HR 2638
6-15-07, House Passed Bill 268-150
Senate & House Resolving Differences
Ordered to be printed with the amendment of the Senate
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] 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] 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] United States Customs and Border Protection [<-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: [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (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 [<-Struck out] (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-- [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (3) identifies funding and staffing (including full-time equivalents, contractors, and detailees) requirements by activity; [<-Struck out] (4) describes how the plan
addresses security needs at the Northern Border and the ports of entry,
including infrastructure, technology, design and operations
requirements; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (8) complies with all
applicable acquisition rules, requirements, guidelines, and best
systems acquisition management practices of the Federal Government; [<-Struck out] (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; [<-Struck out] (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 [<-Struck out] (11) is reviewed by the Government Accountability Office: [<-Struck out] 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] 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-- [<-Struck out] (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; [<-Struck out] (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 [<-Struck out] (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-- [<-Struck out] (1) meets the capital planning
and investment control review requirements established by the Office of
Management and Budget, including Circular A-11, part 7; [<-Struck out] (2) complies with the Department of Homeland Security information systems enterprise architecture; [<-Struck out] (3) complies with the
acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government; [<-Struck out] (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; [<-Struck out] (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 [<-Struck out] (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] 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] 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] (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--
[<-Struck out] (1) defines activities,
milestones, yearly costs, and lifecycle costs for each procurement of a
major asset, including an independent cost estimate for each; [<-Struck out] (2) identifies lifecycle staffing and training needs of Coast Guard project managers and of procurement and contract staff; [<-Struck out] (3) identifies competition to be conducted in each procurement; [<-Struck out] (4) describes procurement plans that do not rely on a single industry entity or contract; [<-Struck out] (5) contains very limited
indefinite delivery/indefinite quantity contracts and explains the need
for any indefinite delivery/indefinite quantity contracts; [<-Struck out] (6) complies with all
applicable acquisition rules, requirements, and guidelines, and
incorporates the best systems acquisition management practices of the
Federal Government; [<-Struck out] (7) complies with the capital
planning and investment control requirements established by the Office
of Management and Budget, including circular A-11, part 7; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (11) identifies use of the Defense Contract Auditing Agency; and [<-Struck out] (12) is reviewed by the Government Accountability Office: [<-Struck out] 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-- [<-Struck out] (1) the proposed appropriation included in that budget; [<-Struck out] (2) the total estimated cost of completion; [<-Struck out] (3) projected funding levels
for each fiscal year for the next five fiscal years or until project
completion, whichever is earlier; [<-Struck out] (4) an estimated completion date at the projected funding levels; and [<-Struck out] (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: [<-Struck out] 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] 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] National Protection and Programs Directorate [<-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-- [<-Struck out] (1) meets the capital planning
and investment control review requirements established by the Office of
Management and Budget, including Circular A-11, part 7; [<-Struck out] (2) complies with the Department of Homeland Security information systems enterprise architecture; [<-Struck out] (3) complies with the
acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government; [<-Struck out] (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; [<-Struck out] (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; [<-Struck out] (6) is reviewed by the Government Accountability Office; [<-Struck out] (7) includes a comprehensive strategic plan for the United States Visitor and Immigrant Status Indicator Technology project; [<-Struck out] (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 [<-Struck out] (9) includes a detailed
accounting of operation and maintenance, contractor services, and
program costs associated with the management of identity services: [<-Struck out] 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] 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: [<-Struck out] (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. [<-Struck out] (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-- [<-Struck out] (A) $800,000,000 (increased by $50,000,000) shall be for use in high-threat, high-density urban areas; [<-Struck out] (B) $400,000,000 shall be for port security grants pursuant to section 70107 of title 46, United States Code; [<-Struck out] (C) $10,000,000 shall be for trucking industry security grants; [<-Struck out] (D) $11,000,000 shall be for intercity bus security grants; [<-Struck out] (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; [<-Struck out] (F) $50,000,000 (increased by $50,000,000) shall be for buffer zone protection grants; [<-Struck out] (G) $20,000,000 shall be for Commercial Equipment Direct Assistance grants; [<-Struck out] (H) $50,000,000 shall be for Metropolitan Medical Response System grants; [<-Struck out] (I) $17,000,000 shall be for Citizen Corps grants; [<-Struck out] (J) $50,000,000 shall be for interoperable communications grants; and [<-Struck out] (K) $50,000,000 shall be for Real ID grants pursuant to Public Law 109-13: [<-Struck out] 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. [<-Struck out] (3) $293,000,000 for training, exercises, technical assistance, and other programs: [<-Struck out] 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] (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] (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] 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] 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] 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] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] (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. [<-Struck out] (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. [<-Struck out] (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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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.). [<-Struck out] 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. [<-Struck out] (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. [<-Struck out] (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). [<-Struck out] (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. [<-Struck out] (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. [<-Struck out] (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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] SEC. 516. (a) Section 513 of the
Department of Homeland Security Appropriations Act, 2005, is amended by
striking `triple' and inserting `double'. [<-Struck out] (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. [<-Struck out] 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. [<-Struck out] (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. [<-Struck out] (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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] SEC. 521. Section 525 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295), is amended-- [<-Struck out] (1) in subsection (a)(2)(A) by
inserting `identifies and describes the specific risk to the national
transportation system and therefore' after `information'; [<-Struck out] (2) in subsection (d) by striking `like that' and inserting `identical to those'; and [<-Struck out] (3) by adding at the end the following: [<-Struck out] `(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.'. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] (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). [<-Struck out] (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-- [<-Struck out] (1) the detailed information required in supporting documentation for reimbursements; and [<-Struck out] (2) the necessity for timeliness of agency billings. [<-Struck out] 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. [<-Struck out] SEC. 525. Section 532(a) of Public Law 109-295 is amended by striking `2007' and inserting `2008'. [<-Struck out] 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). [<-Struck out] 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). [<-Struck out] 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). [<-Struck out] 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). [<-Struck out] SEC. 530. (a) IN GENERAL- Any
contract, subcontract, task or delivery order described in subsection
(b) shall contain the following: [<-Struck out] (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. [<-Struck out] (2) A requirement that the Coast Guard maintain technical warrant holder authority, or the equivalent, for major assets. [<-Struck out] (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. [<-Struck out] (4) A requirement for independent life-cycle cost estimates of lead assets and major design and engineering changes. [<-Struck out] (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). [<-Struck out] (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. [<-Struck out] (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. [<-Struck out] (b) CONTRACTS, SUBCONTRACTS, TASK AND DELIVERY ORDERS COVERED- Subsection (a) applies to-- [<-Struck out] (1) any major procurement contract, first-tier subcontract, delivery or task order entered into by the Coast Guard; [<-Struck out] (2) any first-tier subcontract entered into under such a contract; and [<-Struck out] (3) any task or delivery order issued pursuant to such a contract or subcontract. [<-Struck out] (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. [<-Struck out] 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. [<-Struck out] SEC. 532. (a) AMENDMENTS- Section
550 of the Department of Homeland Security Appropriations Act, 2007 (6
U.S.C. 121 note) is amended-- [<-Struck out] (1) in subsection (c), by striking `consistent with similar' and inserting `identical to the protections given'; [<-Struck out] (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 [<-Struck out] (3) by adding at the end of the section the following: [<-Struck out] `(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.'. [<-Struck out] (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). [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] SEC. 538. None of the funds provided in this Act shall be available to carry out section 872 of Public Law 107-296. [<-Struck out] 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. [<-Struck out] 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. [<-Struck out] SEC. 542. Section 46301(a) of title 49, United States Code, is amended by adding at the end the following: [<-Struck out] `(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.'. [<-Struck out] 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. [<-Struck out] 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). [<-Struck out] 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. [<-Struck out] 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)). [<-Struck out] 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. [<-Struck out] This Act may be cited as the `Department of Homeland Security Appropriations Act, 2008'. [<-Struck out]