570 
‘‘(1) REGISTRATION.—The Secretary shall estab-
lish a process by which any person that— 
‘‘(A) owns an ammonium nitrate facility is 
required to register with the Department; and 
‘‘(B) registers under subparagraph (A) is 
issued a registration number for purposes of this 
subtitle. 
‘‘(2) REGISTRATION INFORMATION.—Any person 
applying to register under paragraph (1) shall submit 
to the Secretary— 
‘‘(A) the name, address, and telephone num-
ber of each ammonium nitrate facility owned by 
that person; 
‘‘(B) the name of the person designated by 
that person as the point of contact for each such 
facility, for purposes of this subtitle; and 
‘‘(C) such other information as the Sec-
retary may determine is appropriate. 
‘‘(d) REGISTRATION
OF AMMONIUM NITRATE PUR-
CHASERS.— 
‘‘(1) REGISTRATION.—The Secretary shall estab-
lish a process by which any person that— 
‘‘(A) intends to be an ammonium nitrate 
purchaser is required to register with the De-
partment; and
571 
‘‘(B) registers under subparagraph (A) is 
issued a registration number for purposes of this 
subtitle. 
‘‘(2) REGISTRATION INFORMATION.—Any person 
applying to register under paragraph (1) as an am-
monium nitrate purchaser shall submit to the Sec-
retary— 
‘‘(A) the name, address, and telephone num-
ber of the applicant; and 
‘‘(B) the intended use of ammonium nitrate 
to be purchased by the applicant. 
‘‘(e) RECORDS.— 
‘‘(1) MAINTENANCE OF RECORDS.—The owner of 
an ammonium nitrate facility shall— 
‘‘(A) maintain a record of each sale or 
transfer of ammonium nitrate, during the two- 
year period beginning on the date of that sale or 
transfer; and 
‘‘(B) include in such record the information 
described in paragraph (2). 
‘‘(2) SPECIFIC
INFORMATION
REQUIRED.—For 
each sale or transfer of ammonium nitrate, the owner 
of an ammonium nitrate facility shall— 
‘‘(A) record the name, address, telephone 
number, and registration number issued under
572 
subsection (c) or (d) of each person that pur-
chases ammonium nitrate, in a manner pre-
scribed by the Secretary; 
‘‘(B) if applicable, record the name, address, 
and telephone number of an agent acting on be-
half of the person described in subparagraph (A), 
at the point of sale; 
‘‘(C) record the date and quantity of ammo-
nium nitrate sold or transferred; and 
‘‘(D) verify the identity of the persons de-
scribed in subparagraphs (A) and (B), as appli-
cable, in accordance with a procedure established 
by the Secretary. 
‘‘(3) PROTECTION OF INFORMATION.—In main-
taining records in accordance with paragraph (1), the 
owner of an ammonium nitrate facility shall take 
reasonable actions to ensure the protection of the in-
formation included in such records. 
‘‘(f) EXEMPTION
FOR EXPLOSIVE PURPOSES.—The 
Secretary may exempt from this subtitle a person pro-
ducing, selling, or purchasing ammonium nitrate exclu-
sively for use in the production of an explosive under a li-
cense or permit issued under chapter 40 of title 18, United 
States Code.
573 
‘‘(g) CONSULTATION.—In carrying out this section, the 
Secretary shall consult with the Secretary of Agriculture, 
States, and appropriate private sector entities, to ensure 
that the access of agricultural producers to ammonium ni-
trate is not unduly burdened. 
‘‘(h) DATA CONFIDENTIALITY.— 
‘‘(1) IN GENERAL.—Notwithstanding section 552 
of title 5, United States Code, or the USA PATRIOT 
ACT (Public Law 107–56; 115 Stat. 272), and except 
as provided in paragraph (2), the Secretary may not 
disclose to any person any information obtained 
under this subtitle. 
‘‘(2) EXCEPTION.—The Secretary may disclose 
any information obtained by the Secretary under this 
subtitle to— 
‘‘(A) an officer or employee of the United 
States, or a person that has entered into a con-
tract with the United States, who has a need to 
know the information to perform the duties of 
the officer, employee, or person; or 
‘‘(B) to a State agency under section 899D, 
under appropriate arrangements to ensure the 
protection of the information. 
‘‘(i) REGISTRATION PROCEDURES
AND CHECK
OF 
TERRORIST SCREENING DATABASE.—
574 
‘‘(1) REGISTRATION PROCEDURES.— 
‘‘(A) GENERALLY.—The Secretary shall es-
tablish procedures to efficiently receive applica-
tions for registration numbers under this sub-
title, conduct the checks required under para-
graph (2), and promptly issue or deny a reg-
istration number. 
‘‘(B) INITIAL SIX-MONTH REGISTRATION PE-
RIOD.—The Secretary shall take steps to maxi-
mize the number of registration applications that 
are submitted and processed during the six- 
month period described in section 899F(e). 
‘‘(2) CHECK OF TERRORIST SCREENING DATA-
BASE.— 
‘‘(A) CHECK
REQUIRED.—The Secretary 
shall conduct a check of appropriate identifying 
information of any person seeking to register 
with the Department under subsection (c) or (d) 
against identifying information that appears in 
the terrorist screening database of the Depart-
ment. 
‘‘(B) AUTHORITY TO DENY REGISTRATION 
NUMBER.—If the identifying information of a 
person seeking to register with the Department 
under subsection (c) or (d) appears in the ter-
575 
rorist screening database of the Department, the 
Secretary may deny issuance of a registration 
number under this subtitle. 
‘‘(3) EXPEDITED REVIEW OF APPLICATIONS.— 
‘‘(A) IN
GENERAL.—Following the six- 
month period described in section 899F(e), the 
Secretary shall, to the extent practicable, issue or 
deny registration numbers under this subtitle not 
later than 72 hours after the time the Secretary 
receives a complete registration application, un-
less the Secretary determines, in the interest of 
national security, that additional time is nec-
essary to review an application. 
‘‘(B) NOTICE OF APPLICATION STATUS.—In 
all cases, the Secretary shall notify a person 
seeking to register with the Department under 
subsection (c) or (d) of the status of the applica-
tion of that person not later than 72 hours after 
the time the Secretary receives a complete reg-
istration application. 
‘‘(4) EXPEDITED APPEALS PROCESS.— 
‘‘(A) REQUIREMENT.— 
‘‘(i) APPEALS
PROCESS.—The Sec-
retary shall establish an expedited appeals
576 
process for persons denied a registration 
number under this subtitle. 
‘‘(ii) TIME
PERIOD
FOR
RESOLU-
TION.—The Secretary shall, to the extent 
practicable, resolve appeals not later than 
72 hours after receiving a complete request 
for appeal unless the Secretary determines, 
in the interest of national security, that ad-
ditional time is necessary to resolve an ap-
peal. 
‘‘(B) CONSULTATION.—The Secretary, in 
developing the appeals process under subpara-
graph (A), shall consult with appropriate stake-
holders. 
‘‘(C) GUIDANCE.—The Secretary shall pro-
vide guidance regarding the procedures and in-
formation required for an appeal under subpara-
graph (A) to any person denied a registration 
number under this subtitle. 
‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE 
OF INFORMATION.— 
‘‘(A) IN GENERAL.—Any information con-
stituting grounds for denial of a registration 
number under this section shall be maintained 
confidentially by the Secretary and may be used
577 
only for making determinations under this sec-
tion. 
‘‘(B) SHARING OF INFORMATION.—Notwith-
standing any other provision of this subtitle, the 
Secretary may share any such information with 
Federal, State, local, and tribal law enforcement 
agencies, as appropriate. 
‘‘(6) REGISTRATION INFORMATION.— 
‘‘(A) AUTHORITY
TO
REQUIRE
INFORMA-
TION.—The Secretary may require a person ap-
plying for a registration number under this sub-
title to submit such information as may be nec-
essary to carry out the requirements of this sec-
tion. 
‘‘(B) REQUIREMENT TO UPDATE INFORMA-
TION.—The Secretary may require persons issued 
a registration under this subtitle to update reg-
istration information submitted to the Secretary 
under this subtitle, as appropriate. 
‘‘(7) RE-CHECKS AGAINST TERRORIST SCREEN-
ING DATABASE.— 
‘‘(A) RE-CHECKS.—The Secretary shall, as 
appropriate, recheck persons provided a registra-
tion number pursuant to this subtitle against the 
terrorist screening database of the Department,
578 
and may revoke such registration number if the 
Secretary determines such person may pose a 
threat to national security. 
‘‘(B) NOTICE
OF
REVOCATION.—The Sec-
retary shall, as appropriate, provide prior notice 
to a person whose registration number is revoked 
under this section and such person shall have an 
opportunity to appeal, as provided in paragraph 
(4). 
‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS. 
‘‘The Secretary shall establish a process for the peri-
odic inspection and auditing of the records maintained by 
owners of ammonium nitrate facilities for the purpose of 
monitoring compliance with this subtitle or for the purpose 
of deterring or preventing the misappropriation or use of 
ammonium nitrate in an act of terrorism. 
‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS. 
‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary— 
‘‘(1) may enter into a cooperative agreement 
with the Secretary of Agriculture, or the head of any 
State department of agriculture or its designee in-
volved in agricultural regulation, in consultation 
with the State agency responsible for homeland secu-
rity, to carry out the provisions of this subtitle; and
579 
‘‘(2) wherever possible, shall seek to cooperate 
with State agencies or their designees that oversee am-
monium nitrate facility operations when seeking co-
operative agreements to implement the registration 
and enforcement provisions of this subtitle. 
‘‘(b) DELEGATION.— 
‘‘(1) AUTHORITY.—The Secretary may delegate 
to a State the authority to assist the Secretary in the 
administration and enforcement of this subtitle. 
‘‘(2) DELEGATION REQUIRED.—At the request of 
a Governor of a State, the Secretary shall delegate to 
that State the authority to carry out functions under 
sections 899B and 899C, if the Secretary determines 
that the State is capable of satisfactorily carrying out 
such functions. 
‘‘(3) FUNDING.—Subject to the availability of 
appropriations, if the Secretary delegates functions to 
a State under this subsection, the Secretary shall pro-
vide to that State sufficient funds to carry out the 
delegated functions. 
‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MA-
TERIALS TO AMMONIUM NITRATE FACILITIES.— 
‘‘(1) GUIDANCE.—The Secretary shall make 
available to each owner of an ammonium nitrate fa-
580 
cility registered under section 899B(c)(1) guidance 
on— 
‘‘(A) the identification of suspicious ammo-
nium nitrate purchases or transfers or attempted 
purchases or transfers; 
‘‘(B) the appropriate course of action to be 
taken by the ammonium nitrate facility owner 
with respect to such a purchase or transfer or at-
tempted purchase or transfer, including— 
‘‘(i) exercising the right of the owner of 
the ammonium nitrate facility to decline 
sale of ammonium nitrate; and 
‘‘(ii) notifying appropriate law en-
forcement entities; and 
‘‘(C) additional subjects determined appro-
priate to prevent the misappropriation or use of 
ammonium nitrate in an act of terrorism. 
‘‘(2) USE OF MATERIALS AND PROGRAMS.—In 
providing guidance under this subsection, the Sec-
retary shall, to the extent practicable, leverage any 
relevant materials and programs. 
‘‘(3) NOTIFICATION MATERIALS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make available materials suitable for posting at 
locations where ammonium nitrate is sold.
581 
‘‘(B) DESIGN
OF
MATERIALS.—Materials 
made available under subparagraph (A) shall be 
designed to notify prospective ammonium nitrate 
purchasers of— 
‘‘(i) the record-keeping requirements 
under section 899B; and 
‘‘(ii) the penalties for violating such 
requirements. 
‘‘SEC. 899E. THEFT REPORTING REQUIREMENT. 
‘‘Any person who is required to comply with section 
899B(e) who has knowledge of the theft or unexplained loss 
of ammonium nitrate shall report such theft or loss to the 
appropriate Federal law enforcement authorities not later 
than 1 calendar day of the date on which the person becomes 
aware of such theft or loss. Upon receipt of such report, 
the relevant Federal authorities shall inform State, local, 
and tribal law enforcement entities, as appropriate. 
‘‘SEC. 899F. PROHIBITIONS AND PENALTY. 
‘‘(a) PROHIBITIONS.— 
‘‘(1) TAKING POSSESSION.—No person shall pur-
chase ammonium nitrate from an ammonium nitrate 
facility unless such person is registered under sub-
section (c) or (d) of section 899B, or is an agent of 
a person registered under subsection (c) or (d) of that 
section.
582 
‘‘(2) TRANSFERRING POSSESSION.—An owner of 
an ammonium nitrate facility shall not transfer pos-
session of ammonium nitrate from the ammonium ni-
trate facility to any 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 without a registration number required 
under section 899B(c); or 
‘‘(C) fail to comply with any requirement 
or violate any other prohibition under this sub-
title. 
‘‘(b) CIVIL PENALTY.—A person that violates this sub-
title may be assessed a civil penalty by the Secretary of 
not more than $50,000 per violation. 
‘‘(c) PENALTY CONSIDERATIONS.—In determining the 
amount of a civil penalty under this section, the Secretary 
shall consider—
583 
‘‘(1) the nature and circumstances of the viola-
tion; 
‘‘(2) with respect to the person who commits the 
violation, any history of prior violations, the ability 
to pay the penalty, and any effect the penalty is like-
ly to have on the ability of such person to do business; 
and 
‘‘(3) any other matter that the Secretary deter-
mines that justice requires. 
‘‘(d) NOTICE AND OPPORTUNITY FOR A HEARING.— 
No civil penalty may be assessed under this subtitle unless 
the person liable for the penalty has been given notice and 
an opportunity for a hearing on the violation for which 
the penalty is to be assessed in the county, parish, or incor-
porated city of residence of that person. 
‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Para-
graphs (1) and (2) of subsection (a) shall apply on and 
after the date that is 6 months after the date that the Sec-
retary issues a final rule implementing this subtitle. 
‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, an owner of an ammonium nitrate facility that 
in good faith refuses to sell or transfer ammonium nitrate 
to any person, or that in good faith discloses to the Depart-
ment or to appropriate law enforcement authorities an ac-
584 
tual or attempted purchase or transfer of ammonium ni-
trate, based upon a reasonable belief that the person seeking 
purchase or transfer of ammonium nitrate may use the am-
monium nitrate to create an explosive device to be employed 
in an act of terrorism (as defined in section 3077 of title 
18, United States Code), or to use ammonium nitrate for 
any other unlawful purpose, shall not be liable in any civil 
action relating to that refusal to sell ammonium nitrate or 
that disclosure. 
‘‘(b) REASONABLE BELIEF.—A reasonable belief that 
a person may use ammonium nitrate to create an explosive 
device to be employed in an act of terrorism under sub-
section (a) may not solely be based on the race, sex, national 
origin, creed, religion, status as a veteran, or status as a 
member of the Armed Forces of the United States of that 
person. 
‘‘SEC. 899H. PREEMPTION OF OTHER LAWS. 
‘‘(a) OTHER FEDERAL REGULATIONS.—Except as pro-
vided in section 899G, nothing in this subtitle affects any 
regulation issued by any agency other than an agency of 
the Department. 
‘‘(b) STATE LAW.—Subject to section 899G, this sub-
title preempts the laws of any State to the extent that such 
laws are inconsistent with this subtitle, except that this sub-
title shall not preempt any State law that provides addi-
585 
tional protection against the acquisition of ammonium ni-
trate by terrorists or the use of ammonium nitrate in explo-
sives in acts of terrorism or for other illicit purposes, as 
determined by the Secretary. 
‘‘SEC. 899I. DEADLINES FOR REGULATIONS. 
‘‘The Secretary— 
‘‘(1) shall issue a proposed rule implementing 
this subtitle not later than 6 months after the date of 
the enactment of this subtitle; and 
‘‘(2) issue a final rule implementing this subtitle 
not later than 1 year after such date of enactment. 
‘‘SEC. 899J. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Sec-
retary— 
‘‘(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.
586 
‘‘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 Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1103 note) 
is amended— 
(1) in subsection (a), by striking ‘‘Attorney Gen-
eral, in consultation with the Commissioner of Immi-
gration and Naturalization,’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘IN THE BORDER AREA’’ and inserting ‘‘ALONG 
THE BORDER’’; 
(B) in paragraph (1)— 
(i) in the heading, by striking ‘‘SECU-
RITY
FEATURES’’ and inserting ‘‘ADDI-
TIONAL FENCING ALONG SOUTHWEST BOR-
DER’’; and 
(ii) by striking subparagraphs (A) 
through (C) and inserting the following: 
‘‘(A) REINFORCED FENCING.—In carrying 
out subsection (a), the Secretary of Homeland 
Security shall construct reinforced fencing along 
not less than 700 miles of the southwest border 
where fencing would be most practical and effec-
587 
tive and provide for the installation of addi-
tional physical barriers, roads, lighting, cam-
eras, and sensors to gain operational control of 
the southwest border. 
‘‘(B) PRIORITY
AREAS.—In carrying out 
this section, the Secretary of Homeland Security 
shall— 
‘‘(i) identify the 370 miles, or other 
mileage determined 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 il-
legal entry into the United States; and 
‘‘(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 Se-
curity shall consult with the Secretary of 
the Interior, the Secretary of Agriculture, 
States, local governments, Indian tribes, 
and property owners in the United States
588 
to minimize the impact on the environment, 
culture, commerce, and quality of life for 
the communities and residents located near 
the sites at which such fencing is to be con-
structed. 
‘‘(ii) SAVINGS PROVISION.—Nothing in 
this subparagraph may be construed to— 
‘‘(I) create 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.—Not-
withstanding subparagraph (A), nothing in this 
paragraph shall require the Secretary of Home-
land Security to install fencing, physical bar-
riers, roads, lighting, cameras, and sensors in a 
particular location along an international bor-
der of the United States, if the Secretary deter-
mines that the use or placement of such resources 
is not the most appropriate means to achieve 
and maintain operational control over the inter-
national border at such location.’’; and
589 
(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. Cus-
toms and Border Protection ‘‘Border Security Fencing, In-
frastructure, 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 Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1103 note) 
as amended by subsection (a)(2). 
SEC. 565. INTERNATIONAL REGISTERED TRAVELER 
PROGRAM. Section 7208(k)(3) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (8 U.S.C. 
1365b(k)(3)) is amended to read as follows: 
‘‘(3) INTERNATIONAL
REGISTERED
TRAVELER 
PROGRAM.— 
‘‘(A) IN GENERAL.—The Secretary of Home-
land Security shall establish an international 
registered traveler program that incorporates 
available technologies, such as biometrics and e- 
passports, and security threat assessments to ex-
pedite the screening and processing of inter-
national travelers, including United States Citi-
zens and residents, who enter and exit the
590 
United States. The program shall be coordinated 
with the United States Visitor and Immigrant 
Status Indicator Technology program, other pre- 
screening initiatives, and the Visa Waiver Pro-
gram. 
‘‘(B) FEES.—The Secretary may impose a 
fee for the program established under subpara-
graph (A) and may modify such fee from time 
to time. The fee may not exceed the aggregate 
costs associated with the program and shall be 
credited to the Department of Homeland Secu-
rity for purposes of carrying out the program. 
Amounts so credited shall remain available until 
expended. 
‘‘(C) RULEMAKING.—Within 365 days after 
the date of enactment of this paragraph, the Sec-
retary shall initiate a rulemaking to establish 
the program, criteria for participation, and the 
fee for the program. 
‘‘(D) IMPLEMENTATION.—Not later than 2 
years after the date of enactment of this para-
graph, the Secretary shall establish a phased-im-
plementation of a biometric-based international 
registered traveler program in conjunction with 
the United States Visitor and Immigrant Status
591 
Indicator Technology entry and exit system, 
other pre-screening initiatives, and the Visa 
Waiver Program at United States airports with 
the highest volume of international travelers. 
‘‘(E) PARTICIPATION.—The Secretary shall 
ensure that the international registered traveler 
program includes as many participants as prac-
ticable by— 
‘‘(i) establishing a reasonable cost of 
enrollment; 
‘‘(ii) making program enrollment con-
venient and easily accessible; and 
‘‘(iii) providing applicants with clear 
and consistent eligibility guidelines.’’. 
SEC. 566. SHARED
BORDER
MANAGEMENT. (a) 
STUDY.—The Comptroller General of the United States 
shall conduct a study on the Department of Homeland Se-
curity’s use of shared border management to secure the 
international borders of the United States. 
(b) REPORT.—The Comptroller General shall submit 
a report to Congress that describes— 
(1) any negotiations, plans, or designs conducted 
by officials of the Department of Homeland Security 
regarding the practice of shared border management; 
and
592 
(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 devel-
oping a national identification card. 
SEC. 568. TRANSPORTATION SECURITY ADMINISTRA-
TION ACQUISITION MANAGEMENT POLICY. (a) IN GEN-
ERAL.—Section 114 of title 49, United States Code, is 
amended by striking subsection (o) and redesignating sub-
sections (p) through (t) as subsections (o) through (s), re-
spectively. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 180 days after the date of enact-
ment of this Act. 
SEC. 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 de-
clare a major disaster because of an event and any appeal 
is completed, the Administrator shall submit to the Com-
mittee on Homeland Security and Governmental 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
593 
Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment infor-
mation used to determine whether to declare a major dis-
aster. 
(b) The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines 
would compromise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Admin-
istrator of the Federal Emergency Management Agen-
cy; and 
(2) the term ‘‘major disaster’’ has the meaning 
given that term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122). 
SEC. 570. If the Secretary of Homeland Security estab-
lishes a National Transportation Security Center of Excel-
lence to conduct research and education activities, and to 
develop or provide professional security training, including 
the training of transportation employees and transpor-
tation professionals, the Mineta Transportation 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
594 
Administration shall permit approved members of Reg-
istered Traveler programs to satisfy fully the required iden-
tity verification procedures at security screening check-
points by presenting a biometrically-secure Registered 
Traveler card in lieu of the government-issued photo identi-
fication document required of non-participants: Provided, 
That if their identity is not confirmed biometrically, the 
standard identity and screening procedures will apply: Pro-
vided further, That if the Assistant Secretary (Transpor-
tation Security Administration) determines this is a threat 
to civil aviation, then the Assistant Secretary (Transpor-
tation Security Administration) shall notify the Commit-
tees on Appropriations of the Senate and House of Rep-
resentatives five days in advance of such determination and 
require Registered Travelers to present government-issued 
photo identification documents in conjunction with a bio-
metrically-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 ‘‘Dur-
ing the 5-year period following the effective date of this Act’’ 
and inserting ‘‘Until September 30, 2008’’. 
SEC. 573. (a) RESCISSION.—Of amounts previously 
made available from Federal Emergency Management 
Agency ‘‘Disaster Relief’’ to the State of Mississippi pursu-
ant to section 404 of the Robert T. Stafford Disaster Relief
595 
and Emergency Assistance Act (42 U.S.C. 5170c) for Hur-
ricane Katrina, $20,000,000 are rescinded. 
(b) APPROPRIATION.—For Federal Emergency Man-
agement Agency ‘‘State and Local Programs’’, there is ap-
propriated an additional $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 mat-
ter preceding division A of this consolidated Act). 
TITLE VI 
BORDER INFRASTRUCTURE AND TECHNOLOGY 
MODERNIZATION 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Border Infrastructure 
and Technology Modernization Act of 2007’’. 
SEC. 602. DEFINITIONS.—In this title: 
(1) COMMISSIONER.—The term ‘‘Commissioner’’ 
means the Commissioner of U.S. Customs and Border 
Protection of the Department of Homeland Security. 
(2) MAQUILADORA.—The term ‘‘maquiladora’’ 
means an entity located in Mexico that assembles and 
produces goods from imported parts for export to the 
United States.
596 
(3) NORTHERN
BORDER.—The term ‘‘northern 
border’’ means the international border between the 
United States and Canada. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Department of Homeland Secu-
rity. 
(5) SOUTHERN
BORDER.—The term ‘‘southern 
border’’ means the international border between the 
United States and Mexico. 
SEC. 603. PORT OF ENTRY INFRASTRUCTURE ASSESS-
MENT STUDY.—(a) REQUIREMENT TO UPDATE.—Not later 
than January 31 of every other year, the Commissioner, 
in consultation with the Administrator of General Services 
shall— 
(1) review— 
(A) the Port of Entry Infrastructure Assess-
ment Study prepared by the United States Cus-
toms Service, the Immigration and Naturaliza-
tion Service, and the General Services Adminis-
tration in accordance with the matter relating to 
the ports of entry infrastructure assessment set 
forth in the joint explanatory statement on page 
67 of conference report 106–319, accompanying 
Public Law 106–58; and
597 
(B) the nationwide strategy to prioritize 
and address the infrastructure needs at the land 
ports of entry prepared by the Department of 
Homeland Security and the General Services Ad-
ministration in accordance with the committee 
recommendations on page 22 of Senate report 
108–86, accompanying Public Law 108–90; 
(2) update the assessment of the infrastructure 
needs of all United States land ports of entry; and 
(3) submit an updated assessment of land port 
of entry infrastructure needs to the Committees on 
Appropriations of the Senate and the House of Rep-
resentatives, the Senate Committee on Environment 
and Public Works, the Senate Committee on Home-
land Security and Governmental Affairs, the House 
Committee on Transportation and Infrastructure, 
and the House Committee on Homeland Security. 
(b) CONSULTATION.—In preparing the updated studies 
required under subsection (a), the Commissioner and the 
Administrator of General Services shall consult with the Di-
rector of the Office of Management and Budget, the Sec-
retary, and affected State and local agencies on the northern 
and southern borders of the United States. 
(c) CONTENT.—Each updated study required in sub-
section (a) shall—
598 
(1) identify port of entry infrastructure and 
technology improvement projects that would enhance 
border security and facilitate the flow of legitimate 
commerce if implemented; 
(2) include the projects identified in the National 
Land Border Security Plan required by section 604; 
and 
(3) prioritize the projects described in para-
graphs (1) and (2) based on the ability of a project— 
(A) to enhance the ability of U.S. Customs 
and Border Protection to achieve its mission and 
to support operations; 
(B) to fulfill security requirements; and 
(C) facilitate trade across the borders of the 
United States. 
(d) PROJECT IMPLEMENTATION.—The Commissioner, 
as appropriate, shall— 
(1) implement the infrastructure and technology 
improvement projects described in subsection (c) in 
the order of priority assigned to each project under 
subsection (c)(3); or 
(2) forward the prioritized list of infrastructure 
and technology improvement projects to the Adminis-
trator of General Services for implementation in the
599 
order of priority assigned to each project under sub-
section (c)(3). 
(e) DIVERGENCE FROM PRIORITIES.—The Commis-
sioner may diverge from the priority order if the Commis-
sioner determines that significantly changed circumstances, 
including immediate security needs, changes in infrastruc-
ture in Mexico or Canada, or similar concerns, compel-
lingly alter the need for a project in the United States. 
SEC. 604. NATIONAL LAND BORDER SECURITY PLAN. 
(a) REQUIREMENT FOR PLAN.—Not later than January 31 
of every other year, the Secretary, acting through the Com-
missioner, shall prepare a National Land Border Security 
Plan and submit such plan to the Committees on Appro-
priations of the Senate and the House of Representatives, 
the Senate Committee on Environment and Public Works, 
the Senate Committee on Homeland Security and Govern-
mental Affairs, the Senate Committee on the Judiciary, the 
House Committee on Transportation and Infrastructure, 
the House Committee on Homeland Security, and the 
House Committee on the Judiciary. 
(b) CONSULTATION.—In preparing the plan required 
under subsection (a), the Commissioner shall consult with 
other appropriate Federal agencies, State and local law en-
forcement agencies, and private entities that are involved
600 
in international trade across the northern or southern bor-
der. 
(c) VULNERABILITY ASSESSMENT.— 
(1) IN GENERAL.—The plan required under sub-
section (a) shall include a vulnerability, risk, and 
threat assessment of each port of entry located on the 
northern border or the southern border. 
(2) PORT SECURITY COORDINATORS.—The Sec-
retary, acting through the Commissioner, may estab-
lish one or more port security coordinators at each 
port of entry located on the northern border or the 
southern border— 
(A) to assist in conducting a vulnerability 
assessment at such port; and 
(B) to provide other assistance with the 
preparation of the plan required under sub-
section (a). 
(d) COORDINATION WITH THE SECURE BORDER INI-
TIATIVE.—The plan required under subsection (a) shall in-
clude a description of activities undertaken during the pre-
vious year as part of the Secure Border Initiative and ac-
tions planned for the coming year as part of the Secure 
Border Initiative. 
SEC. 605. PORT OF ENTRY TECHNOLOGY DEMONSTRA-
TION PROGRAM. (a) ESTABLISHMENT.—The Secretary, act-
601 
ing through the Commissioner, shall carry out a technology 
demonstration program to test and evaluate new port of 
entry technologies, refine port of entry technologies and 
operational concepts, and train personnel under realistic 
conditions. 
(b) TECHNOLOGY TESTED.—Under the demonstration 
program, the Commissioner shall test technologies that en-
hance port of entry operations, including those related to 
inspections, communications, port tracking, identification 
of persons and cargo, sensory devices, personal detection, 
decision support, and the detection and identification of 
weapons of mass destruction. 
(c) DEMONSTRATION SITES.— 
(1) NUMBER.—The Commissioner shall carry out 
the demonstration program at not less than three sites 
and not more than five sites. 
(2) LOCATION.—Of the sites selected under sub-
section (c)— 
(A) at least one shall be located on the 
northern border of the United States; and 
(B) at least one shall be located on the 
southern border of the United States. 
(3) SELECTION CRITERIA.—To ensure that one of 
the facilities selected as a port of entry demonstration 
site for the demonstration program has the most up-
602 
to-date design, contains sufficient space to conduct the 
demonstration program, has a traffic volume low 
enough to easily incorporate new technologies without 
interrupting normal processing activity, and can effi-
ciently carry out demonstration and port of entry op-
erations, one port of entry selected as a demonstration 
site may— 
(A) have been established not more than 15 
years before the date of the enactment of this Act; 
(B) consist of not less than 65 acres, with 
the possibility of expansion onto not less than 25 
adjacent acres; and 
(C) have serviced an average of not more 
than 50,000 vehicles per month during the 12 
months preceding the date of the enactment of 
this Act. 
(d) RELATIONSHIP WITH OTHER AGENCIES.—The 
Secretary, acting through the Commissioner, shall permit 
personnel from appropriate Federal agencies to utilize a 
demonstration site described in subsection (c) to test tech-
nologies that enhance port of entry operations, including 
those related to inspections, communications, port tracking, 
identification of persons and cargo, sensory devices, per-
sonal detection, decision support, and the detection and 
identification of weapons of mass destruction.
603 
(e) REPORT.— 
(1) REQUIREMENT.—Not later than 1 year after 
the date of the enactment of this Act, and annually 
thereafter, the Secretary shall submit to the Commit-
tees on Appropriations of the Senate and the House 
of Representatives, the Senate Committee on Environ-
ment and Public Works, the Senate Committee on 
Homeland Security and Governmental Affairs, the 
House Committee on Transportation and Infrastruc-
ture, and the House Committee on Homeland Secu-
rity a report on the activities carried out at each 
demonstration site under the technology demonstra-
tion program established under this section. 
(2) CONTENT.—The report shall include an as-
sessment by the Commissioner of the feasibility of in-
corporating any demonstrated technology for use 
throughout U.S. Customs and Border Protection. 
SEC. 606. AUTHORIZATION OF APPROPRIATIONS. (a) 
IN GENERAL.—In addition to any funds otherwise avail-
able, there are authorized to be appropriated such sums as 
may be necessary to carry out this title for fiscal years 2009 
through 2013. 
(b) INTERNATIONAL AGREEMENTS.—Funds authorized 
to be appropriated under this title may be used for the im-
plementation of projects described in the Declaration on
604 
Embracing Technology and Cooperation to Promote the Se-
cure and Efficient Flow of People and Commerce across our 
Shared Border between the United States and Mexico, 
agreed to March 22, 2002, Monterrey, Mexico (commonly 
known as the Border Partnership Action Plan) or the 
Smart Border Declaration between the United States and 
Canada, agreed to December 12, 2001, Ottawa, Canada that 
are consistent with the provisions of this title. 
This division may be cited as the ‘‘Department of 
Homeland Security Appropriations Act, 2008’’. 
DIVISION F—DEPARTMENT OF THE INTERIOR, 
ENVIRONMENT, AND RELATED AGENCIES AP-
PROPRIATIONS ACT, 2008 
TITLE I 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For necessary expenses for protection, use, improve-
ment, development, disposal, cadastral surveying, classifica-
tion, acquisition of easements and other interests in lands, 
and performance of other functions, including maintenance 
of facilities, as authorized by law, in the management of 
lands and their resources under the jurisdiction of the Bu-
reau of Land Management, including the general adminis-
tration of the Bureau, and assessment of mineral potential
605 
of public lands pursuant to Public Law 96–487 (16 U.S.C. 
3150(a)), $867,463,000, to remain available until expended, 
of which not to exceed $91,629,000 is available for oil and 
gas management; and of which $1,500,000 is for high pri-
ority projects, to be carried out by the Youth Conservation 
Corps; and of which $2,900,000 shall be available in fiscal 
year 2008 subject to a match by at least an equal amount 
by the National Fish and Wildlife Foundation for cost- 
shared projects supporting conservation of Bureau lands; 
and such funds shall be advanced to the Foundation as a 
lump sum grant without regard to when expenses are in-
curred. 
In addition, $25,500,000 is for the processing of appli-
cations for permit to drill and related use authorizations, 
to remain available until expended, to be reduced by 
amounts collected by the Bureau and credited to this appro-
priation that shall be derived from $4,000 per new applica-
tion for permit to drill that the Bureau shall collect upon 
submission of each new application, and in addition, 
$34,696,000 is for Mining Law Administration program 
operations, including the cost of administering the mining 
claim fee program; to remain available until expended, to 
be reduced by amounts collected by the Bureau and credited 
to this appropriation from annual mining claim fees so as 
to result in a final appropriation estimated at not more
606 
than $867,463,000, and $2,000,000, to remain available 
until expended, from communication site rental fees estab-
lished by the Bureau for the cost of administering commu-
nication site activities. 
CONSTRUCTION 
For construction of buildings, recreation facilities, 
roads, trails, and appurtenant facilities, $6,476,000, to re-
main available until expended. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 206, 
and 318(d) of Public Law 94–579, including administra-
tive expenses and acquisition of lands or waters, or interests 
therein, $9,081,000, to be derived from the Land and Water 
Conservation Fund and to remain available until expended. 
OREGON AND CALIFORNIA GRANT LANDS 
For expenses necessary for management, protection, 
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and 
other improvements on the revested Oregon and California 
Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adja-
cent rights-of-way; and acquisition of lands or interests 
therein, including existing connecting roads on or adjacent 
to such grant lands; $110,242,000, to remain available until 
expended: Provided, That 25 percent of the aggregate of all 
receipts during the current fiscal year from the revested Or-
607 
egon and California Railroad grant lands is hereby made 
a charge against the Oregon and California land-grant 
fund and shall be transferred to the General Fund in the 
Treasury in accordance with the second paragraph of sub-
section (b) of title II of the Act of August 28, 1937 (50 Stat. 
876). 
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND 
(REVOLVING FUND, SPECIAL ACCOUNT) 
In addition to the purposes authorized in Public Law 
102–381, funds made available in the Forest Ecosystem 
Health and Recovery Fund can be used for the purpose of 
planning, preparing, implementing and monitoring salvage 
timber sales and forest ecosystem health and recovery activi-
ties, such as release from competing vegetation and density 
control treatments. The Federal share of receipts (defined 
as the portion of salvage timber receipts not paid to the 
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et 
seq., and Public Law 106–393) derived from treatments 
funded by this account shall be deposited into the Forest 
Ecosystem Health and Recovery Fund. 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of lands 
and interests therein, and improvement of Federal range-
lands pursuant to section 401 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701), notwith-
standing any other Act, sums equal to 50 percent of all
608 
moneys received during the prior fiscal year under sections 
3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) 
and the amount designated for range improvements from 
grazing fees and mineral leasing receipts from Bankhead- 
Jones lands transferred to the Department of the Interior 
pursuant to law, but not less than $10,000,000, to remain 
available until expended: Provided, That not to exceed 
$600,000 shall be available for administrative expenses. 
SERVICE CHARGES, DEPOSITS, AND FORFEITURES 
For administrative expenses and other costs related to 
processing application documents and other authorizations 
for use and disposal of public lands and resources, for costs 
of providing copies of official public land documents, for 
monitoring construction, operation, and termination of fa-
cilities in conjunction with use authorizations, and for re-
habilitation of damaged property, such amounts as may be 
collected under Public Law 94–579, as amended, and Public 
Law 93–153, to remain available until expended: Provided, 
That, notwithstanding any provision to the contrary of sec-
tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any 
moneys that have been or will be received pursuant to that 
section, whether as a result of forfeiture, compromise, or set-
tlement, if not appropriate for refund pursuant to section 
305(c) of that Act (43 U.S.C. 1735(c)), shall be available 
and may be expended under the authority of this Act by 
the Secretary to improve, protect, or rehabilitate any public
609 
lands administered through the Bureau of Land Manage-
ment which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized per-
son, without regard to whether all moneys collected from 
each such action are used on the exact lands damaged which 
led to the action: Provided further, That any such moneys 
that are in excess of amounts needed to repair damage to 
the exact land for which funds were collected may be used 
to repair other damaged public lands. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended 
under existing laws, there is hereby appropriated such 
amounts as may be contributed under section 307 of the 
Act of October 21, 1976 (43 U.S.C. 1701), and such 
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain avail-
able until expended. 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for fire preparedness, suppres-
sion operations, fire science and research, emergency reha-
bilitation, hazardous fuels reduction, and rural fire assist-
ance by the Department of the Interior, $820,878,000, to 
remain available until expended, of which not to exceed 
$6,234,000 shall be for the renovation or construction of fire
610 
facilities: Provided, That such funds are also available for 
repayment of advances to other appropriation accounts 
from which funds were previously transferred for such pur-
poses: Provided further, That persons hired pursuant to 43 
U.S.C. 1469 may be furnished subsistence and lodging with-
out cost from funds available from this appropriation: Pro-
vided further, That notwithstanding 42 U.S.C. 1856d, sums 
received by a bureau or office of the Department of the Inte-
rior for fire protection rendered pursuant to 42 U.S.C. 1856 
et seq., protection of United States property, may be cred-
ited to the appropriation from which funds were expended 
to provide that protection, and are available without fiscal 
year limitation: Provided further, That using the amounts 
designated under this title of this Act, the Secretary of the 
Interior may enter into procurement contracts, grants, or 
cooperative agreements, for hazardous fuels reduction ac-
tivities, and for training and monitoring associated with 
such hazardous fuels reduction activities, on Federal land, 
or on adjacent non-Federal land for activities that benefit 
resources on Federal land: Provided further, That the costs 
of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be 
shared, as mutually agreed on by the affected parties: Pro-
vided further, That notwithstanding requirements of the 
Competition in Contracting Act, the Secretary, for purposes
611 
of hazardous fuels reduction activities, may obtain max-
imum practicable competition among: (1) local private, 
nonprofit, or cooperative entities; (2) Youth Conservation 
Corps crews, Public Lands Corps (Public Law 109–154), 
or related partnerships with State, local, or non-profit 
youth groups; (3) small or micro-businesses; or (4) other 
entities that will hire or train locally a significant percent-
age, defined as 50 percent or more, of the project workforce 
to complete such contracts: Provided further, That in imple-
menting this section, the Secretary shall develop written 
guidance to field units to ensure accountability and con-
sistent application of the authorities provided herein: Pro-
vided further, That funds appropriated under this head 
may be used to reimburse the United States Fish and Wild-
life Service and the National Marine Fisheries Service for 
the costs of carrying out their responsibilities under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 
consult and conference, as required by section 7 of such Act, 
in connection with wildland fire management activities: 
Provided further, That the Secretary of the Interior may 
use wildland fire appropriations to enter into non-competi-
tive sole source leases of real property with local govern-
ments, at or below fair market value, to construct capital-
ized improvements for fire facilities on such leased prop-
erties, including but not limited to fire guard stations, re-