exhausted, assuming an average disaster sea-
son.
(b) The Secretary of Homeland Security shall at least
quarterly obtain from agencies performing mission assign-
ments each such agency’s actual obligation and expenditure
data and report to the Committees on Appropriations of
the Senate and the House of Representatives.
(c) For any request for reimbursement from a Federal
agency to the Department of Homeland Security to cover
expenditures under the Stafford Act (42 U.S.C. 5121 et
seq.), or any mission assignment orders issued by the De-
partment of Homeland Security for such purposes, the Sec-
retary of Homeland Security shall take appropriate steps
†
HR 2638 EAS
to ensure that each agency is periodically reminded of De-
partment of Homeland Security policies on—
(1) the detailed information required in sup-
porting documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
(d) Notwithstanding section 404 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c), projects relating to Hurricanes Katrina and
Rita for which the non-Federal share of assistance under
that section is funded by amounts appropriated to the Com-
munity Development Fund under chapter 9 of title I of di-
vision B of the Department of Defense, Emergency Supple-
mental Appropriations to Address Hurricanes in the Gulf
of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109–148; 119 Stat. 2779) or chapter 9 of title II of the
Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109–234; 120 Stat. 472) shall not be subject
to any precertification requirements.
SEC. 526. Within 45 days after the close of each month,
the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations
of the Senate and the House of Representatives a monthly
budget and staffing report that includes total obligations,
†
HR 2638 EAS
on-board versus funded full-time equivalent staffing levels,
and the number of contract employees by office.
SEC. 527. Section 532(a) of Public Law 109–295 is
amended by striking ‘‘2007’’ and inserting ‘‘2008’’.
SEC. 528. The Federal Law Enforcement Training
Center instructor staff shall be classified as inherently gov-
ernmental for the purpose of the Federal Activities Inven-
tory Reform Act of 1998 (31 U.S.C. 501 note).
SEC. 529. None of the funds provided in this Act may
be used to alter or reduce operations within the Civil Engi-
neering Program of the Coast Guard nationwide, including
the civil engineering units, facilities, design, and construc-
tion centers, maintenance and logistics command centers,
and the Coast Guard Academy, except as specifically au-
thorized by a statute enacted after the date of enactment
of this Act.
SEC. 530. EXTENSION
OF
THE IMPLEMENTATION
DEADLINE FOR THE WESTERN HEMISPHERE TRAVEL INI-
TIATIVE. Subparagraph (A) of section 7209(b)(1) of the In-
telligence Reform and Terrorism Prevention Act of 2004
(Public Law 108–458; 8 U.S.C. 1185 note) is amended by
striking ‘‘This plan shall be implemented not later than
three months after the Secretary of State and the Secretary
of Homeland Security make the certifications required in
subsection (B), or June 1, 2009, whichever is earlier.’’ and
†
HR 2638 EAS
inserting ‘‘Such plan may not be implemented earlier than
the date that is the later of 3 months after the Secretary
of State and the Secretary of Homeland Security make the
certification required in subparagraph (B) or June 1,
2009.’’.
SEC. 531. Section 550 of the Department of Homeland
Security Appropriations Act, 2007 (6 U.S.C. 121 note) is
amended by adding at the end the following:
‘‘(h) This section shall not preclude or deny any right
of any State or political subdivision thereof to adopt or en-
force any regulation, requirement, or standard of perform-
ance with respect to chemical facility security that is more
stringent than a regulation, requirement, or standard of
performance issued under this section, or otherwise impair
any right or jurisdiction of any State with respect to chem-
ical facilities within that State, unless there is an actual
conflict between this section and the law of that State.’’.
SEC. 532. None of the funds provided in this Act under
the heading ‘‘Office of the Chief Information Officer’’ shall
be used for data center development other than for the Na-
tional Center for Critical Information Processing and Stor-
age until the Chief Information Officer certifies that the Na-
tional Center for Critical Information Processing and Stor-
age is fully utilized as the Department’s primary data stor-
age center at the highest capacity throughout the fiscal year.
†
HR 2638 EAS
SEC. 533. None of the funds in this Act shall be used
to reduce the United States Coast Guard’s Operations Sys-
tems Center mission or its government-employed or contract
staff levels.
SEC. 534. (a) Notwithstanding section 503 of this Act,
up to $25,000,000 from prior year balances currently avail-
able to the Transportation Security Administration may
be transferred to ‘‘Transportation Threat Assessment and
Credentialing’’ for the Secure Flight program.
(b) In carrying out the transfer authority under sub-
section (a), the Transportation Security Administration
shall not utilize any prior year balances from the following
programs: screener partnership program; explosive detec-
tion system purchase; explosive detection system installa-
tion; checkpoint support; aviation regulation and other en-
forcement; air cargo; and air cargo research and develop-
ment: Provided, That any funds proposed to be transferred
under this section shall not be available for obligation until
the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for
expenditure for such funds that is submitted by the Sec-
retary of Homeland Security: Provided further, That the
plan shall be submitted simultaneously to the Government
Accountability Office for review consistent with its ongoing
†
HR 2638 EAS
assessment of the Secure Flight Program as mandated by
section 522(a) of Public Law 108–334 (118 Stat. 1319).
SEC. 535. DISASTER ASSISTANCE FOR SCHOOLS. (a)
DEFINITIONS.—In this section—
(1) the term ‘‘Administrator’’ means the Admin-
istrator of the Federal Emergency Management Agen-
cy;
(2) 
the 
term 
‘‘covered 
assistance’’ 
means
assistance—
(A) provided under section 406 of the Rob-
ert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172);
(B) to be used to—
(i) repair, restore, reconstruct, or re-
place school facilities; or
(ii) replace lost contents of a school;
and
(C) for damage caused by Hurricane
Katrina of 2005 or Hurricane Rita of 2005; and
(3) the term ‘‘local educational agency’’ has the
meaning given that term in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(b) ASSISTANCE TO SCHOOLS.—
†
HR 2638 EAS
(1) IN GENERAL.—A local educational agency
that has applied for covered assistance before the date
of enactment of this Act may request that such assist-
ance (including any eligible costs discovered after the
date of the estimate of eligible costs under section
406(e)(1)(A) of the Robert T. Stafford Disaster Relief
and 
Emergency 
Assistance 
Act 
(42 
U.S.C.
5172(e)(1)(A)) and any cost that was determined to
be an eligible cost after an appeal or review) be pro-
vided in a single payment.
(2) DISBURSEMENT OF ASSISTANCE.—Not later
than 30 days after the date that a local educational
agency makes a request under paragraph (1), the Ad-
ministrator shall provide in a single payment any
covered assistance for any eligible cost that was ap-
proved by the Administrator on or before the date of
that request.
(3) FLOOD
INSURANCE
REDUCTION.—For any
covered assistance provided under paragraph (2), the
Administrator shall make not more than 1 reduction
under section 406(d) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C.
5172(d)) in the amount of assistance provided.
(c) ALTERNATE USE.—For any covered assistance pro-
vided under subsection (b)(2), the amount of that assistance
†
HR 2638 EAS
shall not be reduced under section 406(c)(1) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172(c)(1)).
(d) APPLICABILITY.—This section shall apply to any
covered assistance provided on or after the date of enact-
ment of this Act.
SEC. 536. TECHNICAL CORRECTIONS. (a) IN GEN-
ERAL.—
(1) REDESIGNATIONS.—Chapter 27 of title 18,
United States Code, is amended by redesignating sec-
tion 554 added by section 551(a) of the Department
of Homeland Security Appropriations Act, 2007
(Public Law 109–295; 120 Stat. 1389) (relating to
border tunnels and passages) as section 555.
(2) TABLE OF SECTIONS.—The table of sections
for chapter 27 of title 18, United States Code, is
amended by striking the item relating to section 554,
‘‘Border tunnels and passages’’, and inserting the fol-
lowing:
‘‘555. Border tunnels and passages.’’.
(b) CRIMINAL FORFEITURE.—Section 982(a)(6) of title
18, United States Code, is amended by striking ‘‘554’’ and
inserting ‘‘555’’.
(c) DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.—Section 551(d) of the Department of Home-
land Security Appropriations Act, 2007 (Public Law 109–
†
HR 2638 EAS
295; 120 Stat. 1390) is amended in paragraphs (1) and
(2)(A) by striking ‘‘554’’ and inserting ‘‘555’’.
SEC. 537. SEXUAL ABUSE. Sections 2241, 2242, 2243,
and 2244 of title 18, United States Code, are each amended
by striking ‘‘the Attorney General’’ each place that term ap-
pears and inserting ‘‘the head of any Federal department
or agency’’.
SEC. 538. PLAN FOR THE CONTROL AND MANAGEMENT
OF ARUNDO DONAX. (a) DEFINITIONS.—In this section:
(1) ARUNDO DONAX.—The term ‘‘Arundo donax’’
means a tall perennial reed commonly known as
‘‘Carrizo cane’’, ‘‘Spanish cane’’, ‘‘wild cane’’, and
‘‘giant cane’’.
(2) PLAN.—The term ‘‘plan’’ means the plan for
the control and management of Arundo donax devel-
oped under subsection (b).
(3) RIVER.—The term ‘‘River’’ means the Rio
Grande River.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Homeland Security.
(b) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—The Secretary shall develop a
plan for the control and management of Arundo
donax along the portion of the River that serves as the
†
HR 2638 EAS
international border between the United States and
Mexico.
(2) COMPONENTS.—In developing the plan, the
Secretary shall address—
(A) information derived by the Secretary of
Agriculture and the Secretary of the Interior
from ongoing efforts to identify the most effective
biological, mechanical, and chemical means of
controlling and managing Arundo donax;
(B) 
past 
and 
current 
efforts 
to
understand—
(i) the ecological damages caused by
Arundo donax; and
(ii) the dangers Arundo donax poses to
Federal and local law enforcement;
(C) any international agreements and trea-
ties that need to be completed to allow for the
control and management of Arundo donax on
both sides of the River;
(D) the long-term efforts that the Secretary
considers to be necessary to control and manage
Arundo donax, including the cost estimates for
the implementation of the efforts; and
†
HR 2638 EAS
(E) whether a waiver of applicable Federal
environmental laws (including regulations) is
necessary.
(3) CONSULTATION.—The Secretary shall develop
the plan in consultation with the Secretary of Agri-
culture, the Secretary of the Interior, the Secretary of
State, the Chief of Engineers, and any other Federal
and State agencies that have appropriate expertise re-
garding the control and management of Arundo
donax.
(c) REPORT.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall submit the plan
to—
(1) the Committees on the Judiciary of the Sen-
ate and the House of Representatives; and
(2) the Committees on Appropriations of the
Senate and the House of Representatives.
SEC. 539. REPORTING OF WASTE, FRAUD, AND ABUSE.
Not later than 30 days after the date of enactment of this
Act—
(1) the Secretary of Homeland Security shall es-
tablish and maintain on the homepage of the website
of the Department of Homeland Security, a direct
link to the website of the Office of Inspector General
of the Department of Homeland Security; and
†
HR 2638 EAS
(2) the Inspector General of the Department of
Homeland Security shall establish and maintain on
the homepage of the website of the Office of Inspector
General a direct link for individuals to anonymously
report waste, fraud, or abuse.
SEC. 540. The Secretary of Homeland Security shall
require that all contracts of the Department of Homeland
Security that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
SEC. 541. None of the funds made available to the Of-
fice of the Secretary and Executive Management under this
Act may be expended for any new hires by the Department
of Homeland Security that are not verified through the
basic pilot program required under section 401 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note).
SEC. 542. None of the funds made available in this
Act for U.S. Customs and Border Protection or any agency
or office within the Department of Homeland Security may
be used to prevent an individual from importing a prescrip-
tion drug from Canada if—
(1) such individual is not in the business of im-
porting a prescription drug (within the meaning of
†
HR 2638 EAS
section 801(g) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 381(g))); and
(2) such drug—
(A) complies with sections 501, 502, and
505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 351, 352, and 355); and
(B) is not—
(i) a controlled substance, as defined in
section 102 of the Controlled Substances Act
(21 U.S.C. 802); or
(ii) a biological product, as defined in
section 351 of the Public Health Service Act
(42 U.S.C. 262).
SEC. 543. PROHIBITION ON USE OF FUNDS FOR RULE-
MAKING RELATED TO PETITIONS FOR ALIENS. None of the
funds made available in this Act may be used by the Sec-
retary of Homeland Security or any delegate of the Sec-
retary to issue any rule or regulation which implements
the Notice of Proposed Rulemaking related to Petitions for
Aliens To Perform Temporary Nonagricultural Services or
Labor (H–2B) set out beginning on 70 Federal Register
3984 (January 27, 2005).
SEC. 544. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended
by the Secretary of Homeland Security to remove offenses
†
HR 2638 EAS
from the list of criminal offenses disqualifying individuals
from receiving a Transportation Worker Identification Cre-
dential under section 1572.103 of title 49, Code of Federal
Regulations.
SEC. 545. (a)(1)(A) None of the funds appropriated
or otherwise made available by this Act may be used to
make any payment in connection with a contract awarded
through a congressional initiative unless the contract is
awarded using competitive procedures in accordance with
the requirements of section 303 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253), sec-
tion 2304 of title 10, United States Code, and the Federal
Acquisition Regulation.
(B) Except as provided in paragraph (3), none of the
funds appropriated or otherwise made available by this Act
may be used to make any payment in connection with a
contract awarded through a congressional initiative unless
more than one bid is received for such contract.
(2) Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available
by this Act may be awarded by grant or cooperative agree-
ment through a congressional initiative unless the process
used to award such grant or cooperative agreement uses
competitive procedures to select the grantee or award recipi-
ent. Except as provided in paragraph (3), no such grant
†
HR 2638 EAS
may be awarded unless applications for such grant or coop-
erative agreement are received from two or more applicants
that are not from the same organization and do not share
any financial, fiduciary, or other organizational relation-
ship.
(3)(A) If the Secretary of Homeland Security does not
receive more than one bid for a contract under paragraph
(1)(B) or does not receive more than one application from
unaffiliated applicants for a grant or cooperative agreement
under paragraph (2), the Secretary may waive such bid or
application requirement if the Secretary determines that
the contract, grant, or cooperative agreement is essential to
the mission of the Department of Homeland Security.
(b)(1) Not later than December 31, 2008, the Secretary
of Homeland Security shall submit to Congress a report on
congressional initiatives for which amounts were appro-
priated during fiscal year 2008.
(2) The report submitted under paragraph (1) shall
include with respect to each contract and grant awarded
through a congressional initiative—
(A) the name of the recipient of the funds award-
ed through such contract or grant;
(B) the reason or reasons such recipient was se-
lected for such contract or grant; and
†
HR 2638 EAS
(C) the number of entities that competed for such
contract or grant.
(3) The report submitted under paragraph (1) shall
be made publicly available through the Internet website of
the Department of Homeland Security.
(c) In this section:
(1) The term ‘‘congressional initiative’’ means a
provision of law or a directive contained within a
committee report or joint statement of managers of an
appropriations Act that specifies—
(A) the identity of a person or entity se-
lected to carry out a project, including a defense
system, for which funds are appropriated or oth-
erwise made available by that provision of law
or directive and that was not requested by the
President in a budget submitted to Congress; and
(B) the amount of the funds appropriated
or otherwise made available for such project.
(2) The term ‘‘executive agency’’ has the mean-
ing given such term in section 4 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403).
SEC. 546. BORDER SECURITY REQUIREMENTS FOR
LAND AND MARITIME BORDERS OF THE UNITED STATES.
(a) OPERATIONAL CONTROL OF THE UNITED STATES BOR-
†
HR 2638 EAS
DERS.—The President shall ensure that operational control
of all international land and maritime borders is achieved.
(b) ACHIEVING OPERATIONAL CONTROL.—The Sec-
retary of Homeland Security shall establish and dem-
onstrate operational control of 100 percent of the inter-
national land and maritime borders of the United States,
including the ability to monitor such borders through avail-
able methods and technology.
(1) STAFF ENHANCEMENTS
FOR BORDER PA-
TROL.—The United States Customs and Border Pro-
tection Border Patrol may hire, train, and report for
duty additional full-time agents. These additional
agents shall be deployed along all international bor-
ders.
(2) STRONG BORDER BARRIERS.—The United
States Customs and Border Protection Border Patrol
may:
(A) Install along all international borders
of the United States vehicle barriers;
(B) Install along all international borders
of the United States ground-based radar and
cameras; and
(C) Deploy for use along all international
borders of the United States unmanned aerial ve-
†
HR 2638 EAS
hicles, and the supporting systems for such vehi-
cles;
(c) PRESIDENTIAL PROGRESS REPORT.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, and every 90 days
thereafter, 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) and (2).
(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.
(d) APPROPRIATIONS FOR SECURING LAND AND MARI-
TIME BORDERS OF THE UNITED STATES.—Any funds ap-
propriated under division B of this Act shall be used to
ensure operational control is achieved for all international
land and maritime borders of the United States.
SEC. 547. IMPROVEMENTS TO THE EMPLOYMENT ELI-
GIBILITY VERIFICATION BASIC PILOT PROGRAM. Of the
amounts appropriated for border security and employment
†
HR 2638 EAS
verification improvements under section 1003 of Division
B, $60,000,000 shall be made available to—
(1) ensure that State and local programs have
sufficient access to, and are sufficiently coordinated
with, the Federal Government’s Employment Eligi-
bility Verification System;
(2) ensure that such system has sufficient capac-
ity to timely and accurately—
(A) register employers in States with em-
ployer verification requirements;
(B) respond to inquiries by employers; and
(C) enter into memoranda of understanding
with States to ensure responses to subparagraphs
(A) and (B); and
(3) develop policies and procedures to ensure
protection of the privacy and security of personally
identifiable information and identifiers contained in
the basic pilot program, including appropriate pri-
vacy and security training for State employees;
(4) ensure that the Office for Civil Rights and
Civil Liberties of the Department of Justice has suffi-
cient capacity to conduct audits of the Federal Gov-
ernment’s Employment Eligibility Verification Sys-
tem to assess employer compliance with System re-
†
HR 2638 EAS
quirements, including the applicable Memorandum of
Understanding;
(5) these amounts are designated as an emer-
gency requirement pursuant to section 204 of S. Con.
Res. 21 (110th Congress).
SEC. 548. IN-LIEU CONTRIBUTION. The Administrator
of the Federal Emergency Management Agency shall au-
thorize a large in-lieu contribution under section 406(c)(1)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172(c)(1)) to the Peebles School
in Iberia Parish, Louisiana for damages relating to Hurri-
cane Katrina of 2005 or Hurricane Rita of 2005, notwith-
standing section 406(c)(1)(C) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C.
5172(c)(1)(C)).
SEC. 549. NATIONAL STRATEGY ON CLOSED CIRCUIT
TELEVISION SYSTEMS. (a) IN GENERAL.—Not later than
1 year after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall—
(1) develop a national strategy for the effective
and appropriate use of closed circuit television to pre-
vent and respond to acts of terrorism, which shall
include—
(A) an assessment of how closed circuit tele-
vision and other public surveillance systems can