[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1644 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 204
110th CONGRESS
  1st Session
                                S. 1644

                          [Report No. 110-84]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2007

Mr. Byrd, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 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 fiscal year ending 
September 30, 2008, for the Department of Homeland Security and for 
other purposes, namely:

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

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

                        Analysis and Operations

    For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain 
available until September 30, 2009, of which not to exceed $5,000 shall 
be for official reception and representation expenses.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                      Office of Inspector General

                           operating expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $95,211,000, of which not to exceed $150,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; purchase and 
lease of up to 4,500 (2,400 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$6,601,058,000; of which $230,316,000 shall remain available until 
September 30, 2009, to support software development, equipment, 
contract services, and the implementation of inbound lanes and 
modification to vehicle primary processing lanes at ports of entry; of 
which $3,093,000 shall be derived from the Harbor Maintenance Trust 
Fund for administrative expenses related to the collection of the 
Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 
of which not to exceed $45,000 shall be for official reception and 
representation expenses; of which not less than $226,740,000 shall be 
for Air and Marine Operations; of which such sums as become available 
in the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of 
which not to exceed $150,000 shall be available for payment for rental 
space in connection with preclearance operations; 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.

                        automation modernization

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

        border security fencing, infrastructure, and technology

    For expenses for customs and border protection fencing, 
infrastructure, and technology, $1,000,000,000, to remain available 
until expended: Provided, That of the amount provided under this 
heading, $500,000,000 shall not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure, prepared by the Secretary of 
Homeland Security and submitted within 90 days after the date of 
enactment of this Act, that includes:
            (1) a detailed accounting of the program's progress to date 
        relative to system capabilities or services, system performance 
        levels, mission benefits and outcomes, milestones, cost 
        targets, and program management capabilities;
            (2) an explicit plan of action defining how all funds are 
        to be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance 
        levels, mission benefits and outcomes, and program management 
        capabilities;
            (3) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones 
        for fully addressing them;
            (4) a certification by the Chief Financial Officer of the 
        Department that the program has been reviewed and approved in 
        accordance with the investment management process of the 
        Department, and that the process fulfills all capital planning 
        and investment control requirements and reviews established by 
        the Office of Management and Budget, including Circular A-11, 
        part 7;
            (5) a certification by the Chief Information Officer of the 
        Department that an independent validation and verification 
        agent has and will continue to actively review the program;
            (6) a certification by the Chief Information Officer of the 
        Department that the system architecture of the program is 
        sufficiently aligned with the information systems enterprise 
        architecture of the Department to minimize future rework, 
        including a description of all aspects of the architectures 
        that were and were not assessed in making the alignment 
        determination, the date of the alignment determination, any 
        known areas of misalignment along with the associated risks and 
        corrective actions to address any such areas;
            (7) a certification by the Chief Procurement Officer of the 
        Department that the plans for the program comply with the 
        Federal acquisition rules, requirements, guidelines, and 
        practices, and a description of the actions being taken to 
        address areas of non-compliance, the risks associated with them 
        along with any plans for addressing these risks and the status 
        of their implementation;
            (8) a certification by the Chief Information Officer of the 
        Department that the program has a risk management process that 
        regularly identifies, evaluates, mitigates, and monitors risks 
        throughout the system life cycle, and communicates high-risk 
        conditions to agency and department heads, as well as a listing 
        of all the program's high risks and the status of efforts to 
        address them;
            (9) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report;
            (10) a description of initial plans for securing the 
        Northern border and United States maritime border; and
            (11) which is reviewed by the Government Accountability 
        Office.

 air and marine interdiction, operations, maintenance, and procurement

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

                              construction

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

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

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

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings and 
for the operations of the Federal Protective Service: Provided, That 
the Secretary of Homeland Security and the Director of the Office of 
Management and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representatives no later 
than November 1, 2007, that the operations of the Federal Protective 
Service will be fully funded in fiscal year 2008 through revenues and 
collection of security fees: Provided further, That a certification 
shall be provided no later than February 10, 2008, for fiscal year 
2009.

                        automation modernization

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

                              construction

    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, 
$16,250,000, to remain available until expended.

                 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), $5,039,559,000, to remain 
available until September 30, 2009, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not to 
exceed $4,074,889,000 shall be for screening operations, of which 
$529,400,000 shall be available only for procurement and installation 
of checked baggage explosive detection systems; and not to exceed 
$964,445,000 shall be for aviation security direction and enforcement: 
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security: Provided further, That the sum herein appropriated 
from the General Fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2008, so as 
to result in a final fiscal year appropriation from the General Fund 
estimated at not more than $2,329,334,000: Provided further, That any 
security service fees collected in excess of the amount made available 
under this heading shall become available during fiscal year 2009: 
Provided further, That Members of the United States House of 
Representatives and United States Senate, including the leadership; and 
the heads of Federal agencies and commissions, including the Secretary, 
Under Secretaries, and Assistant Secretaries of the Department of 
Homeland Security; the United States Attorney General and Assistant 
Attorneys General and the United States attorneys; and senior members 
of the Executive Office of the President, including the Director of the 
Office of Management and Budget; shall not be exempt from Federal 
passenger and baggage screening.

                    surface transportation security

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

           transportation threat assessment and credentialing

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

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $524,515,000, 
to remain available until September 30, 2009: Provided, That of the 
funds appropriated under this heading, $20,000,000 may not be obligated 
until the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a 
strategic plan required for checkpoint technologies as described in the 
joint explanatory statement of managers accompanying the fiscal year 
2007 conference report (H. Rept. 109-699): Provided further, That this 
plan shall be submitted no later than 60 days after the date of 
enactment of this Act.

                          federal air marshals

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

                       United States Coast Guard

                           operating expenses

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

                environmental compliance and restoration

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

                            reserve training

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

              acquisition, construction, and improvements

                    (including rescissions of funds)

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,048,068,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $9,200,000 shall be available until 
September 30, 2012, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $173,600,000 shall be 
available until September 30, 2010, for other equipment; of which 
$37,897,000 shall be available until September 30, 2010, for shore 
facilities and aids to navigation facilities; of which $505,000 shall 
be available for personnel related costs; and of which $770,079,000 
shall be available until September 30, 2012, for the Integrated 
Deepwater Systems program: Provided, That the Commandant of the Coast 
Guard is authorized to dispose of surplus real property, by sale or 
lease, and the proceeds shall be credited to this appropriation as 
offsetting collections and shall be available until September 30, 2010: 
Provided further, That of amounts made available under this heading in 
Public Law 109-90, $48,787,000 for the Offshore Patrol Cutter are 
rescinded: Provided further, That of the amounts made available under 
this heading in Public Law 109-295, $8,000,000 for the Fast Response 
Cutter (FRC-A) are rescinded: Provided further, That the Secretary 
shall submit an expenditure plan to the Committees on Appropriations of 
the Senate and the House of Representatives within 60 days after the 
date of enactment of this Act for funds made available for the 
Integrated Deepwater Program, that: (1) defines activities, milestones, 
yearly costs, and life-cycle costs for each procurement of a major 
asset; (2) identifies life-cycle staffing and training needs of Coast 
Guard project managers and of procurement and contract staff; (3) 
includes a certification by the Chief Human Capital Officer of the 
Department that current human capital capabilities are sufficient to 
execute the plans discussed in the report; (4) identifies individual 
project balances by fiscal year, including planned carryover into 
fiscal year 2009 by project; (5) identifies operational gaps for all 
Deepwater assets and an explanation of how funds provided in this Act 
address the shortfalls between current operational capabilities and 
requirements; (6) includes a listing of all open Government 
Accountability Office and Office of Inspector General recommendations 
related to the program and the status of Coast Guard actions to address 
the recommendations, including milestones for fully addressing them; 
(7) includes a certification by the Chief Financial Officer of the 
Department that the program has been reviewed and approved in 
accordance with the investment management process of the Department, 
and that the process fulfills all capital planning and investment 
control requirements and reviews established by the Office of 
Management and Budget, including Circular A-11, part 7; (8) identifies 
competition to be conducted in each procurement; (9) includes a 
certification by the head of contracting activity for the Coast Guard 
and the Chief Procurement Officer of the Department that the plans for 
the program comply with the Federal acquisition rules, requirements, 
guidelines, and practices, and a description of the actions being taken 
to address areas of non-compliance, the risks associated with them 
along with plans for addressing these risks and the status of their 
implementation; (10) identifies the use of independent validation and 
verification; and (11) is reviewed by the Government Accountability 
Office: Provided further, That the Secretary of Homeland Security shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives, in conjunction with the President's fiscal year 
2009 budget, a review of the Revised Deepwater Implementation Plan that 
identifies any changes to the plan for the fiscal year; an annual 
performance comparison of Deepwater assets to pre-Deepwater legacy 
assets; a status report of legacy assets; a detailed explanation of how 
the costs of legacy assets are being accounted for within the Deepwater 
program; and the earned value management system gold card data for each 
Deepwater asset: Provided further, That the Secretary shall submit to 
the Committees on Appropriations of the Senate and the House of 
Representatives a comprehensive review of the Revised Deepwater 
Implementation Plan every five years, beginning in fiscal year 2011, 
that includes a complete projection of the acquisition costs and 
schedule for the duration of the plan through fiscal year 2027: 
Provided further, That the Secretary shall annually submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget is submitted 
under section 1105(a) of title 31, United States Code, a future-years 
capital investment plan for the Coast Guard that identifies for each 
capital budget line item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next five fiscal years or until project completion, whichever 
        is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committees on 
        Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified.

                         alteration of bridges

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

              research, development, test, and evaluation

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

                              retired pay

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

                      United States Secret Service

                         salaries and expenses

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

     acquisition, construction, improvements, and related expenses

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

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

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

           infrastructure protection and information security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$527,099,000, of which $497,099,000 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), $362,000,000, to 
remain available until expended: Provided, That of the total amount 
made available under this heading, $100,000,000 may not be obligated 
for the United States Visitor and Immigrant Status Indicator Technology 
project until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that includes:
            (1) a detailed accounting of the program's progress to date 
        relative to system capabilities or services, system performance 
        levels, mission benefits and outcomes, milestones, cost 
        targets, and program management capabilities;
            (2) an explicit plan of action defining how all funds are 
        to be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance 
        levels, mission benefits and outcomes, and program management 
        capabilities;
            (3) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones 
        for fully addressing them;
            (4) a certification by the Chief Financial Officer of the 
        Department that the program has been reviewed and approved in 
        accordance with the investment management process of the 
        Department, and that the process fulfills all capital planning 
        and investment control requirements and reviews established by 
        the Office of Management and Budget, including Circular A-11, 
        part 7;
            (5) a certification by the Chief Information Officer of the 
        Department that an independent validation and verification 
        agent has and will continue to actively review the program;
            (6) a certification by the Chief Information Officer of the 
        Department that the system architecture of the program is 
        sufficiently aligned with the information systems enterprise 
        architecture of the Department to minimize future rework, 
        including a description of all aspects of the architectures 
        that were and were not assessed in making the alignment 
        determination, the date of the alignment determination, any 
        known areas of misalignment along with the associated risks and 
        corrective actions to address any such areas;
            (7) a certification by the Chief Procurement Officer of the 
        Department that the plans for the program comply with the 
        Federal acquisition rules, requirements, guidelines, and 
        practices, and a description of the actions being taken to 
        address areas of non-compliance, the risks associated with them 
        along with any plans for addressing these risks and the status 
        of their implementation;
            (8) a certification by the Chief Information Officer of the 
        Department that the program has a risk management process that 
        regularly identifies, evaluates, mitigates, and monitors risks 
        throughout the system life cycle, and communicates high-risk 
        conditions to agency and department heads, as well as a listing 
        of all the program's high risks and the status of efforts to 
        address them;
            (9) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report; and
            (10) which is reviewed by the Government Accountability 
        Office.

                        Office of Health Affairs

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

                  Federal Emergency Management Agency

                     management and administration

    For necessary expenses for management and administration, 
$678,600,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 
the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
sections 107 and 303 of the National Security Act of 1947 (50 U.S.C. 
404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-
Katrina Emergency Management Reform Act of 2006 (Public Law 109-295; 
120 Stat. 1394): Provided, That not to exceed $3,000 shall be for 
official reception and representation expenses: Provided further, That 
$426,020,000 shall be for Operations Activities: Provided further, That 
$216,580,000 shall be for Management Activities: Provided further, That 
$6,000,000 shall be for the Office of the National Capital Region 
Coordination: Provided further, That for purposes of planning, 
coordination, execution, and decisionmaking related to mass evacuation 
during a disaster, the Governors of the State of West Virginia and the 
Commonwealth of Pennsylvania, or their designees, shall be incorporated 
into efforts to integrate the activities of Federal, State, and local 
governments in the National Capital Region, as defined in section 882 
of Public Law 107-296, the Homeland Security Act of 2002: Provided 
further, That of the total amount made available under this heading, 
$30,000,000 shall be for Urban Search and Rescue Teams, of which not to 
exceed $1,600,000 may be made available for administrative costs.

                        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, $3,030,500,000, which shall be allocated as follows:
            (1) $525,000,000 for formula-based grants and $375,000,000 
        for law enforcement terrorism prevention grants, to be 
        allocated in accordance with section 1014 of the USA PATRIOT 
        ACT (42 U.S.C. 3714): Provided, That not to exceed 3 percent of 
        these amounts shall be available for program administration: 
        Provided further, That the application for grants shall be made 
        available to States within 45 days after the date of enactment 
        of this Act; that States shall submit applications within 90 
        days after the grant announcement; and the Federal Emergency 
        Management Agency shall act within 90 days after receipt of an 
        application: Provided further, That, in the event established 
        timeframes detailed in the preceding proviso for departmental 
        actions are missed, funding for the Immediate Office of the 
        Deputy Secretary shall be reduced by $1,000 per day until such 
        actions are executed: Provided further, That not less than 80 
        percent of any grant under this paragraph to a State shall be 
        made available by the State to local governments within 60 days 
        after the receipt of the funds; except in the case of Puerto 
        Rico, where not less than 50 percent of any grant under this 
        paragraph shall be made available to local governments within 
        60 days after the receipt of the funds.
            (2) $1,836,000,000 for discretionary grants, as determined 
        by the Secretary of Homeland Security, of which--
                    (A) $820,000,000 shall be for use in high-threat, 
                high-density urban areas, of which $20,000,000 shall be 
                available for assistance to organizations (as described 
                under section 501(c)(3) of the Internal Revenue Code of 
                1986 and exempt from tax section 501(a) of such code) 
                determined by the Secretary to be at high-risk of a 
                terrorist attack;
                    (B) $50,000,000 shall be for the Regional 
                Catastrophic Preparedness Grants;
                    (C) $400,000,000 shall be for infrastructure 
                protection grants related to port security pursuant to 
                46 U.S.C. 70107;
                    (D) $16,000,000 shall be for infrastructure 
                protection grants related to trucking industry 
                security;
                    (E) $12,000,000 shall be for infrastructure 
                protection grants related to intercity bus security;
                    (F) $400,000,000 shall be for infrastructure 
                protection grants related to intercity rail passenger 
                transportation (as defined in section 24102 of title 
                49, United States Code), freight rail, and transit 
                security;
                    (G) $50,000,000 shall be for infrastructure 
                protection grants related to buffer zone protection;
                    (H) $40,000,000 shall be available for the 
                Commercial Equipment Direct Assistance Program;
                    (I) $33,000,000 shall be for the Metropolitan 
                Medical Response System; and
                    (J) $15,000,000 shall be for Citizens Corps:
        Provided, That not to exceed 3 percent of subparagraphs (A)-(J) 
        shall be available for program administration: Provided 
        further, That for grants under subparagraphs (A), (B), and (J), 
        the application for grants shall be made available to States 
        within 45 days after the date of enactment of this Act; that 
        States shall submit applications within 90 days after the grant 
        announcement; and that the Federal Emergency Management Agency 
        shall act within 90 days after receipt of an application: 
        Provided further, That, in the event established timeframes 
        detailed in the preceding proviso for departmental actions are 
        missed, funding for the Immediate Office of the Deputy 
        Secretary shall be reduced by $1,000 per day until such actions 
        are executed: Provided further,  That no less than 80 percent 
        of any grant under this paragraph to a State shall be made 
        available by the State to local governments within 60 days 
        after the receipt of the funds: Provided further, That for 
        grants under subparagraphs (C) through (G), the applications 
        for such grants shall be made available to eligible applicants 
        not later than 75 days after the date of enactment of this Act, 
        eligible applicants shall submit applications not later than 45 
        days after the date of the grant announcement, and the Federal 
        Emergency Management Agency shall act on such applications not 
        later than 60 days after the date on which such an application 
        is received: Provided further, That, in the event established 
        timeframes detailed in the preceding proviso for departmental 
        actions are missed, funding for the Immediate Office of the 
        Deputy Secretary shall be reduced by $1,000 per day until such 
        actions are executed.
            (3) $294,500,000 for training, exercises, technical 
        assistance, and other programs:
Provided, That none of the grants provided under this heading shall be 
used for the construction or renovation of facilities, except for a 
minor perimeter security project, not to exceed $1,000,000, as 
determined necessary by the Secretary of Homeland Security: Provided 
further, That the preceding proviso shall not apply to grants under 
subparagraphs (B), (C), (F), and (G) of paragraph (2) of this heading: 
Provided further, That funds appropriated for law enforcement terrorism 
prevention grants under paragraph (1) of this heading and discretionary 
grants under paragraph (2)(A) of this heading shall be available for 
operational costs, to include personnel overtime and overtime 
associated with the Federal Emergency Management Agency certified 
training, as needed: Provided further, That the Government 
Accountability Office shall report on the validity, relevance, 
reliability, timeliness, and availability of the risk factors 
(including threat, vulnerability, and consequence) used by the 
Secretary of Homeland Security for the purpose of allocating grants 
funded under this heading, and the application of those factors in the 
allocation of funds to the Committees on Appropriations of the Senate 
and the House of Representatives on its findings not later than 45 days 
after the date of enactment of this Act: Provided further, That within 
seven days after the date of enactment of this Act, the Secretary of 
Homeland Security shall provide the Government Accountability Office 
with the risk methodology and other factors that will be used to 
allocate grants funded under this heading.

                     firefighter assistance grants

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

                emergency management performance grants

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

              radiological emergency preparedness program

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

                   united states fire administration

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

                            disaster relief

                     (including transfer of funds)

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

            disaster assistance direct loan program account

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

                      flood map modernization fund

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

                     national flood insurance fund

                     (including transfer of funds)

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

                     national flood mitigation fund

                     (including transfer of funds)

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

                 national pre-disaster mitigation fund

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

                       emergency food and shelter

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center

                         salaries and expenses

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

     acquisitions, construction, improvements, and related expenses

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

                         Science and Technology

                     management and administration

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

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office

                     management and administration

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

           research, development, acquisition, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation and operations, $336,000,000, to 
remain available until expended.

                          systems acquisition

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. None of the funds available in this Act shall be 
available to carry out section 872 of Public Law 107-296.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2008, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes to 
use funds directed for a specific activity by either of the Committees 
on Appropriations of the Senate or the House of Representatives for a 
different purpose; or (5) contracts out any function or activity for 
which funding levels were requested for Federal full-time equivalents 
in the object classification tables contained in the fiscal year 2008 
Budget Appendix for the Department of Homeland Security, as modified by 
the joint explanatory statement accompanying this Act; unless the 
Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2008, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) of this section and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
which imminently threaten the safety of human life or the protection of 
property.
    Sec. 504. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the ``Department of Homeland Security Working Capital 
Fund'', except for the activities and amounts allowed in the 
President's fiscal year 2008 budget, excluding sedan service, shuttle 
service, transit subsidy, mail operations, parking, and competitive 
sourcing: Provided, That any additional activities and amounts shall be 
approved by the Committees on Appropriations of the Senate and the 
House of Representatives 30 days in advance of obligation.
    Sec. 505. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2008 from appropriations for salaries and expenses 
for fiscal year 2008 in this Act shall remain available through 
September 30, 2009, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2008.
    Sec. 507. The Federal Law Enforcement Training Accreditation Board 
shall lead the Federal law enforcement training accreditation process, 
to include representatives from the Federal law enforcement community 
and non-Federal accreditation experts involved in law enforcement 
training, to continue the implementation of measuring and assessing the 
quality and effectiveness of Federal law enforcement training programs, 
facilities, and instructors.
    Sec. 508. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000, or to 
announce publicly the intention to make such an award, unless the 
Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
three full business days in advance: Provided, That no notification 
shall involve funds that are not available for obligation: Provided 
further, That the notification shall include the amount of the award, 
the fiscal year in which the funds for the award were appropriated, and 
the account for which the funds are being drawn from: Provided further, 
That the Federal Emergency Management Agency shall brief the Committees 
on Appropriations of the Senate and the House of Representatives five 
full business days in advance of announcing publicly the intention of 
making an award of formula-based grants; law enforcement terrorism 
prevention grants; high-threat, high-density urban areas grants; or 
regional catastrophic preparedness grants.
    Sec. 509. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 510. The Director of the Federal Law Enforcement Training 
Center shall schedule basic and/or advanced law enforcement training at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these training centers are 
operated at the highest capacity throughout the fiscal year.
    Sec. 511. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, or acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not 
been approved, except that necessary funds may be expended for each 
project for required expenses for the development of a proposed 
prospectus.
    Sec. 512. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 513. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow on or successor passenger prescreening program, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all ten of the 
conditions contained in paragraphs (1) through (10) of section 522(a) 
of Public Law 108-334 (118 Stat. 1319) have been successfully met.
    (b) The report required by subsection (a) shall be submitted within 
90 days after the Secretary provides the requisite certification, and 
periodically thereafter, if necessary, until the Government 
Accountability Office confirms that all ten conditions have been 
successfully met.
    (c) Within 90 days of enactment of this Act, the Secretary shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a detailed plan that describes: (1) the dates for 
achieving key milestones, including the date or timeframes that the 
Secretary will certify the program under subsection (a); and (2) the 
methodology to be followed to support the Secretary's certification, as 
required under subsection (a).
    (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (f) None of the funds provided in this or previous appropriations 
Acts may be utilized for data or a database that is obtained from or 
remains under the control of a non-Federal entity: Provided, That this 
restriction shall not apply to Passenger Name Record data obtained from 
air carriers.
    Sec. 514. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 515. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 516. (a) None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided, That the Director of 
the United States Secret Service may enter into an agreement to perform 
such service on a fully reimbursable basis.
    (b) None of the funds appropriated by this or any other Act to the 
United States Secret Service shall be made available for the protection 
of a Federal official, other than persons granted protection under 
section 3056(a) of title 18, United States Code, and the Secretary of 
Homeland Security: Provided, That the Director of the United States 
Secret Service may enter into an agreement to perform such protection 
on a fully reimbursable basis for protectees not designated under 
section 3056(a) of title 18, United States Code.
    Sec. 517. (a) The Secretary of Homeland Security is directed to 
research, develop, and procure new technologies to inspect and screen 
air cargo carried on passenger aircraft at the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be utilized to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) The Transportation Security Administration shall report air 
cargo inspection statistics quarterly to the Committees on 
Appropriations of the Senate and the House of Representatives, by 
airport and air carrier, within 45 days after the end of the quarter 
including any reason for non-compliance with the second proviso of 
section 513 of the Department of Homeland Security Appropriations Act, 
2005 (Public Law 108-334, 118 Stat. 1317).
    Sec. 518. None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under section 
222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, 
direct that changes be made to, delay, or prohibit the transmission to 
Congress of any report prepared under paragraph (6) of such section.
    Sec. 519. No funding provided by this or previous appropriation 
Acts shall be available to pay the salary of any employee serving as a 
contracting officer's technical representative (COTR), or anyone acting 
in a similar or like capacity, who has not received COTR training.
    Sec. 520. Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' in fiscal years 2004, 2005, 2006, 
and 2007 that are recovered or deobligated shall be available only for 
procurement and installation of explosive detection systems for air 
cargo, baggage, and checkpoint screening systems, subject to 
notification.
    Sec. 521. Section 525(d) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1382) shall 
apply to fiscal year 2008.

                         (rescission of funds)

    Sec. 522. From the unobligated balances of funds transferred to the 
Department of Homeland Security when it was created in 2003, excluding 
mandatory appropriations, $45,000,000 is rescinded, of which 
$12,000,000 shall be rescinded from Departmental Operations; 
$12,000,000 shall be rescinded from the Office of State and Local 
Government Coordination; and $6,000,000 shall be rescinded from the 
Working Capital Fund.
    Sec. 523. Any funds appropriated to United States Coast Guard, 
``Acquisition, Construction, and Improvements'' in fiscal years 2002, 
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion 
that are recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Replacement Patrol Boat (FRC-B) program.
    Sec. 524. The Department of Homeland Security Working Capital Fund, 
established, pursuant to  section 403 of Public Law 103-356 (31 U.S.C. 
501 note), shall continue operations during fiscal year 2008.
    Sec. 525. (a) The Federal Emergency Management Agency (FEMA) shall 
submit a quarterly report to the Committees on Appropriations of the 
Senate and the House of Representatives detailing the allocation and 
obligation of funds for ``Disaster Relief'' to include:
            (1) status of the Disaster Relief Fund (DRF) including 
        obligations, allocations, and amounts undistributed/
        unallocated;
            (2) allocations, obligations, and expenditures for all open 
        disasters;
            (3) information on national flood insurance claims;
            (4) obligations, allocations and expenditures by State for 
        unemployment, crisis counseling, inspections, housing 
        assistance, manufactured housing, public assistance and 
        individual assistance;
            (5) mission assignment obligations by agency, including:
                    (A) the amounts reimbursed to other agencies that 
                are in suspense because FEMA has not yet reviewed and 
                approved the documentation supporting the expenditure; 
                and
                    (B) a disclaimer if the amounts of reported 
                obligations and expenditures do not reflect the status 
                of such obligations and expenditures from a government-
                wide perspective;
            (6) the amount of credit card purchases by agency and 
        mission assignment;
            (7) specific reasons for all waivers granted and a 
        description of each waiver;
            (8) a list of all contracts that were awarded on a sole 
        source or limited competition basis, including the dollar 
        amount, the purpose of the contract and the reason for the lack 
        of competitive award; and
            (9) an estimate of when available appropriations will be 
        exhausted, assuming an average disaster season.
    (b) The Secretary of Homeland Security shall at least quarterly 
obtain from agencies performing mission assignments each such agency's 
actual obligation and expenditure data and report to the Committees on 
Appropriations of the Senate and the House of Representatives.
    (c) For any request for reimbursement from a Federal agency to the 
Department of Homeland Security to cover expenditures under the 
Stafford Act (42 U.S.C. 5121 et seq.), or any mission assignment orders 
issued by the Department of Homeland Security for such purposes, the 
Secretary of Homeland Security shall take appropriate steps to ensure 
that each agency is periodically reminded of Department of Homeland 
Security policies on--
            (1) the detailed information required in supporting 
        documentation for reimbursements, and
            (2) the necessity for timeliness of agency billings.
    Sec. 526. Within 45 days after the close of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report that includes 
total obligations, on-board versus funded full-time equivalent staffing 
levels, and the number of contract employees by office.
    Sec. 527. Section 532(a) of Public Law 109-295 is amended by 
striking ``2007'' and inserting ``2008''.
    Sec. 528. The Federal Law Enforcement Training Center instructor 
staff shall be classified as inherently governmental for the purpose of 
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 
note).
    Sec. 529. None of the funds provided in this Act may be used to 
alter or reduce operations within the Civil Engineering Program of the 
Coast Guard nationwide, including the civil engineering units, 
facilities, design, and construction centers, maintenance and logistics 
command centers, and the Coast Guard Academy, except as specifically 
authorized by a statute enacted after the date of enactment of this 
Act.
    Sec. 530. Extension of the Implementation Deadline for the Western 
Hemisphere Travel Initiative. Subparagraph (A) of section 7209(b)(1) of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (Public 
Law 108-458; 8 U.S.C. 1185 note) is amended by striking ``This plan 
shall be implemented not later than three months after the Secretary of 
State and the Secretary of Homeland Security make the certifications 
required in subsection (B), or June 1, 2009, whichever is earlier.'' 
and inserting ``Such plan may not be implemented earlier than the date 
that is the later of 3 months after the Secretary of State and the 
Secretary of Homeland Security make the certification required in 
subparagraph (B) or June 1, 2009.''.
    Sec. 531. Section 550 of the Department of Homeland Security 
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding at 
the end the following:
    ``(h) This section shall not preclude or deny any right of any 
State or political subdivision thereof to adopt or enforce any 
regulation, requirement, or standard of performance with respect to 
chemical facility security that is more stringent than a regulation, 
requirement, or standard of performance issued under this section, or 
otherwise impair any right or jurisdiction of any State with respect to 
chemical facilities within that State, unless there is an actual 
conflict between this section and the law of that State.''.
    Sec. 532. None of the funds provided in this Act under the heading 
``Office of the Chief Information Officer'' shall be used for data 
center development other than for the National Center for Critical 
Information Processing and Storage until the Chief Information Officer 
certifies that the National Center for Critical Information Processing 
and Storage is fully utilized as the Department's primary data storage 
center at the highest capacity throughout the fiscal year.
    Sec. 533. None of the funds in this Act shall be used to reduce the 
United States Coast Guard's Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 534. (a) Notwithstanding section 503 of this Act, up to 
$25,000,000 from prior year balances currently available to the 
Transportation Security Administration may be transferred to 
``Transportation Threat Assessment and Credentialing'' for the Secure 
Flight program.
    (b) In carrying out the transfer authority under subsection (a), 
the Transportation Security Administration shall not utilize any prior 
year balances from the following programs: screener partnership 
program; explosive detection system purchase; explosive detection 
system installation; checkpoint support; aviation regulation and other 
enforcement; air cargo; and air cargo research and development: 
Provided, That any funds proposed to be transferred under this section 
shall not be available for obligation until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure for such funds that is submitted by 
the Secretary of Homeland Security: Provided further, That the plan 
shall be submitted simultaneously to the Government Accountability 
Office for review consistent with its ongoing assessment of the Secure 
Flight Program as mandated by section 522(a) of Public Law 108-334 (118 
Stat. 1319).
    Sec. 535. Disaster Assistance for Schools. (a) Definitions.--In 
this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency;
            (2) the term ``covered assistance'' means assistance--
                    (A) provided under section 406 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5172);
                    (B) to be used to--
                            (i) repair, restore, reconstruct, or 
                        replace school facilities; or
                            (ii) replace lost contents of a school; and
                    (C) for damage caused by Hurricane Katrina of 2005 
                or Hurricane Rita of 2005; and
            (3) the term ``local educational agency'' has the meaning 
        given that term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
    (b) Assistance to Schools.--
            (1) In general.--A local educational agency that has 
        applied for covered assistance before the date of enactment of 
        this Act may request that such assistance (including any 
        eligible costs discovered after the date of the estimate of 
        eligible costs under section 406(e)(1)(A) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5172(e)(1)(A)) and any cost that was determined to be an 
        eligible cost after an appeal or review) be provided in a 
        single payment.
            (2) Disbursement of assistance.--Not later than 30 days 
        after the date that a local educational agency makes a request 
        under paragraph (1), the Administrator shall provide in a 
        single payment any covered assistance for any eligible cost 
        that was approved by the Administrator on or before the date of 
        that request.
            (3) Flood insurance reduction.--For any covered assistance 
        provided under paragraph (2), the Administrator shall make not 
        more than 1 reduction under section 406(d) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5172(d)) in the amount of assistance provided.
    (c) Alternate Use.--For any covered assistance provided under 
subsection (b)(2), the amount of that assistance shall not be reduced 
under section 406(c)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(c)(1)).
    (d) Applicability.--This section shall apply to any covered 
assistance provided on or after the date of enactment of this Act.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2008''.
                                                       Calendar No. 204

110th CONGRESS

  1st Session

                                S. 1644

                          [Report No. 110-84]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 18, 2007

                 Read twice and placed on the calendar