[House Prints, 110th Congress]
[From the U.S. Government Publishing Office]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2008
(H.R. 2764; Public Law 110-161)
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
=======================================================================
CONTENTS, DIVISION E
Page
Legislative Text:
Title I--Departmental Management and Operations.............. 960
Title II--Security, Enforcement, and Investigations.......... 962
Title III--Protection, Preparedness, Response, and Recovery.. 976
Title IV--Research and Development, Training, and Services... 985
Title V--General Provisions.................................. 987
Title VI--Border Infrastructure and Technology Modernization. 1012
Explanatory Statement:
Title I--Departmental Management and Operations.............. 1017
Title II--Security, Enforcement, and Investigations.......... 1028
Title III--Protection, Preparedness, Response, and Recovery.. 1068
Title IV--Research and Development, Training, and Services... 1088
Title V--General Provisions.................................. 1098
Title VI--Border Infrastructure and Technology Modernization. 1109
Earmark Disclosure........................................... 1109
Table........................................................ 1111
[Clerk's note: Six sections which precede division A in the
Consolidated Appropriations Act apply to all divisions of the
Act, including this one. The text of these sections is as
follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2008''.
SEC. 2. TABLE OF CONTENTS.
[Text omitted for purposes of this note]
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding the consolidated
appropriations amendment of the House of Representatives to the
amendment of the Senate to H.R. 2764, printed in the House
section of the Congressional Record on or about December 17,
2007 by the Chairman of the Committee on Appropriations of the
House, shall have the same effect with respect to the
allocation of funds and implementation of divisions A through K
of this Act as if it were a joint explanatory statement of a
committee of conference.
SEC. 5. EMERGENCY DESIGNATIONS.
Any designation in any division of this Act referring to
this section is a designation of an amount as an emergency
requirement and necessary to meet emergency needs pursuant to
subsections (a) and (b) of section 204 of S. Con. Res. 21
(110th Congress), the concurrent resolution on the budget for
fiscal year 2008.
SEC. 6. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2008.
Reproduced below is the text of division E of the
Consolidated Appropriations Act, 2008 (H.R. 2764; P.L. 110-161)
as presented to the President for signature.]
Legislative Text, Division E
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
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,
$97,353,000: 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 (1) 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: (a)
expedited timeframes for providing the Government
Accountability Office with access to records within 20 days
from the date of request; (b) 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 (c) 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; and (2)
defines in a memorandum to all Department employees the roles
and responsibilities of the Department of Homeland Security
Inspector General: 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
and issue departmental guidance with respect to relations with
the Department of Homeland Security Inspector General in
consultation with the Inspector General: Provided further, That
not more than 75 percent of the funds provided under this
heading shall be obligated prior to the submission of the first
quarterly report on progress to improve and modernize efforts
to remove criminal aliens judged deportable from 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),
$150,238,000, 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.
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), $31,300,000.
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, $295,200,000; of which $81,000,000 shall be
available for salaries and expenses; and of which $214,200,000,
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 not less than
$36,800,000 shall be available, as requested in the President's
Fiscal Year 2008 Budget, for Department of Homeland Security
data center development and an additional $35,500,000 shall be
available for further construction of 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: Provided further, That
the Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
not more than 60 days after the date of enactment of this Act,
an expenditure plan for all information technology acquisition
projects that: (1) are funded under this heading; or (2) are
funded by multiple components of the Department of Homeland
Security through reimbursable agreements: Provided further,
That such expenditure plan shall include each specific project
funded, key milestones, all funding sources for each project,
details of annual and lifecycle costs, and projected cost
savings or cost avoidance to be achieved by the project.
Analysis and Operations
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for information analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$306,000,000, to remain available until September 30, 2009, of
which not to exceed $5,000 shall be for official reception and
representation expenses: Provided, That of the amounts made
available under this heading in Public Law 109-295, $8,700,000
are rescinded.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $2,700,000: 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
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.), $92,711,000, 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 (2,300 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $6,802,560,000, of
which $3,093,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) 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 $13,000,000
shall be used to procure commercially available technology in
order to expand and improve the risk-based approach of the
Department of Homeland Security to target and inspect cargo
containers under the Secure Freight Initiative and the Global
Trade Exchange; of which 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 of the amount provided under this
heading, $323,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, That for fiscal year 2008, the overtime
limitation prescribed in section 5(c)(1) of the Act of February
13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any
employee of U.S. Customs and Border Protection for overtime,
from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration
emergencies: Provided further, That of the amount made
available under this heading, $202,816,000 shall remain
available until September 30, 2009, to support software
development, equipment, contract services, and the
implementation of inbound lanes and modification to vehicle
primary processing lanes at ports of entry; of which $100,000
is to promote information and education exchange with nations
friendly to the United States in order to promote sharing of
best practices and technologies relating to homeland security,
as authorized by section 879 of Public Law 107-296; and of
which $75,000,000 may not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive a report not later than 120 days after the date of
enactment of this Act on the preliminary results of testing of
pilots at ports of entry used to develop and implement the plan
required by section 7209(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C.
1185 note), which includes the following information: (1)
infrastructure and staffing required, with associated costs, by
port of entry; (2) updated milestones for plan implementation;
(3) a detailed explanation of how requirements of such section
have been satisfied; (4) confirmation that a vicinity-read
radio frequency identification card has been adequately tested
to ensure operational success; and (5) a description of steps
taken to ensure the integrity of privacy safeguards.
AUTOMATION MODERNIZATION
For expenses for U.S. Customs and Border Protection automated
systems, $476,609,000, to remain available until expended, of
which not less than $316,969,000 shall be for the development
of the Automated Commercial Environment: Provided, That of the
total amount made available under this heading, $216,969,000
may not be obligated for the Automated Commercial Environment
program until 30 days after the Committees on Appropriations of
the Senate and the House of Representatives receive a report on
the results to date and plans for the program from the
Department of Homeland Security that includes:
(1) a detailed accounting of the program's progress
up to the date of the report in meeting prior
commitments made to the Committees relative to system
capabilities or services, system performance levels,
mission benefits and outcomes, milestones, cost
targets, and program management capabilities;
(2) an explicit plan of action defining how all 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, with the status of the
Department's efforts to address the recommendations,
including milestones for fully addressing them;
(4) a certification by the Chief Procurement 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, as well as supporting analyses generated by
and used in the Department's process;
(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 Information Officer
of the Department that the program has a risk
management process that regularly and proactively
identifies, evaluates, mitigates, and monitors risks
throughout the system life cycle, and communicates
high-risk conditions to U.S. Customs and Border
Protection and Department of Homeland Security
investment decision makers, as well as a listing of the
program's high risks and the status of efforts to
address them;
(8) a 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; 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, $1,225,000,000, to remain
available until expended: Provided, That of the amount provided
under this heading, $1,053,000,000 is designated as described
in section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That of the amount
provided under this heading, $650,000,000 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, for a program to establish a security barrier along the
borders of the United States of fencing and vehicle barriers,
where practicable, and other forms of tactical infrastructure
and technology, that 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, program management
capabilities, identification of the maximum investment
(including lifecycle costs) required by the Secure
Border Initiative network or any successor contract,
and description of the methodology used to obtain these
cost figures;
(2) a description of how activities will further the
objectives of the Secure Border Initiative, as defined
in the Secure Border Initiative multi-year strategic
plan, and how the plan allocates funding to the highest
priority border security needs;
(3) 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;
(4) an identification of staffing (including full-
time equivalents, contractors, and detailees)
requirements by activity;
(5) a description of how the plan addresses security
needs at the Northern Border and the ports of entry,
including infrastructure, technology, design and
operations requirements;
(6) a report on costs incurred, the activities
completed, and the progress made by the program in
terms of obtaining operational control of the entire
border of the United States;
(7) 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 to fully address
them;
(8) a certification by the Chief Procurement 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;
(9) 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, and any known
areas of misalignment along with the associated risks
and corrective actions to address any such areas;
(10) 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;
(11) a certification by the Chief Information Officer
of the Department that the program has a risk
management process that regularly and proactively
identifies, evaluates, mitigates, and monitors risks
throughout the system life cycle and communicates high-
risk conditions to U.S. Customs and Border Protection
and Department of Homeland Security investment decision
makers, as well as a listing of all the program's high
risks and the status of efforts to address them;
(12) 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;
(13) an analysis by the Secretary for each segment,
defined as no more than 15 miles, of fencing or
tactical infrastructure, of the selected approach
compared to other, alternative means of achieving
operational control; such analysis should include cost,
level of operational control, possible unintended
effects on communities, and other factors critical to
the decision making process;
(14) a certification by the Chief Procurement Officer
of the Department of Homeland Security that procedures
to prevent conflicts of interest between the prime
integrator and major subcontractors are established and
that the Secure Border Initiative Program Office has
adequate staff and resources to effectively manage the
Secure Border Initiative program, Secure Border
Initiative network contract, and any related contracts,
including the exercise of technical oversight, and a
certification by the Chief Information Officer of the
Department of Homeland Security that an independent
verification and validation agent is currently under
contract for the projects funded under this heading;
and
(15) is reviewed by the Government Accountability
Office:
Provided further, That the Secretary shall report to the
Committees on Appropriations of the Senate and the House of
Representatives on program progress to date and specific
objectives to be achieved through the award of current and
remaining task orders planned for the balance of available
appropriations: (1) at least 30 days prior to the award of any
task order requiring an obligation of funds in excess of
$100,000,000; and (2) prior to the award of a task order that
would cause cumulative obligations of funds to exceed 50
percent of the total amount appropriated: Provided further,
That of the funds provided under this heading, not more than
$2,000,000 shall be used to reimburse the Defense Acquisition
University for the costs of conducting a review of the Secure
Border Initiative network contract and determining how and
whether the Department is employing the best procurement
practices: Provided further, That none of the funds under this
heading may be obligated for any project or activity for which
the Secretary has exercised waiver authority pursuant to
section 102(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 days
have elapsed from the date of the publication of the decision
in the Federal Register.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel, and rental payments for facilities occupied by the air
or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction of
narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at
the discretion of the Secretary of Homeland Security, the
provision of assistance to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts,
$570,047,000, to remain available until expended: Provided,
That of the amount provided under this heading, $94,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act): Provided further, 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 U.S. 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, $348,363,000, to remain available until
expended; of which $39,700,000 shall be for the Advanced
Training Center: Provided, That of the amount provided under
this heading, $61,000,000 is designated as described in section
5 (in the matter preceding division A of this consolidated
Act).
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; $4,687,517,000, 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 $305,000 shall be for
promotion of public awareness of the child pornography tipline
and anti-child exploitation activities as requested by the
President; of which not less than $5,400,000 shall be used to
facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of
which not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled illegal
aliens: Provided, That of the amount provided under this
heading, $516,400,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, That none of the funds made available under
this heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that
the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national
security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided,
$15,770,000 shall be for activities to enforce laws against
forced child labor in fiscal year 2008, of which not to exceed
$6,000,000 shall remain available until expended: Provided
further, That of the total amount provided, not less than
$2,381,401,000 is for detention and removal operations:
Provided further, That of the total amount provided,
$200,000,000 shall remain available until September 30, 2009,
to improve and modernize efforts to identify aliens convicted
of a crime, sentenced to imprisonment, and who may be
deportable, and remove them from the United States once they
are judged deportable: Provided further, That none of the funds
made available to improve and modernize efforts to identify and
remove aliens convicted of a crime, sentenced to imprisonment,
and who may be deportable (in this proviso referred to as
criminal aliens), and remove them from the United States once
they are judged deportable, shall 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 and submitted within 90 days
after the date of enactment of this Act, to modernize the
policies and technologies used to identify and remove criminal
aliens, that--
(1) presents a strategy for U.S. Immigration and
Customs Enforcement to identify every criminal alien,
at the prison, jail, or correctional institution in
which they are held;
(2) establishes the process U.S. Immigration and
Customs Enforcement, in conjunction with the U.S.
Department of Justice, will use to make every
reasonable effort to remove, upon their release from
custody, all criminal aliens judged deportable;
(3) presents a methodology U.S. Immigration and
Customs Enforcement will use to identify and prioritize
for removal criminal aliens convicted of violent
crimes;
(4) defines the activities, milestones, and resources
for implementing the strategy and process described in
sections (1) and (2); and
(5) includes program measurements for progress in
implementing the strategy and process described in
sections (1) and (2):
Provided further, That the Secretary of Homeland Security or a
designee of the Secretary shall report to the Committees on
Appropriations of the Senate and the House of Representatives,
at least quarterly, on progress implementing the expenditure
plan required in the preceding proviso, and the funds obligated
during that quarter to make that progress: Provided further,
That the funding and staffing resources necessary to carry out
the strategy and process described in sections (1) and (2)
under this heading shall be identified in the President's
fiscal year 2009 budget submission to Congress.
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 December 31, 2007, that the operations of the
Federal Protective Service will be fully funded in fiscal year
2008 through revenues and collection of security fees, and
shall adjust the fees to ensure fee collections are sufficient
to ensure the Federal Protective Service maintains, by July 31,
2008, not fewer than 1,200 full-time equivalent staff and 900
full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are directly
engaged on a daily basis protecting and enforcing laws at
Federal buildings (referred to as ``in-service field staff'').
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement automated
systems, $30,700,000, to remain available until expended:
Provided, That of the funds made available under this heading,
$5,000,000 shall 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, $16,500,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $10,500,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, That none of the funds made available in this
Act may be used to solicit or consider any request to privatize
facilities currently owned by the United States Government and
used to detain illegal aliens until the Committees on
Appropriations of the Senate and the House of Representatives
receive a plan for carrying out that privatization.
Transportation Security Administration
AVIATION SECURITY
(INCLUDING TRANSFER OF FUNDS)
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),
$4,808,691,000, 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 $3,768,489,000
shall be for screening operations, of which $294,000,000 shall
be available only for procurement and installation of checked
baggage explosive detection systems; and not to exceed
$1,009,977,000 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 any funds collected and made available
from aviation security fees pursuant to section 44940(i) of
title 49, United States Code, may, notwithstanding paragraph
(4) of such section 44940(i), be expended for the purpose of
improving screening at airport screening checkpoints, which may
include the purchase and utilization of emerging technology
equipment; the refurbishment and replacement of current
equipment; the installation of surveillance systems to monitor
checkpoint activities; the modification of checkpoint
infrastructure to support checkpoint reconfigurations; and the
creation of additional checkpoints to screen aviation
passengers and airport personnel: Provided further, That of the
amounts provided under this heading, $30,000,000 may be
transferred to the ``Surface Transportation Security'';
``Transportation Threat Assessment And Credentialing''; and
``Transportation Security Support'' appropriations in this Act
for the purpose of implementing regulations and activities
authorized in Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53): Provided further,
That the sum appropriated under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such
offsetting collections are received during fiscal year 2008, so
as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,598,466,000:
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, $46,613,000, 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, $82,590,000, to remain available
until September 30, 2009: Provided, That if the Assistant
Secretary of Homeland Security (Transportation Security
Administration) determines that the Secure Flight program does
not need to check airline passenger names against the full
terrorist watch list, then the Assistant Secretary shall
certify to the Committees on Appropriations of the Senate and
the House of Representatives that no significant security risks
are raised by screening airline passenger names only against a
subset of the full terrorist watch list.
TRANSPORTATION SECURITY SUPPORT
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat. 597;
49 U.S.C. 40101 note), $523,515,000, to remain available until
September 30, 2009: Provided, That of the funds appropriated
under this heading, $10,000,000 may not be obligated until the
Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives
detailed expenditure plans for checkpoint support and explosive
detection systems refurbishment, procurement, and installations
on an airport-by-airport basis for fiscal year 2008; and 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 these plans 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,
$769,500,000.
Coast Guard
OPERATING EXPENSES
For necessary expenses for the operation and maintenance of
the Coast Guard not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be
for replacement only; minor shore construction projects not
exceeding $1,000,000 in total cost at any location; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare;
$5,891,347,000, 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)); of which not to exceed $20,000 shall be for
official reception and representation expenses; and of which
$3,600,000 shall be for costs to plan and design an expansion
to the Operations Systems Center subject to the approval of a
prospectus: 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
recreational vessels under section 12114 of title 46, United
States Code, except to the extent fees are collected from yacht
owners and credited to this appropriation: Provided further,
That not to exceed 5 percent of this appropriation may be
transferred to the ``Acquisition, Construction, and
Improvements'' appropriation for personnel compensation and
benefits and related costs to adjust personnel assignment to
accelerate management and oversight of new or existing projects
without detrimentally affecting the management and oversight of
other projects: Provided further, That the amount made
available for ``Personnel, Compensation, and Benefits'' in the
``Acquisition, Construction, and Improvements'' appropriation
shall not be increased by more than 10 percent by such
transfers: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified of each transfer within 30 days after it is
executed by the Treasury: Provided further, That of the amount
provided under this heading, $70,300,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,000,000, to
remain available until expended.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $126,883,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(INCLUDING RESCISSIONS OF FUNDS)
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; and maintenance, rehabilitation, lease and operation
of facilities and equipment, as authorized by law;
$1,125,083,000, 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 $45,000,000 shall be available until
September 30, 2012, to acquire, repair, renovate, or improve
vessels, small boats, and related equipment; of which
$173,100,000 shall be available until September 30, 2010, for
other equipment; of which $40,997,000 shall be available until
September 30, 2010, for shore facilities and aids to navigation
facilities; of which $82,720,000 shall be available for
personnel compensation and benefits and related costs; and of
which $783,266,000 shall be available until September 30, 2012,
for the Integrated Deepwater Systems program: Provided, That of
the funds made available for the Integrated Deepwater Systems
program, $327,416,000 is for aircraft and $243,400,000 is for
surface ships: Provided further, That of the amount provided in
the preceding proviso for aircraft, $70,000,000 may not be
obligated for the Maritime Patrol Aircraft until the Commandant
of the Coast Guard certifies that the mission system pallet
Developmental Test and Evaluation of the HC-144A CASA Maritime
Patrol Aircraft is complete: Provided further, That no funds
shall be available for procurements related to the acquisition
of additional major assets as part of the Integrated Deepwater
Systems program not already under contract until an
alternatives analysis has been completed by an independent
qualified third party: Provided further, That $300,000,000 of
the funds provided for the Integrated Deepwater Systems program
may not be obligated until the Committees on Appropriations of
the Senate and the House of Representatives receive and approve
a plan for expenditure directly from the Coast Guard that--
(1) defines activities, milestones, yearly costs, and
lifecycle costs for each procurement of a major asset,
including an independent cost estimate for each;
(2) identifies lifecycle staffing and training needs
of Coast Guard project managers and of procurement and
contract staff;
(3) identifies competition to be conducted in each
procurement;
(4) describes procurement plans that do not rely on a
single industry entity or contract;
(5) 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;
(6) contains very limited indefinite delivery/
indefinite quantity contracts and explains the need for
any indefinite delivery/indefinite quantity contracts;
(7) identifies individual project balances by fiscal
year, including planned carryover into fiscal year 2009
by project;
(8) identifies operational gaps by asset and explains
how funds provided in this Act address the shortfalls
between current operational capabilities and
requirements;
(9) 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;
(10) includes a certification by the Chief
Procurement 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;
(11) identifies use of the Defense Contract Auditing
Agency;
(12) 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;
(13) identifies the use of independent validation and
verification; and
(14) 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:
Provided further, That of amounts made available under this
heading in Public Laws 108-334 and 109-90 for the Offshore
Patrol Cutter, $98,627,476 are rescinded: Provided further,
That of amounts made available under this heading in Public Law
108-334 for VTOL unmanned aerial vehicles (VUAV), $162,850 are
rescinded: Provided further, That of amounts made available
under this heading in Public Law 109-90 for unmanned air
vehicles (UAVs), $32,942,138 are rescinded: Provided further,
That of amounts made available under this heading in Public Law
109-295 for VTOL unmanned aerial vehicles (UAVs), $716,536 are
rescinded: Provided further, That of the amount provided under
this heading, $95,800,000 is designated as described in section
5 (in the matter preceding division A of this consolidated
Act).
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; $25,000,000, to remain
available until expended, of which $500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)): Provided, That there may be credited to
and used for the purposes of this appropriation funds received
from State and local governments, other public authorities,
private sources, and foreign countries for expenses incurred
for research, development, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
concurrent receipts and combat-related special compensation
under the National Defense Authorization Act, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,184,720,000, to
remain available until expended.
United States Secret Service
SALARIES AND EXPENSES
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 645 vehicles for police-
type use for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates as
may be determined by the Director of the Secret Service; rental
of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees where a protective
assignment during the actual day or days of the visit of a
protectee requires an employee to work 16 hours per day or to
remain overnight at a post of duty; conduct of and
participation in firearms matches; presentation of awards;
travel of United States Secret Service employees on protective
missions without regard to the limitations on such expenditures
in this or any other Act if approval is obtained in advance
from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to
conduct behavioral research in support of protective research
and operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,381,771,000, of which $853,690,000 is for
protective functions; 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 for 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 for operations,
information technology, and Risk Management and Analysis,
$47,346,000: Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided
further, That of the total amount provided under this heading,
$5,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve an expenditure plan by program, project,
and activity.
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.), $654,730,000, of which $586,960,000 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), $475,000,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $275,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, That of the total amount made available under
this heading, $125,000,000 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 Procurement 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 of Homeland Security that an
independent verification and validation agent is
currently under contract for the project;
(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, and 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 of Homeland
Security investment decision makers, 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 complete schedule for the full implementation
of a biometric exit program or a certification that
such program is not possible within five years;
(11) a detailed accounting of operation and
maintenance, contractor services, and program costs
associated with the management of identity services;
and
(12) is reviewed by the Government Accountability
Office.
Office of Health Affairs
For the necessary expenses of the Office of Health Affairs,
$116,500,000; of which $24,317,000 is for salaries and
expenses; and of which $92,183,000, to remain available until
September 30, 2009, is for biosurveillance, BioWatch, medical
readiness planning, chemical response, and other activities:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
For necessary expenses for management and administration of
the Federal Emergency Management Agency, $664,000,000,
including activities authorized by the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), 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 the President's budget submitted under section
1105(a) of title 31, United States Code, shall be detailed by
the office for the Federal Emergency Management Agency:
Provided further, That of the total amount made available under
this heading, $32,500,000 shall be for the Urban Search and
Rescue Response System, of which not to exceed $1,600,000 may
be made available for administrative costs; and $6,000,000
shall be for the Office of National Capital Region
Coordination: Provided further, That for purposes of planning,
coordination, execution, and decision-making 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.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other
activities, $3,177,800,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland
Security Grant Program under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605) as amended
by Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110-53): Provided, That of the
amount provided by this paragraph, $60,000,000 shall be
for Operation Stonegarden and is designated as
described in section 5 (in the matter preceding
division A of this consolidated Act): Provided further,
That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2008, the Commonwealth of Puerto
Rico shall make available to local and tribal
governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $820,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604) as amended by Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53), of which, notwithstanding
subsection (c)(1) of such section, $15,000,000 shall be
for grants 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.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizens Corps
Program;
(6) $400,000,000 shall be for Public Transportation
Security Assistance and Railroad Security Assistance
under sections 1406 and 1513 of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1135 and 1163), of which
not less than $25,000,000 shall be for Amtrak security.
(7) $400,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(8) $11,500,000 shall be for Over-the-Road Bus
Security Assistance under section 1532 of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (Public Law 110-53; 6 U.S.C. 1182).
(9) $16,000,000 shall be for Trucking Industry
Security Grants.
(10) $50,000,000 shall be for Buffer Zone Protection
Program Grants.
(11) $50,000,000 shall be for grants under section
204 of the REAL ID Act of 2005 (Public Law 109-13; 49
U.S.C. 30301 note): Provided, That the amount provided
under this paragraph shall be designated as described
in section 5 (in the matter preceding division A of
this consolidated Act).
(12) $25,000,000 shall be for the Commercial
Equipment Direct Assistance Program.
(13) $50,000,000 shall be for the Interoperable
Emergency Communications Grant Program under section
1809 of the Homeland Security Act of 2002 (6 U.S.C.
579) as amended by Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53).
(14) $15,000,000 shall be for grants for construction
of Emergency Operations Centers under section 614 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c) as amended by
Implementing Recommendations of the 9/11 Commission Act
of 2007 (Public Law 110-53).
(15) $299,300,000 shall be for training, exercises,
technical assistance, and other programs:
Provided, That not to exceed 3 percent of the amounts provided
under this heading may be transferred to the Federal Emergency
Management Agency ``Management and Administration'' account for
program administration: Provided further, That for grants under
paragraphs (1) through (5), the applications for grants shall
be made available to eligible applicants not later than 25 days
after the date of enactment of this Act, that eligible
applicants shall submit applications not later than 90 days
after the grant announcement, and that the Administrator of the
Federal Emergency Management Agency shall act within 90 days
after receipt of an application: Provided further, That for
grants under paragraphs (6) through (11), the applications for
grants shall be made available to eligible applicants not later
than 30 days after the date of enactment of this Act, that
eligible applicants shall submit applications within 45 days
after the grant announcement, and that the Federal Emergency
Management Agency shall act not later than 60 days after
receipt of an application: Provided further, That grantees
shall provide additional reports on their use of funds, as
determined necessary by the Secretary of Homeland Security:
Provided further, That (a) the Center for Domestic Preparedness
may provide training to emergency response providers from the
Federal Government, foreign governments, or private entities,
if the Center for Domestic Preparedness is reimbursed for the
cost of such training, and any reimbursement under this
subsection shall be credited to the account from which the
expenditure being reimbursed was made and shall be available,
without fiscal year limitation, for the purposes for which
amounts in the account may be expended, (b) the head of the
Center for Domestic Preparedness shall ensure that any training
provided under (a) does not interfere with the primary mission
of the Center to train State and local emergency response
providers: Provided further, That the Government Accountability
Office shall report to the Committees on Appropriations of the
Senate and the House of Representatives regarding the data,
assumptions, and methodology that the Department uses to assess
risk and allocate Urban Area Security Initiative and State
Homeland Security Grants not later than 45 days after the date
of enactment of this Act: Provided further, That the report
shall include the reliability and validity of the data used,
the basis for the assumptions used, how the methodology is
applied to determine the risk scores for individual locations,
an analysis of the usefulness of placing States and cities into
tier groups, and the allocation of grants to eligible
locations: Provided further, That the Department provide the
Government Accountability Office with the actual data that the
Department used for its risk assessment and grant allocation
for at least two locations at the discretion of the Government
Accountability Office for the 2007 grant allocation process:
Provided further, That the Department provide the Government
Accountability Office with access to all data needed for its
analysis and report, including specifics on all changes for the
fiscal year 2008 process, including, but not limited to, all
changes in data, assumptions, and weights used in methodology
within seven days after the date of enactment of this Act:
Provided further, That any subsequent changes made regarding
the risk methodology after the initial information is provided
to the Government Accountability Office shall be provided
within seven days after the change is made.
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.), $750,000,000, of which $560,000,000 shall be available
to carry out section 33 of that Act (15 U.S.C. 2229) and
$190,000,000 shall be available to carry out section 34 of that
Act (15 U.S.C. 2229a), to remain available until September 30,
2009: Provided, That not to exceed 5 percent of the amount
available under this heading shall be available for program
administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$300,000,000: Provided, That total administrative costs shall
not exceed 3 percent of the total amount appropriated under
this heading.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2008, as
authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the 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 and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), $43,300,000.
DISASTER RELIEF
(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.), $1,400,000,000, to remain available until expended:
Provided, That of the total amount provided, $16,000,000 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 $60,000,000 may be transferred to
``Management and Administration'', Federal Emergency Management
Agency, of which $48,000,000 and 250 positions are for
management and administration functions and $12,000,000 is for
activities related to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided
further, That of the amount provided in the previous proviso,
$30,000,000 shall not be available for transfer for management
and administration functions until the Federal Emergency
Management Agency submits an expenditure plan to the Committees
on Appropriations of the Senate and the House of
Representatives regarding the 250 positions: Provided further,
That the Federal Emergency Management Agency shall hereafter
submit a monthly ``Disaster Relief'' report to the Committees
on Appropriations of the Senate and the House of
Representatives to include--
(1) status of the Disaster Relief fund including
obligations, allocations, and amounts undistributed/
unallocated;
(2) allocations, obligations, and expenditures for
Hurricanes Katrina, Rita, and Wilma and 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 to other agencies that are in
suspense because the Federal Emergency
Management Agency has not yet reviewed and
approved the documentation supporting the
expenditure or for which an agency has been
mission assigned but has not submitted
necessary documentation for reimbursement;
(B) an explanation if the amounts of reported
obligations and expenditures do not reflect the
status of such obligations and expenditures
from a government-wide perspective; and
(C) each such agency's actual obligation and
expenditure data;
(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:
Provided further, That for any request for reimbursement from a
Federal agency to the Department to cover expenditures under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), or any mission assignment orders
issued by the Department for such purposes, the Secretary of
Homeland Security shall take appropriate steps to ensure that
each agency is periodically reminded of Department policies
on--
(1) the detailed information required in supporting
documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
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), $220,000,000, 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 3 percent of the total
amount appropriated under this heading.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001 et seq.), $145,000,000, which is
available as follows: (1) not to exceed $45,642,000 for
salaries and expenses associated with flood mitigation and
flood insurance operations; and (2) no less than $99,358,000
for flood hazard mitigation, which shall be derived from
offsetting collections assessed and collected under section
1307 of the National Flood Insurance Act of 1968 (42 U.S.C.
4014), to remain available until September 30, 2009, including
up to $34,000,000 for flood mitigation expenses under section
1366 of that Act (42 U.S.C. 4104c), which shall be available
for transfer to the National Flood Mitigation Fund under
section 1367 of that Act (42 U.S.C. 4104) until September 30,
2009: Provided, That any additional fees collected pursuant to
section 1307 of that Act shall be credited as an offsetting
collection to this account, to be available for flood hazard
mitigation expenses: Provided further, That in fiscal year
2008, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017)
in excess of: (1) $70,000,000 for operating expenses; (2)
$773,772,000 for commissions and taxes of agents; (3) such sums
as are necessary for interest on Treasury borrowings; and (4)
$90,000,000 for flood mitigation actions with respect to severe
repetitive loss properties under section 1361A of that Act (42
U.S.C. 4102a) and repetitive insurance claims properties under
section 1323 of that Act (42 U.S.C. 4030), which shall remain
available until expended: Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f), of section 1366 of the National
Flood Insurance Act of 1968, $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 PREDISASTER MITIGATION FUND
For a predisaster mitigation grant program under title II of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5131 et seq.), $114,000,000, to remain available
until expended: Provided, That grants made for predisaster
mitigation shall be awarded subject to the criteria in section
203(g) of such Act (42 U.S.C. 5133(g)): Provided further, That
the total administrative costs associated with such grants
shall not exceed 3 percent of the total amount made available
under this heading.
EMERGENCY FOOD AND SHELTER
To carry out an emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $153,000,000, to remain available until
expended: Provided, That total administrative costs shall not
exceed 3.5 percent of the total amount made available under
this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $80,973,000: Provided, That of the amount provided
under this heading, $80,000,000 is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That of the total,
$20,000,000 is provided to address backlogs of security checks
associated with pending applications and petitions and 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: Provided
further, That notwithstanding any other provision of law, funds
available to United States Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to
five vehicles for areas where the Administrator of General
Services does not provide vehicles for lease: Provided further,
That the Director of United States Citizenship and Immigration
Services may authorize employees who are assigned to those
areas to use such vehicles between the employees' residences
and places of employment.
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; $238,076,000, of
which up to $48,111,000 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 of the amount provided under this
heading, $17,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, 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, 2010''.
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, $50,590,000, to remain available
until expended: Provided, That of the amount provided under
this heading, $4,000,000 is designated as described in section
5 (in the matter preceding division A of this consolidated
Act): Provided further, 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.), $138,600,000: Provided, That not to exceed $10,000 shall
be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by title
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.); $691,735,000, to remain available until expended:
Provided, That none of the funds made available under this
heading shall be obligated for the Analysis, Dissemination,
Visualization, Insight, and Semantic Enhancement program or any
follow-on or successor program.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by the second title XVIII of the Homeland
Security Act of 2002 and for management and administration of
programs and activities, $31,500,000: Provided, That not to
exceed $3,000 shall be for official reception and
representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $323,500,000,
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,
$129,750,000, to remain available until September 30, 2010:
Provided, That none of the funds appropriated under this
heading shall be obligated for full-scale procurement of
Advanced Spectroscopic Portal Monitors until the Secretary of
Homeland Security submits to the Committees on Appropriations
of the Senate and the House of Representatives a report
certifying that a significant increase in operational
effectiveness will be achieved: Provided further, That the
Secretary shall submit separate and distinct certifications
prior to the procurement of Advanced Spectroscopic Portal
Monitors for primary and secondary deployment that address the
unique requirements for operational effectiveness of each type
of deployment: Provided further, That the Secretary of Homeland
Security shall consult with the National Academy of Sciences
before making such certification: Provided further, That none
of the funds appropriated under this heading shall be used for
high-risk concurrent development and production of mutually
dependent software and hardware.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this Act:
Provided, That balances so transferred may be merged with funds
in the applicable established accounts and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2008, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program, project, or activity; (2) eliminates a program,
project, office, or activity; (3) increases funds for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either of the Committees on
Appropriations of the Senate or 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 specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated 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) 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, including a contract covered by the Federal
Acquisition Regulation, 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 from which the funds are being
drawn: 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 State Homeland Security grants; Urban Area Security
Initiative 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 for any
construction, repair, alteration, or acquisition project for
which a prospectus, if required under chapter 33 of title 40,
United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American
Act (41 U.S.C. 10a et seq.).
Sec. 513. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or
implementation, on other than a test basis, of the Secure
Flight program or any other follow-on or successor passenger
prescreening program, until the Secretary of Homeland Security
certifies, and the Government Accountability Office reports, to
the Committees on Appropriations of the Senate and the House of
Representatives, that all 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 after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a detailed plan that describes: (1) the dates
for achieving key milestones, including the date or timeframes
that the Secretary will certify the program under subsection
(a); and (2) the methodology to be followed to support the
Secretary's certification, as required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air
carriers, or reservation systems may be used to screen aviation
passengers, or delay or deny boarding to such passengers,
except in instances where passenger names are matched to a
Government watch list.
(e) None of the funds provided in this or 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 any other Act may
be used for data or a database that is obtained from or remains
under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data
obtained from air carriers.
Sec. 514. None of the funds 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. 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.
Sec. 517. Section 517(b) of the Department of Homeland
Security Appropriations Act, 2007 (18 U.S.C. 3056 note) is
amended to read as follows:
``(b) For fiscal year 2008, and each fiscal year thereafter,
the Director of the United States Secret Service may enter into
an agreement to perform protection of a Federal official other
than a person granted protection under section 3056(a) of title
18, United States Code, on a fully reimbursable basis.''.
Sec. 518. (a) The Secretary of Homeland Security shall
research, develop, and procure new technologies to inspect and
screen air cargo carried on passenger aircraft at the earliest
date possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be 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 Assistant Secretary (Transportation Security
Administration) shall work with air carriers and airports to
ensure that the screening of cargo carried on passenger
aircraft, as defined in section 44901(g)(5) of title 49, United
States Code, increases incrementally each quarter.
(d) Not later than 45 days after the end of each quarter, the
Assistant Secretary (Transportation Security Administration)
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a report on air cargo
inspection statistics by airport and air carrier detailing the
incremental progress being made to meet section 44901(g)(2) of
title 49, United States Code.
Sec. 519. 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. 520. No funding made available to the Department of
Homeland Security in this Act shall be available to pay the
salary of any employee serving as a contracting officer's
technical representative (COTR), or anyone acting in a similar
capacity, who has not received COTR training.
Sec. 521. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support'' for
fiscal years 2004, 2005, 2006, and 2007 that are recovered or
deobligated shall be available only for the procurement or
installation of explosives detection systems, for air cargo,
baggage, and checkpoint screening systems, subject to
notification: Provided, That quarterly reports shall be
submitted to the Committees on Appropriations of the Senate and
the House of Representatives on any funds that are recovered or
deobligated.
Sec. 522. 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.
Sec. 523. Any funds appropriated to United States Coast
Guard, ``Acquisition, Construction, and Improvements'' for
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. None of the funds provided in this Act shall be
available to commence operations of the National Applications
Office or the National Immigration Information Sharing
Operation until the Secretary certifies that these programs
comply with all existing laws, including all applicable privacy
and civil liberties standards, and that certification is
reviewed by the Government Accountability Office.
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. None of the funds made available by this Act shall
be used in contravention of the Federal buildings performance
and reporting requirements of Executive Order No. 13123, part 3
of title V of the National Energy Conservation Policy Act (42
U.S.C. 8251 et seq.), or subtitle A of title I of the Energy
Policy Act of 2005 (including the amendments made thereby).
Sec. 529. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 530. None of the funds made available in this Act may be
used in contravention of section 303 of the Energy Policy Act
of 1992 (42 U.S.C. 13212).
Sec. 531. None of the funds made available by this Act may be
used to take an action that would violate Executive Order No.
13149 (65 Fed. Reg. 24607; relating to greening the Government
through Federal fleet and transportation efficiency).
Sec. 532. Subsections (a), (b), and (d)(1) of section 6402 of
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28) shall apply to fiscal year 2008.
Sec. 533. None of the funds provided by this or any other Act
may be obligated for the development, testing, deployment, or
operation of any system related to the MAX-HR project, or any
subsequent but related human resources management project,
until any pending litigation concerning such activities is
resolved, and any legal claim or appeal by either party has
been fully resolved.
Sec. 534. 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. 535. (a) Amendments Relating to the Civil Service
Retirement System.--
(1) Definitions.--Section 8331 of title 5, United
States Code, is amended--
(A) by striking ``and'' at the end of
paragraph (28), by striking the period at the
end of the first paragraph (29) and inserting a
semicolon, by redesignating the second
paragraph (29) as paragraph (30), and by
striking the period at the end of paragraph
(30) (as so redesignated) and inserting ``;
and''; and
(B) by adding at the end the following:
``(31) `customs and border protection officer' means
an employee in the Department of Homeland Security (A)
who holds a position within the GS-1895 job series
(determined applying the criteria in effect as of
September 1, 2007) or any successor position, and (B)
whose duties include activities relating to the arrival
and departure of persons, conveyances, and merchandise
at ports of entry, including any such employee who is
transferred directly to a supervisory or administrative
position in the Department of Homeland Security after
performing such duties (as described in subparagraph
(B)) in 1 or more positions (as described in
subparagraph (A)) for at least 3 years.''.
(2) Deductions, contributions, and deposits.--Section
8334 of title 5, United States Code, is amended--
(A) in subsection (a)(1)(A), by striking ``or
nuclear materials courier,'' and inserting
``nuclear materials courier, or customs and
border protection officer,''; and
(B) in the table contained in subsection (c),
by adding at the end the following:
``Customs and border protection 7.5 After June 29,
officer 2008.''.
(3) Mandatory separation.--The first sentence of
section 8335(b)(1) of title 5, United States Code, is
amended by striking ``or nuclear materials courier''
and inserting ``nuclear materials courier, or customs
and border protection officer''.
(4) Immediate retirement.--Section 8336 of title 5,
United States Code, is amended--
(A) in subsection (c)(1), by striking ``or
nuclear materials courier'' and inserting
``nuclear materials courier, or customs and
border protection officer''; and
(B) in subsections (m) and (n), by striking
``or as a law enforcement officer,'' and
inserting ``as a law enforcement officer, or as
a customs and border protection officer,''.
(b) Amendments Relating to the Federal Employees' Retirement
System.--
(1) Definitions.--Section 8401 of title 5, United
States Code, is amended--
(A) in paragraph (34), by striking ``and'' at
the end;
(B) in paragraph (35), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(36) the term `customs and border protection
officer' means an employee in the Department of
Homeland Security (A) who holds a position within the
GS-1895 job series (determined applying the criteria in
effect as of September 1, 2007) or any successor
position, and (B) whose duties include activities
relating to the arrival and departure of persons,
conveyances, and merchandise at ports of entry,
including any such employee who is transferred directly
to a supervisory or administrative position in the
Department of Homeland Security after performing such
duties (as described in subparagraph (B)) in 1 or more
positions (as described in subparagraph (A)) for at
least 3 years.''.
(2) Immediate retirement.--Paragraphs (1) and (2) of
section 8412(d) of title 5, United States Code, are
amended by striking ``or nuclear materials courier,''
and inserting ``nuclear materials courier, or customs
and border protection officer,''.
(3) Computation of basic annuity.--Section 8415(h)(2)
of title 5, United States Code, is amended by striking
``or air traffic controller.'' and inserting ``air
traffic controller, or customs and border protection
officer''.
(4) Deductions from pay.--The table contained in
section 8422(a)(3) of title 5, United States Code, is
amended by adding at the end the following:
``Customs and border protection 7.5 After June 29,
officer 2008.''.
(5) Government contributions.--Paragraphs (1)(B)(i)
and (3) of section 8423(a) of title 5, United States
Code, are amended by inserting ``customs and border
protection officers,'' after ``nuclear materials
couriers,'' each place it appears.
(6) Mandatory separation.--Section 8425(b)(1) of
title 5, United States Code, is amended--
(A) by striking ``or nuclear materials
courier who'' and inserting ``nuclear materials
courier, or customs and border protection
officer who''; and
(B) by striking ``or nuclear materials
courier,'' and inserting ``nuclear materials
courier, or customs and border protection
officer''.
(c) Maximum Age for Original Appointment.--Section 3307 of
title 5, United States Code, is amended by adding at the end
the following:
``(g) The Secretary of Homeland Security may determine and
fix the maximum age limit for an original appointment to a
position as a customs and border protection officer, as defined
by section 8401(36).''.
(d) Regulations.--Any regulations necessary to carry out the
amendments made by this section shall be prescribed by the
Director of the Office of Personnel Management in consultation
with the Secretary of Homeland Security.
(e) Effective Date; Transition Rules.--
(1) Effective date.--The amendments made by this
section shall become effective on the later of June 30,
2008, or the first day of the first pay period
beginning at least 6 months after the date of the
enactment of this Act.
(2) Transition rules.--
(A) Nonapplicability of mandatory separation
provisions to certain individuals.--The
amendments made by subsections (a)(3) and
(b)(6), respectively, shall not apply to an
individual first appointed as a customs and
border protection officer before the effective
date under paragraph (1).
(B) Treatment of prior cbpo service.--
(i) General rule.--Except as provided
in clause (ii), nothing in this section
or any amendment made by this section
shall be considered to apply with
respect to any service performed as a
customs and border protection officer
before the effective date under
paragraph (1).
(ii) Exception.--Service described in
section 8331(31) or 8401(36) of title
5, United States Code (as amended by
this section) rendered before the
effective date under paragraph (1) may
be taken into account to determine if
an individual who is serving on or
after such effective date then
qualifies as a customs and border
protection officer by virtue of holding
a supervisory or administrative
position in the Department of Homeland
Security.
(C) Minimum annuity amount.--The annuity of
an individual serving as a customs and border
protection officer on the effective date under
paragraph (1) pursuant to an appointment made
before that date shall, to the extent that its
computation is based on service rendered as a
customs and border protection officer on or
after that date, be at least equal to the
amount that would be payable--
(i) to the extent that such service
is subject to the Civil Service
Retirement System, by applying section
8339(d) of title 5, United States Code,
with respect to such service; and
(ii) to the extent such service is
subject to the Federal Employees'
Retirement System, by applying section
8415(d) of title 5, United States Code,
with respect to such service.
(D) Rule of construction.--Nothing in the
amendment made by subsection (c) shall be
considered to apply with respect to any
appointment made before the effective date
under paragraph (1).
(3) Election.--
(A) Incumbent defined.--For purposes of this
paragraph, the term ``incumbent'' means an
individual who is serving as a customs and
border protection officer on the date of the
enactment of this Act.
(B) Notice requirement.--Not later than 30
days after the date of the enactment of this
Act, the Director of the Office of Personnel
Management shall take measures reasonably
designed to ensure that incumbents are notified
as to their election rights under this
paragraph, and the effect of making or not
making a timely election.
(C) Election available to incumbents.--
(i) In general.--An incumbent may
elect, for all purposes, either--
(I) to be treated in
accordance with the amendments
made by subsection (a) or (b),
as applicable; or
(II) to be treated as if
subsections (a) and (b) had
never been enacted.
Failure to make a timely election under
this paragraph shall be treated in the
same way as an election made under
subclause (I) on the last day allowable
under clause (ii).
(ii) Deadline.--An election under
this paragraph shall not be effective
unless it is made at least 14 days
before the effective date under
paragraph (1).
(4) Definition.--For purposes of this subsection, the
term ``customs and border protection officer'' has the
meaning given such term by section 8331(31) or 8401(36)
of title 5, United States Code (as amended by this
section).
(5) Exclusion.--Nothing in this section or any
amendment made by this section shall be considered to
afford any election or to otherwise apply with respect
to any individual who, as of the day before the date of
the enactment of this Act--
(A) holds a position within U.S. Customs and
Border Protection; and
(B) is considered a law enforcement officer
for purposes of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, by
virtue of such position.
Sec. 536. In fiscal year 2008, none of the funds made
available in this or any other Act may be used to enforce
section 4025(1) of Public Law 108-458 unless the Assistant
Secretary (Transportation Security Administration) reverses the
determination of July 19, 2007, that butane lighters are not a
significant threat to civil aviation security.
Sec. 537. 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 the enactment of this Act.
Sec. 538. The cumulative amount appropriated in title I of
this Act for the ``Office of the Secretary and Executive
Management'' and the ``Office of the Under Secretary for
Management'' shall be reduced by $5,000,000.
Sec. 539. (a) Except as provided in subsection (b), none of
the funds appropriated in this Act to the Office of the
Secretary and Executive Management, the Office of the Under
Secretary for Management and the Office of the Chief Financial
Officer, may be obligated for a grant or contract awarded by a
means other than full and open competition.
(b) This section does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a
mandated preferential program, such as the AbilityOne
Program, that is authorized under the Javits-Wagner-
O'Day Act (41 U.S.C. 46-48c); or
(2) under the Small Business Act (15 U.S.C. 631 et
seq.).
(c) The Secretary of Homeland Security may waive the
application of this section to the award of a contract in the
period of a national emergency determined by the Secretary.
(d) In addition to the requirements established by this
section, the Inspector General for the Department of Homeland
Security shall review departmental contracts awarded through
other than full and open competition to assess departmental
compliance with applicable laws and regulations: Provided, That
the Inspector General shall review selected contracts awarded
during the previous fiscal year through other than full and
open competition: Provided further, That in determining which
contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on
similar contracts or by the selected vendor, complaints
received about the award process or contractor performance, and
such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the
results of the reviews to the Committees on Appropriations of
the Senate and the House of Representatives.
Sec. 540. Section 44940(a)(2) of title 49, United States
Code, is amended by striking the period in the last sentence of
subparagraph (A) and the clause (iv) of subparagraph B and
adding the following, ``except for estimates and additional
collections made pursuant to the appropriation for Aviation
Security in Public Law 108-334: Provided, That such judicial
review shall be pursuant to section 46110 of title 49, United
States Code: Provided further, That such judicial review shall
be limited only to additional amounts collected by the
Secretary before October 1, 2007.''.
Sec. 541. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act declared
disasters or emergencies.
Sec. 542. Section 46301(a) of title 49, United States Code,
is amended by adding at the end the following:
``(6) Failure To Collect Airport Security Badges.--
Notwithstanding paragraph (1), any employer (other than
a governmental entity or airport operator) who employs
an employee to whom an airport security badge or other
identifier used to obtain access to a secure area of an
airport is issued before, on, or after the date of
enactment of this paragraph and who does not collect or
make reasonable efforts to collect such badge from the
employee on the date that the employment of the
employee is terminated and does not notify the operator
of the airport of such termination within 24 hours of
the date of such termination shall be liable to the
Government for a civil penalty not to exceed
$10,000.''.
Sec. 543. None of the funds made available in this Act may be
used by United States Citizenship and Immigration Services to
grant an immigration benefit unless the results of background
checks required by law to be completed prior to the grant of
the benefit have been received by United States Citizenship and
Immigration Services, and the results do not preclude the grant
of the benefit.
Sec. 544. None of the funds made available in this Act may be
used to destroy or put out to pasture any horse or other equine
belonging to the Federal Government that has become unfit for
service, unless the trainer or handler is first given the
option to take possession of the equine through an adoption
program that has safeguards against slaughter and inhumane
treatment.
Sec. 545. 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 3 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. 546. None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 547. 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, to the maximum extent feasible, as the Department's
primary data storage center at the highest capacity throughout
the fiscal year.
Sec. 548. 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. 549. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A-76 for
activities performed with respect to the Coast Guard National
Vessel Documentation Center.
Sec. 550. (a) Notwithstanding section 503 of this Act, up to
$24,000,000 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; explosives detection system
purchase; explosives 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. 551. Rescissions. (a) The following unobligated balances
made available pursuant to section 505 of Public Law 109-295
are rescinded: $2,003,441 from U.S. Customs and Border
Protection ``Salaries and Expenses''; $9,583,611 from Coast
Guard ``Operating Expenses''; $672,230 from ``United States
Citizenship and Immigration Services''; $2,790,513 from Federal
Emergency Management Agency ``Management and Administration'';
$127,994 from Federal Emergency Management Agency ``Disaster
Assistance Direct Loan Program Account''; $5,136,819 from U.S.
Immigration and Customs Enforcement ``Salaries and Expenses'';
$333,520 from Federal Law Enforcement Training Center
``Salaries and Expenses''; $4,211,376 from the ``Office of the
Secretary and Executive Management''; $443,672 from the
``Office of the Under Secretary for Management''; $380,166 from
the ``Office of the Chief Financial Officer''; $493,106 from
the ``Office of the Chief Information Officer''; $368,166 from
Domestic Nuclear Detection Office ``Management and
Administration''; $45,369 from the ``Office of Health
Affairs''; $32,299 from the ``Office of Inspector General'';
$1,994,454 from National Protection and Programs Directorate
``Management and Administration''; and $216,727 from Science
and Technology ``Management and Administration''.
(b) From the unobligated balances of funds transferred to the
Department of Homeland Security when it was created in 2003,
$59,286,537 are rescinded: Provided, That the rescission made
under this subsection shall not be executed from the following
programs: Coast Guard Retired Pay; U.S. Immigration and Customs
Enforcement Violent Crime Reduction Program; Federal Law
Enforcement Training Center Instructor Salaries; and Federal
Emergency Management Agency National Security Support.
(c) Of the amounts available under the heading
``Counterterrorism Fund'', $8,480,000 are rescinded.
(d) Of the unobligated balances available in the ``Department
of Homeland Security, Transportation Security Administration
Expenses'' account, $4,500,000 are rescinded.
Sec. 552. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall, under the Federal
Emergency Management Agency Public Assistance Program, provide
a single payment for any eligible costs for local educational
agencies impacted by Hurricanes Katrina or Rita within 30 days
of such request: Provided, That the payment for schools in
Louisiana shall be submitted to the Louisiana Department of
Education, which may expend up to 3 percent of those funds for
administrative costs: Provided further, That the Federal
Emergency Management Agency shall not reduce assistance in
accordance with section 406(c)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act for local
educational agencies impacted by Hurricanes Katrina or Rita:
Provided further, That nothing in the previous proviso shall be
construed to alter the appeals or review process: Provided
further, That section 406(d) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act shall not apply to more
than one facility on a school site impacted by Hurricanes
Katrina or Rita.
Sec. 553. Technical Corrections. (a) In General.--
(1) Redesignations.--Chapter 27 of title 18, United
States Code, is amended by redesignating section 554
added by section 551(a) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295;
120 Stat. 1389) (relating to border tunnels and
passages) as section 555.
(2) Table of sections.--The table of sections for
chapter 27 of title 18, United States Code, is amended
by striking the item relating to section 554, ``Border
tunnels and passages'', and inserting the following:
``555. Border tunnels and passages.''.
(b) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by striking ``554'' and
inserting ``555''.
(c) Directive to the United States Sentencing Commission.--
Section 551(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390)
is amended in paragraphs (1) and (2)(A) by striking ``554'' and
inserting ``555''.
Sec. 554. Sections 2241, 2242, 2243, and 2244 of title 18,
United States Code, are each amended by striking ``the Attorney
General'' each place that term appears and inserting ``the head
of any Federal department or agency''.
Sec. 555. Not later than 30 days after the date of enactment
of this Act--
(1) the Secretary of Homeland Security shall
establish and maintain on the homepage of the website
of the Department of Homeland Security, a direct link
to the website of the Office of Inspector General of
the Department of Homeland Security; and
(2) the Inspector General of the Department of
Homeland Security shall establish and maintain on the
homepage of the website of the Office of Inspector
General a direct link for individuals to anonymously
report waste, fraud, or abuse.
Sec. 556. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes (which outcomes shall be specified in terms of cost,
schedule, and performance).
Sec. 557. None of the funds made available to the Office of
the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland
Security that are not verified through the basic pilot program
required under section 401 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 558. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to
individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 559. None of the funds made available in this Act may be
used by the Secretary of Homeland Security or any delegate of
the Secretary to issue any rule or regulation which implements
the Notice of Proposed Rulemaking related to Petitions for
Aliens To Perform Temporary Nonagricultural Services or Labor
(H-2B) set out beginning on 70 Fed. Reg. 3984 (January 27,
2005).
Sec. 560. Notwithstanding any other provision of law,
Watsonville Community Hospital, or its successor trust, shall
not be required to pay the Federal Emergency Management Agency
additional funds related to DR-845.
Sec. 561. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide, under the Federal
Emergency Management Agency Public Assistance Program, the
relocation costs as estimated by the Federal Emergency
Management Agency on May 5, 2006, for the Peebles School in
Iberia Parish, Louisiana, which was damaged by Hurricane Rita
in 2005.
Sec. 562. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide, under the Federal
Emergency Management Agency Public Assistance Program, the
currently uncompensated debris removal costs from Super Typhoon
Paka and the firefighting costs associated with the Malojloj
hardfill fire in 1998.
Sec. 563. Secure Handling of Ammonium Nitrate.--(a) In
General.--Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by adding at the end the
following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``SEC. 899A. DEFINITIONS.
``In this subtitle:
``(1) Ammonium nitrate.--The term `ammonium nitrate'
means--
``(A) solid ammonium nitrate that is chiefly
the ammonium salt of nitric acid and contains
not less than 33 percent nitrogen by weight;
and
``(B) any mixture containing a percentage of
ammonium nitrate that is equal to or greater
than the percentage determined by the Secretary
under section 899B(b).
``(2) Ammonium nitrate facility.--The term `ammonium
nitrate facility' means any entity that produces, sells
or otherwise transfers ownership of, or provides
application services for ammonium nitrate.
``(3) Ammonium nitrate purchaser.--The term `ammonium
nitrate purchaser' means any person who purchases
ammonium nitrate from an ammonium nitrate facility.
``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.
``(a) In General.--The Secretary shall regulate the sale and
transfer of ammonium nitrate by an ammonium nitrate facility in
accordance with this subtitle to prevent the misappropriation
or use of ammonium nitrate in an act of terrorism.
``(b) Ammonium Nitrate Mixtures.--Not later than 90 days
after the date of the enactment of this subtitle, the
Secretary, in consultation with the heads of appropriate
Federal departments and agencies (including the Secretary of
Agriculture), shall, after notice and an opportunity for
comment, establish a threshold percentage for ammonium nitrate
in a substance.
``(c) Registration of Owners of Ammonium Nitrate
Facilities.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) owns an ammonium nitrate facility is
required to register with the Department; and
``(B) registers under subparagraph (A) is
issued a registration number for purposes of
this subtitle.
``(2) Registration information.--Any person applying
to register under paragraph (1) shall submit to the
Secretary--
``(A) the name, address, and telephone number
of each ammonium nitrate facility owned by that
person;
``(B) the name of the person designated by
that person as the point of contact for each
such facility, for purposes of this subtitle;
and
``(C) such other information as the Secretary
may determine is appropriate.
``(d) Registration of Ammonium Nitrate Purchasers.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) intends to be an ammonium nitrate
purchaser is required to register with the
Department; and
``(B) registers under subparagraph (A) is
issued a registration number for purposes of
this subtitle.
``(2) Registration information.--Any person applying
to register under paragraph (1) as an ammonium nitrate
purchaser shall submit to the Secretary--
``(A) the name, address, and telephone number
of the applicant; and
``(B) the intended use of ammonium nitrate to
be purchased by the applicant.
``(e) Records.--
``(1) Maintenance of records.--The owner of an
ammonium nitrate facility shall--
``(A) maintain a record of each sale or
transfer of ammonium nitrate, during the two-
year period beginning on the date of that sale
or transfer; and
``(B) include in such record the information
described in paragraph (2).
``(2) Specific information required.--For each sale
or transfer of ammonium nitrate, the owner of an
ammonium nitrate facility shall--
``(A) record the name, address, telephone
number, and registration number issued under
subsection (c) or (d) of each person that
purchases ammonium nitrate, in a manner
prescribed by the Secretary;
``(B) if applicable, record the name,
address, and telephone number of an agent
acting on behalf of the person described in
subparagraph (A), at the point of sale;
``(C) record the date and quantity of
ammonium nitrate sold or transferred; and
``(D) verify the identity of the persons
described in subparagraphs (A) and (B), as
applicable, in accordance with a procedure
established by the Secretary.
``(3) Protection of information.--In maintaining
records in accordance with paragraph (1), the owner of
an ammonium nitrate facility shall take reasonable
actions to ensure the protection of the information
included in such records.
``(f) Exemption for Explosive Purposes.--The Secretary may
exempt from this subtitle a person producing, selling, or
purchasing ammonium nitrate exclusively for use in the
production of an explosive under a license or permit issued
under chapter 40 of title 18, United States Code.
``(g) Consultation.--In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture,
States, and appropriate private sector entities, to ensure that
the access of agricultural producers to ammonium nitrate is not
unduly burdened.
``(h) Data Confidentiality.--
``(1) In general.--Notwithstanding section 552 of
title 5, United States Code, or the USA PATRIOT ACT
(Public Law 107-56; 115 Stat. 272), and except as
provided in paragraph (2), the Secretary may not
disclose to any person any information obtained under
this subtitle.
``(2) Exception.--The Secretary may disclose any
information obtained by the Secretary under this
subtitle to--
``(A) an officer or employee of the United
States, or a person that has entered into a
contract with the United States, who has a need
to know the information to perform the duties
of the officer, employee, or person; or
``(B) to a State agency under section 899D,
under appropriate arrangements to ensure the
protection of the information.
``(i) Registration Procedures and Check of Terrorist
Screening Database.--
``(1) Registration procedures.--
``(A) Generally.--The Secretary shall
establish procedures to efficiently receive
applications for registration numbers under
this subtitle, conduct the checks required
under paragraph (2), and promptly issue or deny
a registration number.
``(B) Initial six-month registration
period.--The Secretary shall take steps to
maximize the number of registration
applications that are submitted and processed
during the six-month period described in
section 899F(e).
``(2) Check of terrorist screening database.--
``(A) Check required.--The Secretary shall
conduct a check of appropriate identifying
information of any person seeking to register
with the Department under subsection (c) or (d)
against identifying information that appears in
the terrorist screening database of the
Department.
``(B) Authority to deny registration
number.--If the identifying information of a
person seeking to register with the Department
under subsection (c) or (d) appears in the
terrorist screening database of the Department,
the Secretary may deny issuance of a
registration number under this subtitle.
``(3) Expedited review of applications.--
``(A) In general.--Following the six-month
period described in section 899F(e), the
Secretary shall, to the extent practicable,
issue or deny registration numbers under this
subtitle not later than 72 hours after the time
the Secretary receives a complete registration
application, unless the Secretary determines,
in the interest of national security, that
additional time is necessary to review an
application.
``(B) Notice of application status.--In all
cases, the Secretary shall notify a person
seeking to register with the Department under
subsection (c) or (d) of the status of the
application of that person not later than 72
hours after the time the Secretary receives a
complete registration application.
``(4) Expedited appeals process.--
``(A) Requirement.--
``(i) Appeals process.--The Secretary
shall establish an expedited appeals
process for persons denied a
registration number under this
subtitle.
``(ii) Time period for resolution.--
The Secretary shall, to the extent
practicable, resolve appeals not later
than 72 hours after receiving a
complete request for appeal unless the
Secretary determines, in the interest
of national security, that additional
time is necessary to resolve an appeal.
``(B) Consultation.--The Secretary, in
developing the appeals process under
subparagraph (A), shall consult with
appropriate stakeholders.
``(C) Guidance.--The Secretary shall provide
guidance regarding the procedures and
information required for an appeal under
subparagraph (A) to any person denied a
registration number under this subtitle.
``(5) Restrictions on use and maintenance of
information.--
``(A) In general.--Any information
constituting grounds for denial of a
registration number under this section shall be
maintained confidentially by the Secretary and
may be used only for making determinations
under this section.
``(B) Sharing of information.--
Notwithstanding any other provision of this
subtitle, the Secretary may share any such
information with Federal, State, local, and
tribal law enforcement agencies, as
appropriate.
``(6) Registration information.--
``(A) Authority to require information.--The
Secretary may require a person applying for a
registration number under this subtitle to
submit such information as may be necessary to
carry out the requirements of this section.
``(B) Requirement to update information.--The
Secretary may require persons issued a
registration under this subtitle to update
registration information submitted to the
Secretary under this subtitle, as appropriate.
``(7) Re-checks against terrorist screening
database.--
``(A) Re-checks.--The Secretary shall, as
appropriate, recheck persons provided a
registration number pursuant to this subtitle
against the terrorist screening database of the
Department, and may revoke such registration
number if the Secretary determines such person
may pose a threat to national security.
``(B) Notice of revocation.--The Secretary
shall, as appropriate, provide prior notice to
a person whose registration number is revoked
under this section and such person shall have
an opportunity to appeal, as provided in
paragraph (4).
``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.
``The Secretary shall establish a process for the periodic
inspection and auditing of the records maintained by owners of
ammonium nitrate facilities for the purpose of monitoring
compliance with this subtitle or for the purpose of deterring
or preventing the misappropriation or use of ammonium nitrate
in an act of terrorism.
``SEC. 899D. ADMINISTRATIVE PROVISIONS.
``(a) Cooperative Agreements.--The Secretary--
``(1) may enter into a cooperative agreement with the
Secretary of Agriculture, or the head of any State
department of agriculture or its designee involved in
agricultural regulation, in consultation with the State
agency responsible for homeland security, to carry out
the provisions of this subtitle; and
``(2) wherever possible, shall seek to cooperate with
State agencies or their designees that oversee ammonium
nitrate facility operations when seeking cooperative
agreements to implement the registration and
enforcement provisions of this subtitle.
``(b) Delegation.--
``(1) Authority.--The Secretary may delegate to a
State the authority to assist the Secretary in the
administration and enforcement of this subtitle.
``(2) Delegation required.--At the request of a
Governor of a State, the Secretary shall delegate to
that State the authority to carry out functions under
sections 899B and 899C, if the Secretary determines
that the State is capable of satisfactorily carrying
out such functions.
``(3) Funding.--Subject to the availability of
appropriations, if the Secretary delegates functions to
a State under this subsection, the Secretary shall
provide to that State sufficient funds to carry out the
delegated functions.
``(c) Provision of Guidance and Notification Materials to
Ammonium Nitrate Facilities.--
``(1) Guidance.--The Secretary shall make available
to each owner of an ammonium nitrate facility
registered under section 899B(c)(1) guidance on--
``(A) the identification of suspicious
ammonium nitrate purchases or transfers or
attempted purchases or transfers;
``(B) the appropriate course of action to be
taken by the ammonium nitrate facility owner
with respect to such a purchase or transfer or
attempted purchase or transfer, including--
``(i) exercising the right of the
owner of the ammonium nitrate facility
to decline sale of ammonium nitrate;
and
``(ii) notifying appropriate law
enforcement entities; and
``(C) additional subjects determined
appropriate to prevent the misappropriation or
use of ammonium nitrate in an act of terrorism.
``(2) Use of materials and programs.--In providing
guidance under this subsection, the Secretary shall, to
the extent practicable, leverage any relevant materials
and programs.
``(3) Notification materials.--
``(A) In general.--The Secretary shall make
available materials suitable for posting at
locations where ammonium nitrate is sold.
``(B) Design of materials.--Materials made
available under subparagraph (A) shall be
designed to notify prospective ammonium nitrate
purchasers of--
``(i) the record-keeping requirements
under section 899B; and
``(ii) the penalties for violating
such requirements.
``SEC. 899E. THEFT REPORTING REQUIREMENT.
``Any person who is required to comply with section 899B(e)
who has knowledge of the theft or unexplained loss of ammonium
nitrate shall report such theft or loss to the appropriate
Federal law enforcement authorities not later than 1 calendar
day of the date on which the person becomes aware of such theft
or loss. Upon receipt of such report, the relevant Federal
authorities shall inform State, local, and tribal law
enforcement entities, as appropriate.
``SEC. 899F. PROHIBITIONS AND PENALTY.
``(a) Prohibitions.--
``(1) Taking possession.--No person shall purchase
ammonium nitrate from an ammonium nitrate facility
unless such person is registered under subsection (c)
or (d) of section 899B, or is an agent of a person
registered under subsection (c) or (d) of that section.
``(2) Transferring possession.--An owner of an
ammonium nitrate facility shall not transfer possession
of ammonium nitrate from the ammonium nitrate facility
to any ammonium nitrate purchaser who is not registered
under subsection (c) or (d) of section 899B, or to any
agent acting on behalf of an ammonium nitrate purchaser
when such purchaser is not registered under subsection
(c) or (d) of section 899B.
``(3) Other prohibitions.--No person shall--
``(A) purchase ammonium nitrate without a
registration number required under subsection
(c) or (d) of section 899B;
``(B) own or operate an ammonium nitrate
facility without a registration number required
under section 899B(c); or
``(C) fail to comply with any requirement or
violate any other prohibition under this
subtitle.
``(b) Civil Penalty.--A person that violates this subtitle
may be assessed a civil penalty by the Secretary of not more
than $50,000 per violation.
``(c) Penalty Considerations.--In determining the amount of a
civil penalty under this section, the Secretary shall
consider--
``(1) the nature and circumstances of the violation;
``(2) with respect to the person who commits the
violation, any history of prior violations, the ability
to pay the penalty, and any effect the penalty is
likely to have on the ability of such person to do
business; and
``(3) any other matter that the Secretary determines
that justice requires.
``(d) Notice and Opportunity for a Hearing.--No civil penalty
may be assessed under this subtitle unless the person liable
for the penalty has been given notice and an opportunity for a
hearing on the violation for which the penalty is to be
assessed in the county, parish, or incorporated city of
residence of that person.
``(e) Delay in Application of Prohibition.--Paragraphs (1)
and (2) of subsection (a) shall apply on and after the date
that is 6 months after the date that the Secretary issues a
final rule implementing this subtitle.
``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.
``(a) In General.--Notwithstanding any other provision of
law, an owner of an ammonium nitrate facility that in good
faith refuses to sell or transfer ammonium nitrate to any
person, or that in good faith discloses to the Department or to
appropriate law enforcement authorities an actual or attempted
purchase or transfer of ammonium nitrate, based upon a
reasonable belief that the person seeking purchase or transfer
of ammonium nitrate may use the ammonium nitrate to create an
explosive device to be employed in an act of terrorism (as
defined in section 3077 of title 18, United States Code), or to
use ammonium nitrate for any other unlawful purpose, shall not
be liable in any civil action relating to that refusal to sell
ammonium nitrate or that disclosure.
``(b) Reasonable Belief.--A reasonable belief that a person
may use ammonium nitrate to create an explosive device to be
employed in an act of terrorism under subsection (a) may not
solely be based on the race, sex, national origin, creed,
religion, status as a veteran, or status as a member of the
Armed Forces of the United States of that person.
``SEC. 899H. PREEMPTION OF OTHER LAWS.
``(a) Other Federal Regulations.--Except as provided in
section 899G, nothing in this subtitle affects any regulation
issued by any agency other than an agency of the Department.
``(b) State Law.--Subject to section 899G, this subtitle
preempts the laws of any State to the extent that such laws are
inconsistent with this subtitle, except that this subtitle
shall not preempt any State law that provides additional
protection against the acquisition of ammonium nitrate by
terrorists or the use of ammonium nitrate in explosives in acts
of terrorism or for other illicit purposes, as determined by
the Secretary.
``SEC. 899I. DEADLINES FOR REGULATIONS.
``The Secretary--
``(1) shall issue a proposed rule implementing this
subtitle not later than 6 months after the date of the
enactment of this subtitle; and
``(2) issue a final rule implementing this subtitle
not later than 1 year after such date of enactment.
``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary--
``(1) $2,000,000 for fiscal year 2008; and
``(2) $10,750,000 for each of fiscal years 2009
through 2012.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 899 the following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.
Sec. 564. Improvement of Barriers at Border. (a) Section 102
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1103 note) is amended--
(1) in subsection (a), by striking ``Attorney
General, in consultation with the Commissioner of
Immigration and Naturalization,'' and inserting
``Secretary of Homeland Security''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking
``in the Border Area'' and inserting ``Along
the Border'';
(B) in paragraph (1)--
(i) in the heading, by striking
``Security features'' and inserting
``Additional fencing along southwest
border''; and
(ii) by striking subparagraphs (A)
through (C) and inserting the
following:
``(A) Reinforced fencing.--In carrying out
subsection (a), the Secretary of Homeland
Security shall construct reinforced fencing
along not less than 700 miles of the southwest
border where fencing would be most practical
and effective and provide for the installation
of additional physical barriers, roads,
lighting, cameras, and sensors to gain
operational control of the southwest border.
``(B) Priority areas.--In carrying out this
section, the Secretary of Homeland Security
shall--
``(i) identify the 370 miles, or
other mileage determined by the
Secretary, whose authority to determine
other mileage shall expire on December
31, 2008, along the southwest border
where fencing would be most practical
and effective in deterring smugglers
and aliens attempting to gain illegal
entry into the United States; and
``(ii) not later than December 31,
2008, complete construction of
reinforced fencing along the miles
identified under clause (i).
``(C) Consultation.--
``(i) In general.--In carrying out
this section, the Secretary of Homeland
Security shall consult with the
Secretary of the Interior, the
Secretary of Agriculture, States, local
governments, Indian tribes, and
property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life
for the communities and residents
located near the sites at which such
fencing is to be constructed.
``(ii) Savings provision.--Nothing in
this subparagraph may be construed to--
``(I) create or negate any
right of action for a State,
local government, or other
person or entity affected by
this subsection; or
``(II) affect the eminent
domain laws of the United
States or of any State.
``(D) Limitation on requirements.--
Notwithstanding subparagraph (A), nothing in
this paragraph shall require the Secretary of
Homeland Security to install fencing, physical
barriers, roads, lighting, cameras, and sensors
in a particular location along an international
border of the United States, if the Secretary
determines that the use or placement of such
resources is not the most appropriate means to
achieve and maintain operational control over
the international border at such location.'';
and
(C) in paragraph (4), by striking ``to carry
out this subsection not to exceed $12,000,000''
and inserting ``such sums as may be necessary
to carry out this subsection''.
(b) No funds appropriated in this Act for U.S. Customs and
Border Protection ``Border Security Fencing, Infrastructure,
and Technology'' may be obligated unless the Secretary of
Homeland Security has complied with section 102(b)(2)(C)(i) of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note) as amended by subsection (a)(2).
Sec. 565. International Registered Traveler Program. Section
7208(k)(3) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to read as
follows:
``(3) International registered traveler program.--
``(A) In general.--The Secretary of Homeland
Security shall establish an international
registered traveler program that incorporates
available technologies, such as biometrics and
e-passports, and security threat assessments to
expedite the screening and processing of
international travelers, including United
States Citizens and residents, who enter and
exit the United States. The program shall be
coordinated with the United States Visitor and
Immigrant Status Indicator Technology program,
other pre-screening initiatives, and the Visa
Waiver Program.
``(B) Fees.--The Secretary may impose a fee
for the program established under subparagraph
(A) and may modify such fee from time to time.
The fee may not exceed the aggregate costs
associated with the program and shall be
credited to the Department of Homeland Security
for purposes of carrying out the program.
Amounts so credited shall remain available
until expended.
``(C) Rulemaking.--Within 365 days after the
date of enactment of this paragraph, the
Secretary shall initiate a rulemaking to
establish the program, criteria for
participation, and the fee for the program.
``(D) Implementation.--Not later than 2 years
after the date of enactment of this paragraph,
the Secretary shall establish a phased-
implementation of a biometric-based
international registered traveler program in
conjunction with the United States Visitor and
Immigrant Status Indicator Technology entry and
exit system, other pre-screening initiatives,
and the Visa Waiver Program at United States
airports with the highest volume of
international travelers.
``(E) Participation.--The Secretary shall
ensure that the international registered
traveler program includes as many participants
as practicable by--
``(i) establishing a reasonable cost
of enrollment;
``(ii) making program enrollment
convenient and easily accessible; and
``(iii) providing applicants with
clear and consistent eligibility
guidelines.''.
Sec. 566. Shared Border Management. (a) Study.--The
Comptroller General of the United States shall conduct a study
on the Department of Homeland Security's use of shared border
management to secure the international borders of the United
States.
(b) Report.--The Comptroller General shall submit a report to
Congress that describes--
(1) any negotiations, plans, or designs conducted by
officials of the Department of Homeland Security
regarding the practice of shared border management; and
(2) the factors required to be in place for shared
border management to be successful.
Sec. 567. None of the funds made available in this Act may be
used for planning, testing, piloting, or developing a national
identification card.
Sec. 568. Transportation Security Administration Acquisition
Management Policy. (a) In General.--Section 114 of title 49,
United States Code, is amended by striking subsection (o) and
redesignating subsections (p) through (t) as subsections (o)
through (s), respectively.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of this
Act.
Sec. 569. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date that the President determines whether to declare a
major disaster because of an event and any appeal is completed,
the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committees on Appropriations of the Senate
and the House of Representatives, and publish on the website of
the Federal Emergency Management Agency, a report regarding
that decision, which shall summarize damage assessment
information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines would
compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the
Administrator of the Federal Emergency Management
Agency; and
(2) the term ``major disaster'' has the meaning given
that term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).
Sec. 570. If the Secretary of Homeland Security establishes a
National Transportation Security Center of Excellence to
conduct research and education activities, and to develop or
provide professional security training, including the training
of transportation employees and transportation professionals,
the Mineta Transportation Institute at San Jose State
University may be included as a member institution of such
Center.
Sec. 571. Effective no later than ninety days after the date
of enactment of this Act, the Transportation Security
Administration shall permit approved members of Registered
Traveler programs to satisfy fully the required identity
verification procedures at security screening checkpoints by
presenting a biometrically-secure Registered Traveler card in
lieu of the government-issued photo identification document
required of non-participants: Provided, That if their identity
is not confirmed biometrically, the standard identity and
screening procedures will apply: Provided further, That if the
Assistant Secretary (Transportation Security Administration)
determines this is a threat to civil aviation, then the
Assistant Secretary (Transportation Security Administration)
shall notify the Committees on Appropriations of the Senate and
House of Representatives five days in advance of such
determination and require Registered Travelers to present
government-issued photo identification documents in conjunction
with a biometrically-secure Registered Traveler card.
Sec. 572. Section 831(a) of the Homeland Security Act of 2002
(6 U.S.C. 391(a)) is amended by striking ``During the 5-year
period following the effective date of this Act'' and inserting
``Until September 30, 2008''.
Sec. 573. (a) Rescission.--Of amounts previously made
available from the Federal Emergency Management Agency
``Disaster Relief'' to the State of Mississippi pursuant to
section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) for Hurricane
Katrina, $20,000,000 are rescinded.
(b) Appropriation.--For Federal Emergency Management Agency
``State and Local Programs'', there is appropriated an
additional $20,000,000, to remain available until expended, for
a grant to the State of Mississippi for an interoperable
communications system required in the aftermath of Hurricane
Katrina: Provided, That this entire amount is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
TITLE VI
BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION
Sec. 601. Short Title.
This title may be cited as the ``Border Infrastructure and
Technology Modernization Act of 2007''.
Sec. 602. Definitions.--In this title:
(1) Commissioner.--The term ``Commissioner'' means
the Commissioner of U.S. Customs and Border Protection
of the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an
entity located in Mexico that assembles and produces
goods from imported parts for export to the United
States.
(3) Northern border.--The term ``northern border''
means the international border between the United
States and Canada.
(4) Secretary.--The term ``Secretary'' means the
Secretary of the Department of Homeland Security.
(5) Southern border.--The term ``southern border''
means the international border between the United
States and Mexico.
Sec. 603. Port of Entry Infrastructure Assessment Study.--(a)
Requirement To Update.--Not later than January 31 of every
other year, the Commissioner, in consultation with the
Administrator of General Services shall--
(1) review--
(A) the Port of Entry Infrastructure
Assessment Study prepared by the United States
Customs Service, the Immigration and
Naturalization Service, and the General
Services Administration in accordance with the
matter relating to the ports of entry
infrastructure assessment set forth in the
joint explanatory statement on page 67 of
conference report 106-319, accompanying Public
Law 106-58; and
(B) the nationwide strategy to prioritize and
address the infrastructure needs at the land
ports of entry prepared by the Department of
Homeland Security and the General Services
Administration in accordance with the committee
recommendations on page 22 of Senate report
108-86, accompanying Public Law 108-90;
(2) update the assessment of the infrastructure needs
of all United States land ports of entry; and
(3) submit an updated assessment of land port of
entry infrastructure needs to the Committees on
Appropriations of the Senate and the House of
Representatives, the Senate Committee on Environment
and Public Works, the Senate Committee on Homeland
Security and Governmental Affairs, the House Committee
on Transportation and Infrastructure, and the House
Committee on Homeland Security.
(b) Consultation.--In preparing the updated studies required
under subsection (a), the Commissioner and the Administrator of
General Services shall consult with the Director of the Office
of Management and Budget, the Secretary, and affected State and
local agencies on the northern and southern borders of the
United States.
(c) Content.--Each updated study required in subsection (a)
shall--
(1) identify port of entry infrastructure and
technology improvement projects that would enhance
border security and facilitate the flow of legitimate
commerce if implemented;
(2) include the projects identified in the National
Land Border Security Plan required by section 604; and
(3) prioritize the projects described in paragraphs
(1) and (2) based on the ability of a project--
(A) to enhance the ability of U.S. Customs
and Border Protection to achieve its mission
and to support operations;
(B) to fulfill security requirements; and
(C) facilitate trade across the borders of
the United States.
(d) Project Implementation.--The Commissioner, as
appropriate, shall--
(1) implement the infrastructure and technology
improvement projects described in subsection (c) in the
order of priority assigned to each project under
subsection (c)(3); or
(2) forward the prioritized list of infrastructure
and technology improvement projects to the
Administrator of General Services for implementation in
the order of priority assigned to each project under
subsection (c)(3).
(e) Divergence From Priorities.--The Commissioner may diverge
from the priority order if the Commissioner determines that
significantly changed circumstances, including immediate
security needs, changes in infrastructure in Mexico or Canada,
or similar concerns, compellingly alter the need for a project
in the United States.
Sec. 604. National Land Border Security Plan. (a) Requirement
for Plan.--Not later than January 31 of every other year, the
Secretary, acting through the Commissioner, shall prepare a
National Land Border Security Plan and submit such plan to the
Committees on Appropriations of the Senate and the House of
Representatives, the Senate Committee on Environment and Public
Works, the Senate Committee on Homeland Security and
Governmental Affairs, the Senate Committee on the Judiciary,
the House Committee on Transportation and Infrastructure, the
House Committee on Homeland Security, and the House Committee
on the Judiciary.
(b) Consultation.--In preparing the plan required under
subsection (a), the Commissioner shall consult with other
appropriate Federal agencies, State and local law enforcement
agencies, and private entities that are involved in
international trade across the northern or southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required under subsection
(a) shall include a vulnerability, risk, and threat
assessment of each port of entry located on the
northern border or the southern border.
(2) Port security coordinators.--The Secretary,
acting through the Commissioner, may establish one or
more port security coordinators at each port of entry
located on the northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required under
subsection (a).
(d) Coordination with the Secure Border Initiative.--The plan
required under subsection (a) shall include a description of
activities undertaken during the previous year as part of the
Secure Border Initiative and actions planned for the coming
year as part of the Secure Border Initiative.
Sec. 605. Port of Entry Technology Demonstration Program. (a)
Establishment.--The Secretary, acting through the Commissioner,
shall carry out a technology demonstration program to test and
evaluate new port of entry technologies, refine port of entry
technologies and operational concepts, and train personnel
under realistic conditions.
(b) Technology Tested.--Under the demonstration program, the
Commissioner shall test technologies that enhance port of entry
operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
(c) Demonstration Sites.--
(1) Number.--The Commissioner shall carry out the
demonstration program at not less than three sites and
not more than five sites.
(2) Location.--Of the sites selected under subsection
(c)--
(A) at least one shall be located on the
northern border of the United States; and
(B) at least one shall be located on the
southern border of the United States.
(3) Selection criteria.--To ensure that one of the
facilities selected as a port of entry demonstration
site for the demonstration program has the most up-to-
date design, contains sufficient space to conduct the
demonstration program, has a traffic volume low enough
to easily incorporate new technologies without
interrupting normal processing activity, and can
efficiently carry out demonstration and port of entry
operations, one port of entry selected as a
demonstration site may--
(A) have been established not more than 15
years before the date of the enactment of this
Act;
(B) consist of not less than 65 acres, with
the possibility of expansion onto not less than
25 adjacent acres; and
(C) have serviced an average of not more than
50,000 vehicles per month during the 12 months
preceding the date of the enactment of this
Act.
(d) Relationship With Other Agencies.--The Secretary, acting
through the Commissioner, shall permit personnel from
appropriate Federal agencies to utilize a demonstration site
described in subsection (c) to test technologies that enhance
port of entry operations, including those related to
inspections, communications, port tracking, identification of
persons and cargo, sensory devices, personal detection,
decision support, and the detection and identification of
weapons of mass destruction.
(e) Report.--
(1) Requirement.--Not later than 1 year after the
date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to the
Committees on Appropriations of the Senate and the
House of Representatives, the Senate Committee on
Environment and Public Works, the Senate Committee on
Homeland Security and Governmental Affairs, the House
Committee on Transportation and Infrastructure, and the
House Committee on Homeland Security a report on the
activities carried out at each demonstration site under
the technology demonstration program established under
this section.
(2) Content.--The report shall include an assessment
by the Commissioner of the feasibility of incorporating
any demonstrated technology for use throughout U.S.
Customs and Border Protection.
Sec. 606. Authorization of Appropriations. (a) In General.--
In addition to any funds otherwise available, there are
authorized to be appropriated such sums as may be necessary to
carry out this title for fiscal years 2009 through 2013.
(b) International Agreements.--Funds authorized to be
appropriated under this title may be used for the
implementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Secure and
Efficient Flow of People and Commerce across our Shared Border
between the United States and Mexico, agreed to March 22, 2002,
Monterrey, Mexico (commonly known as the Border Partnership
Action Plan) or the Smart Border Declaration between the United
States and Canada, agreed to December 12, 2001, Ottawa, Canada
that are consistent with the provisions of this title.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2008''.
[Clerk's note: Reproduced below is the material relating to
division E contained in the ``Explanatory Statement Submitted
by Mr. Obey, Chairman of the House Committee on Appropriations,
Regarding the Consolidated Appropriations Amendment of the
House of Representatives to the Senate Amendment to H.R.
2764''.\1\
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on December 17, 2007, prior to House consideration
of the Consolidated Appropriations amendment and as directed by the
House of Representatives in section 3 of H. Res. 869. The Statement
appears in books II and III of the December 17 Congressional Record,
with the division E portion beginning on page H16078 of book II.
---------------------------------------------------------------------------
The amendment discussed in the Explanatory Statement was
agreed to without change by both the House of Representatives
and the Senate. Therefore, the ``amended bill'' referred to in
the Statement is the same as the legislation that has been
signed into law.
Section 4 of the Consolidated Appropriations Act provides
that this Explanatory Statement 'shall have the same effect
with respect to the allocation of funds and implementation of
divisions A through K of this Act as if it were a joint
explanatory statement of a committee of conference''.]
Explanatory Statement, Division E
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
The following is an explanation of the effects of this
division on the House amendment to the Senate amendment to H.R.
2764 (hereafter referred to as ``the amended bill'') relative
to the versions of the Department of Homeland Security
Appropriations Act, 2008 (H.R. 2638 and S. 1644) passed by the
House of Representatives and the Senate. The language and
allocations contained in House Report 110-181 and Senate Report
110-84 should be complied with unless specifically addressed to
the contrary in the amended bill or this explanatory statement.
When this explanatory statement refers to the Committees on
Appropriations, unless otherwise noted, this reference is to
the House Subcommittee on Homeland Security and the Senate
Subcommittee on Homeland Security.
While repeating some report language for emphasis, this
explanatory statement does not intend to negate the language
referred to above unless expressly provided herein. In cases
where both the House and Senate reports address a particular
issue not specifically addressed in the amended bill or
explanatory statement, the Committees on Appropriations have
determined the House report and the Senate report are not
inconsistent and are to be interpreted accordingly.
In cases where the House or Senate report directs the
submission of a report, such report is to be submitted to both
Committees on Appropriations. In a number of instances, House
Report 110-181 and Senate Report 110-84 direct agencies to
report to the Committees by specific dates. In those instances,
and unless alternative dates are provided in the explanatory
statement, agencies are directed to provide these reports to
the Committees on Appropriations no later than five months
after the date of enactment of this Act. Further, the
Committees on Appropriations have attempted to reduce the
number of reports required of the Department and in certain
instances in lieu of reports have requested briefings. Unless
alternative dates are provided in the explanatory statement,
agencies are directed to provide these briefings within four
months after the date of enactment of this Act.
Last, this explanatory statement refers to the following
laws as follows: Implementing Recommendations of the 9/11
Commission Act of 2007, Public Law 110-53, is referenced as the
9/11 Act; Security and Accountability for Every Port Act of
2006, Public Law 109-347, is referenced as the SAFE Port Act;
and the Intelligence Reform and Terrorism Prevention Act of
2004, Public Law 108-458, is referenced as the Intelligence
Reform Act.
CLASSIFIED PROGRAMS
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this explanatory
statement.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
The amended bill provides $97,353,000 for the Office of the
Secretary and Executive Management instead of $85,172,000 as
proposed by the House and $100,000,000 as proposed by the
Senate. A total of $15,000,000 of this amount is unavailable
for obligation until the Secretary certifies that DHS has
revised Departmental guidance with respect to relations with
the Government Accountability Office (GAO) and the Inspector
General (IG), similar to bill language proposed by the Senate.
The amended bill also limits obligations to seventy-five
percent of the amount appropriated until receipt of the first
report on progress to improve and modernize efforts to remove
criminal aliens judged deportable from the United States.
Reductions are made to the budget request due to a large
number of vacancies and unobligated balances within certain
offices. Funding shall be allocated as follows:
Immediate Office of the Secretary....................... $2,540,000
Immediate Office of the Deputy Secretary................ 1,122,000
Chief of Staff.......................................... 2,639,000
Office of Counternarcotics Enforcement.................. 2,680,000
Executive Secretary..................................... 4,722,000
Office of Policy........................................ 33,000,000
Office of Public Affairs................................ 6,650,000
Office of Legislative and Intergovernmental Affairs..... 4,900,000
Office of General Counsel............................... 13,500,000
Office of Civil Rights and Liberties.................... 14,200,000
Citizenship and Immigration Services Ombudsman.......... 5,900,000
Privacy Officer......................................... 5,500,000
--------------------------------------------------------
____________________________________________________
Total............................................... $97,353,000
Office of Counternarcotics Enforcement
The Committees on Appropriations provide $2,680,000 for the
Office of Counternarcotics Enforcement, instead of $3,000,000
as proposed by the House and $2,360,000 as proposed by the
Senate. The Office of Counternarcotics Enforcement is directed
to provide a briefing to the Committees on Appropriations on:
(1) fiscal year 2007 achievements, including tracking and
severing connections between illegal drug trafficking and
terrorism; (2) the DHS counternarcotics strategy for the
Southwest, Northern, and maritime borders of the United States
and for the drug transit zone, to include objectives,
coordination, outreach, and resources necessary for each DHS
component to implement the strategy; and (3) Office performance
goals for fiscal year 2008.
Office of Policy
The Committees on Appropriations provide $33,000,000 for
the Office of Policy instead of $32,500,000 as proposed by the
House and $31,310,000 as proposed by the Senate. Within this
amount, funding is provided for the Committee on Foreign
Investments in the United States and REAL ID enhancements, and
for the quadrennial homeland security review. No funding is
provided for REAL ID ``card stock'' or common procurement
items. The Office of Policy is directed to submit an
expenditure plan to the Committees on Appropriations within 45
days from the date of enactment of this Act as detailed in the
Senate report. The Office of Policy is also directed to provide
a briefing to the Committees on Appropriations no later than 45
days after the date of enactment of this Act on plans to comply
with Section 2401 of the 9/11 Act, including staffing and
budget requirements.
Secure Border Coordination Office
No funding is provided for the Secure Border Coordination
Office, consistent with the budget amendment submitted on
November 6, 2007. Oversight of this office is funded within
U.S. Customs and Border Protection (CBP). Both the House and
Senate funded this office at $4,500,000. The Committees on
Appropriations are concerned with the Department's decision to
manage the Secure Border Initiative (SBI) within CBP rather
than establish a Departmental level coordinating office, as
proposed by DHS in fiscal year 2007. A cross-cutting effort
such as the SBI, which spans not only multiple agencies within
DHS, but other cabinet-level Departments and the Judicial
Branch, cannot be effectively coordinated within an operational
agency. These concerns are amplified by the fact that CBP's SBI
program office is also charged with managing the multi-billion
dollar border security fencing, infrastructure, and technology
(BSFIT) program, which demands significant and focused
managerial attention that should not be dually charged with
external coordination of all SBI efforts. DHS is directed to
brief the Committees on Appropriations no later than 120 days
after the date of enactment of this Act on how the SBI effort
is being effectively coordinated across the federal government,
including specific details on how funds appropriated to the
Secure Border Coordination Office in fiscal year 2007 were
obligated and the Department's plans to establish and staff the
Department level Secure Border Coordination Council. It is
essential the Secure Border Coordination Council receive
strong, consistent leadership from the Office of the Secretary.
Office of Public Affairs
The Committees on Appropriations provide $6,650,000 for the
Office of Public Affairs, instead of $6,300,000 as proposed by
the House and $7,400,000 as proposed by the Senate. Within this
amount, $1,500,000 is provided for the ``Ready.gov'' program.
The office is directed to provide a briefing within 60 days
after the date of enactment of this Act on its plans for
expending these funds.
Office of General Counsel
The Committees on Appropriations provide $13,500,000 for
the Office of General Counsel, instead of $14,000,000 as
proposed by the House and $12,759,000 as proposed by the
Senate. This office has a number of critical requirements that
must be fulfilled during the coming year, including those
established in the 9/11 Act and SAFE Port Act. The Committees
on Appropriations understand that the General Counsel is
working on a reorganization whereby the legal staff responsible
for the ongoing work of specific DHS entities will be
transferred to those entities. The Department is directed to
submit a reprogramming to detail fully this proposal. It is
essential that this office improve its performance in providing
accurate and timely guidance on the execution of appropriations
law.
Privacy Officer
The Committees on Appropriations provide $5,500,000 for the
Privacy Office instead of $6,000,000 as proposed by the House
and $5,111,000 as proposed by the Senate. Funding is provided
for additional staffing of this office, given that this office
has wide-ranging critical responsibilities that are currently
understaffed. GAO is directed to evaluate the operation of DHS'
Freedom of Information Act (FOIA) program, its staffing levels,
and the adequacy of its resources to determine if the program
can be operated in a more efficient and cost-effective manner
at the Department. The Senate report requested that the IG
conduct this evaluation, but the Committees on Appropriations
believe a GAO evaluation is more appropriate to allow DHS' FOIA
program to be compared with other executive branch agency FOIA
programs.
Comparative Border Control Resources
The Committees on Appropriations agree with the House
report directing a report on the number, type and location of
DHS facilities, personnel, major assets and technology based or
deployed within 100 miles of the United States border with
Mexico and Canada. This report is to be provided to the
Committees on Appropriations by January 31, 2008. In addition,
the Secretary is directed to conduct a study of law enforcement
radio communications along the international borders of the
United States consistent with the terms and conditions listed
in section 569 of the Senate bill.
2010 Vancouver Games Security
The Committees on Appropriations expect the Department to
effectively manage security risks associated with the 2010
Vancouver Olympic and Paralympic Games, and direct the
Secretary to submit a report as described in section 552 of the
Senate bill to the House and Senate Committees listed in that
section.
Citizenship and Immigration Services Ombudsman
The Committees on Appropriations provide $5,900,000 for the
Citizenship and Immigration Services Ombudsman instead of
$6,060,000 as proposed by the House and $6,054,000 as proposed
by the Senate. This office lapsed over $1,800,000 in fiscal
year 2007, almost one-third of its budget. The Secretary is
directed to ensure that this critical office is given the
priority it deserves so that all appropriated funding can be
effectively obligated in the coming fiscal year.
Office of the Under Secretary for Management
The amended bill provides $150,238,000 instead of
$237,765,000 as proposed by the House and $234,883,000 as
proposed by the Senate. The amended bill does not include the
$245,525,000 in unspecified reductions contained in the House
bill. The amended bill also does not include House bill
language withholding funding for the Departmental headquarters
project on the Saint Elizabeth's campus until the Department
submits certain reports, including detailed expenditure plans
for checkpoint and explosives detection technologies. Instead,
funding is withheld within the Transportation Security
Administration (TSA) until checkpoint support and explosives
detection system expenditure plans, as well as the final
strategic plan for checkpoint technologies, are delivered to
the Committees on Appropriations. Reductions are made to the
budget request due to a large number of vacancies and
unobligated balances within certain offices. Funding shall be
allocated as follows:
Under Secretary for Management.......................... $2,012,000
Office of Security...................................... 53,490,000
Office of the Chief Procurement Officer................. 28,495,000
Office of the Chief Human Capital Officer............... 8,811,000
Human Resources......................................... 10,000,000
MAX-HR.................................................. 0
Office of the Chief Administrative Officer.............. 41,430,000
Nebraska Avenue Complex Facilities...................... 6,000,000
--------------------------------------------------------
____________________________________________________
Total............................................... $150,238,000
Under Secretary for Management
No funding is included in the Under Secretary appropriation
for the Federal Law Enforcement Training Accreditation Board,
as requested in the budget. This activity is funded within the
Federal Law Enforcement Training Center (FLETC) salaries and
expenses account. The Under Secretary is directed to provide an
expenditure plan briefing to the Committees on Appropriations
regarding the Under Secretary for Management's appropriation.
Office of Security
The Committees on Appropriations provide $53,490,000 for
the Office of Security instead of $52,990,000 as proposed by
the House and $53,990,000 as proposed by the Senate. Funding is
provided for fusion center activities as proposed by the
Senate.
Office of the Chief Procurement Officer
The Committees on Appropriations provide $28,495,000 for
the Office of the Chief Procurement Officer (OCPO) as proposed
by the Senate instead of $27,055,000 as proposed by the House.
The Under Secretary is directed to provide a briefing to the
Committees on Appropriations on its use of the hiring authority
provided in PL 109-313 as detailed in the Senate report.
The investment review function, totaling $700,000 and four
full-time equivalents (FTEs), is transferred from the Office of
the Chief Financial Officer (OCFO) to the OCPO as requested
recently by the Department. The OCFO will continue to provide
fiscal analysis to the OCPO regarding budget formulation and
execution for major investments. Given the size, cost, and
complexity of the major procurements across the Department and
the often overlapping and integrated needs of Departmental
agencies, the Investment Review Board (IRB) must exercise
strong leadership in the Department's acquisition process. To
date the effectiveness of the IRB has not been readily apparent
and it is unclear how DHS effectively formulates and executes
acquisition strategies to meet joint mission requirements. The
Chief Procurement Officer is directed to brief the Committees
on Appropriations on how these concerns are being addressed. In
addition the Secretary is directed to report on the authority
of the OCPO and adequacy of staffing as detailed in the Senate
report. No later than 90 days after the Secretary submits the
report to the Committees on Appropriations, GAO shall provide
an assessment of the report.
Office of the Chief Human Capital Officer
The Committees on Appropriations provide $18,811,000 for
the Office of the Chief Human Capital Officer instead of
$13,278,000 as proposed by the House and $13,811,000 as
proposed by the Senate. No funding is provided for MAX-HR or
any follow-on personnel system. Instead, $10,000,000 is
provided to address the Department's dismal results in the 2006
Federal Human Capital Survey. The Department is directed to
ensure that these funds are spent on programs that directly
address the shortcomings identified in this survey or in a
subsequent DHS survey that the Department plans to conduct.
Such programs may include the planned DHS survey, gap analysis
of mission critical occupations, hiring and retention
strategies, robust diversity programs, and Department-wide
education and training initiatives. The Secretary is required
to submit an expenditure plan for these funds prior to
obligation.
Nebraska Avenue Complex Facilities
The Committees on Appropriations provide $6,000,000 for
facilities costs at the Nebraska Avenue Complex (NAC), instead
of $101,000,000 proposed by the House and $94,000,000 as
proposed by the Senate for both the Nebraska Avenue Complex and
the consolidated headquarters project. The Under Secretary is
directed to submit an expenditure plan on the expected uses of
these funds within 30 days after the date of enactment of this
Act. The Committees on Appropriations agree with the House
report directing the Chief Administrative Officer to minimize
investment in the NAC since it will be replaced with a new
headquarters campus. The Department is directed to make only
those investments absolutely necessary to address pressing
operational problems at the NAC. The Department is also
directed to submit NAC reports semiannually, as detailed in the
Senate report, and further directed that these reports reflect
both changes to scheduled projects and activities accomplished.
DHS and the Coast Guard are directed to plan a headquarters
facility that balances growth and cost as detailed in the House
report. DHS is also directed to provide quarterly briefings to
the Committees on Appropriations on the headquarters project as
detailed in the Senate report.
Office of the Chief Financial Officer
The amended bill provides $31,300,000 instead of
$30,500,000 as proposed by the House and $30,076,000 as
proposed by the Senate. The Committees on Appropriations expect
the Secretary and Under Secretary for Management to correct
problems related to the lack of timely information from the
Department as directed in the House report. The Committees on
Appropriations agree with the House report regarding the small
benefit that has been derived from the appropriations liaison
function. The Committees on Appropriations direct the Chief
Financial Officer to ensure that communications from CFO
employees to the Committees are timely, accurate and thorough.
Funding for the Resource Management Transformation Office is
provided as proposed by the House instead of through
unobligated e-Merge 2 balances as proposed by the Senate. The
CFO is directed to provide the Committees on Appropriations a
briefing on the detail of past representation fund expenditures
throughout the Department.
Annual Appropriations Justifications
The CFO is directed to submit all of its fiscal year 2009
budget justifications (classified and unclassified) concurrent
with the submission of the President's budget request and at
the level of detail specified in the House and Senate reports.
In addition, the annual appropriations justifications should
include explicit information by appropriations account,
program, project, and activity on all reimbursable agreements
and uses of the Economy Act exceeding $50,000; a listing of
overdue Committee reports; and a detailed table identifying the
last year authorizing legislation was provided by Congress for
each appropriation account, the amount of the authorization,
and the appropriation in the last year of the authorization.
Reprogramming Requirements
The amended bill continues and modifies a provision
regarding reprogramming of funds. The following have been added
to the Department's reprogramming requirements: creation of a
new program, project or activity; elimination of an office;
and, contracting out any function or activity for which funds
were requested for Federal employees.
Contract and Grant Notification Requirements
The amended bill continues and modifies a provision
regarding contract and grant notification requirements.
Information within the notification shall include amount of the
award, fiscal year in which the funds were appropriated, and
account from which the funds were drawn.
Office of the Chief Information Officer
The amended bill provides $295,200,000 for the Office of
the Chief Information Officer (CIO) instead of $258,621,000 as
proposed by the House and $321,100,000 as proposed by the
Senate. Funding shall be allocated as follows:
Salaries and Expenses................................... $81,000,000
Information Technology (IT) Activities.................. 56,200,000
Security Activities..................................... 124,900,000
Homeland Secure Data Network............................ 33,100,000
--------------------------------------------------------
____________________________________________________
Total............................................... 295,200,000
CIO-Led Information Technology Acquisitions
The amended bill continues an existing requirement that the
CIO report on all IT acquisitions financed directly or managed
by the CIO.
Information Technology Security
The CIO is directed to brief the Committees on
Appropriations on plans for improving IT security, and plans to
improve compliance with the Federal Information Security
Management Act scorecard, as proposed by the Senate.
Coordination of Information Technology Investments
The Committees on Appropriations note that the CIO now
exercises significant authority to review and oversee the
Department's major IT investments, and direct the CIO to
provide a briefing on the process in place to review these
procurements, including a listing of all IT investments it
plans to review in fiscal year 2008. For each procurement to be
reviewed, the briefing should include associated project
information such as: the complete budget (including all funding
sources), the timelines for development and implementation, and
annual and lifecycle costs. Within this briefing, the CIO is
also directed to discuss the steps taken to implement the key
practices recommended in the Government Accountability Office
IT Investment Management Framework.
Integrated Wireless Network
The Committees on Appropriations direct the CIO to limit
involvement with the Integrated Wireless Program to only those
activities it carries out with other similar agency-managed
acquisition projects.
Data Centers
The Committees on Appropriations provide $72,300,000 within
security activities for data center development, an increase of
$35,500,000 from the budget request level. The additional funds
are to be used for construction at the National Center for
Critical Information Processing and Storage (NCCIPS) for build
out costs to expand data storage capabilities, in accordance
with the existing agreement to provide 100,000 square feet of
data center space.
The Congress has provided significant resources in this and
previous appropriations bills for the consolidation of DHS data
centers, both to improve operational efficiency and promote a
standardized IT architecture at DHS. It is therefore
disappointing to discover that the U.S. Secret Service data
center will not be consolidated with other DHS operations, even
though other Secret Service projects require the agency to
relocate its IT equipment and staff. The Committees on
Appropriations direct the CIO to review the location and future
plans for every data center operated and managed by DHS
agencies and components, and ensure that all future data center
relocation projects are first considered for consolidation. The
Department is directed to implement its data center
consolidation plan in a manner consistent with section 888 of
Public Law 107-296, as proposed by the Senate.
Enterprise Architecture
The CIO is directed to provide the Committees on
Appropriations with a briefing on efforts planned and underway
to make the Department's enterprise architecture comport with
GAO-recommended reforms.
Analysis and Operations
(INCLUDING RESCISSION OF FUNDS)
The amended bill provides $306,000,000 for Analysis and
Operations as proposed by the Senate and instead of
$301,619,000 as proposed by the House. Funding shall be
allocated as discussed in the classified annex to this
explanatory statement.
National Immigration Information Sharing Operation and National
Applications Office
The amended bill includes a statutory restriction on the
obligation of funds for operation of either the National
Immigration Information Sharing Operation or the National
Applications Office until the Secretary certifies these
programs comply with all existing laws, including all
applicable privacy and civil liberties standards, with the
certification reviewed by the Government Accountability Office.
Further, the Under Secretary for Intelligence and Analysis is
required to submit the Standard Operating Procedure documents
for these programs to the Committees on Appropriations no later
than 60 days after the enactment of this Act.
Intelligence and Analysis Expenditure Plan
The Under Secretary for Intelligence and Analysis is
directed to provide the Committees on Appropriations an
expenditure plan for the Office of Intelligence and Analysis,
as proposed by the Senate. That report is to include an
analysis of all new requirements enacted in the 9/11 Act, as
well as the estimated costs and available resources to
implement those requirements in fiscal year 2008 and subsequent
fiscal years.
State and Local Fusion Centers
The Committees on Appropriations provide the Senate level
of funding for State and local fusion centers, instead of
doubling the requested amount as proposed by the House.
National Operations Center
The Committees on Appropriations do not require information
about the relocation of the National Operations Center (NOC),
since the reprogramming proposal to affect such a move was
denied by the House. The amended bill rescinds $8,700,000 in
unobligated balances from prior-year appropriations made for
Analysis and Operations, which is an amount equal to the levels
that had been proposed for reallocation to fund the NOC move.
The Committees on Appropriations encourage rotation of State
and local fire service representation at the National
Operations Center, as proposed by the Senate.
Office of the Federal Coordinator for Gulf Coast Rebuilding
The amended bill provides $2,700,000 for the Office of the
Federal Coordinator for Gulf Coast Rebuilding (OFCGC) instead
of $3,000,000 as proposed by both the House and Senate. Funding
is reduced because the OFCGC lapsed $683,079 at the end of
fiscal year 2007. Within the funding provided, $1,000,000 is
unavailable for obligation until the Committees on
Appropriations receive an expenditure plan for fiscal year 2008
as detailed in the Senate report. The Department is directed to
use the reprogramming authority contained in this Act if the
office needs additional funding.
OFCGC is directed to provide quarterly briefings outlining
progress, factors delaying progress, and goals for rebuilding
in the Gulf Coast. The Committees on Appropriations are aware
that the OFCGC is working with the Department of Housing and
Urban Development (HUD) and the Federal Emergency Management
Agency (FEMA) on the Disaster Housing Assistance Program. The
Committees on Appropriations expect the program will lead to
permanent housing solutions for those remaining in trailers and
hotels, and receiving rental assistance. OFCGC is expected to
continue to work with HUD and FEMA and focus on all HUD
programs including Section 202, Section 811, and rental
assistance.
Office of Inspector General
The amended bill provides $92,711,000 for the Office of
Inspector General (IG) instead of $99,611,000 as proposed by
the House and $95,211,000 as proposed by the Senate. Included
in this funding is $1,200,000 to conduct U.S. Customs and
Border Protection revenue oversight.
Disaster Relief Funding
In addition to the funding provided above, $16,000,000 is
available for transfer from the Disaster Relief Fund instead of
$13,500,000 as proposed by the Senate. The House proposed no
such transfer. These funds are for audits and investigations
related to disasters, including uses of the Disaster Relief
Fund. The IG is required to notify the Committees on
Appropriations no less than 15 days prior to any transfer from
the Disaster Relief Fund.
Formaldehyde
The IG is directed to investigate the Federal Emergency
Management Agency's (FEMA) policies and processes regarding
formaldehyde in trailers purchased by the agency to house
disaster victims. The IG shall investigate the process used by
FEMA to collect and respond to health and safety concerns of
trailer occupants; whether FEMA adequately notified occupants
of potential health and safety concerns; and whether FEMA has
proper controls and processes in place to deal with health and
safety concerns of those living in trailers following
disasters. The IG is to report its findings to the Committees
on Appropriations, including any recommendations.
Cosco Busan Oil Spill
The IG is directed to investigate Coast Guard's role in the
M/V Cosco Busan oil spill in San Francisco Bay on November 7,
2007, including the difficulties faced when ships transit ports
in heavy fog; proper standard operating procedures
watchstanders at the vessel traffic services San Francisco
control center should follow when observing a ship to be on a
course that may lead to a collision or allision; whether the
Unified Command effectively managed the resources available to
Coast Guard related to containment and remediation of the
spill; whether the rapid response plan for the treatment of
marine resources, wildlife and fisheries required by the Oil
Pollution Act of 1990 was followed and was adequate to guide
this aspect of the response; and whether the Area Response Plan
contains provisions adequate to guide the response to a spill
of the type encountered in this allision, and whether these
provisions were followed during the response to this incident.
The investigation should specifically address unacceptable
delays in the reporting of information to local authorities the
day of the incident, the impact of those delays on the response
and the adequacy of Coast Guard's initial investigation of the
allision. In addition, the investigation should review Coast
Guard's existing emergency response capabilities in San
Francisco Bay and make recommendations regarding needed
improvements and should include whether recent reorganizations
at Coast Guard contributed to any response delays. The
conferees direct the IG to submit a report no later than April
1, 2008, setting forth the conclusions of this investigation.
Pre-Packaged News
The 2007 Continuing Resolution continued the government-
wide provision prohibiting an executive branch agency from
producing any prepackaged news story intended for broadcast or
distribution in the United States, unless the prepackaged news
story contains clear notification that the story was produced
and funded by the Federal government. Given the recent
revelation of a staged press conference in FEMA, the Inspector
General is directed to audit DHS' compliance with this
provision.
Secure Flight
The Committees on Appropriations are concerned that, even
with the Secure Flight program, the Transportation Security
Administration plans to continue to screen passenger names
against only a subset of the full terrorist watch list.
Therefore, the IG is directed to report on the vulnerabilities
that exist to our aviation system if the Secure Flight program
does not screen against the full terrorism watch list.
Audit Reports
The amended bill requires the IG to withhold from public
release for seven days any reports requested by the House and
Senate Committees on Appropriations. This is a reduction from
the previous years' requirement of 15 days.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
The amended bill provides $6,802,560,000 for Salaries and
Expenses, instead of $6,629,733,000 as proposed by the House
and $6,601,058,000 as proposed by the Senate. Of this amount,
$323,000,000 is designated as emergency.
The Committees on Appropriations provide $3,075,232,000 for
border security between ports of entry, including funds to
support an additional 3,000 Border Patrol Agents, $13,000,000
for additional Border Patrol vehicles, and $75,000,000, 50
percent above the request, to expand the detention
transportation contract. The Committees on Appropriations agree
U.S. Customs and Border Protection (CBP) should support efforts
to eliminate smuggler lookout posts along the Southwest Border,
but they do not designate specific resources for this purpose,
as proposed by the House.
The Committees on Appropriations provide $1,221,341,000 for
Management and Administration, reflecting a realignment of
$10,048,000 in information technology costs to the Salaries and
Expenses appropriation for U.S. Immigration and Customs
Enforcement, a reduction of $10,000,000 for management
efficiency, and the impact of fiscal year 2007 reprogramming
actions.
The Committees on Appropriations provide $2,279,247,000 for
border security inspections and trade facilitation, including
$1,854,235,000 for Inspections, Border Security Inspections,
and Travel Facilitation at Ports of Entry. Within the latter
category is also included an additional $13,000,000 for the
competitive procurement of commercially available technology to
support the Secure Freight Initiative and the proposed Global
Trade Exchange, authorized by the 9/11 Act; $22,000,000 for an
additional 200 CBP Officers to comply with Section 403 of the
SAFE Port Act and $575,000 for eight additional positions for
enhanced duty collection; $6,750,000 for 50 additional supply
chain specialists for the Customs-Trade Partnership Against
Terrorism (C-TPAT) program, as authorized by section 222 of the
SAFE Port Act; $225,000,000 for the Western Hemisphere Travel
Initiative (WHTI), of which $100,000 is to promote information
and exchange on use of best practices and technology with
friendly nations as authorized by section 879 of Public Law
107-296; and $50,000,000 to enable CBP to implement section 535
of this Division establishing Law Enforcement Officer status
for new and currently serving CBP Officers beginning July 1,
2008.
Within Border Security Inspections and Trade Facilitation
is included $40,000,000 for Model Ports of Entry and 200
additional CBP Officers at the top 20 U.S. international
airports pursuant to the 9/11 Act; $45,000,000 for a terrorism
prevention system enhancement for passenger screening; and
$36,000,000 for electronic travel authorization for the visa
waiver program, including 24 additional program management
positions.
The Committees on Appropriations provide $226,740,000 for
personnel compensation and benefits for the CBP Air and Marine
programs, including $14,000,000 for 82 positions to support
establishment of 11 new marine enforcement units.
The following table specifies funding by budget program,
project, and activity:
Headquarters, Management, and Administration:
Management and Administration, Border Security
Inspections and Trade Facilitation.................. $619,325,000
Management and Administration, Border Security and
Control between Ports of Entry...................... 602,016,000
--------------------------------------------------------
____________________________________________________
Subtotal, Headquarters Management and Administration 1,221,341,000
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports
of Entry............................................ 1,854,235,000
Container Security Initiative........................... 156,130,000
Harbor Maintenance Fee Collection (Trust Fund).......... 3,093,000
Other international programs............................ 10,866,000
Customs Trade Partnership Against Terrorism (C-TPAT).... 62,310,000
Free and Secure Trade (FAST)/NEXUS/SENTRI............... 11,243,000
Inspection and Detection Technology Investments......... 105,027,000
Automated Targeting Systems............................. 27,580,000
National Targeting Center............................... 23,950,000
Training................................................ 24,813,000
--------------------------------------------------------
____________________________________________________
Subtotal, Border Security Inspections and Trade
Facilitation...................................... 2,279,247,000
Border Security and Control between Ports of Entry:
Border Security and Control......................... 3,022,443,000
Training................................................ 52,789,000
--------------------------------------------------------
____________________________________________________
Subtotal, Border Security and Control between POEs.. 3,075,232,000
Air and Marine Personnel Compensation and Benefits...... 226,740,000
--------------------------------------------------------
____________________________________________________
Total, Salaries and Expenses........................ 6,802,560,000
Workload and Staffing
CBP has developed a Workload Staffing Model (WSM) to
generate estimates of staffing needed to meet workload and
mission requirements, under unconstrained or constrained budget
assumptions. In its letters and briefings to the Committees on
Appropriations, CBP has satisfied the requirements to submit a
Resource Allocation Model, as directed in House Report 110-181.
Initial WSM applications include assessing staffing needs
at airports and seaports based on passenger and cruise ship
volumes, as well as assisting in allocation of newly funded CBP
positions. The Committees on Appropriations expect the WSM to
improve allocation of staffing resources to reduce airport and
land port wait times, and to enhance performance in meeting
customs revenue collection responsibilities as recommended by
the Government Accountability Office (GAO-07-529). CBP is
directed to brief the Committees on Appropriations not later
than January 31, 2008, on how it is using WSM to achieve these
goals.
Western Hemisphere Travel Initiative
The bill amends section 7209(b)(1) of the Intelligence
Reform Act, setting a date for WHTI implementation at all ports
of entry of either June 1, 2009, or when the Secretary and
Secretary of State have certified compliance with Section B of
that Act, whichever is later.
The Committees on Appropriations provide $225,000,000 for
WHTI; of which $202,816,000 is available for two years for
software development, equipment, contract services, and
implementation of inbound lanes and modification to vehicle
primary lanes. Of these funds, $75,000,000 will be unavailable
for obligation until the Committees on Appropriations receive a
report, not less than 120 days after enactment of this Act, on
preliminary results of federal and State pilot programs to
implement WHTI procedures at ports of entry. The report should
include: (1) infrastructure and staffing required, with
associated costs, by port of entry; (2) updated timetable
milestones; (3) information on how requirements of Section
7209(b)(1)(B) of the Intelligence Reform Act, as amended, have
been satisfied; (4) confirmation that a vicinity-read radio
frequency identification card has been adequately tested to
ensure operational success; and (5) a description of steps
taken to ensure the integrity of privacy safeguards.
Model Ports of Entry
The Committees on Appropriations have provided $40,000,000
for the Model Ports of Entry program authorized in Section 725
of the 9/11 Act, as proposed by the Senate. This includes the
resources necessary to hire at least 200 additional CBP
officers at the 20 U.S. international airports with the highest
number of foreign visitors arriving annually as determined by
the most recent CBP data. The purpose of this program is to
provide an international arrival process that better
facilitates and promotes business and leisure travel to the
U.S., while also improving security.
Commercial Operations and Revenue Collection Positions
The Committees on Appropriations have included $22,575,000
as proposed by the House and Senate for enhanced commercial
inspection and duty collection, and direct CBP to brief the
Committees on Appropriations semi-annually beginning 30 days
after enactment of this Act on progress in hiring for Customs
revenue positions. Such briefings may be combined with other
briefings to the Committees on CBP hiring progress.
In-bond Cargo and Container Security
CBP is directed to provide the information on its in-bond
cargo and container security programs, as directed by the
House, in the form of a briefing to the Committees on
Appropriations.
The Committees on Appropriations direct CBP to submit the
report on southern border supply chain security required by
Title VII of the Senate bill.
Automated Targeting System--Passengers
The Committees on Appropriations are aware CBP has agreed
to take actions to address gaps or management weaknesses
associated with its administration of the Automated Targeting
System--Passengers, as recommended by the DHS Inspector General
(OIG-08-06), and direct CBP to brief the Committees on
Appropriations on progress in implementing those corrective
actions.
Northern Border Staffing
The Committees on Appropriations strongly support the
legislative requirements contained in the USA PATRIOT Act
(Public Law 107-56), section 402 of the Trade Act of 2002
(Public Law 107-210), and the Intelligence Reform Act regarding
increasing the number of Border Patrol agents and CBP Officers
on the Northern Border. The Committees on Appropriations note
threat information continues to point to Northern Border
vulnerabilities. As highlighted in House and Senate reports
accompanying this bill, the Committees on Appropriations expect
CBP to make every effort to achieve these targets and direct
that CBP quarterly hiring briefings continue to include data on
progress being made in this regard.
Fleet Vehicle Management
The Committees on Appropriations note the receipt of the
updated, five-year Vehicle Fleet Management Plan. The
Committees on Appropriations expect future budget requests will
reflect the needs identified in this plan, and direct CBP to
inform the Committees on Appropriations of any deviations from
the plan.
Immigration Advisory Program
The Committees on Appropriations direct CBP to include a
report on the operations and performance of its Immigration
Advisory Program in its fiscal year 2009 budget submission, and
to notify the Committees on Appropriations whenever it expands
the program to a new international location.
INTERPOL Lost and Stolen Travel Document Database
The Committees on Appropriations support the decision by
the Department to use the International Criminal Police
Organization (INTERPOL) database as it screens foreign
travelers to the United States and request a briefing on the
status of this activity.
Law Enforcement Officer Status for CBP Officers
The Committees on Appropriations include $50,000,000, as
proposed by the House, to fund the implementation of new
section 535, which will convert CBP Officers to Law Enforcement
Officer status, and fund the fiscal year 2008 costs of
retirement and compensation adjustments required of CBP
beginning July 1, 2008.
This change in status will aid in retention of experienced
CBP Officers and recruitment of new Officers needed to help CBP
meet its expanding inspection, enforcement, and regulatory
workload. It will also align compensation and benefits of these
Officers with the law enforcement character of their work. The
Committees on Appropriations recognize such conversion will
require additional agency funding in fiscal year 2009, and
request the Department and OMB to include adequate resources
for this purpose in the fiscal year 2009 budget submission.
International Registered Traveler and Related Screening Programs
The Committees on Appropriations include a new general
provision authorizing the International Registered Traveler
(IRT) Program. The IRT program, funded by fees, will
incorporate available technologies in coordination with US-
VISIT and other pre-screening initiatives of the Department.
The Committees on Appropriations also provide $45,000,000
to develop system infrastructure needed to support a real-time
capability to process advanced passenger information for air
travelers intending to fly to the United States, as well as
$36,000,000 to implement the electronic travel authorization
program for visa waiver countries. The Secretary and CBP are
directed to report on the DHS plans, staffing, and funding
needed to realize these programs, including establishing the
IRT program at U.S. airports with the highest volume of
international passenger traffic.
National Guard and Border Security
The Committees on Appropriations recognize Public Law 110-
116 funds Operation Jump Start through June, 2008, thus
obviating the requirement for a briefing as proposed by the
Senate on National Guard reductions in force.
Border Tunnel Remediation
The Committees on Appropriations direct the Department to:
comply with language contained in Senate Report 110-84
requiring the Department to brief Congress semiannually on
border tunnel remediation; include the House Committees on
Appropriations, the Judiciary, and Homeland Security among
those to be briefed; and provide the first briefing within four
months of enactment of this Act.
Trafficking of Illicit Goods from Mexico
The Committees on Appropriations acknowledge the serious
law enforcement challenges posed by the manufacture and
distribution of methamphetamine, the trafficking of
unauthorized assault weapons, and the increased violence of
drug gangs as noted in Senate Report 110-84. With the recent
announcement of the ``Merida Initiative'' between the United
States and Mexico, the Committees on Appropriations request a
briefing on the issues raised in the Senate report.
Anti-Dumping Enforcement
The Committees on Appropriations have ensured that, within
the amounts provided for in this account, there will be
sufficient funds to administer the ongoing requirements of
section 754 of the Tariff Act of 1930, also known as the
Continued Dumping and Subsidy Offset Act (CDSOA) (19 U.S.C.
1675c), referenced in subtitle F of title VII of the Deficit
Reduction Act of 2005 (Public Law 109-171; 120 Stat. 154).
The Committees on Appropriations direct CBP to continue to
work with all relevant U.S. departments and agencies to
increase duty collections, and to provide an annual report,
within 30 days of each year's distributions under CDSOA, which
summarizes CBP's efforts to collect past due amounts and
increase current and future collections.
The Committees on Appropriations direct CBP in these annual
reports to break out the non-collected amounts for each of the
fiscal years 2004, 2005, 2006, and 2007, by order, country, and
claimant, along with a description of each of the specific
reasons for the non-collection with respect to each order.
Further, CBP is once again directed to provide the amounts of
antidumping (AD) and countervailing duties (CVD) held by CBP in
its Clearing Account for unliquidated entries as of October 1,
2006 (and, now, as of October 1, 2007), segregated by case
number and Department of Commerce period of review. In that
same report, CBP should explain, with particularity, what other
enforcement actions it is taking to collect unpaid duties owed
the U.S. Government. CBP is also directed in these annual
reports, beginning in 2008 and thereafter, to indicate which
liquidated entries resulted in CDSOA vs. non-CDSOA
distributions.
The Committees on Appropriations also direct GAO to
undertake a thorough investigation of the problem of non-
collection of AD/CVD by the U.S. Government. As described in
Senate Report 110-84, GAO must report when the problem was
first detected; determine the extent of non-collection of AD/
CVD duties, by year, since discovery of the problem (or at
least the year 2001), and examine how recommendations advanced
by either GAO or the U.S. Government would address the problem.
The report should be submitted to the Committees on
Appropriations by June 30, 2008.
Part-Time and Temporary Positions
The Committees on Appropriations are aware CBP has ended
the practice of funding part-time and temporary positions at
international air and seaports, such as at Honolulu, Hawaii.
Therefore the Committees on Appropriations negate the language
on this issue contained in Senate Report 110-84.
CBP Industry Training Programs
The Committees on Appropriations expect CBP Officers,
Import Commodity Specialists and other professional staff to
have the appropriate training, to include continuing active
participation in cooperative efforts such as the joint Steel
Industry Training Program, to administer U.S. customs laws. The
Committees on Appropriations believe CBP personnel require a
detailed knowledge of industry and technology to ensure that
commodities cleared to enter U.S. commerce comply with U.S. law
and adhere to import safety requirements with regard to
manufactured products, including steel.
Invasive Species
The Committees on Appropriations understand there are
several invasive plant species that negatively affect the
operations of the Border Patrol and support efforts of the
Department to provide better tools to control these species.
The Committees on Appropriations direct the Secretary to
develop and submit a plan, consistent with the terms and
conditions listed in section 538 of the Senate bill, which
shall specifically address the following species: Arundo donax
(Carrizo cane); Tamarix ramosissima (salt cedar); and Elaeagnus
angustifolia (Russian olive). Funding to implement this plan
should come from within this account, rather than the Border
Security, Fencing, Infrastructure, and Technology (BSFIT)
account, as proposed by the House.
Food and Agricultural Import Training and Inspections
The Committees on Appropriations are concerned CBP officers
require the highest level of training to ensure the safety of
the Nation's food supply, and direct the Commissioner to report
to the Committees on Appropriations on the training CBP
officers receive to effectively assist the Food and Drug
Administration in monitoring our Nation's food supply.
The Committees on Appropriations also note that not all
ports of entry have equipment necessary for agriculture
inspections, and direct CBP to brief the Committees on
Appropriations on what equipment, such as microscopes, is
available at each port; the age of existing equipment; and the
timeline for procuring and deploying replacement or new
equipment.
Crane-Mounted Detection Technology
The Committees on Appropriations are aware of technology
being developed for the detection of nuclear or radiological
materials that can be attached to or integrated onto crane
spreaders used to lift and move containerized cargo at sea
ports. To explore the potential of this technology to be
implemented rapidly, and assess its value as an efficient and
real-time complement to radiation portal monitors, the
Committees on Appropriations include $2,000,000 to permit CBP,
in cooperation with relevant port authorities, to test
competitively this technology in an operational seaport
environment.
AUTOMATION MODERNIZATION
The Committees on Appropriations agree to provide
$476,609,000 as proposed by both the House and the Senate. This
amount includes $316,969,000 for the Automated Commercial
Environment (ACE), of which $16,000,000 is for the
International Trade Data System (ITDS); and $159,640,000 for
Current Operations Protection and Processing Support.
ACE Program Oversight
The Committees on Appropriations are aware of CBP progress
in managing the complex acquisition and integration efforts
needed to implement ACE, and have determined a formal
Government Accountability Office review of ACE expenditure
plans is no longer necessary. However, the Committees on
Appropriations retain the language requiring submission of an
expenditure plan, and have made $216,969,000 unavailable for
obligation until 30 days after such plan has been submitted to
the Committees on Appropriations. In addition, the Committees
on Appropriations direct CBP to continue to submit quarterly
reports on ACE implementation progress, and to improve the
timeliness of such submissions.
Treasury Enforcement Communications System (TECS) Modernization Program
The Committees on Appropriations are aware of the
importance of the TECS Modernization Program. TECS is a key
border enforcement system for DHS and plays an essential role
in the screening of travelers entering the U.S. Therefore, CBP
is directed to submit the report on the TECS Modernization
Program as requested in Senate Report 110-84 in lieu of the
request for notification in House Report 110-181.
ACE Quarterly Reports
The Committees on Appropriations concur with language in
Senate Report 110-84 regarding late delivery of these reports,
which contain factual, aggregate data on the progress being
made with ACE, and direct the Department to deliver them to the
Committees on Appropriations as expeditiously as possible.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
The amended bill provides $1,225,000,000 for the Border
Security Fencing, Infrastructure, and Technology (BSFIT)
account, instead of $1,089,125,000 as proposed by the House and
$1,000,000,000 as proposed by the Senate, of which
$1,053,000,000 is designated as emergency funding. Funds are
available until expended. Within the total provided,
$64,000,000 is for program management, $73,000,000 is for
operations and maintenance, and $1,088,000,000 is for
development and deployment of systems and technology. The
Committees on Appropriations do not provide $5,000,000 within
this account to remove invasive cover vegetation as proposed by
the House, but expect such efforts will be conducted with
funding in the Salaries and Expenses account.
The Secretary is directed to submit, within 90 days after
enactment of this Act, an expenditure plan for continued
implementation of a security barrier along the land borders of
the United States to the Committees on Appropriations, as
specified in bill language. The Committees on Appropriations
withhold $650,000,000 until the expenditure plan is received
and approved. The Committees on Appropriations direct the
Department to include a description of the methodology used to
develop all program and lifecycle costs included in the plan.
Under the Office of the Secretary and Executive Management
heading, the Committees on Appropriations note the change in
direction proposed by the Department to delay establishment of
the Secure Border Coordination Council and to fund coordination
of Secure Border Initiative (SBI) efforts from within BSFIT
using funds provided to CBP's SBI Program Office. The
Committees on Appropriations understand these funds will be
used in fiscal year 2008 to coordinate SBI efforts across DHS
as well as the U.S. Government.
Border Security Requirements
As evidenced by the significant increases in border
security funding in this bill, the Committees on Appropriations
support the goal of obtaining operational control of the
nation's borders and coastlines. Specifically, the Committees
on Appropriations have included funding to hire additional
Border Patrol agents; install vehicle barriers, ground-based
radar and cameras; and procure unmanned aerial systems. CBP is
directed to include in the quarterly SBI reports the
information required in Section 546 of the Senate-passed bill.
Reporting on Major Task Order Awards
Bill language is included, as proposed by the House,
requiring a report to the Committees on Appropriations for any
task order in excess of $100,000,000, or task orders that would
cause the cumulative level of task orders awarded to exceed
$650,000,000 (fifty percent of the annual appropriation).
Encouragement of Best Procurement Practices
Within the total appropriated in the BSFIT account, up to
$2,000,000 shall be used to reimburse the Defense Acquisition
University for reviewing whether DHS is employing best
procurement practices in implementing its Secure Border
Initiative network (SBInet) and other contracts under BSFIT.
Northern Border Security
The Committees on Appropriations direct the CBP SBI Program
Office to brief the Committees on how the Department will use
fiscal year 2008 and prior year funding for Northern Border
security investments, and to provide a revised SBInet
investment strategy that addresses the Northern Border. In
addition, the Committees on Appropriations are aware of the
climatic and topographical challenges associated with securing
the Northern Border and encourage CBP to examine the testing
and demonstration of advanced intrusion detection sensor
networks conducted by the Department of Defense for use in such
environments.
Project 28
The Committees on Appropriations note CBP's conditional
acceptance of the Project 28 prototype. However, the Committees
remain concerned about the impact of a five month delay of this
acceptance on the larger SBInet system and CBP's plan to secure
the Southwest Border by 2011. The Committees recognize the
strict oversight of the Project 28 contract by the CBP SBI
Program Office, expect such accountability to be sustained, and
thus direct CBP to continue to keep the Committees on
Appropriations informed on the resolution of conditional items
and how the findings from Project 28 will be applied towards
the establishment of the SBInet baseline and the first
iteration of a common operating picture for the Border Patrol.
Fencing Cost Study
The Committees on Appropriations direct the Government
Accountability Office to conduct a study examining the costs of
constructing fencing along the southern border of the United
States in accordance with section 560 of the Senate bill.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
The amended bill provides $570,047,000 for Air and Marine
Interdiction, Operations, Maintenance, and Procurement, instead
of $477,287,000 as proposed by the House and $488,947,000 as
proposed by the Senate, of which $94,000,000 is designated as
emergency funding. This includes $353,614,000 for operations
and maintenance, instead of $353,954,000 as proposed by the
House and $365,614,000 as proposed by the Senate, to reflect a
downward adjustment of $5,000,000 due to a fiscal year 2007
reprogramming of the Salaries and Expenses account, and
inclusion of $4,120,000 for enhanced operations and support for
existing unmanned aerial systems (UAS) and $540,000 for 11
additional marine enforcement units. Within the total funding
is $216,433,000 for procurement, including: $52,400,000 for
planned helicopter procurement or upgrades; $10,600,000 for
recurring costs for existing unmanned aerial systems;
$6,700,000 for recurring sensor system costs; $4,600,000 to
upgrade radars and sensors; $12,000,000 for equipment and
facilities for 11 new marine enforcement units; and $82,000,000
for new and replacement aircraft for CBP Air and Marine border
security missions. Given the enhanced funding for this account
above the House and Senate levels, the Committees on
Appropriations direct CBP to submit a revised air and marine
expenditure plan, with reference to the strategic
recapitalization plan, not later than 90 days after enactment
of this Act. The Committees on Appropriations also direct the
Commissioner to certify any proposed use of these funds for new
UAS procurement as reflecting the priorities of the CBP Air and
Marine Recapitalization and Modernization Plan and the most
cost effective use of such funding.
[Clerk's note: Due to a clerical error, 7\1/2\ paragraphs
of text (and the accompanying heads) were inadvertently omitted
from the Explanatory Statement as printed in the December 17
Congressional Record, although this material was correctly
included in the Statement as posted on the House Rules
Committee website. The material omitted from the Record is
included in this print. It begins with the heading immediately
below, ``Northern Border Air Branches'' and continues through
the phrase `` `Automation Modernization' '' in the third
sentence under the heading ``U.S. Immigration and Customs
Enforcement_salaries and expenses''.]
Northern Border Air Branches
The Committees on Appropriations direct CBP to brief the
Committees on Appropriations on the performance of the Northern
Border Air Branches and the schedule for their completion.
Multi-Role Patrol Aircraft
The Committees on Appropriations are concerned with the
shortfall of CBP multi-role patrol aircraft (MPA) resources,
exacerbated by the recent decision of a key contractor to stop
MPA production and the need to sustain an aging P-3 fleet. CBP
is directed to brief the Committees on Appropriations on: steps
it is taking to mitigate MPA capability gaps; options for MPA
procurement; long-term options for the P-3 fleet; and how CBP
is working with the DHS investment review board and the Coast
Guard to identify joint mission requirements and acquisition
strategies to address the Department's mid- and long-range
maritime surveillance missions. The Committees on
Appropriations expect CBP to explain any revisions to its air
strategic plan due to changes in the MPA cost and procurement
schedule at this briefing and in its fiscal year 2009 budget
justification.
Unmanned Aerial Systems
The Committees on Appropriations provide $14,720,000 for
the operation and maintenance of Unmanned Aerial Systems (UAS).
The Committees on Appropriations support implementation of UAS
through the CBP Air and Marine recapitalization and
modernization program, but remain concerned that DHS should
develop a UAS concept of operations for civil airspace as well
as the maritime domain. Furthermore, the Committees on
Appropriations believe DHS must weigh UAS' potential to
significantly enhance DHS intelligence, surveillance, and
reconnaissance capabilities against investments in proven,
manned aviation assets.
The Committees on Appropriations direct CBP and DHS to
brief the Committees on Appropriations on how CBP's UAS mission
is coordinated with other Department and other U.S. government
UAS programs, including: details on inter-agency and
interdepartmental efforts to establish a concept of operations
in civil airspace; joint mission requirements for maritime
applications; and coordinated acquisition strategies. In
addition, the Committees on Appropriations direct CBP to work
with the Federal Aviation Administration (FAA), as directed in
House Report 110-181, to test the safety of UAS devices to
determine the risk of mid-air collisions with manned aircraft
and evaluate the appropriateness of an FAA exemption for small
scale UAS technology.
Wireless Access Surveillance Platform
The Committees on Appropriations are aware that municipal
and other general aviation airports often lack technology or
staffing to track aircraft that land and arrive there, leaving
a vulnerability to smuggling or illegal transit across the U.S.
border. The Committees understand CBP Air and Marine is
currently testing the Wireless Access Surveillance Platform
(WASP) to close the gap in existing radar and other
surveillance assets at unmanned and untowered airports, to
enable them to focus on flights of interest. One critical
benefit would be to permit CBP to better distinguish between
legal domestic traffic and concentrate on cross-border traffic.
The Committees on Appropriations provide up to $6,000,000 to
install the WASP system at at-risk border state airports.
CONSTRUCTION
The amended bill provides $348,363,000 for Construction,
instead of $249,663,000 as proposed by the House and
$274,863,000 as proposed by the Senate, of which $61,000,000 is
designated as emergency spending. This includes at least
$100,000,000 solely for Border Patrol construction and
$30,000,000 for repair and renovation of air and marine
facilities, and $39,700,000 for construction activities under
Phase IV of the Advanced Training Center Master Plan. The
Committees on Appropriations do not reduce Headquarters
Management, Salaries and Expenses by $5,000,000, nor do they
agree to an unspecified reduction of$15,000,000 of this
account, as recommended by the Senate. As the Committees on
Appropriations include more funding than proposed in either the
House or Senate bills, they direct CBP to submit a revised
construction expenditure plan to the Committees on
Appropriations not later than 90 days after enactment of this
Act. The Committees on Appropriations direct that none of the
funds provided under this heading shall be used for port of
entry construction and encourage consideration of the air and
marine facilities requirements of the Marfa sector for
inclusion in this plan.
Port of Entry Modernization
The Committees on Appropriations are alarmed at the
condition of the Nation's ports of entry, and the adverse
impact of crumbling infrastructure and obsolete design on the
combined missions of securing our borders while maximizing the
flow of legitimate commerce and travel. Consistent with Title
VI of this Act, the Committees on Appropriations direct CBP, in
consultation with the General Services Administration, to work
together on a national strategy to identify and prioritize the
most effective methods to modernize the nation's aging
international ports of entry. The reporting requirement in
House Report 110-181 is therefore negated.
U. S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
The amended bill provides $4,687,517,000 for U.S.
Immigration and Customs Enforcement (ICE) Salaries and Expenses
instead of $4,155,400,000 as proposed by the House and
$4,401,643,000 as proposed by the Senate. Of the amounts
provided, $516,400,000 is designated emergency. The Committees
on Appropriations fund requested information technology (IT)
investments in the ``Automation Modernization''account instead
of the Salaries and Expenses account, as proposed by the House,
and reallocate $10,048,000 of IT support costs from U.S.
Customs and Border Protection to the ICE headquarters-managed
IT investments program. As requested by the President, $305,000
is provided for programs to protect children from exploitation
and kidnapping, including $102,000 for public awareness of the
child pornography tip line and $203,000 for Project ALERT. The
following table specifies funding levels by budget activity:
Headquarters Management and Administration:
Personnel Compensation and Benefits, Services, and
Other Costs....................................... $168,887,000
Headquarters-Managed IT Investments................. 146,654,000
--------------------------------------------------------
____________________________________________________
Subtotal, Headquarters Management and
Administration................................ 315,541,000
========================================================
____________________________________________________
Legal Proceedings....................................... 208,350,000
Investigations:
Domestic............................................ 1,422,528,000
International....................................... 107,551,000
--------------------------------------------------------
____________________________________________________
Subtotal, Investigations........................ 1,530,079,000
========================================================
____________________________________________________
Intelligence............................................ 52,146,000
Detention and Removal Operations:
Custody Operations.................................. 1,647,212,000
Fugitive Operations................................. 218,945,000
Criminal Alien Program.............................. 178,829,000
Alternatives to Detention........................... 53,889,000
Transportation and Removal.......................... 282,526,000
--------------------------------------------------------
____________________________________________________
Subtotal, Detention and Removal Operations...... 2,381,401,000
========================================================
____________________________________________________
Comprehensive Identification and Removal of Criminal
Aliens.............................................. 200,000,000
========================================================
____________________________________________________
Total, Salaries and Expenses.................... 4,687,517,000
Identifying and Removing Criminal Aliens
The Committees on Appropriations are concerned about ICE's
ability to identify, track, and remove criminal aliens from the
United States, and provide an additional $200,000,000 and a
statutory requirement for ICE to develop a strategic plan to
address the issue comprehensively. Once ICE has developed this
plan, the Committees on Appropriations expect DHS to pursue
aggressive efforts and make measurable progress expanding its
identification of incarcerated aliens, whether by direct
contact with correctional facilities, through technological
innovation, or by active survey and interview of prisoners. The
Committees on Appropriations expect DHS to initiate efforts to
remove all incarcerated aliens identified as deportable once
their criminal sentences are complete. As part of the Fugitive
Operations Program, the Committees on Appropriations also
expect ICE to expand its efforts to apprehend and remove at-
large criminal aliens.
The amended bill requires ICE to identify how the agency
will manage its identification of the criminal alien
population, including an explanation of the staffing and
technology solutions it will apply. This plan shall be
submitted within three months of enactment of this Act.
From fiscal year 2002 to fiscal year 2006, ICE increased
its deportation of non-criminal aliens by 118 percent (48,937
to 107,107). By contrast, criminal alien deportations increased
by only 26 percent over the same five years (70,530 to 88,830).
The DHS Inspector General reported that more than 300,000
illegal aliens will be admitted to prison in the coming year,
many for serious crimes such as murder, rape, armed robbery,
drug trafficking, assault, and vehicular manslaughter.
The ICE Office of Detention and Removal estimates that of
the total prison population in the United States, 605,000 are
foreign-born, and that at least half of those individuals may
be eligible for deportation. Yet even though these convicted
criminals are held in Federal, State and local custody, ICE has
not yet developed a comprehensive approach to identify
incarcerated aliens, review the crimes of which they have been
convicted, track the location of their incarceration, or
monitor the time remaining prior to their release. Although ICE
removed over 88,000 criminal aliens in 2006, the last full year
for which statistics are available, it has no records to show
how many more criminal aliens were paroled or discharged from
prison without removal orders. ICE also does not know if the
aliens it did remove were taken directly from penal custody or
apprehended for some other reason after having disappeared into
the general population. ICE must prioritize the removal of
those who have demonstrated the willingness and ability to
commit violent and harmful crimes. The Committees on
Appropriations direct ICE to pursue a more comprehensive
approach to identifying incarcerated aliens, processing them
for removal if they are judged deportable, and ensuring they
are not released back to society upon completion of their
sentences.
Custody Operations
The Committees on Appropriations provide $1,647,212,000 for
Custody Operations instead of $1,450,977,000 as proposed by the
House and $1,606,163,000 as proposed by the Senate. Additional
funds are provided to increase detention capacity at ICE to a
level sufficient to meet DHS mission needs. In addition, a
related increase of $33,400,000 is provided for the
Transportation and Removal program, to support the increased
level of deportations associated with a higher detained
population. When combined, this funding will support an
annualized detained population of approximately 32,000.
At the end of fiscal year 2007, ICE detained nearly 30,500
undocumented aliens on a daily basis, pending return to their
home countries. However, the President's budget proposed only
enough funding to detain 28,450 such individuals in 2008. If
the Committees on Appropriations were merely to fund the
President's request for detention capacity, DHS would be at
risk of ending the successful ``catch and return'' program,
which the Administration frequently cites as a major reason for
decreased illegal crossings along the Southwest border. The
Committees on Appropriations direct the Department to ensure
future ICE budget requests support the operationally-
appropriate level for detention capacity, and require ICE to
provide weekly updates on the detained population throughout
fiscal year 2008. To improve future management of the detained
population, $1,500,000 is provided to establish a Detention and
Removal Operations Office of Policy and Planning, as proposed
by the Senate.
Gang Enforcement
The Committees on Appropriations provide $20,400,000 for
gang enforcement instead of $7,000,000 as proposed by the House
and $15,200,000 as proposed by the Senate. Additional funding
is provided to enhance the unique Federal role ICE plays in
investigating and disrupting organized transnational criminal
gangs.
Worksite Enforcement
The Committees on Appropriations provide a $15,000,000
increase for worksite enforcement activities at ICE, as
proposed by the Senate and instead of no increase as proposed
by the House.
Fugitive Operations Teams
The Committees on Appropriations provide $218,945,000 for
Fugitive Operations Teams, instead of $183,200,000 as proposed
by the House and $194,645,000 as proposed by the Senate. This
additional funding will expand this program to a total of 104
teams.
Alternatives to Detention
The Committees on Appropriations provide $53,889,000 for
the Alternatives to Detention Program instead of $54,889,000 as
proposed by the House and $43,889,000 as proposed by the
Senate. Additional funds will support deployment of this
program to 12 cities.
Child and Family Detention
The Committees on Appropriations remain concerned about ICE
detention standards for families with children. Families with
children should be housed together in appropriate environments
that take into account these detainees' special needs. The
Committees on Appropriations are aware ICE has created a
Juvenile and Family Residential Management Unit to manage the
population of detained families with children and to address
issues related to family detention. While this is a positive
development, an objective set of standards for the detention of
families with children must be published so that ICE can ensure
the detention environment for these potentially vulnerable
individuals is appropriate. The Committees on Appropriations
note that this Act funds an Office of Policy within the
Detention and Removal program and fully expect that this office
will help ensure all national detention standards will be
adhered to. Pursuant to the recent legal settlement negotiated
between ICE and families detained by the agency, ICE is
directed to publish standards governing the care of families
with children in detention facilities, and to maintain those
standards as published.
Care and Custody of Unaccompanied Minors
The Committees on Appropriations direct ICE to develop and
publish standards for the temporary care of children and ensure
ICE transfers custody of unaccompanied alien minors to the
Office of Refugee Resettlement (ORR) within 72 hours. The
Committees on Appropriations do not agree that ICE should
reimburse ORR for the cost of transportation of unaccompanied
alien children since funds for this activity are included in
the ORR budget.
The Committees on Appropriations note that ICE has ignored
the direction contained in P.L. 109-295 to work in close
consultation with the Department of State and ORR to develop
and implement procedures to ensure the safe and secure
repatriation of unaccompanied alien children to their home
countries, including through the arrangement of family
reunification services and placement with non-profit
organizations that provide for orphan services. ICE is directed
to brief the Committees on Appropriations within 90 days of the
date of enactment of this Act on actions it has taken to
implement the changes to the repatriation process for
unaccompanied minors.
Office of Professional Responsibility
The Committees on Appropriations provide $48,778,000 for
the Office of Professional Responsibility (OPR), instead of
$50,778,000 as proposed by the House and $47,778,000 as
proposed by the Senate. OPR is directed to use up to $1,000,000
to carry out third-party detention standard compliance audits
for contracted detention facilities, as proposed by the House.
Legal Proceedings
The Committees on Appropriations provide $208,350,000 for
Legal Proceedings, as proposed by the House and instead of
$207,850,000 as proposed by the Senate. Additional funding is
provided for the Human Rights Law Division, as detailed in the
House report.
State and Local Assistance
The Committees on Appropriations provide $78,474,000 for
State and Local Assistance, as proposed by the Senate instead
of $73,574,000 as proposed by the House. Of the total provided,
$27,037,000 is for the Law Enforcement Support Center,
$11,286,000 is for the Forensic Document Laboratory, and
$39,684,000 is for the 287(g) program. Combined, these programs
make up the recently established ICE Agreements of Cooperation
in Communities to Enhance Safety and Security (ICE ACCESS)
initiative, which is intended to improve and enhance ICE's
interaction with State and local law enforcement agencies.
Given recent growth in the 287(g) program, the Committees on
Appropriations encourage ICE to closely monitor compliance with
the agreements under which immigration authorities are
delegated to 287(g) participants.
ICE Management
The Committees on Appropriations recognize that ICE
managers have worked diligently to improve the financial and
operational health of the agency. However, additional training
and support may be required to increase financial management
skills and abilities. Therefore, the Committees on
Appropriations include an additional $1,750,000 for
implementation of a training program for new and mid-career
finance, procurement, labor-relations and civil rights
managers, as discussed in the Senate report.
ICE Mutual Agreement between Government & Employers (IMAGE)
The Committees on Appropriations provide $5,000,000 for the
IMAGE program as proposed by both the House and the Senate.
These funds will support 10 special agents, 10 forensic
auditors, and nine investigative assistants. The IMAGE program
is an ICE outreach and enforcement effort designed to minimize
the likelihood of private sector employers hiring unauthorized
workers, and should complement the E-Verify program
administered by United States Citizenship and Immigration
Services (USCIS). ICE and USCIS are directed to brief the
Committees on Appropriations on the progress made implementing
the IMAGE program, including how IMAGE program managers are
avoiding duplication of the E-Verify system, the program's
hiring strategy, and its performance milestones and
achievements.
Border Enforcement Security Task Forces (BEST)
The Committees on Appropriations provide $10,700,000 for
the BEST program, as proposed by the House, instead of
$13,473,000 as proposed by the Senate. The Committees on
Appropriations support direction contained in the House report
regarding how the BEST program is coordinated with other
border-related initiatives. ICE is directed to brief the
Committees on Appropriations on how the BEST program is
supporting an integrated border security operation at DHS as
well as the new locations of proposed BEST operations.
Trade Transparency Unit
The Committees on Appropriations provide $11,202,000 for
the Trade Transparency Unit, as proposed by the Senate, instead
of $13,202,000 as proposed by the House.
FEDERAL PROTECTIVE SERVICE
The amended bill includes a statutory requirement for the
Federal Protective Service (FPS) to maintain an in-service
field staff of at least 900 full-time equivalent Police
Officers, Inspectors, Area Commanders, and Special Agents who
are assigned to active protective duties in field locations,
and a total FPS staff of at least 1,200 full-time equivalent
positions by July 31, 2008. The amended bill also requires the
Secretary and the Director of the Office of Management and
Budget (OMB) to certify that this staffing level will be fully
supported, through fees or other revenue, in fiscal year 2008.
The Committees on Appropriations understand the requested
revenue projection for fiscal year 2008 may be insufficient to
support the staffing levels required by law, and further
require the Secretary and the Director to adjust security fees
charged to agencies in fiscal year 2008, if necessary. If
revenue projections fall short of supporting the required
staffing levels, and the Director will not adjust security
fees, the Committees on Appropriations direct the Secretary to
meet any shortfall from funds provided in Title I of this Act.
The Committees on Appropriations further direct the Director of
OMB to ensure the level of fees in fiscal year 2009 will
maintain the FY 2008 staffing levels.
FPS Financial Management
Since the creation of DHS, the Secretary of Homeland
Security and the Director of the Office of Management and
Budget have denied FPS sufficient staff and resources to carry
out its critical facilities protection and law enforcement
missions. The transfer of FPS from the General Services
Administration (GSA) to DHS was marked by financial uncertainty
and instability, and $139,000,000 in annual subsidy payments
made by GSA to fund FPS operations were never appropriately
accounted for under the new DHS structure. Rather than adjust
the fee structure to account for this loss of subsidy payments,
the budget proposes to reduce the size of the FPS police force
without regard to the mission. DHS has further eroded the FPS
operating budget by failing to adjust FPS fees to account for
shared services, rent, and other costs that were never charged
or budgeted for at GSA. In the 2008 budget, the Administration
proposed transferring FPS Federal facility protection
responsibilities to State and local police departments by
abolishing the FPS police force, even though these local
agencies do not have the resources to protect Federal
buildings.
ICE, the Department, and OMB have not appropriately planned
for the protection of Federal facilities and workers, since
none of these agencies has worked to develop a strategic plan
that clearly defines the FPS role and aligns FPS mission
requirements with adequate resources. Absent a rigorous review
of FPS responsibilities, which should be based on the
responsibilities assigned to FPS in law, Federal facilities and
employees will continue to remain vulnerable to crime and other
more severe threats. Since the creation of DHS, FPS has
essentially been ignored, denied sufficient staff, and short-
changed the funding necessary to meet its critical facilities
protection and law enforcement response missions. The
Committees on Appropriations encourage the Administration to
analyze the mission requirements of FPS in terms of the
responsibilities assigned to FPS in law, as well as necessary
levels of staffing and resources, so that the Congress is not
required to dictate funding and staffing levels in annual
appropriations bills. DHS and ICE are therefore directed to
brief the Committees on Appropriations on the alignment of FPS
mission requirements with the staffing and resources necessary
to carry out FPS responsibilities.
AUTOMATION MODERNIZATION
The Committees on Appropriations provide $30,700,000 for
ICE Automation Modernization, as proposed by the House, instead
of $15,000,000 as proposed by the Senate. Of this amount,
$5,000,000 is withheld from obligation until the Committees on
Appropriations receive and approve an expenditure plan.
CONSTRUCTION
The Committees on Appropriations provide $16,500,000 for
Construction, instead of $6,000,000 as proposed by the House
and $16,250,000 as proposed by the Senate. Of the amounts
provided, $10,500,000 is designated as emergency. The amended
bill includes a modified version of a provision proposed by the
House that limits the obligation of funds for the solicitation
of proposals to privatize ICE-owned detention facilities until
a privatization plan is submitted to the Committees on
Appropriations.
Transportation security Administration
AVIATION SECURITY
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $4,808,691,000 for Aviation
Security instead of $5,198,535,000 as proposed by the House and
$5,042,559,000 as proposed by the Senate. In addition to the
amounts appropriated, two mandatory appropriations totaling
$500,000,000 are available through the Aviation Security
Capital Fund and the Checkpoint Screening Security Fund. These
mandatory appropriations were included as part of the 9/11 Act,
which was enacted after the House and Senate passed their
recommended levels for aviation security. The total funding
provided reflects the budget amendment submitted on November 6,
2007. Bill language is also included to reflect the collection
of $2,210,000,000 from aviation user fees, as authorized. The
following table specifies funding by budget activity:
Screener Workforce:
Privatized screening................................ $143,385,000
Passenger and baggage screeners, personnel,
compensation and benefits......................... 2,636,104,000
--------------------------------------------------------
____________________________________________________
Subtotal, screener workforce................ 2,779,489,000
Screening training and other........................ 223,766,000
Human resource services............................. 182,234,000
EDS/ETD Systems:
EDS procurement and installation.................... 294,000,000
Screening technology maintenance and utilities...... 264,000,000
Operation integration............................... 25,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, EDS/ETD systems................... 583,000,000
Total, screening operations................. 3,768,489,000
========================================================
____________________________________________________
Aviation Security Direction and Enforcement.........
Aviation, regulation and other enforcement.......... 255,953,000
Airport management, information technology and
support........................................... 651,933,000
Federal flight deck officer and flight crew training 25,091,000
Air cargo........................................... 73,000,000
Perimeter security.................................. 4,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, aviation security direction and
enforcement............................... 1,009,977,000
========================================================
____________________________________________________
Implementing Requirements of the 9/11 Act........... 30,000,000
Discretionary Fees:
General aviation at DCA............................. 25,000
Indirect air cargo.................................. 200,000
--------------------------------------------------------
____________________________________________________
Subtotal, discretionary fees................ 225,000
========================================================
____________________________________________________
Total, Aviation Security.................... $4,808,691,000
Implementing Requirements of the 9/11 Act
The Committees on Appropriations include $694,500,000
within the total appropriation provided to TSA for activities
and requirements authorized in the 9/11 Act, including:
$544,000,000 for the procurement and installation of explosives
detection systems at airports; $73,000,000 for air cargo
security; $20,000,000 to expand Visible Intermodal Protection
and Response Teams; $10,000,000 to increase the number of
explosives detection canine teams; $14,000,000 for general
aviation vulnerability assessments and other activities;
$3,500,000 to test technologies to expedite the recovery,
development, and analysis of information from aircraft
accidents; and $30,000,000 to implement regulations and other
new activities authorized by the 9/11 Act. TSA shall use the
$30,000,000 to: conduct vulnerability assessments of high risk
public transportation agencies, railroads, and over-the-road
bus operators; security training programs for public
transportation, over-the-road bus operators, and railroad
employees; develop a railroad transportation security risk
assessment and national strategy; develop regulations for name-
based immigration status checks on public transportation and
railroad employees; conduct security reviews of foreign repair
stations within six months of the issuance of final
regulations; pilot different technologies at airport exit
lanes; develop procedures and initial implementation of a law
enforcement officer biometric credential; improve security at
general aviation airports; and procure blast resistant
containers. TSA is directed to report to the Committees on
Appropriations 90 days after the date of enactment of this Act
on the proposed allocation of these funds at the account and
PPA level.
Privatized Screening Airports
The Committees on Appropriations provide $143,385,000 for
privatized screening airports as proposed by the Senate instead
of $147,190,000 as proposed by the House. TSA is directed to
notify the Committees on Appropriations if TSA expects to spend
less than the appropriated amount due to situations where no
additional airports express interest in converting, either
fully or partially, to privatized screening, or where airports
currently using privatized screening convert to using federal
screeners. TSA shall adjust its program, project, and activity
(PPA) line items, and notify the Committees on Appropriations
within ten days, to account for any changes in private
screening contracts and screener personnel, compensation and
benefits to reflect the award of contracts under the screening
partnership program, or the movement from privatized screening
into federal screening.
Passenger and Baggage Screener Personnel, Compensation, and Benefits
The Committees on Appropriations provide $2,636,104,000 for
passenger and baggage screener personnel, compensation, and
benefits instead of $2,589,304,000 as proposed by the House and
$2,601,404,000 as proposed by the Senate. This funding level
includes $36,700,000 requested in the budget amendment for
additional behavior detection officers and back-of-the-airport
screening activities. Funding for behavior detection officers
has not been reduced, as proposed by the House, because TSA no
longer is behind in hiring these positions. Also included is
$45,000,000 for the new travel document checker program as
proposed by both the House and the Senate.
TSA shall brief the Committees on Appropriations on the
detailed function of each of the three new transportation
screening officers' specialized employee categories (travel
document checkers, behavior detection officers, and bomb
appraisal officers). This briefing shall include the on-board
full-time equivalent (FTEs) for each category in fiscal year
2008; the hiring plan to fill the new positions provided in
fiscal year 2008 and planned for fiscal year 2009; the
associated personnel, compensation, and benefits; equipment
costs; other indirect costs; key milestones; expected benefits;
a deployment schedule; training requirements, to include
Federal, privacy, and civil rights and liberties standards; and
measures that will be used to evaluate the success of these
three specialized personnel categories. TSA shall also brief
the Committees on Appropriations on the integration of the
travel document checker program with the US-VISIT air exit
solution.
Airport Employee Screening
Within the total funding for passenger and baggage screener
personnel, compensation, and benefits, the Committees on
Appropriations provide $15,000,000 as proposed by the Senate
instead of $5,000,000 as proposed by the House to pilot various
methods to screen airport employees at a total of seven
airports. Specifically, TSA shall screen all airport employees
at three airports for no less than 90 days. Screening shall be
done at either the airport perimeter or the passenger
checkpoints. In addition, TSA shall undertake other screening
methods to enhance airport employee screening at up to four
additional airports. These methods could include physical
inspections, behavioral recognition, biometric access controls,
and cameras and body imaging. TSA shall consult with the
airports before identifying which airports will participate in
the pilots. As part of this effort, TSA shall collect data on
the benefits, costs, and impacts of 100-percent airport
employee screening as well as on the other methods utilized.
TSA shall report to the Committees on Appropriations on:
(1) the results of these pilots, including the average wait
times at screening checkpoints for passengers and employees;
(2) the estimated cost of the infrastructure and personnel
necessary to implement a screening program for airport workers
at all U.S. commercial service airports in order to meet a 10-
minute standard for processing passengers and workers through
screening checkpoints; (3) the ways in which the current
methods for screening airport employees could be strengthened;
and (4) the impact of screening airport workers on other
security-related duties at airports. TSA shall notify the
Committees on Appropriations within 120 days after the date of
enactment of this Act on how it will utilize this funding and
identify the airports that shall be participating in the
pilots. TSA shall provide an interim briefing to the Committees
on Appropriations on progress and results of these pilots not
later than September 1, 2008. If a legislative proposal to
screen 100-percent of airport employees is enacted, TSA may use
these funds to comply with those requirements.
Wait Times
TSA shall submit airport wait time data on a quarterly
basis for domestic airports with above average wait times and
for the top 40 busiest airports. As part of these quarterly
reports, TSA shall explain any dramatic shift in wait times.
Screening Training and Other
The Committees on Appropriations provide $223,766,000 for
screening training and other instead of $200,466,000 as
proposed by the House and the Senate. This funding level
includes $23,400,000 requested in the budget amendment
submitted on November 6, 2007, for the associated recruiting,
hiring, training and outfitting costs related to additional
screeners to address increased threats.
Checkpoint Support
Mandatory funding of $250,000,000 has been provided for
checkpoint support as required by the 9/11 Act. Both the House
and Senate proposed discretionary funding for these activities
in their versions of the bill. The Committees on Appropriations
expect funding to be used to support a number of emerging
technologies to screen airline passengers and carry-on baggage
for explosives, weapons, and other threat objects by the most
advanced equipment currently under development. Bill language
is included clarifying that activities funded last year
continue to be funded in fiscal year 2008.
Explosive Detection Systems
The Committees on Appropriations provide a total of
$544,000,000 for explosive detection systems (EDS) procurement
and installation instead of $560,000,000 as proposed by the
House and $529,400,000 as proposed by the Senate. Within the
total funding for EDS procurement and installation,
$294,000,000 is appropriated in this Act and $250,000,000 is
derived from mandatory funding from the Aviation Security
Capital Fund. This funding is sufficient to fulfill the
requirements in the 9/11 Act to enter into Letters of Intent
(LOIs) and to complete other pending airport modifications. TSA
is encouraged to use its existing authority to amend any LOI
where the final project costs exceed original estimates, if
they were subsequently validated as reimbursable prior to the
date of enactment of this Act. Within the funds provided, not
less than $89,000,000 shall be available to procure and deploy
next generation explosive detection systems. TSA shall explore
multiple technologies in this area and give thorough
consideration to the needs of medium and small airports that do
not have certified EDS equipment.
No EDS funding shall be used to procure explosive trace
detection machines (ETDs) unless they are necessary for
secondary screening of checked baggage, to replace an aging ETD
system in those airports that are primarily dependent on ETD
technologies, or to procure new ETD systems for new, small
airports or heliports that are federalized.
TSA is encouraged to explore consolidating checkpoint and
checked baggage screening at smaller airports and shall brief
the Committees on Appropriations on how this consolidation may
work.
Screening Technology Maintenance and Utilities
The Committees on Appropriations provide $264,000,000 for
screening technology maintenance and utilities as proposed by
the House instead of $257,000,000 as proposed by the Senate.
This funding supports the maintenance and associated utilities
of EDSs, ETDs, checkpoint equipment and other screening
technologies installed at our nation's airports.
Aviation Regulation and Other Enforcement
The Committees on Appropriations provide $255,953,000 for
aviation regulation and other enforcement instead of
$223,653,000 as proposed by the House and $226,653,000 as
proposed by the Senate. This amount includes $29,300,000
requested in the budget amendment submitted on November 6,
2007, to increase the number of canine teams, to establish
vetting capabilities for general aviation passengers and crews,
and to conduct general aviation threat assessments. In
addition, $3,000,000 has been provided above the budget request
to support local law enforcement officer cooperative
agreements, as proposed by the Senate.
Air Cargo
The Committees on Appropriations provide $73,000,000 for
air cargo as proposed by the House instead of $65,768,000 as
proposed by the Senate. This funding level is $17,232,000 above
the budget request and shall be used for the following: (1) to
continue training and deployment of additional canine teams at
high volume air cargo airports to increase inspections; (2) for
additional air cargo inspectors to monitor compliance of air
carriers and freight forwarders with security directives; (3)
to continue development of a certified shipper program to
determine if this method can contribute to the 100-percent
screening requirement in the 9/11 Act; (4) for equipment,
technology and other methods to screen air cargo; and (5) to
transfer techniques from the three air cargo pilot programs to
additional airports that may express an interest in using them,
if results appear promising.
Within the fiscal year 2007 supplemental appropriation
(Public Law 110-28), funding was provided for TSA to assess air
cargo vulnerabilities at the largest airports (Category Xs).
TSA is directed to brief the Committees on Appropriations no
later than March 1, 2008, on the results of the vulnerability
assessments at all airports completed, as detailed in the
Senate report. If vulnerability assessments have not been
completed at all of the largest airports, TSA shall brief the
Committees on Appropriations again once all work has been
concluded.
The Committees on Appropriations are encouraged at the
progress TSA has made to limit its use of contractors for air
cargo regulatory activities and to hire dedicated federal
employees. Therefore, quarterly reports on this topic are not
required unless TSA significantly increases its use of
contractors for air cargo regulatory activities in this
program.
Perimeter Security
The Committees on Appropriations provide $4,000,000 for
airport perimeter security projects as proposed by the House
and the Senate. In the past, TSA has been slow to obligate
perimeter security funding and just recently awarded funds
appropriated in fiscal year 2006. TSA is expected to
competitively award these funds in 2008. In addition, TSA shall
brief the Committees on Appropriations on actions taken to
implement recommendations made by GAO on airport perimeter
security weaknesses, as discussed in the Senate report.
Flight Deck Recorders and Remote Sensing Devices
Within the $651,933,000 provided for airport management,
information technology, and support, the Committees on
Appropriations provide $3,500,000 to implement section
1610(2)(b) of the 9/11 Act. This funding shall be used to test
technologies to expedite the recovery, development, and
analysis of information from aircraft accidents to determine
the cause of the accident, including deployable flight deck and
and voice recorders, and remote location recording devices. TSA
shall work with the Federal Aviation Administration on these
efforts.
Foreign Repair Stations
TSA shall work aggressively with the Federal Aviation
Administration to complete final regulations to audit certified
repair stations in foreign countries as required by the 9/11
Act and brief the Committees on Appropriations periodically on
its efforts to do so.
Butane Lighters
In accordance with authority provided in section 530 of
P.L. 109-295, TSA suspended enforcement of the prohibition on
butane and other types of lighters onboard aircraft. Pursuant
to that authority, the Assistant Secretary certified that
butane and other types of lighters pose a significantly lower
security threat based on intelligence driven threat
assessments. Not later than five months after enactment of this
Act, TSA is directed to report on anticipated security benefits
and vulnerabilities associated with the decision to suspend
enforcement of the prohibition on butane lighters onboard
aircraft, including supporting analysis justifying the
conclusions reached. The Comptroller General is directed to
report on its assessment of TSA's report not later than 180
days after the report is submitted.
Voluntary Provision of Emergency Services Program
The Committees on Appropriations are concerned with TSA's
implementation of the Voluntary Provision of Emergency Services
Program and direct TSA to comply with the terms and conditions
listed in section 563 of the Senate bill.
SURFACE TRANSPORTATION SECURITY
The amended bill provides $46,613,000 for Surface
Transportation Security instead of $41,413,000 as proposed by
the House and the Senate. Within this total, $24,485,000 is for
surface transportation staffing and operations and $22,128,000
is for rail security inspectors and canines. This funding level
reflects the budget amendment submitted on November 6, 2007, of
$5,200,000 to hire new surface transportation inspectors for
use in the Visible Intermodal Protection and Response teams.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
The amended bill provides a direct appropriation of
$82,590,000 for Transportation Threat Assessment and
Credentialing instead of $64,490,000 as proposed by the House
and $67,490,000 as proposed by the Senate. In addition, the
Committees on Appropriations anticipate TSA will collect
$82,601,000 in fees. Funding is provided as follows:
Direct Appropriation:
Secure flight....................................... $50,000,000
Crew vetting........................................ 14,990,000
Screening administration and operations............. 9,500,000
Transportation worker identification credential..... 8,100,000
--------------------------------------------------------
____________________________________________________
Subtotal, direct appropriations............. 82,590,000
========================================================
____________________________________________________
Fee Collections: Registered traveler................ 35,101,000
Transportation worker identification credential..... 26,500,000
Hazardous materials................................. 19,000,000
Alien flight school (transfer from DOJ)............. 2,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, fee collections................... $82,601,000
Secure Flight
The Committees on Appropriations provide $50,000,000 for
Secure Flight instead of $40,000,000 as proposed by the House
and $28,000,000 as proposed by the Senate. In addition, the
amended bill contains a general provision, similar to that
proposed by the Senate, which permits TSA to transfer up to an
additional $24,000,000 to the Secure Flight program if
necessary. This level fully funds the budget request and
reflects progress TSA has made in this program.
The Committees on Appropriations are concerned that, even
with the Secure Flight program, TSA plans to continue to screen
passenger names against only a subset of the full terrorist
watch list. Therefore, the amended bill includes language as
proposed by the House that requires the Assistant Secretary to
certify to the Committees on Appropriations that no significant
security risks are raised by screening airline passenger names
only against a subset of the full terrorist watch list instead
of the full watch list. In addition, the Inspector General is
directed to report on the vulnerabilities that exist to our
aviation system if the Secure Flight program does not screen
against the full terrorism watch list.
Screening Administration and Operations
The Committees on Appropriations provide $9,500,000 for
screening administration and operations as proposed by both the
House and the Senate. No funds appropriated for screening
administration and operations may be used for the Secure Flight
program or for the Transportation Worker Identification
Credential (TWIC) program beyond the amounts specifically
appropriated for these programs unless TSA submits a
reprogramming or transfer request. In the past, TSA has used
the screening administration and operations account to
supplement these programs' direct appropriations.
Transportation Worker Identification Credential
The Committees on Appropriations provide a direct
appropriation of $8,100,000 for the transportation worker
identification credential instead of $15,000,000 as proposed by
the Senate. No funding was proposed by the House. This funding
shall be allocated as follows: $6,100,000 to fund the local
cost share of the five card reader pilots and $2,000,000 for
program evaluation of these pilots. While the Committees on
Appropriations are pleased that the five pilots are proceeding,
they disagree that the ports must contribute a 25-percent local
match. Since this is a pilot program, which may not have direct
benefit to the ports, funding has been included to pay the
local cost share of this program.
TSA is urged to ensure that the Coast Guard and terminal
operators work closely with local port police and other law
enforcement agencies to develop the operational procedures that
will ensure effective implementation of the TWIC program. Also,
TSA is directed to work with the appropriate officials of
Florida and other port authorities to resolve differences
between TWIC and existing State transportation facility access
control programs.
Registered Traveler
In lieu of report language proposed by the House, the
Committees on Appropriations include new bill language
permitting approved members of Registered Traveler (RT)
programs to satisfy the required identity verification
procedures at security screening checkpoints by presenting a
biometrically-secure RT card in lieu of the government-issued
photo identification document required of non-RT participants.
The Committees on Appropriations are aware that the industry
consortium representing registered traveler providers has
submitted a proposal to TSA that would update the common RT
standard, which may address this issue. However, because TSA
has not determined whether or not to adopt this updated
standard, this language is necessary.
TRANSPORTATION SECURITY SUPPORT
The amended bill provides $523,515,000 for Transportation
Security Support instead of $526,615,000 as proposed by the
House and $521,515,000 as proposed by the Senate. Funding is
provided as follows:
Headquarters administration............................. $293,191,000
Information technology.................................. 209,324,000
Intelligence............................................ 21,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, transportation security support... $523,515,000
Expenditure Plan
The amended bill includes language requiring TSA to submit
a detailed expenditure plan to the Committees on Appropriations
for checkpoint support and explosive detection systems
procurement, refurbishment, and installation on an airport-by-
airport basis for fiscal year 2008. This report is due no later
than 60 days after enactment of this Act. In addition, the
Secretary is directed to submit a final strategic plan for
checkpoint technologies as described in the joint explanatory
statement of managers accompanying Public Law 109-295. To date,
the Committees on Appropriations have only received an interim
plan. The amended bill withholds $10,000,000 from obligation
until the detailed expenditure plans, described above, and the
final strategic plan for checkpoint technologies are received.
Red Teaming
Red teaming exercises help identify vulnerabilities to our
critical transportation systems. TSA is directed to be more
proactive in this area in fiscal year 2008, but also to ensure
that those facilities being visited are not aware of the red
teaming exercises beforehand. Recent testimonies and emails
have made it clear that on occasion, certain facilities were
notified of upcoming red teaming activities and what to look
for before the teams arrived, resulting in inaccurate results.
This advance notification cannot occur in the future. For a red
team to operate successfully, its members must not be
recognized.
The Committees on Appropriations provide a total of
$6,260,000 for red teaming exercises within the appropriation
for Headquarters Administration, which is nearly a 50-percent
increase to this program. This funding level will enable red
teaming activities to identify potential vulnerabilities and
weaknesses in airports and air cargo facilities, as well as in
transit, rail, and ferry systems. TSA shall brief the
Committees on Appropriations biannually on these activities, as
discussed in the House report.
Senior Career Employees
TSA has had frequent and sustained turnover within its
senior employees. TSA is encouraged to build a stable, senior
career workforce so that when a change in administration
occurs, the agency can continue operating without a diminution
in transportation security oversight. As such, TSA shall brief
the Committees on Appropriations on its plans and efforts to
retain senior career employees. In addition, GAO is directed to
report on the history of senior executive service-level career
turnover since the formation of TSA.
Performance Accountability and Standards System
TSA is directed to submit a report to the Committees on
Appropriations; the Senate Committee on Homeland Security and
Governmental Affairs; the House Committee on Homeland Security;
the Senate Committee on Commerce, Science, and Transportation;
and the House Committee on Transportation and Infrastructure on
the implementation of the Performance Accountability and
Standards System. The report shall include (1) the number of
employees who achieved each level of performance; (2) a
comparison between managers and non-managers relating to
performance and pay increases; (3) the type and amount of all
pay increases that have taken effect for each level of
performance; and (4) the attrition of employees covered by the
Performance Accountability and Standards System.
FEDERAL AIR MARSHALS
The amended bill provides $769,500,000 for the Federal Air
Marshals (FAMs) instead of $722,000,000 as proposed by the
House and the Senate. This recommendation includes $47,500,000
requested in the budget amendment submitted on November 6,
2007, to increase staffing, to sustain current international
flight coverage, and to restore coverage on targeted critical
domestic flights. Within the total appropriation provided,
$674,173,000 is for management and administration and
$95,327,000 is for travel and training. TSA shall continue to
provide quarterly reports on the mission coverage, staffing
levels, and hiring rates as directed in previous appropriations
Acts.
Force Multiplier
The Committees on Appropriations remain supportive of the
FAMs force multiplier efforts. TSA should brief the Committees
on the status of this program, its estimated costs and
benefits, the logistical and operational aspects of using this
system, and a timeline to implement it, if the system proves to
be cost effective.
Coast Guard
OPERATING EXPENSES
The amended bill provides $5,891,347,000 for Operating
Expenses (OE) instead of $5,930,545,000 as proposed by the
Senate and $5,885,242,000 as proposed by the House. Of this
amount, $70,300,000 is designated as an emergency and
$340,000,000 is available for defense-related activities as
proposed by both the House and the Senate. Not to exceed
$20,000 is provided for reception and representation, as
proposed by the House instead of not to exceed $10,000 as
proposed by the Senate. The amended bill allows OE funds to be
used for minor construction projects not exceeding $1,000,000
in total costs at any location. The Committees on
Appropriations deny the request to transfer a portion of the
Bridge Administration program from Coast Guard to the
Department of Transportation as proposed by the House and
Senate and include $2,650,000 to maintain this function; and
deny $2,000,000 in proposed management efficiency savings due
to lack of detail justifying the decrease. The Committees on
Appropriations also deny the proposed reduction of $267,000 and
29 FTE for the Civil Engineering High Performance Organization
Initiative and include a general provision denying alteration
of the Civil Engineering Unit as proposed by the House and
Senate. Funding for operating expenses shall be allocated as
follows:
Military pay and allowance:
Military pay and allowance.......................... $2,463,934,000
Military health care................................ 346,765,000
Permanent change of station......................... 110,974,000
--------------------------------------------------------
____________________________________________________
Subtotal, military pay and allowance........ 2,921,673,000
========================================================
____________________________________________________
Civilian pay and benefits............................... 594,803,000
Training and recruiting:
Training and education.............................. 84,622,000
Recruitment......................................... 100,982,000
--------------------------------------------------------
____________________________________________________
Subtotal, training and recruiting........... 185,604,000
========================================================
____________________________________________________
Operating funds and unit level maintenance:
Atlantic Command.................................... 176,923,000
Pacific Command..................................... 198,580,000
1st District........................................ 58,573,000
5th District........................................ 22,222,000
7th District........................................ 77,138,000
8th District........................................ 46,126,000
9th District........................................ 32,084,000
11th District....................................... 17,437,000
13th District....................................... 23,230,000
14th District....................................... 19,401,000
17th District....................................... 31,734,000
Headquarters directorates........................... 269,303,000
Headquarters managed units.......................... 130,450,000
Other activities.................................... 31,680,000
--------------------------------------------------------
____________________________________________________
Subtotal, operating funds and unit level
maintenance............................... 1,134,881,000
========================================================
____________________________________________________
Centrally managed accounts.............................. 229,896,000
Intermediate and depot level maintenance:
Aeronautical maintenance............................ 295,950,000
Electronic maintenance.............................. 118,983,000
Civil/ocean engineering and shore facilities
maintenance....................................... 171,317,000
Vessel maintenance.................................. 167,940,000
--------------------------------------------------------
____________________________________________________
Subtotal, intermediate and depot level
maintenance............................... 754,190,000
========================================================
____________________________________________________
Port and maritime security enhancements................. 70,300,000
========================================================
____________________________________________________
Total, operating expenses................... $5,891,347,000
Port and Cargo Security
The Committees on Appropriations provide $58,800,000 for
port and cargo security, instead of $45,000,000 as proposed by
the House and $30,000,000 as proposed by the Senate. Increasing
port presence and security operations in critical ports is a
vital component of DHS's overall maritime border security
strategy and additional resources are provided for this
purpose. Within the total provided: $2,000,000 is for Liquefied
Natural Gas and dangerous cargo suitability assessments to
ensure that such assessments pass peer-reviewed, scientific
scrutiny; $2,000,000 is for spot check of Maritime
Transportation Security Act (MTSA) regulated facilities;
$29,400,000 is for an additional 238 boat crew members,
boarding team members, and marine inspectors and 26 Defender
Class small boats to enhance Coast Guard's ability to enforce
security zones, protect critical infrastructure, and provide
escorts and boarding of high interest vessels; $4,800,000 is
for long range identification and tracking in order to provide
additional information to validate a vessel's position and
movement; $2,000,000 is for port security vulnerability
assessments; $2,000,000 is for port security exercise and
training programs, as required by Sections 113 and 114 of the
SAFE Port Act; $1,900,000 is for the inclusion of salvage
response plans in Area Maritime Transportation Security Plans,
as required by Section 101 of the SAFE Port Act; $11,600,000 is
to implement Section 108 of the SAFE Port Act including
additional watch standers and intelligence officers; and
$3,100,000 is to develop rulemakings and finalize regulations
contained in the SAFE Port Act.
Intensive Maintenance for Patrol Boats
The Committees on Appropriations provide $11,500,000 for
Coast Guard to pilot an intensive maintenance regime for 110-
foot Island Class patrol boats in District Seven. The House
provided an additional $20,500,000 within the Acquisition,
Construction, and Improvements appropriation for an intensive
maintenance and sustainment regime for the 110-foot patrol
boats. The Senate provided funding at the request level. Such a
regime is operational with the six patrol boats assigned to
Operation Iraqi Freedom, which has enabled Coast Guard to
substantially increase the operational hours of these boats.
The additional funding provided will allow eight 110-foot
patrol boats home-ported in Miami, Key West and St. Petersburg,
Florida to operate an additional 3,200 hours per year. Coast
Guard is directed to brief the Committees on Appropriations on
the results of this pilot six months after it is put into
operation.
Training and Recruiting
The Coast Guard is directed to increase recruitment
ceilings in those recruiting offices with strong minority
enlistments as discussed in the House report. The Committees on
Appropriations recognize the important role that research and
education programs play in adapting and adopting logistical and
business systems. The Center of Excellence in Logistics and
Technology (LOGTECH) was created to facilitate the advancement
of logistics in the military, yet the Coast Guard is currently
the only military service not participating in LOGTECH
educational programs. Within total OE funding, $450,000 is
included to fund Coast Guard participation in LOGTECH.
Personnel
No funding is included for acquisition personnel within the
OE appropriation as proposed by the House. The Senate bill
proposed the transfer of $82,215,000 to this appropriation from
the Acquisition, Construction, and Improvements (AC&I)
appropriation. Bill language is included to allow Coast Guard
to transfer up to five percent of the OE appropriation to the
AC&I appropriation for personnel, compensation and benefits
with notice to the Committees on Appropriations within 30 days
of the transfer.
Operations System Center
The amended bill provides $3,600,000 for planning and
design of an expansion to the Coast Guard Operations System
Center, subject to the approval of a prospectus, as detailed in
the Senate report.
Long Range Aids to Navigation (LORAN)-C
The budget request proposed terminating the LORAN-C
program. This decision was made before the National Space Based
Position Navigation and Timing Executive Committee recommended
the administration pursue ELORAN as a national positioning,
navigation and timing backup. Furthermore, a coordinated
Executive Branch policy on the future of the LORAN-C system is
still being considered. In recent correspondence to the
Committees on Appropriations, the Coast Guard indicated that a
full analysis of the LORAN-C system will not be completed until
March 1, 2008. Therefore, the Committees on Appropriations deny
the request to terminate the LORAN-C program and assume its
continuation in fiscal year 2008.
Responsiveness
The Coast Guard Chief of Staff is directed to brief the
Committees on Appropriations within one month from the date of
enactment of this Act detailing measures that will be
implemented to correct Coast Guard delays in responding to
Committee questions as discussed in the House report.
Multi-crewing Performance Metrics
The Coast Guard is directed to provide quarterly briefings
to the Committees on Appropriations on the performance of its
assets that are multi-crewed as detailed in the House report.
A-76
The Committees on Appropriations are concerned that Coast
Guard has decided to contract out the administration of its
``competitive sourcing'' program and OMB Circular A-76 program
to a private sector firm. Coast Guard is directed to brief the
Committees on Appropriations on how many federal employees are
dedicated to these programs, the responsibilities of the
private sector firm, and the reason for the increase in A-76
activity at Coast Guard.
Airborne Use of Force
The Committees on Appropriations agree to the $21,500,000
reduction requested by the President to eliminate funding for
leased armed helicopters and as proposed by the Senate. Coast
Guard plans to replace eight leased helicopters with ten Coast
Guard Airborne-Use-of-Force equipped, re-engined HH-65C
helicopters.
Realignment and Transformation Orders
The Coast Guard is directed to submit a report describing
and assessing each of the 10 realignment and transformation
orders as detailed in the Senate report. GAO is directed to
review the Coast Guard report no later than 120 days after its
submittal to the Committees on Appropriations. As part of its
review, GAO is directed to assess the benefits and drawbacks of
including all funding for Coast Guard personnel within the OE
appropriation.
Base Realignment and Closure Impact
Coast Guard is directed to brief the Committees on
Appropriations on the impact of base closures and realignments
on Coast Guard facilities, as detailed in the Senate report.
Mission Hour Emphasis and Acquisition Reports
Coast Guard is directed to continue submitting quarterly
mission hour emphasis and acquisition reports to the Committees
on Appropriations consistent with the deadlines articulated
under section 360 of Division I of Public Law 108-7 as detailed
in the Senate report.
Coast Guard Academy Pier for Eagle
Coast Guard is directed to report no later than February 5,
2008, to the Committees on Appropriations on the current
condition and future intentions with respect to repair/
replacement of the pier used to winter-berth the CGC Eagle at
the Coast Guard Academy as detailed in the Senate report.
National Interests in the Polar Regions
The Committees on Appropriations are concerned about Coast
Guard's ability to meet its polar operations mission
requirements and provide the United States with the capability
to support national interests in the polar regions. These
mission requirements include, but are not limited to: global
reach to the North and South poles; monitoring of U.S.-bound
vessel traffic transiting international waterways in the far
north; support of the International Ice Patrol; and support of
other governmental and scientific organizations in pursuit of
marine and atmospheric science activities in the polar regions.
The Committees on Appropriations are specifically concerned
whether Coast Guard's aging polar icebreaking fleet can meet
current mission performance goals and whether this fleet and
the service's small cadre of specialized polar operations
personnel are capable of meeting projected mission performance
goals in light of changing environmental conditions and
increased activity in the polar regions. The National Academy
of Sciences made several recommendations in this regard in
September 2006, but the Administration has taken no action to
implement those recommendations.
Therefore, the Commandant is directed to submit a
comprehensive polar operations report that fully assesses the
Coast Guard's ability to meet current and projected polar
mission requirements and includes an evaluation of how Coast
Guard's current capabilities and resources must be adapted or
enhanced to account for changing environmental conditions and
increased activity in the polar regions. This report is to
include an analysis of the need for any permanent, forward
operating presence in the polar regions in order to meet
mission requirements and an assessment of the Coast Guard's
ability to meet the requirements of partner agencies operating
in the polar regions, such as the National Science Foundation
(NSF) and the Departments of Commerce and Defense, under
current and projected environmental conditions. Finally, this
report should include an appraisal of the sustainability of the
current operations and maintenance cost sharing arrangement
between the Coast Guard and NSF to support both current and
projected polar icebreaker operations.
Maritime Domain Awareness Capacity for Pacific Ocean
Coast Guard is directed to report by February 5, 2008, on
the current maritime domain awareness capacity for the remote
and western Pacific Ocean, and include an assessment of remote
sensing technology necessary to enhance this capacity, as
detailed in the Senate report.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
The amended bill provides $13,000,000, instead of
$12,079,000 as proposed by the Senate and $15,000,000 as
proposed by the House. Additional funding is provided to begin
to reduce the current backlog totaling $109,663,299.
RESERVE TRAINING
The amended bill provides $126,883,000 as proposed by the
Senate and House.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(INCLUDING RESCISSIONS OF FUNDS)
The amended bill provides $1,125,083,000 for Acquisition,
Construction and Improvements instead of $1,048,068,000 as
proposed by the Senate and $941,767,000 as proposed by the
House. Of this amount, $95,800,000 is designated as emergency.
Funding is provided as follows:
Vessels:
Response boat medium................................ $45,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, vessels........................... 45,000,000
========================================================
____________________________________________________
Other Equipment:
Nationwide Automatic Identification System.......... 12,000,000
Rescue 21........................................... 80,300,000
High frequency recapitalization..................... 2,500,000
National Capital Region air defense................. 11,500,000
Defense messaging system............................ 5,000,000
Maritime security response team-shoothouse.......... 1,800,000
Interagency Operational Centers..................... 60,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Other Equipment................... 173,100,000
========================================================
____________________________________________________
Shore Facilities and Aids to Navigation:
Survey and design, shore operational & support
projects.......................................... 1,337,000
Rebuild Station Marquette........................... 6,000,000
Rescue Swimmer Training Facility.................... 13,300,000
Construct duty boating, Station Washington.......... 2,180,000
Waterways aids to navigation........................ 2,500,000
Housing--Cordova, Alaska............................ 7,380,000
Rebuild station and waterfront at Base Galveston,
Phase I........................................... 5,200,000
Sector Buffalo...................................... 3,100,000
--------------------------------------------------------
____________________________________________________
Subtotal, Shore Facilities and Aids to
Navigation................................ 40,997,000
========================================================
____________________________________________________
Personnel and Related Support:
Direct personnel costs.............................. 82,215,000
AC&I core........................................... 505,000
--------------------------------------------------------
____________________________________________________
Subtotal, Personnel and Related Support..... 82,720,000
========================================================
____________________________________________________
Integrated Deepwater System:
Aircraft:
Maritime patrol aircraft........................ 170,016,000
HH-60 conversion projects....................... 57,300,000
HC-130H conversion/sustainment projects......... 18,900,000
HH-65 conversion project........................ 50,800,000
Armed helicopter equipment...................... 24,600,000
C-130J fleet introduction....................... 5,800,000
--------------------------------------------------------
____________________________________________________
Subtotal, Aircraft.......................... 327,416,000
========================================================
____________________________________________________
Surface Ships:
National security cutter........................ 165,700,000
Patrol boats sustainment........................ 40,500,000
IDS small boats................................. 2,700,000
Medium endurance cutter sustainment............. 34,500,000
--------------------------------------------------------
____________________________________________________
Subtotal, Surface Ships..................... 243,400,000
C4ISR........................................... 89,630,000
Technology obsolescence prevention.............. 700,000
Logistics....................................... 36,500,000
System engineering and management............... 35,145,000
Government program management................... 50,475,000
--------------------------------------------------------
____________________________________________________
Subtotal, Integrated Deepwater System....... 783,266,000
========================================================
____________________________________________________
Rescissions:
UAV funding......................................... -33,821,524
OPC unobligated balances............................ -98,627,476
--------------------------------------------------------
____________________________________________________
Subtotal, rescissions....................... -132,449,000
========================================================
____________________________________________________
Total, Acquisition, Construction and
Improvements.............................. $992,634,000
Acquisition Project Information
As detailed in the House report, Coast Guard is directed to
relay acquisition project metrics to the Committees on
Appropriations and to include outyear funding estimates by
asset in the quarterly acquisition report.
Response Boat-Medium
The Committees on Appropriations provide $45,000,000 for
the response boat-medium (RB-M) instead of $9,200,000 as
proposed by the House and the Senate. Additional funding is
provided to support the acquisition of fourteen additional RB-
Ms. Recent studies have identified the lack of response boats
as an impediment to fully implementing Coast Guard's mission
requirements.
Interagency Port Security Operational Centers
The Committees on Appropriations provide $60,000,000 for
interagency port security operational centers as proposed by
the Senate instead of no funding proposed by the House. This
funding is provided to implement section 108 of the SAFE Port
Act. Within the total, up to $9,100,000 may be obligated for
Command 21. Coast Guard is directed to submit an expenditure
plan for interagency operational centers as detailed by the
Senate. Further, the Commandant of the Coast Guard is directed
to submit to the Committees on Appropriations a report on the
implementation and use of interagency operational centers for
port security under section 70107A of title 6, United States
Code. The report should include: (1) a detailed description of
the progress made in transitioning Project Seahawk in
Charleston, South Carolina, from the Department of Justice to
Coast Guard, including all projects and equipment associated
with that project; (2) a detailed description of the actions
being taken to assure the integrity of Project Seahawk and
ensure there is no loss in cooperation between the agencies
specified in section 70107A(b)(3) of title 46, United States
Code; and (3) a detailed description and explanation of any
changes in Project Seahawk as of the date of the report,
including any changes in Federal, State, or local staffing of
that project. This direction is in lieu of the Senate proposed
general provision.
Rescue 21
The Committees on Appropriations provide $80,300,000 for
Rescue 21, instead of $80,800,000 as proposed by the House and
the Senate. The Committees on Appropriations are concerned with
recent information concerning outages experienced by the Rescue
21 system, essentially rendering the system useless during
those instances. Within the last year over 394 outages have
been recorded by Coast Guard in seven locations. Included
within this: Atlantic City reported three outages lasting more
than 11 hours each; the Eastern Shore reported one outage
lasting more than 12 hours and seven outages lasting more than
two hours each; Mobile reported 12 outages ranging from 4.3 to
14.9 hours; and St. Petersburg reported ten outages ranging
from 4.1 to 14.8 hours. While outages undoubtedly occurred with
the legacy rescue system, outages with this new system should
be minimized and controlled as increased availability and
reliability are the cornerstones of the Rescue 21 system. It is
unclear if this outage problem has been addressed. Coast Guard
must address this problem before new locations are added to the
system. Coast Guard is directed to provide quarterly briefings
on the status of this program, including plans to address
outages.
Deepwater Expenditure Plan
The amended bill requires Coast Guard to submit an
expenditure plan for Deepwater that contains the following:
lifecycle staffing and training needs; identification of
procurement competition and procurement plans that do not rely
on a single entity or contract and contain only limited
indefinite delivery, indefinite quantity contracts; activities,
milestones, yearly costs, and lifecycle costs of each major
asset, including independent cost estimates; DHS Chief Human
Capital Officer certification of sufficient human capital
capabilities; identification of project balances by fiscal year
and operational gaps for each asset; DHS Chief Procurement
Officer (CPO) certification of investment management process
compliance; DHS CPO certification of compliance with Federal
acquisition rules and action taken to address areas of
noncompliance; status of open IG and GAO recommendations; and
identification of the use of the Defense Contract Auditing
Agency. GAO is directed to continue oversight of the Deepwater
program, with focus on review of the expenditure plan and
assessment of the operational gaps identified by the Coast
Guard and Coast Guard's plans to address these gaps. Coast
Guard is directed to brief the Committees on Appropriations on
the process it will use to resolve deviations from specified
contract requirements and to promptly notify the Committees on
Appropriations of specific procurement contract deviations.
Maritime Patrol Aircraft
The Committees on Appropriations provide $170,016,000 for
the maritime patrol aircraft as proposed by the Senate instead
of the $100,000,000 as proposed by the House. Bill language is
included providing that $70,000,000 of this amount may not be
obligated until Coast Guard certifies that this aircraft has
completed developmental testing and evaluation (DT&E). The
Committees on Appropriations are concerned about the
significant shortfall of maritime patrol aircraft (MPA)
resource hours currently confronting Coast Guard. Coast Guard
currently estimates that it will be nearly 50 percent below its
MPA resource hour needs in 2008. This shortfall is the result
of multiple factors, including the significant loss of legacy
aircraft over the last 16 years, and is exacerbated by delays
in DT&E and formal acceptance of the replacement MPA as
integration problems with the mission pallet are solved. The
failure to develop a cogent Unmanned Aerial Surveillance
program is also threatening the long-term plan to mitigate this
significant gap. Similar to the patrol boat mission hour
shortfall, Coast Guard let this gap languish for several years
before recognizing it as a substantial problem. Maritime
intelligence and surveillance capabilities are critical for
Coast Guard's effective execution of its maritime safety and
security mission. Therefore, Coast Guard is directed to analyze
short term stop-gap measures to address its MPA capability
needs until its large-scale acquisitions are in full operation.
Coast Guard should utilize outside experts to assist with this
analysis and brief the Committees on Appropriations on the
results of this analysis within six months from the date of
enactment of this Act. Coast Guard is directed to continue to
keep the Committees on Appropriations informed of the progress
of the DT&E of the MPA and to provide updated details on cost
and schedule resulting from the delayed acceptance of the MPA
mission pallet.
C-130J Missionization and Fleet Introduction
The Committees on Appropriations provide $5,800,000 for
fleet introduction of the C-130Js, as proposed by the House and
the Senate. The requested funds were to continue missionization
of six C-130J aircraft to include radars, sensors,
identification systems, displays, antennas, and a mission
operator's station. The Committees on Appropriations understand
that the missionization project has experienced an increase in
estimated cost that exceeds eight percent of the total
contracted cost and Coast Guard has directed an independent
audit of the project. Pending approval of a remediation plan to
address the cost overrun, Coast Guard does not intend to expend
funds missionizing C-130J four through six. Coast Guard is
directed to brief the Committees on Appropriations no later
than 45 days after enactment of this Act on the impact of
missionization delays on full fleet introduction; remediation
plans to address the cost overrun; and plans to address the gap
in flight hours lost due to project delays.
National Security Cutter
The Committees on Appropriations provide $165,700,000 for
the National Security Cutter (NSC) as proposed by the Senate
instead of $105,800,000 as proposed by the House. Since the
House and Senate bills passed, Coast Guard revised its budget
request to reflect changes in projected spending and need for
additional funds for the first three NSCs. In August 2007,
Coast Guard entered into a Consolidated Contract Action to
resolve all outstanding cost overruns incurred by the
contractor due to economic and customer changes that have
occurred over the past four years. As a result, the Committees
on Appropriations provide funding consistent with the revised
request for Government Furnished Equipment, certifications and
logistics for NSC #3 and #4, as well as long lead material for
the fourth NSC.
Replacement Patrol Boat
The replacement patrol boat procurement is critically
needed given the significant gap in patrol boat hours and the
delays of the Fast Response Cutter (FRC) program. Coast Guard
is directed to provide bimonthly briefings to the Committees on
Appropriations on the status of this procurement, including
critical decision points and dates, planned service life
extensions of existing 110-foot patrol boats, and patrol boat
operational metrics.
Rescissions
The amended bill rescinds $132,449,000 in unobligated
balances for the Offshore Patrol Cutter and the Unmanned Aerial
Vehicle. Both of these programs are in a state of pre-
acquisition and development. Funding has been provided in the
Research, Development, Test, and Evaluation appropriation for
Coast Guard to study the application of unmanned aerial
systems.
Sector New Orleans
Public Law 109-148 provided funding for Coast Guard to
repair the Sector New Orleans facility damaged as a consequence
of Hurricane Katrina. The Committees on Appropriations clarify
that this funding should be used for repair, construction, or
reconstruction.
ALTERATION OF BRIDGES
The amended bill provides $16,000,000 for Alteration of
Bridges as proposed by the House and Senate. Within this total,
funds shall be allocated as follows:
Burlington Northern Railroad Bridge in Burlington, Iowa. $1,000,000
Canadian Pacific Railway Bridge in LaCrosse, Wisconsin.. 3,500,000
Chelsea Street Bridge in Chelsea, Massachusetts......... 2,000,000
Elgin, Joliet, and Eastern Railway Company Bridge in
Morris, Illinois.................................... 2,000,000
Fourteen Mile Bridge in Mobile, Alabama................. 3,750,000
Galveston Causeway Bridge in Galveston, Texas........... 3,750,000
--------------------------------------------------------
____________________________________________________
Total....................................... $16,000,000
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
The amended bill provides $25,000,000 for Research,
Development, Test, and Evaluation instead of $17,583,000 as
proposed by the House and $25,583,000 as proposed by the
Senate. Additional funding above the request is for priority
research to determine the most effective unmanned aerial system
to operate off the NSC and for increased research on ways to
best manage ballast water to prevent the introduction and
spread of aquatic invasive species. Coast Guard is directed to
brief the Committees on Appropriations on the preliminary
results of the unmanned aerial system research.
RETIRED PAY
The amended bill provides $1,184,720,000 as proposed by
both the House and the Senate.
United States Secret Service
SALARIES AND EXPENSES
The amended bill provides $1,381,771,000 for U.S. Secret
Service Salaries and Expenses instead of $1,392,171,000 as
proposed by both the House and the Senate. This includes:
$853,690,000 for protective functions, including $85,250,000,
as requested, for Presidential candidate nominee protection,
$1,000,000 for National Special Security Events, $32,796,000
for relocation of the Joint Operations Center, and $16,201,000
for White House mail screening; and $300,193,000 for
investigations and field operations.
The following table specifies funding by budget program,
project, and activity:
Headquarters Management and Administration.............. 175,934,000
Protection:
Protection of Persons and Facilities................ 693,535,000
Protective Intelligence Activities.................. 57,704,000
National Special Security Event Fund................ 1,000,000
White House mail screening.......................... 16,201,000
Presidential candidate nominee protection........... 85,250,000
--------------------------------------------------------
____________________________________________________
Subtotal, Protection........................ 853,690,000
========================================================
____________________________________________________
Investigations:
Domestic field operations........................... 219,742,000
International field office administration operations 27,520,000
Electronic Crimes Special Agent Program and
Electronic Crimes Task Forces..................... 44,565,000
Support for missing and exploited children.......... 8,366,000
--------------------------------------------------------
____________________________________________________
Subtotal, Investigations.................... 300,193,000
========================================================
____________________________________________________
Training:
Rowley Training Center.................................. 51,954,000
========================================================
____________________________________________________
Total, Salaries and Expenses................ 1,381,771,000
Financial Management
The Committees on Appropriations note the Secret Service
has had difficulty managing its program budgets within
appropriated program, project, and activity levels. The
Congress appropriated independent protection and investigations
budgets for the Secret Service in fiscal year 2007 to reinforce
the importance of adequate financial controls. The Committees
on Appropriations agree to return the Secret Service budget
structure to a single ``Salaries and Expenses'' account as
proposed by both the House and Senate, and do not include a
more restrictive reprogramming threshold for the Secret
Service, as proposed by the House. The Secret Service is
directed to brief the Committees on Appropriations at least
quarterly on its budget execution, specifically detailing any
modifications to appropriated program, project and activity
levels. Since fiscal year 2008 includes a significant portion
of the workload associated with the Presidential campaign, it
will be critical for the Secret Service to pay close attention
to any variance in costs associated with candidate protection.
The Secret Service is further directed to ensure the necessary
financial controls are in place to comply with section 503 of
this Act.
Secret Service Overtime Workload
The Committees on Appropriations do not include a statutory
provision proposed by the House limiting annual Secret Service
overtime payments to no more than $35,000 for any individual
employee, unless waived by the Secretary of Homeland Security.
While other DHS law enforcement agencies are able to manage
their overtime budgets within this threshold, the Secret
Service contends that the specific demands of its missions,
combined with antiquated personnel and payroll systems,
preclude the agency from compliance with this requirement. The
Secret Service is directed to brief the Committees on
Appropriations before January 1, 2009 on the number of agency
employees who exceed $35,000 in annual overtime payments during
fiscal year 2008.
Non-Statutory Protective Details
The Secret Service, as directed by the Executive Office of
the President's Office of Administration, has disregarded a law
signed by the President on October 4, 2006. That statute
mandated that starting in fiscal year 2008, the Secret Service
spend its budget to protect only the President, Vice President,
Secretary of Homeland Security, and those authorized in 8
U.S.C. 3056(a), and that the cost of protecting any other
individuals be borne by the agency employing the protected
individual. Nevertheless, the fiscal year 2008 budget request
for the Secret Service included $3,100,000 to pay for the
protection of those not authorized in 8 U.S.C. 3056(a). This
disregard of the law is unacceptable.
Subsequent to submission of the fiscal year 2008 budget,
the Director of the Secret Service informed the Committees that
this cost could be absorbed within the agency's base budget. As
a result, the Committees on Appropriations deny the request for
an additional $3,100,000 and direct the Secret Service either
to recoup these costs through reimbursable agreements, or
reduce budgets for other activities to offset the cost of
protecting these individuals. The Secret Service is directed to
provide the Committees on Appropriations a quarterly briefing
at the appropriate level of classification about who it
protects, at what cost, and why.
White House Mail Processing
The Committees on Appropriations provide $16,201,000 for
the cost of screening mail sent to the White House complex as
proposed by the House and instead of $26,601,000 as proposed by
the Senate. While additional funds had been requested for the
purchase of new equipment for the White House mail screening
facility currently under construction, that building project
has been delayed and the Secret Service expressed doubt that
these funds can be obligated during the coming fiscal year.
The Secret Service is directed to explain to the Committees
on Appropriations as part of its fiscal year 2009 budget
justification the allocation of mail screening responsibilities
and budgetary resources between the Secret Service and the
Executive Office of the President, as detailed in the House
report. The Committees on Appropriations are unsure why on-
going operating costs for White House mail screening should be
borne by the Secret Service, since mail screening is a routine
administrative cost associated with White House operations.
E Street Closure
The Committees on Appropriations direct the Secret Service
to submit a report, developed jointly with the relevant
agencies and delivered concurrently with the fiscal year 2009
budget, on the agency's plan for improving the security and
aesthetic conditions of E Street, as detailed in the House
report.
Helicopter Deployments
The Secret Service is directed to provide a briefing to the
Committees on Appropriations on Federal costs incurred by
fiscal year since 1997 for all Secret Service-requested
helicopter deployments, as detailed in the House report.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The conferees provide $3,725,000 for United States Secret
Service Acquisition, Construction, Improvements, and Related
Expenses as proposed by the House and Senate.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
MANAGEMENT AND ADMINISTRATION
The amended bill provides $47,346,000 for Management and
Administration instead of $40,346,000 as proposed by the House
and $30,000,000 as proposed by the Senate. The Committees on
Appropriations consolidate and provide $9,412,000 for
Departmental risk management and analysis, as proposed by the
House. This amount includes up to $1,000,000 for the National
Academy of Sciences to review the Department's approach to
measuring risk, as discussed in the House report. Of the total
provided for Management and Administration, $5,000,000 of the
appropriation is withheld from obligation until the Department
provides an expenditure plan to the Committees on
Appropriations.
Shared Services
In the Statement of Managers accompanying the Department of
Homeland Security Appropriations Act of 2007 (Public Law 109-
295), the conferees directed the Government Accountability
Office (GAO) to review the use of ``shared services'' at the
Preparedness directorate, which was the bureaucratic precursor
to the National Protection and Programs directorate. GAO found
that the Preparedness directorate used none of the legal
authorities available to it to move resources between
appropriations to fund its ``shared services'' initiatives. GAO
concluded that the directorate's actions were not adequate to
establish the valid intra-agency agreements necessary to
fulfill Economy Act requirements for funds transfers, and that
the directorate did not execute any of the official documents
required by law. The GAO report points out the Department may
be able to use the account adjustment statute to ``adjust
expired fiscal year 2006 directorate appropriations to correct
these errors. If any of the appropriations that funded the
directorate do not have available unobligated balances to cover
the adjustments, the directorate should report an
Antideficiency Act violation.''
The Committees on Appropriations direct the Department to
respond to GAO's legal opinion, to balance the former
Preparedness directorate's books, and, if it cannot do so using
the account adjustment statute, report an Antideficiency Act
violation.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
The amended bill provides $654,730,000 for Infrastructure
Protection and Information Security (IPIS) instead of
$532,881,000 proposed by the House and $522,099,000 proposed by
the Senate. This amount includes an additional $115,000,000 for
Cyber Security requested in the President's budget amendment
submitted on November 6, 2007. Funding is allocated as follows:
Infrastructure Protection:
Identification and Analysis......................... $69,522,000
Coordination and Information Sharing................ 68,821,000
Mitigation Programs................................. 134,253,000
Cyber Security.......................................... 210,413,000
National Security/Emergency Preparedness
Telecommunications:
Priority Telecommunications......................... 82,821,000
Next Generation Networks............................ 21,100,000
Programs to Study and Enhance Telecommunications.... 16,000,000
Critical Infrastructure Protection.................. 16,100,000
Office of Emergency Communications...................... 35,700,000
--------------------------------------------------------
____________________________________________________
Total, Infrastructure Protection and
Information Security...................... 654,730,000
National Infrastructure Protection Plan (NIPP)
The Committees on Appropriations provide $31,702,000 for
NIPP implementation, instead of $40,702,000 proposed by the
House. The Committees on Appropriations provide $19,519,000 for
related sector-specific agency management, instead of
$21,519,000 proposed by the House. The Assistant Secretary for
Infrastructure Protection is directed to provide the Committees
on Appropriations with semi-annual briefings on progress
implementing the NIPP, instead of quarterly briefings as
directed in the House report.
Critical Infrastructure Warning Network (CWIN)
The Committees on Appropriations provide $8,896,000 for
CWIN, instead of $12,896,000 proposed by the House.
Chemical Facility Security Regulations
The Committees on Appropriations provide $50,000,000 for
implementation of chemical facility security regulations by the
Assistant Secretary of Infrastructure Protection, instead of
$40,000,000 proposed by the Senate.
Secure Handling of Ammonium Nitrate
At the request of the authorizing committees of
jurisdiction, the Committees on Appropriations have included a
statutory provision establishing a registration system for
producers, sellers, and purchasers of ammonium nitrate, as
proposed by the Senate. Within 60 days of enactment of this
Act, the Deputy Under Secretary for Protection and Programs is
directed to provide the Committees on Appropriations a plan to
implement this new provision, including an analysis of the
resources required to do so, and a proposal for reallocating
funding within the National Protection and Programs Directorate
budget to fund this initiative.
National Infrastructure Simulation and Analysis Center (NISAC)
The Committees on Appropriations provide $20,000,000 for
NISAC instead of $24,348,000 proposed by the House and
$25,000,000 as proposed by the Senate.
Bombing Prevention
The Committees on Appropriations provide $10,043,000 for
the Office for Bombing Prevention (OBP) as proposed by the
Senate. These funds will allow the OBP to continue its critical
work building awareness of the threat of improvised explosive
devices.
The Department has not provided the Committees on
Appropriations the National Strategy for Bombing Prevention, as
required by the Statement of Managers accompanying the
Department of Homeland Security Appropriations Act of 2007
(Public Law 109-295). The White House has subsequently released
Homeland Security Presidential Directive 19 instructing the
Departments of Homeland Security and Justice, along with other
agencies, to develop the same. The Secretary of Homeland
Security is directed to submit this strategy to the Committees
on Appropriations as soon as possible, and if unable to do so
by the deadline noted in this statement, to explain in writing
the cause of the delay.
Infrastructure Monitoring
The National Infrastructure Protection Plan identifies
national monuments and icons as a vulnerable sector of the
nation's infrastructure, since attacks against these treasures
offer high symbolic value to those who would do our country
harm. Unlike privately owned infrastructure, however, national
monuments and icons belong to the entire citizenry, and
therefore require Federal resources to ensure their protection.
The Committees on Appropriations provide $2,000,000 for the
City of Philadelphia's infrastructure monitoring program, which
will help safeguard that community's historic sites.
National Computer Forensics Training Institute
The information requirement about establishment of the
National Computer Forensics Training Institute, as directed by
the House report, has been fulfilled.
Cyber Security Training
The Committees on Appropriations are concerned State and
local officials are not prepared to respond to attacks on cyber
infrastructure. The National Cyber Security Division's (NCSD)
``CyberStorm'' exercises highlight the modes and methods of
cyber attacks, but there remains a need for more routine and
practical cyber security training at the State and local level.
The Center for Infrastructure Assurance and Security at the
University of Texas at San Antonio has developed a structured
approach to preparing State and local officials for possible
cyber attacks. The ``Community Cyber Security Maturity Model''
(CCSMM) and training programs help increase the readiness of
those who are likely to receive early notification of attacks
on computer networks, control systems, or other cyber
infrastructure. The Committees on Appropriations direct
$4,000,000 for the further development, evaluation, and
implementation of the CCSMM training curriculum and to deliver
training to at least three States, selected on a competitive
basis, to improve their cyber security response capabilities.
Next Generation Networks
The Committees on Appropriations provide $21,100,000 for
Next Generation Networks as proposed by the Senate instead of
$18,065,000 as proposed by the House.
Interoperable Communications in the National Capital Region
The presence of the Federal government in the National
Capital Region, along with the multiple jurisdictions that
surround the District of Columbia, create unique communications
challenges for Federal, State, and local officials. Several
capital-area jurisdictions, along with select Federal agencies,
have addressed many of these challenges by implementing the
Capital Wireless Information Network (CapWIN) system. The
Committees on Appropriations provide $6,100,000 for full
deployment of CapWIN across the National Capital Region.
Office of Emergency Communications
The Committees on Appropriations provide $35,700,000 for
the Office of Emergency Communications (OEC) instead of
$45,700,000 as proposed by the House and $45,915,000 as
proposed by the Senate. The Committees on Appropriations note
that OEC has not obligated $12,000,000 in interoperability
resources made available in the fiscal year 2007 emergency
supplemental. The Committees on Appropriations recognize that
one of the most important roles OEC may play is to provide
technical assistance to State and local entities working toward
emergency communications interoperability, and urge OEC to
accelerate its efforts to help these entities achieve
interoperability.
Integrated Wireless Network
The Department is directed to report to the Committees on
Appropriations on efforts at the Office of Emergency
Communications to address shortcomings identified by the
Department of Justice Office of Inspector General on the
Integrated Wireless Network (IWN) project, as directed in the
House report.
National Strategy on Closed Circuit Television
The Department is directed to provide the Committees on
Appropriations a national strategy on closed circuit
television, as proposed in the Senate bill.
Critical Infrastructure Vulnerability
The Committees on Appropriations direct the Department to
use no funds to limit implementation of Homeland Security
Presidential Directive 7, as proposed by the House.
United States Visitor and Immigrant Status Indicator Technology
The amended bill provides $475,000,000 for United States
Visitor and Immigrant Status Indicator Technology (US-VISIT),
instead of $462,000,000 as proposed by the House and
$362,000,000 as proposed by the Senate, and of which
$275,000,000 is designated emergency funding. $13,000,000 above
the request is included to expedite implementation of an air
and sea exit solution. As in recent years, the Committees on
Appropriations retain a requirement for an expenditure plan and
provide that $125,000,000 shall not be available for obligation
until the plan has been reviewed by the Government
Accountability Office and approved by the Committees on
Appropriations. The plan need not include submission of a new
strategic plan, as proposed by the House; however, it shall
include detailed information on implementation of biometric
exit solutions and the management of identity services. The
Department is also directed to continue to provide quarterly
reports on US-VISIT implementation, to include coordination
with the Western Hemisphere Travel Initiative, the Secure
Border Initiative, and other DHS efforts related to border
security and interdiction of terrorist travel.
Unique Identity
The Committees on Appropriations strongly support efforts
aimed at achieving real-time interoperability between the DHS
Automated Biometric Identification System (IDENT) and the FBI's
Integrated Automated Fingerprint Identification System (IAFIS),
and completing the transition to a standard of capturing all 10
fingerprints of visitors to the United States. This collective
effort has been combined with the assignment to US-VISIT of the
mission to manage an interagency database of biometric data
from multiple sources now referred to as ``Unique Identity''.
The Committees on Appropriations are concerned with the
organizational alignment of US-VISIT to all DHS and other
participating agencies, and especially US-VISIT's capacity to
fulfill the mission requirements of the Unique Identity
initiative. The program office is directed to continue
providing joint quarterly briefings on all aspects of
implementing Unique Identity.
Exit
The Committees on Appropriations are frustrated that, after
years of pilot testing, no viable air, sea, or land exit
capability has been integrated within the US-VISIT system.
While the Committees on Appropriations are concerned about the
prospects of the Department's implementation of a proposed air
exit solution in coordination with the airlines by the end of
2008, they are encouraged that the program appears to finally
be getting much needed attention from senior Departmental
management. Therefore, the Committees on Appropriations include
$13,000,000 in additional funding to facilitate implementation
of exit solutions for air and sea ports of entry by the end of
2008. The Committees on Appropriations expect DHS to assess
whether an exit solution for the land borders is feasible and,
if so, detail the specific steps, funding, and schedule
required to achieve one. If it is not achievable at this time,
the Department is directed to explain its rationale and
describe the value of a US-VISIT program that lacks such a
solution.
Office of Health Affairs
The amended bill provides $116,500,000 for Office of Health
Affairs (OHA) instead of $117,933,000 as proposed by the House
and $115,000,000 as proposed by the Senate. Of this amount,
$24,317,000 is for salaries and expenses.
The Committees on Appropriations provide up to $2,000,000
for OHA to enter into a grant or contract with the National
Academy of Sciences (NAS) to evaluate the effectiveness of
BioWatch, including the reliability of monitoring data and the
ability of hospitals and public health officials to respond
based on information received from those systems. As part of
the analysis, NAS should compare the benefits and costs of
generation 2 BioWatch technology with generation 3 technology.
NAS should also assess the cost and benefits of an enhanced
national surveillance system that relies on U.S. hospitals and
the U.S. public health system and compare the effectiveness of
such a system with the current BioWatch approach. A final
report should be completed before the end of fiscal year 2008
and provided to the Committees on Appropriations.
OHA is currently piloting the Automated Pathogen Detection
System (APDS), a technology similar to other potential
generation BioWatch systems. The Committees on Appropriations
are concerned that OHA is not field testing and piloting
similar technologies together and urge OHA to incorporate APDS
into its Band system generation field testing and pilot
program.
OHA is not directed to evaluate possible health effects
associated with the presence of formaldehyde gas in FEMA
trailers and instead FEMA is directed to work with OHA on
testing trailer air quality and developing policies for those
people remaining in FEMA issued trailers.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
The amended bill provides $664,000,000 for Federal
Emergency Management Agency (FEMA) Management and
Administration instead of $685,000,000 as proposed by the House
and $678,600,000 as proposed by the Senate. In addition, up to
$60,000,000 is available for transfer from the Disaster Relief
Fund, of which $48,000,000 is to support the continuing effort
to professionalize FEMA's emergency workforce, as proposed by
the Senate and $12,000,000 is for activities related to the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act. The Committees on Appropriations note FEMA's delay in
converting disaster Cadre of On-call Response Employees (CORE)
to full-time status. Therefore, prior to the obligation of
$30,000,000 of the $48,000,000 for the conversion of positions,
FEMA shall submit an implementation plan to the Committees on
Appropriations. The plan shall include an expenditure plan, a
hiring schedule, and a list of positions to be filled by CORE
employees, including where they will be located. The amended
bill contains a provision allowing the transfer of up to three
percent of State and Local programs administrative costs to
Management and Administration.
Budget Submission
The Committees on Appropriations created one Management and
Administration account for FEMA in the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007, Public Law 110-28, in May 2007. The
amended bill contains a new provision directing FEMA to submit
its fiscal year 2009 budget request, including justification
materials, by office. Each office and FEMA region shall provide
(1) budget detail by object classification; (2) the number of
full-time equivalents on board; (3) the number of full-time
equivalent vacancies; and (4) the appropriation account(s) used
to support the office and the programs managed by the office.
Strengthening Core Competencies
The Committees on Appropriations provide $100,000,000 for
FEMA to strengthen its core competencies as proposed by the
House and Senate. FEMA is directed to brief the Committees on
Appropriations no later than March 15, 2008 on progress in
strengthening these core competencies. The briefing should
include details on how this funding has and will be used to
improve the agency's ability to prevent, prepare for, respond
to, and mitigate disasters.
Urban Search and Rescue Response System
The amended bill provides $32,500,000 for the Urban Search
and Rescue Response System instead of $35,000,000 as proposed
by the House and $30,000,000 as proposed by Senate.
Office of National Capital Region Coordination
The amended bill provides $6,000,000 for the Office of
National Capital Region Coordination as proposed by the Senate
instead of up to $6,000,000 as proposed by the House. The
amended bill contains a provision requiring the inclusion of
the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania in the National Capital Region
decision-making and planning process for mass evacuation.
Office of Chief Counsel
The Committees on Appropriations are aware stumbling blocks
remain within FEMA, preventing it from transforming into a
first-class proactive emergency management agency. One concern
is the Office of Chief Counsel (OCC), whose role should be to
advise FEMA within the bounds of the law, to best protect and
serve American citizens during emergencies. FEMA is directed to
brief the Committees on Appropriations on plans to revamp OCC
to allow it to better support FEMA's mission and leadership.
The plan should include office structure, staffing levels, and
training.
Regional Offices
FEMA is directed to fulfill the requirements of section 507
of the Homeland Security Act of 2002, which requires robust
FEMA regional offices. Additionally, the Committees on
Appropriations recognize the importance of promoting
interoperability and strong regional collaboration and direct
FEMA to ensure personnel who understand the technical and
administrative issues surrounding interoperability are located
in each regional office.
Disability Coordinator
The Committees on Appropriations expect the Department to
fully support the Office of the Disability Coordinator (ODC) as
discussed in the Senate report. ODC is directed to work with
disability organizations in emergency preparedness and response
efforts to ensure the needs of the more than 54 million
Americans with a physical, sensory, or cognitive disability are
incorporated into disaster plans. ODC is further directed to
build on longstanding programs, such as the Emergency
Preparedness Initiative program, in order to serve as a
resource for the nation on special needs.
Federal On-Scene Coordinator
The Committees on Appropriations direct FEMA to provide a
briefing on the toxic pollutant work of the Federal On-Scene
Coordinator following Hurricane Katrina.
Federal Preparedness Coordinators
The Committees on Appropriations do not prevent the hiring
of Federal Preparedness Coordinators (FPCs) as proposed by the
Senate. The role of FPCs has been clarified by FEMA,
alleviating original concerns that the position was
duplicative.
Emergency Alert System
The Committees on Appropriations direct FEMA to provide a
briefing on its plans to address GAO's recommendation on the
shortcomings of the Emergency Alert System. The Committees on
Appropriations are concerned adequate systems are not in place
nationwide to provide information to the public prior to,
during, and after disasters. In particular, a gap remains in
the use of an integrated system combining the use of desktop
applications, mobile devices, and the web to educate the
public. Therefore, the Committees on Appropriations provide
$1,000,000 to pilot technology that would facilitate the use of
direct messaging to the public. FEMA should share lessons
learned with other State and local governments.
Disaster Logistics
The Committees on Appropriations provide $61,553,000 for
disaster logistics as proposed by both the House and Senate.
FEMA is directed to provide quarterly briefings on its progress
to improve its logistics program. FEMA is encouraged to
continue to preposition critical supplies needed during
disaster response, including generators, blankets, water, and
portable water purification systems near potential disaster
areas.
Information Technology
The Committees on Appropriations direct FEMA to provide a
five-year plan for its information technology systems ten
months after the date of enactment of this Act as discussed in
the Senate report.
Document Management And Records Tracking System
The Committees on Appropriations direct FEMA to fully fund,
at no less than $6,000,000, based on competitive award, the
completion of the Document Management And Records Tracking
System.
National Fire Incident Reporting System
The Committees on Appropriations provide $1,000,000 for
development of a web-based version of the National Fire
Incident Reporting System. The Committees on Appropriations
expect this investment to improve the timeliness and accuracy
of data, and help Federal, State, and local governments
identify nationwide trends in fire and emergency-related deaths
and property loss. The United States Fire Administration should
lead this initiative.
Integrating Preparedness and Response
The Committees on Appropriations provide up to $1,000,000
for FEMA to enter into a grant or contract with the National
Academy of Public Administration to review the integration of
preparedness and response programs, as proposed in the House
report. This review should focus on organizational structure,
hiring plans and goals, coordination and integration
mechanisms, and other areas FEMA may identify. This study shall
be completed by the end of fiscal year 2008 and provided to the
Committees on Appropriations.
National Response Framework
The Committees on Appropriations note the National Response
Plan is now called the National Response Framework and the
National Preparedness Goal is now called National Preparedness
Guidelines. Neither document is complete, even though these are
critical national documents relied on by State and local
governments. The Department is directed to incorporate public
comment and finalize these important documents as soon as
possible. The Committees on Appropriations direct the GAO to
evaluate the process used to update the National Response
Framework as discussed in the House report. This review should
help the Department make improvements to the process so that
future updates will be more inclusive of State and local
governments.
Federal Agency Emergency Preparedness
The Committees on Appropriations direct FEMA to provide a
report regarding the preparedness level of federal agencies
designated to lead Emergency Support Functions as discussed in
the Senate report. This report shall be provided to the
Committees on Appropriations 10 months after the date of
enactment of this Act.
Children and Disaster Preparedness
The Committees on Appropriations direct FEMA to assist
communities by ensuring disaster preparedness and response
education materials are developed and distributed to children.
The needs of children, who are among the most vulnerable
members of the population, are often overlooked when it comes
to preparedness and response. Their needs during and following
a disaster are vastly different than those of adults.
Disaster Planning Guidance
The Committees on Appropriations recognize guidelines for
State and local communities regarding the needs of individuals
with pets and service animals before, during, and after a
disaster have been issued through the draft National Response
Framework, and other recent documents. FEMA is encouraged to
assist communities in implementing the guidelines as soon as
possible.
U.S. Flag Territories
The Committees on Appropriations are concerned about the
nation's capacity to respond to disaster victims in the remote
areas of the U.S. Flag Territories in the Pacific Ocean. FEMA
is directed to analyze the regional all-hazard response
capacity for this region and make recommendations as to how it
might be improved.
2004 Hurricanes
FEMA is directed to maintain the Florida long-term recovery
office as long as there is sufficient work left to be done
following the four 2004 hurricanes that struck the State. FEMA
is further directed to notify the Committees on Appropriations
prior to closing the office.
Formaldehyde
The Committees on Appropriations encourage FEMA to continue
the practice of making available alternate housing for disaster
victims who request a move due to concerns regarding
formaldehyde exposure in manufactured housing. FEMA is directed
to complete initial testing of formaldehyde levels in
manufactured housing, which began in March 2006, and analyze
those results. FEMA shall continue working with the DHS Office
of Health Affairs and the Centers for Disease Control on
testing trailer air quality and developing policies for those
remaining in FEMA issued trailers.
The Committees on Appropriations are concerned FEMA does
not have proper controls and processes in place to address
emerging issues, especially health concerns, during disaster
recovery. FEMA is directed to ensure proper training for
employees who work directly with disaster victims has been
provided so emerging issues are quickly identified by FEMA and
consistent and correct information is distributed to the public
in a timely manner. Additionally, the Committees on
Appropriations direct the Inspector General to report to the
Committees on Appropriations, the Senate Committee on Homeland
Security and Government Affairs, and the House Transportation
and Infrastructure Committee regarding FEMA's decision-making
regarding formaldehyde in trailers.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $3,177,800,000, of which
$110,000,000 is designated as emergency, instead of
$3,202,000,000 as proposed by the House and $3,130,500,000 as
proposed by the Senate. State and Local Programs funding is
allocated as follows:
State Homeland Security Grant Program (SHSGP)........... $950,000,000
Urban Area Security Initiative (UASI)................... 820,000,000
Regional Catastrophic Preparedness Grants............... 35,000,000
Metropolitan Medical Response System.................... 41,000,000
Citizen Corps Program................................... 15,000,000
Public Transportation Security Assistance and Railroad
Security Assistance................................. 400,000,000
Port Security Grants.................................... 400,000,000
Over-the-Road Bus Security Assistance................... 11,500,000
Trucking Industry Security Grants....................... 16,000,000
Buffer Zone Protection Program Grants................... 50,000,000
Real ID grants.......................................... 50,000,000
Commercial Equipment Direct Assistance Program.......... 25,000,000
Interoperable Emergency Communications Grant Program.... 50,000,000
Emergency Operations Centers............................ 15,000,000
National Programs:
National Domestic Preparedness Consortium........... 88,000,000
Center for Domestic Preparedness.................... 62,500,000
National Exercise Program........................... 50,000,000
Technical Assistance................................ 12,000,000
Demonstration Training Grants....................... 28,000,000
Continuing Training Grants.......................... 31,000,000
Evaluations and Assessments......................... 19,000,000
Rural Domestic Preparedness Consortium.......... 8,800,000
--------------------------------------------------------
____________________________________________________
Total State and Local Programs.............. $3,177,800,000
The amended bill contains provisions: (1) allowing the
transfer of up to three percent of State and Local programs
dollars to Federal Emergency Management Agency's (FEMA)
Management and Administration account in order to simplify
accounting practices within the agency for administrative
costs; (2) designating certain timeframes for grant processing;
(3) requiring grantees provide additional reports as determined
necessary by the Secretary; and (4) requiring GAO to report on
the data, assumptions, and methodology that DHS uses to assess
risk and allocate UASI and SHSGP funds, including the
reliability and validity of the data used, the basis for the
assumptions used, and how the methodology is applied to
determine the risk scores for individual locations and the
allocation of grant funds. GAO is to report to the Committees
on Appropriations on its findings not later than 45 days after
the date of enactment of this Act.
For the purposes of eligibility for funds any county, city,
village, town, district, borough, parish, port authority,
transit authority, intercity rail provider, commuter rail
system, freight rail provider, water district, regional
planning commission, council of government, Indian tribe with
jurisdiction over Indian country, authorized tribal
organization, Alaska Native village, independent authority,
special district, or other political subdivision of any State
shall constitute a ``local unit of government.'' The recent
enactment of the 9/11 Act codified many of the issues
previously addressed by the Committees on Appropriations
including: the formula for the distribution of SHSGP; purposes
of SHSGP, UASI, and the Law Enforcement Terrorism Prevention
Program; circumstances under which overtime or construction are
allowable; State passthrough requirements for SHSGP, UASI, and
Interoperability grants; purposes of transit and railroad
security grants; purposes of Over-the-Road bus security grants;
and allowable uses of the Public Safety Interoperable
Communications grant program. Accordingly, language contained
in the House and Senate versions of the bill and report has
been substantially modified in the amended bill.
The Committees on Appropriations direct FEMA to work with
the National Protection and Programs Directorate to utilize the
results from the National Academy of Sciences study regarding
incorporating natural disasters into the risk formula, once it
is completed, as detailed in the House report.
The Committees on Appropriations urge the Department to
work with State and local governments to ensure regional
authorities, such as port, transit, or tribal authorities, are
given due consideration in the distribution of state formula
grants. The Department is encouraged to consider the need for
mass evacuation planning and pre-positioning of equipment for
mass evacuations in allocating first responder funds.
FEMA is directed, in conjunction with the Office of Health
Affairs, to report to the Committee regarding the current state
of disaster preparedness capabilities of emergency medical
services and the capabilities required to meet future
preparedness goals. This report is due no later than five
months after the enactment of this Act and shall include an
analysis of the gap between current and target capabilities.
FEMA is directed to include in its grants guidance, language
requiring State and local governments to include EMS providers
in their Statewide Homeland Security Plans as well as their
UASI plans. If no State or local funding is provided to EMS,
the State should justify lack of funding through demonstrating
related targeted capabilities have been met or identify other
pressing priorities.
State Homeland Security Grant Program
The amended bill provides $950,000,000 for the State
Homeland Security Grant Program (SHSGP). There is no separate
line item for the Law Enforcement Terrorism Prevention Program
(LETPP), in accordance with the 9/11 Act, which mandates that
at least 25 percent of SHSGP and Urban Area Security Initiative
funds be used for LETPP activities. The amended bill contains a
provision directing that the Commonwealth of Puerto Rico shall
be considered a State in the allocation of grant funds to local
and tribal governments.
Included within the amount provided is $60,000,000 for
Operation Stonegarden, designated as an emergency. All awards
under Operation Stonegarden shall be made on a competitive
basis to units of local government in counties along land
borders of the United States, including towns, cities, and
counties, to enhance the coordination between local and federal
law enforcement agencies. Eligible costs include, but shall not
necessarily be limited to: overtime; vehicle maintenance;
vehicle and equipment rental costs; reimbursement for mileage;
fuel costs; equipment replacement costs; and travel costs for
law enforcement entities assisting other local jurisdictions in
law enforcement activities.
Urban Area Security Initiative
The amended bill provides $820,000,000 for Urban Area
Security Initiative (UASI) as proposed by the Senate and
instead of $850,000,000 as proposed by the House. Within this
funding, the Committees on Appropriations provide $15,000,000
for grants to non-profit organizations determined by the
Secretary to be at high risk of terrorist attack. The Secretary
shall consider prior threats or attacks against similar
organizations when determining risk, and shall notify the
Committees on Appropriations of the high risk or potential high
risk to each designated tax exempt grantee at least five full
business days in advance of the announcement of any grant
award.
GAO is directed to provide a report to the Committees on
Appropriations, which describes the criteria and factors used
to determine the regional boundaries for UASI regions,
including changes as a result of the enactment of the 9/11 Act.
The report shall also provide an analysis of how such
boundaries impact regional cooperation.
The Committees on Appropriations include language in NPPD
related to the Capital Wireless Integrated Network.
Regional Catastrophic Preparedness Grants
The amended bill provides $35,000,000 for Regional
Catastrophic Preparedness grants instead of $50,000,000 as
proposed by the Senate. The House did not include funding. Of
this amount $18,000,000 shall be for tier one UASI regions, no
more than $3,000,000 shall be for technical assistance, and the
remaining funds shall be allocated based on all-hazards. These
grants should fund multi-jurisdictional efforts to promote
regional approaches to catastrophic events, including mass
evacuation. The Committees on Appropriations direct the
Department to expeditiously award the funds provided under this
heading and the $35,000,000 provided in the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007, Public Law 110-28.
FEMA shall brief the Committees on Appropriations by September
15, 2008, on the preparedness assets (fuel, water,
communications) that have been staged and/or deployed pursuant
to this program in this and previous years.
Metropolitan Medical Response System
The amended bill provides $41,000,000 for the Metropolitan
Medical Response System instead of $50,000,000 as proposed by
the House and $33,000,000 as proposed by the Senate. The
Committees on Appropriations do not include language directing
that the grants be competitively awarded as proposed by the
House.
Citizen Corps
The amended bill provides $15,000,000 for the Citizen Corps
program as proposed by the Senate instead of $17,000,000 as
proposed by the House.
Public Transportation Security Assistance and Railroad Security
Assistance
The amended bill provides $400,000,000 for Public
Transportation Assistance and Railroad Security Assistance.
Within the funding provided, no less than $25,000,000 is for
Amtrak.
Port Security Grants
The amended bill provides $400,000,000 for port security
grants as proposed by both the House and the Senate.
Over-The-Road Bus Security Assistance
The amended bill provides $11,500,000 for Over-the-Road bus
security grants instead of $11,000,000 as proposed by the House
and $12,000,000 as proposed by the Senate.
Trucking Industry Security Grants
The amended bill provides $16,000,000 for trucking industry
security grants as proposed by the Senate instead of
$10,000,000 as proposed by the House. The funding is to be
competitively awarded. FEMA is directed to submit an
expenditure plan as detailed in the House report.
Buffer Zone Protection Program
The amended bill provides $50,000,000 for the Buffer Zone
Protection Program as proposed by the Senate instead of
$100,000,000 as proposed by the House.
REAL ID Grants
The amended bill provides $50,000,000 for REAL ID grants as
proposed by the House. The total is designated as an emergency.
In addition, States may opt to enhance REAL ID capabilities by
using State homeland security grants for this purpose. The
Committees on Appropriations note that no funds were requested
for REAL ID in the President's budget and provide this funding
to assist States in complying with this Federal mandate. Funds
are available until September 30, 2008.
Commercial Equipment Direct Assistance Program
The amended bill provides $25,000,000 for the Commercial
Equipment Direct Assistance Program instead of $20,000,000 as
proposed by the House and $40,000,000 as proposed by the
Senate. The Committees on Appropriations do not direct the
program be changed to a grant program as proposed by the House.
Interoperable Emergency Communications Grants
The amended bill provides $50,000,000 for Interoperable
Emergency Communication Grants as proposed by the House instead
of $100,000,000 as proposed by the Senate. This program shall
be implemented in accordance with the 9/11 Act. The Committees
on Appropriations direct a briefing on the implementation of
GAO recommendations contained in GAO-07-031.
Emergency Operations Centers
The amended bill provides $15,000,000 for Emergency
Operations Centers (EOC). The Committees on Appropriations are
aware of the needs of State and local governments for adequate
emergency operations centers to improve unified command
capabilities. Therefore funding is included for the equipping,
upgrading, and constructing of EOCs pursuant to section 614 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, as amended by the 9/11 Act.
Grant Management System
The Committees on Appropriations urge FEMA to consider the
use of tracking and accountability systems to assist in
managing grant allocations, distribution, expenditures, and
asset tracking, and encourage usage of multi-state cooperative
purchasing agreements.
Slowness in Awarding Grants
The Committees on Appropriations direct FEMA to implement
the law, including the timeframes for issuing State and local
grant funds. It is imperative the agency and the Department
take State and local partners in homeland security seriously by
ensuring needed resources are expeditiously provided for known
risks.
National Programs
The amended bill provides $299,300,000 for training,
exercises, technical assistance, and other programs instead of
$293,000,000 as proposed by the House and $294,500,000 as
proposed by the Senate.
National Domestic Preparedness Consortium
Included within the amount provided for National Programs,
$88,000,000 is for the National Domestic Preparedness
Consortium as proposed by both the House and Senate. Consortium
members funded in fiscal year 2007 shall receive $22,000,000
pursuant to the 9/11 Act.
Center for Domestic Preparedness
Included within the amount provided for National Programs,
$62,500,000 is for the Center for Domestic Preparedness as
proposed by the Senate instead of $57,000,000 as proposed by
the House. Within the funding provided, $5,500,000 is for the
Noble Training Center. The amended bill contains language
providing the Center authority to accept reimbursements from
others receiving training.
Rural Domestic Preparedness Consortium
Included within the amount provided for National Programs,
$8,800,000 is for the Rural Domestic Preparedness Consortium
(RDPC). The RDPC provides technical assistance and training for
terrorism prevention, preparedness, response, and recovery in
support of rural homeland security requirements. FEMA is
directed to continue the development of specialized and
innovative training curricula for rural first responders and
ensure the coordination of such efforts with existing grants
and training partners.
Technical Assistance
Included within the amount provided for National Programs,
$12,000,000 is for technical assistance instead of $18,000,000
as proposed by the House and $14,000,000 as proposed by the
Senate.
Demonstration Training Grants
Included within the amount provided for National Programs,
$28,000,000 is for demonstration training grants as proposed by
the Senate. The House included funding for a program which
combined the demonstration and continuing training grants. FEMA
shall give priority to training that benefits nation-wide
initiatives including those that identify and disseminate
preparedness and response best practices to States and locals
and are conducted at or in cooperation with universities,
colleges, and community colleges.
Continuing Training Grants
Included within the amount provided for National Programs,
$31,000,000 is for continuing training grants as proposed by
the Senate. The House included funding for a program which
combined the demonstration and continuing training grants. The
Committees on Appropriations support programs which
consistently deliver homeland security curricula in the form of
executive education programs and accredited Masters Degree
education. The Committees on Appropriations recommend full
funding for the graduate-level homeland security education
programs currently supported by the Department and encourage
the Department to leverage these existing programs to meet the
growing need for graduate-level education.
Evaluations and Assessments
Included within the amount provided for National Programs,
$19,000,000 is for evaluations and assessments as proposed by
the House and the Senate. FEMA shall brief the Committees on
Appropriations every six months on results from completed
evaluations instead of the requirement for FEMA to provide the
results of all evaluations within 30 days of completion as
proposed by the House.
FIREFIGHTER ASSISTANCE GRANTS
The amended bill provides $750,000,000 instead of
$805,058,000 as proposed by the House and $705,000,000 as
proposed by the Senate. Of this amount, $190,000,000 shall be
for firefighter staffing, as authorized by section 34 of the
Federal Fire Prevention and Control Act of 1974, instead of
$235,058,000 as proposed by the House and $145,000,000 as
proposed by the Senate. The Committees on Appropriations agree
to make $3,000,000 available for implementation of section
205(c) of Public Law 108-169, the United States Fire
Administration Reauthorization Act of 2003 to be competitively
awarded. Grants under sections 33 and 34 of the Federal Fire
Prevention and Control Act of 1974 are available until
September 30, 2009, as proposed by the House. FEMA is
encouraged to consider planning and preparation for wildfires
in the allocation of fire prevention programs.
The Committees on Appropriations direct GAO to review the
application and award process for the Assistance to
Firefighters (FIRE) grants and Staffing for Adequate Fire and
Emergency Response (SAFER) grants as detailed in the House
report. FEMA shall peer-review FIRE and SAFER grant
applications which meet criteria established by FEMA and the
Fire Service. Those criteria necessary for peer-review must be
included in the grant application package. Applicants whose
grant applications are not reviewed must receive an official
notification detailing why the application did not meet the
criteria for review. Applications must be rank-ordered, and
funded following the rank order.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
The amended bill provides $300,000,000 as proposed by both
the House and the Senate. The Committees on Appropriations
direct FEMA to retain the Emergency Management Performance
Grants as a separate grant program, and to continue funding
personnel expenses. Funds shall be used for all-hazards
activities.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The amended bill provides for the receipt and expenditure
of fees collected, as authorized by Public Law 105-276, as
proposed by both the House and the Senate. The Committees on
Appropriations are concerned experiences and lessons learned
through the Radiological Emergency Preparedness Program (REPP)
are not being shared with other Department components, and urge
greater coordination with the REPP to share lessons learned.
UNITED STATES FIRE ADMINISTRATION
The amended bill provides $43,300,000 as proposed by both
the House and the Senate.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $1,400,000,000 for Disaster
Relief instead of $1,700,000,000 as proposed by both the House
and the Senate. The amended bill contains a provision to allow
the transfer of up to $60,000,000 to FEMA Management and
Administration of which $48,000,000 is for the conversion of
250 temporary disaster positions into permanent positions and
$12,000,000 is for activities related to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act. In addition, the
amended bill contains a provision to allow the transfer of
$16,000,000 to Office of Inspector General for audits and
investigations of disasters. The Committees on Appropriations
direct that funds appropriated for Disaster Relief cannot be
used to supplement the resources of other DHS offices that
receive a separate appropriation absent explicit authority to
do so in law.
The amended bill contains a provision requiring the
Disaster Relief Fund report be submitted hereafter on a monthly
basis. The report is a continuation of the DRF report required
in Public Law 109-62, Public Law 109-90, and Public Law 109-
295. The requirement to report manufactured housing and hotel
and motel data is deleted. The report must now include
allocations, obligations, and expenditures for Hurricanes
Katrina, Rita, Wilma, and all other open disasters.
The Post-Hazard Mitigation Grant Program is a key component
of mitigation and disaster recovery. Federal investments in
post disaster mitigation activities are leveraged by a unique
`window of opportunity' that exists following a disaster, when
perceptions of risk become clearer and prompt individuals and
communities to undertake risk reduction activities they may not
have considered in a pre-disaster context. FEMA is directed to
report within 30 days of the enactment of this Act on the use
of post-disaster mitigation funds, including funds made
available after the 2005 hurricanes; any legislative or
administrative obstacles preventing more expedient use of
funds; and recommendations for more effective implementation of
this program.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
The amended bill provides $580,000 for administrative
expenses and $295,000 for the cost of loans as proposed by both
the House and the Senate. Gross obligations for the principal
amount of direct loans shall not exceed $25,000,000 as proposed
by both the House and the Senate.
FLOOD MAP MODERNIZATION FUND
The amended bill provides $220,000,000 for flood map
modernization instead of $230,000,000 as proposed by the House
and $200,000,000 as proposed by the Senate. FEMA is encouraged
to prioritize as criteria the number of stream and coastal
miles within the State, the Mississippi River Delta region, and
the participation of the state in leveraging non-federal
contributions. FEMA is directed to dedicate at least 10 percent
of funds provided under this heading to activities associated
with maintaining flood maps that are at least three years
beyond their effective date. The goal should be to complete
maintenance of maps before they are more than five years beyond
their effective date. Map maintenance includes: studying
previously unstudied or under-studied areas; restudying areas
where watershed and/or floodplain conditions have altered flood
hazards; and re-evaluating flood hazards to take into account
new data or methodologies. Cooperating technical partners that
offer significant funding matches should be given priority in
allocating map maintenance funding. Up to three percent of
awarded funds may be used by recipients for administrative
expenses.
FEMA is directed to brief the Committees on Appropriations
regarding the additional needs for a continued Flood Map
Modernization program as included in the Senate report. FEMA is
encouraged to work with the Army Corps of Engineers to develop
accurate maps reflecting the damage done by Hurricanes Katrina
and Rita. FEMA is further directed to brief the Committees on
Appropriations within 60 days of enactment of this Act on the
progress of flood plain mapping in the Gulf Coast.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $45,642,000 for salaries and
expenses as proposed by both the House and Senate. The amended
bill provides $90,000,000 for severe repetitive loss property
mitigation expenses under section 1361A of the National Flood
Insurance Act of 1968 and a repetitive loss property mitigation
pilot program under section 1323 of the National Flood
Insurance Act; and no less than $99,358,000 for other flood
mitigation activities, of which up to $34,000,000 is available
for transfer to the National Flood Mitigation Fund. Total
funding of $145,000,000 is offset by premium collections. The
amended bill sets limitations of $70,000,000 for operating
expenses, $773,772,000 for agents' commissions and taxes, and
``such sums'' for interest on Treasury borrowings.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $34,000,000 by transfer from the
National Flood Insurance Fund as proposed by both the House and
Senate.
NATIONAL PREDISASTER MITIGATION FUND
The amended bill provides $114,000,000 for the Predisaster
Mitigation Fund as proposed by both the House and Senate.
The amended bill contains a provision requiring all
projects funded with the Predisaster Mitigation Fund comply
with the criteria in section 203(g) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
The Committees on Appropriations include the following
projects in the following amounts:
For infrastructure improvements, analysis, and other
activities for disaster mitigation:
Ludlowville Flood Mitigation project, New York State
Emergency Management Office, NY................... $200,000
City of Albany, GA.................................. 300,000
Sumter County Commission, GA........................ 300,000
City of Neodesha, KS................................ 200,000
Adjutant General's Office of Emergency Preparedness,
for projects in Santee and Manning, SC............ 3,000,000
Bosque County, TX................................... 40,000
Town of Clifton Park, NY............................ 94,000
Calvert County Government, MD....................... 187,500
Charles County Government, MD....................... 106,500
St. Mary's County Government, MD.................... 184,619
City of Detroit, MI................................. 1,600,000
City of Coconut Creek, FL........................... 200,000
City of Emeryville, CA.............................. 600,000
City of Rye and Village of Rye Brook, NY............ 250,000
Yardley Borough, PA................................. 250,000
City of Stanley, WI................................. 630,000
Dalton Fire District, MA............................ 750,000
Department of Emergency Management for the City and
County of San Francisco, CA....................... 1,000,000
City of Arvada, CO.................................. 200,000
North Carolina Department of Crime Control and
Public Safety, NC................................. 1,600,000
City of Los Angeles, CA............................. 13,500
City of Cudahy, CA.................................. 65,000
Los Angeles Unified School District, CA............. 1,000,000
North Carolina Department of Agriculture, NC........ 400,000
Jackson County Board of Supervisors, MS............. 250,000
Town of Dyer, IN.................................... 550,000
City of St. Charles, MN............................. 100,000
Public Works Department of Winona County, MN........ 100,000
City of Louisville's Emergency Management Agency, KY 200,000
Northampton and Lehigh Counties, PA................. 1,000,000
Commonwealth of Pennsylvania, Department of
Conservation and Natural Resources, Presque Isle
State Park, PA.................................... 990,000
Cumberland County Public Schools, VA................ 400,000
City of St. Joseph, MO.............................. 1,000,000
City of Kannapolis, NC.............................. 625,000
Monroe County Office of Emergency Preparedness, NY.. 1,000,000
Sandy Creek Township, City of Franklin, PA.......... 1,000,000
Pierce County, WA................................... 500,000
City of Cumberland, KY.............................. 2,000,000
University of Kentucky, Department of Civil
Engineering, KY................................... 200,000
City of Norwalk, CT................................. 505,000
Onondaga County, NY................................. 500,000
Onondaga County, for Oswego River Basin, NY......... 500,000
City of St. Petersburg, for shelter hardening, FL... 750,000
City of St. Petersburg, for facility hardening, FL.. 750,000
City of Fitzgerald, GA.............................. 75,000
City of Ashburn, GA................................. 75,000
Butts County Public Works Department, GA............ 30,000
City of Monticello, GA.............................. 50,000
City of Haleyville, AL.............................. 1,000,000
City of Myrtle Beach, SC............................ 500,000
City of Georgetown, TX.............................. 1,000,000
City of Missouri City, TX........................... 200,000
For acquisition, demolition and relocation of property
for disaster mitigation:
Chatham County Emergency Management, GA............. 200,000
City of Davenport, IA............................... 200,000
Wayne County Commissioners, PA...................... 200,000
City of Plymouth, IN................................ 200,000
Armstrong County, PA................................ 1,000,000
Holmes County Commission, OH........................ 200,000
Harris County Flood Control District, TX............ 1,000,000
City of Fort Worth, TX.............................. 1,000,000
City of Kannapolis, NC.............................. 400,000
Town of Pembroke, NH................................ 150,000
City of Greensburg, KY.............................. 500,000
Town of Martin, KY.................................. 1,350,000
City of Cumberland, KY.............................. 650,000
For risk identification, planning, communication,
response coordination, and modeling activities for
disaster mitigation:
Des Moines, IA...................................... 200,000
Radford University, VA.............................. 200,000
Washington Military Department, WA.................. 1,000,000
Public Works Department of the City of Santa Cruz,
CA................................................ 90,000
Town of Epsom, NH................................... 50,000
Westchester and Rockland Counties, NY............... 1,000,000
Village of Elmsford, NY............................. 30,000
Arlington County, VA................................ 260,000
Franklin Regional Council of Governments, MA........ 100,000
North Carolina Department of Crime Control and
Public Safety, NC................................. 3,400,000
City of Alpine, TX.................................. 100,000
City of Del Rio, TX................................. 600,000
Lehman College, NY.................................. 1,000,000
Broward County, FL.................................. 500,000
Southeast Missouri State University, MO............. 430,000
Williamstown Lake, Grant and Pendleton Counties, KY. 500,000
City of Whitehall, OH............................... 500,000
City of Hampton, VA................................. 250,000
Santa Clara County, CA.............................. 250,000
Regional Joint Readiness Center, Pittsburgh, PA..... 500,000
For emergency alert and notification systems:
City of Detroit, MI................................. 485,000
City of Los Angeles, CA............................. 100,000
Jasper County Government, IN........................ 215,000
City of Belton, MO.................................. 150,000
City of Smithville, MO.............................. 200,000
Local Emergency Planning Committee, Town of Needham,
MA................................................ 200,000
For wildfire mitigation activities:
Washington County and Washington County Department
of Public Works, UT............................... 200,000
Arrowhead Regional Development Commission, MN....... 450,000
San Bernardino County Fire Department, CA........... 1,500,000
Idaho Bureau of Homeland Security, ID............... 600,000
EMERGENCY FOOD AND SHELTER
The amended bill provides $153,000,000 for Emergency Food
and Shelter as proposed by both the House and Senate.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
The amended bill provides $80,973,000 for United States
Citizenship and Immigration Services (USCIS) instead of
$30,000,000 as proposed by the House and $50,523,000 as
proposed by the Senate. Of this amount, $80,000,000 is
designated as emergency.
Employment Eligibility Verification/E-Verify
The Committees on Appropriations provide $60,000,000 for
the Employment Eligibility Verification program, which USCIS
has renamed E-Verify, instead of $30,000,000 provided by both
the House and the Senate. This system allows employers to check
government databases and verify the employment status of job
applicants.
FBI Background Check Backlog
The Committees on Appropriations provide $20,000,000 for
reduction of the FBI name check backlog as proposed by the
Senate and instead of no funding proposed by the House. The
Director of USCIS is directed to report to the Committees on
Appropriations on plans to eliminate the backlog of FBI name
checks, as discussed in the Senate report.
Benefit Parole Programs Transfer
The Committees on Appropriations provide $523,000 for USCIS
to transfer the Cuban-Haitian Entrant Program, the Moscow
Refugee Program, and the Humanitarian Parole Program from U.S.
Immigration and Customs Enforcement to USCIS, as proposed by
the Senate and requested by the Department. The House did not
transfer these programs. The Director of USCIS is directed to
brief the Committees on Appropriations on the number of
individuals serviced by these programs and the long-term
outlook for these programs.
Immigration Services
The Committees on Appropriations direct USCIS to expand its
immigration services programs, prioritizing areas that have
large populations of underserved immigrant populations, as
discussed in the House report. The Committees on Appropriations
provide $450,000 for this purpose, of which $150,000 shall be
allocated to the Citizens Advice Bureau Immigrant Assistance
Project and $300,000 shall be allocated to the Bronx Project,
Northern Manhattan Coalition for Immigrant Rights.
Fee-Funded Programs
Current estimates of fee collections, which constitute the
majority of USCIS resources, are $2,538,872,000. These revenues
will support adjudication of applications for immigration
benefits and fraud prevention activities, and are derived from
fees collected from persons applying for immigration benefits.
The Committees on Appropriations direct USCIS to allocate these
fees as shown in the table presented in the Senate report and
direct that no more than $10,000 shall be for official
reception and representation expenses.
Within the total fees collected, the Committees on
Appropriations direct USCIS to provide no less than $49,357,000
to support Customer Service Center operations, and to dedicate
the entirety of premium processing revenue to business system
and information technology transformation, including converting
immigration records to digital format. The Committees on
Appropriations require the Director of USCIS to submit an
expenditure plan for the Business Transformation Project. USCIS
should include materials in the plan that address the alignment
of the transformation process with the Departmental enterprise
architecture, as well as details on expected project
performance and deliverables.
Immigration Reform
USCIS is not required to report on the anticipated process
for administering a temporary worker program.
H-1B Benefits Fraud Assessment
USCIS is directed to conduct a benefits fraud assessment of
the H-1B Visa Program, and to report to the Committees on
Appropriations on the results of the assessment and any
recommendations to strengthen the program.
USCIS Vehicles
The amended bill provides authority for USCIS to acquire up
to five vehicles in locations where the General Services
Administration does not provide vehicles for lease. The
Director of USCIS is directed to notify the Committees on
Appropriations on each occasion this authority is used,
including details on the cost of each vehicle, the rationale
for its purchase or lease, and the location where the vehicle
is used.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The amended bill provides $238,076,000 for Salaries and
Expenses instead of $219,786,000 as proposed by the House and
$221,076,000 as proposed by the Senate. Of this amount,
$17,000,000 is designated as emergency. The amended bill allows
the Federal Law Enforcement Training Center (FLETC) to obligate
funds in anticipation of reimbursements from agencies, as
proposed by the Senate. The Committees on Appropriations adopt
the Senate position of not transferring the Federal Law
Enforcement Training Accreditation Board (FLETA) from FLETC and
include $1,290,000 for FLETA within this appropriation. The
amended bill also extends the rehired annuitant authority
through December 31, 2010. The Committees on Appropriations do
not adopt the revolving fund language proposed by the
Administration.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The amended bill provides $50,590,000 for Acquisitions,
Construction, Improvements, and Related Expenses instead of
$43,270,000 as proposed by the House and $44,470,000 as
proposed by the Senate. Of this amount, $4,000,000 is
designated as emergency. Within the total, $3,320,000 is for
construction of new training and related facilities at Artesia,
New Mexico.
Science and Technology
MANAGEMENT AND ADMINISTRATION
The amended bill provides $138,600,000 for Management and
Administration of Science and Technology (S&T) instead of
$130,787,000 as proposed by the House and $140,632,000 as
proposed by the Senate. This amount includes $10,000 for
official reception and representation as proposed by the House
instead of $3,000 as proposed by the Senate. S&T shall move
expeditiously to address critical issues of staff vacancies and
internal controls. Sufficient resources have been included
within this account for the establishment of the Homeland
Security International Cooperative Programs Office pursuant to
section 1901 of the 9/11 Act.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
The amended bill provides $691,735,000 for Research,
Development, Acquisition, and Operations instead of
$646,325,000 as proposed by the House and $697,364,000 as
proposed by the Senate. The following table specifies funding
by budget activity:
Border and Maritime Security............................ $25,479,000
Chemical and Biological................................. 208,020,000
Command, Control, and Interoperability.................. 56,980,000
Explosives.............................................. 77,654,000
Human Factors........................................... 14,206,000
Infrastructure and Geophysical.......................... 64,500,000
Innovation.............................................. 33,000,000
Laboratory Facilities................................... 103,814,000
Test and Evaluations/Standards.......................... 28,520,000
Transition.............................................. 25,265,000
University Programs..................................... 49,297,000
Homeland Security Institute............................. 5,000,000
--------------------------------------------------------
____________________________________________________
Total....................................... $691,735,000
Homeland Security Institute
The Committees on Appropriations provide $5,000,000 for the
Homeland Security Institute (HSI), as proposed by the Senate.
Funding reductions have been made to each program, project, and
activity (PPA) within S&T to reflect this appropriation for
HSI. The Committees on Appropriations recognize that in
addition to this appropriation, HSI has many ongoing projects
with other DHS agencies that supplement these funds. S&T shall
ensure that the fiscal year 2009 Congressional justification
clearly delineates funding for the Homeland Security Institute
and does not obscure it within S&T's other PPAs.
Chemical and Biological
The Committees on Appropriations provide $208,020,000 for
the chemical and biological program instead of $215,131,000 as
proposed by the House and $216,038,000 as proposed by the
Senate. Within this total, $5,800,000 has been appropriated to
procure 26 Generation 3 BioWatch detection units to support a
six month pilot of these systems in two BioWatch cities. No
funding has been provided for the low rate initial production
procurement because the Department's decision on which system
to procure will not be made until after the pilot is concluded.
Currently, the Department does not anticipate this until late
2008 or early 2009.
Command, Control, and Interoperability
The Committees on Appropriations provide $56,980,000 for
command, control, and interoperability instead of $61,100,000
as proposed by the House and $61,763,000 as proposed by the
Senate. Within this total, not less than $19,881,000 is for
cyber security activities including efforts to address flaws in
the computerized systems that control generators, switching
stations, and electrical substations as well as other emerging
threats to infrastructure critical to the U.S. economy.
Analysis, Dissemination, Visualization, Insight, and Semantic
Enhancement (ADVISE) program
No funding has been provided for the ADVISE program as
proposed by both the House and the Senate. Bill language
clarifies that obligations may not be made to follow-on or
successor programs to ADVISE. The Committees on Appropriations
remind the Department that any tools designed to manipulate
data bases must have proper Privacy Impact Assessments in place
before use.
First Responder Communications Equipment Standards
Federal funding for first responder communications
equipment should be compliant with common system standards for
digital public safety radio communications (Project 25
standards), as appropriate, to ensure interoperability. S&T, in
conjunction with the Director of the National Institute of
Standards and Technology, shall continue assessing the
compliance of first responder communications equipment with
Project 25 standards.
Explosives
The Committees on Appropriations provide $77,654,000 for
explosives instead of $63,749,000 as proposed by the House and
$81,726,000 as proposed by the Senate. Within this total, not
less than $15,000,000 shall be used to support S&T's work under
HSPD-19 as discussed in the Senate report. Specifically, S&T
shall work toward producing detection technologies that deter,
reduce, or eliminate explosive attacks and their consequences
including car bombs. S&T should coordinate this work with other
Federal agencies to eliminate any duplication of efforts.
S&T has been conducting three air cargo pilots since 2006.
While two of the pilots are completed, the remaining pilot at
San Francisco airport has been repeatedly delayed. As a result,
S&T does not anticipate collecting six months of data on the
use of explosive detection systems (EDS) to screen air cargo at
a dedicated facility as required in the statement of managers
accompanying House Report 109-241. The Committees on
Appropriations urge S&T to continue the air cargo pilot at San
Francisco airport to obtain a full six months of EDS data and
encourage the use of unobligated balances from the air cargo
research and development program for this effort. As the most
recent monthly obligation report shows, $4,755,680 is currently
unobligated. S&T is encouraged to share any promising results
of the air cargo pilots with other airports.
Human Factors
The Committees on Appropriations provide $14,206,000 for
human factors instead of $12,600,000 as proposed by the House
and $6,706,000 as proposed by the Senate. Within this funding,
$7,500,000 is for the Institute for Homeland Security
Solutions, which will be funded through the Research Triangle
Institute. The Institute for Homeland Security Solutions (IHSS)
will conduct applied technological and social science research
with universities, other federal agencies, state and local
security agencies and the private sector. This Institute will
focus on developing near-term technological solutions to
practical, real world problems that have broad applications.
IHSS' work for DHS will cover critical policy and operational
implications of new technologies and will be narrowly focused
on information analysis tools and policies. One example of the
work the Institute will focus on is anomaly detection. The
paradigm for security in many operations centers is a person,
or group of people, staring at a dozen or more video screens
and perhaps receiving data from a variety of other sources
simultaneously. In these settings, the human brain is quickly
overwhelmed with more images and data than it can effectively
process--too much data is almost as bad as no data at all. The
Institute will focus on whether these centers can be more
effective through development of technology capable of learning
and remembering what the normal traffic pattern of people is
and detecting automatically when there is an anomaly that might
raise a security concern.
Infrastructure and Geophysical
The Committees on Appropriations provide $64,500,000 for
infrastructure and geophysical, instead of $24,000,000 as
proposed by the House and $64,000,000 as proposed by the
Senate. Within the funding provided, $27,000,000 is to continue
the Southeast Regional Research Initiative, $9,500,000 is for
Regional Technology Integration, and $11,000,000 is for the
Community-Based Critical Infrastructure Protection Institute to
support existing work in research and development and
application of technology for community based critical
infrastructure protection efforts.
Innovation
The Committees on Appropriations provide $33,000,000 for
innovation instead of $51,900,000 as proposed by the House and
$46,000,000 as proposed by the Senate. Funding is not specified
among the Innovation programs; S&T is directed to submit to the
Committees on Appropriations an allocation plan for Innovations
within 30 days after enactment of this Act.
New Technologies
The Committees on Appropriations believe new technologies
may significantly help the Department as it seeks to secure our
homeland. The Department is encouraged to develop such
technologies as carbon nanotube coatings; dual use mobile
sensor technology that provides automatic intelligence
collection; sensor drive analytics; regional disease
surveillance; explosive detection using computer tomography/
neutron technologies; microsystems technologies for high threat
problem solving; small, rugged mass spectrometers; gallium
nitride based multi-mission phase array radar; high throughput
backscatter personal screeners; data systems that are
scaleable, easily deployable and do not require significant
power or cooling infrastructure; mono-energetic gamma resonant
imaging and detection systems; respirators using antimicrobial
iodinated technology; and supercomputing centers that utilize
smart sensor algorithms on low cost processors.
Multi-Function Phased Array Radars
During the next decade, many of the surveillance radars
used by a number of Federal agencies around the country will
near the end of their design life. The Department is encouraged
to continue its involvement in the Office of Federal
Coordinator for Meteorology (OFCM) Working Group for
Multifunctional Phased Array Radar (MPAR), which is focused on
developing multi-function phased array radars to replace the
current generation of surveillance radar. The Department should
evaluate the mission requirements where MPAR has potential
departmental applications such as providing information on
severe weather, non-cooperative aircraft, and potential
terrorist incidents involving chemical, biological,
radiological, or nuclear materials. The Department's continued
participation in the OFCM effort should attempt to ensure that
the appropriate applications are incorporated into the MPAR
design.
Laboratory Facilities
The Committees on Appropriations provide $103,814,000 for
laboratory facilities as proposed by the Senate instead of
$88,814,000 as proposed by the House. Within the total provided
is $15,000,000 for Area 300 (Pacific Northwest National
Laboratory) for ongoing construction in support of the
memorandum of understanding between DHS, the Department of
Energy and the National Nuclear Security Administration.
S&T is directed to report on the costs and benefits of the
Transportation Safety Laboratory charging companies for
evaluation of their products. S&T should account for potential
enhanced services and capitol improvements that such fees might
allow, as well as any negative effects such as potential
barriers to entry for small companies that such fees may cause.
Test and Evaluations/Standards
The Committees on Appropriations provide $28,520,000 for
test and evaluations/standards as proposed by the House instead
of $24,219,000 as proposed by the Senate. Within the funds
provided, $3,000,000 shall be for independent peer reviewed
program evaluations throughout DHS conducted by outside
entities. The Committees on Appropriations expect that only one
or two smaller scale programs will be able to be evaluated with
this funding and direct S&T to begin with an evaluation of
TSA's air cargo certified shipper pilot program. This
evaluation should focus on the soundness of the measurements
TSA will use to evaluate the integrity of a certified shippers
air cargo security program and whether the certified shipper
program will help TSA meet the 100-percent screening
requirements contained in the 9/11 Act. S&T shall consult with
the Committees on Appropriations on other programs to be
evaluated and the scope of the evaluation before funding is
obligated.
Transition
The Committees on Appropriations provide $25,265,000 for
transition instead of $26,000,000 as proposed by the House and
$23,901,000 as proposed by the Senate. Within the funds
provided, up to $1,000,000 is for an independent review to
determine whether Federal resources are being adequately and
efficiently used in DHS and other Federal agencies to address
homeland security needs, including the opportunity costs that
may result from the increased prominence of homeland security
as detailed in the House report. This review should be
conducted by the National Academy of Public Administration.
University Programs
The Committees on Appropriations provide $49,297,000 for
university programs instead of $48,575,000 as proposed by the
House and $38,718,000 as proposed by the Senate. Within this
funding, $4,000,000 is to support the new National
Transportation Security Center of Excellence authorized in the
9/11 Act and $2,000,000 is to support the ongoing Memorandum of
Agreement with the Naval Postgraduate School. Because the
funding level is $10,579,000 above the budget request, S&T
shall brief the Committees on Appropriations on how these
additional funds will be allocated 60 days after enactment of
this Act. As part of this briefing, S&T shall also discuss how
universities are selected to participate in this program, how
S&T determines the type of research each Center of Excellence
will specialize in, how the Directorate evaluates the quality
of work from the Centers, and assess the impact a time limit
may have on the quality and breadth of research conducted.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
The amended bill provides $31,500,000 for Management and
Administration instead of $31,176,000 as proposed by the House
and $32,000,000 as proposed by the Senate. The increase of
$1,032,000 above the current services level is intended to
partially address critical staff vacancies. The Committees on
Appropriation are concerned with the Domestic Nuclear Detection
Office's (DNDO) shortfall in critical staffing positions and
the impact of this shortfall upon the agency's administrative
functions. As a result, there have been significant delays in
obtaining quality budgetary information on major acquisitions
and research projects from the agency. As of the end of
September 2007, DNDO was only supporting 91 positions, or 21
below the fiscal year 2007 enacted level. Furthermore, the
fiscal year 2008 budget justification fails to provide detailed
data and explanatory statements for the additional 18 program
management staff requested. Without an effective staffing plan
and the appropriate complement of budgetary and support
personnel, DNDO will be unable to manage its projected
acquisition, fielding and integration of next generation
devices. Therefore, DNDO is directed to prioritize its program
management support needs and make every effort to fill
associated positions as soon as possible. DNDO shall brief the
Committees on Appropriations by February 1, 2008 on its hiring
plan.
RESEARCH, DEVELOPMENT, AND OPERATIONS
The amended bill provides $323,500,000 for Research,
Development, and Operations instead of $316,900,000 as proposed
by the House and $336,000,000 as proposed by the Senate. The
following table specifies funding by budget activity:
Systems Engineering and Architecture.................... $22,400,000
Systems Development..................................... 118,100,000
Transformational Research and Development............... 96,000,000
Assessments............................................. 37,500,000
Operations Support...................................... 34,500,000
National Technical Nuclear Forensics Center............. 15,000,000
--------------------------------------------------------
____________________________________________________
Total....................................... $323,500,000
Systems Development
The Committees on Appropriations provide $118,100,000 for
systems development instead of $108,100,000 as proposed by the
House and $132,100,000 as proposed by the Senate. Within the
amount appropriated: $10,000,000 shall be available to support
the implementation of the Securing the Cities Initiative;
$10,000,000 is to deploy up to ten teams to screen general
aviation aircraft for illicit material, other aviation programs
or non-ports of entry land border efforts; and $3,000,000 is
for the development of detection systems to scan general
aviation aircraft for illicit radiological and nuclear
materials. DNDO is urged to place a priority within development
and deployment of detection systems on the highest risk
pathways entering the country.
The Committees on Appropriations concur with direction in
the Senate report requiring DNDO to submit a strategic plan for
its phased deployment of the Securing the Cities initiative.
This plan shall: (1) prioritize the cities that will be covered
by the program; (2) lay out decisions on which routes will be
covered; (3) address whether decoy detection systems would
benefit the public good; (4) indicate what level of detection
infrastructure is planned in each city; (5) address whether any
given deployment has a reasonable chance of success; and (6)
establish a five year projected cost estimate for this
initiative. In addition, DNDO shall enter into a memorandum of
understanding with any city receiving resources from the
Securing the Cities initiative. This memorandum shall outline
the duties expected of DNDO and the city over the foreseeable
future as well as the annual resources requirements each must
meet to fully implement this initiative.
The Committees on Appropriations concur with the House
report directing DNDO to report on its assessment of radiation
detection technologies that could be used in rail yards, at
non-ports of entry land border crossings, at general aviation
airports, and with small maritime craft. DNDO shall brief the
Committees on Appropriations quarterly on the progress it has
made in identifying the necessary architecture, the strengths
and weakness of these technologies, and a timetable to develop
and deploy these technologies.
The Committees on Appropriations agree with the Senate
report encouraging DNDO to place its screening equipment
according to threat and risk rather than ease of screening and
measurement. Further, DNDO is directed to continue to keep the
Committees on Appropriations informed of its efforts to fully
cover all high risk pathways into the United States and how it
is using intelligence to drive investments in its global
nuclear detection architecture.
DNDO shall work with U.S. Customs and Border Protection
(CBP) to initiate two pilots of radiation portal monitors
within the air port of entry environment for screening
individuals and their baggage for radioactive materials. The
pilots should include a detailed concept of operations. DNDO
and CBP are directed to brief the Committees on Appropriations
on the status of the development efforts.
Assessments
The Committees on Appropriations provide $37,500,000 for
assessments instead of $32,000,000 as proposed by the House and
the Senate. Within the funding provided, $5,500,000 is to
enhance detection links between seaports and railroads at a
test center in Tacoma, Washington as authorized by the SAFE
Port Act, as proposed by the Senate.
Red Teaming
DNDO is directed to brief the Committees on Appropriations
on red team exercises it has conducted, any vulnerabilities
identified, and any changes that are being made to the system
to address these vulnerabilities. The first briefing shall be
within 120 days after enactment of this Act.
SYSTEMS ACQUISITION
The amended bill provides $129,750,000 for Systems
Acquisition instead of $171,500,000 as proposed by the House
and $139,000,000 as proposed by the Senate. The following table
specifies funding by budget activity:
Radiation Portal Monitor Program........................ $90,000,000
Securing the Cities..................................... 30,000,000
Human Portal Radiation Detection Systems Program........ 9,750,000
--------------------------------------------------------
____________________________________________________
Total....................................... $129,750,000
Radiation Portal Monitor Program
The Committees on Appropriations provide $90,000,000 for
the radiation portal monitor program instead of $171,500,000 as
proposed by the House and $139,000,000 as proposed by the
Senate. Within this appropriation, full funding has been
provided for DNDO's effort to: procure and deploy additional
polyvinyl toluene (PVT) based fixed radiation portal monitors
(RPMs) to all remaining northern border sites by calendar year
2009, deploy PVT units in the air cargo environment, upgrade
and deploy the 45 low rate initial production Advanced
Spectroscopic Portal (ASPs) units, and support field validation
for ASPs to determine that these systems meet CBP's
functionality requirements.
As of November 15, 2007, 100-percent of all containerized
cargo is being screened by RPMs at the southern border.
However, the Committees on Appropriations remain deeply
concerned about the Department's ability to detect non-
containerized illicit radioactive materials entering the
nation. Since the President's budget submission in February
2007, Congress has appropriated $100,000,000 in unrequested
emergency resources to speed placement of fixed radiation
detectors at ports of entry (POE). Unfortunately, these
resources, as well as prior year appropriations of $64,330,000,
remain largely unspent due to additional development required
of the ASP monitors and additional evaluation to determine if
ASP monitors are significantly more effective than currently
deployed technologies. To date, the Committees on
Appropriations have not received a certification from the
Secretary that the ASP monitors perform more effectively in an
operational environment compared to current generation portal
monitors. Therefore, limited funding is provided for ASP in
fiscal year 2008. The Committees on Appropriations direct
$147,000,000, from supplemental funds provided in fiscal year
2007 and annual appropriations provided in fiscal year 2008, be
utilized to accelerate the procurement and deployment of PVTs
to complete deployment of these systems at all remaining
northern border sites. While the current generation
technologies may not have the expected capabilities of ASP
systems, they are substantially less expensive, proven to work
within known limits, and can be quickly deployed to POEs.
The Committees on Appropriations appreciate the
difficulties the Secretary faces in certifying the ASP systems
and provide sufficient resources to allow DNDO to enter into an
agreement with the National Academy of Sciences (NAS) to assist
the Secretary in his certification decisions. NAS will help
validate testing completed to date, provide support for future
testing, assess the costs and benefits of this technology, and
bring robustness and scientific rigor to the procurement
process. As in prior fiscal years, the Committees on
Appropriations include a prohibition of full scale procurement
of ASP systems until the Secretary has certified and reported
to the Committees that a significant increase in operational
effectiveness merits such a decision. However, the amended bill
also requires separate and distinct certifications for primary
and secondary deployments in recognition of the inherently
unique operational requirements each presents. The amended bill
also prohibits high-risk concurrent development and production
of mutually dependent software and hardware components of
detection systems. This restriction is included to address the
acquisition and fiscal risks associated with such concurrency
and in response to the testing difficulties DNDO has
encountered over the last fiscal year.
TITLE V--GENERAL PROVISIONS
Section 501. The amended bill continues a provision
proposed by the House and Senate that no part of any
appropriation shall remain available for obligation beyond the
current year unless expressly provided.
Section 502. The amended bill continues a provision
proposed by the House that unexpended balances of prior
appropriations may be merged with new appropriations accounts
and used for the same purpose, subject to reprogramming
guidelines.
Section 503. The amended bill continues and modifies a
provision proposed by the House and Senate that provides
authority to reprogram appropriations within an account and to
transfer up to 5 percent between appropriations accounts with
15-day advance notification of the Committees on
Appropriations. Modifications adopted include in (1) adding
``project'' or ``activity''; and in (2) adding ``office''. A
detailed funding table identifying each congressional control
level for reprogramming purposes is included at the end of this
statement. These reprogramming guidelines shall be complied
with by all agencies funded by the Department of Homeland
Security Appropriations Act, 2008.
The Committees on Appropriations expect the Department to
submit reprogramming requests on a timely basis, and to provide
complete explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committees should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing (full-time equivalent position)
levels for the current fiscal year and to the levels requested
in the President's budget for the following fiscal year.
The Committees on Appropriations expect the Department to
manage its programs and activities within the levels
appropriated. The Committees on Appropriations are concerned
with the number of reprogramming proposals submitted for
consideration by the Department and remind the Department that
reprogramming or transfer requests should be submitted only in
the case of an unforeseeable emergency or situation that could
not have been predicted when formulating the budget request for
the current fiscal year. When the Department submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding, and if reconciliation is not possible, to consider
the reprogramming or transfer request unapproved.
The Department is not to propose a reprogramming or
transfer of funds after June 30 unless there are exceptional or
extraordinary circumstances, such that lives or property are
placed in imminent danger.
Section 504. The amended bill continues a provision
proposed by the House and the Senate that none of the funds
appropriated or otherwise available to the Department may be
used to make payment to the Department's Working Capital Fund,
except for 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. Any additional activities and amounts
must be approved by the Committees on Appropriations 30 days in
advance of obligation.
Section 505. The amended bill continues a provision
proposed by the House and Senate that not to exceed 50 percent
of unobligated balances remaining at the end of fiscal year
2008 from appropriations made for salaries and expenses shall
remain available through fiscal year 2009 subject to
reprogramming guidelines.
Section 506. The amended bill continues a provision
proposed by the House and Senate deeming that funds for
intelligence activities are specifically authorized during
fiscal year 2008 until the enactment of an Act authorizing
intelligence activities for fiscal year 2008.
Section 507. The amended bill continues a provision
proposed by the House and Senate directing the Federal Law
Enforcement Training Accreditation Board to lead the Federal
law enforcement training accreditation process.
Section 508. The amended bill continues and modifies a
provision proposed by the House and Senate requiring
notification of the Committees on Appropriations three business
days before any grant allocation, discretionary grant award,
discretionary contract award, including Federal Acquisition
Regulation-covered contracts, letter of intent, or public
announcement of the intention to make such an award totaling in
excess of $1,000,000. Additionally, the Federal Emergency
Management Agency (FEMA) is required to brief the Committees on
Appropriations five full business days prior to announcing
publicly the intention to make an award of State Homeland
Security grants, Urban Area Security Initiative grants, or
Regional Catastrophic Preparedness Grants.
Section 509. The amended bill continues a provision
proposed by the House and Senate that no agency shall purchase,
construct, or lease additional facilities for Federal law
enforcement training without advance approval of the Committees
on Appropriations.
Section 510. The amended bill continues a provision
proposed by the House and Senate that FLETC shall schedule
basic and/or advanced law enforcement training at all four
training facilities under its control to ensure that these
training centers are operated at the highest capacity.
Section 511. The amended bill continues a provision
proposed by the House that none of the funds may be used for
any construction, repair, alteration, or acquisition project
for which a prospectus, if required under chapter 33 of Title
40, United States Code, has not been approved. The amended bill
excludes funds that may be required for development of a
proposed prospectus. The Senate proposed similar language with
a reference to the Public Buildings Act of 1959.
Section 512. The amended bill continues a provision
proposed by the House and Senate that none of the funds may be
used in contravention of the Buy American Act.
Section 513. The amended bill continues and modifies a
provision proposed by the House and Senate to prohibit the
obligation of funds for the Secure Flight program, except on a
test basis, until the requirements of section 522 of Public Law
108-334 have been met and certified by the Secretary of DHS and
reviewed by the Government Accountability Office (GAO). The
Committees on Appropriations direct GAO to continue to evaluate
DHS and Transportation Security Administration (TSA) actions to
meet the ten conditions listed in section 522(a) of Public Law
108-334 and to report to the Committees on Appropriations,
either incrementally as the Department meets additional
conditions, or when all conditions have been met by the
Department. The amended bill also prohibits the obligation of
funds to develop or test algorithms assigning risk to
passengers not on government watch lists and for a commercial
database that is obtained from or remains under the control of
a non-federal entity, excluding Passenger Name Record data
obtained from air carriers. Within 90 days after enactment of
this Act, TSA shall submit a detailed plan on achieving key
milestones, as well as certification of this program.
Section 514. The amended bill continues a provision
proposed by the Senate prohibiting funds to be used to amend
the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448). The House bill
contained no similar provision.
Section 515. The amended bill continues a provision
proposed by the House and Senate regarding competitive
sourcing.
Section 516. The amended bill continues and modifies a
provision proposed by the House and Senate regarding the
reimbursement to the Secret Service for the cost of protective
services for the head of a Federal agency other than the
Secretary of Homeland Security. The provision allows the Secret
Service to seek reimbursement for the cost of such protective
services.
Section 517. The amended bill continues and modifies a
provision proposed by the Senate that allows the Director of
the Secret Service to enter into an agreement to perform
protection of a Federal officer, other than a person granted
such protection by law, on a fully reimbursable basis. The
House bill contained no similar provision.
Section 518. The amended bill continues and modifies a
provision proposed by the House and the Senate directing TSA to
research, develop, and procure new technologies to inspect and
screen air cargo. In the interim, TSA shall utilize existing
checked baggage explosive detection equipment and screeners to
screen cargo on passenger aircraft when practicable. New
language is included that requires TSA to work with air
carriers and airports to ensure the screening of cargo carried
on passenger aircraft, as required by the 9/11 Act, increases
incrementally each quarter. TSA is required to report air cargo
inspection statistics detailing how incremental progress is
being made to the Committees on Appropriations within 45 days
of the end of each quarter of the fiscal year.
Section 519. The amended bill continues a provision
proposed by the House and Senate directing that only the
Privacy Officer, appointed pursuant to section 222 of the
Homeland Security Act of 2002, may alter, direct that changes
be made to, delay or prohibit the transmission of a Privacy
Officer report to Congress.
Section 520. The amended bill continues a provision
proposed by the House and Senate prohibiting the use of funds
made available in this Act to pay the salary of any employee
serving as a contracting officer's technical representative
(COTR), or acting in a similar capacity, who has not received
COTR training.
Section 521. The amended bill continues a provision
proposed by the House directing that any funds appropriated or
transferred to TSA ``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 explosives
detection systems, for air cargo, baggage, and checkpoint
screening systems, subject to notification. Quarterly reports
must be submitted identifying any funds that are recovered or
deobligated. The Senate bill contained similar language without
a reporting requirement.
Section 522. The amended bill continues a provision
proposed by the Senate continuing Section 525(d) of Public Law
109-295 pertaining to Sensitive Security Information (SSI)
through fiscal year 2008. The House bill modified the SSI
provision contained in Section 525 of Public Law 109-295.
Section 523. The amended bill includes a provision proposed
by the Senate requiring any funds appropriated to Coast Guard
for 110-123 foot patrol boat conversions that are recovered,
collected, or otherwise received as a result of negotiation,
mediation, or litigation, shall be available until expended for
the replacement patrol boat program. The House bill contained
no similar provision.
Section 524. The amended bill continues a provision
proposed by the House and Senate extending the authorization of
the Department's Working Capital Fund in fiscal year 2008.
Section 525. The amended bill includes a new provision that
prohibits obligation of funds provided in this Act to commence
operations of the National Applications Office or the National
Immigration Information Sharing Operation until the Secretary
certifies that these programs comply with all existing laws and
that certification is reviewed by GAO.
Section 526. The amended bill continues and modifies a
provision proposed by the House and Senate requiring the Chief
Financial Officer to submit monthly budget execution and
staffing reports within 45 days after the close of each month.
These reports are to include the number of contract employees
by office as proposed by the Senate.
Section 527. The amended bill continues a provision as
proposed by the House and the Senate relating to undercover
investigative operations authority of the Secret Service.
Section 528. The amended bill continues a provision
proposed by the House prohibiting the use of funds to
contravene the Federal buildings performance and reporting
requirements of Executive Order 13123, part 3 of title V of the
National Energy Conservation Policy Act (42 U.S.C. 8251 et
seq.), or subtitle A of title I of the Energy Policy Act of
2005. The Senate bill contained no similar provision.
Section 529. The amended bill continues a provision
proposed by the House classifying the functions of instructor
staff at FLETC as inherently governmental for purposes of the
Federal Activities Inventory Reform Act of 1998. The Senate
bill contained a similar provision.
Section 530. The amended bill includes a provision proposed
by the House prohibiting the use of funds to contravene section
303 of the Energy Policy Act of 1992. The Senate bill contained
no similar provision.
Section 531. The amended bill includes a provision proposed
by the House prohibiting the use of funds in contravention of
Executive Order 13149 relating to fleet and transportation
efficiency. The Senate bill contained no similar provision.
Section 532. The amended bill continues and modifies a
provision on Coast Guard contracting and the Integrated
Deepwater Systems program as proposed by the House. The Senate
bill contained no similar provision.
Section 533. The amended bill includes a new provision
proposed by the House that prohibits the obligation of funds
for the development, testing, deployment, or operation of any
system related to MAX-HR or any subsequent, but related human
resources management project, until pending litigation, legal
claims or appeals have been fully resolved. The Senate bill
contained no similar provision.
Section 534. The amended bill includes a new provision
proposed by the Senate on preemption of state or local chemical
facility security standards. The House bill contained a similar
provision but also included information classification
requirements.
Section 535. The amended bill includes and modifies a new
provision proposed by the House that requires U.S. Customs and
Border Protection (CBP) Officers to offer the ability to be
classified as law enforcement officers. The Senate bill
contained no similar provision.
Section 536. The amended bill continues and modifies a
provision proposed by the House regarding the enforcement of
section 4025(1) of Public Law 108-458 regarding butane
lighters. The Senate bill contained no similar provision.
Section 537. The amended bill includes a provision proposed
by the House and Senate prohibiting the Secretary of Homeland
Secretary from altering or reducing Coast Guard's civil
engineering program except as specifically authorized in
statute after enactment of this Act.
Section 538. The amended bill includes a new provision
reducing the cumulative amount provided to the Office of the
Secretary and Executive Management and the Office of the Under
Secretary for Management by $5,000,000 to reflect management
efficiencies. The Secretary shall notify the Committees on
Appropriations within 30 days of the date of enactment of this
Act regarding the spread of these efficiency savings by account
and within the account, by program, project and activity
detailed in the table located in the back of the explanatory
statement.
Section 539. The amended bill includes a new provision
proposed by the House prohibiting the obligation of funds to
the Office of the Secretary and Executive Management, the
Office of the Under Secretary for Management, and the Office of
the Chief Financial Officer for grants or contracts awarded by
any means other than full and open competition. Certain
exceptions apply. The amended bill also requires the Inspector
General to review Departmental contracts awarded
noncompetitively and report on the results to the Committees on
Appropriations. The Senate bill contained a similar provision.
Section 540. The amended bill includes a new provision
proposed by the House that permits one time judicial review of
the aviation security and infrastructure fee and limits those
amounts made available by the authority in the Department of
Homeland Security Appropriations Act for Fiscal Year 2005
(Public Law 108-334). The Senate bill contained no similar
provision.
Section 541. The amended bill includes and modifies a new
provision proposed by the House that prohibits funding for any
position designated as a Principal Federal Official (PFO)
during a Stafford Act declared disaster or emergency. This
prohibition shall apply to PFOs, successors to that position,
and any similar position created by the Department. The
Committees on Appropriations are concerned that the Department
has not defined a clear role for the PFO and that the position
conflicts with the Federal Coordinating Official's (FCO) role
during Presidentially-declared disasters and emergencies.
States and emergency management organizations have also
expressed concern that use of both an FCO and PFO lead to
confusion in the field following disasters and undermines
FEMA's emergency management role. The Committees on
Appropriations understand from the Department that there may be
instances in which FEMA should not be the lead agency in charge
of response, such as a pandemic outbreak or an Olympic event,
and therefore limit the prohibition to Presidentially-declared
disasters or emergencies that require Stafford Act assistance.
The prohibition also does not apply to major non-Stafford Act
responses that may include a Stafford Act component. In
instances when a PFO is designated, the Department is expected
to work with State and local governments and other Federal
partners to clearly define the role of the PFO and ensure there
is no conflict with the well-tested role of the FCO. The
Department must work with all homeland security partners to
achieve common understanding regarding incident management. The
Senate bill contained no similar provision.
Section 542. The amended bill includes a new provision
proposed by the House regarding the collection of airport
security badges. The Senate bill contained no similar
provision.
Section 543. The amended bill includes and modifies a new
provision proposed by the House prohibiting funding to grant an
immigration benefit to any individual unless the results of
background checks required in statute to be completed prior to
the grant of the benefit have been received by DHS. The Senate
bill contained no similar provision.
Section 544. The amended bill includes a new provision
proposed by the Senate prohibiting use of funds to destroy or
put out to pasture any horse or other equine belonging to the
Federal government unless adoption has been offered first. The
House bill contained a similar provision.
Section 545. The amended bill includes a new provision
proposed by the Senate that extends the implementation deadline
for the Western Hemisphere Travel Initiative (WHTI) to June 1,
2009, or three months after the Department of State and DHS
certification occurs, whichever is later. The House bill
contained a provision that prohibited funds to be used to
implement any plan for WHTI before June 1, 2009.
Section 546. The amended bill includes a provision proposed
by the House and Senate that precludes DHS from using funds in
this Act to carry out reorganization authority.
Section 547. The amended bill includes and modifies a new
provision proposed by the Senate regarding the use of the
National Center for Critical Information Processing and Storage
data center. The House bill contained no similar provision.
Senate 548. The amended bill includes a new provision as
proposed by the Senate that prohibits funds from being used to
reduce the Coast Guard's Operations Systems Center mission or
its government-employed or contract staff. The House bill
contained no similar provision.
Section 549. The amended bill includes a new provision
prohibiting funds to be used to conduct or implement the
results of a competition under Office of Management and Budget
Circular A-76 with respect to the Coast Guard National Vessel
Documentation Center.
Section 550. The amended bill includes a new provision as
proposed by the Senate that permits TSA to transfer up to
$24,000,000 from prior year balances to the Secure Flight
program after the Committees on Appropriations receive and
approve an expenditure plan for such funds. Bill language
specifies programs that may not be utilized. The House bill
contained no similar provision.
Section 551. The amended bill includes and modifies a
provision that rescinds $59,286,537 from unobligated balances
of funds transferred to DHS when it was created in 2003 instead
of $55,273,000 as rescinded in the House bill and $45,000,000
as rescinded in the Senate bill. Language is included that
specifies which accounts cannot be rescinded. In addition, new
language is included that rescinds a total of $28,833,463 in
unobligated balances made available pursuant to Section 505 of
Public Law 109-295, rescinds $8,480,000 from the
Counterterrorism Fund, and $4,500,000 from TSA's expenses
account. The majority of these rescissions were included as
part of the budget amendment submitted by the President on
November 6, 2007.
Section 552. The amended bill includes and modifies a
provision proposed by the Senate related to disaster assistance
for educational agencies. Educational agencies include only
those that provide for kindergarten through 12th grade. The
Committees on Appropriations require FEMA to provide this
assistance within 30 days of a request. The House bill
contained no similar provision.
Section 553. The amended bill includes a new provision
proposed by the Senate making technical corrections to existing
law to make border passages or tunnels a criminal offense. The
House bill contained no similar provision.
Section 554. The amended bill includes a new provision
proposed by the Senate pertaining to sexual abuse of
individuals held in custody at the direction of the Federal
government. The House bill contained no similar provision.
Section 555. The amended bill includes a new provision
proposed by the Senate requiring the Secretary to establish and
maintain a direct link to the DHS Office of Inspector General
on the DHS website. The House bill contained no similar
provision.
Section 556. The amended bill includes a new provision
proposed by the Senate that requires the Secretary to link all
contracts that provide award fees to successful acquisition
outcomes. The House bill contained no similar provision.
Section 557. The amended bill includes a new provision
proposed by the Senate prohibiting the obligation of funds for
the Office of Secretary and Executive Management for any new
hires at DHS if they are not verified through the basic pilot
program of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
Section 558. The amended bill continues language contained
in Public Law 109-295 related to prescription drugs. The Senate
bill modified this language. The House bill contained no
similar provision.
Section 559. The amended bill includes a new provision
proposed by the Senate prohibiting funds available in this Act
from being used to implement a rule or regulation which
implements the notice of proposed rulemaking related to
Petitions for Aliens to Perform Temporary Nonagricultural
Services or Labor (H-2B) set out beginning on 70 Federal
Register 3984 (January 27, 2005). The House bill contained no
similar provision.
Section 560. The amended bill includes a new provision
regarding FEMA assistance provided for DR-845.
Section 561. The amended bill includes a modified provision
proposed by the Senate regarding FEMA assistance for Hurricane
Rita. The House bill contained no similar provision.
Section 562. The amended bill includes a new provision
regarding FEMA assistance for Super Typhoon Paka and the
Malojloj hardfill fire.
Section 563. The amended bill includes and modifies a new
provision proposed by the Senate regarding the secure handling
of ammonium nitrate. The Senate bill language has been modified
at the request of the authorizing committees. The House bill
contained no similar provision.
Section 564. The amended bill includes and modifies a new
provision proposed by the Senate to amend the Secure Fence Act
of 2006, requiring the Secretary to complete construction of
370 miles of fencing, or other mileage as determined by the
Secretary, on the Southwest border by December 31, 2008, and
requiring the Secretary to consult with Federal agencies, State
and local governments, and property owners on such construction
to minimize adverse impacts on the environment and local
communities. No funds provided in this Act for Border Security
Fencing, Infrastructure, and Technology may be obligated unless
the Secretary complies with the consultation requirement.
Section 565. The amended bill includes a new provision
proposed by the Senate that establishes an international
registered traveler program, sets dates for rulemaking and
implementation activities, and authorizes the collection of
fees to support this program. The House bill contained no
similar provision.
Section 566. The amended bill includes a new provision
proposed by the Senate requiring GAO to study DHS's use of
shared border management.
Section 567. The amended bill includes a new provision
proposed by the Senate prohibiting funds for planning, testing,
piloting or developing a national identification card. The
House bill contained no similar provision.
Section 568. The amended bill includes a new provision
proposed by the Senate repealing TSA's acquisition management
system within 180 days after enactment, thereby making TSA
subject to the Federal Acquisition Regulation. The House bill
contained no similar provision.
Section 569. The amended bill includes a new provision
proposed by the Senate requiring FEMA to report on damage
assessment information used to determine if a disaster should
be declared and requiring this report to be placed on FEMA's
website unless it compromises national security. The House bill
contained no similar provision.
Section 570. The amended bill includes a new provision
proposed by the Senate that allows the Mineta Transportation
Institute to be included as a member of the National
Transportation Security Center of Excellence. The House bill
contained no similar provision.
Section 571. The amended bill includes a new provision on
the TSA's registered traveler program.
Section 572. The amended bill includes a new provision
extending other transactional authority of DHS through fiscal
year 2008.
Section 573. The amended bill includes a new provision
rescinding and reappropriating funds previously allocated to
the State of Mississippi.
PROVISIONS NOT ADOPTED
The amended bill does not include section 516 of the House
bill pertaining to the amount of air cargo screened. The
Committees on Appropriations note that the 9/11 Act, which was
signed into law after the House passed its version of the bill,
include air cargo screening requirements.
The amended bill does not include section 523 of the House
bill and section 525 of the Senate bill pertaining to the
Disaster Relief report. These provisions are addressed in the
amended bill and the explanatory statement under FEMA.
The amended bill does not include section 536 of the House
bill prohibiting funds in this Act for a grant or a contract
that does not comply with Davis Bacon, with an exception for
national emergencies.
The amended bill does not include section 545 of the House
bill pertaining to critical infrastructure vulnerability. This
provision is addressed in the explanatory statement under the
National Protection and Programs Directorate (NPPD).
The amended bill does not include section 547 of the House
bill relating to a limitation on funds to be used in
contravention of section 642(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
The amended bill does not include section 548 of the House
bill and section 572 of the Senate bill pertaining to
firefighter assistance grants. These provisions are addressed
in the explanatory statement under FEMA.
The amended bill does not include section 538 of the Senate
bill pertaining to the development of a plan to control and
manage Carrizo cane. This provision is addressed in the
explanatory statement under CBP.
The amended bill does not include section 544 of the Senate
bill prohibiting the use of funds to remove offenses from the
list of criminal offenses disqualifying individuals from
receiving a Transportation Worker Identification Credential.
The Committees on Appropriations note that the 9/11 Act, which
was signed into law after the House and Senate passed their
versions of the bills, specifically provides authority for the
Secretary to modify the list of offenses by rulemaking. TSA
believes that the public will be more fairly served if
disqualifying offenses are determined based on considered
analysis using threat and intelligence information as to an
offense's relationship to terrorism.
The amended bill does not include section 546 of the Senate
bill requiring the President to ensure operational control of
all international land and maritime borders is achieved and to
report every 90 days. This provision is addressed in the
explanatory statement under CBP.
The amended bill does not include section 547 of the Senate
bill relating to funding to ensure State and local employers
have access to the employment eligibility verification system.
This provision is addressed in the explanatory statement under
United States Citizenship and Immigration Services (USCIS).
The amended bill does not include section 549 of the Senate
bill relating to the development of a national strategy for the
use of closed circuit television systems. This provision is
addressed in the explanatory statement under NPPD.
The amended bill does not include section 552 of the Senate
bill relating to the 2010 Vancouver Olympic and Paralympic
games. This provision is addressed in the explanatory statement
under the Office of the Secretary and Executive Management.
The amended bill does not include section 554 of the Senate
bill relating to grants and contracting systems accountability.
This provision is addressed in the explanatory statement under
FEMA.
The amended bill does not include section 557 of the Senate
bill relating to a report on the performance and standards
system of TSA. This provision is addressed in the explanatory
statement under TSA.
The amended bill does not include section 559 of the Senate
bill pertaining to the authorized level for the border law
enforcement relief grant program.
The amended bill does not include section 560 of the Senate
bill pertaining to a GAO study on the cost of fencing on the
southern border. This provision is addressed in the explanatory
statement under CBP.
The amended bill does not include section 561 of the Senate
bill comprising a sense of the Senate on border security and
immigration reforms. This provision is addressed in the
explanatory statement under U.S. Immigration and Customs
Enforcement.
The amended bill does not include section 562 of the Senate
bill requiring CBP to report on the training its personnel
receive to effectively assist the Food and Drug Administration
in monitoring our Nation's food supply. This provision is
addressed in the explanatory statement under CBP.
The amended bill does not include section 563 of the Senate
bill regarding the voluntary emergency services program. This
provision is addressed in the explanatory statement under TSA.
The amended bill does not include section 564 of the Senate
bill prohibiting funds appropriated or otherwise made available
in this Act to be used to enter into a contract greater than
$5,000,000 or to award a grant in excess of such amount unless
the prospective contractor or grantee certifies in writing that
they owe no unpaid Federal tax assessments. The Committees on
Appropriations are aware of a pending federal regulation to
address this issue.
The amended bill does not include section 565 of the Senate
bill regarding transportation facility access control programs
in the State of Florida. This provision is addressed in the
explanatory statement under TSA.
The amended bill does not include section 567 of the Senate
bill amending the Federal Fire Prevention and Control Act of
1974 to clarify fire prevention programs include planning and
preparation activities. This provision is addressed in the
explanatory statement under FEMA.
The amended bill does not include section 568 of the Senate
bill on the need to increase CBP officers and agents on the
Northern Border. This provision is addressed in the explanatory
statement under CBP.
The amended bill does not include section 569 of the Senate
bill requiring the Secretary to study areas along the
international borders to determine where Federal and state law
enforcement officers are unable to achieve adequate radio
communication and develop a plan to enhance these capabilities.
This provision is addressed in the explanatory statement under
the Office of the Secretary and Executive Management.
The amended bill does not include section 570 of the Senate
bill requiring USCIS to provide not less than $1,000,000 for
fraud risk assessment relating to the H-1B visa program. This
provision is addressed in the explanatory statement under
USCIS.
The amended bill does not include section 571 of the Senate
bill requiring a report on interagency operational centers for
port security. This provision is addressed in the explanatory
statement under Coast Guard.
The amended bill does not include section 574 of the Senate
bill requiring GAO to report on UASI regions and ways to better
facilitate a regional approach. This provision is addressed in
the explanatory statement under FEMA.
The amended bill does not include section 575 of the Senate
bill permitting funds to be used for temporary employment of
professional staff relating to assistance for Greensburg,
Kansas. This provision is addressed within another division of
this amended bill.
The amended bill does not include section 578 of the Senate
bill providing $100,000,000 to State and local law enforcement
entities for security associated with the national party
conventions in Denver and St. Paul. This funding is provided
within another division of this amended bill.
TITLE VI--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION
The amended bill includes and modifies the ``Border
Infrastructure and Technology Modernization'' title of the
Senate bill. The House bill contained no similar matter.
Border Law Enforcement Relief Act
The amended bill does not include Title VI of the Senate
bill, ``Border Law Enforcement Relief Act.'' The House bill
contained no similar matter. These matters are addressed in
Titles I-IV of the amended bill and the accompanying
explanatory statement.
DIVISION B--BORDER SECURITY
TITLE X--BORDER SECURITY REQUIREMENTS
The amended bill does not include Title X of the Senate
bill, ``Border Security Requirements.'' The House bill
contained no similar matter. The amended bill includes
$3,000,000,000 of emergency funding for border security
requirements. These matters are addressed in Titles I-IV and
other Divisions of the amended bill and the accompanying
explanatory statement.
Disclosure of Earmarks and Congressional Directed Spending Items
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the House amendment or this explanatory statement,
along with the name of each Senator, House Member, Delegate, or
Resident Commissioner who submitted a request to the Committee
of jurisdiction for each item so identified. Items which did
not appear in the House or Senate versions of H.R. 2638 or the
accompanying committee reports are marked with an asterisk.
Neither the House amendment nor the explanatory statement
contains any limited tax benefits or limited tariff benefits as
defined in the applicable House and Senate rules.
DEPARTMENT OF HOMELAND SECURITY
--------------------------------------------------------------------------------------------------------------------------------------------------------
Account Project Funding Member
--------------------------------------------------------------------------------------------------------------------------------------------------------
CIO National Center for Critical Information Processing and $35,500,000 Thad Cochran
Storage new construction, MS
--------------------------------------------------------------------------------------------------------------------------------------------------------
* CBP Salaries and Expenses Real World testing of Crane-mounted radiation detection 2,000,000 David Price
--------------------------------------------------------------------------------------------------------------------------------------------------------
* CBP Air and Marine Interdiction, Wireless surveillance at Commercial and General Aviation 6,000,000 Bob Etheridge
Operations, Maintenance, and airports, Wireless Access Surveillance Program
Procurement
--------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Advanced Training Center, WV 39,700,000 Robert Byrd
--------------------------------------------------------------------------------------------------------------------------------------------------------
* TSA Aviation Security Deployable flight deck and voice recorders and remote 3,500,000 David Price
location recording devices
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Coast Guard Operating Expenses Center of excellence in logistics and technology (logtech) 450,000 David Price
educational programs, NC
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Coast Guard Operating Expenses Operation Systems Center, WV 3,600,000 Robert Byrd
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Coast Guard Acquisition, Consolidate Sector Buffalo, NY 3,100,000 Brian Higgins
Construction, and Improvements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Elgin, Joliet, and Eastern Railway Company Bridge, Morris, 2,000,000 Richard Durbin, Ray LaHood, Jerry Weller
IL
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Burlington Northern Railroad Bridge, Burlington, IA 1,000,000 Tom Harkin
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Chelsea Street Bridge, Chelsea, MA 2,000,000 Edward Kennedy, John Kerry, Michael
Capuano
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Canadian Pacific Railway Bridge, La Crosse, WI 3,500,000 Herb Kohl, Ron Kind
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Fourteen Mile Bridge, Mobile, AL 3,750,000 Richard Shelby, Spencer Bachus, Jo Bonner
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Galveston Causeway Bridge, Galveston, TX 3,750,000 Kay Bailey Hutchison, John Culberson, Ron
Paul, Ted Poe
--------------------------------------------------------------------------------------------------------------------------------------------------------
* NPPD Infrastructure Protection Philadelphia Infrastructure Monitoring Program, PA 2,000,000 Chaka Fattah
and Information Security
--------------------------------------------------------------------------------------------------------------------------------------------------------
* NPPD Infrastructure Protection State and Local Cybersecurity Training, University of 4,000,000 Ciro Rodriguez
and Information Security Texas, San Antonio, TX
--------------------------------------------------------------------------------------------------------------------------------------------------------
* NPPD Infrastructure Protection Capital Wireless Information Net, University of Maryland, 6,100,000 Steny Hoyer, Chris Van Hollen
and Information Security MD
--------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and National Infrastructure Simulation and Analysis Center, NM 20,000,000 The President, Pete Domenici
Information Security
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Management and Galveston direct messaging pilot program, TX 1,000,000 Nick Lampson
Administration
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs National Domestic Preparedness Consortium 88,000,000 The President
House--Richard Baker, Joe Barton, Kevin
Brady, John Carter, Chet Edwards, Kay
Granger, Ruben Hinojosa, Bobby Jindal,
Solomon P. Ortiz, Ciro Rodriguez
Senate--John Cornyn, Pete Domenici, Kay
Bailey Hutchison, Mary Landrieu, Harry
Reid, David Vitter
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Center for Domestic Preparedness 62,500,000 The President, Richard Shelby
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA State and Local Programs Rural Domestic Preparedness Consortium 8,800,000 Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
FOR INFRASTRUCTURE IMPROVEMENTS, ANALYSIS, AND OTHER
ACTIVITIES FOR
DISASTER MITIGATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Ludlowville Flood Mitigation project, New York State 200,000 Michael Arcuri
Emergency Management Office, NY
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Albany, GA 300,000 Sanford Bishop
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Sumter County Commission, GA 300,000 Sanford Bishop
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Neodesha, KS 200,000 Nancy Boyda
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Adjutant General's Office of Emergency Preparedness, for 3,000,000 James Clyburn
projects in Santee and Manning, SC
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Bosque County, TX 40,000 Chet Edwards
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Town of Clifton Park, NY 94,000 Kirsten Gillibrand
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Calvert County Government, MD 187,500 Steny Hoyer
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Charles County Government, MD 106,500 Steny Hoyer
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation St. Mary's County Government, MD 184,619 Steny Hoyer
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Detroit, MI 1,600,000 Carolyn Kilpatrick
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Coconut Creek, FL 200,000 Ron Klein
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Emeryville, CA 600,000 Barbara Lee
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Rye and Village of Rye Brook, NY 250,000 Nita Lowey
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Yardley Borough, PA 250,000 Patrick Murphy
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Stanley, WI 630,000 David Obey
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Dalton Fire District, MA 750,000 John Olver
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Department of Emergency Management for the City and County 1,000,000 Nancy Pelosi
of San Francisco, CA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Arvada, CO 200,000 Ed Perlmutter
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation North Carolina Department of Crime Control and Public 1,600,000 David Price
Safety, NC
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Los Angeles, CA 13,500 Lucille Roybal-Allard
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Cudahy, CA 65,000 Lucille Roybal-Allard
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Los Angeles Unified School District, CA 1,000,000 Lucille Roybal-Allard
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation North Carolina Department of Agriculture, NC 400,000 Heath Shuler
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Jackson County Board of Supervisors, MS 250,000 Gene Taylor
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Town of Dyer, IN 550,000 Peter Visclosky
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of St. Charles, MN 100,000 Tim Walz
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Public Works Department of Winona County, MN 100,000 Tim Walz
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Louisville's Emergency Management Agency, KY 200,000 John Yarmuth
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Northampton and Lehigh Counties, PA 1,000,000 Charles Dent
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Commonwealth of Pennsylvania, Department of Conservation 990,000 Phil English
and Natural Resources, Presque Isle State Park, PA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Cumberland County Public Schools, VA 400,000 Virgil Goode
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of St. Joseph, MO 1,000,000 Sam Graves
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Kannapolis, NC 625,000 Robin Hayes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Monroe County Office of Emergency Preparedness, NY 1,000,000 John Kuhl
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Sandy Creek Township, City of Franklin, PA 1,000,000 John Peterson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Pierce County, WA 500,000 David Reichert
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Cumberland, KY 2,000,000 Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation University of Kentucky, Department of Civil Engineering, KY 200,000 Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Norwalk, CT 505,000 Christopher Shays
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Onondaga County, NY 500,000 James Walsh
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Onondaga County, for Oswego River Basin, NY 500,000 James Walsh
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of St. Petersburg, for shelter hardening, FL 750,000 Bill Young
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of St. Petersburg, for facility hardening, FL 750,000 Bill Young
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Fitzgerald, GA 75,000 Jim Marshall
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Ashburn, GA 75,000 Jim Marshall
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Butts County Public Works Department, GA 30,000 Jim Marshall
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Monticello, GA 50,000 Jim Marshall
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Haleyville, AL 1,000,000 Robert Aderholt
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Myrtle Beach, SC 500,000 Henry Brown
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Georgetown, TX 1,000,000 John Carter
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Missouri City, TX 200,000 Nick Lampson
--------------------------------------------------------------------------------------------------------------------------------------------------------
FOR ACQUISITION, DEMOLITION AND RELOCATION OF PROPERTY FOR
DISASTER
MITIGATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Chatham County Emergency Management, GA 200,000 John Barrow
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Davenport, IA 200,000 Bruce Braley
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Wayne County Commissioners, PA 200,000 Christopher Carney
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Plymouth, IN 200,000 Joe Donnelly
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Armstrong County, PA 1,000,000 John Murtha
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Holmes County Commission, OH 200,000 Zachary Space
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Harris County Flood Control District, TX 1,000,000 John Culberson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Fort Worth, TX 1,000,000 Kay Granger
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Kannapolis, NC 400,000 Robin Hayes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Town of Pembroke, NH 150,000 Paul Hodes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Greensburg, KY 500,000 Ron Lewis
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Town of Martin, KY 1,350,000 Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Cumberland, KY 650,000 Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
FOR RISK IDENTIFICATION, PLANNING, COMMUNICATION, RESPONSE
COORDINATION, AND MODELING ACTIVITIES FOR DISASTER
MITIGATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Des Moines, IA 200,000 Leonard Boswell
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Radford University, VA 200,000 Rick Boucher
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Washington Military Department, WA 1,000,000 Norman Dicks
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Public Works Department of the City of Santa Cruz, CA 90,000 Sam Farr
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Town of Epsom, NH 50,000 Paul Hodes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Westchester and Rockland Counties, NY 1,000,000 Nita Lowey
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Village of Elmsford, NY 30,000 Nita Lowey
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Arlington County, VA 260,000 James Moran
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Franklin Regional Council of Governments, MA 100,000 John Olver
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation North Carolina Department of Crime Control and Public 3,400,000 David Price
Safety, NC
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Alpine, TX 100,000 Ciro Rodriguez
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Del Rio, TX 600,000 Ciro Rodriguez
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Lehman College, NY 1,000,000 Jose Serrano
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Broward County, FL 500,000 Debbie Wasserman Schultz
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Southeast Missouri State University, MO 430,000 Jo Ann Emerson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Williamstown Lake, Grant and Pendleton Counties, KY 500,000 Geoff Davis
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Whitehall, OH 500,000 David Hobson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Hampton, VA 250,000 Thelma Drake
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Santa Clara County, CA 250,000 Michael Honda
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Regional Joint Readiness Center, Pittsburgh, PA 500,000 Jason Altmire, Mike Doyle, Tim Murphy
--------------------------------------------------------------------------------------------------------------------------------------------------------
FOR EMERGENCY ALERT AND NOTIFICATION SYSTEMS
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Detroit, MI 485,000 Carolyn Kilpatrick
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Los Angeles, CA 100,000 Lucille Roybal-Allard
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Jasper County Government, IN 215,000 Peter Visclosky
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Belton, MO 150,000 Emanuel Cleaver
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation City of Smithville, MO 200,000 Sam Graves
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Local Emergency Planning Committee, Town of Needham, MA 200,000 Stephen Lynch
--------------------------------------------------------------------------------------------------------------------------------------------------------
FOR WILDFIRE MITIGATION ACTIVITIES
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Washington County and Washington County Department of 200,000 Jim Matheson
Public Works, UT
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Arrowhead Regional Development Commission, MN 450,000 James Oberstar
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation San Bernardino County Fire Department, CA 1,500,000 Jerry Lewis
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation Idaho Bureau of Homeland Security, ID 600,000 Mike Simpson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* US Citizenship and Immigration Citizens Advice Bureau, NY 150,000 Jose Serrano
Services
--------------------------------------------------------------------------------------------------------------------------------------------------------
* US Citizenship and Immigration Bronx project, Northern Manhattan Coalition for Immigrant 300,000 Jose Serrano
Services Rights, NY
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLETC, Acquisition, Construction, Artesia Training and Related Facilities new construction, 3,320,000 Pete Domenici
Improvements, and Related NM
Expenses
--------------------------------------------------------------------------------------------------------------------------------------------------------
* S&T Research, Development, RTI International, NC 7,500,000 David Price
Acquisition, and Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Southeast Regional Research Institute 27,000,000 Lamar Alexander, Thad Cochran, Bob Corker
Acquisition, and Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Regional Technology Integration 9,500,000 The President, Dianne Feinstein
Acquisition, and Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* S&T Research, Development, Naval Postgraduate School, CA 2,000,000 The President, Sam Farr
Acquisition, and Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* S&T Research, Development, Community-Based Critical Infrastructure Protection 11,000,000 Harold Rogers
Acquisition, and Operations Institute, KY
--------------------------------------------------------------------------------------------------------------------------------------------------------
* S&T Research, Development, National Transportation Security Center of Excellence 4,000,000 Rosa DeLauro, John Boozman, Joe Courtney,
Acquisition, and Operations; John Larson, Zoe Lofgren, Christopher
General Provision Murphy, Mike Ross, Vic Snyder, Dianne
Feinstein
--------------------------------------------------------------------------------------------------------------------------------------------------------
DNDO, Research, Development and Intermodal Radiation Test Center, WA 5,500,000 Patty Murray
Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* General Provision Pajaro Valley Community Health Trust, CA Sam Farr
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision Peebles School, LA Mary Landrieu
--------------------------------------------------------------------------------------------------------------------------------------------------------
* General Provision Guam Daniel Inouye, Madeleine Bordallo, Mary
Landrieu
--------------------------------------------------------------------------------------------------------------------------------------------------------
* General Provision Communications system, MS Thad Cochran
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Funding Recommendations
The amended bill detailed funding recommendations for
programs are contained in the table listed below.
[GRAPHIC] [TIFF OMITTED] T9564.442
[GRAPHIC] [TIFF OMITTED] T9564.443
[GRAPHIC] [TIFF OMITTED] T9564.444
[GRAPHIC] [TIFF OMITTED] T9564.445
[GRAPHIC] [TIFF OMITTED] T9564.446
[GRAPHIC] [TIFF OMITTED] T9564.447
[GRAPHIC] [TIFF OMITTED] T9564.448
[GRAPHIC] [TIFF OMITTED] T9564.449
[GRAPHIC] [TIFF OMITTED] T9564.450
[GRAPHIC] [TIFF OMITTED] T9564.451
[GRAPHIC] [TIFF OMITTED] T9564.452
[GRAPHIC] [TIFF OMITTED] T9564.453
[GRAPHIC] [TIFF OMITTED] T9564.454
[GRAPHIC] [TIFF OMITTED] T9564.455
[GRAPHIC] [TIFF OMITTED] T9564.456
[GRAPHIC] [TIFF OMITTED] T9564.457
[GRAPHIC] [TIFF OMITTED] T9564.458
[GRAPHIC] [TIFF OMITTED] T9564.459
[GRAPHIC] [TIFF OMITTED] T9564.460
[GRAPHIC] [TIFF OMITTED] T9564.461
[GRAPHIC] [TIFF OMITTED] T9564.462
[GRAPHIC] [TIFF OMITTED] T9564.463
[GRAPHIC] [TIFF OMITTED] T9564.464
[GRAPHIC] [TIFF OMITTED] T9564.465
[GRAPHIC] [TIFF OMITTED] T9564.466
[GRAPHIC] [TIFF OMITTED] T9564.467
[GRAPHIC] [TIFF OMITTED] T9564.468
[GRAPHIC] [TIFF OMITTED] T9564.469
[GRAPHIC] [TIFF OMITTED] T9564.470
[GRAPHIC] [TIFF OMITTED] T9564.471
[GRAPHIC] [TIFF OMITTED] T9564.472
[GRAPHIC] [TIFF OMITTED] T9564.473
[GRAPHIC] [TIFF OMITTED] T9564.474
[GRAPHIC] [TIFF OMITTED] T9564.475
[GRAPHIC] [TIFF OMITTED] T9564.476
[GRAPHIC] [TIFF OMITTED] T9564.477
[GRAPHIC] [TIFF OMITTED] T9564.478
[GRAPHIC] [TIFF OMITTED] T9564.479
[GRAPHIC] [TIFF OMITTED] T9564.480
AMENDED BILL TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for fiscal
year 2008 provided in the amended bill, with comparisons to the
fiscal year 2007 amount, the 2008 budget estimates, and the
House and Senate bills for 2008 follow;
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2007... $40,307.323
Budget estimates of new (obligational) authority, fiscal
year 2008........................................... 35,497,333
House bill, fiscal year 2008............................ 37,446,480
Senate bill, fiscal year 2008........................... 40,623,434
Amended bill, fiscal year 2008.......................... 38,746,643
Amended bill compared with:
New budget (obligational) authority, fiscal year
2007.............................................. -1,560,680
Budget estimates of new (obligational) authority,
fiscal year 2008.................................. +3,249,310
House bill, fiscal year 2008........................ +1,300,163
Senate bill, fiscal year 2008....................... -1,876,791