[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2638 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 2638

_______________________________________________________________________

                                 AN ACT


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $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.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $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.

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$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.

                        Analysis and Operations

    For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $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.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                           Inspector General

                           operating expenses

    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.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

              United States Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; purchase and 
lease of up to 4,500 (2,300 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.

                        automation modernization

    For expenses for customs and border protection automated systems, 
$476,609,000, to remain available until expended, of which not less 
than $316,969,000 shall be for the development of the Automated 
Commercial Environment: Provided, That of the total amount made 
available under this heading, $216,969,000 may not be obligated for the 
Automated Commercial Environment program until 30 days after the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a report on the results to date and plans for 
the program from the Department of Homeland Security that includes:
            (1) a detailed accounting of the program's progress up to 
        the date of the report in meeting prior commitments made to the 
        Committees relative to system capabilities or services, system 
        performance levels, mission benefits and outcomes, milestones, 
        cost targets, and program management capabilities;
            (2) an explicit plan of action defining how all unobligated 
        funds for the program from prior appropriations and all fiscal 
        year 2008 funds are to be spent to meet future program 
        commitments, with sufficient detail to link the planned 
        expenditure of funds to the milestone-based delivery of 
        specific capabilities, services, performance levels, mission 
        benefits and outcomes, and program management capabilities;
            (3) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program, with the status of the Department's efforts to address 
        the recommendations, including milestones for fully addressing 
        them;
            (4) a written certification by the Chief Financial Officer 
        of the Department of Homeland Security that the program has 
        been reviewed and approved in accordance with the Department's 
        investment management process, and that this process fulfills 
        all capital planning and investment control requirements and 
        reviews established by the Office of Management and Budget, 
        including Circular A-11, part 7, as well as copies of all 
        investment decision memoranda and supporting analyses generated 
        by and used in the Department's process;
            (5) a written certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent validation and verification agent has and will 
        continue to actively review the program, as well as summaries 
        of reviews conducted by the agent during the preceding 12 
        months;
            (6) a written certification by the Chief Information 
        Officer of the Department of Homeland Security that: the system 
        architecture is sufficiently aligned with the department's 
        information systems enterprise architecture to minimize future 
        rework, including: a description of all aspects of the 
        architectures that were and were not assessed in making the 
        alignment determination; the date of the alignment 
        determination; any known areas of misalignment; any associated 
        risks; and corrective actions to address any such areas;
            (7) a written certification by the Chief Information 
        Officer of the Department of Homeland Security that the program 
        has a risk management process that regularly and proactively 
        identifies, evaluates, mitigates, and monitors risks throughout 
        the system life cycle, and communicates high-risk conditions to 
        United States Customs and Border Protection and Department of 
        Homeland Security investment decision makers, as well as a 
        listing of the program's high risks and the status of efforts 
        to address them;
            (8) a written certification by the Chief Procurement 
        Officer of the Department of Homeland Security that the plans 
        for the program comply with the Federal acquisition rules, 
        requirements, guidelines, and practices, and a description of 
        the actions being taken to address areas of non-compliance, the 
        risks associated with them along with any plans for addressing 
        these risks and the status of their implementation; and
            (9) a written certification by the Chief Human Capital 
        Officer of the Department of Homeland Security that human 
        capital needs of the program are being strategically and 
        proactively managed, and that current human capital 
        capabilities are sufficient to execute the plans discussed in 
        the report.

        border security fencing, infrastructure, and technology

    For expenses for customs and border protection fencing, 
infrastructure, and technology, $1,000,000,000 (reduced by $5,000,000) 
(increased by $5,000,000) (increased by $89,125,000), to remain 
available until expended: Provided, That of the amount provided under 
this heading, $700,000,000 shall not be obligated until the Committees 
on Appropriations of the Senate and the House of Representatives 
receive and approve a plan for expenditure, prepared by the Secretary 
of Homeland Security and submitted within 60 days after the date of 
enactment of this Act, for a program to establish a security barrier 
along the borders of the United States of fencing and vehicle barriers, 
where practicable, and other forms of tactical infrastructure and 
technology, that--
            (1) defines activities, milestones, and costs for 
        implementing the program, including identification of the 
        maximum investment related to the Secure Border Initiative 
        network (SBInet) or successor contract, estimation of lifecycle 
        costs, and description of the methodology used to obtain these 
        cost figures;
            (2) demonstrates how activities will further the objectives 
        of the Secure Border Initiative (SBI), as defined in the SBI 
        multi-year strategic plan, and how the plan allocates funding 
        to the highest priority border security needs;
            (3) identifies funding and staffing (including full-time 
        equivalents, contractors, and detailees) requirements by 
        activity;
            (4) describes how the plan addresses security needs at the 
        Northern Border and the ports of entry, including 
        infrastructure, technology, design and operations requirements;
            (5) reports on costs incurred, the activities completed, 
        and the progress made by the program in terms of obtaining 
        operational control of the entire border of the United States;
            (6) includes an analysis by the Secretary, for each segment 
        of fencing or tactical infrastructure, of the selected approach 
        compared to other, alternative means of achieving operational 
        control; such analysis should include cost, level of 
        operational control, possible unintended effects on 
        communities, and other factors critical to the decision-making 
        process;
            (7) includes a certification by the Chief Procurement 
        Officer of the Department of Homeland Security that procedures 
        to prevent conflicts of interest between the prime integrator 
        and major subcontractors are established and that the SBI 
        Program Office has adequate staff and resources to effectively 
        manage the SBI program, SBInet contract, and any related 
        contracts, including the exercise of technical oversight, and a 
        certification by the Chief Information Officer of the 
        Department of Homeland Security that an independent 
        verification and validation agent is currently under contract 
        for the projects funded under this heading;
            (8) complies with all applicable acquisition rules, 
        requirements, guidelines, and best systems acquisition 
        management practices of the Federal Government;
            (9) complies with the capital planning and investment 
        control review requirements established by the Office of 
        Management and Budget, including Circular A-11, part 7;
            (10) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (11) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the Committees on 
Appropriations of the Senate and the House of Representatives on 
program progress to date, and specific objectives to be achieved 
through the award of current and remaining task orders planned for the 
balance of available appropriations: (1) at least 30 days prior to the 
award of any task order requiring the obligation in excess of 
$100,000,000; and (2) prior to the award of a task order that would 
cause cumulative obligations to exceed 50 percent of the total amount 
appropriated: Provided further, That of the funds provided under this 
heading, not more than $2,000,000 shall be used to reimburse the 
Defense Acquisition University for the costs of conducting a review of 
the SBInet contract and determining how and whether the Department is 
employing the best procurement practices: Provided further, That none 
of the funds under this heading may be obligated for fencing or 
tactical infrastructure on lands administered by the National Park 
Service, the United States Fish and Wildlife Service, the Forest 
Service, the Bureau of Indian Affairs, or the Bureau of Land Management 
unless the Secretary of Homeland Security coordinates such decision 
with that agency, and makes every effort to minimize impacts on 
wildlife and natural resources: Provided further, That none of the 
funds under this heading may be obligated for a fencing or tactical 
infrastructure project or activity unless the Secretary formally 
consults with affected State and local communities to solicit their 
advice and support of such project or activity: Provided further, That 
no funds under this heading may be obligated for any project or 
activity for which the Secretary has exercised waiver authority 
pursuant to section 102(c) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 days 
have elapsed from the date of the publication of the decision in the 
Federal Register.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, and rental payments 
for facilities occupied by the air or marine interdiction and demand 
reduction programs, the operations of which include the following: the 
interdiction of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; and at the 
discretion of the Secretary of Homeland Security, the provision of 
assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts, $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.

                              construction

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

           United States Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$4,146,300,000 (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.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings and 
for the operations of the Federal Protective Service: Provided, That 
none of the funds provided in this or any other Act, and none of the 
revenues or collections of security fees credited to this account, may 
be obligated for any activity that reduces the number of in-service 
Federal Protective Service police officers below the number of such 
officers as of October 1, 2006, unless--
            (1) the Director of the Federal Protective Service provides 
        to the head of the relevant lead State and local law 
        enforcement agencies for the jurisdiction concerned a report on 
        the number and type of cases handled by the Federal Protective 
        Service police in that jurisdiction for the previous two fiscal 
        years;
            (2) the Director of the Federal Protective Service 
        negotiates a Memorandum of Agreement with the head of each 
        relevant State and local law enforcement agency for the 
        jurisdiction concerned that explains how the work identified in 
        the report described in section (1) will be addressed in the 
        future; and
            (3) the Director of the Federal Protective Service submits 
        copies of each report under paragraph (1) and each memorandum 
        under paragraph (2) to the Committees on Appropriations of the 
        Senate and the House of Representatives by not later than 15 
        days before the number of in-service Federal Protective Service 
        police officers is reduced for the concerned jurisdiction.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $30,700,000, to remain available until expended: Provided, 
That none of the funds made available under this heading may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that--
            (1) meets the capital planning and investment control 
        review requirements established by the Office of Management and 
        Budget, including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security 
        information systems enterprise architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently 
        under contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (6) is reviewed by the Government Accountability Office.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$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.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,198,535,000, 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.

                    surface transportation security

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

           transportation threat assessment and credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $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.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $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.).

                          federal air marshals

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

                              Coast Guard

                           operating expenses

    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.

                environmental compliance and restoration

    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.

                            reserve training

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

              acquisition, construction, and improvements

                    (including rescissions of funds)

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $941,767,000, of which $20,000,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); of which $9,200,000 shall be available until September 30, 
2012, to acquire, repair, renovate, or improve vessels, small boats, 
and related equipment; of which $113,600,000 shall be available until 
September 30, 2010, for other equipment; of which $37,897,000 shall be 
available until September 30, 2010, for shore facilities and aids to 
navigation facilities; of which $82,720,000 shall be available for 
personnel compensation and benefits and related costs; and of which 
$698,350,000 shall be available until September 30, 2012, for the 
Integrated Deepwater Systems program: Provided, That of the funds made 
available for the Integrated Deepwater Systems program, $257,400,000 is 
for aircraft and $219,500,000 is for surface ships: Provided further, 
That $400,000,000 of the funds provided for the Integrated Deepwater 
Systems program may not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure directly from the Coast Guard that--
            (1) defines activities, milestones, yearly costs, and 
        lifecycle costs for each procurement of a major asset, 
        including an independent cost estimate for each;
            (2) identifies lifecycle staffing and training needs of 
        Coast Guard project managers and of procurement and contract 
        staff;
            (3) identifies competition to be conducted in each 
        procurement;
            (4) describes procurement plans that do not rely on a 
        single industry entity or contract;
            (5) contains very limited indefinite delivery/indefinite 
        quantity contracts and explains the need for any indefinite 
        delivery/indefinite quantity contracts;
            (6) complies with all applicable acquisition rules, 
        requirements, and guidelines, and incorporates the best systems 
        acquisition management practices of the Federal Government;
            (7) complies with the capital planning and investment 
        control requirements established by the Office of Management 
        and Budget, including circular A-11, part 7;
            (8) includes a certification by the Head of Contracting 
        Activity for the Coast Guard and the Chief Procurement Officer 
        of the Department of Homeland Security that the Coast Guard has 
        established sufficient controls and procedures and has 
        sufficient staffing to comply with all contracting requirements 
        and that any apparent conflicts of interest have been 
        sufficiently addressed;
            (9) includes a description of the process used to act upon 
        deviations from the contractually specified performance 
        requirements and clearly explains the actions taken on such 
        deviations;
            (10) includes a certification that the Assistant Commandant 
        of the Coast Guard for Engineering and Logistics is designated 
        as the technical authority for all engineering, design, and 
        logistics decisions pertaining to the Integrated Deepwater 
        Systems program;
            (11) identifies use of the Defense Contract Auditing 
        Agency; and
            (12) is reviewed by the Government Accountability Office:
Provided further, That the Commandant of the Coast Guard is authorized 
to dispose of surplus real property, by sale or lease, and the proceeds 
shall be credited to this appropriation as offsetting collections and 
shall be available until September 30, 2010: Provided further, That of 
amounts made available under this heading in Public Law 109-90 for the 
Offshore Patrol Cutter, $68,841,000 is rescinded: Provided further, 
That of amounts made available under this heading in Public Law 109-90 
and Public Law 109-295 for unmanned aerial vehicles, $38,608,000 is 
rescinded: Provided further, That the Secretary of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives, in conjunction with the President's fiscal 
year 2009 budget, a review of the Revised Deepwater Implementation Plan 
that identifies any changes to the plan for the fiscal year; an annual 
performance comparison of Deepwater assets to pre-Deepwater legacy 
assets; a status report of legacy assets; a detailed explanation of how 
the costs of legacy assets are being accounted for within the Deepwater 
program; and the earned value management system gold card data for each 
Deepwater asset: Provided further, That the Secretary shall submit to 
the Committees on Appropriations of the Senate and the House of 
Representatives a comprehensive review of the Revised Deepwater 
Implementation Plan every five years, beginning in fiscal year 2011, 
that includes a complete projection of the acquisition costs and 
schedule for the duration of the plan through fiscal year 2027: 
Provided further, That the Secretary shall annually submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget is submitted 
under section 1105(a) of title 31, United States Code, a future-years 
capital investment plan for the Coast Guard that identifies for each 
capital budget line item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next five fiscal years or until project completion, whichever 
        is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committees on 
        Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified.

                         alteration of bridges

    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.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$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.

                              retired pay

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

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 645 vehicles for police-type use 
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.

     acquisition, construction, improvements, and related expenses

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

       TITLE III--PROTECTION, PREPAREDNESS, RESPONSE AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for National Protection and Programs, the National Protection 
Planning Office, support 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.

           infrastructure protection and information security

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

    united states visitor and immigrant status indicator technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $462,000,000, to 
remain available until expended: Provided, That of the total amount 
made available under this heading, $232,000,000 may not be obligated 
for the United States Visitor and Immigrant Status Indicator Technology 
project until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that--
            (1) meets the capital planning and investment control 
        review requirements established by the Office of Management and 
        Budget, including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security 
        information systems enterprise architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently 
        under contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget;
            (6) is reviewed by the Government Accountability Office;
            (7) includes a comprehensive strategic plan for the United 
        States Visitor and Immigrant Status Indicator Technology 
        project;
            (8) includes a complete schedule for the full 
        implementation of a biometric exit program or a certification 
        that such program is not possible within five years; and
            (9) includes a detailed accounting of operation and 
        maintenance, contractor services, and program costs associated 
        with the management of identity services:
Provided further, That quarterly status reports on the US-VISIT program 
submitted to the Committees on Appropriations of the Senate and House 
of Representatives shall include reporting on coordination with Western 
Hemisphere Travel Initiative planning and implementation, the Secure 
Border Initiative, and other Departmental efforts that relate to US-
VISIT goals and activities.

                        Office of Health Affairs

    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.

                  Federal Emergency Management Agency

                     management and administration

    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.

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $3,101,000,000 (increased by $50,000,000) (increased by 
$1,000,000) (increased by $50,000,000), which shall be allocated as 
follows:
            (1) $550,000,000 for formula-based grants and $400,000,000 
        for law enforcement terrorism prevention grants pursuant to 
        section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, 
        That the application for grants shall be made available to 
        States within 45 days after the date of enactment of this Act; 
        that States shall submit applications within 90 days after the 
        grant announcement; and the Federal Emergency Management Agency 
        shall act within 90 days after receipt of an application: 
        Provided further, That not less than 80 percent of any grant 
        under this paragraph to a State or to Puerto Rico shall be made 
        available by the State or Puerto Rico to local governments 
        within 60 days after the receipt of the funds.
            (2) $1,858,000,000 (increased by $50,000,000) (increased by 
        $50,000,000) for discretionary grants, as determined by the 
        Secretary of Homeland Security, of which--
                    (A) $800,000,000 (increased by $50,000,000) shall 
                be for use in high-threat, high-density urban areas;
                    (B) $400,000,000 shall be for port security grants 
                pursuant to section 70107 of title 46, United States 
                Code;
                    (C) $10,000,000 shall be for trucking industry 
                security grants;
                    (D) $11,000,000 shall be for intercity bus security 
                grants;
                    (E) $400,000,000 shall be for intercity rail 
                passenger transportation (as defined in section 24102 
                of title 49, United States Code), freight rail, and 
                transit security grants;
                    (F) $50,000,000 (increased by $50,000,000) shall be 
                for buffer zone protection grants;
                    (G) $20,000,000 shall be for Commercial Equipment 
                Direct Assistance grants;
                    (H) $50,000,000 shall be for Metropolitan Medical 
                Response System grants;
                    (I) $17,000,000 shall be for Citizen Corps grants;
                    (J) $50,000,000 shall be for interoperable 
                communications grants; and
                    (K) $50,000,000 shall be for Real ID grants 
                pursuant to Public Law 109-13:
        Provided, That for grants under subparagraph (A), the 
        application for grants shall be made available to States within 
        45 days after the date of enactment of this Act; that States 
        shall submit applications within 90 days after the grant 
        announcement; and that the Federal Emergency Management Agency 
        shall act within 90 days after receipt of an application: 
        Provided further, That no less than 80 percent of any grant 
        under this paragraph to a State shall be made available by the 
        State to local governments within 60 days after the receipt of 
        the funds: Provided further, That for grants under 
        subparagraphs (B) through (K), the applications for such grants 
        shall be made available for competitive award to eligible 
        applicants not later than 75 days after the date of enactment 
        of this Act, that eligible applicants shall submit applications 
        not later than 45 days after the date of the grant 
        announcement, and that the Federal Emergency Management Agency 
        shall act on such applications not later than 60 days after the 
        date on which such an application is received.
            (3) $293,000,000 for training, exercises, technical 
        assistance, and other programs:
Provided, That none of the grants provided under this heading shall be 
used for the construction or renovation of facilities, except for 
emergency operations centers: Provided further, That the preceding 
proviso shall not apply to grants under subparagraphs (B), (C), (D), 
(F), (G), (H), (I), (J), and (K) of paragraph (2) of this heading: 
Provided further, That grantees shall provide additional reports on 
their use of funds, as determined necessary by the Secretary of 
Homeland Security: Provided further, That funds appropriated for law 
enforcement terrorism prevention grants under paragraph (1) of this 
heading and discretionary grants under paragraph (2)(A) of this heading 
shall be available for operational costs, including personnel overtime 
and overtime associated with certified training, as needed.

                     firefighter assistance grants

    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.

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That 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.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2008, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
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.

                   united states fire administration

    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.

                            disaster relief

    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.

            disaster assistance direct loan program account

    For activities under section 319 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5162), $875,000, of 
which $580,000 is for administrative expenses to carry out the direct 
loan program 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).

                      flood map modernization fund

    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.

                     national flood insurance fund

                     (including transfer of funds)

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $145,000,000, which is available as follows: (1) 
not to exceed $45,642,000 for salaries and expenses associated with 
flood mitigation and flood insurance operations; and (2) 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.

                     national flood mitigation fund

                     (including transfer of funds)

    Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and 
subsection (f), of section 1366 of the National Flood Insurance Act of 
1968 (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).

                 national pre-disaster mitigation fund

    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.

                       emergency food and shelter

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

       TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    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.

                Federal Law Enforcement Training Center

                         salaries and expenses

    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''.

     acquisition, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $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.

                         Science and Technology

                     management and administration

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

           research, development, acquisition and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.); $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.

                   Domestic Nuclear Detection Office

                     management and administration

    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.

                 research, development, and operations

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

                          systems acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $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.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act: Provided, That balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2008, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, office, or 
activity; (3) increases funds for any program, project, or activity for 
which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by either of the 
Committees on Appropriations of the Senate or House of Representatives 
for a different purpose; or (5) enters into a contract for the 
performance of any function or activity for which funds have been 
appropriated for Federal full-time equivalent positions; unless the 
Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2008, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent or more the total amount of 
funding for any existing program, project, or activity, or numbers of 
personnel by 10 percent or more as approved by the Congress; or (3) 
results from any general savings from a reduction in personnel that 
would result in a change in existing programs, projects, or activities 
as approved by the Congress; unless the Committees on Appropriations of 
the Senate and the House of Representatives are notified 15 days in 
advance of such reprogramming of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c), no funds shall 
be reprogrammed within or transferred between appropriations after June 
30, 2008, except in extraordinary circumstances which imminently 
threaten the safety of human life or the protection of property.
    Sec. 504. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the ``Department of Homeland Security Working Capital 
Fund'', except for the activities and amounts allowed in the 
President's fiscal year 2008 budget, excluding sedan service, shuttle 
service, transit subsidy, mail operations, parking, and competitive 
sourcing: Provided, That any additional activities and amounts shall be 
approved by the Committees on Appropriations of the Senate and the 
House of Representatives 30 days in advance of obligation.
    Sec. 505. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2008 from appropriations for salaries and expenses 
for fiscal year 2008 in this Act shall remain available through 
September 30, 2009, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2008.
    Sec. 507. The Federal Law Enforcement Training Accreditation Board 
shall lead the Federal law enforcement training accreditation process, 
to include representatives from the Federal law enforcement community 
and non-Federal accreditation experts involved in law enforcement 
training, to continue the implementation of measuring and assessing the 
quality and effectiveness of Federal law enforcement training programs, 
facilities, and instructors.
    Sec. 508. None of the funds in this Act may be used to make grant 
allocations, discretionary grant awards, discretionary contract awards, 
or to issue a letter of intent totaling in excess of $1,000,000, or to 
announce publicly the intention to make such awards, unless the 
Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
three full business days in advance: Provided, That no notification 
shall involve funds that are not available for obligation: Provided 
further, That the Administrator of the Federal Emergency Management 
Agency shall brief the Committees on Appropriations of the Senate and 
the House of Representatives 5 full business days in advance of 
announcing publicly the intention of making an award of formula-based 
grants, law enforcement terrorism prevention grants, or high-threat, 
high-density urban areas grants: Provided further, That such 
notification shall include a description of the project or projects to 
be funded including the city, county, and State.
    Sec. 509. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 510. The Director of the Federal Law Enforcement Training 
Center shall schedule basic or advanced law enforcement training at all 
four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these training centers are 
operated at the highest capacity throughout the fiscal year.
    Sec. 511. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus, if 
required under chapter 33 of title 40, United States Code, has not been 
approved, except that necessary funds may be expended for each project 
for required expenses for the development of a proposed prospectus.
    Sec. 512. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 513. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow on or successor passenger prescreening program, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all 10 conditions 
under paragraphs (1) through (10) of section 522(a) of the Department 
of Homeland Security Appropriations Act, 2005 (Public Law 108-334; 118 
Stat. 1319) have been successfully met.
    (b) The report required by subsection (a) shall be submitted within 
90 days after the Secretary provides the requisite certification, and 
periodically thereafter, if necessary, until the Government 
Accountability Office confirms that all ten conditions have been 
successfully met.
    (c) Within 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
detailed plan that describes: (1) the dates for achieving key 
milestones, including the date or timeframes that the Secretary will 
certify the program under subsection (a); and (2) the methodology to be 
followed to support the Secretary's certification, as required under 
subsection (a).
    (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (e) None of the funds provided in this or any other Act to any part 
of the Department of Homeland Security may be utilized to develop or 
test algorithms assigning risk to passengers whose names are not on 
Government watch lists.
    (f) None of the funds provided in this or any other Act may be used 
for data or a database that is obtained from or remains under the 
control of a non-Federal entity: Provided, That this restriction shall 
not apply to Passenger Name Record data obtained from air carriers.
    Sec. 514. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 515. None of the funds appropriated to the United States 
Secret Service by this or any other Act may be made available for the 
protection of the head of a Federal agency other than the Secretary of 
Homeland Security: Provided, That the Director of the United States 
Secret Service may enter into an agreement to perform such a service on 
a fully reimbursable basis.
    Sec. 516. (a) Section 513 of the Department of Homeland Security 
Appropriations Act, 2005, is amended by striking ``triple'' and 
inserting ``double''.
    (b) The amendment made by subsection (a) shall apply to the 
percentage of cargo inspected as required by Security Directives in 
effect as of the date of enactment of this Act.
    Sec. 517. (a) The Secretary of Homeland Security shall research, 
develop, and procure new technologies to inspect and screen air cargo 
carried on passenger aircraft at the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be used to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) Not later than 45 days after the end of the quarter, the 
Transportation Security Administration shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives a 
report on air cargo inspection statistics by airport and air carrier, 
including any reason for non-compliance with section 516.
    Sec. 518. None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under section 
222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, 
direct that changes be made to, delay, or prohibit the transmission to 
Congress of any report prepared under paragraph (6) of such section.
    Sec. 519. No funding provided in this or any other Act shall be 
available to pay the salary of any employee serving as a contracting 
officer's technical representative (COTR), or anyone acting in a 
similar capacity, who has not received COTR training.
    Sec. 520. Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' for fiscal years 2004, 2005, 2006, 
and 2007 that are recovered or deobligated shall be available only for 
the procurement or installation of explosive detection systems, for air 
cargo, baggage, and checkpoint screening systems, subject to 
notification: Provided, That quarterly reports shall be submitted to 
the Committees on Appropriations of the Senate and the House of 
Representatives on any funds that are recovered or deobligated.
    Sec. 521. Section 525 of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295), is amended--
            (1) in subsection (a)(2)(A) by inserting ``identifies and 
        describes the specific risk to the national transportation 
        system and therefore'' after ``information'';
            (2) in subsection (d) by striking ``like that'' and 
        inserting ``identical to those''; and
            (3) by adding at the end the following:
    ``(e) For the purposes of this section, the term `party's counsel' 
includes any employee who assists counsel in legal proceedings and who 
is so designated by counsel and approved by the judge overseeing the 
legal proceedings.''.
    Sec. 522. The Department of Homeland Security Working Capital Fund, 
established pursuant to  section 403 of Public Law 103-356 (31 U.S.C. 
501 note), shall continue operations during fiscal year 2008.
    Sec. 523. (a) The report required by Public Law 109-62 and Public 
Law 109-90 detailing the allocation and obligation of funds for 
``Disaster Relief'' shall hereafter be submitted monthly and include: 
(1) status of the Disaster Relief Fund including obligations, 
allocations, and amounts undistributed/unallocated; (2) allocations, 
obligations, and expenditures for Hurricanes Katrina, Rita, and Wilma; 
(3) information on national flood insurance claims; (4) information on 
manufactured housing data; (5) information on hotel and motel data; (6) 
obligations, allocations, and expenditures by State for unemployment, 
crisis counseling, inspections, housing assistance, manufactured 
housing, public assistance, and individual assistance; (7) mission 
assignment obligations by agency, including: (A) the amounts reimbursed 
to other agencies that are in suspense because the Federal Emergency 
Management Agency has not yet reviewed and approved the documentation 
supporting the expenditure; and (B) a disclaimer if the amounts of 
reported obligations and expenditures do not reflect the status of such 
obligations and expenditures from a government-wide perspective; (8) 
the amount of credit card purchases by agency and mission assignment; 
(9) specific reasons for all waivers granted and a description of each 
waiver; and (10) a list of all contracts that were awarded on a sole 
source or limited competition basis, including the dollar amount, the 
purpose of the contract and the reason for the lack of competitive 
award.
    (b) The Secretary of Homeland Security shall, at least quarterly, 
obtain and report from each agency performing mission assignments each 
such agency's actual obligation and expenditure data and include such 
data in the report referred to in subsection (a).
    (c) For any request for reimbursement from a Federal agency to the 
Department of Homeland Security to cover expenditures under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.), or any mission assignment orders issued by the 
Department of Homeland Security for such purposes, the Secretary of 
Homeland Security shall take appropriate steps to ensure that each 
agency is periodically reminded of Department of Homeland Security 
policies on--
            (1) the detailed information required in supporting 
        documentation for reimbursements; and
            (2) the necessity for timeliness of agency billings.
    Sec. 524. Within 45 days after the close of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report that includes 
total obligations and on-board versus funded full-time equivalent 
staffing levels.
    Sec. 525. Section 532(a) of Public Law 109-295 is amended by 
striking ``2007'' and inserting ``2008''.
    Sec. 526. None of the funds made available by this Act shall be 
used in contravention of the Federal buildings performance and 
reporting requirements of Executive Order No. 13123, part 3 of title V 
of the National Energy Conservation Policy Act (42 U.S.C. 8251 et 
seq.), or subtitle A of title I of the Energy Policy Act of 2005 
(including the amendments made thereby).
    Sec. 527. The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 528. None of the funds made available in this Act may be used 
in contravention of section 303 of the Energy Policy Act of 1992 (42 
U.S.C. 13212).
    Sec. 529. None of the funds made available by this Act may be used 
to take an action that would violate Executive Order No. 13149 (65 Fed. 
Reg. 24607; relating to greening the Government through Federal fleet 
and transportation efficiency).
    Sec. 530. (a) In General.--Any contract, subcontract, task or 
delivery order described in subsection (b) shall contain the following:
            (1) A requirement for a technical review of all designs, 
        design changes, and engineering change proposals, and a 
        requirement to specifically address all engineering concerns 
        identified in the review before the obligation of further funds 
        may occur.
            (2) A requirement that the Coast Guard maintain technical 
        warrant holder authority, or the equivalent, for major assets.
            (3) A requirement that no procurement subject to subsection 
        (b) for lead asset production or the implementation of a major 
        design change shall be entered into unless an independent third 
        party with no financial interest in the development, 
        construction, or modification of any component of the asset, 
        selected by the Commandant of the Coast Guard, determines that 
        such action is advisable.
            (4) A requirement for independent life-cycle cost estimates 
        of lead assets and major design and engineering changes.
            (5) A requirement for the measurement of contractor and 
        subcontractor performance based on the status of all work 
        performed. For contracts under the Integrated Deepwater Systems 
        program, such requirement shall include a provision that links 
        award fees to successful acquisition outcomes (which shall be 
        defined in terms of cost, schedule, and performance).
            (6) A requirement that the Commandant of the Coast Guard 
        assign an appropriate officer or employee of the Coast Guard to 
        act as chair of each integrated product team and higher-level 
        team assigned to the oversight of each integrated product team.
            (7) A requirement that the Commandant of the Coast Guard 
        may not award or issue any contract, task or delivery order, 
        letter contract modification thereof, or other similar 
        contract, for the acquisition or modification of an asset under 
        a procurement subject to subsection (b) unless the Coast Guard 
        and the contractor concerned have formally agreed to all terms 
        and conditions or the head of contracting activity of the Coast 
        Guard determines that a compelling need exists for the award or 
        issue of such instrument.
    (b) Contracts, Subcontracts, Task and Delivery Orders Covered.--
Subsection (a) applies to--
            (1) any major procurement contract, first-tier subcontract, 
        delivery or task order entered into by the Coast Guard;
            (2) any first-tier subcontract entered into under such a 
        contract; and
            (3) any task or delivery order issued pursuant to such a 
        contract or subcontract.
    (c) Reports.--Not later than 30 days after the date of enactment of 
this Act, the Commandant of the Coast Guard shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Transportation and Infrastructure 
of the House of Representatives: (1) a report on the resources 
(including training, staff, and expertise) required by the Coast Guard 
to provide appropriate management and oversight of the Integrated 
Deepwater Systems program; and (2) a report on how the Coast Guard will 
utilize full and open competition for any contract entered into after 
the date of enactment of the Act that provides for the acquisition or 
modification of assets under, or in support of, the Integrated 
Deepwater Systems program.
    Sec. 531. None of the funds provided by this or any other Act may 
be obligated for the development, testing, deployment, or operation of 
any system related to the MAX-HR project, or any subsequent but related 
human resources management project, until any pending litigation 
concerning such activities is resolved, and any legal claim or appeal 
by either party has been fully resolved.
    Sec. 532. (a) Amendments.--Section 550 of the Department of 
Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) is 
amended--
            (1) in subsection (c), by striking ``consistent with 
        similar'' and inserting ``identical to the protections given'';
            (2) in subsection (c), by striking ``, site security plans, 
        and other information submitted to or obtained by the Secretary 
        under this section, and related vulnerability or security 
        information, shall be treated as if the information were 
        classified material'' and inserting ``and site security plans 
        shall be treated as sensitive security information (as that 
        term is used in section 1520.5 of title 49, Code of Federal 
        Regulations, or any subsequent regulations relating to the same 
        matter)''; and
            (3) by adding at the end of the section the following:
    ``(h) This section shall not preclude or deny any right of any 
State or political subdivision thereof to adopt or enforce any 
regulation, requirement, or standard of performance with respect to 
chemical facility security that is more stringent than a regulation, 
requirement, or standard of performance issued under this section, or 
otherwise impair any right or jurisdiction of any State with respect to 
chemical facilities within that State.''.
    (b) Regulatory Clarification.--Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall update the regulations administered by the Secretary that govern 
sensitive security information, including 49 CFR 1520, to reference all 
information required to be protected under section 550(c) of the 
Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 
note), as amended by subsection (a).
    Sec. 533. The Commissioner of United States Customs and Border 
Protection shall, not later than July 1, 2008, establish for the United 
States Customs and Border Protection Officer (CBPO) position, a new 
classification (``CBPO/LEO''), which shall be identical to the current 
position description for a CBPO, and include, but not be limited to, 
eligibility for treatment accorded to law enforcement officers under 
subchapter III of chapter 83, and chapter 84 of title 5, United States 
Code. In developing the new classification, the Commissioner shall 
consult with the Office of Personnel Management, as well as employee 
groups that represent CBPOs. The option to elect to serve as a CBPO/LEO 
shall be available to all CBPOs who enter into service on or after July 
1, 2008, as well as to incumbent CBPOs currently serving on July 1, 
2008, who meet the maximum age requirements to serve in a law 
enforcement officer position.
    Sec. 534. In fiscal year 2008, none of funds made available in this 
or any other Act may be used to enforce section 4025(1) of Public Law 
108-458 if the Assistant Secretary (Transportation Security 
Administration) determines that butane lighters are not a significant 
threat to civil aviation security: Provided, That the Assistant 
Secretary (Transportation Security Administration) shall notify the 
Committee on Appropriations of the Senate and the House of 
Representatives 15 days in advance of such determination including a 
report on whether the effectiveness of screening operations is enhanced 
by suspending enforcement of the prohibition: Provided further, That if 
the Assistant Secretary has previously submitted a report pursuant to 
Section 530 of Public Law 108-458, no further report shall be required.
    Sec. 535. None of the funds provided in this Act may be used to 
alter or reduce operations within the Civil Engineering Program of the 
Coast Guard nationwide, including the civil engineering units, 
facilities, design and construction centers, maintenance and logistics 
command centers, and the Coast Guard Academy, except as specifically 
authorized by a statute enacted after the date of enactment of this 
Act.
    Sec. 536. None of the funds appropriated in this Act may be used 
for a grant or contract for any project that does not comply with the 
requirements of subchapter IV of chapter 31 of title 40, United States 
Code: Provided, That the President may suspend the provisions of such 
subchapter during a national emergency.
    Sec. 537. None of the funds appropriated in this Act may be 
obligated for a grant or contract awarded by a means other than full 
and open competition, other than a grant distributed by a formula or 
other mechanism that is required by statute. The Secretary of Homeland 
Security may waive the application of this subsection during a national 
emergency.
    Sec. 538. None of the funds provided in this Act shall be available 
to carry out section 872 of Public Law 107-296.
    Sec. 539. Section 44940(a)(2) of title 49, United States Code, is 
amended by striking the last sentence of subparagraph (A), and clause 
(iv) of subparagraph (B).

                         (rescission of funds)

    Sec. 540. From the unobligated balances of funds transferred to the 
Department of Homeland Security when it was created in 2003, excluding 
mandatory appropriations, $55,273,000 is rescinded, of which 
$12,084,003 shall be rescinded from Departmental Operations.
    Sec. 541. None of the funds provided by this or previous 
appropriation Acts shall be used to fund any position designated as a 
Principal Federal Official during any declared disasters or 
emergencies.
    Sec. 542. Section 46301(a) of title 49, United States Code, is 
amended by adding at the end the following:
            ``(6) Failure To Collect Airport Security Badges.--
        Notwithstanding paragraph (1), any employer (other than a 
        governmental entity or airport operator) who employs an 
        employee to whom an airport security badge or other identifier 
        used to obtain access to a secure area of an airport is issued 
        before, on, or after the date of enactment of this paragraph 
        and who does not collect or make reasonable efforts to collect 
        such badge from the employee on the date that the employment of 
        the employee is terminated and does not notify the operator of 
        the airport of such termination within 24 hours of the date of 
        such termination shall be liable to the Government for a civil 
        penalty not to exceed $10,000.''.
    Sec. 543. None of the funds made available in this Act may be used 
by U.S. Citizenship and Immigration Services to grant an immigration 
benefit to any individual unless all criminal history and other 
background checks required for the benefit have been completed, the 
results of such checks have been received by U.S. Citizenship and 
Immigration Services, and the results do not preclude the grant of the 
benefit.
    Sec. 544. None of the funds made available in this Act may be used 
to destroy or put to pasture any horse or mule belonging to the Unites 
States that has become unfit for service.

SEC. 545. CRITICAL INFRASTRUCTURE VULNERABILITY.

    None of the funds in this Act may be used to limit the 
implementation of Homeland Security Presidential Directive 7 (HSPD-7).
    Sec. 546. None of the funds made available in this Act may be used 
to implement any plan developed under section 7209(b)(1) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 
108-458; 8 U.S.C. 1185 note) before June 1, 2009.
    Sec. 547. None of the funds made available in this Act may be used 
in contravention of section 642(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
    Sec. 548. The Amount otherwise provided by this Act for 
``Firefighter Assistance Grants'' is hereby increased by $5,058,000, 
which shall be available to carry out section 34 of the Federal Fire 
Prevention and Control Act of 1974.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2008''.

            Passed the House of Representatives June 15, 2007.

            Attest:

                                                                 Clerk.