H. R. 2764—232 
or operation of any system related to the MAX–HR project, or 
any subsequent but related human resources management project, 
until any pending litigation concerning such activities is resolved, 
and any legal claim or appeal by either party has been fully 
resolved. 
SEC. 534. 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 enforce any regula-
tion, requirement, or standard of performance with respect to chem-
ical 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 chemical facilities within that State, unless there is 
an actual conflict between this section and the law of that State.’’. 
SEC. 535. (a) AMENDMENTS RELATING TO THE CIVIL SERVICE 
RETIREMENT SYSTEM.— 
(1) DEFINITIONS.—Section 8331 of title 5, United States 
Code, is amended— 
(A) by striking ‘‘and’’ at the end of paragraph (28), 
by striking the period at the end of the first paragraph 
(29) and inserting a semicolon, by redesignating the second 
paragraph (29) as paragraph (30), and by striking the 
period at the end of paragraph (30) (as so redesignated) 
and inserting ‘‘; and’’; and 
(B) by adding at the end the following: 
‘‘(31) ‘customs and border protection officer’ means an 
employee in the Department of Homeland Security (A) who 
holds a position within the GS–1895 job series (determined 
applying the criteria in effect as of September 1, 2007) or 
any successor position, and (B) whose duties include activities 
relating to the arrival and departure of persons, conveyances, 
and merchandise at ports of entry, including any such employee 
who is transferred directly to a supervisory or administrative 
position in the Department of Homeland Security after per-
forming such duties (as described in subparagraph (B)) in 1 
or more positions (as described in subparagraph (A)) for at 
least 3 years.’’. 
(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.—Section 
8334 of title 5, United States Code, is amended— 
(A) in subsection (a)(1)(A), by striking ‘‘or nuclear mate-
rials courier,’’ and inserting ‘‘nuclear materials courier, or 
customs and border protection officer,’’; and 
(B) in the table contained in subsection (c), by adding 
at the end the following: 
‘‘Customs and border protection officer 
7.5 
After June 29, 2008.’’. 
(3) MANDATORY SEPARATION.—The first sentence of section 
8335(b)(1) of title 5, United States Code, is amended by striking 
‘‘or nuclear materials courier’’ and inserting ‘‘nuclear materials 
courier, or customs and border protection officer’’. 
(4) IMMEDIATE RETIREMENT.—Section 8336 of title 5, United 
States Code, is amended—
H. R. 2764—233 
(A) in subsection (c)(1), by striking ‘‘or nuclear mate-
rials courier’’ and inserting ‘‘nuclear materials courier, or 
customs and border protection officer’’; and 
(B) in subsections (m) and (n), by striking ‘‘or as a 
law enforcement officer,’’ and inserting ‘‘as a law enforce-
ment officer, or as a customs and border protection officer,’’. 
(b) AMENDMENTS
RELATING
TO
THE
FEDERAL
EMPLOYEES’ 
RETIREMENT SYSTEM.— 
(1) DEFINITIONS.—Section 8401 of title 5, United States 
Code, is amended— 
(A) in paragraph (34), by striking ‘‘and’’ at the end; 
(B) in paragraph (35), by striking the period and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(36) the term ‘customs and border protection officer’ means 
an employee in the Department of Homeland Security (A) who 
holds a position within the GS–1895 job series (determined 
applying the criteria in effect as of September 1, 2007) or 
any successor position, and (B) whose duties include activities 
relating to the arrival and departure of persons, conveyances, 
and merchandise at ports of entry, including any such employee 
who is transferred directly to a supervisory or administrative 
position in the Department of Homeland Security after per-
forming such duties (as described in subparagraph (B)) in 1 
or more positions (as described in subparagraph (A)) for at 
least 3 years.’’. 
(2) IMMEDIATE RETIREMENT.—Paragraphs (1) and (2) of sec-
tion 8412(d) of title 5, United States Code, are amended by 
striking ‘‘or nuclear materials courier,’’ and inserting ‘‘nuclear 
materials courier, or customs and border protection officer,’’. 
(3) COMPUTATION OF BASIC ANNUITY.—Section 8415(h)(2) 
of title 5, United States Code, is amended by striking ‘‘or 
air traffic controller.’’ and inserting ‘‘air traffic controller, or 
customs and border protection officer’’. 
(4) DEDUCTIONS FROM PAY.—The table contained in section 
8422(a)(3) of title 5, United States Code, is amended by adding 
at the end the following: 
‘‘Customs and border protection officer 
7.5 
After June 29, 2008.’’. 
(5) GOVERNMENT CONTRIBUTIONS.—Paragraphs (1)(B)(i) and 
(3) of section 8423(a) of title 5, United States Code, are amended 
by inserting ‘‘customs and border protection officers,’’ after 
‘‘nuclear materials couriers,’’ each place it appears. 
(6) MANDATORY SEPARATION.—Section 8425(b)(1) of title 5, 
United States Code, is amended— 
(A) by striking ‘‘or nuclear materials courier who’’ and 
inserting ‘‘nuclear materials courier, or customs and border 
protection officer who’’; and 
(B) by striking ‘‘or nuclear materials courier,’’ and 
inserting ‘‘nuclear materials courier, or customs and border 
protection officer’’. 
(c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.—Section 3307 
of title 5, United States Code, is amended by adding at the end 
the following:
H. R. 2764—234 
‘‘(g) The Secretary of Homeland Security may determine and 
fix the maximum age limit for an original appointment to a position 
as a customs and border protection officer, as defined by section 
8401(36).’’. 
(d) REGULATIONS.—Any regulations necessary to carry out the 
amendments made by this section shall be prescribed by the 
Director of the Office of Personnel Management in consultation 
with the Secretary of Homeland Security. 
(e) EFFECTIVE DATE; TRANSITION RULES.— 
(1) EFFECTIVE DATE.—The amendments made by this sec-
tion shall become effective on the later of June 30, 2008, or 
the first day of the first pay period beginning at least 6 months 
after the date of the enactment of this Act. 
(2) TRANSITION RULES.— 
(A) NONAPPLICABILITY
OF
MANDATORY
SEPARATION 
PROVISIONS
TO
CERTAIN
INDIVIDUALS.—The amendments 
made by subsections (a)(3) and (b)(6), respectively, shall 
not apply to an individual first appointed as a customs 
and border protection officer before the effective date under 
paragraph (1). 
(B) TREATMENT OF PRIOR CBPO SERVICE.— 
(i) GENERAL RULE.—Except as provided in clause 
(ii), nothing in this section or any amendment made 
by this section shall be considered to apply with respect 
to any service performed as a customs and border 
protection officer before the effective date under para-
graph (1). 
(ii) EXCEPTION.—Service described in section 
8331(31) or 8401(36) of title 5, United States Code 
(as amended by this section) rendered before the effec-
tive date under paragraph (1) may be taken into 
account to determine if an individual who is serving 
on or after such effective date then qualifies as a 
customs and border protection officer by virtue of 
holding a supervisory or administrative position in the 
Department of Homeland Security. 
(C) MINIMUM ANNUITY AMOUNT.—The annuity of an 
individual serving as a customs and border protection 
officer on the effective date under paragraph (1) pursuant 
to an appointment made before that date shall, to the 
extent that its computation is based on service rendered 
as a customs and border protection officer on or after 
that date, be at least equal to the amount that would 
be payable— 
(i) to the extent that such service is subject to 
the Civil Service Retirement System, by applying sec-
tion 8339(d) of title 5, United States Code, with respect 
to such service; and 
(ii) to the extent such service is subject to the 
Federal Employees’ Retirement System, by applying 
section 8415(d) of title 5, United States Code, with 
respect to such service. 
(D) RULE OF CONSTRUCTION.—Nothing in the amend-
ment made by subsection (c) shall be considered to apply 
with respect to any appointment made before the effective 
date under paragraph (1). 
(3) ELECTION.—
H. R. 2764—235 
(A) INCUMBENT DEFINED.—For purposes of this para-
graph, the term ‘‘incumbent’’ means an individual who 
is serving as a customs and border protection officer on 
the date of the enactment of this Act. 
(B) NOTICE
REQUIREMENT.—Not later than 30 days 
after the date of the enactment of this Act, the Director 
of the Office of Personnel Management shall take measures 
reasonably designed to ensure that incumbents are notified 
as to their election rights under this paragraph, and the 
effect of making or not making a timely election. 
(C) ELECTION AVAILABLE TO INCUMBENTS.— 
(i) IN GENERAL.—An incumbent may elect, for all 
purposes, either— 
(I) to be treated in accordance with the amend-
ments made by subsection (a) or (b), as applicable; 
or 
(II) to be treated as if subsections (a) and 
(b) had never been enacted. 
Failure to make a timely election under this paragraph 
shall be treated in the same way as an election made 
under subclause (I) on the last day allowable under 
clause (ii). 
(ii) DEADLINE.—An election under this paragraph 
shall not be effective unless it is made at least 14 
days before the effective date under paragraph (1). 
(4) DEFINITION.—For purposes of this subsection, the term 
‘‘customs and border protection officer’’ has the meaning given 
such term by section 8331(31) or 8401(36) of title 5, United 
States Code (as amended by this section). 
(5) EXCLUSION.—Nothing in this section or any amendment 
made by this section shall be considered to afford any election 
or to otherwise apply with respect to any individual who, as 
of the day before the date of the enactment of this Act— 
(A) holds a position within U.S. Customs and Border 
Protection; and 
(B) is considered a law enforcement officer for purposes 
of subchapter III of chapter 83 or chapter 84 of title 5, 
United States Code, by virtue of such position. 
SEC. 536. In fiscal year 2008, none of the funds made available 
in this or any other Act may be used to enforce section 4025(1) 
of Public Law 108–458 unless the Assistant Secretary (Transpor-
tation Security Administration) reverses the determination of July 
19, 2007, that butane lighters are not a significant threat to civil 
aviation security. 
SEC. 537. None of the funds provided in this Act may be 
used to alter or reduce operations within the Civil Engineering 
Program of the Coast Guard nationwide, including the civil 
engineering units, facilities, design and construction centers, 
maintenance and logistics command centers, and the Coast Guard 
Academy, except as specifically authorized by a statute enacted 
after the date of the enactment of this Act. 
SEC. 538. The cumulative amount appropriated in title I of 
this Act for the ‘‘Office of the Secretary and Executive Management’’ 
and the ‘‘Office of the Under Secretary for Management’’ shall 
be reduced by $5,000,000. 
SEC. 539. (a) Except as provided in subsection (b), none of 
the funds appropriated in this Act to the Office of the Secretary
H. R. 2764—236 
and Executive Management, the Office of the Under Secretary 
for Management and the Office of the Chief Financial Officer, 
may be obligated for a grant or contract awarded by a means 
other than full and open competition. 
(b) This section does not apply to obligation of funds for a 
contract awarded— 
(1) by a means that is required by a Federal statute, 
including obligation for a purchase made under a mandated 
preferential program, such as the AbilityOne Program, that 
is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 
46–48c); or 
(2) under the Small Business Act (15 U.S.C. 631 et seq.). 
(c) The Secretary of Homeland Security may waive the applica-
tion of this section to the award of a contract in the period of 
a national emergency determined by the Secretary. 
(d) In addition to the requirements established by this section, 
the Inspector General for the Department of Homeland Security 
shall review departmental contracts awarded through other than 
full and open competition to assess departmental compliance with 
applicable laws and regulations: Provided, That the Inspector Gen-
eral shall review selected contracts awarded during the previous 
fiscal year through other than full and open competition: Provided 
further, That in determining which contracts to review, the 
Inspector General shall consider the cost and complexity of the 
goods and services to be provided under the contract, the criticality 
of the contract to fulfilling Department missions, past performance 
problems on similar contracts or by the selected vendor, complaints 
received about the award process or contractor performance, and 
such other factors as the Inspector General deems relevant: Pro-
vided further, That the Inspector General shall report the results 
of the reviews to the Committees on Appropriations of the Senate 
and the House of Representatives. 
SEC. 540. Section 44940(a)(2) of title 49, United States Code, 
is amended by striking the period in the last sentence of subpara-
graph (A) and the clause (iv) of subparagraph B and adding the 
following, ‘‘except for estimates and additional collections made 
pursuant to the appropriation for Aviation Security in Public Law 
108–334: Provided, That such judicial review shall be pursuant 
to section 46110 of title 49, United States Code: Provided further, 
That such judicial review shall be limited only to additional amounts 
collected by the Secretary before October 1, 2007.’’. 
SEC. 541. None of the funds provided by this or previous appro-
priations Acts shall be used to fund any position designated as 
a Principal Federal Official for any Robert T. Stafford Disaster 
Relief and Emergency Assistance Act declared disasters or emer-
gencies. 
SEC. 542. Section 46301(a) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(6) FAILURE TO COLLECT AIRPORT SECURITY BADGES.— 
Notwithstanding paragraph (1), any employer (other than a 
governmental entity or airport operator) who employs an 
employee to whom an airport security badge or other identifier 
used to obtain access to a secure area of an airport is issued 
before, on, or after the date of enactment of this paragraph 
and who does not collect or make reasonable efforts to collect 
such badge from the employee on the date that the employment 
of the employee is terminated and does not notify the operator
H. R. 2764—237 
of the airport of such termination within 24 hours of the date 
of such termination shall be liable to the Government for a 
civil penalty not to exceed $10,000.’’. 
SEC. 543. None of the funds made available in this Act may 
be used by United States Citizenship and Immigration Services 
to grant an immigration benefit unless the results of background 
checks required by law to be completed prior to the grant of the 
benefit have been received by United States Citizenship and 
Immigration Services, and the results do not preclude the grant 
of the benefit. 
SEC. 544. 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. 545. EXTENSION OF THE IMPLEMENTATION DEADLINE FOR 
THE WESTERN HEMISPHERE TRAVEL INITIATIVE. Subparagraph (A) 
of section 7209(b)(1) of the Intelligence 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 3 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 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 subpara-
graph (B) or June 1, 2009.’’. 
SEC. 546. None of the funds provided in this Act shall be 
available to carry out section 872 of Public Law 107–296. 
SEC. 547. 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 National Center 
for Critical Information Processing and Storage until the Chief 
Information Officer certifies that the National Center for Critical 
Information Processing and Storage is fully utilized, to the max-
imum extent feasible, as the Department’s primary data storage 
center at the highest capacity throughout the fiscal year. 
SEC. 548. None of the funds in this Act shall be used to 
reduce the United States Coast Guard’s Operations Systems Center 
mission or its government-employed or contract staff levels. 
SEC. 549. None of the funds appropriated by this Act may 
be used to conduct, or to implement the results of, a competition 
under Office of Management and Budget Circular A–76 for activities 
performed with respect to the Coast Guard National Vessel Docu-
mentation Center. 
SEC. 550. (a) Notwithstanding section 503 of this Act, up to 
$24,000,000 from prior year balances currently available 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 subsection 
(a), the Transportation Security Administration shall not utilize 
any prior year balances from the following programs: screener part-
nership program; explosives detection system purchase; explosives 
detection system installation; checkpoint support; aviation regula-
tion and other enforcement; air cargo; and air cargo research and
H. R. 2764—238 
development: 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 Secretary of Homeland Security: 
Provided further, That the plan shall be submitted simultaneously 
to the Government Accountability Office for review consistent with 
its ongoing assessment of the Secure Flight Program as mandated 
by section 522(a) of Public Law 108–334 (118 Stat. 1319). 
SEC. 551. RESCISSIONS. (a) The following unobligated balances 
made available pursuant to section 505 of Public Law 109–295 
are rescinded: $2,003,441 from U.S. Customs and Border Protection 
‘‘Salaries and Expenses’’; $9,583,611 from Coast Guard ‘‘Operating 
Expenses’’; $672,230 from ‘‘United States Citizenship and Immigra-
tion Services’’; $2,790,513 from Federal Emergency Management 
Agency ‘‘Management and Administration’’; $127,994 from Federal 
Emergency Management Agency ‘‘Disaster Assistance Direct Loan 
Program Account’’; $5,136,819 from U.S. Immigration and Customs 
Enforcement ‘‘Salaries and Expenses’’; $333,520 from Federal Law 
Enforcement Training Center ‘‘Salaries and Expenses’’; $4,211,376 
from the ‘‘Office of the Secretary and Executive Management’’; 
$443,672 from the ‘‘Office of the Under Secretary for Management’’; 
$380,166 from the ‘‘Office of the Chief Financial Officer’’; $493,106 
from the ‘‘Office of the Chief Information Officer’’; $368,166 from 
Domestic Nuclear Detection Office ‘‘Management and Administra-
tion’’; $45,369 from the ‘‘Office of Health Affairs’’; $32,299 from 
the ‘‘Office of Inspector General’’; $1,994,454 from National Protec-
tion and Programs Directorate ‘‘Management and Administration’’; 
and $216,727 from Science and Technology ‘‘Management and 
Administration’’. 
(b) From the unobligated balances of funds transferred to the 
Department of Homeland Security when it was created in 2003, 
$59,286,537 are rescinded: Provided, That the rescission made 
under this subsection shall not be executed from the following 
programs: Coast Guard Retired Pay; U.S. Immigration and Customs 
Enforcement Violent Crime Reduction Program; Federal Law 
Enforcement Training Center Instructor Salaries; and Federal 
Emergency Management Agency National Security Support. 
(c) 
Of 
the 
amounts 
available 
under 
the 
heading 
‘‘Counterterrorism Fund’’, $8,480,000 are rescinded. 
(d) Of the unobligated balances available in the ‘‘Department 
of Homeland Security, Transportation Security Administration 
Expenses’’ account, $4,500,000 are rescinded. 
SEC. 552. Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall, under the Federal Emergency 
Management Agency Public Assistance Program, provide a single 
payment for any eligible costs for local educational agencies 
impacted by Hurricanes Katrina or Rita within 30 days of such 
request: Provided, That the payment for schools in Louisiana shall 
be submitted to the Louisiana Department of Education, which 
may expend up to 3 percent of those funds for administrative 
costs: Provided further, That the Federal Emergency Management 
Agency shall not reduce assistance in accordance with section 
406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act for local educational agencies impacted by Hurri-
canes Katrina or Rita: Provided further, That nothing in the pre-
vious proviso shall be construed to alter the appeals or review
H. R. 2764—239 
process: Provided further, That section 406(d) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act shall not 
apply to more than one facility on a school site impacted by Hurri-
canes Katrina or Rita. 
SEC. 553. TECHNICAL CORRECTIONS. (a) IN GENERAL.— 
(1) REDESIGNATIONS.—Chapter 27 of title 18, United States 
Code, is amended by redesignating section 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 following: 
‘‘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 COMMIS-
SION.—Section 551(d) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1390) 
is amended in paragraphs (1) and (2)(A) by striking ‘‘554’’ and 
inserting ‘‘555’’. 
SEC. 554. Sections 2241, 2242, 2243, and 2244 of title 18, 
United States Code, are each amended by striking ‘‘the Attorney 
General’’ each place that term appears and inserting ‘‘the head 
of any Federal department or agency’’. 
SEC. 555. Not later than 30 days after the date of enactment 
of this Act— 
(1) the Secretary of Homeland Security shall establish 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 
(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. 556. 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. 557. None of the funds made available to the Office of 
the Secretary and Executive Management under this Act may be 
expended for any new hires by the Department of Homeland Secu-
rity 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. 558. None of the funds made available in this Act for 
U.S. Customs and Border Protection may be used to prevent an 
individual not in the business of importing a prescription drug 
(within the meaning of section 801(g) of the Federal Food, Drug, 
and Cosmetic Act) from importing a prescription drug from Canada 
that complies with the Federal Food, Drug, and Cosmetic Act: 
Provided, That this section shall apply only to individuals trans-
porting on their person a personal-use quantity of the prescription
H. R. 2764—240 
drug, not to exceed a 90-day supply: Provided further, That the 
prescription drug may not be— 
(1) a controlled substance, as defined in section 102 of 
the Controlled Substances Act (21 U.S.C. 802); or 
(2) a biological product, as defined in section 351 of the 
Public Health Service Act (42 U.S.C. 262). 
SEC. 559. None of the funds made available in this Act may 
be used by the Secretary of Homeland Security or any delegate 
of the Secretary 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 Fed. Reg. 3984 (January 27, 2005). 
SEC. 560. Notwithstanding any other provision of law, 
Watsonville Community Hospital, or its successor trust, shall not 
be required to pay the Federal Emergency Management Agency 
additional funds related to DR–845. 
SEC. 561. Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall provide, under the Federal 
Emergency Management Agency Public Assistance Program, the 
relocation costs as estimated by the Federal Emergency Manage-
ment Agency on May 5, 2006, for the Peebles School in Iberia 
Parish, Louisiana, which was damaged by Hurricane Rita in 2005. 
SEC. 562. Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall provide, under the Federal 
Emergency Management Agency Public Assistance Program, the 
currently uncompensated debris removal costs from Super Typhoon 
Paka and the firefighting costs associated with the Malojloj hardfill 
fire in 1998. 
SEC. 563. SECURE HANDLING OF AMMONIUM NITRATE.—(a) IN 
GENERAL.—Title VIII of the Homeland Security 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 ‘ammonium nitrate’ 
means— 
‘‘(A) solid ammonium nitrate that is chiefly the ammo-
nium 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). 
‘‘(2) AMMONIUM NITRATE FACILITY.—The term ‘ammonium 
nitrate facility’ means any entity that produces, sells or other-
wise transfers ownership of, or provides application services 
for ammonium nitrate. 
‘‘(3) AMMONIUM
NITRATE
PURCHASER.—The term ‘ammo-
nium nitrate purchaser’ means any person who purchases 
ammonium nitrate from an ammonium nitrate facility.
H. R. 2764—241 
‘‘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 NITRATE FACILI-
TIES.— 
‘‘(1) REGISTRATION.—The Secretary shall establish 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 reg-
istration 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 number 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 Secretary may deter-
mine is appropriate. 
‘‘(d) REGISTRATION OF AMMONIUM NITRATE PURCHASERS.— 
‘‘(1) REGISTRATION.—The Secretary shall establish a process 
by which any person that— 
‘‘(A) intends to be an ammonium nitrate purchaser 
is required to register with the Department; and 
‘‘(B) registers under subparagraph (A) is issued a reg-
istration number for purposes of this subtitle. 
‘‘(2) REGISTRATION INFORMATION.—Any person applying to 
register under paragraph (1) as an ammonium nitrate pur-
chaser shall submit to the Secretary— 
‘‘(A) the name, address, and telephone number of the 
applicant; and 
‘‘(B) the intended use of ammonium nitrate to be pur-
chased by the applicant. 
‘‘(e) RECORDS.— 
‘‘(1) MAINTENANCE OF RECORDS.—The owner of an ammo-
nium nitrate facility shall— 
‘‘(A) maintain a record of each sale or transfer of ammo-
nium 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 subsection (c) or (d) of
H. R. 2764—242 
each person that purchases ammonium nitrate, in a 
manner prescribed by the Secretary; 
‘‘(B) if applicable, record the name, address, and tele-
phone number of an agent acting on behalf of the person 
described in subparagraph (A), at the point of sale; 
‘‘(C) record the date and quantity of ammonium nitrate 
sold or transferred; and 
‘‘(D) verify the identity of the persons described in 
subparagraphs (A) and (B), as applicable, in accordance 
with a procedure established by the Secretary. 
‘‘(3) PROTECTION OF INFORMATION.—In maintaining records 
in accordance with paragraph (1), the owner of an ammonium 
nitrate facility shall take reasonable actions to ensure the 
protection of the information included in such records. 
‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.—The Secretary may 
exempt from this subtitle a person producing, selling, or purchasing 
ammonium nitrate exclusively for use in the production of an explo-
sive under a license or permit issued under chapter 40 of title 
18, United States Code. 
‘‘(g) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with the Secretary of Agriculture, States, and appro-
priate private sector entities, to ensure that the access of agricul-
tural producers to ammonium nitrate 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 informa-
tion obtained under this subtitle. 
‘‘(2) EXCEPTION.—The Secretary may disclose any informa-
tion 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 contract 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 appro-
priate arrangements to ensure the protection of the 
information. 
‘‘(i) REGISTRATION PROCEDURES
AND CHECK
OF TERRORIST 
SCREENING DATABASE.— 
‘‘(1) REGISTRATION PROCEDURES.— 
‘‘(A) GENERALLY.—The Secretary shall establish proce-
dures to efficiently receive applications for registration 
numbers under this subtitle, conduct the checks required 
under paragraph (2), and promptly issue or deny a registra-
tion number. 
‘‘(B) INITIAL
SIX-MONTH
REGISTRATION
PERIOD.—The 
Secretary shall take steps to maximize the number of reg-
istration applications that are submitted and processed 
during the six-month period described in section 899F(e). 
‘‘(2) CHECK OF TERRORIST SCREENING DATABASE.— 
‘‘(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 Department.
H. R. 2764—243 
‘‘(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 terrorist 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, 
unless the Secretary determines, in the interest of national 
security, that additional time is necessary 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 application of that person not later than 72 hours 
after the time the Secretary receives a complete registration 
application. 
‘‘(4) EXPEDITED APPEALS PROCESS.— 
‘‘(A) REQUIREMENT.— 
‘‘(i) APPEALS PROCESS.—The Secretary shall estab-
lish an expedited appeals process for persons denied 
a registration number under this subtitle. 
‘‘(ii) TIME PERIOD FOR RESOLUTION.—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 additional time is 
necessary to resolve an appeal. 
‘‘(B) CONSULTATION.—The Secretary, in developing the 
appeals process under subparagraph (A), shall consult with 
appropriate stakeholders. 
‘‘(C) GUIDANCE.—The Secretary shall provide guidance 
regarding the procedures and information required for an 
appeal under subparagraph (A) to any person denied a 
registration number under this subtitle. 
‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMA-
TION.— 
‘‘(A) 
IN
GENERAL.—Any 
information 
constituting 
grounds for denial of a registration number under this 
section shall be maintained confidentially by the Secretary 
and may be used only for making determinations under 
this section. 
‘‘(B) SHARING OF INFORMATION.—Notwithstanding 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 INFORMATION.—The Sec-
retary may require a person applying for a registration 
number under this subtitle to submit such information 
as may be necessary to carry out the requirements of 
this section.
H. R. 2764—244 
‘‘(B) REQUIREMENT TO UPDATE INFORMATION.—The Sec-
retary may require persons issued a registration under 
this subtitle to update registration information submitted 
to the Secretary under this subtitle, as appropriate. 
‘‘(7) RE-CHECKS AGAINST TERRORIST SCREENING DATABASE.— 
‘‘(A) RE-CHECKS.—The Secretary shall, as appropriate, 
recheck persons provided a registration number pursuant 
to this subtitle against the terrorist screening database 
of the Department, and may revoke such registration 
number if the Secretary determines such person may pose 
a threat to national security. 
‘‘(B) NOTICE OF REVOCATION.—The Secretary shall, as 
appropriate, provide prior notice to a person whose registra-
tion number is revoked under this section and such person 
shall have an opportunity to appeal, as provided in para-
graph (4). 
‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS. 
‘‘The Secretary shall establish a process for the periodic inspec-
tion 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 Sec-
retary of Agriculture, or the head of any State department 
of agriculture or its designee involved in agricultural regulation, 
in consultation with the State agency responsible for homeland 
security, to carry out the provisions of this subtitle; and 
‘‘(2) wherever possible, shall seek to cooperate with State 
agencies or their designees that oversee ammonium nitrate 
facility operations when seeking cooperative 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 satisfac-
torily carrying out such functions. 
‘‘(3) FUNDING.—Subject to the availability of appropriations, 
if the Secretary delegates functions to a State under this sub-
section, the Secretary shall provide to that State sufficient 
funds to carry out the delegated functions. 
‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MATERIALS TO 
AMMONIUM NITRATE FACILITIES.— 
‘‘(1) GUIDANCE.—The Secretary shall make available to 
each owner of an ammonium nitrate facility registered under 
section 899B(c)(1) guidance on— 
‘‘(A) the identification of suspicious ammonium 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
H. R. 2764—245 
a purchase or transfer or attempted purchase or transfer, 
including— 
‘‘(i) exercising the right of the owner of the ammo-
nium nitrate facility to decline sale of ammonium 
nitrate; and 
‘‘(ii) notifying appropriate law enforcement entities; 
and 
‘‘(C) additional subjects determined appropriate to pre-
vent the misappropriation or use of ammonium nitrate 
in an act of terrorism. 
‘‘(2) USE OF MATERIALS AND PROGRAMS.—In providing guid-
ance under this subsection, the Secretary 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 ammo-
nium nitrate is sold. 
‘‘(B) DESIGN OF MATERIALS.—Materials made available 
under subparagraph (A) shall be designed to notify prospec-
tive 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 appro-
priate. 
‘‘SEC. 899F. PROHIBITIONS AND PENALTY. 
‘‘(a) PROHIBITIONS.— 
‘‘(1) TAKING POSSESSION.—No person shall purchase ammo-
nium 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. 
‘‘(2) TRANSFERRING POSSESSION.—An owner of an ammo-
nium nitrate facility shall not transfer possession of ammonium 
nitrate from the ammonium nitrate facility to any ammonium 
nitrate purchaser who is not registered under subsection (c) 
or (d) of section 899B, or to any agent acting on behalf of 
an ammonium nitrate purchaser when such purchaser is not 
registered under subsection (c) or (d) of section 899B. 
‘‘(3) OTHER PROHIBITIONS.—No person shall— 
‘‘(A) purchase ammonium nitrate without a registration 
number required under subsection (c) or (d) of section 899B; 
‘‘(B) own or operate an ammonium nitrate facility with-
out a registration number required under section 899B(c); 
or 
‘‘(C) fail to comply with any requirement or violate 
any other prohibition under this subtitle.
H. R. 2764—246 
‘‘(b) CIVIL PENALTY.—A person that violates this subtitle 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 violation; 
‘‘(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 likely to have on the ability 
of such person to do business; and 
‘‘(3) any other matter that the Secretary determines that 
justice requires. 
‘‘(d) NOTICE AND OPPORTUNITY FOR A HEARING.—No civil pen-
alty 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 incorporated city of residence of that 
person. 
‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Paragraphs (1) 
and (2) of subsection (a) shall apply on and after the date that 
is 6 months after the date that the Secretary issues a final rule 
implementing this subtitle. 
‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY. 
‘‘(a) IN GENERAL.—Notwithstanding any other provision 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 Department or to appropriate law enforce-
ment authorities an actual or attempted purchase or transfer of 
ammonium nitrate, based upon a reasonable belief that the person 
seeking purchase or transfer of ammonium nitrate may use the 
ammonium 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 subsection (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 provided in sec-
tion 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 subtitle pre-
empts the laws of any State to the extent that such laws are 
inconsistent with this subtitle, except that this subtitle shall not 
preempt any State law that provides additional protection against 
the acquisition of ammonium nitrate by terrorists or the use of 
ammonium nitrate in explosives in acts of terrorism or for other 
illicit purposes, as determined by the Secretary. 
‘‘SEC. 899I. DEADLINES FOR REGULATIONS. 
‘‘The Secretary—
H. R. 2764—247 
‘‘(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. 564. IMPROVEMENT OF BARRIERS AT BORDER. (a) Section 
102 of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1103 note) is amended— 
(1) in subsection (a), by striking ‘‘Attorney General, in 
consultation with the Commissioner of Immigration and Natu-
ralization,’’ and inserting ‘‘Secretary 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) in paragraph (1)— 
(i) in the heading, by striking ‘‘SECURITY
FEA-
TURES’’ 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 effective and provide for the installation of additional 
physical barriers, roads, lighting, cameras, 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, or other mileage deter-
mined by the Secretary, whose authority to determine 
other mileage shall expire on December 31, 2008, along 
the southwest border where fencing would be most 
practical and effective in deterring smugglers and 
aliens attempting to gain illegal entry into the United 
States; and
H. R. 2764—248 
‘‘(ii) not later than December 31, 2008, complete 
construction of reinforced fencing along the miles 
identified under clause (i). 
‘‘(C) CONSULTATION.— 
‘‘(i) IN GENERAL.—In carrying out this section, the 
Secretary of Homeland Security shall consult with the 
Secretary of the 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 constructed. 
‘‘(ii) SAVINGS PROVISION.—Nothing in this subpara-
graph may be construed to— 
‘‘(I) create or negate any right of action for 
a State, local government, or other person or entity 
affected by this subsection; or 
‘‘(II) affect the eminent domain laws of the 
United States or of any State. 
‘‘(D) LIMITATION ON REQUIREMENTS.—Notwithstanding 
subparagraph (A), nothing in this paragraph shall require 
the Secretary of Homeland Security to install fencing, phys-
ical barriers, roads, lighting, cameras, and sensors in a 
particular location along an international border of the 
United States, if the Secretary determines that the use 
or placement of such resources is not the most appropriate 
means to achieve and maintain operational control over 
the international border at such location.’’; and 
(C) in paragraph (4), by striking ‘‘to carry out this 
subsection not to exceed $12,000,000’’ and inserting ‘‘such 
sums as may be necessary to carry out this subsection’’. 
(b) No funds appropriated in this Act for U.S. Customs and 
Border Protection ‘‘Border Security Fencing, Infrastructure, and 
Technology’’ may be obligated unless the Secretary of Homeland 
Security has complied with section 102(b)(2)(C)(i) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1103 note) as amended by subsection (a)(2). 
SEC. 565. INTERNATIONAL REGISTERED TRAVELER PROGRAM. Sec-
tion 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 Homeland Security 
shall establish an international registered traveler program 
that incorporates available technologies, such as biometrics 
and e-passports, and security threat assessments to expe-
dite the screening and processing of international travelers, 
including United States Citizens and residents, who enter 
and exit the United States. The program shall be coordi-
nated with the United States Visitor and Immigrant Status 
Indicator Technology program, other pre-screening initia-
tives, and the Visa Waiver Program. 
‘‘(B) FEES.—The Secretary may impose a fee for the 
program established under subparagraph (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 Security for
H. R. 2764—249 
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 Secretary shall initiate 
a rulemaking to establish the program, criteria for partici-
pation, and the fee for the program. 
‘‘(D) IMPLEMENTATION.—Not later than 2 years after 
the date of enactment of this paragraph, the Secretary 
shall establish a phased-implementation of a biometric- 
based international registered traveler program in conjunc-
tion with the United States Visitor and Immigrant Status 
Indicator Technology entry and exit system, other pre- 
screening initiatives, and the Visa Waiver Program at 
United States airports with the highest volume of inter-
national travelers. 
‘‘(E) PARTICIPATION.—The Secretary shall ensure that 
the international registered traveler program includes as 
many participants as practicable by— 
‘‘(i) establishing a reasonable cost of enrollment; 
‘‘(ii) making program enrollment convenient and 
easily accessible; and 
‘‘(iii) providing applicants with clear and consistent 
eligibility guidelines.’’. 
SEC. 566. SHARED BORDER MANAGEMENT. (a) STUDY.—The 
Comptroller General of the United States shall conduct a study 
on the Department of Homeland Security’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. 567. None of the funds made available in this Act may 
be used for planning, testing, piloting, or developing a national 
identification card. 
SEC. 568. TRANSPORTATION SECURITY ADMINISTRATION ACQUISI-
TION MANAGEMENT POLICY. (a) IN GENERAL.—Section 114 of title 
49, United States Code, is amended by striking subsection (o) and 
redesignating subsections (p) through (t) as subsections (o) through 
(s), respectively. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect 180 days after the date of enactment of this 
Act. 
SEC. 569. (a) 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 Govern-
mental Affairs of the Senate, the Committee on Homeland Security 
of the House of Representatives, the Committee on Transportation 
and Infrastructure of the House of Representatives, the Committees 
on Appropriations of the Senate and the House of Representatives, 
and publish on the website of the Federal Emergency Management 
Agency, a report regarding that decision, which shall summarize
H. R. 2764—250 
damage assessment information used to determine whether to 
declare a major disaster. 
(b) The Administrator may redact from a report under sub-
section (a) any data that the Administrator determines would com-
promise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Administrator of 
the Federal Emergency Management Agency; and 
(2) the term ‘‘major disaster’’ has the meaning given that 
term in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122). 
SEC. 570. If the Secretary of Homeland Security establishes 
a National Transportation Security Center of Excellence to conduct 
research and education activities, and to develop or provide profes-
sional security training, including the training of transportation 
employees and transportation professionals, the Mineta Transpor-
tation Institute at San Jose State University may be included 
as a member institution of such Center. 
SEC. 571. Effective no later than ninety days after the date 
of enactment of this Act, the Transportation Security Administra-
tion shall permit approved members of Registered Traveler pro-
grams to satisfy fully the required identity verification procedures 
at security screening checkpoints by presenting a biometrically- 
secure Registered Traveler card in lieu of the government-issued 
photo identification document required of non-participants: Pro-
vided, That if their identity is not confirmed biometrically, the 
standard identity and screening procedures will apply: Provided 
further, That if the Assistant Secretary (Transportation Security 
Administration) determines this is a threat to civil aviation, then 
the Assistant Secretary (Transportation Security Administration) 
shall notify the Committees on Appropriations of the Senate and 
House of Representatives five days in advance of such determination 
and require Registered Travelers to present government-issued 
photo identification documents in conjunction with a biometrically- 
secure Registered Traveler card. 
SEC. 572. Section 831(a) of the Homeland Security Act of 2002 
(6 U.S.C. 391(a)) is amended by striking ‘‘During the 5-year period 
following the effective date of this Act’’ and inserting ‘‘Until Sep-
tember 30, 2008’’. 
SEC. 573. (a) RESCISSION.—Of amounts previously made avail-
able from the Federal Emergency Management Agency ‘‘Disaster 
Relief’’ to the State of Mississippi pursuant to section 404 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170c) for Hurricane Katrina, $20,000,000 are rescinded. 
(b) APPROPRIATION.—For Federal Emergency Management 
Agency ‘‘State and Local Programs’’, there is appropriated an addi-
tional $20,000,000, to remain available until expended, for a grant 
to the State of Mississippi for an interoperable communications 
system required in the aftermath of Hurricane Katrina: Provided, 
That this entire amount is designated as described in section 5 
(in the matter preceding division A of this consolidated Act).