[Congressional Record Volume 153, Number 119 (Tuesday, July 24, 2007)]
[Senate]
[Pages S9839-S9851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2383. Mr. BYRD (for himself and Mr. Cochran) proposed an amendment 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

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

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       For necessary expenses of the Office of the Secretary of 
     Homeland Security, as authorized by section 102 of the 
     Homeland Security Act of 2002 (6 U.S.C. 112), and executive 
     management of the Department of Homeland Security, as 
     authorized by law, $100,000,000: Provided, That not to exceed 
     $40,000 shall be for official reception and representation 
     expenses: Provided further, That $15,000,000 shall not be 
     available for obligation until the Secretary certifies and 
     reports to the Committees on Appropriations of the Senate and 
     the House of Representatives that the Department has revised 
     Departmental guidance with respect to relations with the 
     Government Accountability Office to specifically provide for: 
     (1) expedited timeframes for providing the Government 
     Accountability Office with access to records not to exceed 20 
     days from the date of request; (2) expedited timeframes for 
     interviews of program officials by

[[Page S9840]]

     the Government Accountability Office after reasonable notice 
     has been furnished to the Department by the Government 
     Accountability Office; and (3) a significant streamlining of 
     the review process for documents and interview requests by 
     liaisons, counsel, and program officials, consistent with the 
     objective that the Government Accountability Office be given 
     timely and complete access to documents and agency officials: 
     Provided further, That the Secretary shall make the revisions 
     to Departmental guidance with respect to relations with the 
     Government Accountability Office in consultation with the 
     Comptroller General of the United States.

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

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

                        Analysis and Operations

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

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                      Office of Inspector General


                           Operating Expenses

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

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                         Salaries and Expenses

       For necessary expenses for enforcement of laws relating to 
     border security, immigration, customs, and agricultural 
     inspections and regulatory activities related to plant and 
     animal imports; purchase and lease of up to 4,500 (2,400 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $6,601,058,000; of 
     which $230,316,000 shall remain available until September 30, 
     2009, to support software development, equipment, contract 
     services, and the implementation of inbound lanes and 
     modification to vehicle primary processing lanes at ports of 
     entry; of which $3,093,000 shall be derived from the Harbor 
     Maintenance Trust Fund for administrative expenses related to 
     the collection of the Harbor Maintenance Fee pursuant to 
     section 9505(c)(3) of the Internal Revenue Code of 1986 (26 
     U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of 
     the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of 
     which not to exceed $45,000 shall be for official reception 
     and representation expenses; of which not less than 
     $226,740,000 shall be for Air and Marine Operations; of which 
     such sums as become available in the Customs User Fee 
     Account, except sums subject to section 13031(f)(3) of the 
     Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
     U.S.C. 58c(f)(3)), shall be derived from that account; of 
     which not to exceed $150,000 shall be available for payment 
     for rental space in connection with preclearance operations; 
     and of which not to exceed $1,000,000 shall be for awards of 
     compensation to informants, to be accounted for solely under 
     the certificate of the Secretary of Homeland Security: 
     Provided, That for fiscal year 2008, the overtime limitation 
     prescribed in section 5(c)(1) of the Act of February 13, 1911 
     (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding 
     any other provision of law, none of the funds appropriated by 
     this Act may be available to compensate any employee of 
     United States Customs and Border Protection for overtime, 
     from whatever source, in an amount that exceeds such 
     limitation, except in individual cases determined by the 
     Secretary of Homeland Security, or the designee of the 
     Secretary, to be necessary for national security purposes, to 
     prevent excessive costs, or in cases of immigration 
     emergencies.


                        Automation Modernization

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


        Border Security Fencing, Infrastructure, and Technology

       For expenses for customs and border protection fencing, 
     infrastructure, and technology, $1,000,000,000, to remain 
     available until expended: Provided, That of the amount 
     provided under this heading, $500,000,000 shall not be 
     obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives receive and approve a 
     plan for expenditure, prepared by the Secretary of Homeland 
     Security and submitted within 90 days after the date of 
     enactment of this Act, that includes:
       (1) a detailed accounting of the program's progress to date 
     relative to system capabilities or services, system 
     performance levels, mission benefits and outcomes, 
     milestones, cost targets, and program management 
     capabilities;
       (2) an explicit plan of action defining how all funds are 
     to be obligated to meet future program commitments, with the 
     planned expenditure of funds linked to the milestone-

[[Page S9841]]

     based delivery of specific capabilities, services, 
     performance levels, mission benefits and outcomes, and 
     program management capabilities;
       (3) a listing of all open Government Accountability Office 
     and Office of Inspector General recommendations related to 
     the program and the status of Department of Homeland Security 
     actions to address the recommendations, including milestones 
     for fully addressing them;
       (4) a certification by the Chief Financial Officer of the 
     Department that the program has been reviewed and approved in 
     accordance with the investment management process of the 
     Department, and that the process fulfills all capital 
     planning and investment control requirements and reviews 
     established by the Office of Management and Budget, including 
     Circular A-11, part 7;
       (5) a certification by the Chief Information Officer of the 
     Department that an independent validation and verification 
     agent has and will continue to actively review the program;
       (6) a certification by the Chief Information Officer of the 
     Department that the system architecture of the program is 
     sufficiently aligned with the information systems enterprise 
     architecture of the Department to minimize future rework, 
     including a description of all aspects of the architectures 
     that were and were not assessed in making the alignment 
     determination, the date of the alignment determination, any 
     known areas of misalignment along with the associated risks 
     and corrective actions to address any such areas;
       (7) a certification by the Chief Procurement Officer of the 
     Department that the plans for the program comply with the 
     Federal acquisition rules, requirements, guidelines, and 
     practices, and a description of the actions being taken to 
     address areas of non-compliance, the risks associated with 
     them along with any plans for addressing these risks and the 
     status of their implementation;
       (8) a certification by the Chief Information Officer of the 
     Department that the program has a risk management process 
     that regularly identifies, evaluates, mitigates, and monitors 
     risks throughout the system life cycle, and communicates 
     high-risk conditions to agency and department heads, as well 
     as a listing of all the program's high risks and the status 
     of efforts to address them;
       (9) a certification by the Chief Human Capital Officer of 
     the Department that the human capital needs of the program 
     are being strategically and proactively managed, and that 
     current human capital capabilities are sufficient to execute 
     the plans discussed in the report;
       (10) a description of initial plans for securing the 
     Northern border and United States maritime border; and
       (11) which is reviewed by the Government Accountability 
     Office.


 Air and Marine Interdiction, Operations, Maintenance, and Procurement

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


                              Construction

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

                U.S. Immigration and Customs Enforcement


                         Salaries and Expenses

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


                       Federal Protective Service

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


                        Automation Modernization

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


                              Construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $16,250,000, to remain available 
     until expended.

                 Transportation Security Administration


                           Aviation Security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
     $5,039,559,000, to remain available until September 30, 2009, 
     of which not to exceed $10,000 shall be for official 
     reception and representation expenses: Provided, That of the 
     total amount made available under this heading, not to exceed 
     $4,074,889,000 shall be for screening operations, of which 
     $529,400,000 shall be available only for procurement and 
     installation of checked baggage explosive detection systems; 
     and not to exceed $964,445,000 shall be for aviation security 
     direction and enforcement: Provided further, That security 
     service fees authorized under section 44940 of title 49, 
     United States Code, shall be credited to this appropriation 
     as offsetting collections and shall be available only for 
     aviation security: Provided further, That the sum herein 
     appropriated from the General Fund shall be reduced on a 
     dollar-for-dollar basis as such offsetting collections are 
     received during fiscal year 2008, so as to result in a final 
     fiscal year appropriation from the General Fund estimated at 
     not more than $2,329,334,000: Provided further, That any 
     security service fees collected in excess of the amount made 
     available under this heading shall become available during 
     fiscal year 2009: Provided further, That Members of the 
     United States House of Representatives and United States 
     Senate, including the leadership; and the heads of Federal 
     agencies and commissions, including the Secretary, Under 
     Secretaries, and Assistant Secretaries of the Department of 
     Homeland Security; the United States Attorney General and 
     Assistant Attorneys General and the United States attorneys; 
     and senior members of the Executive Office of the President, 
     including the Director of the Office of Management and 
     Budget; shall not be exempt from Federal passenger and 
     baggage screening.


                    Surface Transportation Security

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


           Transportation Threat Assessment and Credentialing

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


                    Transportation Security Support

       For necessary expenses of the Transportation Security 
     Administration related to

[[Page S9842]]

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


                          Federal Air Marshals

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

                       United States Coast Guard


                           Operating Expenses

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


                Environmental Compliance and Restoration

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


                            Reserve Training

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


              Acquisition, Construction, and Improvements

                    (including rescissions of funds)

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


                         Alteration of Bridges

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


              Research, Development, Test, and Evaluation

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


                              Retired Pay

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

                      United States Secret Service


                         salaries and expenses

       For necessary expenses of the United States Secret Service, 
     including purchase of

[[Page S9843]]

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


     Acquisition, Construction, Improvements, and Related Expenses

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

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate


                     Management and Administration

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


           Infrastructure Protection and Information Security

       For necessary expenses for infrastructure protection and 
     information security programs and activities, as authorized 
     by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.), $527,099,000, of which $497,099,000 shall 
     remain available until September 30, 2009.


    United States Visitor and Immigrant Status Indicator Technology

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     project, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a), $362,000,000, to remain available until 
     expended: Provided, That of the total amount made available 
     under this heading, $100,000,000 may not be obligated for the 
     United States Visitor and Immigrant Status Indicator 
     Technology project until the Committees on Appropriations of 
     the Senate and the House of Representatives receive and 
     approve a plan for expenditure prepared by the Secretary of 
     Homeland Security that includes:
       (1) a detailed accounting of the program's progress to date 
     relative to system capabilities or services, system 
     performance levels, mission benefits and outcomes, 
     milestones, cost targets, and program management 
     capabilities;
       (2) an explicit plan of action defining how all funds are 
     to be obligated to meet future program commitments, with the 
     planned expenditure of funds linked to the milestone-based 
     delivery of specific capabilities, services, performance 
     levels, mission benefits and outcomes, and program management 
     capabilities;
       (3) a listing of all open Government Accountability Office 
     and Office of Inspector General recommendations related to 
     the program and the status of Department of Homeland Security 
     actions to address the recommendations, including milestones 
     for fully addressing them;
       (4) a certification by the Chief Financial Officer of the 
     Department that the program has been reviewed and approved in 
     accordance with the investment management process of the 
     Department, and that the process fulfills all capital 
     planning and investment control requirements and reviews 
     established by the Office of Management and Budget, including 
     Circular A-11, part 7;
       (5) a certification by the Chief Information Officer of the 
     Department that an independent validation and verification 
     agent has and will continue to actively review the program;
       (6) a certification by the Chief Information Officer of the 
     Department that the system architecture of the program is 
     sufficiently aligned with the information systems enterprise 
     architecture of the Department to minimize future rework, 
     including a description of all aspects of the architectures 
     that were and were not assessed in making the alignment 
     determination, the date of the alignment determination, any 
     known areas of misalignment along with the associated risks 
     and corrective actions to address any such areas;
       (7) a certification by the Chief Procurement Officer of the 
     Department that the plans for the program comply with the 
     Federal acquisition rules, requirements, guidelines, and 
     practices, and a description of the actions being taken to 
     address areas of non-compliance, the risks associated with 
     them along with any plans for addressing these risks and the 
     status of their implementation;
       (8) a certification by the Chief Information Officer of the 
     Department that the program has a risk management process 
     that regularly identifies, evaluates, mitigates, and monitors 
     risks throughout the system life cycle, and communicates 
     high-risk conditions to agency and department heads, as well 
     as a listing of all the program's high risks and the status 
     of efforts to address them;
       (9) a certification by the Chief Human Capital Officer of 
     the Department that the human capital needs of the program 
     are being strategically and proactively managed, and that 
     current human capital capabilities are sufficient to execute 
     the plans discussed in the report; and
       (10) which is reviewed by the Government Accountability 
     Office.

                        Office of Health Affairs

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

                  Federal Emergency Management Agency


                     Management and Administration

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


                        State and Local Programs

       For grants, contracts, cooperative agreements, and other 
     activities, including grants to State and local governments 
     for terrorism prevention activities, notwithstanding any 
     other provision of law, $3,030,500,000, which shall be 
     allocated as follows:
       (1) $525,000,000 for formula-based grants and $375,000,000 
     for law enforcement terrorism prevention grants, to be 
     allocated in accordance with section 1014 of the USA PATRIOT 
     ACT (42 U.S.C. 3714): Provided, That not to exceed 3 percent 
     of these amounts shall be available for program 
     administration: Provided further, That the application for 
     grants shall be made available to States within 45 days 
     after the date of enactment of this Act; that States shall 
     submit applications within 90 days after the grant 
     announcement; and the Federal Emergency Management Agency 
     shall act within 90 days after receipt of an application: 
     Provided further, That, in the

[[Page S9844]]

     event established timeframes detailed in the preceding 
     proviso for departmental actions are missed, funding for 
     the Immediate Office of the Deputy Secretary shall be 
     reduced by $1,000 per day until such actions are executed: 
     Provided further, That not less than 80 percent of any 
     grant under this paragraph to a State shall be made 
     available by the State to local governments within 60 days 
     after the receipt of the funds; except in the case of 
     Puerto Rico, where not less than 50 percent of any grant 
     under this paragraph shall be made available to local 
     governments within 60 days after the receipt of the funds.
       (2) $1,836,000,000 for discretionary grants, as determined 
     by the Secretary of Homeland Security, of which--
       (A) $820,000,000 shall be for use in high-threat, high-
     density urban areas, of which $20,000,000 shall be available 
     for assistance to organizations (as described under section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from tax section 501(a) of such code) determined by the 
     Secretary to be at high-risk of a terrorist attack;
       (B) $50,000,000 shall be for the Regional Catastrophic 
     Preparedness Grants;
       (C) $400,000,000 shall be for infrastructure protection 
     grants related to port security pursuant to 46 U.S.C. 70107;
       (D) $16,000,000 shall be for infrastructure protection 
     grants related to trucking industry security;
       (E) $12,000,000 shall be for infrastructure protection 
     grants related to intercity bus security;
       (F) $400,000,000 shall be for infrastructure protection 
     grants related to intercity rail passenger transportation (as 
     defined in section 24102 of title 49, United States Code), 
     freight rail, and transit security;
       (G) $50,000,000 shall be for infrastructure protection 
     grants related to buffer zone protection;
       (H) $40,000,000 shall be available for the Commercial 
     Equipment Direct Assistance Program;
       (I) $33,000,000 shall be for the Metropolitan Medical 
     Response System; and
       (J) $15,000,000 shall be for Citizens Corps:

     Provided, That not to exceed 3 percent of subparagraphs (A)-
     (J) shall be available for program administration: Provided 
     further, That for grants under subparagraphs (A), (B), and 
     (J), the application for grants shall be made available to 
     States within 45 days after the date of enactment of this 
     Act; that States shall submit applications within 90 days 
     after the grant announcement; and that the Federal Emergency 
     Management Agency shall act within 90 days after receipt of 
     an application: Provided further, That, in the event 
     established timeframes detailed in the preceding proviso for 
     departmental actions are missed, funding for the Immediate 
     Office of the Deputy Secretary shall be reduced by $1,000 per 
     day until such actions are executed: Provided further,  That 
     no less than 80 percent of any grant under this paragraph to 
     a State shall be made available by the State to local 
     governments within 60 days after the receipt of the funds: 
     Provided further, That for grants under subparagraphs (C) 
     through (G), the applications for such grants shall be made 
     available to eligible applicants not later than 75 days after 
     the date of enactment of this Act, eligible applicants shall 
     submit applications not later than 45 days after the date of 
     the grant announcement, and the Federal Emergency Management 
     Agency shall act on such applications not later than 60 days 
     after the date on which such an application is received: 
     Provided further, That, in the event established timeframes 
     detailed in the preceding proviso for departmental actions 
     are missed, funding for the Immediate Office of the Deputy 
     Secretary shall be reduced by $1,000 per day until such 
     actions are executed.
       (3) $294,500,000 for training, exercises, technical 
     assistance, and other programs:

     Provided, That none of the grants provided under this heading 
     shall be used for the construction or renovation of 
     facilities, except for a minor perimeter security project, 
     not to exceed $1,000,000, as determined necessary by the 
     Secretary of Homeland Security: Provided further, That the 
     preceding proviso shall not apply to grants under 
     subparagraphs (B), (C), (F), and (G) of paragraph (2) of this 
     heading: Provided further, That funds appropriated for law 
     enforcement terrorism prevention grants under paragraph (1) 
     of this heading and discretionary grants under paragraph 
     (2)(A) of this heading shall be available for operational 
     costs, to include personnel overtime and overtime associated 
     with the Federal Emergency Management Agency certified 
     training, as needed: Provided further, That the Government 
     Accountability Office shall report on the validity, 
     relevance, reliability, timeliness, and availability of the 
     risk factors (including threat, vulnerability, and 
     consequence) used by the Secretary of Homeland Security for 
     the purpose of allocating grants funded under this heading, 
     and the application of those factors in the allocation of 
     funds to the Committees on Appropriations of the Senate and 
     the House of Representatives on its findings not later than 
     45 days after the date of enactment of this Act: Provided 
     further, That within seven days after the date of enactment 
     of this Act, the Secretary of Homeland Security shall provide 
     the Government Accountability Office with the risk 
     methodology and other factors that will be used to allocate 
     grants funded under this heading.


                     Firefighter Assistance Grants

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


                Emergency Management Performance Grants

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


              Radiological Emergency Preparedness Program

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


                   United States Fire Administration

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


                            Disaster Relief

                     (including transfer of funds)

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


            Disaster Assistance Direct Loan Program Account

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


                      Flood Map Modernization Fund

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


                     National Flood Insurance Fund

                     (including transfer of funds)

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

[[Page S9845]]

     not exceed four percent of the total appropriation.


                     National Flood Mitigation Fund

                     (including transfer of funds)

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


                 National Pre-Disaster Mitigation Fund

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


                       Emergency Food and Shelter

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center


                         Salaries and Expenses

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


     Acquisitions, Construction, Improvements, and Related Expenses

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

                         Science and Technology


                     management and administration

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


           Research, Development, Acquisition, and Operations

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

                   Domestic Nuclear Detection Office


                     Management and Administration

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


           Research, Development, Acquisition, and Operations

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


                          Systems Acquisition

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

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502. None of the funds available in this Act shall be 
     available to carry out section 872 of Public Law 107-296.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2008, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds for any program, 
     project, or activity for which funds have been denied or 
     restricted by the Congress; (4) proposes to use funds 
     directed for a specific activity by either of the Committees 
     on Appropriations of the Senate or the House of 
     Representatives for a different purpose; or (5) contracts out 
     any function or activity for which funding levels were 
     requested for Federal full-time equivalents in the object 
     classification tables contained in the fiscal year 2008 
     Budget Appendix for the Department of Homeland Security, as 
     modified by the joint explanatory statement accompanying this 
     Act; unless the Committees on Appropriations of the Senate 
     and the House of Representatives are notified 15 days in 
     advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2008, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure for programs, projects, or 
     activities through a reprogramming of funds in excess of 
     $5,000,000 or 10 percent, whichever is less, that: (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by the Congress; or (3) results from any general 
     savings from a reduction in personnel that would result in a 
     change in existing programs, projects, or activities as 
     approved by the Congress; unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriations, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers: Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) of this section 
     and shall not be available for obligation unless the 
     Committees on Appropriations of the Senate and the House of 
     Representatives are notified 15 days in advance of such 
     transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances which imminently threaten the safety of human 
     life or the protection of property.
       Sec. 504. None of the funds appropriated or otherwise made 
     available to the Department of Homeland Security may be used 
     to make payments to the ``Department of Homeland Security 
     Working Capital Fund'', except for the activities and amounts 
     allowed in the President's fiscal year 2008 budget, excluding

[[Page S9846]]

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


                         (rescission of funds)

       Sec. 522. From the unobligated balances of funds 
     transferred to the Department of Homeland Security when it 
     was created in 2003, excluding mandatory appropriations, 
     $45,000,000 is rescinded, of which $12,000,000 shall be 
     rescinded from Departmental Operations; $12,000,000 shall be 
     rescinded from the Office of State and Local Government 
     Coordination; and $6,000,000 shall be rescinded from the 
     Working Capital Fund.
       Sec. 523. Any funds appropriated to United States Coast 
     Guard, ``Acquisition, Construction, and Improvements'' in 
     fiscal years 2002,

[[Page S9847]]

     2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat 
     conversion that are recovered, collected, or otherwise 
     received as the result of negotiation, mediation, or 
     litigation, shall be available until expended for the 
     Replacement Patrol Boat (FRC-B) program.
       Sec. 524. The Department of Homeland Security Working 
     Capital Fund, established, pursuant to  section 403 of Public 
     Law 103-356 (31 U.S.C. 501 note), shall continue operations 
     during fiscal year 2008.
       Sec. 525. (a) The Federal Emergency Management Agency 
     (FEMA) shall submit a quarterly report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     detailing the allocation and obligation of funds for 
     ``Disaster Relief'' to include:
       (1) status of the Disaster Relief Fund (DRF) including 
     obligations, allocations, and amounts undistributed/
     unallocated;
       (2) allocations, obligations, and expenditures for all open 
     disasters;
       (3) information on national flood insurance claims;
       (4) obligations, allocations and expenditures by State for 
     unemployment, crisis counseling, inspections, housing 
     assistance, manufactured housing, public assistance and 
     individual assistance;
       (5) mission assignment obligations by agency, including:
       (A) the amounts reimbursed to other agencies that are in 
     suspense because FEMA has not yet reviewed and approved the 
     documentation supporting the expenditure; and
       (B) a disclaimer if the amounts of reported obligations and 
     expenditures do not reflect the status of such obligations 
     and expenditures from a government-wide perspective;
       (6) the amount of credit card purchases by agency and 
     mission assignment;
       (7) specific reasons for all waivers granted and a 
     description of each waiver;
       (8) a list of all contracts that were awarded on a sole 
     source or limited competition basis, including the dollar 
     amount, the purpose of the contract and the reason for the 
     lack of competitive award; and
       (9) an estimate of when available appropriations will be 
     exhausted, assuming an average disaster season.
       (b) The Secretary of Homeland Security shall at least 
     quarterly obtain from agencies performing mission assignments 
     each such agency's actual obligation and expenditure data and 
     report to the Committees on Appropriations of the Senate and 
     the House of Representatives.
       (c) For any request for reimbursement from a Federal agency 
     to the Department of Homeland Security to cover expenditures 
     under the Stafford Act (42 U.S.C. 5121 et seq.), or any 
     mission assignment orders issued by the Department of 
     Homeland Security for such purposes, the Secretary of 
     Homeland Security shall take appropriate steps to ensure that 
     each agency is periodically reminded of Department of 
     Homeland Security policies on--
       (1) the detailed information required in supporting 
     documentation for reimbursements, and
       (2) the necessity for timeliness of agency billings.
       Sec. 526. Within 45 days after the close of each month, the 
     Chief Financial Officer of the Department of Homeland 
     Security shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives a monthly budget 
     and staffing report that includes total obligations, on-board 
     versus funded full-time equivalent staffing levels, and the 
     number of contract employees by office.
       Sec. 527. Section 532(a) of Public Law 109-295 is amended 
     by striking ``2007'' and inserting ``2008''.
       Sec. 528. The Federal Law Enforcement Training Center 
     instructor staff shall be classified as inherently 
     governmental for the purpose of the Federal Activities 
     Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       Sec. 529. None of the funds provided in this Act may be 
     used to alter or reduce operations within the Civil 
     Engineering Program of the Coast Guard nationwide, including 
     the civil engineering units, facilities, design, and 
     construction centers, maintenance and logistics command 
     centers, and the Coast Guard Academy, except as specifically 
     authorized by a statute enacted after the date of enactment 
     of this Act.
       Sec. 530. Extension of the Implementation Deadline for the 
     Western Hemisphere Travel Initiative. Subparagraph (A) of 
     section 7209(b)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
     note) is amended by striking ``This plan shall be implemented 
     not later than three months after the Secretary of State and 
     the Secretary of Homeland Security make the certifications 
     required in subsection (B), or June 1, 2009, whichever is 
     earlier.'' and inserting ``Such plan may not be implemented 
     earlier than the date that is the later of 3 months after the 
     Secretary of State and the Secretary of Homeland Security 
     make the certification required in subparagraph (B) or June 
     1, 2009.''.
       Sec. 531. Section 550 of the Department of Homeland 
     Security Appropriations Act, 2007 (6 U.S.C. 121 note) is 
     amended by adding at the end the following:
       ``(h) This section shall not preclude or deny any right of 
     any State or political subdivision thereof to adopt or 
     enforce any regulation, requirement, or standard of 
     performance with respect to chemical facility security that 
     is more stringent than a regulation, requirement, or standard 
     of performance issued under this section, or otherwise impair 
     any right or jurisdiction of any State with respect to 
     chemical facilities within that State, unless there is an 
     actual conflict between this section and the law of that 
     State.''.
       Sec. 532. None of the funds provided in this Act under the 
     heading ``Office of the Chief Information Officer'' shall be 
     used for data center development other than for the National 
     Center for Critical Information Processing and Storage until 
     the Chief Information Officer certifies that the National 
     Center for Critical Information Processing and Storage is 
     fully utilized as the Department's primary data storage 
     center at the highest capacity throughout the fiscal year.
       Sec. 533. None of the funds in this Act shall be used to 
     reduce the United States Coast Guard's Operations Systems 
     Center mission or its government-employed or contract staff 
     levels.
       Sec. 534. (a) Notwithstanding section 503 of this Act, up 
     to $25,000,000 from prior year balances currently available 
     to the Transportation Security Administration may be 
     transferred to ``Transportation Threat Assessment and 
     Credentialing'' for the Secure Flight program.
       (b) In carrying out the transfer authority under subsection 
     (a), the Transportation Security Administration shall not 
     utilize any prior year balances from the following programs: 
     screener partnership program; explosive detection system 
     purchase; explosive detection system installation; checkpoint 
     support; aviation regulation and other enforcement; air 
     cargo; and air cargo research and development: Provided, That 
     any funds proposed to be transferred under this section shall 
     not be available for obligation until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve a plan for expenditure for such funds 
     that is submitted by the Secretary of Homeland Security: 
     Provided further, That the plan shall be submitted 
     simultaneously to the Government Accountability Office for 
     review consistent with its ongoing assessment of the Secure 
     Flight Program as mandated by section 522(a) of Public Law 
     108-334 (118 Stat. 1319).
       Sec. 535. Disaster Assistance for Schools. (a) 
     Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency;
       (2) the term ``covered assistance'' means assistance--
       (A) provided under section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5172);
       (B) to be used to--
       (i) repair, restore, reconstruct, or replace school 
     facilities; or
       (ii) replace lost contents of a school; and
       (C) for damage caused by Hurricane Katrina of 2005 or 
     Hurricane Rita of 2005; and
       (3) the term ``local educational agency'' has the meaning 
     given that term in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (b) Assistance to Schools.--
       (1) In general.--A local educational agency that has 
     applied for covered assistance before the date of enactment 
     of this Act may request that such assistance (including any 
     eligible costs discovered after the date of the estimate of 
     eligible costs under section 406(e)(1)(A) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(e)(1)(A)) and any cost that was determined to be 
     an eligible cost after an appeal or review) be provided in a 
     single payment.
       (2) Disbursement of assistance.--Not later than 30 days 
     after the date that a local educational agency makes a 
     request under paragraph (1), the Administrator shall provide 
     in a single payment any covered assistance for any eligible 
     cost that was approved by the Administrator on or before the 
     date of that request.
       (3) Flood insurance reduction.--For any covered assistance 
     provided under paragraph (2), the Administrator shall make 
     not more than 1 reduction under section 406(d) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(d)) in the amount of assistance provided.
       (c) Alternate Use.--For any covered assistance provided 
     under subsection (b)(2), the amount of that assistance shall 
     not be reduced under section 406(c)(1) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(c)(1)).
       (d) Applicability.--This section shall apply to any covered 
     assistance provided on or after the date of enactment of this 
     Act.
       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2008''.
                                 ______
                                 
  SA 2384. Mr. VITTER proposed an amendment to amendment SA 2383 
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; as 
follows:

       On page 69, after line 24, add the following:

     SEC. 536. PROHIBITION OF RESTRICTION ON USE OF AMOUNTS.

       (a) In General.--Subject to subsection (c), and 
     notwithstanding any other provision of law, the President 
     shall not prohibit the use by the State of Louisiana under 
     the Road Home Program of that State of any amounts described 
     in subsection (e), based upon the

[[Page S9848]]

     existence or extent of any requirement or condition under 
     that program that--
       (1) limits the amount made available to an eligible 
     homeowner who does not agree to remain an owner and occupant 
     of a home in Louisiana; or
       (2) waives the applicability of any limitation described in 
     paragraph (1) for eligible homeowners who are elderly or 
     senior citizens.
       (b) Procedures.--The Administrator of the Federal Emergency 
     Management Agency shall identify and implement mechanisms to 
     simplify the expedited distribution of amounts described in 
     subsection (e), including--
       (1) creating a programmatic cost-benefit analysis to 
     provide a means of conducting cost-benefit analysis by 
     project type and geographic factors rather than on a 
     structure-by-structure basis; and
       (2) developing a streamlined environmental review process 
     to significantly speed the approval of project applications.
       (c) Waiver.--
       (1) In general.--Except as provided in paragraph (2), in 
     using amounts described in subsection (e), the President 
     shall waive the requirements of section 206.434(c) of title 
     44, Code of Federal Regulations (or any corresponding similar 
     regulation or ruling), or specify alternative requirements, 
     upon a request by the State of Louisiana that such waiver is 
     required to facilitate the timely use of funds or a guarantee 
     provided under section 404 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c).
       (2) Exception.--The President may not waive any requirement 
     relating to fair housing, nondiscrimination, labor standards, 
     or, except as provided in subsection (b), the environment 
     under paragraph (1).
       (d) Savings Provision.--Except as provided in subsections 
     (a), (b), and (c), section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c) shall apply to amounts described in subsection (e) 
     that are used by the State of Louisiana under the Road Home 
     Program of that State.
       (e) Covered Amounts.--The amounts described in this 
     subsection are any amounts provided to the State of Louisiana 
     because of Hurricane Katrina of 2005 or Hurricane Rita of 
     2005 under the hazard mitigation grant program of the Federal 
     Emergency Management Agency under section 404 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170c).
                                 ______
                                 
  SA 2385. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. ACCOUNTABILITY IN GRANT AND CONTRACT 
                   ADMINISTRATION.

       The Department of Homeland Security, including the Federal 
     Emergency Management Agency, shall--
       (1) consider implementation, through fair and open 
     competition, of an already available electronic management, 
     tracking, accountability system to strengthen and enhance 
     information sharing on Federal and State grant allocations, 
     distribution, expenditures, and asset tracking at the Federal 
     and State level; and
       (2) provide for efficient and accountable purchasing by 
     considering usage of Federal contracts and multi-state 
     cooperative purchasing agreements.
                                 ______
                                 
  SA 2386. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. 
Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 69, after line 24, add the following:

     SEC. __. 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''.
                                 ______
                                 
  SA 2387. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. 
Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. SEXUAL ABUSE.

       Sections 2241, 2242, 2243, and 2244 of title 18, United 
     States Code, are each amended by striking ``the Attorney 
     General'' each place that term appears and inserting ``the 
     head of any Federal department or agency''.
                                 ______
                                 
  SA 2388. Mr. BINGAMAN (for himself, Mr. Domenici, Mrs. Hutchison, Mr. 
Cornyn, and Mr. Salazar) submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       At the end of the bill, insert the following:

              TITLE VI--BORDER LAW ENFORCEMENT RELIEF ACT

     SEC. 601. SHORT TITLE.

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

     SEC. 602. BORDER RELIEF GRANT PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to an 
     eligible law enforcement agency to provide assistance to such 
     agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2008 through 2012.
       (3) Competitive basis.--The Secretary shall award grants 
     under this subsection on a competitive basis, except that the 
     Secretary shall give priority to applications from any 
     eligible law enforcement agency serving a community--
       (A) with a population of less than 50,000; and
       (B) located no more than 100 miles from a United States 
     border with--
       (i) Canada; or
       (ii) Mexico.
       (b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may only be used to provide additional resources for an 
     eligible law enforcement agency to address criminal activity 
     occurring along any such border, including--
       (1) to obtain equipment;
       (2) to hire additional personnel;
       (3) to upgrade and maintain law enforcement technology;
       (4) to cover operational costs, including overtime and 
     transportation costs; and
       (5) such other resources as are available to assist that 
     agency.
       (c) Application.--
       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.
       (d) Definitions.--For the purposes of this section:
       (1) Eligible law enforcement agency.--The term ``eligible 
     law enforcement agency'' means a tribal, State, or local law 
     enforcement agency--
       (A) located in a county no more than 100 miles from a 
     United States border with--
       (i) Canada; or
       (ii) Mexico; or
       (B) located in a county more than 100 miles from any such 
     border, but where such county has been certified by the 
     Secretary as a High Impact Area.
       (2) High impact area.--The term ``High Impact Area'' means 
     any county designated by the Secretary as such, taking into 
     consideration--
       (A) whether local law enforcement agencies in that county 
     have the resources to protect the lives, property, safety, or 
     welfare of the residents of that county;
       (B) the relationship between any lack of security along the 
     United States border and the rise, if any, of criminal 
     activity in that county; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Homeland Security.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $50,000,000 for each of fiscal years 2008 through 2012 to 
     carry out the provisions of this section.
       (2) Division of authorized funds.--Of the amounts 
     authorized under paragraph (1)--

[[Page S9849]]

       (A) \2/3\ shall be set aside for eligible law enforcement 
     agencies located in the 6 States with the largest number of 
     undocumented alien apprehensions; and
       (B) \1/3\ shall be set aside for areas designated as a High 
     Impact Area under subsection (d).
       (f) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other State and local public funds obligated for the 
     purposes provided under this title.

     SEC. 603. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

       Nothing in this title shall be construed to authorize State 
     or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.
                                 ______
                                 
  SA 2389. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:

     SEC. 536. FLEXIBILITY OF FEDERAL FUNDS FOR ROAD HOME PROGRAM.

       (a) Prohibition of Restriction on Use of Amounts.--
       (1) In general.--Subject to paragraph (2) and 
     notwithstanding any other provision of law, the Director of 
     the Federal Emergency Management Agency may not prohibit or 
     restrict the use, by the State of Louisiana under the Road 
     Home Program of such State, of any amounts specified in 
     paragraph (3) based upon the existence or extent of any 
     requirement or condition under such program that--
       (A) limits or reduces the amount made available to an 
     eligible homeowner who does not agree to remain an owner and 
     occupant of a home in Louisiana; or
       (B) waives the applicability of any limitation or reduction 
     referred to in subparagraph (A) for homeowners who are 
     elderly or senior citizens.
       (2) Savings provision.--Except as provided in paragraph 
     (1), all other provisions of section 404 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170c) shall apply to amounts specified in paragraph 
     (3) that are used by the State of Louisiana under the Road 
     Home Program of such State.
       (3) Covered amounts.--The amounts specified in this 
     paragraph is $1,170,000,000 designated for Hurricanes Katrina 
     and Rita under the Hazard Mitigation Grant Program of the 
     Federal Emergency Management Agency to the State of Louisiana 
     as of June 1, 2007.
       (4) Expedited transfer of funds.--
       (A) In general.--The Administrator of the Federal Emergency 
     Management Agency shall, as soon as is practicable, transfer 
     the amounts specified in paragraph (3) to the State of 
     Louisiana.
       (B) Procedures.--The Administrator of the Federal Emergency 
     Management Agency shall identify and implement mechanisms to 
     be applied to all funds made available to the State of 
     Louisiana as a result of Hurricanes Katrina and Rita under 
     the Hazard Mitigation Grant Program under section 404 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170c) that will simplify the requirements of 
     such program and ensure the expedited distribution of such 
     funds under the program, including--
       (i) creating a programmatic cost-benefit analysis to 
     provide a means of conducting cost-benefit analysis by 
     similar project type, similar geographic factors, or other 
     similarities making group cost-benefit analysis more feasible 
     and constructive rather than on a structure-by-structure 
     basis; and
       (ii) developing a streamlined environmental review process 
     to significantly speed the approval of project applications.
       (b) Reporting Requirement.--The Administrator of the 
     Federal Emergency Management Agency shall provide quarterly 
     reports to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on--
       (1) specific mechanisms that are being utilized to expedite 
     funding distribution under this section; and
       (2) how such mechanisms are performing.
                                 ______
                                 
  SA 2390. Ms. CLINTON submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, insert after:
       Sec. 536. 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).
                                 ______
                                 
  SA 2391. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. RISK MANAGEMENT AND ANALYSIS SPECIAL EVENT; 2010 
                   VANCOUVER OLYMPIC AND PARALYMPIC GAMES.

       As soon as practicable, but not later than 3 months after 
     the date of enactment of this Act, the Secretary of Homeland 
     Security shall submit to the Committee on Appropriations the 
     Committee on Homeland Security and Governmental Affairs, and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Appropriations, the committee on 
     Homeland Security, and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     regarding the plans of the Secretary of Homeland Security 
     relating to--
       (1) implementing the recommendations regarding the 2010 
     Vancouver Olympic and Paralympic Games in the Joint 
     Explanatory statement of the Committee of Conference on H.R. 
     5441 (109th Congress), the Department of Homeland Security 
     Appropriations Act, 2007, with specific funding strategies 
     for--
       (A) the Multiagency Coordination Center; and
       (B) communications exercises to validate communications 
     pathways, test equipment, and support the training and 
     familiarization of personnel on the operations of the 
     difference technologies used to support the 2010 Vancouver 
     Olympic and Paralympic Games; and
       (2) the feasibility of implementing a program to prescreen 
     individuals traveling by rail between Vancouver, Canada and 
     Seattle, Washington during the 2010 Vancouver Olympic and 
     Paralympic Games, while those individuals are located in 
     Vancouver, Canada, similar to the preclearance arrangements 
     in effect in Vancouver, Canada for certain flights between 
     the United States and Canada.
                                 ______
                                 
  SA 2392. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF SENATE ON IMMIGRATION.

       (a) Findings.--The Senate makes the following findings:
       (1) On June 28th, 2007, the Senate, by a vote of 46 to 53, 
     rejected a motion to invoke cloture on a bill to provide for 
     comprehensive immigration reform.
       (2) Illegal immigration remains the top domestic issue in 
     the United States.
       (3) The people of the United States continue to feel the 
     effects of a failed immigration system on a daily basis, and 
     they have not forgotten that Congress and the President have 
     a duty to address the issue of illegal immigration and the 
     security of the international borders of the United States.
       (4) People from across the United States have shared with 
     members of the Senate their wide ranging and passionate 
     opinions on how best to reform the immigration system.
       (5) There is no consensus on an approach to comprehensive 
     immigration reform that does not first secure the 
     international borders of the United States.
       (6) There is unanimity that the Federal Government has a 
     responsibility to, and immediately should, secure the 
     international borders of the United States.
       (7) Border security is an integral part of national 
     security.
       (8) The greatest obstacle the Federal Government faces with 
     respect to the people of the United States is a lack of trust 
     that the Federal Government will secure the international 
     borders of the United States.
       (9) This lack of trust is rooted in the past failures of 
     the Federal Government to uphold and enforce immigration laws 
     and the failure of the Federal Government to secure the 
     international borders of the United States.
       (10) Failure to uphold and enforce immigration laws has 
     eroded respect for those laws and eliminated the faith of the 
     people of the United States in the ability of their elected 
     officials to responsibly administer immigration programs.
       (11) It is necessary to regain the trust of the people of 
     the United States in the competency of the Federal Government 
     to enforce immigration laws and manage the immigration 
     system.
       (12) Securing the borders of the United States would serve 
     as a starting point to begin to address other issues 
     surrounding immigration reform on which there is not 
     consensus.
       (13) Congress has not fully funded some interior and border 
     security activities that it has authorized.
       (14) The President of the United States can initiate 
     emergency spending by designating

[[Page S9850]]

     certain spending as ``emergency spending'' in a request to 
     the Congress.
       (15) The lack of security on the international borders of 
     the United States rises to the level of an emergency.
       (16) The Border Patrol are apprehending some, but not all, 
     individuals from countries that the Secretary of State has 
     determined have repeatedly provided support for acts of 
     international terrorism who cross or attempt to cross 
     illegally into the United States.
       (17) The Federal Bureau of Investigation is investigating a 
     human smuggling ring that has been bringing Iraqis and other 
     Middle Eastern individuals across the international borders 
     of the United States.
       (b) Sense of Senate.--It is the sense of Senate that--
       (1) the Federal Government should work to regain the trust 
     of the people of the United States in its ability of the 
     Federal Government to secure the international borders of the 
     United States;
       (2) in order to restore the credibility of the Federal 
     Government on this critical issue, the Federal Government 
     should prove its ability to enforce immigration laws by 
     taking actions such as securing the border, stopping the flow 
     of illegal immigrants and drugs into the United States, and 
     creating a tamper-proof biometric identification card for 
     foreign workers; and
       (3) the President should request emergency spending that 
     fully funds--
       (A) existing interior and border security authorizations 
     that have not been funded by Congress; and
       (B) the border and interior security initiatives contained 
     in the bill to provide for comprehensive immigration reform 
     and for other purposes (S. 1639) introduced in the Senate on 
     June 18, 2007.
                                 ______
                                 
  SA 2393. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 40, line 10, after ``as needed:'' insert the 
     following: ``Provided further, That in allocating grants 
     funded under this heading, the Secretary of Homeland Security 
     shall consider the risk to a State of a natural disaster and 
     the risk to a State of a natural disaster that may 
     substantially affect farming, ranching, or aquaculture 
     operations: Provided further, That not later than 30 days 
     before the date that applications for grants to States funded 
     under this heading are to be submitted to the Secretary of 
     Homeland Security, the Secretary shall make available to 
     States the risk methodology and other factors that will be 
     used to allocate such grants:''.
                                 ______
                                 
  SA 2394. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:

     SEC. 536. PRIORITIZATION OF FLOODPLAIN MAPS.

       (a) Reviewing, Updating, and Maintaining Maps.--The 
     Administrator of the Federal Emergency Management Agency 
     shall establish an ongoing program under which the 
     Administrator shall review, update, and maintain floodplain 
     maps in accordance with this section.
       (b) Mapping.--
       (1) In general.--In carrying out the program established 
     under subsection (a), the Administrator shall establish a 
     system of priority to identify, review, update, maintain, and 
     publish floodplain maps with respect to all areas located 
     within the 100-year floodplain.
       (2) Highest priority.--The priority system required under 
     paragraph (1) shall set as its highest priority the mapping 
     of any floodplain located in an area that was, in the 5 years 
     prior to the date of enactment of this Act, subject to a 
     declaration by the President of a major disaster (as that 
     term is defined under section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122)) due to a natural disaster.
                                 ______
                                 
  SA 2395. Mr. HAGEL submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:
       Sec. 536. (a) Lightweight Decontamination Systems for the 
     National Guard.--
       (1) Additional amount for office of health affairs.--The 
     amount appropriated by title III under the heading ``Office 
     of Health Affairs'' is hereby increased by $20,000,000.
       (2) Availability.--Of the amount appropriated by title III 
     under the heading ``Office of Health Affairs'', as increased 
     by paragraph (1), the amount available for biosurveillance, 
     biowatch, chemical response, and related activities for the 
     Department of Homeland Security is hereby increased by 
     $20,000,000, with the amount of the increase to be available 
     for the procurement of lightweight decontamination systems 
     for the National Guard.
       (b) Offsets.--
       (1) Office of the secretary and executive management.--The 
     amount appropriated by title I under the heading ``Office of 
     the Secretary and Executive Management'' is hereby decreased 
     by $10,000,000.
       (2) Office of the under secretary for management.--The 
     amount appropriated by title I under the heading ``Office of 
     the Under Secretary for Management'' is hereby decreased by 
     $10,000,000.
                                 ______
                                 
  SA 2396. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. 2_. LIMITATION ON COST OF PASSPORT ALTERNATIVE.

       Notwithstanding any cost recovery requirement established 
     by the Director of the Office of Management and Budget or 
     other provision of law, the Secretary of Homeland Security 
     and the Secretary of State may not charge a fee in an amount 
     greater than $20 for any passport card or similar travel 
     document issued pursuant to section 7209 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 
     note).
                                 ______
                                 
  SA 2397. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, between after line 24, add the following:
       Sec. 536. (a) Study on Implementation of Voluntary 
     Provision of Emergency Services Program.--(1) Not later than 
     180 days after the date of the enactment of this Act, the 
     Administrator of the Transportation Security Administration 
     shall conduct a study on the implementation of the voluntary 
     provision of emergency services program established pursuant 
     to section 44944(a) of title 49, United States Code (referred 
     to in this section as the ``program'').
       (2) As part of the study required by paragraph (1), the 
     Administrator shall assess the following:
       (A) Whether training protocols established by air carriers 
     and foreign air carriers include training pertinent to the 
     program and whether such training is effective for purposes 
     of the program.
       (B) Whether employees of air carriers and foreign air 
     carriers responsible for implementing the program are 
     familiar with the provisions of the program.
       (C) The degree to which the program has been implemented in 
     airports.
       (D) Whether a helpline or other similar mechanism of 
     assistance provided by an air carrier, foreign air carrier, 
     or the Transportation Security Administration should be 
     established to provide assistance to employees of air 
     carriers and foreign air carriers who are uncertain of the 
     procedures of the program.
       (3) In making the assessment required by paragraph (2)(C), 
     the Administrator shall make use of unannounced interviews or 
     other reasonable and effective methods to test employees of 
     air carriers and foreign air carriers responsible for 
     registering law enforcement officers, firefighters, and 
     emergency medical technicians as part of the program.
       (4)(A) Not later than 60 days after the completion of the 
     study required by paragraph (1), the Administrator shall 
     submit to Congress a report on the findings of such study.
       (B) The Administrator shall make such report available to 
     the public by Internet web site or other appropriate method.
       (b) Publication of Report Previously Submitted.--The 
     Administrator shall make available to the public on the 
     Internet web site of the Transportation Security 
     Administration or the Department of Homeland Security the 
     report required by section 544(b) of the Department of 
     Homeland Security Appropriations Act, 2007 (Public Law 109-
     295).
       (c) Mechanism for Reporting Problems.--The Administrator 
     shall develop a mechanism on the Internet web site of the 
     Transportation Security Administration or the Department of 
     Homeland Security by which first responders may report 
     problems with or barriers to volunteering in the program. 
     Such mechanism shall also provide information on how to 
     submit comments related to volunteering in the program.

[[Page S9851]]

       (d) Air Carrier and Foreign Air Carrier Defined.--In this 
     section, the terms ``air carrier'' and ``foreign air 
     carrier'' have the meaning given such terms in section 40102 
     of title 49, United States Code.
                                 ______
                                 
  SA 2398. Mrs. CLINTON (for herself, Mr. Kennedy, Mr. Schumer, Mr. 
Lautenberg, Mr. Akaka, and Mr. Lieberman) submitted an amendment 
intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
himself and Mr. Cochran) to the bill H.R. 2638, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 17, line 6, before the period, insert the 
     following: ``: Provided further, That notwithstanding any 
     other provision of law, the Secretary of Homeland Security 
     shall ensure that the workforce of the Federal Protective 
     Service includes not fewer than 1,200 Commanders, Police 
     Officers, Inspectors, and Special Agents engaged on a daily 
     basis in protecting Federal buildings (under this heading 
     referred to as `in-service'): Provided further, That the 
     Secretary of Homeland Security and the Director of the Office 
     of Management and Budget shall adjust fees as necessary to 
     ensure full funding of not fewer than 1,200 in-service 
     Commanders, Police Officers, Inspectors, and Special Agents 
     at the Federal Protective Service''.
                                 ______
                                 
  SA 2399. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DOCUMENT VERIFICATION TECHNOLOGY.

       (a) Pilot Program.--No later than 180 days after enactment 
     of this Act, the Secretary of Homeland Security, using funds 
     appropriated by this Act, shall implement a pilot program to 
     test automated document authentication technology at United 
     States ports-of-entry to determine the effectiveness of the 
     technology in detecting fraudulent travel documents and 
     reducing the ability of terrorists to enter the United 
     States.
       (b) Report.--Within 90 days after the date on which the 
     pilot program under subsection (a) is completed, the 
     Secretary of Homeland Security shall submit a report to the 
     appropriate congressional committees (as defined in section 
     2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))) 
     on the results of the pilot program.
                                 ______
                                 
  SA 2400. Mr. VITTER (for himself, Mr. Nelson of Florida, and Ms. 
Stabenow) submitted an amendment intended to be proposed to amendment 
SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill 
H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:
       Sec. 536.  None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual from importing a prescription drug from Canada 
     if--
       (1) such individual--
       (A) is not in the business of importing a prescription drug 
     (within the meaning of section 801(g) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 381(g)));
       (B) imports such drug by transporting it on their person; 
     and
       (C) while importing such drug, only transports a personal-
     use quantity of such drug that does not exceed a 90-day 
     supply; and
       (2) such drug--
       (A) complies with sections 501, 502, and 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355); 
     and
       (B) is not--
       (i) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (ii) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
                                 ______
                                 
  SA 2401. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 22, beginning in line 15, strike ``and of which 
     $770,079,000 shall be available until September 30, 2012, for 
     the Integrated Deepwater Systems program: Provided,'' and 
     insert ``of which $767,079,000 shall be available until 
     September 30, 2012 for the Integrated Deepwater Systems 
     program, and of which $3,000,000 shall be available until 
     September 30, 2009, for an Analysis of Alternatives of the 
     Integrated Deepwater Systems program: Provided, That no funds 
     shall be available for procurement of additional major assets 
     as part of the Integrated Deepwater Systems program not 
     already under contract until the Analysis of Alternatives has 
     been completed: Provided further, That no funds shall be 
     available for procurement of the third National Security 
     Cutter until an Analysis of Alternatives has been completed 
     by an independent qualified third party: Provided further,''.

                          ____________________