HR 2638 - Department of Homeland Security Appropriations Act, 2008

HR 2638
6-15-07, House Passed Bill 268-150
Senate & House Resolving Differences

110th CONGRESS

1st Session

H. R. 2638

IN THE HOUSE OF REPRESENTATIVES

July 26, 2007

Ordered to be printed with the amendment of the Senate

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

 That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes, namely:

[Struck out->] `TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS` [<-Struck out]

[Struck out->] `Office of the Secretary and Executive Management` [<-Struck out]

 For necessary expenses of the
Office of the Secretary of Homeland Security, as authorized by section
102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as authorized by
law, $102,930,000 (reduced by $15,000,000) (reduced by $1,000,000)
(reduced by $79,000) (reduced by $300,000) (reduced by $1,241,000)
(reduced by $138,000): Provided, That not to exceed $40,000 shall be for official reception and representation expenses.

[Struck out->] `Office of the Under Secretary for Management` [<-Struck out]

 For necessary expenses of the
Office of the Under Secretary for Management, as authorized by sections
701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341
through 345), $237,765,000 (reduced by $35,000,000) (reduced by
$11,000,000) (reduced by $10,400,000) (reduced by $35,000,000) (reduced
by $89,125,000) (reduced by $15,000,000) (reduced by $50,000,000), of
which not to exceed $3,000 shall be for official reception and
representation expenses: Provided, That of the total amount
provided, $6,000,000 shall remain available until expended solely for
the alteration and improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters operations and
$300,000 shall remain available until expended by the Federal Law
Enforcement Training Accreditation Board for the needs of Federal law
enforcement agencies participating in training accreditation: Provided further,
That no funding provided under this heading may be used to design,
build, or relocate any Departmental activity to the Saint Elizabeths
campus until the Department submits to the Committees on Appropriations
of the Senate and the House of Representatives: (1) the published
U-Visa rule; and (2) a detailed expenditure plan for checkpoint support
and explosive detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal year 2008.

[Struck out->] `Office of the Chief Financial Officer` [<-Struck out]

 For necessary expenses of the
Office of the Chief Financial Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (6 U.S.C. 113), $32,000,000 (reduced
by $1,000,000) (reduced by $500,000).

[Struck out->] `Office of the Chief Information Officer` [<-Struck out]

 For necessary expenses of the
Office of the Chief Information Officer, as authorized by section 103
of the Homeland Security Act of 2002 (6 U.S.C. 113), and
Department-wide technology investments, $258,621,000; of which
$79,921,000 shall be available for salaries and expenses; and of which
$178,700,000 shall be available for development and acquisition of
information technology equipment, software, services, and related
activities for the Department of Homeland Security, to remain available
until expended: Provided, That none of the funds appropriated
shall be used to support or supplement the appropriations provided for
the United States Visitor and Immigrant Status Indicator Technology
project or the Automated Commercial Environment: Provided further,
That the Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, not more
than 60 days after the date of enactment of this Act, an expenditure
plan for all information technology acquisition projects with an
estimated cost of $2,500,000 or more: Provided further, That
such expenditure plan shall include each specific project funded, key
milestones, all funding sources for each project, details of annual and
lifecycle costs, and projected cost savings or cost avoidance to be
achieved by the project: Provided further, That
notwithstanding any other provision of law, none of the funds made
available in this or any other Act may be obligated to provide for the
oversight or management of the Integrated Wireless Network program by
any employee of the Office of the Chief Information Officer.

[Struck out->] `Analysis and Operations` [<-Struck out]

 For necessary expenses for
information analysis and operations coordination activities, as
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $291,619,000 (increased by $10,000,000), to remain
available until September 30, 2009, of which not to exceed $5,000 shall
be for official reception and representation expenses.

[Struck out->] `Office of the Federal Coordinator for Gulf Coast Rebuilding` [<-Struck out]

   For necessary expenses of the Office of the Federal Coordinator for Gulf Coast Rebuilding, $3,000,000: Provided,
That $1,000,000 shall not be available for obligation until the
Committees on Appropriations of the Senate and the House of
Representatives receive an expenditure plan for fiscal year 2008.

[Struck out->] `Inspector General` [<-Struck out]

[Struck out->] `OPERATING EXPENSES` [<-Struck out]

 For necessary expenses of the
Inspector General in carrying out the provisions of the Inspector
General Act of 1978 (5 U.S.C. App.), $99,111,000 (increased by
$500,000), of which not to exceed $150,000 may be used for certain
confidential operational expenses, including the payment of informants,
to be expended at the direction of the Inspector General.

[Struck out->] `TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS` [<-Struck out]

[Struck out->] `United States Customs and Border Protection` [<-Struck out]

[Struck out->] `SALARIES AND EXPENSES` [<-Struck out]

 For necessary expenses for
enforcement of laws relating to border security, immigration, customs,
and agricultural inspections and regulatory activities related to plant
and animal imports; purchase and lease of up to 4,500 (2,300 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $6,629,733,000 (reduced by
$1,000,000) (increased by $1,000,000), of which $3,093,000 shall be
derived from the Harbor Maintenance Trust Fund for administrative
expenses related to the collection of the Harbor Maintenance Fee
pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed
$45,000 shall be for official reception and representation expenses; of
which not less than $207,740,000 shall be for Air and Marine
Operations; of which such sums as become available in the Customs User
Fee Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security: Provided,
That for fiscal year 2008, the overtime limitation prescribed in
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1))
shall be $35,000; and notwithstanding any other provision of law, none
of the funds appropriated by this Act may be available to compensate
any employee of United States Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the Secretary of
Homeland Security, or the designee of the Secretary, to be necessary
for national security purposes, to prevent excessive costs, or in cases
of immigration emergencies: Provided further, That of the
amount made available under this heading, $202,816,000 shall remain
available until September 30, 2009, to support software development,
equipment, contract services, and the implementation of inbound lanes
and modification to vehicle primary processing lanes at ports of entry,
of which $100,000 is to promote information and education exchange with
nations friendly to the United States in order to promote sharing of
best practices and technologies relating to homeland security, as
authorized by section 879 of Public Law 107-296 and $100,000,000 may
not be obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive a report on the results of
pilot programs used to develop and implement the plan required by
section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), which includes
the following information: (1) infrastructure and staffing required,
with associated costs, by port of entry; (2) updated milestones for
plan implementation; (3) a detailed explanation of how requirements of
such section have been satisfied; (4) confirmation that a vicinity-read
radio frequency identification card has been adequately tested to
ensure operational success; and (5) a description of steps taken to
ensure the integrity of privacy safeguards.

[Struck out->] `AUTOMATION MODERNIZATION` [<-Struck out]

 For expenses for customs and border
protection automated systems, $476,609,000, to remain available until
expended, of which not less than $316,969,000 shall be for the
development of the Automated Commercial Environment: Provided,
That of the total amount made available under this heading,
$216,969,000 may not be obligated for the Automated Commercial
Environment program until 30 days after the Committees on
Appropriations of the Senate and the House of Representatives receive a
report on the results to date and plans for the program from the
Department of Homeland Security that includes:

 (1) a detailed accounting of
the program's progress up to the date of the report in meeting prior
commitments made to the Committees relative to system capabilities or
services, system performance levels, mission benefits and outcomes,
milestones, cost targets, and program management capabilities;

 (2) an explicit plan of action
defining how all unobligated funds for the program from prior
appropriations and all fiscal year 2008 funds are to be spent to meet
future program commitments, with sufficient detail to link the planned
expenditure of funds to the milestone-based delivery of specific
capabilities, services, performance levels, mission benefits and
outcomes, and program management capabilities;

 (3) a listing of all open
Government Accountability Office and Office of Inspector General
recommendations related to the program, with the status of the
Department's efforts to address the recommendations, including
milestones for fully addressing them;

 (4) a written certification by
the Chief Financial Officer of the Department of Homeland Security that
the program has been reviewed and approved in accordance with the
Department's investment management process, and that this process
fulfills all capital planning and investment control requirements and
reviews established by the Office of Management and Budget, including
Circular A-11, part 7, as well as copies of all investment decision
memoranda and supporting analyses generated by and used in the
Department's process;

 (5) a written certification by
the Chief Information Officer of the Department of Homeland Security
that an independent validation and verification agent has and will
continue to actively review the program, as well as summaries of
reviews conducted by the agent during the preceding 12 months;

 (6) a written certification by
the Chief Information Officer of the Department of Homeland Security
that: the system architecture is sufficiently aligned with the
department's information systems enterprise architecture to minimize
future rework, including: a description of all aspects of the
architectures that were and were not assessed in making the alignment
determination; the date of the alignment determination; any known areas
of misalignment; any associated risks; and corrective actions to
address any such areas;

 (7) a written certification by
the Chief Information Officer of the Department of Homeland Security
that the program has a risk management process that regularly and
proactively identifies, evaluates, mitigates, and monitors risks
throughout the system life cycle, and communicates high-risk conditions
to United States Customs and Border Protection and Department of
Homeland Security investment decision makers, as well as a listing of
the program's high risks and the status of efforts to address them;

 (8) a written certification by
the Chief Procurement Officer of the Department of Homeland Security
that the plans for the program comply with the Federal acquisition
rules, requirements, guidelines, and practices, and a description of
the actions being taken to address areas of non-compliance, the risks
associated with them along with any plans for addressing these risks
and the status of their implementation; and

 (9) a written certification by
the Chief Human Capital Officer of the Department of Homeland Security
that human capital needs of the program are being strategically and
proactively managed, and that current human capital capabilities are
sufficient to execute the plans discussed in the report.

[Struck out->] `BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY` [<-Struck out]

 For expenses for customs and border
protection fencing, infrastructure, and technology, $1,000,000,000
(reduced by $5,000,000) (increased by $5,000,000) (increased by
$89,125,000), to remain available until expended: Provided,
That of the amount provided under this heading, $700,000,000 shall not
be obligated until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve a plan for
expenditure, prepared by the Secretary of Homeland Security and
submitted within 60 days after the date of enactment of this Act, for a
program to establish a security barrier along the borders of the United
States of fencing and vehicle barriers, where practicable, and other
forms of tactical infrastructure and technology, that--

 (1) defines activities,
milestones, and costs for implementing the program, including
identification of the maximum investment related to the Secure Border
Initiative network (SBInet) or successor contract, estimation of
lifecycle costs, and description of the methodology used to obtain
these cost figures;

 (2) demonstrates how activities
will further the objectives of the Secure Border Initiative (SBI), as
defined in the SBI multi-year strategic plan, and how the plan
allocates funding to the highest priority border security needs;

   (3) identifies funding and staffing (including full-time equivalents, contractors, and detailees) requirements by activity;

 (4) describes how the plan
addresses security needs at the Northern Border and the ports of entry,
including infrastructure, technology, design and operations
requirements;

 (5) reports on costs incurred,
the activities completed, and the progress made by the program in terms
of obtaining operational control of the entire border of the United
States;

 (6) includes an analysis by the
Secretary, for each segment of fencing or tactical infrastructure, of
the selected approach compared to other, alternative means of achieving
operational control; such analysis should include cost, level of
operational control, possible unintended effects on communities, and
other factors critical to the decision-making process;

 (7) includes a certification by
the Chief Procurement Officer of the Department of Homeland Security
that procedures to prevent conflicts of interest between the prime
integrator and major subcontractors are established and that the SBI
Program Office has adequate staff and resources to effectively manage
the SBI program, SBInet contract, and any related contracts, including
the exercise of technical oversight, and a certification by the Chief
Information Officer of the Department of Homeland Security that an
independent verification and validation agent is currently under
contract for the projects funded under this heading;

 (8) complies with all
applicable acquisition rules, requirements, guidelines, and best
systems acquisition management practices of the Federal Government;

 (9) complies with the capital
planning and investment control review requirements established by the
Office of Management and Budget, including Circular A-11, part 7;

 (10) is reviewed and approved
by the Department of Homeland Security Investment Review Board, the
Secretary of Homeland Security, and the Office of Management and
Budget; and

(11) is reviewed by the Government Accountability Office:

 Provided further, That the
Secretary shall report to the Committees on Appropriations of the
Senate and the House of Representatives on program progress to date,
and specific objectives to be achieved through the award of current and
remaining task orders planned for the balance of available
appropriations: (1) at least 30 days prior to the award of any task
order requiring the obligation in excess of $100,000,000; and (2) prior
to the award of a task order that would cause cumulative obligations to
exceed 50 percent of the total amount appropriated: Provided further,
That of the funds provided under this heading, not more than $2,000,000
shall be used to reimburse the Defense Acquisition University for the
costs of conducting a review of the SBInet contract and determining how
and whether the Department is employing the best procurement practices:
Provided further, That none of the funds under this heading
may be obligated for fencing or tactical infrastructure on lands
administered by the National Park Service, the United States Fish and
Wildlife Service, the Forest Service, the Bureau of Indian Affairs, or
the Bureau of Land Management unless the Secretary of Homeland Security
coordinates such decision with that agency, and makes every effort to
minimize impacts on wildlife and natural resources: Provided further,
That none of the funds under this heading may be obligated for a
fencing or tactical infrastructure project or activity unless the
Secretary formally consults with affected State and local communities
to solicit their advice and support of such project or activity: Provided further,
That no funds under this heading may be obligated for any project or
activity for which the Secretary has exercised waiver authority
pursuant to section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 days
have elapsed from the date of the publication of the decision in the
Federal Register.

[Struck out->] `AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT` [<-Struck out]

 For necessary expenses for the
operations, maintenance, and procurement of marine vessels, aircraft,
unmanned aircraft systems, and other related equipment of the air and
marine program, including operational training and mission-related
travel, and rental payments for facilities occupied by the air or
marine interdiction and demand reduction programs, the operations of
which include the following: the interdiction of narcotics and other
goods; the provision of support to Federal, State, and local agencies
in the enforcement or administration of laws enforced by the Department
of Homeland Security; and at the discretion of the Secretary of
Homeland Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency humanitarian
efforts, $477,287,000, to remain available until expended: Provided,
That no aircraft or other related equipment, except aircraft that are
one-of-a-kind and have been identified as excess to United States
Customs and Border Protection requirements and aircraft that have been
damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security during fiscal year 2008 without the prior approval of the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That none of the funds
under this heading may be obligated for procurement of additional
unmanned aerial systems until the Commissioner of United States Customs
and Border Protection certifies to the Committees on Appropriations of
the Senate and House of Representatives that they are of higher
priority and more cost effective than other items included in the Air
and Marine Strategic Recapitalization and Modernization plan.

[Struck out->] `CONSTRUCTION` [<-Struck out]

 For necessary expenses to plan,
construct, renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws relating
to customs and immigration, $249,663,000, to remain available until
expended.

[Struck out->] `United States Immigration and Customs Enforcement` [<-Struck out]

[Struck out->] `SALARIES AND EXPENSES` [<-Struck out]

 For necessary expenses for
enforcement of immigration and customs laws, detention and removals,
and investigations; and purchase and lease of up to 3,790 (2,350 for
replacement only) police-type vehicles; $4,146,300,000 (increased by
$9,100,000) (reduced by $5,000,000) (increased by $5,000,000), of which
not to exceed $10,000,000 shall be available until expended for
conducting special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed
$15,000 shall be for official reception and representation expenses; of
which not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security; and of which not to exceed $11,216,000
shall be available to fund or reimburse other Federal agencies for the
costs associated with the care, maintenance, and repatriation of
smuggled illegal aliens: Provided, That none of the funds
made available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or a designee of the
Secretary, may waive that amount as necessary for national security
purposes and in cases of immigration emergencies: Provided further,
That of the total amount provided, $15,770,000 shall be for activities
to enforce laws against forced child labor in fiscal year 2008, of
which not to exceed $6,000,000 shall remain available until expended: Provided further,
That at least once per month the Secretary of Homeland Security or a
designee of the Secretary shall obtain information from every prison,
jail, and correctional facility in the United States to identify
incarcerated aliens who may be deportable and make every reasonable
effort to remove such aliens judged deportable upon their release from
custody.

[Struck out->] `FEDERAL PROTECTIVE SERVICE` [<-Struck out]

 The revenues and collections of
security fees credited to this account shall be available until
expended for necessary expenses related to the protection of
federally-owned and leased buildings and for the operations of the
Federal Protective Service: Provided, That none of the funds
provided in this or any other Act, and none of the revenues or
collections of security fees credited to this account, may be obligated
for any activity that reduces the number of in-service Federal
Protective Service police officers below the number of such officers as
of October 1, 2006, unless--

 (1) the Director of the Federal
Protective Service provides to the head of the relevant lead State and
local law enforcement agencies for the jurisdiction concerned a report
on the number and type of cases handled by the Federal Protective
Service police in that jurisdiction for the previous two fiscal years;

 (2) the Director of the Federal
Protective Service negotiates a Memorandum of Agreement with the head
of each relevant State and local law enforcement agency for the
jurisdiction concerned that explains how the work identified in the
report described in section (1) will be addressed in the future; and

 (3) the Director of the Federal
Protective Service submits copies of each report under paragraph (1)
and each memorandum under paragraph (2) to the Committees on
Appropriations of the Senate and the House of Representatives by not
later than 15 days before the number of in-service Federal Protective
Service police officers is reduced for the concerned jurisdiction.

[Struck out->] `AUTOMATION MODERNIZATION` [<-Struck out]

   For expenses of immigration and customs enforcement automated systems, $30,700,000, to remain available until expended: Provided,
That none of the funds made available under this heading may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that--

 (1) meets the capital planning
and investment control review requirements established by the Office of
Management and Budget, including Circular A-11, part 7;

(2) complies with the Department of Homeland Security information systems enterprise architecture;

 (3) complies with the
acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government;

 (4) includes a certification by
the Chief Information Officer of the Department of Homeland Security
that an independent verification and validation agent is currently
under contract for the project;

 (5) is reviewed and approved by
the Department of Homeland Security Investment Review Board, the
Secretary of Homeland Security, and the Office of Management and
Budget; and

(6) is reviewed by the Government Accountability Office.

[Struck out->] `CONSTRUCTION` [<-Struck out]

 For necessary expenses to plan,
construct, renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws relating
to customs and immigration, $6,000,000, to remain available until
expended: Provided, That none of the funds made available in
this or any other Act may be used to solicit or consider any request to
privatize facilities currently owned by the United States Government
and used to detain illegal aliens until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for carrying out that privatization.

[Struck out->] `Transportation Security Administration` [<-Struck out]

[Struck out->] `AVIATION SECURITY` [<-Struck out]

 For necessary expenses of the
Transportation Security Administration related to providing civil
aviation security services pursuant to the Aviation and Transportation
Security Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$5,198,535,000, to remain available until September 30, 2009, of which
not to exceed $10,000 shall be for official reception and
representation expenses: Provided, That of the total amount
made available under this heading, not to exceed $4,218,194,000 shall
be for screening operations, of which $560,000,000 shall be available
only for procurement and installation of checked baggage explosive
detection systems; and not to exceed $980,116,000 shall be for aviation
security direction and enforcement: Provided further, That
security service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are received
during fiscal year 2008, so as to result in a final fiscal year
appropriation from the general fund estimated at not more than
$2,488,310,000: Provided further, That any security service
fees collected in excess of the amount made available under this
heading shall become available during fiscal year 2009.

[Struck out->] `SURFACE TRANSPORTATION SECURITY` [<-Struck out]

 For necessary expenses of the
Transportation Security Administration related to providing surface
transportation security activities, $41,413,000, to remain available
until September 30, 2009.

[Struck out->] `TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING` [<-Struck out]

 For necessary expenses for the
development and implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing, $49,490,000
(increased by $15,000,000), to remain available until September 30,
2009: Provided, That if the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines that the
Secure Flight program does not need to check airline passenger names
against the full terrorist watch list, then the Assistant Secretary
shall certify to the Committees on Appropriations of the Senate and the
House of Representatives that no security risks are raised by screening
airline passenger names only against a subset of the full terrorist
watch list.

[Struck out->] `TRANSPORTATION SECURITY SUPPORT` [<-Struck out]

 For necessary expenses of the
Transportation Security Administration related to providing
transportation security support and intelligence pursuant to the
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $526,615,000, to remain available until
September 30, 2009: Provided, That the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate
and the House of Representatives no later than 60 days after the date
of enactment of this Acta detailed expenditure plan for checkpoint
support and explosive detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal year 2008: Provided, further,
That notwithstanding any other provision of law, the acquisition
management system shall be subject to the provisions of the Small
Business Act (15 U.S.C. 631 et seq.).

[Struck out->] `FEDERAL AIR MARSHALS` [<-Struck out]

For necessary expenses of the Federal Air Marshals, $722,000,000.

[Struck out->] `Coast Guard` [<-Struck out]

[Struck out->] `OPERATING EXPENSES` [<-Struck out]

 For necessary expenses for the
operation and maintenance of the Coast Guard not otherwise provided
for; purchase or lease of not to exceed 25 passenger motor vehicles,
which shall be for replacement only; payments pursuant to section 156
of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $5,885,242,000, of which $340,000,000 shall be
for defense-related activities; of which $24,500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); and of which not to exceed $20,000 shall be for official
reception and representation expenses: Provided, That none of
the funds made available by this or any other Act shall be available
for administrative expenses in connection with shipping commissioners
in the United States: Provided further, That none of the
funds made available by this Act shall be for expenses incurred for
yacht documentation under section 12114 of title 46, United States
Code, except to the extent fees are collected from yacht owners and
credited to this appropriation.

[Struck out->] `ENVIRONMENTAL COMPLIANCE AND RESTORATION` [<-Struck out]

 For necessary expenses to carry out
the environmental compliance and restoration functions of the Coast
Guard under chapter 19 of title 14, United States Code, $15,000,000, to
remain available until expended.

[Struck out->] `RESERVE TRAINING` [<-Struck out]

 For necessary expenses of the Coast
Guard Reserve, as authorized by law; operations and maintenance of the
reserve program; personnel and training costs; and equipment and
services; $126,883,000.

[Struck out->] `ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS` [<-Struck out]

[Struck out->] `(INCLUDING RESCISSIONS OF FUNDS)` [<-Struck out]

 For necessary expenses of
acquisition, construction, renovation, and improvement of aids to
navigation, shore facilities, vessels, and aircraft, including
equipment related thereto; and maintenance, rehabilitation, lease and
operation of facilities and equipment, as authorized by law;
$941,767,000, of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which
$9,200,000 shall be available until September 30, 2012, to acquire,
repair, renovate, or improve vessels, small boats, and related
equipment; of which $113,600,000 shall be available until September 30,
2010, for other equipment; of which $37,897,000 shall be available
until September 30, 2010, for shore facilities and aids to navigation
facilities; of which $82,720,000 shall be available for personnel
compensation and benefits and related costs; and of which $698,350,000
shall be available until September 30, 2012, for the Integrated
Deepwater Systems program: Provided, That of the funds made
available for the Integrated Deepwater Systems program, $257,400,000 is
for aircraft and $219,500,000 is for surface ships: Provided further,
That $400,000,000 of the funds provided for the Integrated Deepwater
Systems program may not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure directly from the Coast Guard that--

 (1) defines activities,
milestones, yearly costs, and lifecycle costs for each procurement of a
major asset, including an independent cost estimate for each;

   (2) identifies lifecycle staffing and training needs of Coast Guard project managers and of procurement and contract staff;

(3) identifies competition to be conducted in each procurement;

(4) describes procurement plans that do not rely on a single industry entity or contract;

 (5) contains very limited
indefinite delivery/indefinite quantity contracts and explains the need
for any indefinite delivery/indefinite quantity contracts;

 (6) complies with all
applicable acquisition rules, requirements, and guidelines, and
incorporates the best systems acquisition management practices of the
Federal Government;

 (7) complies with the capital
planning and investment control requirements established by the Office
of Management and Budget, including circular A-11, part 7;

 (8) includes a certification by
the Head of Contracting Activity for the Coast Guard and the Chief
Procurement Officer of the Department of Homeland Security that the
Coast Guard has established sufficient controls and procedures and has
sufficient staffing to comply with all contracting requirements and
that any apparent conflicts of interest have been sufficiently
addressed;

 (9) includes a description of
the process used to act upon deviations from the contractually
specified performance requirements and clearly explains the actions
taken on such deviations;

 (10) includes a certification
that the Assistant Commandant of the Coast Guard for Engineering and
Logistics is designated as the technical authority for all engineering,
design, and logistics decisions pertaining to the Integrated Deepwater
Systems program;

(11) identifies use of the Defense Contract Auditing Agency; and

(12) is reviewed by the Government Accountability Office:

 Provided further, That the
Commandant of the Coast Guard is authorized to dispose of surplus real
property, by sale or lease, and the proceeds shall be credited to this
appropriation as offsetting collections and shall be available until
September 30, 2010: Provided further, That of amounts made
available under this heading in Public Law 109-90 for the Offshore
Patrol Cutter, $68,841,000 is rescinded: Provided further,
That of amounts made available under this heading in Public Law 109-90
and Public Law 109-295 for unmanned aerial vehicles, $38,608,000 is
rescinded: Provided further, That the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, in conjunction with the President's
fiscal year 2009 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan for the
fiscal year; an annual performance comparison of Deepwater assets to
pre-Deepwater legacy assets; a status report of legacy assets; a
detailed explanation of how the costs of legacy assets are being
accounted for within the Deepwater program; and the earned value
management system gold card data for each Deepwater asset: Provided further,
That the Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a comprehensive review of
the Revised Deepwater Implementation Plan every five years, beginning
in fiscal year 2011, that includes a complete projection of the
acquisition costs and schedule for the duration of the plan through
fiscal year 2027: Provided further, That the Secretary shall
annually submit to the Committees on Appropriations of the Senate and
the House of Representatives, at the time that the President's budget
is submitted under section 1105(a) of title 31, United States Code, a
future-years capital investment plan for the Coast Guard that
identifies for each capital budget line item--

(1) the proposed appropriation included in that budget;

(2) the total estimated cost of completion;

 (3) projected funding levels
for each fiscal year for the next five fiscal years or until project
completion, whichever is earlier;

(4) an estimated completion date at the projected funding levels; and

 (5) changes, if any, in the
total estimated cost of completion or estimated completion date from
previous future-years capital investment plans submitted to the
Committees on Appropriations of the Senate and the House of
Representatives:

 Provided further, That the
Secretary shall ensure that amounts specified in the future-years
capital investment plan are consistent to the maximum extent
practicable with proposed appropriations necessary to support the
programs, projects, and activities of the Coast Guard in the
President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year: Provided further, That any inconsistencies between the capital investment plan and proposed appropriations shall be identified and justified.

[Struck out->] `ALTERATION OF BRIDGES` [<-Struck out]

 For necessary expenses for
alteration or removal of obstructive bridges, as authorized by section
6 of the Act of July 16, 1952 (chapter 409; 33 U.S.C. 516),
$16,000,000, to remain available until expended.

[Struck out->] `RESEARCH, DEVELOPMENT, TEST, AND EVALUATION` [<-Struck out]

 For necessary expenses for applied
scientific research, development, test, and evaluation; and for
maintenance, rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $22,583,000 (reduced by $5,000,000),
to remain available until expended, of which $500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.

[Struck out->] `RETIRED PAY` [<-Struck out]

 For retired pay, including the
payment of obligations otherwise chargeable to lapsed appropriations
for this purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career status
bonuses, concurrent receipts and combat-related special compensation
under the National Defense Authorization Act, and payments for medical
care of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,184,720,000, to remain available until
expended.

[Struck out->] `United States Secret Service` [<-Struck out]

[Struck out->] `SALARIES AND EXPENSES` [<-Struck out]

 For necessary expenses of the
United States Secret Service, including purchase of not to exceed 645
vehicles for police-type use for replacement only, and hire of
passenger motor vehicles; purchase of motorcycles made in the United
States; hire of aircraft; services of expert witnesses at such rates as
may be determined by the Director of the Secret Service; rental of
buildings in the District of Columbia, and fencing, lighting, guard
booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; payment of per diem or subsistence allowances to
employees where a protective assignment during the actual day or days
of the visit of a protectee requires an employee to work 16 hours per
day or to remain overnight at a post of duty; conduct of and
participation in firearms matches; presentation of awards; travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if approval is obtained in advance from the Committees on
Appropriations of the Senate and the House of Representatives; research
and development; grants to conduct behavioral research in support of
protective research and operations; and payment in advance for
commercial accommodations as may be necessary to perform protective
functions; $1,392,171,000, of which $853,690,000 is for protective
missions and not to exceed $25,000 shall be for official reception and
representation expenses: Provided, That up to $18,000,000 provided for protective travel shall remain available until September 30, 2009: Provided further,
That the United States Secret Service is authorized to obligate funds
in anticipation of reimbursements from Executive agencies, as defined
in section 105 of title 5, United States Code, receiving training
sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year: Provided further, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes: Provided further, That notwithstanding section
503(b) of this Act, none of the funds provided to the United States
Secret Service by this or any previous appropriations Act shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $2,500,000 or
5 percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 5 percent funding for any
existing program, project, or activity, or reduces by 5 percent numbers
of personnel as approved by the Congress; or (3) results from any
general savings from a reduction in personnel that would result in a
change in existing programs, projects, or activities as approved by
Congress; unless the Committees on Appropriations of the Senate and the
House of Representatives are notified 15 days in advance of such
reprogramming of funds.

[Struck out->] `ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES` [<-Struck out]

 For necessary expenses for
acquisition, construction, repair, alteration, and improvement of
facilities, $3,725,000, to remain available until expended.

[Struck out->] `TITLE III--PROTECTION, PREPAREDNESS, RESPONSE AND RECOVERY` [<-Struck out]

[Struck out->] `National Protection and Programs Directorate` [<-Struck out]

[Struck out->] `MANAGEMENT AND ADMINISTRATION` [<-Struck out]

 For salaries and expenses of the
immediate Office of the Under Secretary for National Protection and
Programs, the National Protection Planning Office, support for
operations, information technology, and Risk Management and Analysis,
$40,346,000: Provided, That not to exceed $5,000 shall be for official reception and representation expenses.

[Struck out->] `INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY` [<-Struck out]

 For necessary expenses for
infrastructure protection and information security programs and
activities, as authorized by title II of the Homeland Security Act of
2002 (6 U.S.C. 121 et seq.), $532,881,000, of which $471,787,000 shall
remain available until September 30, 2009.

[Struck out->] `UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY` [<-Struck out]

 For necessary expenses for the
development of the United States Visitor and Immigrant Status Indicator
Technology project, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1365a), $462,000,000, to remain available until expended: Provided,
That of the total amount made available under this heading,
$232,000,000 may not be obligated for the United States Visitor and
Immigrant Status Indicator Technology project until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure prepared by the Secretary of
Homeland Security that--

 (1) meets the capital planning
and investment control review requirements established by the Office of
Management and Budget, including Circular A-11, part 7;

(2) complies with the Department of Homeland Security information systems enterprise architecture;

 (3) complies with the
acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government;

 (4) includes a certification by
the Chief Information Officer of the Department of Homeland Security
that an independent verification and validation agent is currently
under contract for the project;

 (5) is reviewed and approved by
the Department of Homeland Security Investment Review Board, the
Secretary of Homeland Security, and the Office of Management and
Budget;

(6) is reviewed by the Government Accountability Office;

   (7) includes a comprehensive strategic plan for the United States Visitor and Immigrant Status Indicator Technology project;

 (8) includes a complete
schedule for the full implementation of a biometric exit program or a
certification that such program is not possible within five years; and

 (9) includes a detailed
accounting of operation and maintenance, contractor services, and
program costs associated with the management of identity services:

 Provided further, That
quarterly status reports on the US-VISIT program submitted to the
Committees on Appropriations of the Senate and House of Representatives
shall include reporting on coordination with Western Hemisphere Travel
Initiative planning and implementation, the Secure Border Initiative,
and other Departmental efforts that relate to US-VISIT goals and
activities.

[Struck out->] `Office of Health Affairs` [<-Struck out]

 For the necessary expenses of the
Office of Health Affairs, $117,933,000; of which $25,750,000 is for
salaries and expenses; and of which $92,183,000 is for biosurveillance,
BioWatch, medical readiness planning, chemical response, and other
activities, to remain available until September 30, 2009: Provided, That not to exceed $3,000 shall be for official reception and representation expenses.

[Struck out->] `Federal Emergency Management Agency` [<-Struck out]

[Struck out->] `MANAGEMENT AND ADMINISTRATION` [<-Struck out]

 For necessary expenses for
management and administration of the Federal Emergency Management
Agency, $685,000,000, including activities authorized by the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et
seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed $3,000 shall be for official reception and representation expenses: Provided further,
That of the total amount made available under this heading, $35,000,000
shall be for Urban Search and Rescue, of which not to exceed $1,600,000
may be made available for administrative costs: Provided further, That no less than $6,000,000 shall be for the Office of the National Capital Region Coordination.

[Struck out->] `STATE AND LOCAL PROGRAMS` [<-Struck out]

 For grants, contracts, cooperative
agreements, and other activities, including grants to State and local
governments for terrorism prevention activities, notwithstanding any
other provision of law, $3,101,000,000 (increased by $50,000,000)
(increased by $1,000,000) (increased by $50,000,000), which shall be
allocated as follows:

 (1) $550,000,000 for
formula-based grants and $400,000,000 for law enforcement terrorism
prevention grants pursuant to section 1014 of the USA PATRIOT ACT (42
U.S.C. 3714): Provided, That the application for grants shall
be made available to States within 45 days after the date of enactment
of this Act; that States shall submit applications within 90 days after
the grant announcement; and the Federal Emergency Management Agency
shall act within 90 days after receipt of an application: Provided further,
That not less than 80 percent of any grant under this paragraph to a
State or to Puerto Rico shall be made available by the State or Puerto
Rico to local governments within 60 days after the receipt of the
funds.

 (2) $1,858,000,000 (increased
by $50,000,000) (increased by $50,000,000) for discretionary grants, as
determined by the Secretary of Homeland Security, of which--

(A) $800,000,000 (increased by $50,000,000) shall be for use in high-threat, high-density urban areas;

(B) $400,000,000 shall be for port security grants pursuant to section 70107 of title 46, United States Code;

(C) $10,000,000 shall be for trucking industry security grants;

(D) $11,000,000 shall be for intercity bus security grants;

 (E) $400,000,000 shall be
for intercity rail passenger transportation (as defined in section
24102 of title 49, United States Code), freight rail, and transit
security grants;

(F) $50,000,000 (increased by $50,000,000) shall be for buffer zone protection grants;

(G) $20,000,000 shall be for Commercial Equipment Direct Assistance grants;

(H) $50,000,000 shall be for Metropolitan Medical Response System grants;

(I) $17,000,000 shall be for Citizen Corps grants;

(J) $50,000,000 shall be for interoperable communications grants; and

(K) $50,000,000 shall be for Real ID grants pursuant to Public Law 109-13:

 Provided, That for
grants under subparagraph (A), the application for grants shall be made
available to States within 45 days after the date of enactment of this
Act; that States shall submit applications within 90 days after the
grant announcement; and that the Federal Emergency Management Agency
shall act within 90 days after receipt of an application: Provided further,
That no less than 80 percent of any grant under this paragraph to a
State shall be made available by the State to local governments within
60 days after the receipt of the funds: Provided further,
That for grants under subparagraphs (B) through (K), the applications
for such grants shall be made available for competitive award to
eligible applicants not later than 75 days after the date of enactment
of this Act, that eligible applicants shall submit applications not
later than 45 days after the date of the grant announcement, and that
the Federal Emergency Management Agency shall act on such applications
not later than 60 days after the date on which such an application is
received.

(3) $293,000,000 for training, exercises, technical assistance, and other programs:

 Provided, That none of the
grants provided under this heading shall be used for the construction
or renovation of facilities, except for emergency operations centers: Provided further,
That the preceding proviso shall not apply to grants under
subparagraphs (B), (C), (D), (F), (G), (H), (I), (J), and (K) of
paragraph (2) of this heading: Provided further, That
grantees shall provide additional reports on their use of funds, as
determined necessary by the Secretary of Homeland Security: Provided further,
That funds appropriated for law enforcement terrorism prevention grants
under paragraph (1) of this heading and discretionary grants under
paragraph (2)(A) of this heading shall be available for operational
costs, including personnel overtime and overtime associated with
certified training, as needed.

[Struck out->] `FIREFIGHTER ASSISTANCE GRANTS` [<-Struck out]

 For grants authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), $800,000,000, of which $570,000,000 shall be available to carry
out section 33 of that Act (15 U.S.C. 2229) and $230,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2009: Provided, That not to exceed 5 percent of the amount available under this heading shall be available for program administration.

[Struck out->] `EMERGENCY MANAGEMENT PERFORMANCE GRANTS` [<-Struck out]

 For necessary expenses for
emergency management performance grants, as authorized by the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$300,000,000: Provided, That grants provided under this
heading shall be distributed based on the formula used by the
Department of Homeland Security in fiscal year 2007: Provided further, That total administrative costs shall not exceed 3 percent of the total amount appropriated under this heading.

[Struck out->] `RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM` [<-Struck out]

 The aggregate charges assessed
during fiscal year 2008, as authorized in title III of the Departments
of Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amount the Secretary of Homeland Security
anticipates is necessary for the radiological emergency preparedness
program of the Department of Homeland Security for the next fiscal
year: Provided, That the methodology for the assessment and
collection of fees shall be fair and equitable and shall reflect the
cost of providing such services, including the administrative cost of
collecting such fees: Provided further, That fees received
under this heading shall be deposited in this account as offsetting
collections and shall become available for authorized purposes on
October 1, 2008, and remain available until expended.

[Struck out->] `UNITED STATES FIRE ADMINISTRATION` [<-Struck out]

 For necessary expenses of the
United States Fire Administration and for other purposes, as authorized
by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),
$43,300,000.

[Struck out->] `DISASTER RELIEF` [<-Struck out]

 For necessary expenses in carrying
out the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), $1,700,000,000, to remain available until
expended.

[Struck out->] `DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT` [<-Struck out]

 For activities under section 319 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5162), $875,000, of which $580,000 is for administrative
expenses to carry out the direct loan program under that section and
$295,000 is for the cost of direct loans: Provided, That gross obligations for the principal amount of direct loans under that section shall not exceed $25,000,000: Provided further,
That the cost of a modification of such a loan shall be as defined in
section 502(5)(D) of the Congressional Budget Act of 1974 (2 U.S.C.
661a).

[Struck out->] `FLOOD MAP MODERNIZATION FUND` [<-Struck out]

 For necessary expenses under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), $230,000,000, and such additional sums as may be provided by
State and local governments or other political subdivisions for
cost-shared mapping activities under subsection (f) of such section, to
remain available until expended: Provided, That total administrative costs shall not exceed 3 percent of the total amount appropriated under this heading.

[Struck out->] `NATIONAL FLOOD INSURANCE FUND` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

 For activities under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), $145,000,000,
which is available as follows: (1) not to exceed $45,642,000 for
salaries and expenses associated with flood mitigation and flood
insurance operations; and (2) no less than $99,358,000 for flood hazard
mitigation, which shall be derived from offsetting collections assessed
and collected under section 1307 of the National Flood Insurance Act of
1968 (42 U.S.C. 4014), to remain available until September 30, 2009,
including up to $34,000,000 for flood mitigation expenses under section
1366 of that Act (42 U.S.C. 4104c), which shall be available for
transfer to the National Flood Mitigation Fund under section 1367 of
that Act (42 U.S.C. 4104) until September 30, 2009: Provided,
That any additional fees collected pursuant to section 1307 of that Act
shall be credited as an offsetting collection to this account, to be
available for flood hazard mitigation expenses: Provided further,
That in fiscal year 2008, no funds shall be available from the National
Flood Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in
excess of: (1) $70,000,000 for operating expenses; (2) $773,772,000 for
commissions and taxes of agents; (3) such sums as are necessary for
interest on Treasury borrowings; and (4) $90,000,000 for flood
mitigation actions with respect to severe repetitive loss properties
under section 1361A of that Act (42 U.S.C. 4102a) and repetitive
insurance claims properties under section 1323 of that Act (42 U.S.C.
4030), which shall remain available until expended: Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation.

[Struck out->] `NATIONAL FLOOD MITIGATION FUND` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

 Notwithstanding subparagraphs (B)
and (C) of subsection (b)(3), and subsection (f), of section 1366 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c),
$34,000,000, to remain available until September 30, 2009, for
activities designed to reduce the risk of flood damage to structures
pursuant to such Act, of which $34,000,000 shall be derived from the
National Flood Insurance Fund under section 1310 of that Act (42 U.S.C.
4017).

[Struck out->] `NATIONAL PRE-DISASTER MITIGATION FUND` [<-Struck out]

 For a predisaster mitigation grant
program under title II of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5131 et seq.), $120,000,000, to
remain available until expended: Provided, That grants made
for predisaster mitigation shall be awarded on a competitive basis
subject to the criteria in section 203(g) of such Act (42 U.S.C.
5133(g)): Provided further, That the total administrative
costs associated with such grants shall not exceed 3 percent of the
total amount made available under this heading.

[Struck out->] `EMERGENCY FOOD AND SHELTER` [<-Struck out]

 To carry out an emergency food and
shelter program pursuant to title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to remain
available until expended: Provided, That total administrative costs shall not exceed 3.5 percent of the total amount made available under this heading.

[Struck out->] `TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES` [<-Struck out]

[Struck out->] `United States Citizenship and Immigration Services` [<-Struck out]

   For necessary expenses for citizenship and immigration services,  $30,000,000: Provided,
That collections made pursuant to 8 U.S.C. 1356(u) may not be obligated
until the Committees on Appropriations of the Senate and the House of
Representatives, and the Committee on the Judiciary of the House of
Representatives, receive a strategic transformation plan for United
States Citizenship and Immigration Services that has been reviewed and
approved by the Secretary of Homeland Security and reviewed by the
Government Accountability Office.

[Struck out->] `Federal Law Enforcement Training Center` [<-Struck out]

[Struck out->] `SALARIES AND EXPENSES` [<-Struck out]

 For necessary expenses of the
Federal Law Enforcement Training Center under section 884 of the
Homeland Security Act of 2002 (6 U.S.C. 464), including materials and
support costs of Federal law enforcement basic training; purchase of
not to exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related activities;
the conduct of and participation in firearms matches and presentation
of awards; public awareness and enhancement of community support of law
enforcement training; room and board for student interns; a flat
monthly reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by section 3109
of title 5, United States Code, $219,786,000, of which up to
$43,910,000 shall remain available until September 30, 2008 for
materials and support costs of Federal law enforcement basic training;
of which $300,000 shall remain available until expended for Federal law
enforcement agencies participating in training accreditation, to be
distributed as determined by the Federal Law Enforcement Training
Center for the needs of participating agencies; and of which not to
exceed $12,000 shall be for official reception and representation
expenses: Provided, That section 1202(a) of Public Law
107-206 (42 U.S.C. 3771 note) is amended by striking `December 31,
2007' and inserting `December 31, 2008'.

[Struck out->] `ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES` [<-Struck out]

 For acquisition of necessary
additional real property and facilities, construction, and ongoing
maintenance, facility improvements, and related expenses of the Federal
Law Enforcement Training Center, $43,270,000, to remain available until
expended: Provided, That the Center is authorized to accept
reimbursement to this appropriation from Government agencies requesting
the construction of special use facilities.

[Struck out->] `Science and Technology` [<-Struck out]

[Struck out->] `MANAGEMENT AND ADMINISTRATION` [<-Struck out]

 For salaries and expenses of the
Office of the Under Secretary for Science and Technology and for
management and administration of programs and activities, as authorized
by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), $130,787,000: Provided, That not to exceed $10,000 shall be for official reception and representation expenses.

[Struck out->] `RESEARCH, DEVELOPMENT, ACQUISITION AND OPERATIONS` [<-Struck out]

 For necessary expenses for science
and technology research, including advanced research projects;
development; test and evaluation; acquisition; and operations; as
authorized by title III of the Homeland Security Act of 2002 (6 U.S.C.
181 et seq.); $646,325,000, to remain available until expended: Provided,
That none of the funds made available under this heading shall be
obligated for the Analysis, Dissemination, Visualization, Insight, and
Semantic Enhancement program until the Secretary of Homeland Security
completes a Privacy Impact Assessment.

[Struck out->] `Domestic Nuclear Detection Office` [<-Struck out]

[Struck out->] `MANAGEMENT AND ADMINISTRATION` [<-Struck out]

 For salaries and expenses of the
Domestic Nuclear Detection Office as authorized by the second title
XVIII of the Homeland Security Act of 2002 and for management and
administration of programs and activities, $31,176,000: Provided, That not to exceed $3,000 shall be for official reception and representation expenses.

[Struck out->] `RESEARCH, DEVELOPMENT, AND OPERATIONS` [<-Struck out]

 For necessary expenses for
radiological and nuclear research, development, testing, evaluation and
operations, $316,900,000, to remain available until expended.

[Struck out->] `SYSTEMS ACQUISITION` [<-Struck out]

 For expenses for the Domestic
Nuclear Detection Office acquisition and deployment of radiological
detection systems in accordance with the global nuclear detection
architecture, $168,000,000 (increased by $40,000,000), to remain
available until September 30, 2010: Provided, That none of
the funds appropriated under this heading shall be obligated for
full-scale procurement of Advanced Spectroscopic Portal Monitors until
the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a report
certifying that a significant increase in operational effectiveness
will be achieved by that procurement.

[Struck out->] `TITLE V--GENERAL PROVISIONS` [<-Struck out]

 Sec. 501. No part of any
appropriation contained in this Act shall remain available for
obligation beyond the current fiscal year unless expressly so provided
herein.

 Sec. 502. Subject to the
requirements of section 503 of this Act, the unexpended balances of
prior appropriations provided for activities in this Act may be
transferred to appropriation accounts for such activities established
pursuant to this Act: Provided, That balances so transferred
may be merged with funds in the applicable established accounts and
thereafter may be accounted for as one fund for the same time period as
originally enacted.

 SEC. 503. (a) None of the funds
provided by this Act, provided by previous appropriations Acts to the
agencies in or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year 2008, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds that: (1) creates a new program; (2) eliminates
a program, project, office, or activity; (3) increases funds for any
program, project, or activity for which funds have been denied or
restricted by the Congress; (4) proposes to use funds directed for a
specific activity by either of the Committees on Appropriations of the
Senate or House of Representatives for a different purpose; or (5)
enters into a contract for the performance of any function or activity
for which funds have been appropriated for Federal full-time equivalent
positions; unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of such
reprogramming of funds.

 (b) None of the funds provided by
this Act, provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2008, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in excess of
$5,000,000 or 10 percent, whichever is less, that: (1) augments
existing programs, projects, or activities; (2) reduces by 10 percent
or more the total amount of funding for any existing program, project,
or activity, or numbers of personnel by 10 percent or more as approved
by the Congress; or (3) results from any general savings from a
reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress; unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.

 (c) Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the
Department of Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such appropriations, but
no such appropriations, except as otherwise specifically provided,
shall be increased by more than 10 percent by such transfers: Provided,
That any transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be available
for obligation unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in advance of
such transfer.

 (d) Notwithstanding subsections
(a), (b), and (c), no funds shall be reprogrammed within or transferred
between appropriations after June 30, 2008, except in extraordinary
circumstances which imminently threaten the safety of human life or the
protection of property.

 SEC. 504. None of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the `Department of Homeland
Security Working Capital Fund', except for the activities and amounts
allowed in the President's fiscal year 2008 budget, excluding sedan
service, shuttle service, transit subsidy, mail operations, parking,
and competitive sourcing: Provided, That any additional
activities and amounts shall be approved by the Committees on
Appropriations of the Senate and the House of Representatives 30 days
in advance of obligation.

 SEC. 505. Except as otherwise
specifically provided by law, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2008 from
appropriations for salaries and expenses for fiscal year 2008 in this
Act shall remain available through September 30, 2009, in the account
and for the purposes for which the appropriations were provided: Provided,
That prior to the obligation of such funds, a request shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives for approval in accordance with section 503 of
this Act.

 SEC. 506. Funds made available by
this Act for intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the
enactment of an Act authorizing intelligence activities for fiscal year
2008.

 SEC. 507. The Federal Law
Enforcement Training Accreditation Board shall lead the Federal law
enforcement training accreditation process, to include representatives
from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training, to continue
the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.

 SEC. 508. None of the funds in this
Act may be used to make grant allocations, discretionary grant awards,
discretionary contract awards, or to issue a letter of intent totaling
in excess of $1,000,000, or to announce publicly the intention to make
such awards, unless the Secretary of Homeland Security notifies the
Committees on Appropriations of the Senate and the House of
Representatives at least three full business days in advance: Provided, That no notification shall involve funds that are not available for obligation: Provided further,
That the Administrator of the Federal Emergency Management Agency shall
brief the Committees on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing publicly
the intention of making an award of formula-based grants, law
enforcement terrorism prevention grants, or high-threat, high-density
urban areas grants: Provided further, That such notification
shall include a description of the project or projects to be funded
including the city, county, and State.

 SEC. 509. Notwithstanding any other
provision of law, no agency shall purchase, construct, or lease any
additional facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the Committees on
Appropriations of the Senate and the House of Representatives, except
that the Federal Law Enforcement Training Center is authorized to
obtain the temporary use of additional facilities by lease, contract,
or other agreement for training which cannot be accommodated in
existing Center facilities.

 Sec. 510. The Director of the
Federal Law Enforcement Training Center shall schedule basic or
advanced law enforcement training at all four training facilities under
the control of the Federal Law Enforcement Training Center to ensure
that these training centers are operated at the highest capacity
throughout the fiscal year.

 SEC. 511. None of the funds
appropriated or otherwise made available by this Act may be used for
expenses for any construction, repair, alteration, or acquisition
project for which a prospectus, if required under chapter 33 of title
40, United States Code, has not been approved, except that necessary
funds may be expended for each project for required expenses for the
development of a proposed prospectus.

 SEC. 512. None of the funds in this
Act may be used in contravention of the applicable provisions of the
Buy American Act (41 U.S.C. 10a et seq.).

 SEC. 513. (a) None of the funds
provided by this or previous appropriations Acts may be obligated for
deployment or implementation, on other than a test basis, of the Secure
Flight program or any other follow on or successor passenger
prescreening program, until the Secretary of Homeland Security
certifies, and the Government Accountability Office reports, to the
Committees on Appropriations of the Senate and the House of
Representatives, that all 10 conditions under paragraphs (1) through
(10) of section 522(a) of the Department of Homeland Security
Appropriations Act, 2005 (Public Law 108-334; 118 Stat. 1319) have been
successfully met.

 (b) The report required by
subsection (a) shall be submitted within 90 days after the Secretary
provides the requisite certification, and periodically thereafter, if
necessary, until the Government Accountability Office confirms that all
ten conditions have been successfully met.

 (c) Within 90 days after the date
of enactment of this Act, the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives a detailed plan that describes: (1) the dates for
achieving key milestones, including the date or timeframes that the
Secretary will certify the program under subsection (a); and (2) the
methodology to be followed to support the Secretary's certification, as
required under subsection (a).

 (d) During the testing phase
permitted by subsection (a), no information gathered from passengers,
foreign or domestic air carriers, or reservation systems may be used to
screen aviation passengers, or delay or deny boarding to such
passengers, except in instances where passenger names are matched to a
Government watch list.

 (e) None of the funds provided in
this or any other Act to any part of the Department of Homeland
Security may be utilized to develop or test algorithms assigning risk
to passengers whose names are not on Government watch lists.

 (f) None of the funds provided in
this or any other Act may be used for data or a database that is
obtained from or remains under the control of a non-Federal entity: Provided, That this restriction shall not apply to Passenger Name Record data obtained from air carriers.

 SEC. 514. None of the funds
appropriated by this Act may be used to process or approve a
competition under Office of Management and Budget Circular A-76 for
services provided as of June 1, 2004, by employees (including employees
serving on a temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security who are
known as of that date as Immigration Information Officers, Contact
Representatives, or Investigative Assistants.

 SEC. 515. None of the funds
appropriated to the United States Secret Service by this or any other
Act may be made available for the protection of the head of a Federal
agency other than the Secretary of Homeland Security: Provided,
That the Director of the United States Secret Service may enter into an
agreement to perform such a service on a fully reimbursable basis.

 SEC. 516. (a) Section 513 of the
Department of Homeland Security Appropriations Act, 2005, is amended by
striking `triple' and inserting `double'.

 (b) The amendment made by
subsection (a) shall apply to the percentage of cargo inspected as
required by Security Directives in effect as of the date of enactment
of this Act.

 SEC. 517. (a) The Secretary of
Homeland Security shall research, develop, and procure new technologies
to inspect and screen air cargo carried on passenger aircraft at the
earliest date possible.

 (b) Existing checked baggage
explosive detection equipment and screeners shall be used to screen air
cargo carried on passenger aircraft to the greatest extent practicable
at each airport until technologies developed under subsection (a) are
available.

 (c) Not later than 45 days after
the end of the quarter, the Transportation Security Administration
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a report on air cargo inspection statistics by
airport and air carrier, including any reason for non-compliance with
section 516.

 SEC. 518. None of the funds made
available in this Act may be used by any person other than the Privacy
Officer appointed under section 222 of the Homeland Security Act of
2002 (6 U.S.C. 142) to alter, direct that changes be made to, delay, or
prohibit the transmission to Congress of any report prepared under
paragraph (6) of such section.

 SEC. 519. No funding provided in
this or any other Act shall be available to pay the salary of any
employee serving as a contracting officer's technical representative
(COTR), or anyone acting in a similar capacity, who has not received
COTR training.

 SEC. 520. Except as provided in
section 44945 of title 49, United States Code, funds appropriated or
transferred to Transportation Security Administration `Aviation
Security', `Administration' and `Transportation Security Support' for
fiscal years 2004, 2005, 2006, and 2007 that are recovered or
deobligated shall be available only for the procurement or installation
of explosive detection systems, for air cargo, baggage, and checkpoint
screening systems, subject to notification: Provided, That
quarterly reports shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives on any
funds that are recovered or deobligated.

   SEC. 521. Section 525 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295), is amended--

 (1) in subsection (a)(2)(A) by
inserting `identifies and describes the specific risk to the national
transportation system and therefore' after `information';

(2) in subsection (d) by striking `like that' and inserting `identical to those'; and

(3) by adding at the end the following:

 `(e) For the purposes of this
section, the term `party's counsel' includes any employee who assists
counsel in legal proceedings and who is so designated by counsel and
approved by the judge overseeing the legal proceedings.'.

 SEC. 522. The Department of
Homeland Security Working Capital Fund, established pursuant to section
403 of Public Law 103-356 (31 U.S.C. 501 note), shall continue
operations during fiscal year 2008.

 SEC. 523. (a) The report required
by Public Law 109-62 and Public Law 109-90 detailing the allocation and
obligation of funds for `Disaster Relief' shall hereafter be submitted
monthly and include: (1) status of the Disaster Relief Fund including
obligations, allocations, and amounts undistributed/unallocated; (2)
allocations, obligations, and expenditures for Hurricanes Katrina,
Rita, and Wilma; (3) information on national flood insurance claims;
(4) information on manufactured housing data; (5) information on hotel
and motel data; (6) obligations, allocations, and expenditures by State
for unemployment, crisis counseling, inspections, housing assistance,
manufactured housing, public assistance, and individual assistance; (7)
mission assignment obligations by agency, including: (A) the amounts
reimbursed to other agencies that are in suspense because the Federal
Emergency Management Agency has not yet reviewed and approved the
documentation supporting the expenditure; and (B) a disclaimer if the
amounts of reported obligations and expenditures do not reflect the
status of such obligations and expenditures from a government-wide
perspective; (8) the amount of credit card purchases by agency and
mission assignment; (9) specific reasons for all waivers granted and a
description of each waiver; and (10) a list of all contracts that were
awarded on a sole source or limited competition basis, including the
dollar amount, the purpose of the contract and the reason for the lack
of competitive award.

 (b) The Secretary of Homeland
Security shall, at least quarterly, obtain and report from each agency
performing mission assignments each such agency's actual obligation and
expenditure data and include such data in the report referred to in
subsection (a).

 (c) For any request for
reimbursement from a Federal agency to the Department of Homeland
Security to cover expenditures under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any
mission assignment orders issued by the Department of Homeland Security
for such purposes, the Secretary of Homeland Security shall take
appropriate steps to ensure that each agency is periodically reminded
of Department of Homeland Security policies on--

(1) the detailed information required in supporting documentation for reimbursements; and

(2) the necessity for timeliness of agency billings.

 SEC. 524. Within 45 days after the
close of each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget and
staffing report that includes total obligations and on-board versus
funded full-time equivalent staffing levels.

SEC. 525. Section 532(a) of Public Law 109-295 is amended by striking `2007' and inserting `2008'.

 SEC. 526. None of the funds made
available by this Act shall be used in contravention of the Federal
buildings performance and reporting requirements of Executive Order No.
13123, part 3 of title V of the National Energy Conservation Policy Act
(42 U.S.C. 8251 et seq.), or subtitle A of title I of the Energy Policy
Act of 2005 (including the amendments made thereby).

 SEC. 527. The functions of the
Federal Law Enforcement Training Center instructor staff shall be
classified as inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).

 SEC. 528. None of the funds made
available in this Act may be used in contravention of section 303 of
the Energy Policy Act of 1992 (42 U.S.C. 13212).

 SEC. 529. None of the funds made
available by this Act may be used to take an action that would violate
Executive Order No. 13149 (65 Fed. Reg. 24607; relating to greening the
Government through Federal fleet and transportation efficiency).

 SEC. 530. (a) IN GENERAL- Any
contract, subcontract, task or delivery order described in subsection
(b) shall contain the following:

 (1) A requirement for a
technical review of all designs, design changes, and engineering change
proposals, and a requirement to specifically address all engineering
concerns identified in the review before the obligation of further
funds may occur.

   (2) A requirement that the Coast Guard maintain technical warrant holder authority, or the equivalent, for major assets.

 (3) A requirement that no
procurement subject to subsection (b) for lead asset production or the
implementation of a major design change shall be entered into unless an
independent third party with no financial interest in the development,
construction, or modification of any component of the asset, selected
by the Commandant of the Coast Guard, determines that such action is
advisable.

(4) A requirement for independent life-cycle cost estimates of lead assets and major design and engineering changes.

 (5) A requirement for the
measurement of contractor and subcontractor performance based on the
status of all work performed. For contracts under the Integrated
Deepwater Systems program, such requirement shall include a provision
that links award fees to successful acquisition outcomes (which shall
be defined in terms of cost, schedule, and performance).

 (6) A requirement that the
Commandant of the Coast Guard assign an appropriate officer or employee
of the Coast Guard to act as chair of each integrated product team and
higher-level team assigned to the oversight of each integrated product
team.

 (7) A requirement that the
Commandant of the Coast Guard may not award or issue any contract, task
or delivery order, letter contract modification thereof, or other
similar contract, for the acquisition or modification of an asset under
a procurement subject to subsection (b) unless the Coast Guard and the
contractor concerned have formally agreed to all terms and conditions
or the head of contracting activity of the Coast Guard determines that
a compelling need exists for the award or issue of such instrument.

(b) CONTRACTS, SUBCONTRACTS, TASK AND DELIVERY ORDERS COVERED- Subsection (a) applies to--

(1) any major procurement contract, first-tier subcontract, delivery or task order entered into by the Coast Guard;

(2) any first-tier subcontract entered into under such a contract; and

(3) any task or delivery order issued pursuant to such a contract or subcontract.

 (c) REPORTS- Not later than 30 days
after the date of enactment of this Act, the Commandant of the Coast
Guard shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives: (1) a report on the
resources (including training, staff, and expertise) required by the
Coast Guard to provide appropriate management and oversight of the
Integrated Deepwater Systems program; and (2) a report on how the Coast
Guard will utilize full and open competition for any contract entered
into after the date of enactment of the Act that provides for the
acquisition or modification of assets under, or in support of, the
Integrated Deepwater Systems program.

 SEC. 531. None of the funds
provided by this or any other Act may be obligated for the development,
testing, deployment, 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. 532. (a) AMENDMENTS- Section
550 of the Department of Homeland Security Appropriations Act, 2007 (6
U.S.C. 121 note) is amended--

(1) in subsection (c), by striking `consistent with similar' and inserting `identical to the protections given';

 (2) in subsection (c), by
striking `, site security plans, and other information submitted to or
obtained by the Secretary under this section, and related vulnerability
or security information, shall be treated as if the information were
classified material' and inserting `and site security plans shall be
treated as sensitive security information (as that term is used in
section 1520.5 of title 49, Code of Federal Regulations, or any
subsequent regulations relating to the same matter)'; and

(3) by adding at the end of the section the following:

 `(h) This section shall not
preclude or deny any right of any State or political subdivision
thereof to adopt or enforce any regulation, requirement, or standard of
performance with respect to chemical facility security that is more
stringent than a regulation, requirement, or standard of performance
issued under this section, or otherwise impair any right or
jurisdiction of any State with respect to chemical facilities within
that State.'.

 (b) REGULATORY CLARIFICATION- Not
later than 30 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall update the regulations
administered by the Secretary that govern sensitive security
information, including 49 CFR 1520, to reference all information
required to be protected under section 550(c) of the Department of
Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note), as
amended by subsection (a).

 SEC. 533. The Commissioner of
United States Customs and Border Protection shall, not later than July
1, 2008, establish for the United States Customs and Border Protection
Officer (CBPO) position, a new classification (`CBPO/LEO'), which shall
be identical to the current position description for a CBPO, and
include, but not be limited to, eligibility for treatment accorded to
law enforcement officers under subchapter III of chapter 83, and
chapter 84 of title 5, United States Code. In developing the new
classification, the Commissioner shall consult with the Office of
Personnel Management, as well as employee groups that represent CBPOs.
The option to elect to serve as a CBPO/LEO shall be available to all
CBPOs who enter into service on or after July 1, 2008, as well as to
incumbent CBPOs currently serving on July 1, 2008, who meet the maximum
age requirements to serve in a law enforcement officer position.

 SEC. 534. In fiscal year 2008, none
of funds made available in this or any other Act may be used to enforce
section 4025(1) of Public Law 108-458 if the Assistant Secretary
(Transportation Security Administration) determines that butane
lighters are not a significant threat to civil aviation security: Provided,
That the Assistant Secretary (Transportation Security Administration)
shall notify the Committee on Appropriations of the Senate and the
House of Representatives 15 days in advance of such determination
including a report on whether the effectiveness of screening operations
is enhanced by suspending enforcement of the prohibition: Provided further,
That if the Assistant Secretary has previously submitted a report
pursuant to Section 530 of Public Law 108-458, no further report shall
be required.

 SEC. 535. 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 enactment of this Act.

 SEC. 536. None of the funds
appropriated in this Act may be used for a grant or contract for any
project that does not comply with the requirements of subchapter IV of
chapter 31 of title 40, United States Code: Provided, That the President may suspend the provisions of such subchapter during a national emergency.

 SEC. 537. None of the funds
appropriated in this Act may be obligated for a grant or contract
awarded by a means other than full and open competition, other than a
grant distributed by a formula or other mechanism that is required by
statute. The Secretary of Homeland Security may waive the application
of this subsection during a national emergency.

SEC. 538. None of the funds provided in this Act shall be available to carry out section 872 of Public Law 107-296.

 SEC. 539. Section 44940(a)(2) of
title 49, United States Code, is amended by striking the last sentence
of subparagraph (A), and clause (iv) of subparagraph (B).

[Struck out->] `(RESCISSION OF FUNDS)` [<-Struck out]

 SEC. 540. From the unobligated
balances of funds transferred to the Department of Homeland Security
when it was created in 2003, excluding mandatory appropriations,
$55,273,000 is rescinded, of which $12,084,003 shall be rescinded from
Departmental Operations.

 SEC. 541. None of the funds
provided by this or previous appropriation Acts shall be used to fund
any position designated as a Principal Federal Official during any
declared disasters or emergencies.

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 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 U.S. Citizenship and Immigration
Services to grant an immigration benefit to any individual unless all
criminal history and other background checks required for the benefit
have been completed, the results of such checks have been received by
U.S. 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 to pasture any
horse or mule belonging to the Unites States that has become unfit for
service.

[Struck out->] `SEC. 545. CRITICAL INFRASTRUCTURE VULNERABILITY.` [<-Struck out]

 None of the funds in this Act may
be used to limit the implementation of Homeland Security Presidential
Directive 7 (HSPD-7).

 SEC. 546. None of the funds made
available in this Act may be used to implement any plan developed under
section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) before June 1,
2009.

 SEC. 547. None of the funds made
available in this Act may be used in contravention of section 642(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(a)).

 SEC. 548. The Amount otherwise
provided by this Act for `Firefighter Assistance Grants' is hereby
increased by $5,058,000, which shall be available to carry out section
34 of the Federal Fire Prevention and Control Act of 1974.

This Act may be cited as the `Department of Homeland Security Appropriations Act, 2008'.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2008, for the Department of Homeland Security and for other purposes, namely:

TITLE I

DEPARTMENT OF HOMELAND SECURITY

DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of the Department of Homeland Security, as authorized by law, $100,000,000: Provided, That not to exceed $40,000 shall be for official reception and representation expenses: Provided further, That $15,000,000 shall not be available for obligation until the Secretary certifies and reports to the Committees on Appropriations of the Senate and the House of Representatives that the Department has revised Departmental guidance with respect to relations with the Government Accountability Office to specifically provide for: (1) expedited timeframes for providing the Government Accountability Office with access to records not to exceed 20 days from the date of request; (2) expedited timeframes for interviews of program officials by the Government Accountability Office after reasonable notice has been furnished to the Department by the Government Accountability Office; and (3) a significant streamlining of the review process for documents and interview requests by liaisons, counsel, and program officials, consistent with the objective that the Government Accountability Office be given timely and complete access to documents and agency officials: Provided further, That the Secretary shall make the revisions to Departmental guidance with respect to relations with the Government Accountability Office in consultation with the Comptroller General of the United States.

Office of the Under Secretary for Management

For necessary expenses of the Office of the Under Secretary for Management, as authorized by sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), $234,883,000, of which not to exceed $3,000 shall be for official reception and representation expenses: Provided, That of the total amount, $6,000,000 shall remain available until expended solely for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters operations; and $88,000,000 shall remain available until expended for the Consolidated Headquarters Project.

Office of the Chief Financial Officer

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

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $321,100,000; of which $82,400,000 shall be available for salaries and expenses; and of which $238,700,000, to remain available until expended, shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security, of which $97,300,000 shall be for the National Center for Critical Information Processing and Storage: Provided, That none of the funds appropriated shall be used to support or supplement the appropriations provided for the United States Visitor and Immigrant Status Indicator Technology project or the Automated Commercial Environment.

Analysis and Operations

For necessary expenses for information analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain available until September 30, 2009, of which not to exceed $5,000 shall be for official reception and representation expenses: Provided, That the Director of Operations Coordination shall encourage rotating State and local fire service representation at the National Operations Center.

Office of the Federal Coordinator for Gulf Coast Rebuilding

For necessary expenses of the Office of the Federal Coordinator for Gulf Coast Rebuilding, $3,000,000: Provided, That $1,000,000 shall not be available for obligation until the Committees on Appropriations of the Senate and the House of Representatives receive an expenditure plan for fiscal year 2008.

Office of Inspector General

OPERATING EXPENSES

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $95,211,000, of which not to exceed $150,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General: Provided, That the Inspector General shall investigate decisions made regarding, and the policy of the Federal Emergency Management Agency relating to, formaldehyde in trailers in the Gulf Coast region, the process used by the Federal Emergency Management Agency for collecting, reporting, and responding to health and safety concerns of occupants of housing supplied by the Federal Emergency Management Agency (including such housing supplied through a third party), and whether the Federal Emergency Management Agency adequately addressed public health and safety issues of households to which the Federal Emergency Management Agency provides disaster housing (including whether the Federal Emergency Management Agency adequately notified recipients of such housing, as appropriate, of potential health and safety concerns and whether the institutional culture of the Federal Emergency Management Agency properly prioritizes health and safety concerns of recipients of assistance from the Federal Emergency Management Agency), and submit a report to Congress relating to that investigation, including any recommendations.

TITLE II

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to border security, immigration, customs, and agricultural inspections and regulatory activities related to plant and animal imports; purchase and lease of up to 4,500 (2,400 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $6,601,058,000; of which $230,316,000 shall remain available until September 30, 2009, to support software development, equipment, contract services, and the implementation of inbound lanes and modification to vehicle primary processing lanes at ports of entry; of which $15,000,000 shall be used to procure commercially available technology in order to expand and improve the risk-based approach of the Department of Homeland Security to target and inspect cargo containers under the Secure Freight Initiative and the Global Trade Exchange; of which $3,093,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for official reception and representation expenses; of which not less than $226,740,000 shall be for Air and Marine Operations; of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; of which $40,000,000 shall be utilized to develop and implement a Model Ports of Entry program and provide resources necessary for 200 additional U.S. Customs and Border Protection officers at the 20 United States international airports that have the highest number of foreign visitors arriving annually as determined pursuant to the most recent data collected by U.S. Customs and Border Protection available on the date of enactment of this Act, to provide a more efficient and welcoming international arrival process in order to facilitate and promote business and leisure travel to the United States while also improving security; and of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided, That for fiscal year 2008, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated by this Act may be available to compensate any employee of U.S. Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies.

AUTOMATION MODERNIZATION

For expenses for customs and border protection automated systems, $476,609,000, to remain available until expended, of which not less than $316,969,000 shall be for the development of the Automated Commercial Environment: Provided, That of the total amount made available under this heading, $216,969,000 may not be obligated for the Automated Commercial Environment until the Committees on Appropriations of the Senate and the House of Representatives receive a plan for expenditure prepared by the Secretary of Homeland Security that includes:

(1) a detailed accounting of the program's progress to date relative to system capabilities or services, system performance levels, mission benefits and outcomes, milestones, cost targets, and program management capabilities;

(2) an explicit plan of action defining how all funds are to be obligated to meet future program commitments, with the planned expenditure of funds linked to the milestone-based delivery of specific capabilities, services, performance levels, mission benefits and outcomes, and program management capabilities;

(3) a listing of all open Government Accountability Office and Office of Inspector General recommendations related to the program and the status of Department of Homeland Security actions to address the recommendations, including milestones for fully addressing them;

(4) a certification by the Chief Financial Officer of the Department that the program has been reviewed and approved in accordance with the investment management process of the Department, and that the process fulfills all capital planning and investment control requirements and reviews established by the Office of Management and Budget, including Circular A-11, part 7;

(5) a certification by the Chief Information Officer of the Department that an independent validation and verification agent has and will continue to actively review the program;

(6) a certification by the Chief Information Officer of the Department that the system architecture of the program is sufficiently aligned with the information systems enterprise architecture of the Department to minimize future rework, including a description of all aspects of the architectures that were and were not assessed in making the alignment determination, the date of the alignment determination, any known areas of misalignment along with the associated risks and corrective actions to address any such areas;

(7) a certification by the Chief Procurement Officer of the Department that the plans for the program comply with the Federal acquisition rules, requirements, guidelines, and practices, and a description of the actions being taken to address areas of non-compliance, the risks associated with them along with any plans for addressing these risks and the status of their implementation;

(8) a certification by the Chief Information Officer of the Department that the program has a risk management process that regularly identifies, evaluates, mitigates, and monitors risks throughout the system life cycle, and communicates high-risk conditions to agency and department heads, as well as a listing of all the program's high risks and the status of efforts to address them; and

(9) a certification by the Chief Human Capital Officer of the Department that the human capital needs of the program are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the plans discussed in the report.

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For expenses for customs and border protection fencing, infrastructure, and technology, $1,000,000,000, to remain available until expended: Provided, That of the amount provided under this heading, $500,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure, prepared by the Secretary of Homeland Security and submitted within 90 days after the date of enactment of this Act, that includes:

(5) a certification by the Chief Information Officer of the Department that an independent validation and verification agent has and will continue to actively review the program;

(10) a description of initial plans for securing the Northern border and United States maritime border; and

(11) which is reviewed by the Government Accountability Office.

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aircraft systems, and other related equipment of the air and marine program, including operational training and mission-related travel, and rental payments for facilities occupied by the air or marine interdiction and demand reduction programs, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts, $488,947,000, to remain available until expended: Provided, That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified as excess to United States Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2008 without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives.

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $274,863,000, to remain available until expended; of which $40,200,000 shall be for the Advanced Training Center.

U.S. Immigration and Customs Enforcement

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations; and purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; $4,401,643,000, of which not to exceed $7,500,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed $15,000 shall be for official reception and representation expenses; of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $102,000 shall be for promotion of public awareness of the child pornography tipline; of which not less than $203,000 shall be for Project Alert; of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled illegal aliens: Provided, That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount as necessary for national security purposes and in cases of immigration emergencies: Provided further, That of the total amount provided, $15,770,000 shall be for activities to enforce laws against forced child labor in fiscal year 2008, of which not to exceed $6,000,000 shall remain available until expended.

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally-owned and leased buildings and for the operations of the Federal Protective Service: Provided, That the Secretary of Homeland Security and the Director of the Office of Management and Budget shall certify in writing to the Committees on Appropriations of the Senate and the House of Representatives no later than November 1, 2007, that the operations of the Federal Protective Service will be fully funded in fiscal year 2008 through revenues and collection of security fees: Provided further, That a certification shall be provided no later than February 10, 2008, for fiscal year 2009: Provided further, That the Secretary of Homeland Security shall ensure that the workforce of the Federal Protective Service includes not fewer than 1,200 Commanders, Police Officers, Inspectors, and Special Agents engaged on a daily basis in protecting Federal buildings (under this heading referred to as `in-service') contingent on the availability of sufficient revenue in collections of security fees in this account for this purpose: Provided further, That the Secretary of Homeland Security and the Director of the Office of Management and Budget shall adjust fees as necessary to ensure full funding of not fewer than 1,200 in-service Commanders, Police Officers, Inspectors, and Special Agents at the Federal Protective Service.

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement automated systems, $15,000,000, to remain available until expended: Provided, That of the funds made available under this heading, $5,000,000 may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive a plan for expenditure prepared by the Secretary of Homeland Security.

CONSTRUCTION

Transportation Security Administration

AVIATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,042,559,000, to remain available until September 30, 2009, of which not to exceed $10,000 shall be for official reception and representation expenses: Provided, That of the total amount made available under this heading, not to exceed $4,074,889,000 shall be for screening operations, of which $529,400,000 shall be available only for procurement and installation of checked baggage explosive detection systems; and not to exceed $967,445,000 shall be for aviation security direction and enforcement: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further, That the sum herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2008, so as to result in a final fiscal year appropriation from the General Fund estimated at not more than $2,332,344,000: Provided further, That any security service fees collected in excess of the amount made available under this heading shall become available during fiscal year 2009: Provided further, That Members of the United States House of Representatives and United States Senate, including the leadership; and the heads of Federal agencies and commissions, including the Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General and Assistant Attorneys General and the United States attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget; shall not be exempt from Federal passenger and baggage screening.

SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $41,413,000, to remain available until September 30, 2009.

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat Assessment and Credentialing, $67,490,000, to remain available until September 30, 2009.

TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to providing transportation security support and intelligence pursuant to the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $521,515,000, to remain available until September 30, 2009: Provided, That of the funds appropriated under this heading, $20,000,000 may not be obligated until the Secretary of Homeland Security submits to the Committees on Appropriations of the Senate and the House of Representatives a strategic plan required for checkpoint technologies as described in the joint explanatory statement of managers accompanying the fiscal year 2007 conference report (H. Rept. 109-699): Provided further, That this plan shall be submitted no later than 60 days after the date of enactment of this Act.

FEDERAL AIR MARSHALS

For necessary expenses of the Federal Air Marshals, $722,000,000.

United States Coast Guard

OPERATING EXPENSES

For necessary expenses for the operation and maintenance of the United States Coast Guard not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $5,930,545,000, of which $340,000,000 shall be for defense-related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed $10,000 shall be for official reception and representation expenses: Provided, That none of the funds made available by this or any other Act shall be available for administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds made available by this Act shall be for expenses incurred for yacht documentation under section 12109 of title 46, United States Code, except to the extent fees are collected from yacht owners and credited to this appropriation.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the United States Coast Guard under chapter 19 of title 14, United States Code, $12,079,000, to remain available until expended.

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program; personnel and training costs; and equipment and services; $126,883,000.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

(INCLUDING RESCISSIONS OF FUNDS)

For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law; $1,048,068,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $9,200,000 shall be available until September 30, 2012, to acquire, repair, renovate, or improve vessels, small boats, and related equipment; of which $173,600,000 shall be available until September 30, 2010, for other equipment; of which $37,897,000 shall be available until September 30, 2010, for shore facilities and aids to navigation facilities; of which $505,000 shall be available for personnel related costs; and of which $770,079,000 shall be available until September 30, 2012, for the Integrated Deepwater Systems program: Provided, That no funds shall be available for procurements related to the acquisition of additional major assets as part of the Integrated Deepwater Systems program not already under contract until an Alternatives Analysis has been completed by an independent qualified third party: Provided further, That no funds contained in this Act shall be available for procurement of the third National Security Cutter until an Alternatives Analysis has been completed by an independent qualified third party: Provided further, That the Commandant of the Coast Guard is authorized to dispose of surplus real property, by sale or lease, and the proceeds shall be credited to this appropriation as offsetting collections and shall be available until September 30, 2010: Provided further, That of amounts made available under this heading in Public Law 109-90, $48,787,000 for the Offshore Patrol Cutter are rescinded: Provided further, That of the amounts made available under this heading in Public Law 109-295, $8,000,000 for the Fast Response Cutter (FRC-A) are rescinded: Provided further, That the Secretary shall submit an expenditure plan to the Committees on Appropriations of the Senate and the House of Representatives within 60 days after the date of enactment of this Act for funds made available for the Integrated Deepwater Program, that: (1) defines activities, milestones, yearly costs, and life-cycle costs for each procurement of a major asset; (2) identifies life-cycle staffing and training needs of Coast Guard project managers and of procurement and contract staff; (3) includes a certification by the Chief Human Capital Officer of the Department that current human capital capabilities are sufficient to execute the plans discussed in the report; (4) identifies individual project balances by fiscal year, including planned carryover into fiscal year 2009 by project; (5) identifies operational gaps for all Deepwater assets and an explanation of how funds provided in this Act address the shortfalls between current operational capabilities and requirements; (6) includes a listing of all open Government Accountability Office and Office of Inspector General recommendations related to the program and the status of Coast Guard actions to address the recommendations, including milestones for fully addressing them; (7) includes a certification by the Chief Financial Officer of the Department that the program has been reviewed and approved in accordance with the investment management process of the Department, and that the process fulfills all capital planning and investment control requirements and reviews established by the Office of Management and Budget, including Circular A-11, part 7; (8) identifies competition to be conducted in each procurement; (9) includes a certification by the head of contracting activity for the Coast Guard and the Chief Procurement Officer of the Department that the plans for the program comply with the Federal acquisition rules, requirements, guidelines, and practices, and a description of the actions being taken to address areas of non-compliance, the risks associated with them along with plans for addressing these risks and the status of their implementation; (10) identifies the use of independent validation and verification; and (11) is reviewed by the Government Accountability Office: Provided further, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction with the President's fiscal year 2009 budget, a review of the Revised Deepwater Implementation Plan that identifies any changes to the plan for the fiscal year; an annual performance comparison of Deepwater assets to pre-Deepwater legacy assets; a status report of legacy assets; a detailed explanation of how the costs of legacy assets are being accounted for within the Deepwater program; and the earned value management system gold card data for each Deepwater asset: Provided further, That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives a comprehensive review of the Revised Deepwater Implementation Plan every five years, beginning in fiscal year 2011, that includes a complete projection of the acquisition costs and schedule for the duration of the plan through fiscal year 2027: Provided further, That the Secretary shall annually submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget is submitted under section 1105(a) of title 31, United States Code, a future-years capital investment plan for the Coast Guard that identifies for each capital budget line item--

(1) the proposed appropriation included in that budget;

(2) the total estimated cost of completion;

(3) projected funding levels for each fiscal year for the next five fiscal years or until project completion, whichever is earlier;

(4) an estimated completion date at the projected funding levels; and

(5) changes, if any, in the total estimated cost of completion or estimated completion date from previous future-years capital investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives:

Provided further, That the Secretary shall ensure that amounts specified in the future-years capital investment plan are consistent to the maximum extent practicable with proposed appropriations necessary to support the programs, projects, and activities of the Coast Guard in the President's budget as submitted under section 1105(a) of title 31, United States Code, for that fiscal year: Provided further, That any inconsistencies between the capital investment plan and proposed appropriations shall be identified and justified.

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 516), $16,000,000, to remain available until expended.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $25,583,000, to remain available until expended, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation.

RETIRED PAY

For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, concurrent receipts and combat-related special compensation under the National Defense Authorization Act, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,184,720,000, to remain available until expended.

United States Secret Service

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service, including purchase of not to exceed 645 vehicles for police-type use, which shall be for replacement only, and hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director of the Secret Service; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment of per diem or subsistence allowances to employees where a protective assignment during the actual day or days of the visit of a protectee requires an employee to work 16 hours per day or to remain overnight at a post of duty; conduct of and participation in firearms matches; presentation of awards; travel of Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; $1,392,171,000, of which not to exceed $25,000 shall be for official reception and representation expenses; of which not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related support of investigations of missing and exploited children; and of which $6,000,000 shall be a grant for activities related to the investigations of missing and exploited children and shall remain available until expended: Provided, That up to $18,000,000 provided for protective travel shall remain available until September 30, 2009: Provided further, That the United States Secret Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States Code, receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under this heading at the end of the fiscal year.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

For necessary expenses for acquisition, construction, repair, alteration, and improvement of facilities, $3,725,000, to remain available until expended.

TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

National Protection and Programs Directorate

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the immediate Office of the Under Secretary for National Protection and Programs, the National Protection Planning Office, support services for business operations and information technology, and facility costs, $30,000,000: Provided, That of the amount provided, $15,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and approve in full an expenditure plan by program, project, and activity; prepared by the Secretary of Homeland Security that has been reviewed by the Government Accountability Office.

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) or subtitle J of title VIII of the Homeland Security Act of 2002, as added by this Act, $527,099,000, of which $497,099,000 shall remain available until September 30, 2009, and of which, $2,000,000 shall be to carry out subtitle J of title VIII of the Homeland Security Act of 2002, as added by this Act: Provided, That $10,043,000 shall be for the Office of Bombing Prevention and not more than $26,100,000 shall be for the Next Generation Network.

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

For necessary expenses for the development of the United States Visitor and Immigrant Status Indicator Technology project, as authorized by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $362,000,000, to remain available until expended: Provided, That of the total amount made available under this heading, $100,000,000 may not be obligated for the United States Visitor and Immigrant Status Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security that includes:

(5) a certification by the Chief Information Officer of the Department that an independent validation and verification agent has and will continue to actively review the program;

(10) which is reviewed by the Government Accountability Office.

Office of Health Affairs

For the necessary expenses of the Office of Health Affairs, $115,000,000; of which $20,817,000 is for salaries and expenses; and of which $94,183,000 is for biosurveillance, biowatch, chemical response, and related activities for the Department of Homeland Security, to remain available until September 30, 2009: Provided, That not to exceed $3,000 shall be for official reception and representation expenses.

Federal Emergency Management Agency

MANAGEMENT AND ADMINISTRATION

For necessary expenses for management and administration, $678,600,000, including activities authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That not to exceed $3,000 shall be for official reception and representation expenses: Provided further, That $426,020,000 shall be for Operations Activities: Provided further, That $216,580,000 shall be for Management Activities: Provided further, That $6,000,000 shall be for the Office of the National Capital Region Coordination: Provided further, That for purposes of planning, coordination, execution, and decisionmaking related to mass evacuation during a disaster, the Governors of the State of West Virginia and the Commonwealth of Pennsylvania, or their designees, shall be incorporated into efforts to integrate the activities of Federal, State, and local governments in the National Capital Region, as defined in section 882 of Public Law 107-296, the Homeland Security Act of 2002: Provided further, That of the total amount made available under this heading, $30,000,000 shall be for Urban Search and Rescue Teams, of which not to exceed $1,600,000 may be made available for administrative costs: Provided further, That of the total amount made available under this heading, $1,000,000 shall be to develop a web-based version of the National Fire Incident Reporting System that will ensure that fire-related data can be submitted and accessed by fire departments in real time: Provided further, That not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall, as appropriate, update training practices for all customer service employees, employees in the Office of General Counsel, and other appropriate employees of the Federal Emergency Management Agency relating to addressing health concerns of recipients of assistance from the Federal Emergency Management Agency.

STATE AND LOCAL PROGRAMS

For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism prevention activities, notwithstanding any other provision of law, $3,130,500,000, which shall be allocated as follows:

(1) $525,000,000 for formula-based grants and $375,000,000 for law enforcement terrorism prevention grants, to be allocated in accordance with section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That not to exceed 3 percent of these amounts shall be available for program administration: Provided further, That the application for grants shall be made available to States within 45 days after the date of enactment of this Act; that States shall submit applications within 90 days after the grant announcement; and the Federal Emergency Management Agency shall act within 90 days after receipt of an application: Provided further, That, in the event established timeframes detailed in the preceding proviso for departmental actions are missed, funding for the Immediate Office of the Deputy Secretary shall be reduced by $1,000 per day until such actions are executed: Provided further, That not less than 80 percent of any grant under this paragraph to a State shall be made available by the State to local governments within 60 days after the receipt of the funds; except in the case of Puerto Rico, where not less than 50 percent of any grant under this paragraph shall be made available to local governments within 60 days after the receipt of the funds.

(2) $1,836,000,000 for discretionary grants, as determined by the Secretary of Homeland Security, of which--

(A) $820,000,000 shall be for use in high-threat, high-density urban areas, of which $20,000,000 shall be available for assistance to organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax section 501(a) of such code) determined by the Secretary to be at high-risk of a terrorist attack;

(B) $50,000,000 shall be for the Regional Catastrophic Preparedness Grants;

(C) $400,000,000 shall be for infrastructure protection grants related to port security pursuant to 46 U.S.C. 70107;

(D) $16,000,000 shall be for infrastructure protection grants related to trucking industry security;

(E) $12,000,000 shall be for infrastructure protection grants related to intercity bus security;

(F) $400,000,000 shall be for infrastructure protection grants related to intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code), freight rail, and transit security;

(G) $50,000,000 shall be for infrastructure protection grants related to buffer zone protection;

(H) $40,000,000 shall be available for the Commercial Equipment Direct Assistance Program;

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

(J) $15,000,000 shall be for Citizens Corps:

Provided, That not to exceed 3 percent of subparagraphs (A)-(J) shall be available for program administration: Provided further, That for grants under subparagraphs (A), (B), and (J), the application for grants shall be made available to States within 45 days after the date of enactment of this Act; that States shall submit applications within 90 days after the grant announcement; and that the Federal Emergency Management Agency shall act within 90 days after receipt of an application: Provided further, That, in the event established timeframes detailed in the preceding proviso for departmental actions are missed, funding for the Immediate Office of the Deputy Secretary shall be reduced by $1,000 per day until such actions are executed: Provided further, That no less than 80 percent of any grant under this paragraph to a State shall be made available by the State to local governments within 60 days after the receipt of the funds: Provided further, That for grants under subparagraphs (C) through (G), the applications for such grants shall be made available to eligible applicants not later than 75 days after the date of enactment of this Act, eligible applicants shall submit applications not later than 45 days after the date of the grant announcement, and the Federal Emergency Management Agency shall act on such applications not later than 60 days after the date on which such an application is received: Provided further, That, in the event established timeframes detailed in the preceding proviso for departmental actions are missed, funding for the Immediate Office of the Deputy Secretary shall be reduced by $1,000 per day until such actions are executed.

(3) $294,500,000 for training, exercises, technical assistance, and other programs.

(4) $100,000,000 for grants under the Interoperable Emergency Communications Grants Program established under title XVIII of the Homeland Security Act of 2002: Provided, That the amounts appropriated to the Department of Homeland Security for discretionary spending in this Act shall be reduced on a pro rata basis by the percentage necessary to reduce the overall amount of such spending by $100,000,000:

Provided further, That none of the grants provided under this heading shall be used for the construction or renovation of facilities, except for a minor perimeter security project, not to exceed $1,000,000, as determined necessary by the Secretary of Homeland Security: Provided further, That the preceding proviso shall not apply to grants under subparagraphs (B), (C), (F), and (G) of paragraph (2) of this heading: Provided further, That funds appropriated for law enforcement terrorism prevention grants under paragraph (1) of this heading and discretionary grants under paragraph (2)(A) of this heading shall be available for operational costs, to include personnel overtime and overtime associated with the Federal Emergency Management Agency certified training, as needed: Provided further, That the Government Accountability Office shall report on the validity, relevance, reliability, timeliness, and availability of the risk factors (including threat, vulnerability, and consequence) used by the Secretary of Homeland Security and an analysis of the Department's policy of ranking States, cities, and other grantees by tiered groups, for the purpose of allocating grants funded under this heading, and the application of those factors in the allocation of funds to the Committees on Appropriations of the Senate and the House of Representatives on its findings not later than 45 days after the date of enactment of this Act: Provided further, That within seven days after the date of enactment of this Act, the Secretary of Homeland Security shall provide the Government Accountability Office with the risk methodology and other factors that will be used to allocate grants funded under this heading: Provided further, That not later than 15 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate a report detailing the actions taken as of that date, and any actions the Administrator will take, regarding the response of the Federal Emergency Management Agency to concerns over formaldehyde exposure, which shall include a description of any disciplinary or other personnel actions taken, a detailed policy for responding to any reports of potential health hazards posed by any materials provided by the Federal Emergency Management Agency (including housing, food, water, or other materials), and a description of any additional resources needed to implement such policy: Provided further, That the Administrator of the Federal Emergency Management Agency, in conjunction with the head of the Office of Health Affairs of the Department of Homeland Security, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency, shall design a program to scientifically test a representative sample of travel trailers and mobile homes provided by the Federal Emergency Management Agency, and surplus travel trailers and mobile homes to be sold or transferred by the Federal government on or after the date of enactment of this Act, for formaldehyde and, not later than 15 days after the date of enactment of this Act, submit to the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the program designed, including a description of the design of the testing program and the quantity of and conditions under which trailers and mobile homes shall be tested and the justification for such design of the testing: Provided further, That in order to protect the health and safety of disaster victims, the testing program designed under the previous proviso shall provide for initial short-term testing, and longer-term testing, as required: Provided further, That not later than 45 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in conjunction with the head of the Office of Health Affairs of the Department of Homeland Security, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency, shall, at a minimum, complete the initial short-term testing described in the previous proviso: Provided further, That, to the extent feasible, the Administrator of the Federal Emergency Management Agency shall use a qualified contractor residing or doing business primarily in the Gulf Coast Area to carry out the testing program designed under this heading: Provided further, That, not later than 30 days after the date that the Administrator of the Federal Emergency Management Agency completes the short-term testing under this heading, the Administrator of the Federal Emergency Management Agency, in conjunction with the head of the Office of Health Affairs of the Department of Homeland Security, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency, shall submit to the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate a report describing the results of the testing, analyzing such results, providing an assessment of whether there are any health risks associated with the results and the nature of any such health risks, and detailing the plans of the Administrator of the Federal Emergency Management Agency to act on the results of the testing, including any need to relocate individuals living in the trailers or mobile homes provided by the Federal Emergency Management Agency or otherwise assist individuals affected by the results, plans for the sale or transfer of any trailers or mobile homes (which shall be made in coordination with the Administrator of General Services), and plans to conduct further testing: Provided further, That after completing longer-term testing under this heading, the Administrator of the Federal Emergency Management Agency, in conjunction with the head of the Office of Health Affairs of the Department of Homeland Security, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency, shall submit to the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate a report describing the results of the testing, analyzing such results, providing an assessment of whether any health risks are associated with the results and the nature of any such health risks, incorporating any additional relevant information from the shorter-term testing completed under this heading, and detailing the plans and recommendations of the Administrator of the Federal Emergency Management Agency to act on the results of the testing.

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), $700,000,000: Provided, That not to exceed five percent of this amount shall be available for program administration: Provided further, That funds shall be allocated as follows: (1) $560,000,000 shall be available to carry out section 33 of that Act (15 U.S.C. 2229), to remain available until September 30, 2009; and (2) $140,000,000 shall be available to carry out section 34 of that Act (15 U.S.C. 2229a).

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That total administrative costs shall not exceed three percent of the total appropriation.

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2008, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees received under this heading shall be deposited in this account as offsetting collections and will become available for authorized purposes on October 1, 2008, and remain available until expended.

UNITED STATES FIRE ADMINISTRATION

For necessary expenses of the United States Fire Administration, as authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), $43,300,000.

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $1,700,000,000, to remain available until expended: Provided, That of the total amount provided, $13,500,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters, subject to section 503 of this Act: Provided further, That up to $48,000,000 and 250 positions may be transferred to `Management and Administration', Federal Emergency Management Agency, for management and administration functions, subject to section 503 of this Act.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For activities under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162), $875,000, of which $580,000 is for administrative expenses to carry out the direct loan program and $295,000 is for the cost of direct loans: Provided, That gross obligations for the principal amount of direct loans shall not exceed $25,000,000: Provided further, That the cost of modifying such loans shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).

FLOOD MAP MODERNIZATION FUND

For necessary expenses under section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act, to remain available until expended: Provided, That total administrative costs shall not exceed three percent of the total appropriation.

NATIONAL FLOOD INSURANCE FUND

(INCLUDING TRANSFER OF FUNDS)

For activities under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), $145,000,000, which is available as follows: (1) not to exceed $45,642,000 for salaries and expenses associated with flood mitigation and flood insurance operations; and (2) not to exceed $99,358,000 for flood hazard mitigation, which shall be derived from offsetting collections assessed and collected under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), to remain available until September 30, 2009, including up to $34,000,000 for flood mitigation expenses under section 1366 of that Act, which amount shall be available for transfer to the National Flood Mitigation Fund until September 30, 2009: Provided, That in fiscal year 2008, no funds shall be available from the National Flood Insurance Fund in excess of: (1) $70,000,000 for operating expenses; (2) $773,772,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $90,000,000 for flood mitigation actions with respect to severe repetitive loss properties under section 1361A of that Act (42 U.S.C. 4102a) and repetitive insurance claims properties under section 1323 of that Act (42 U.S.C. 4030), which shall remain available until expended: Provided further, That total administrative costs shall not exceed four percent of the total appropriation.

NATIONAL FLOOD MITIGATION FUND

(INCLUDING TRANSFER OF FUNDS)

Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and subsection (f), of section 1366 of the National Flood Insurance Act of 1968, $34,000,000 (42 U.S.C. 4104c), to remain available until September 30, 2009, for activities designed to reduce the risk of flood damage to structures pursuant to such Act, of which $34,000,000 shall be derived from the National Flood Insurance Fund.

NATIONAL PRE-DISASTER MITIGATION FUND

For a pre-disaster mitigation grant program under title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.), $120,000,000, to remain available until expended: Provided, That grants made for pre-disaster mitigation shall be awarded on a competitive basis subject to the criteria in section 203(g) of such Act (42 U.S.C. 5133(g)): Provided further, That total administrative costs shall not exceed three percent of the total appropriation.

EMERGENCY FOOD AND SHELTER

To carry out an emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to remain available until expended: Provided, That total administrative costs shall not exceed 3.5 percent of the total appropriation.

TITLE IV

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

United States Citizenship and Immigration Services

For necessary expenses for citizenship and immigration services, $50,523,000: Provided, That of the total, $20,000,000 provided to address backlogs of security checks associated with pending applications and petitions shall not be available for obligation until the Secretary of Homeland Security and the United States Attorney General submit to the Committees on Appropriations of the Senate and the House of Representatives a plan to eliminate the backlog of security checks that establishes information sharing protocols to ensure United States Citizenship and Immigration Services has the information it needs to carry out its mission.

Federal Law Enforcement Training Center

SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles; expenses for student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized by section 3109 of title 5, United States Code; $221,076,000, of which up to $43,910,000 for materials and support costs of Federal law enforcement basic training shall remain available until September 30, 2009; of which $300,000 shall remain available until expended for Federal law enforcement agencies participating in training accreditation, to be distributed as determined by the Federal Law Enforcement Training Center for the needs of participating agencies; and of which not to exceed $12,000 shall be for official reception and representation expenses: Provided, That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year: Provided further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 note) as amended by Public Law 109-295 (120 Stat. 1374) is further amended by striking `December 31, 2007' and inserting `December 31, 2011'.

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, and related expenses of the Federal Law Enforcement Training Center, $44,470,000, to remain available until expended: Provided, That the Center is authorized to accept reimbursement to this appropriation from government agencies requesting the construction of special use facilities.

Science and Technology

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary for Science and Technology and for management and administration of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $140,632,000: Provided, That not to exceed $3,000 shall be for official reception and representation expenses.

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research, including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $697,364,000, to remain available until expended; and of which $103,814,000 shall be for necessary expenses of the field laboratories and assets of the Science and Technology Directorate.

Domestic Nuclear Detection Office

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic Nuclear Detection Office and for management and administration of programs and activities, $32,000,000: Provided, That not to exceed $3,000 shall be for official reception and representation expenses.

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for radiological and nuclear research, development, testing, evaluation and operations, $336,000,000, to remain available until expended, of which $10,000,000 shall be available to support the implementation of the Securing the Cities initiative at the level requested in the President's budget.

systems acquisition

For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture, $182,000,000, to remain available until September 30, 2010, of which $30,000,000 shall be available to support the implementation of the Securing the Cities initiative at the level requested in the President's budget: Provided, That none of the funds appropriated under this heading shall be obligated for full-scale procurement of Advanced Spectroscopic Portal Monitors until the Secretary of Homeland Security has certified through a report to the Committees on Appropriations of the Senate and the House of Representatives that a significant increase in operational effectiveness will be achieved.

TITLE V

GENERAL PROVISIONS

Sec. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 502. None of the funds available in this Act shall be available to carry out section 872 of Public Law 107-296.

SEC. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2008, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or the House of Representatives for a different purpose; or (5) contracts out any function or activity for which funding levels were requested for Federal full-time equivalents in the object classification tables contained in the fiscal year 2008 Budget Appendix for the Department of Homeland Security, as modified by the joint explanatory statement accompanying this Act; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds.

(b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2008, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $5,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by the Congress; or (3) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds.

(c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provided, That any transfer under this section shall be treated as a reprogramming of funds under subsection (b) of this section and shall not be available for obligation unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such transfer.

(d) Notwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances which imminently threaten the safety of human life or the protection of property.

SEC. 504. None of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to the `Department of Homeland Security Working Capital Fund', except for the activities and amounts allowed in the President's fiscal year 2008 budget, excluding sedan service, shuttle service, transit subsidy, mail operations, parking, and competitive sourcing: Provided, That any additional activities and amounts shall be approved by the Committees on Appropriations of the Senate and the House of Representatives 30 days in advance of obligation.

SEC. 505. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2008 from appropriations for salaries and expenses for fiscal year 2008 in this Act shall remain available through September 30, 2009, in the account and for the purposes for which the appropriations were provided: Provided, That prior to the obligation of such funds, a request shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives for approval in accordance with section 503 of this Act.

SEC. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the enactment of an Act authorizing intelligence activities for fiscal year 2008.

SEC. 507. The Federal Law Enforcement Training Accreditation Board shall lead the Federal law enforcement training accreditation process, to include representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors.

SEC. 508. None of the funds in this Act may be used to make a grant allocation, discretionary grant award, discretionary contract award, or to issue a letter of intent totaling in excess of $1,000,000, or to announce publicly the intention to make such an award, unless the Secretary of Homeland Security notifies the Committees on Appropriations of the Senate and the House of Representatives at least three full business days in advance: Provided, That no notification shall involve funds that are not available for obligation: Provided further, That the notification shall include the amount of the award, the fiscal year in which the funds for the award were appropriated, and the account for which the funds are being drawn from: Provided further, That the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives five full business days in advance of announcing publicly the intention of making an award of formula-based grants; law enforcement terrorism prevention grants; high-threat, high-density urban areas grants; or regional catastrophic preparedness grants.

SEC. 509. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.

Sec. 510. The Director of the Federal Law Enforcement Training Center shall schedule basic and/or advanced law enforcement training at all four training facilities under the control of the Federal Law Enforcement Training Center to ensure that these training centers are operated at the highest capacity throughout the fiscal year.

SEC. 511. None of the funds appropriated or otherwise made available by this Act may be used for expenses of any construction, repair, alteration, or acquisition project for which a prospectus, if required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus.

SEC. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act (41 U.S.C. 10a et seq.).

SEC. 513. (a) None of the funds provided by this or previous appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program or any other follow on or successor passenger prescreening program, until the Secretary of Homeland Security certifies, and the Government Accountability Office reports, to the Committees on Appropriations of the Senate and the House of Representatives, that all ten of the conditions contained in paragraphs (1) through (10) of section 522(a) of Public Law 108-334 (118 Stat. 1319) have been successfully met.

(b) The report required by subsection (a) shall be submitted within 90 days after the Secretary provides the requisite certification, and periodically thereafter, if necessary, until the Government Accountability Office confirms that all ten conditions have been successfully met.

(c) Within 90 days of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives a detailed plan that describes: (1) the dates for achieving key milestones, including the date or timeframes that the Secretary will certify the program under subsection (a); and (2) the methodology to be followed to support the Secretary's certification, as required under subsection (a).

(d) During the testing phase permitted by subsection (a), no information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in instances where passenger names are matched to a Government watch list.

(e) None of the funds provided in this or previous appropriations Acts may be utilized to develop or test algorithms assigning risk to passengers whose names are not on Government watch lists.

(f) None of the funds provided in this or previous appropriations Acts may be utilized for data or a database that is obtained from or remains under the control of a non-Federal entity: Provided, That this restriction shall not apply to Passenger Name Record data obtained from air carriers.

SEC. 514. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act (8 U.S.C. 1448).

SEC. 515. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A-76 for services provided as of June 1, 2004, by employees (including employees serving on a temporary or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants.

SEC. 516. (a) None of the funds appropriated to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided, That the Director of the United States Secret Service may enter into an agreement to perform such service on a fully reimbursable basis.

(b) None of the funds appropriated by this or any other Act to the United States Secret Service shall be made available for the protection of a Federal official, other than persons granted protection under section 3056(a) of title 18, United States Code, and the Secretary of Homeland Security: Provided, That the Director of the United States Secret Service may enter into an agreement to perform such protection on a fully reimbursable basis for protectees not designated under section 3056(a) of title 18, United States Code.

SEC. 517. (a) The Secretary of Homeland Security is directed to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible.

(b) Existing checked baggage explosive detection equipment and screeners shall be utilized to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport until technologies developed under subsection (a) are available.

(c) The Transportation Security Administration shall report air cargo inspection statistics quarterly to the Committees on Appropriations of the Senate and the House of Representatives, by airport and air carrier, within 45 days after the end of the quarter including any reason for non-compliance with the second proviso of section 513 of the Department of Homeland Security Appropriations Act, 2005 (Public Law 108-334, 118 Stat. 1317).

SEC. 518. None of the funds made available in this Act may be used by any person other than the Privacy Officer appointed under section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (6) of such section.

SEC. 519. No funding provided by this or previous appropriation Acts shall be available to pay the salary of any employee serving as a contracting officer's technical representative (COTR), or anyone acting in a similar or like capacity, who has not received COTR training.

SEC. 520. Except as provided in section 44945 of title 49, United States Code, funds appropriated or transferred to Transportation Security Administration `Aviation Security', `Administration' and `Transportation Security Support' in fiscal years 2004, 2005, 2006, and 2007 that are recovered or deobligated shall be available only for procurement and installation of explosive detection systems for air cargo, baggage, and checkpoint screening systems, subject to notification.

SEC. 521. Section 525(d) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1382) shall apply to fiscal year 2008.

(RESCISSION OF FUNDS)

SEC. 522. From the unobligated balances of funds transferred to the Department of Homeland Security when it was created in 2003, excluding mandatory appropriations, $45,000,000 is rescinded, of which $12,000,000 shall be rescinded from Departmental Operations; $12,000,000 shall be rescinded from the Office of State and Local Government Coordination; and $6,000,000 shall be rescinded from the Working Capital Fund.

SEC. 523. Any funds appropriated to United States Coast Guard, `Acquisition, Construction, and Improvements' in fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion that are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended for the Replacement Patrol Boat (FRC-B) program.

SEC. 524. The Department of Homeland Security Working Capital Fund, established, pursuant to section 403 of Public Law 103-356 (31 U.S.C. 501 note), shall continue operations during fiscal year 2008.

SEC. 525. (a) The Federal Emergency Management Agency (FEMA) shall submit a quarterly report to the Committees on Appropriations of the Senate and the House of Representatives detailing the allocation and obligation of funds for `Disaster Relief' to include:

(1) status of the Disaster Relief Fund (DRF) including obligations, allocations, and amounts undistributed/unallocated;

(2) allocations, obligations, and expenditures for all open disasters;

(3) information on national flood insurance claims;

(4) obligations, allocations and expenditures by State for unemployment, crisis counseling, inspections, housing assistance, manufactured housing, public assistance and individual assistance;

(5) mission assignment obligations by agency, including:

(A) the amounts reimbursed to other agencies that are in suspense because FEMA has not yet reviewed and approved the documentation supporting the expenditure; and

(B) a disclaimer if the amounts of reported obligations and expenditures do not reflect the status of such obligations and expenditures from a government-wide perspective;

(6) the amount of credit card purchases by agency and mission assignment;

(7) specific reasons for all waivers granted and a description of each waiver;

(8) a list of all contracts that were awarded on a sole source or limited competition basis, including the dollar amount, the purpose of the contract and the reason for the lack of competitive award; and

(9) an estimate of when available appropriations will be exhausted, assuming an average disaster season.

(b) The Secretary of Homeland Security shall at least quarterly obtain from agencies performing mission assignments each such agency's actual obligation and expenditure data and report to the Committees on Appropriations of the Senate and the House of Representatives.

(c) For any request for reimbursement from a Federal agency to the Department of Homeland Security to cover expenditures under the Stafford Act (42 U.S.C. 5121 et seq.), or any mission assignment orders issued by the Department of Homeland Security for such purposes, the Secretary of Homeland Security shall take appropriate steps to ensure that each agency is periodically reminded of Department of Homeland Security policies on--

(1) the detailed information required in supporting documentation for reimbursements, and

(2) the necessity for timeliness of agency billings.

(d) Notwithstanding section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c), projects relating to Hurricanes Katrina and Rita for which the non-Federal share of assistance under that section is funded by amounts appropriated to the Community Development Fund under chapter 9 of title I of division B of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat. 2779) or chapter 9 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 472) shall not be subject to any precertification requirements.

SEC. 526. Within 45 days after the close of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report that includes total obligations, on-board versus funded full-time equivalent staffing levels, and the number of contract employees by office.

SEC. 527. Section 532(a) of Public Law 109-295 is amended by striking `2007' and inserting `2008'.

SEC. 528. The Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).

SEC. 529. None of the funds provided in this Act may be used to alter or reduce operations within the Civil 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 enactment of this Act.

SEC. 530. 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 three months after the Secretary of State and the Secretary of Homeland Security make the certifications required in subsection (B), or June 1, 2009, whichever is earlier.' and inserting `Such plan may not be implemented earlier than the date that is the later of 3 months after the Secretary of State and the Secretary of Homeland Security make the certification required in subparagraph (B) or June 1, 2009.'.

SEC. 531. Section 550 of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding at the end the following:

`(h) This section shall not preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to chemical facility security that is more stringent than a regulation, requirement, or standard of performance issued under this section, or otherwise impair any right or jurisdiction of any State with respect to chemical facilities within that State, unless there is an actual conflict between this section and the law of that State.'.

SEC. 532. None of the funds provided in this Act under the heading `Office of the Chief Information Officer' shall be used for data center development other than for the 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 as the Department's primary data storage center at the highest capacity throughout the fiscal year.

SEC. 533. 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. 534. (a) Notwithstanding section 503 of this Act, up to $25,000,000 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 partnership program; explosive detection system purchase; explosive detection system installation; checkpoint support; aviation regulation and other enforcement; air cargo; and air cargo research and 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. 535. DISASTER ASSISTANCE FOR SCHOOLS. (a) Definitions- In this section--

(1) the term `Administrator' means the Administrator of the Federal Emergency Management Agency;

(2) the term `covered assistance' means assistance--

(A) provided under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172);

(B) to be used to--

(i) repair, restore, reconstruct, or replace school facilities; or

(ii) replace lost contents of a school; and

(C) for damage caused by Hurricane Katrina of 2005 or Hurricane Rita of 2005; and

(3) the term `local educational agency' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(b) Assistance to Schools-

(1) IN GENERAL- A local educational agency that has applied for covered assistance before the date of enactment of this Act may request that such assistance (including any eligible costs discovered after the date of the estimate of eligible costs under section 406(e)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)) and any cost that was determined to be an eligible cost after an appeal or review) be provided in a single payment.

(2) DISBURSEMENT OF ASSISTANCE- Not later than 30 days after the date that a local educational agency makes a request under paragraph (1), the Administrator shall provide in a single payment any covered assistance for any eligible cost that was approved by the Administrator on or before the date of that request.

(3) FLOOD INSURANCE REDUCTION- For any covered assistance provided under paragraph (2), the Administrator shall make not more than 1 reduction under section 406(d) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(d)) in the amount of assistance provided.

(c) Alternate Use- For any covered assistance provided under subsection (b)(2), the amount of that assistance shall not be reduced under section 406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)(1)).

(d) Applicability- This section shall apply to any covered assistance provided on or after the date of enactment of this Act.

SEC. 536. 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 Commission- 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. 537. SEXUAL ABUSE. Sections 2241, 2242, 2243, and 2244 of title 18, United States Code, are each amended by striking `the Attorney General' each place that term appears and inserting `the head of any Federal department or agency'.

SEC. 538. PLAN FOR THE CONTROL AND MANAGEMENT OF ARUNDO DONAX. (a) Definitions- In this section:

(1) ARUNDO DONAX- The term `Arundo donax' means a tall perennial reed commonly known as `Carrizo cane', `Spanish cane', `wild cane', and `giant cane'.

(2) PLAN- The term `plan' means the plan for the control and management of Arundo donax developed under subsection (b).

(3) RIVER- The term `River' means the Rio Grande River.

(4) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.

(b) Development of Plan-

(1) IN GENERAL- The Secretary shall develop a plan for the control and management of Arundo donax along the portion of the River that serves as the international border between the United States and Mexico.

(2) COMPONENTS- In developing the plan, the Secretary shall address--

(A) information derived by the Secretary of Agriculture and the Secretary of the Interior from ongoing efforts to identify the most effective biological, mechanical, and chemical means of controlling and managing Arundo donax;

(B) past and current efforts to understand--

(i) the ecological damages caused by Arundo donax; and

(ii) the dangers Arundo donax poses to Federal and local law enforcement;

(C) any international agreements and treaties that need to be completed to allow for the control and management of Arundo donax on both sides of the River;

(D) the long-term efforts that the Secretary considers to be necessary to control and manage Arundo donax, including the cost estimates for the implementation of the efforts; and

(E) whether a waiver of applicable Federal environmental laws (including regulations) is necessary.

(3) CONSULTATION- The Secretary shall develop the plan in consultation with the Secretary of Agriculture, the Secretary of the Interior, the Secretary of State, the Chief of Engineers, and any other Federal and State agencies that have appropriate expertise regarding the control and management of Arundo donax.

(c) Report- Not later than 90 days after the date of enactment of this Act, the Secretary shall submit the plan to--

(1) the Committees on the Judiciary of the Senate and the House of Representatives; and

(2) the Committees on Appropriations of the Senate and the House of Representatives.

SEC. 539. REPORTING OF WASTE, FRAUD, AND ABUSE. Not later than 30 days after the date of enactment of this Act--

(1) the Secretary of Homeland Security shall 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. 540. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes (which outcomes shall be specified in terms of cost, schedule, and performance).

Sec. 541. None of the funds made available to the Office of the Secretary and Executive Management under this Act may be expended for any new hires by the Department of Homeland Security that are not verified through the basic pilot program required under section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).

Sec. 542. None of the funds made available in this Act for U.S. Customs and Border Protection or any agency or office within the Department of Homeland Security may be used to prevent an individual from importing a prescription drug from Canada if--

(1) such individual is not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(g))); and

(2) such drug--

(A) complies with sections 501, 502, and 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355); and

(B) is not--

(i) a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or

(ii) a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

SEC. 543. PROHIBITION ON USE OF FUNDS FOR RULEMAKING RELATED TO PETITIONS FOR ALIENS. 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 Federal Register 3984 (January 27, 2005).

Sec. 544. None of the funds appropriated or otherwise made available by this Act may be obligated or expended by the Secretary of Homeland Security to remove offenses from the list of criminal offenses disqualifying individuals from receiving a Transportation Worker Identification Credential under section 1572.103 of title 49, Code of Federal Regulations.

Sec. 545. (a)(1)(A) None of the funds appropriated or otherwise made available by this Act may be used to make any payment in connection with a contract awarded through a congressional initiative unless the contract is awarded using competitive procedures in accordance with the requirements of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), section 2304 of title 10, United States Code, and the Federal Acquisition Regulation.

(B) Except as provided in paragraph (3), none of the funds appropriated or otherwise made available by this Act may be used to make any payment in connection with a contract awarded through a congressional initiative unless more than one bid is received for such contract.

(2) Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be awarded by grant or cooperative agreement through a congressional initiative unless the process used to award such grant or cooperative agreement uses competitive procedures to select the grantee or award recipient. Except as provided in paragraph (3), no such grant may be awarded unless applications for such grant or cooperative agreement are received from two or more applicants that are not from the same organization and do not share any financial, fiduciary, or other organizational relationship.

(3)(A) If the Secretary of Homeland Security does not receive more than one bid for a contract under paragraph (1)(B) or does not receive more than one application from unaffiliated applicants for a grant or cooperative agreement under paragraph (2), the Secretary may waive such bid or application requirement if the Secretary determines that the contract, grant, or cooperative agreement is essential to the mission of the Department of Homeland Security.

(b)(1) Not later than December 31, 2008, the Secretary of Homeland Security shall submit to Congress a report on congressional initiatives for which amounts were appropriated during fiscal year 2008.

(2) The report submitted under paragraph (1) shall include with respect to each contract and grant awarded through a congressional initiative--

(A) the name of the recipient of the funds awarded through such contract or grant;

(B) the reason or reasons such recipient was selected for such contract or grant; and

(C) the number of entities that competed for such contract or grant.

(3) The report submitted under paragraph (1) shall be made publicly available through the Internet website of the Department of Homeland Security.

(c) In this section:

(1) The term `congressional initiative' means a provision of law or a directive contained within a committee report or joint statement of managers of an appropriations Act that specifies--

(A) the identity of a person or entity selected to carry out a project, including a defense system, for which funds are appropriated or otherwise made available by that provision of law or directive and that was not requested by the President in a budget submitted to Congress; and

(B) the amount of the funds appropriated or otherwise made available for such project.

(2) The term `executive agency' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

SEC. 546. BORDER SECURITY REQUIREMENTS FOR LAND AND MARITIME BORDERS OF THE UNITED STATES. (a) OPERATIONAL CONTROL OF THE UNITED STATES BORDERS- The President shall ensure that operational control of all international land and maritime borders is achieved.

(b) ACHIEVING OPERATIONAL CONTROL- The Secretary of Homeland Security shall establish and demonstrate operational control of 100 percent of the international land and maritime borders of the United States, including the ability to monitor such borders through available methods and technology.

(1) STAFF ENHANCEMENTS FOR BORDER PATROL- The United States Customs and Border Protection Border Patrol may hire, train, and report for duty additional full-time agents. These additional agents shall be deployed along all international borders.

(2) STRONG BORDER BARRIERS- The United States Customs and Border Protection Border Patrol may:

(A) Install along all international borders of the United States vehicle barriers;

(B) Install along all international borders of the United States ground-based radar and cameras; and

(C) Deploy for use along all international borders of the United States unmanned aerial vehicles, and the supporting systems for such vehicles;

(c) PRESIDENTIAL PROGRESS REPORT-

(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter, the President shall submit a report to Congress detailing the progress made in funding, meeting or otherwise satisfying each of the requirements described under paragraphs (1) and (2).

(2) PROGRESS NOT SUFFICIENT- If the President determines that sufficient progress is not being made, the President shall include in the report required under paragraph (1) specific funding recommendations, authorization needed, or other actions that are or should be undertaken by the Secretary of Homeland Security.

(d) APPROPRIATIONS FOR SECURING LAND AND MARITIME BORDERS OF THE UNITED STATES- Any funds appropriated under division B of this Act shall be used to ensure operational control is achieved for all international land and maritime borders of the United States.

SEC. 547. IMPROVEMENTS TO THE EMPLOYMENT ELIGIBILITY VERIFICATION BASIC PILOT PROGRAM. Of the amounts appropriated for border security and employment verification improvements under section 1003 of Division B, $60,000,000 shall be made available to--

(1) ensure that State and local programs have sufficient access to, and are sufficiently coordinated with, the Federal Government's Employment Eligibility Verification System;

(2) ensure that such system has sufficient capacity to timely and accurately--

(A) register employers in States with employer verification requirements;

(B) respond to inquiries by employers; and

(C) enter into memoranda of understanding with States to ensure responses to subparagraphs (A) and (B); and

(3) develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the basic pilot program, including appropriate privacy and security training for State employees;

(4) ensure that the Office for Civil Rights and Civil Liberties of the Department of Justice has sufficient capacity to conduct audits of the Federal Government's Employment Eligibility Verification System to assess employer compliance with System requirements, including the applicable Memorandum of Understanding;

(5) these amounts are designated as an emergency requirement pursuant to section 204 of S. Con. Res. 21 (110th Congress).

SEC. 548. IN-LIEU CONTRIBUTION. The Administrator of the Federal Emergency Management Agency shall authorize a large in-lieu contribution under section 406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)(1)) to the Peebles School in Iberia Parish, Louisiana for damages relating to Hurricane Katrina of 2005 or Hurricane Rita of 2005, notwithstanding section 406(c)(1)(C) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)(1)(C)).

SEC. 549. NATIONAL STRATEGY ON CLOSED CIRCUIT TELEVISION SYSTEMS. (a) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall--

(1) develop a national strategy for the effective and appropriate use of closed circuit television to prevent and respond to acts of terrorism, which shall include--

(A) an assessment of how closed circuit television and other public surveillance systems can be used most effectively as part of an overall terrorism preparedness, prevention, and response program, and its appropriate role in such a program;

(B) a comprehensive examination of the advantages and limitations of closed circuit television and, as appropriate, other public surveillance technologies;

(C) best practices on camera use and data storage;

(D) plans for coordination between the Federal Government and State and local governments, and the private sector--

(i) in the development and use of closed circuit television systems; and

(ii) for Federal assistance and support for State and local utilization of such systems;

(E) plans for pilot programs or other means of determining the real-world efficacy and limitations of closed circuit televisions systems;

(F) an assessment of privacy and civil liberties concerns raised by use of closed circuit television and other public surveillance systems, and guidelines to address such concerns; and

(G) an assessment of whether and how closed circuit television systems and other public surveillance systems are effectively utilized by other democratic countries in combating terrorism; and

(2) provide to the Committees on Homeland Security and Governmental Affairs, Appropriations, and the Judiciary of the Senate and the Committees on Homeland Security, Appropriations, and the Judiciary of the House of Representatives a report that includes--

(A) the strategy required under paragraph (1);

(B) the status and findings of any pilot program involving closed circuit televisions or other public surveillance systems conducted by, in coordination with, or with the assistance of the Department of Homeland Security up to the time of the report; and

(C) the annual amount of funds used by the Department of Homeland Security, either directly by the Department or through grants to State, local, or tribal governments, to support closed circuit television and the public surveillance systems of the Department, since fiscal year 2004.

(b) Consultation- In preparing the strategy and report required under subsection (a), the Secretary of Homeland Security shall consult with the Attorney General, the Chief Privacy Officer of the Department of Homeland Security, and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security.

SEC. 550. 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 ammonium salt of nitric acid and contains not less than 33 percent nitrogen by weight; and

`(B) any mixture containing a percentage of ammonium nitrate that is equal to or greater than the percentage determined by the Secretary under section 899B(b).

`(2) AMMONIUM NITRATE FACILITY- The term `ammonium nitrate facility' means any entity that produces, sells or otherwise transfers ownership of, or provides application services for ammonium nitrate.

`(3) AMMONIUM NITRATE PURCHASER- The term `ammonium nitrate purchaser' means any person who buys and takes possession of ammonium nitrate from an ammonium nitrate facility.

`SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.

`(a) In General- The Secretary shall regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility in accordance with this subtitle to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.

`(b) Ammonium Nitrate Mixtures- Not later than 90 days after the date of the enactment of this subtitle, the Secretary, in consultation with the heads of appropriate Federal departments and agencies (including the Secretary of Agriculture), shall, after notice and an opportunity for comment, establish a threshold percentage for ammonium nitrate in a substance.

`(c) Registration of Owners of Ammonium Nitrate Facilities-

`(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 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 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 determine 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 registration number for purposes of this subtitle.

`(2) REGISTRATION INFORMATION- Any person applying to register under paragraph (1) as an ammonium nitrate purchaser 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 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 subsection (c) or (d) of each person that takes possession of ammonium nitrate, in a manner prescribed by the Secretary;

`(B) if applicable, record the name, address, and telephone number of each individual who takes possession of the ammonium nitrate on 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 explosive under a license 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 appropriate private sector entities, to ensure that the access of agricultural 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 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 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 appropriate 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 procedures to efficiently receive applications for registration numbers under this subtitle, conduct the checks required under paragraph (2), and promptly issue or deny a registration number.

`(B) INITIAL SIX-MONTH REGISTRATION PERIOD- The Secretary shall take steps to maximize 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 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.

`(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 establish 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 INFORMATION-

`(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 Secretary 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.

`(B) REQUIREMENT TO UPDATE INFORMATION- The Secretary 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 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 periodic 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 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 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 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 a purchase or transfer or attempted 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 enforcement entities; and

`(C) additional subjects determined appropriate by to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.

`(2) USE OF MATERIALS AND PROGRAMS- In providing guidance under this subsection, the 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 ammonium nitrate is sold.

`(B) DESIGN OF MATERIALS- Materials made available under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of--

`(i) the record-keeping requirements under section 899B; and

`(ii) the penalties for violating such requirements.

`SEC. 899E. THEFT REPORTING REQUIREMENT.

`Any person who is required to comply with section 899B(e) who has knowledge of the theft or unexplained loss of ammonium nitrate shall report such theft or loss to the appropriate Federal law enforcement authorities not later than 1 calendar day of the date on which the person becomes aware of such theft or loss. Upon receipt of such report, the relevant Federal authorities shall inform State, local, and tribal law enforcement entities, as appropriate.

`SEC. 899F. PROHIBITIONS AND PENALTY.

`(a) Prohibitions-

`(1) TAKING POSSESSION- No person shall take possession of ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of section 899B, or is an agent of a person registered under subsection (c) or (d) of that section.

`(2) TRANSFERRING POSSESSION- An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any person who is not registered under subsection (c) or (d) of section 899B, or is not an agent of a person registered under subsection (c) or (d) of that section.

`(3) OTHER PROHIBITIONS- No person shall--

`(A) buy and take possession of ammonium nitrate without a registration number required under subsection (c) or (d) of section 899B;

`(B) own or operate an ammonium nitrate facility without a registration number required under section 899B(c); or

`(C) fail to comply with any requirement or violate any other prohibition under this subtitle.

`(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 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 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 of 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 enforcement 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 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 subtitle preempts 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--

`(1) shall issue a proposed rule implementing this subtitle not later than 6 months after the date of the enactment of this subtitle; and

`(2) issue a final rule implementing this subtitle not later than 1 year after such date of enactment.

`SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to the Secretary--

`(1) $2,000,000 for fiscal year 2008; and

`(2) $10,750,000 for each of fiscal years 2009 through 2012.'.

(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 899 the following:

`Subtitle J--Secure Handling of Ammonium Nitrate

`Sec. 899A. Definitions.

`Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.

`Sec. 899C. Inspection and auditing of records.

`Sec. 899D. Administrative provisions.

`Sec. 899E. Theft reporting requirement.

`Sec. 899F. Prohibitions and penalty.

`Sec. 899G. Protection from civil liability.

`Sec. 899H. Preemption of other laws.

`Sec. 899I. Deadlines for regulations.

`Sec. 899J. Authorization of appropriations.'.

SEC. 552. Risk Management and Analysis Special Event; 2010 Vancouver Olympic and Paralympic Games. As soon as practicable, but not later than 3 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Transportation and Infrastructure of the House of Representatives a report regarding the plans of the Secretary of Homeland Security relating to--

(1) implementing the recommendations regarding the 2010 Vancouver Olympic and Paralympic Games in the Joint Explanatory Statement of the Committee of Conference on H.R. 5441 (109th Congress), the Department of Homeland Security Appropriations Act, 2007, with specific funding strategies for--

(A) the Multiagency Coordination Center; and

(B) communications exercises to validate communications pathways, test equipment, and support the training and familiarization of personnel on the operations of the different technologies used to support the 2010 Vancouver Olympic and Paralympic Games; and

(2) the feasibility of implementing a program to prescreen individuals traveling by rail between Vancouver, Canada and Seattle, Washington during the 2010 Vancouver Olympic and Paralympic Games, while those individuals are located in Vancouver, Canada, similar to the preclearance arrangements in effect in Vancouver, Canada for certain flights between the United States and Canada.

SEC. 553. IMPROVEMENT OF BARRIERS AT BORDER. 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 Naturalization,' 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) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively;

(C) in paragraph (2), as redesignated--

(i) in the paragraph heading, by striking `SECURITY FEATURES' and inserting `ADDITIONAL FENCING ALONG SOUTHWEST BORDER'; and

(ii) by striking subparagraphs (A) through (C) and inserting the following:

`(A) REINFORCED FENCING- In carrying out subsection (a), the Secretary of Homeland Security shall construct reinforced fencing along not less than 700 miles of the southwest border where fencing would be most practical and 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 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

`(ii) not later than December 31, 2008, complete construction of reinforced fencing along the 370 miles identified under clause (i).

`(C) CONSULTATION-

`(i) IN GENERAL- In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed.

`(ii) SAVINGS PROVISION- Nothing in this subparagraph may be construed to--

`(I) create 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, physical 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

(D) in paragraph (5), as redesignated, 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'.

SEC. 554. ACCOUNTABILITY IN GRANT AND CONTRACT ADMINISTRATION. The Department of Homeland Security, through the Federal Emergency Management Agency, shall--

(1) consider implementation, through fair and open competition, of management, tracking and accountability systems to assist in managing grant allocations, distribution, expenditures, and asset tracking; and

(2) consider any efficiencies created through cooperative purchasing agreements.

SEC. 555. None of the funds made available in this Act may be used to destroy or put out to pasture any horse or other equine belonging to the Federal Government that has become unfit for service, unless the trainer or handler is first given the option to take possession of the equine through an adoption program that has safeguards against slaughter and inhumane treatment.

SEC. 556. INTERNATIONAL REGISTERED TRAVELER PROGRAM. Section 7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows:

`(3) INTERNATIONAL REGISTERED TRAVELER PROGRAM-

`(A) IN GENERAL- The Secretary of Homeland Security shall establish an international registered traveler program that incorporates available technologies, such as biometrics and e-passports, and security threat assessments to expedite the screening and processing of international travelers, including United States Citizens and residents, who enter and exit the United States. The program shall be coordinated with the US-VISIT program, other pre-screening initiatives, and the Visa Waiver Program within the Department of Homeland Security.

`(B) FEES- The Secretary may impose a fee for the program established under 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 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 participation, 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 conjunction with the US-VISIT entry and exit system, other pre-screening initiatives, and the Visa Waiver Program within the Department of Homeland Security 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 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. 557. REPORT ON THE PERFORMANCE ACCOUNTABILITY AND STANDARDS SYSTEM OF THE TRANSPORTATION SECURITY ADMINISTRATION. Not later than March 1, 2008, the Transportation Security Administration shall submit a report to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives on the implementation of the Performance Accountability and Standards System, including--

(1) the number of employees who achieved each level of performance;

(2) a comparison between managers and non-managers relating to performance and pay increases;

(3) the type and amount of all pay increases that have taken effect for each level of performance; and

(4) the attrition of employees covered by the Performance Accountability and Standards System.

SEC. 558. SHARED BORDER MANAGEMENT. (a) STUDY- The Comptroller General of the United States shall conduct a study on the Department of Homeland 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. 559. Amounts authorized to be appropriated in the Border Law Enforcement Relief Act of 2007 are increased by $50,000,000 for each of the fiscal years 2008 through 2012.

SEC. 560. GAO STUDY OF COST OF FENCING ON THE SOUTHERN BORDER. (a) INQUIRY AND REPORT REQUIRED- The Comptroller of the United States shall conduct a study examining--

(1) the total amount of money that has been expended, as of June 20, 2007, to construct 90 miles of fencing on the southern border of the United States;

(2) the average cost per mile of the 90 miles of fencing on the southern border as of June 20, 2007;

(3) the average cost per mile of the 370 miles of fencing that the Department of Homeland Security is required to have completed on the southern border by December 31, 2008, which shall include $1,187,000,000 appropriated in fiscal year 2007 for `border security fencing, technology, and infrastructure' and the $1,000,000,000 appropriated under this Act under the heading `Border Security Fencing, Infrastructure, and Technology';

(4) the total cost and average cost per mile to construct the 700 linear miles (854 topographical miles) of fencing on the southern border required to be constructed under section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by section 3 of the Secure Fence Act of 2006 (Public Law 109-367);

(5) the total cost and average cost per mile to construct the fencing described in paragraph (4) if the double layer fencing requirement were eliminated; and

(6) the number of miles of single layer fencing, if fencing were not accompanied by additional technology and infrastructure such as cameras, sensors, and roads, which could be built with the $1,187,000,000 appropriated in fiscal year 2007 for `border security fencing, technology, and infrastructure' and the $1,000,000,000 appropriated under this Act under the heading `Border Security Fencing, Infrastructure, and Technology'.

(b) SUBMISSION OF REPORT- Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report on the results of the study conducted pursuant to subsection (a) to--

(1) the Committee on Appropriations of the Senate;

(2) the Committee on the Judiciary of the Senate;

(3) the Committee on Appropriations of the House of Representatives; and

(4) the Committee on the Judiciary of the House of Representatives.

SEC. 561. SENSE OF SENATE ON IMMIGRATION- (a) FINDINGS- The Senate makes the following findings:

(1) On June 28th, 2007, the Senate, by a vote of 46 to 53, rejected a motion to invoke cloture on a bill to provide for comprehensive immigration reform.

(2) Illegal immigration remains the top domestic issue in the United States.

(3) The people of the United States continue to feel the effects of a failed immigration system on a daily basis, and they have not forgotten that Congress and the President have a duty to address the issue of illegal immigration and the security of the international borders of the United States.

(4) People from across the United States have shared with members of the Senate their wide ranging and passionate opinions on how best to reform the immigration system.

(5) There is no consensus on an approach to comprehensive immigration reform that does not first secure the international borders of the United States.

(6) There is unanimity that the Federal Government has a responsibility to, and immediately should, secure the international borders of the United States.

(7) Border security is an integral part of national security.

(8) The greatest obstacle the Federal Government faces with respect to the people of the United States is a lack of trust that the Federal Government will secure the international borders of the United States.

(9) This lack of trust is rooted in the past failures of the Federal Government to uphold and enforce immigration laws and the failure of the Federal Government to secure the international borders of the United States.

(10) Failure to uphold and enforce immigration laws has eroded respect for those laws and eliminated the faith of the people of the United States in the ability of their elected officials to responsibly administer immigration programs.

(11) It is necessary to regain the trust of the people of the United States in the competency of the Federal Government to enforce immigration laws and manage the immigration system.

(12) Securing the borders of the United States would serve as a starting point to begin to address other issues surrounding immigration reform on which there is not consensus.

(13) Congress has not fully funded some interior and border security activities that it has authorized.

(14) The President of the United States can initiate emergency spending by designating certain spending as `emergency spending' in a request to the Congress.

(15) The lack of security on the international borders of the United States rises to the level of an emergency.

(16) The Border Patrol are apprehending some, but not all, individuals from countries that the Secretary of State has determined have repeatedly provided support for acts of international terrorism who cross or attempt to cross illegally into the United States.

(17) The Federal Bureau of Investigation is investigating a human smuggling ring that has been bringing Iraqis and other Middle Eastern individuals across the international borders of the United States.

(b) Sense of Senate- It is the sense of Senate that--

(1) the Federal Government should work to regain the trust of the people of the United States in its ability of the Federal Government to secure the international borders of the United States;

(2) in order to restore the credibility of the Federal Government on this critical issue, the Federal Government should prove its ability to enforce immigration laws by taking actions such as securing the border, stopping the flow of illegal immigrants and drugs into the United States, and creating a tamper-proof biometric identification card for foreign workers; and

(3) the President should request emergency spending that fully funds--

(A) existing interior and border security authorizations that have not been funded by Congress; and

(B) the border and interior security initiatives contained in the bill to provide for comprehensive immigration reform and for other purposes (S. 1639) introduced in the Senate on June 18, 2007.

SEC. 562. ENSURING THE SAFETY OF AGRICULTURAL IMPORTS- (a) FINDINGS- Congress makes the following findings:

(1) The Food and Drug Administration, as part of its responsibility to ensure the safety of food and other imports, maintains a presence at 91 of the 320 points of entry into the United States.

(2) United States Customs and Border Protection personnel are responsible for monitoring imports and alerting the Food and Drug Administration to suspicious material entering the United States at the remaining 229 points of entry.

(b) Report- The Commissioner of U.S. Customs and Border Protection shall submit a report to Congress that describes the training of U.S. Customs and Border Protection personnel to effectively assist the Food and Drug Administration in monitoring our Nation's food supply.

Sec. 563. (a) Study on Implementation of Voluntary Provision of Emergency Services Program-

(1) Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall conduct a study on the implementation of the voluntary provision of emergency services program established pursuant to section 44944(a) of title 49, United States Code (referred to in this section as the `program').

(2) As part of the study required by paragraph (1), the Administrator shall assess the following:

(A) Whether training protocols established by air carriers and foreign air carriers include training pertinent to the program and whether such training is effective for purposes of the program.

(B) Whether employees of air carriers and foreign air carriers responsible for implementing the program are familiar with the provisions of the program.

(C) The degree to which the program has been implemented in airports.

(D) Whether a helpline or other similar mechanism of assistance provided by an air carrier, foreign air carrier, or the Transportation Security Administration should be established to provide assistance to employees of air carriers and foreign air carriers who are uncertain of the procedures of the program.

(3) In making the assessment required by paragraph (2)(C), the Administrator may make use of unannounced interviews or other reasonable and effective methods to test employees of air carriers and foreign air carriers responsible for registering law enforcement officers, firefighters, and emergency medical technicians as part of the program.

(4)(A) Not later than 60 days after the completion of the study required by paragraph (1), the Administrator shall submit to Congress a report on the findings of such study.

(B) The Administrator shall make such report available to the public by Internet web site or other appropriate method.

(b) Publication of Report Previously Submitted- The Administrator shall make available to the public on the Internet web site of the Transportation Security Administration or the Department of Homeland Security the report required by section 554(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295).

(c) Mechanism for Reporting Problems- The Administrator shall develop a mechanism on the Internet web site of the Transportation Security Administration or the Department of Homeland Security by which first responders may report problems with or barriers to volunteering in the program. Such mechanism shall also provide information on how to submit comments related to volunteering in the program.

(d) Air Carrier and Foreign Air Carrier Defined- In this section, the terms `air carrier' and `foreign air carrier' have the meaning given such terms in section 40102 of title 49, United States Code.

SEC. 564. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that the contractor or grantee has no unpaid Federal tax assessments, that the contractor or grantee has entered into an installment agreement or offer in compromise that has been accepted by the IRS to resolve any unpaid Federal tax assessments, or, in the case of unpaid Federal tax assessments other than for income, estate, and gift taxes, that the liability for the unpaid assessments is the subject of a non-frivolous administrative or judicial appeal. For purposes of the preceding sentence, the certification requirement of part 52.209-5 of the Federal Acquisition Regulation shall also include a requirement for a certification by a prospective contractor of whether, within the three-year period preceding the offer for the contract, the prospective contractor--

(1) has or has not been convicted of or had a civil judgment or other judicial determination rendered against the contractor for violating any tax law or failing to pay any tax;

(2) has or has not been notified of any delinquent taxes for which the liability remains unsatisfied; or

(3) has or has not received a notice of a tax lien filed against the contractor for which the liability remains unsatisfied or for which the lien has not been released.

SEC. 565. TRANSPORTATION FACILITY ACCESS CONTROL PROGRAMS.

The Secretary of Homeland Security shall work with appropriate officials of Florida and of other States to resolve the differences between the Transportation Worker Identification Credential program administered by the Transportation Security Administration and existing State transportation facility access control programs.

SEC. 566. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card.

Sec. 567. Additional Assistance for Preparation of Plans.

Subparagraph (L) of section 33(b)(3) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is amended to read as follows:

`(L) To fund fire prevention programs, including planning and preparation for wildland fires.'.

SEC. 568. SENSE OF CONGRESS. It is the sense of Congress that sufficient funds should be appropriated to allow the Secretary to increase the number of personnel of U.S. Customs and Border Protection protecting the northern border by 1,517 officers and 788 agents, as authorized by--

(1) section 402 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56);

(2) section 331 of the Trade Act of 2002 (Public Law 107-210); and

(3) section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458).

SEC. 569. STUDY OF RADIO COMMUNICATIONS ALONG THE INTERNATIONAL BORDERS OF THE UNITED STATES- (a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall conduct a study to determine the areas along the international borders of the United States where Federal and State law enforcement officers are unable to achieve radio communication or where radio communication is inadequate.

(b) Development of Plan-

(1) IN GENERAL- Upon the conclusion of the study described in subsection (a), the Secretary shall develop a plan for enhancing radio communication capability along the international borders of the United States.

(2) CONTENTS- The plan developed under paragraph (1) shall include--

(A) an estimate of the costs required to implement the plan; and

(B) a description of the ways in which Federal, State, and local law enforcement officers could benefit from the implementation of the plan.

Sec. 570. Of the funds provided under this Act or any other Act to United States Citizenship and Immigration Services, not less than $1,000,000 shall be provided for a benefits fraud assessment of the H-1B Visa Program.

Sec. 571. (a) Report on Interagency Operational Centers for Port Security- Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to Congress a report, and make the report available on its website, on the implementation and use of interagency operational centers for port security under section 70107A of title 46, United States Code.

(b) Elements- The report required by subsection shall include the following:

(1) A detailed description of the progress made in transitioning Project Seahawk in Charleston, South Carolina, from the Department of Justice to the Coast Guard, including all projects and equipment associated with that project.

(2) A detailed description of that actions being taken to assure the integrity of Project Seahawk and ensure there is no loss in cooperation between the agencies specified in section 70107A(b)(3) of title 46, United State Code.

(3) A detailed description and explanation of any changes in Project Seahawk as of the date of the report, including any changes in Federal, State, or local staffing of that project.

SEC. 572. (a) The amount appropriated by title III for necessary expenses for programs authorized by the Federal Fire Prevention and Control Act of 1974 under the heading `FIREFIGHTER ASSISTANCE GRANTS' is hereby increased by $5,000,000 for necessary expenses to carry out the programs authorized under section 34 of that Act (15 U.S.C. 2229a).

(b) The amount appropriated by title III under the heading `INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY' is hereby reduced by $5,000,000.

SEC. 573. TSA ACQUISITION MANAGEMENT POLICY. (a) IN GENERAL- Section 114 of title 49, United States Code, is amended by striking subsection (o) and 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. 574. REPORT ON URBAN AREA SECURITY INITIATIVE. Not later than 180 days after the date of enactment of this Act, the Government Accountability Office shall submit a report to the appropriate congressional committees which describes the criteria and factors the Department of Homeland Security uses to determine the regional boundaries for Urban Area Security Initiative regions, including a determination if the Department is meeting its goal to implement a regional approach with respect to Urban Area Security Initiative regions, and provides recommendations for how the Department can better facilitate a regional approach for Urban Area Security Initiative regions.

SEC. 575. (a) In this section:

(1) The term `covered funds' means funds provided under section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) to a State that submits an application under that section not earlier than May 4, 2007, for a national emergency grant to address the effects of the May 4, 2007, Greensburg, Kansas tornado.

(2) The term `professional municipal services' means services that are necessary to facilitate the recovery of Greensburg, Kansas from that tornado, and necessary to plan for or provide basic management and administrative services, which may include--

(A) the overall coordination of disaster recovery and humanitarian efforts, oversight, and enforcement of building code compliance, and coordination of health and safety response units; or

(B) the delivery of humanitarian assistance to individuals affected by that tornado.

(b) Covered funds may be used to provide temporary public sector employment and services authorized under section 173 of such Act to individuals affected by such tornado, including individuals who were unemployed on the date of the tornado, or who are without employment history, in addition to individuals who are eligible for disaster relief employment under section 173(d)(2) of such Act.

(c) Covered funds may be used to provide professional municipal services for a period of not more than 24 months, by hiring or contracting with individuals or organizations (including individuals employed by contractors) that the State involved determines are necessary to provide professional municipal services.

(d) Covered funds expended under this section may be spent on costs incurred not earlier than May 4, 2007.

SEC. 576. DATA RELATING TO DECLARATIONS OF A MAJOR DISASTER. (a) In General- Notwithstanding any other provision of this Act, except as provided in subsection (b), and 30 days after the date that the President determines whether to declare a major disaster because of an event and any appeal is completed, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, and the Senate Committee on Appropriations, and publish on the website of the Federal Emergency Management Agency, a report regarding that decision, which shall summarize damage assessment information used to determine whether to declare a major disaster.

(b) Exception- The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security.

(c) Definitions- 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. 577. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE- If the Secretary of Homeland Security establishes a National Transportation Security Center of Excellence to conduct research and education activities, and to develop or provide professional security training, including the training of transportation employees and transportation professionals, the Mineta Transportation Institute at San Jose State University may be included as a member institution of such Center.

Sec. 578. Of amounts appropriated under section 1003, $100,000,000, with $50,000,000 each to the Cities of Denver, Colorado, and St. Paul, Minnesota, shall be available for State and local law enforcement entities for security and related costs, including overtime, associated with the Democratic National Conventional and Republican National Convention in 2008. Amounts provided by this section are designated as an emergency requirement pursuant to section 204 of S. Con. Res. 21 (110th Congress).

TITLE VI--BORDER LAW ENFORCEMENT RELIEF ACT

SEC. 601. Short Title.

This title may be cited as the `Border Law Enforcement Relief Act of 2007'.

SEC. 602. Border Relief Grant Program.

(a) Grants Authorized-

(1) IN GENERAL- The Secretary is authorized to award grants, subject to the availability of appropriations, to an eligible law enforcement agency to provide assistance to such agency to address--

(A) criminal activity that occurs in the jurisdiction of such agency by virtue of such agency's proximity to the United States border; and

(B) the impact of any lack of security along the United States border.

(2) DURATION- Grants may be awarded under this subsection during fiscal years 2008 through 2012.

(3) COMPETITIVE BASIS- The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community--

(A) with a population of less than 50,000; and

(B) located no more than 100 miles from a United States border with--

(i) Canada; or

(ii) Mexico.

(b) Use of Funds- Grants awarded pursuant to subsection (a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including--

(1) to obtain equipment;

(2) to hire additional personnel;

(3) to upgrade and maintain law enforcement technology;

(4) to cover operational costs, including overtime and transportation costs; and

(5) such other resources as are available to assist that agency.

(c) Application-

(1) IN GENERAL- Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--

(A) describe the activities for which assistance under this section is sought; and

(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.

(d) Definitions- For the purposes of this section:

(1) ELIGIBLE LAW ENFORCEMENT AGENCY- The term `eligible law enforcement agency' means a tribal, State, or local law enforcement agency--

(A) located in a county no more than 100 miles from a United States border with--

(i) Canada; or

(ii) Mexico; or

(B) located in a county more than 100 miles from any such border, but where such county has been certified by the Secretary as a High Impact Area.

(2) HIGH IMPACT AREA- The term `High Impact Area' means any county designated by the Secretary as such, taking into consideration--

(A) whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county;

(B) the relationship between any lack of security along the United States border and the rise, if any, of criminal activity in that county; and

(C) any other unique challenges that local law enforcement face due to a lack of security along the United States border.

(3) SECRETARY- The term `Secretary' means the Secretary of the Department of Homeland Security.

(e) Authorization of Appropriations-

(1) IN GENERAL- There are authorized to be appropriated $50,000,000 for each of fiscal years 2008 through 2012 to carry out the provisions of this section.

(2) DIVISION OF AUTHORIZED FUNDS- Of the amounts authorized under paragraph (1)--

(A) 2/3 shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; and

(B) 1/3 shall be set aside for areas designated as a High Impact Area under subsection (d).

(f) Supplement Not Supplant- Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this title.

SEC. 603. Enforcement of Federal Immigration Law.

Nothing in this title shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority.

TITLE VII--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

SEC. 701. SHORT TITLE.

This title may be cited as the `Border Infrastructure and Technology Modernization Act of 2007'.

SEC. 702. DEFINITIONS- In this title:

(1) COMMISSIONER- The term `Commissioner' means the Commissioner of United States Customs and Border Protection of the Department of 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.

(3) NORTHERN BORDER- The term `northern border' means the international border between the United States and Canada.

(4) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.

(5) SOUTHERN BORDER- The term `southern border' means the international border between the United States and Mexico.

SEC. 703. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY PERSONNEL- (a) Officers and Agents-

(1) INCREASE IN OFFICERS AND AGENTS- Subject to the availability of appropriations, during each of fiscal years 2009 through 2013, the Secretary shall--

(A) increase the number of full-time agents and associated support staff in United States Immigration and Customs Enforcement of the Department of Homeland Security by the equivalent of at least 100 more than the number of such employees as of the end of the preceding fiscal year; and

(B) increase the number of full-time officers, agricultural specialists, and associated support staff in United States Customs and Border Protection by the equivalent of at least 200 more than the number of such employees as of the end of the preceding fiscal year.

(2) WAIVER OF FTE LIMITATION- The Secretary is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of paragraph (1).

(b) Training- As necessary, the Secretary, acting through the Assistant Secretary for the United States Immigration and Customs Enforcement and the Commissioner, shall provide appropriate training for agents, officers, agricultural specialists, and associated support staff of the Department of Homeland Security to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States.

SEC. 704. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT 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 Assessment Study prepared by the United States Customs Service, the Immigration and Naturalization Service, and the General Services Administration in accordance with the matter relating to the ports of entry infrastructure assessment set forth in the joint explanatory statement on page 67 of conference report 106-319, accompanying Public Law 106-58; and

(B) the nationwide strategy to prioritize and address the infrastructure needs at the land ports of entry prepared by the Department of Homeland Security and the General Services Administration in accordance with the committee recommendations on page 22 of Senate report 108-86, accompanying Public Law 108-90;

(2) update the assessment of the infrastructure needs of all United States land ports of entry; and

(3) submit an updated assessment of land port of entry infrastructure needs to Congress.

(b) Consultation- In preparing the updated studies required under subsection (a), the Commissioner and the Administrator of General Services shall consult with the Director of the Office of Management and Budget, the Secretary, and affected State and local agencies on the northern and southern borders of the United States.

(c) Content- Each updated study required in subsection (a) shall--

(1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;

(2) include the projects identified in the National Land Border Security Plan required by section 805; and

(3) prioritize the projects described in paragraphs (1) and (2) based on the ability of a project--

(A) to enhance the ability of United States Customs and Border Protection to achieve its mission and to support operations;

(B) to fulfill security requirements; and

(C) facilitate trade across the borders of the United States.

(d) Project Implementation- The Commissioner, as appropriate, shall--

(1) implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority assigned to each project under subsection (c)(3); or

(2) forward the prioritized list of infrastructure and technology improvement projects to the Administrator of General Services for implementation in the order of priority assigned to each project under subsection (c)(3).

(e) Divergence From Priorities- The Commissioner may diverge from the priority order if the Commissioner determines that significantly changed circumstances, including immediate security needs, changes in infrastructure in Mexico or Canada, or similar concerns, compellingly alter the need for a project in the United States.

SEC. 705. NATIONAL LAND BORDER SECURITY PLAN- (a) Requirement for Plan- Not later than January 31 of every other year, the Secretary, acting through the Commissioner, shall prepare a National Land Border Security Plan and submit such plan to Congress.

(b) Consultation- In preparing the plan required under subsection (a), the Commissioner shall consult with other appropriate Federal agencies, State and local law enforcement agencies, and private entities that are involved in international trade across the northern or southern border.

(c) Vulnerability Assessment-

(1) IN GENERAL- The plan required under subsection (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 Secretary, acting through the Commissioner, may establish 1 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 subsection (a).

(d) COORDINATION WITH THE SECURE BORDER INITIATIVE- The plan required under subsection (a) shall include a description of activities undertaken during the previous year as part of the Secure Border Initiative and actions planned for the coming year as part of the Secure Border Initiative.

SEC. 706. EXPANSION OF COMMERCE SECURITY PROGRAMS- (a) Commerce Security Programs- (1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the size and scope, including personnel needs, of the Customs-Trade Partnership Against Terrorism program or other voluntary programs involving government entities and the private sector to strengthen and improve the overall security of the international supply chain and security along the northern and southern border of the United States.

(2) SOUTHERN BORDER SUPPLY CHAIN SECURITY- Not later than 1 year after the date of enactment of this Act, the Commissioner shall provide Congress with a plan to improve supply chain security along the southern border, including, where appropriate, plans to implement voluntary programs involving government entities and the private sector to strengthen and improve the overall security of the international supply chain that have been successfully implemented on the northern border.

SEC. 707. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM. (a) Establishment- The Secretary, acting through the Commissioner, shall carry out a technology demonstration program to test and evaluate new port of entry technologies, refine port of entry technologies and operational concepts, and train personnel under realistic conditions.

(b) Technology and Facilities-

(1) TECHNOLOGY TESTED- Under the demonstration program, the Commissioner shall test technologies that enhance 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.

(2) FACILITIES DEVELOPED- At a demonstration site selected pursuant to subsection (c)(3), the Commissioner shall develop any facilities needed to provide appropriate training to Federal law enforcement personnel who have responsibility for border security, including cross-training among agencies, advanced law enforcement training, and equipment orientation to the extent that such training is not being conducted at existing Federal facilities.

(c) Demonstration Sites-

(1) NUMBER- The Commissioner shall carry out the demonstration program at not less than 3 sites and not more than 5 sites.

(2) LOCATION- Of the sites selected under subsection (c)--

(A) at least 1 shall be located on the northern border of the United States; and

(B) at least 1 shall be located on the southern border of the United States.

(3) SELECTION CRITERIA- To ensure that 1 of the facilities selected as a port of entry demonstration site for the demonstration program has the most up-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 efficiently carry out demonstration and port of entry operations, 1 port of entry selected as a demonstration site may--

(A) have been established not more than 15 years before the date of the enactment of this Act;

(B) consist of not less than 65 acres, with the possibility of expansion onto not less than 25 adjacent acres; and

(C) have serviced an average of not more than 50,000 vehicles per month during the 12 months preceding the date of the enactment of this Act.

(d) Relationship With Other Agencies- The Secretary, acting through the Commissioner, shall permit personnel from appropriate Federal agencies to utilize a demonstration site described in subsection (c) to test technologies that enhance 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.

(e) Report-

(1) REQUIREMENT- Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out at each demonstration site under the technology demonstration program established under this section.

(2) CONTENT- The report shall include an assessment by the Commissioner of the feasibility of incorporating any demonstrated technology for use throughout United States Customs and Border Protection.

SEC. 708. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL- In addition to any funds otherwise available, there are authorized to be appropriated such sums as may be necessary to carry out sections 703, 704, 705, 706, and 707 for fiscal years 2009 through 2013.

(b) International Agreements- Funds authorized to be appropriated under this title may be used for the implementation of projects described in the Declaration on Embracing Technology and Cooperation to Promote the Secure 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.

DIVISION B--BORDER SECURITY

TITLE X--BORDER SECURITY REQUIREMENTS

SEC. 1001. Short Title.

This division may be cited as the `Border Security First Act of 2007'.

SEC. 1002. Border Security Requirements.

(a) Requirements- Not later than 2 years after the date of the enactment of this Act, the President shall ensure that the following are carried out:

(1) OPERATIONAL CONTROL OF THE INTERNATIONAL BORDER WITH MEXICO- The Secretary of Homeland Security shall establish and demonstrate operational control of 100 percent of the international land border between the United States and Mexico, including the ability to monitor such border through available methods and technology.

(2) STAFF ENHANCEMENTS FOR BORDER PATROL- The United States Customs and Border Protection Border Patrol shall hire, train, and report for duty 23,000 full-time agents.

(3) STRONG BORDER BARRIERS- The United States Customs and Border Protection Border Patrol shall--

(A) install along the international land border between the United States and Mexico at least--

(i) 300 miles of vehicle barriers;

(ii) 700 linear miles of fencing as required by the Secure Fence Act of 2006 (Public Law 109-367), as amended by this Act; and

(iii) 105 ground-based radar and camera towers; and

(B) deploy for use along the international land border between the United States and Mexico 4 unmanned aerial vehicles, and the supporting systems for such vehicles.

(4) CATCH AND RETURN- The Secretary of Homeland Security shall detain all removable aliens apprehended crossing the international land border between the United States and Mexico in violation of Federal or State law, except as specifically mandated by Federal or State law or humanitarian circumstances, and United States Immigration and Customs Enforcement shall have the resources to maintain this practice, including the resources necessary to detain up to 45,000 aliens per day on an annual basis.

(b) Presidential Progress Report-

(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until the requirements under subsection (a) are met, the President shall submit a report to Congress detailing the progress made in funding, meeting, or otherwise satisfying each of the requirements described under paragraphs (1) through (4) of subsection (a), including detailing any contractual agreements reached to carry out such measures.

SEC. 1003. Appropriations for Border Security.

There is hereby appropriated $3,000,000,000 to satisfy the requirements set out in section 1002(a) and, if any amount remains after satisfying such requirements, to achieve and maintain operational control over the international land and maritime borders of the United States, for employment eligibility verification improvements, for increased removal and detention of visa overstays, criminal aliens, aliens who have illegally reentered the United States, and for reimbursement of State and local section 287(g) expenses. These amounts are designated as an emergency requirement pursuant to section 204 of S. Con. Res. 21 (110th Congress).

This Act may be cited as the `Department of Homeland Security Appropriations Act, 2008'.

Passed the House of Representatives June 15, 2007.

Attest:

LORRAINE C. MILLER,

Clerk.

Passed the Senate July 26, 2007.

Attest:

NANCY ERICKSON,

Secretary.

END

July 26, 2007

[Strike out all after the enacting clause and insert the part printed in italic]

[Struck out->] TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS [<-Struck out]

[Struck out->] Office of the Secretary and Executive Management [<-Struck out]

[Struck out->] Office of the Under Secretary for Management [<-Struck out]

[Struck out->] Office of the Chief Financial Officer [<-Struck out]

[Struck out->] Office of the Chief Information Officer [<-Struck out]

[Struck out->] Analysis and Operations [<-Struck out]

[Struck out->] Office of the Federal Coordinator for Gulf Coast Rebuilding [<-Struck out]

[Struck out->] Inspector General [<-Struck out]

[Struck out->] OPERATING EXPENSES [<-Struck out]

[Struck out->] TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS [<-Struck out]

[Struck out->] United States Customs and Border Protection [<-Struck out]

[Struck out->] SALARIES AND EXPENSES [<-Struck out]

[Struck out->] AUTOMATION MODERNIZATION [<-Struck out]

[Struck out->] BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY [<-Struck out]

[Struck out->] AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT [<-Struck out]

[Struck out->] CONSTRUCTION [<-Struck out]

[Struck out->] United States Immigration and Customs Enforcement [<-Struck out]

[Struck out->] SALARIES AND EXPENSES [<-Struck out]

[Struck out->] FEDERAL PROTECTIVE SERVICE [<-Struck out]

[Struck out->] AUTOMATION MODERNIZATION [<-Struck out]

[Struck out->] CONSTRUCTION [<-Struck out]

[Struck out->] Transportation Security Administration [<-Struck out]

[Struck out->] AVIATION SECURITY [<-Struck out]

[Struck out->] SURFACE TRANSPORTATION SECURITY [<-Struck out]

[Struck out->] TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING [<-Struck out]

[Struck out->] TRANSPORTATION SECURITY SUPPORT [<-Struck out]

[Struck out->] FEDERAL AIR MARSHALS [<-Struck out]

[Struck out->] Coast Guard [<-Struck out]

[Struck out->] OPERATING EXPENSES [<-Struck out]

[Struck out->] ENVIRONMENTAL COMPLIANCE AND RESTORATION [<-Struck out]

[Struck out->] RESERVE TRAINING [<-Struck out]

[Struck out->] ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS [<-Struck out]

[Struck out->] (INCLUDING RESCISSIONS OF FUNDS) [<-Struck out]

[Struck out->] ALTERATION OF BRIDGES [<-Struck out]

[Struck out->] RESEARCH, DEVELOPMENT, TEST, AND EVALUATION [<-Struck out]

[Struck out->] RETIRED PAY [<-Struck out]

[Struck out->] United States Secret Service [<-Struck out]

[Struck out->] SALARIES AND EXPENSES [<-Struck out]

[Struck out->] ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES [<-Struck out]

[Struck out->] TITLE III--PROTECTION, PREPAREDNESS, RESPONSE AND RECOVERY [<-Struck out]

[Struck out->] National Protection and Programs Directorate [<-Struck out]

[Struck out->] MANAGEMENT AND ADMINISTRATION [<-Struck out]

[Struck out->] INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY [<-Struck out]

[Struck out->] UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY [<-Struck out]

[Struck out->] Office of Health Affairs [<-Struck out]

[Struck out->] Federal Emergency Management Agency [<-Struck out]

[Struck out->] MANAGEMENT AND ADMINISTRATION [<-Struck out]

[Struck out->] STATE AND LOCAL PROGRAMS [<-Struck out]

[Struck out->] FIREFIGHTER ASSISTANCE GRANTS [<-Struck out]

[Struck out->] EMERGENCY MANAGEMENT PERFORMANCE GRANTS [<-Struck out]

[Struck out->] RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM [<-Struck out]

[Struck out->] UNITED STATES FIRE ADMINISTRATION [<-Struck out]

[Struck out->] DISASTER RELIEF [<-Struck out]

[Struck out->] DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT [<-Struck out]

[Struck out->] FLOOD MAP MODERNIZATION FUND [<-Struck out]

[Struck out->] NATIONAL FLOOD INSURANCE FUND [<-Struck out]

[Struck out->] (INCLUDING TRANSFER OF FUNDS) [<-Struck out]

[Struck out->] NATIONAL FLOOD MITIGATION FUND [<-Struck out]

[Struck out->] (INCLUDING TRANSFER OF FUNDS) [<-Struck out]

[Struck out->] NATIONAL PRE-DISASTER MITIGATION FUND [<-Struck out]

[Struck out->] EMERGENCY FOOD AND SHELTER [<-Struck out]

[Struck out->] TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES [<-Struck out]

[Struck out->] United States Citizenship and Immigration Services [<-Struck out]

[Struck out->] Federal Law Enforcement Training Center [<-Struck out]

[Struck out->] SALARIES AND EXPENSES [<-Struck out]

[Struck out->] ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES [<-Struck out]

[Struck out->] Science and Technology [<-Struck out]

[Struck out->] MANAGEMENT AND ADMINISTRATION [<-Struck out]

[Struck out->] RESEARCH, DEVELOPMENT, ACQUISITION AND OPERATIONS [<-Struck out]

[Struck out->] Domestic Nuclear Detection Office [<-Struck out]

[Struck out->] MANAGEMENT AND ADMINISTRATION [<-Struck out]

[Struck out->] RESEARCH, DEVELOPMENT, AND OPERATIONS [<-Struck out]

[Struck out->] SYSTEMS ACQUISITION [<-Struck out]

[Struck out->] TITLE V--GENERAL PROVISIONS [<-Struck out]

[Struck out->] (RESCISSION OF FUNDS) [<-Struck out]

[Struck out->] SEC. 545. CRITICAL INFRASTRUCTURE VULNERABILITY. [<-Struck out]

TITLE I

DEPARTMENT OF HOMELAND SECURITY

[Struck out->] `TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS` [<-Struck out]

[Struck out->] `Office of the Secretary and Executive Management` [<-Struck out]

[Struck out->] `Office of the Under Secretary for Management` [<-Struck out]

[Struck out->] `Office of the Chief Financial Officer` [<-Struck out]

[Struck out->] `Office of the Chief Information Officer` [<-Struck out]

[Struck out->] `Analysis and Operations` [<-Struck out]

[Struck out->] `Office of the Federal Coordinator for Gulf Coast Rebuilding` [<-Struck out]

[Struck out->] `Inspector General` [<-Struck out]

[Struck out->] `OPERATING EXPENSES` [<-Struck out]

[Struck out->] `TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS` [<-Struck out]

[Struck out->] `United States Customs and Border Protection` [<-Struck out]

[Struck out->] `SALARIES AND EXPENSES` [<-Struck out]

[Struck out->] `AUTOMATION MODERNIZATION` [<-Struck out]

[Struck out->] `BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY` [<-Struck out]

[Struck out->] `AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT` [<-Struck out]

[Struck out->] `CONSTRUCTION` [<-Struck out]

[Struck out->] `United States Immigration and Customs Enforcement` [<-Struck out]

[Struck out->] `SALARIES AND EXPENSES` [<-Struck out]

[Struck out->] `FEDERAL PROTECTIVE SERVICE` [<-Struck out]

[Struck out->] `AUTOMATION MODERNIZATION` [<-Struck out]

[Struck out->] `CONSTRUCTION` [<-Struck out]

[Struck out->] `Transportation Security Administration` [<-Struck out]

[Struck out->] `AVIATION SECURITY` [<-Struck out]

[Struck out->] `SURFACE TRANSPORTATION SECURITY` [<-Struck out]

[Struck out->] `TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING` [<-Struck out]

[Struck out->] `TRANSPORTATION SECURITY SUPPORT` [<-Struck out]

[Struck out->] `FEDERAL AIR MARSHALS` [<-Struck out]

[Struck out->] `Coast Guard` [<-Struck out]

[Struck out->] `OPERATING EXPENSES` [<-Struck out]

[Struck out->] `ENVIRONMENTAL COMPLIANCE AND RESTORATION` [<-Struck out]

[Struck out->] `RESERVE TRAINING` [<-Struck out]

[Struck out->] `ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS` [<-Struck out]

[Struck out->] `(INCLUDING RESCISSIONS OF FUNDS)` [<-Struck out]

[Struck out->] `ALTERATION OF BRIDGES` [<-Struck out]

[Struck out->] `RESEARCH, DEVELOPMENT, TEST, AND EVALUATION` [<-Struck out]

[Struck out->] `RETIRED PAY` [<-Struck out]

[Struck out->] `United States Secret Service` [<-Struck out]

[Struck out->] `SALARIES AND EXPENSES` [<-Struck out]

[Struck out->] `ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES` [<-Struck out]

[Struck out->] `TITLE III--PROTECTION, PREPAREDNESS, RESPONSE AND RECOVERY` [<-Struck out]

[Struck out->] `National Protection and Programs Directorate` [<-Struck out]

[Struck out->] `MANAGEMENT AND ADMINISTRATION` [<-Struck out]

[Struck out->] `INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY` [<-Struck out]

[Struck out->] `UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY` [<-Struck out]

[Struck out->] `Office of Health Affairs` [<-Struck out]

[Struck out->] `Federal Emergency Management Agency` [<-Struck out]

[Struck out->] `MANAGEMENT AND ADMINISTRATION` [<-Struck out]

[Struck out->] `STATE AND LOCAL PROGRAMS` [<-Struck out]

[Struck out->] `FIREFIGHTER ASSISTANCE GRANTS` [<-Struck out]

[Struck out->] `EMERGENCY MANAGEMENT PERFORMANCE GRANTS` [<-Struck out]

[Struck out->] `RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM` [<-Struck out]

[Struck out->] `UNITED STATES FIRE ADMINISTRATION` [<-Struck out]

[Struck out->] `DISASTER RELIEF` [<-Struck out]

[Struck out->] `DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT` [<-Struck out]

[Struck out->] `FLOOD MAP MODERNIZATION FUND` [<-Struck out]

[Struck out->] `NATIONAL FLOOD INSURANCE FUND` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

[Struck out->] `NATIONAL FLOOD MITIGATION FUND` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

[Struck out->] `NATIONAL PRE-DISASTER MITIGATION FUND` [<-Struck out]

[Struck out->] `EMERGENCY FOOD AND SHELTER` [<-Struck out]

[Struck out->] `TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES` [<-Struck out]

[Struck out->] `United States Citizenship and Immigration Services` [<-Struck out]

[Struck out->] `Federal Law Enforcement Training Center` [<-Struck out]

[Struck out->] `SALARIES AND EXPENSES` [<-Struck out]

[Struck out->] `ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES` [<-Struck out]

[Struck out->] `Science and Technology` [<-Struck out]

[Struck out->] `MANAGEMENT AND ADMINISTRATION` [<-Struck out]

[Struck out->] `RESEARCH, DEVELOPMENT, ACQUISITION AND OPERATIONS` [<-Struck out]

[Struck out->] `Domestic Nuclear Detection Office` [<-Struck out]

[Struck out->] `MANAGEMENT AND ADMINISTRATION` [<-Struck out]

[Struck out->] `RESEARCH, DEVELOPMENT, AND OPERATIONS` [<-Struck out]

[Struck out->] `SYSTEMS ACQUISITION` [<-Struck out]

[Struck out->] `TITLE V--GENERAL PROVISIONS` [<-Struck out]

[Struck out->] `(RESCISSION OF FUNDS)` [<-Struck out]

[Struck out->] `SEC. 545. CRITICAL INFRASTRUCTURE VULNERABILITY.` [<-Struck out]