[Congressional Record Volume 153, Number 125 (Wednesday, August 1, 2007)]
[Senate]
[Pages S10660-S10676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008

  On Thursday, July 26, 2007, the Senate passed H.R. 2638, U.S. amended 
as follows:

                               H.R. 2638

         Resolved, That the bill from the House of Representatives 
     (H.R. 2638) entitled ``An Act making appropriations for the 
     Department of Homeland Security for the fiscal year ending 
     September 30, 2008, and for other purposes.'', do pass with 
     the following amendment:
Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2008, for the Department of Homeland 
     Security and for other purposes, namely:

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

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

                        Analysis and Operations

       For necessary expenses for information analysis and 
     operations coordination activities, as authorized by title II 
     of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
     $306,000,000, to remain available until September 30, 2009, 
     of which not to exceed $5,000 shall be for official reception 
     and representation expenses: Provided, That the Director of 
     Operations Coordination shall encourage rotating State and 
     local fire service representation at the National Operations 
     Center.

      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: Provided, That the 
     Inspector General shall investigate decisions made regarding, 
     and the policy of the Federal Emergency Management Agency 
     relating to, formaldehyde in trailers in the Gulf Coast 
     region, the process used by the Federal Emergency Management 
     Agency for collecting, reporting, and responding to health 
     and safety concerns of occupants of housing supplied by the 
     Federal Emergency Management Agency (including such housing 
     supplied through a third party), and whether the Federal 
     Emergency Management Agency adequately addressed public 
     health and safety issues of households to which the Federal 
     Emergency Management Agency provides disaster housing 
     (including whether the Federal Emergency Management Agency 
     adequately notified recipients of such housing, as 
     appropriate, of potential health and safety concerns and 
     whether the institutional culture of the Federal Emergency 
     Management Agency properly prioritizes health and safety 
     concerns of recipients of assistance from the Federal 
     Emergency Management Agency), and submit a report to Congress 
     relating to that investigation, including any 
     recommendations.

                                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 $15,000,000 shall be used to procure 
     commercially available technology in order to expand and 
     improve the risk-based approach of the Department of Homeland 
     Security to target and inspect cargo containers under the 
     Secure Freight Initiative and the Global Trade Exchange; of 
     which $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; of which $40,000,000 
     shall be utilized to develop and implement a Model Ports of 
     Entry program and provide resources necessary for 200 
     additional U.S. Customs and Border Protection officers at the 
     20 United States international airports that

[[Page S10661]]

     have the highest number of foreign visitors arriving annually 
     as determined pursuant to the most recent data collected by 
     U.S. Customs and Border Protection available on the date of 
     enactment of this Act, to provide a more efficient and 
     welcoming international arrival process in order to 
     facilitate and promote business and leisure travel to the 
     United States while also improving security; 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 U.S. Customs 
     and Border Protection for overtime, from whatever source, in 
     an amount that exceeds such limitation, except in individual 
     cases determined by the Secretary of Homeland Security, or 
     the designee of the Secretary, to be necessary for national 
     security purposes, to prevent excessive costs, or in cases of 
     immigration emergencies.


                        Automation Modernization

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


        Border Security Fencing, Infrastructure, and Technology

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


 Air and Marine Interdiction, Operations, Maintenance, and Procurement

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


                              Construction

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

                U.S. Immigration and Customs Enforcement


                         Salaries and Expenses

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

[[Page S10662]]

     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: Provided 
     further, That 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'') contingent on the availability of sufficient 
     revenue in collections of security fees in this account for 
     this purpose: 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.


                        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), 
     $5,042,559,000, 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 $967,445,000 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 $2,332,344,000: Provided further, That any 
     security service fees collected in excess of the amount made 
     available under this heading shall become available during 
     fiscal year 2009: Provided further, That Members of the 
     United States House of Representatives and United States 
     Senate, including the leadership; and the heads of Federal 
     agencies and commissions, including the Secretary, Under 
     Secretaries, and Assistant Secretaries of the Department of 
     Homeland Security; the United States Attorney General and 
     Assistant Attorneys General and the United States attorneys; 
     and senior members of the Executive Office of the President, 
     including the Director of the Office of Management and 
     Budget; shall not be exempt from Federal passenger and 
     baggage screening.


                    Surface Transportation Security

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


           Transportation Threat Assessment and Credentialing

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


                    Transportation Security Support

       For necessary expenses of the Transportation Security 
     Administration related to providing transportation security 
     support and intelligence pursuant to the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597; 49 U.S.C. 40101 note), $521,515,000, 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 no funds shall be 
     available for procurements related to the acquisition of 
     additional major assets as part of the Integrated Deepwater 
     Systems program not already under contract until an 
     Alternatives Analysis has been completed by an independent 
     qualified third party: Provided further, That no funds 
     contained in this Act shall be available for procurement of 
     the third National Security Cutter until an Alternatives 
     Analysis has been completed by an independent qualified third 
     party: Provided further, That the Commandant of the Coast 
     Guard is authorized to dispose of surplus real property, by 
     sale or lease, and the proceeds shall be credited to this 
     appropriation as offsetting collections and shall be 
     available until September 30, 2010: Provided further, That of 
     amounts made available under this heading in Public Law 109-
     90, $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

[[Page S10663]]

     the investment management process of the Department, and that 
     the process fulfills all capital planning and investment 
     control requirements and reviews established by the Office of 
     Management and Budget, including Circular A-11, part 7; (8) 
     identifies competition to be conducted in each procurement; 
     (9) includes a certification by the head of contracting 
     activity for the Coast Guard and the Chief Procurement 
     Officer of the Department that the plans for the program 
     comply with the Federal acquisition rules, requirements, 
     guidelines, and practices, and a description of the actions 
     being taken to address areas of non-compliance, the risks 
     associated with them along with plans for addressing these 
     risks and the status of their implementation; (10) identifies 
     the use of independent validation and verification; and (11) 
     is reviewed by the Government Accountability Office: Provided 
     further, That the Secretary of Homeland Security shall submit 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives, in conjunction with the President's 
     fiscal year 2009 budget, a review of the Revised Deepwater 
     Implementation Plan that identifies any changes to the plan 
     for the fiscal year; an annual performance comparison of 
     Deepwater assets to pre-Deepwater legacy assets; a status 
     report of legacy assets; a detailed explanation of how the 
     costs of legacy assets are being accounted for within the 
     Deepwater program; and the earned value management system 
     gold card data for each Deepwater asset: Provided further, 
     That the Secretary shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a comprehensive review of the Revised Deepwater 
     Implementation Plan every five years, beginning in fiscal 
     year 2011, that includes a complete projection of the 
     acquisition costs and schedule for the duration of the plan 
     through fiscal year 2027: Provided further, That the 
     Secretary shall annually submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted under section 1105(a) of title 31, United States 
     Code, a future-years capital investment plan for the Coast 
     Guard that identifies for each capital budget line item--
       (1) the proposed appropriation included in that budget;
       (2) the total estimated cost of completion;
       (3) projected funding levels for each fiscal year for the 
     next five fiscal years or until project completion, whichever 
     is earlier;
       (4) an estimated completion date at the projected funding 
     levels; and
       (5) changes, if any, in the total estimated cost of 
     completion or estimated completion date from previous future-
     years capital investment plans submitted to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives:
     Provided further, That the Secretary shall ensure that 
     amounts specified in the future-years capital investment plan 
     are consistent to the maximum extent practicable with 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the Coast Guard in the 
     President's budget as submitted under section 1105(a) of 
     title 31, United States Code, for that fiscal year: Provided 
     further, That any inconsistencies between the capital 
     investment plan and proposed appropriations shall be 
     identified and justified.


                         Alteration of Bridges

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


              Research, Development, Test, and Evaluation

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


                              Retired Pay

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

                      United States Secret Service


                         salaries and expenses

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


     Acquisition, Construction, Improvements, and Related Expenses

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

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate


                     Management and Administration

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


           Infrastructure Protection and Information Security

       For necessary expenses for infrastructure protection and 
     information security programs and activities, as authorized 
     by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.) or subtitle J of title VIII of the Homeland 
     Security Act of 2002, as added by this Act, $527,099,000, of 
     which $497,099,000 shall remain available until September 30, 
     2009, and of which, $2,000,000 shall be to carry out subtitle 
     J of title VIII of the Homeland Security Act of 2002, as 
     added by this Act: Provided, That $10,043,000 shall be for 
     the Office of Bombing Prevention and not more than 
     $26,100,000 shall be for the Next Generation Network.


    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

[[Page S10664]]

     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: Provided further, That of the total amount made 
     available under this heading, $1,000,000 shall be to develop 
     a web-based version of the National Fire Incident Reporting 
     System that will ensure that fire-related data can be 
     submitted and accessed by fire departments in real time: 
     Provided further, That not later than 30 days after the date 
     of enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency shall, as appropriate, update 
     training practices for all customer service employees, 
     employees in the Office of General Counsel, and other 
     appropriate employees of the Federal Emergency Management 
     Agency relating to addressing health concerns of recipients 
     of assistance from the Federal Emergency Management Agency.


                        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, $3,130,500,000, which shall be 
     allocated as follows:
       (1) $525,000,000 for formula-based grants and $375,000,000 
     for law enforcement terrorism prevention grants, to be 
     allocated in accordance with section 1014 of the USA PATRIOT 
     ACT (42 U.S.C. 3714): Provided, That not to exceed 3 percent 
     of these amounts shall be available for program 
     administration: Provided further, That the application for 
     grants shall be made available to States within 45 days after 
     the date of enactment of this Act; that States shall submit 
     applications within 90 days after the grant announcement; and 
     the Federal Emergency Management Agency shall act within 90 
     days after receipt of an application: Provided further, That, 
     in the event established timeframes detailed in the preceding 
     proviso for departmental actions are missed, funding for the 
     Immediate Office of the Deputy Secretary shall be reduced by 
     $1,000 per day until such actions are executed: Provided 
     further, That not less than 80 percent of any grant under 
     this paragraph to a State shall be made available by the 
     State to local governments within 60 days after the receipt 
     of the funds; except in the case of Puerto Rico, where not 
     less than 50 percent of any grant under this paragraph shall 
     be made available to local governments within 60 days after 
     the receipt of the funds.
       (2) $1,836,000,000 for discretionary grants, as determined 
     by the Secretary of Homeland Security, of which--
       (A) $820,000,000 shall be for use in high-threat, high-
     density urban areas, of which $20,000,000 shall be available 
     for assistance to organizations (as described under section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from tax section 501(a) of such code) determined by the 
     Secretary to be at high-risk of a terrorist attack;
       (B) $50,000,000 shall be for the Regional Catastrophic 
     Preparedness Grants;
       (C) $400,000,000 shall be for infrastructure protection 
     grants related to port security pursuant to 46 U.S.C. 70107;
       (D) $16,000,000 shall be for infrastructure protection 
     grants related to trucking industry security;
       (E) $12,000,000 shall be for infrastructure protection 
     grants related to intercity bus security;
       (F) $400,000,000 shall be for infrastructure protection 
     grants related to intercity rail passenger transportation (as 
     defined in section 24102 of title 49, United States Code), 
     freight rail, and transit security;
       (G) $50,000,000 shall be for infrastructure protection 
     grants related to buffer zone protection;
       (H) $40,000,000 shall be available for the Commercial 
     Equipment Direct Assistance Program;
       (I) $33,000,000 shall be for the Metropolitan Medical 
     Response System; and
       (J) $15,000,000 shall be for Citizens Corps:

     Provided, That not to exceed 3 percent of subparagraphs (A)-
     (J) shall be available for program administration: Provided 
     further, That for grants under subparagraphs (A), (B), and 
     (J), the application for grants shall be made available to 
     States within 45 days after the date of enactment of this 
     Act; that States shall submit applications within 90 days 
     after the grant announcement; and that the Federal Emergency 
     Management Agency shall act within 90 days after receipt of 
     an application: Provided further, That, in the event 
     established timeframes detailed in the preceding proviso for 
     departmental actions are missed, funding for the Immediate 
     Office of the Deputy Secretary shall be reduced by $1,000 per 
     day until such actions are executed: Provided further,  That 
     no less than 80 percent of any grant under this paragraph to 
     a State shall be made available by the State to local 
     governments within 60 days after the receipt of the funds: 
     Provided further, That for grants under subparagraphs (C) 
     through (G), the applications for such grants shall be made 
     available to eligible applicants not later than 75 days after 
     the date of enactment of this Act, eligible applicants shall 
     submit applications not later than 45 days after the date of 
     the grant announcement, and the Federal Emergency Management 
     Agency shall act on such applications not later than 60 days 
     after the date on which such an application is received: 
     Provided further, That, in the event established timeframes 
     detailed in the preceding proviso for departmental actions 
     are missed, funding for the Immediate Office of the Deputy 
     Secretary shall be reduced by $1,000 per day until such 
     actions are executed.
       (3) $294,500,000 for training, exercises, technical 
     assistance, and other programs.
       (4) $100,000,000 for grants under the Interoperable 
     Emergency Communications Grants Program established under 
     title XVIII of the Homeland Security Act of 2002: Provided, 
     That the amounts appropriated to the Department of Homeland 
     Security for discretionary spending in this Act shall be 
     reduced on a pro rata basis by the percentage necessary to 
     reduce the overall amount of such spending by $100,000,000:

     Provided further, 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 and 
     an analysis of the Department's policy of ranking States, 
     cities, and other grantees by tiered groups, 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: Provided further, That not later than 15 
     days after the date of enactment of this Act, the 
     Administrator of the Federal Emergency Management Agency 
     shall submit to the Committee on Appropriations and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a report detailing the actions taken as of that 
     date, and any actions the Administrator will take, regarding 
     the response of

[[Page S10665]]

     the Federal Emergency Management Agency to concerns over 
     formaldehyde exposure, which shall include a description of 
     any disciplinary or other personnel actions taken, a detailed 
     policy for responding to any reports of potential health 
     hazards posed by any materials provided by the Federal 
     Emergency Management Agency (including housing, food, water, 
     or other materials), and a description of any additional 
     resources needed to implement such policy: Provided further, 
     That the Administrator of the Federal Emergency Management 
     Agency, in conjunction with the head of the Office of Health 
     Affairs of the Department of Homeland Security, the Director 
     of the Centers for Disease Control and Prevention, and the 
     Administrator of the Environmental Protection Agency, shall 
     design a program to scientifically test a representative 
     sample of travel trailers and mobile homes provided by the 
     Federal Emergency Management Agency, and surplus travel 
     trailers and mobile homes to be sold or transferred by the 
     Federal government on or after the date of enactment of this 
     Act, for formaldehyde and, not later than 15 days after the 
     date of enactment of this Act, submit to the Committee on 
     Appropriations and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report regarding the 
     program designed, including a description of the design of 
     the testing program and the quantity of and conditions under 
     which trailers and mobile homes shall be tested and the 
     justification for such design of the testing: Provided 
     further, That in order to protect the health and safety of 
     disaster victims, the testing program designed under the 
     previous proviso shall provide for initial short-term 
     testing, and longer-term testing, as required: Provided 
     further, That not later than 45 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency, in conjunction with the head of 
     the Office of Health Affairs of the Department of Homeland 
     Security, the Director of the Centers for Disease Control and 
     Prevention, and the Administrator of the Environmental 
     Protection Agency, shall, at a minimum, complete the initial 
     short-term testing described in the previous proviso: 
     Provided further, That, to the extent feasible, the 
     Administrator of the Federal Emergency Management Agency 
     shall use a qualified contractor residing or doing business 
     primarily in the Gulf Coast Area to carry out the testing 
     program designed under this heading: Provided further, That, 
     not later than 30 days after the date that the Administrator 
     of the Federal Emergency Management Agency completes the 
     short-term testing under this heading, the Administrator of 
     the Federal Emergency Management Agency, in conjunction with 
     the head of the Office of Health Affairs of the Department of 
     Homeland Security, the Director of the Centers for Disease 
     Control and Prevention, and the Administrator of the 
     Environmental Protection Agency, shall submit to the 
     Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     describing the results of the testing, analyzing such 
     results, providing an assessment of whether there are any 
     health risks associated with the results and the nature of 
     any such health risks, and detailing the plans of the 
     Administrator of the Federal Emergency Management Agency to 
     act on the results of the testing, including any need to 
     relocate individuals living in the trailers or mobile homes 
     provided by the Federal Emergency Management Agency or 
     otherwise assist individuals affected by the results, plans 
     for the sale or transfer of any trailers or mobile homes 
     (which shall be made in coordination with the Administrator 
     of General Services), and plans to conduct further testing: 
     Provided further, That after completing longer-term testing 
     under this heading, the Administrator of the Federal 
     Emergency Management Agency, in conjunction with the head of 
     the Office of Health Affairs of the Department of Homeland 
     Security, the Director of the Centers for Disease Control and 
     Prevention, and the Administrator of the Environmental 
     Protection Agency, shall submit to the Committee on 
     Appropriations and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report describing the 
     results of the testing, analyzing such results, providing an 
     assessment of whether any health risks are associated with 
     the results and the nature of any such health risks, 
     incorporating any additional relevant information from the 
     shorter-term testing completed under this heading, and 
     detailing the plans and recommendations of the Administrator 
     of the Federal Emergency Management Agency to act on the 
     results of the testing.


                     Firefighter Assistance Grants

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


                Emergency Management Performance Grants

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


              Radiological Emergency Preparedness Program

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


                   United States Fire Administration

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


                            Disaster Relief

                     (including transfer of funds)

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


            Disaster Assistance Direct Loan Program Account

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


                      Flood Map Modernization Fund

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


                     National Flood Insurance Fund

                     (including transfer of funds)

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


                     National Flood Mitigation Fund

                     (including transfer of funds)

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


                 National Pre-Disaster Mitigation Fund

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


                       Emergency Food and Shelter

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

[[Page S10666]]

                                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, of which 
     $10,000,000 shall be available to support the implementation 
     of the Securing the Cities initiative at the level requested 
     in the President's budget.

                          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, 
     of which $30,000,000 shall be available to support the 
     implementation of the Securing the Cities initiative at the 
     level requested in the President's budget: Provided, That 
     none of the funds appropriated under this heading shall be 
     obligated for full-scale procurement of Advanced 
     Spectroscopic Portal Monitors until the Secretary of Homeland 
     Security has certified through a report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that a significant increase in operational effectiveness will 
     be achieved.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502. None of the funds available in this Act shall be 
     available to carry out section 872 of Public Law 107-296.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2008, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds for any program, 
     project, or activity for which funds have been denied or 
     restricted by the Congress; (4) proposes to use funds 
     directed for a specific activity by either of the Committees 
     on Appropriations of the Senate or the House of 
     Representatives for a different purpose; or (5) contracts out 
     any function or activity for which funding levels were 
     requested for Federal full-time equivalents in the object 
     classification tables contained in the fiscal year 2008 
     Budget Appendix for the Department of Homeland Security, as 
     modified by the joint explanatory statement accompanying this 
     Act; unless the Committees on Appropriations of the Senate 
     and the House of Representatives are notified 15 days in 
     advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2008, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure for programs, projects, or 
     activities through a reprogramming of funds in excess of 
     $5,000,000 or 10 percent, whichever is less, that: (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by the Congress; or (3) results from any general 
     savings from a reduction in personnel that would result in a 
     change in existing programs, projects, or activities as 
     approved by the Congress; unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriations, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers: Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) of this section 
     and shall not be available for obligation unless the 
     Committees on Appropriations of the Senate and the House of 
     Representatives are notified 15 days in advance of such 
     transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances which imminently threaten the safety of human 
     life or the protection of property.
       Sec. 504. None of the funds appropriated or otherwise made 
     available to the Department of Homeland Security may be used 
     to make payments to the ``Department of Homeland Security 
     Working Capital Fund'', except for the activities and amounts 
     allowed in the President's fiscal year 2008 budget, excluding 
     sedan service, shuttle service, transit subsidy, mail 
     operations, parking, and competitive sourcing: Provided, That 
     any additional activities and amounts shall be approved by 
     the Committees on Appropriations of the Senate and the House 
     of Representatives 30 days in advance of obligation.
       Sec. 505. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2008 from appropriations 
     for salaries and expenses for fiscal year 2008 in this Act 
     shall remain available through September 30, 2009, in the 
     account and for the purposes for which the appropriations 
     were provided: Provided, That prior to the obligation of such 
     funds, a request shall be submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     for approval in accordance with section 503 of this Act.
       Sec. 506. Funds made available by this Act for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the 
     enactment of an Act authorizing intelligence activities for 
     fiscal year 2008.
       Sec. 507. The Federal Law Enforcement Training 
     Accreditation Board shall lead the Federal law enforcement 
     training accreditation process, to include representatives 
     from the Federal law enforcement community and non-Federal 
     accreditation experts involved in law enforcement training, 
     to continue the implementation of measuring and assessing the 
     quality and effectiveness of Federal law enforcement training 
     programs, facilities, and instructors.
       Sec. 508. None of the funds in this Act may be used to make 
     a grant allocation, discretionary grant award, discretionary 
     contract award, or to issue a letter of intent totaling in 
     excess of $1,000,000, or to announce publicly the intention 
     to make such an award, unless the Secretary of

[[Page S10667]]

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


                         (rescission of funds)

       Sec. 522. From the unobligated balances of funds 
     transferred to the Department of Homeland Security when it 
     was created in 2003, excluding mandatory appropriations, 
     $45,000,000 is rescinded, of which $12,000,000 shall be 
     rescinded from Departmental Operations; $12,000,000 shall be 
     rescinded from the Office of State and Local Government 
     Coordination; and $6,000,000 shall be rescinded from the 
     Working Capital Fund.
       Sec. 523. Any funds appropriated to United States Coast 
     Guard, ``Acquisition, Construction, and Improvements'' in 
     fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123 
     foot patrol boat conversion that are recovered, collected, or 
     otherwise received as the result of negotiation, mediation, 
     or litigation, shall be available until expended for the 
     Replacement Patrol Boat (FRC-B) program.
       Sec. 524. The Department of Homeland Security Working 
     Capital Fund, established, pursuant to  section 403 of Public 
     Law 103-356 (31 U.S.C. 501 note), shall continue operations 
     during fiscal year 2008.
       Sec. 525. (a) The Federal Emergency Management Agency 
     (FEMA) shall submit a quarterly report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     detailing the allocation and obligation of funds for 
     ``Disaster Relief'' to include:
       (1) status of the Disaster Relief Fund (DRF) including 
     obligations, allocations, and amounts undistributed/
     unallocated;
       (2) allocations, obligations, and expenditures for all open 
     disasters;
       (3) information on national flood insurance claims;
       (4) obligations, allocations and expenditures by State for 
     unemployment, crisis counseling, inspections, housing 
     assistance, manufactured housing, public assistance and 
     individual assistance;
       (5) mission assignment obligations by agency, including:
       (A) the amounts reimbursed to other agencies that are in 
     suspense because FEMA has not yet reviewed and approved the 
     documentation supporting the expenditure; and
       (B) a disclaimer if the amounts of reported obligations and 
     expenditures do not reflect the status of such obligations 
     and expenditures from a government-wide perspective;
       (6) the amount of credit card purchases by agency and 
     mission assignment;
       (7) specific reasons for all waivers granted and a 
     description of each waiver;
       (8) a list of all contracts that were awarded on a sole 
     source or limited competition basis, including the dollar 
     amount, the purpose of the contract and the reason for the 
     lack of competitive award; and
       (9) an estimate of when available appropriations will be 
     exhausted, assuming an average disaster season.
       (b) The Secretary of Homeland Security shall at least 
     quarterly obtain from agencies performing mission assignments 
     each such agency's actual obligation and expenditure data and 
     report to the Committees on Appropriations of the Senate and 
     the House of Representatives.
       (c) For any request for reimbursement from a Federal agency 
     to the Department of Homeland Security to cover expenditures 
     under the Stafford Act (42 U.S.C. 5121 et seq.), or any 
     mission assignment orders issued by the Department of

[[Page S10668]]

     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.
       (d) Notwithstanding section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c), projects relating to Hurricanes Katrina and Rita for 
     which the non-Federal share of assistance under that section 
     is funded by amounts appropriated to the Community 
     Development Fund under chapter 9 of title I of division B of 
     the Department of Defense, Emergency Supplemental 
     Appropriations to Address Hurricanes in the Gulf of Mexico, 
     and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 
     Stat. 2779) or chapter 9 of title II of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 472) shall not be subject to any precertification 
     requirements.
       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.
       Sec. 536. Technical Corrections. (a) In General.--
       (1) Redesignations.--Chapter 27 of title 18, United States 
     Code, is amended by redesignating section 554 added by 
     section 551(a) of the Department of Homeland Security 
     Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389) 
     (relating to border tunnels and passages) as section 555.
       (2) Table of sections.--The table of sections for chapter 
     27 of title 18, United States Code, is amended by striking 
     the item relating to section 554, ``Border tunnels and 
     passages'', and inserting the following:

``555. Border tunnels and passages.''.

       (b) Criminal Forfeiture.--Section 982(a)(6) of title 18, 
     United States Code, is amended by striking ``554'' and 
     inserting ``555''.
       (c) Directive to the United States Sentencing Commission.--
     Section 551(d) of the Department of Homeland Security 
     Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390) 
     is amended in paragraphs (1) and (2)(A) by striking ``554'' 
     and inserting ``555''.
       Sec. 537. 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''.
       Sec. 538. Plan for the Control and Management of Arundo 
     Donax. (a) Definitions.--In this section:
       (1) Arundo donax.--The term ``Arundo donax'' means a tall 
     perennial reed commonly known as ``Carrizo cane'', ``Spanish 
     cane'', ``wild cane'', and ``giant cane''.
       (2) Plan.--The term ``plan'' means the plan for the control 
     and management of Arundo donax developed under subsection 
     (b).
       (3) River.--The term ``River'' means the Rio Grande River.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Development of Plan.--
       (1) In general.--The Secretary shall develop a plan for the 
     control and management of Arundo donax along the portion of 
     the River that serves as the international border between the 
     United States and Mexico.
       (2) Components.--In developing the plan, the Secretary 
     shall address--
       (A) information derived by the Secretary of Agriculture and 
     the Secretary of the Interior from ongoing efforts to 
     identify the most effective biological, mechanical, and 
     chemical means of controlling and managing Arundo donax;
       (B) past and current efforts to understand--
       (i) the ecological damages caused by Arundo donax; and
       (ii) the dangers Arundo donax poses to Federal and local 
     law enforcement;
       (C) any international agreements and treaties that need to 
     be completed to allow for the control and management of 
     Arundo donax on both sides of the River;
       (D) the long-term efforts that the Secretary considers to 
     be necessary to control and manage Arundo donax, including 
     the cost estimates for the implementation of the efforts; and
       (E) whether a waiver of applicable Federal environmental 
     laws (including regulations) is necessary.
       (3) Consultation.--The Secretary shall develop the plan in 
     consultation with the Secretary of Agriculture, the Secretary 
     of the Interior, the Secretary of State, the Chief of 
     Engineers, and any other Federal and State agencies that have 
     appropriate expertise regarding the control and management of 
     Arundo donax.
       (c) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit the plan 
     to--
       (1) the Committees on the Judiciary of the Senate and the 
     House of Representatives; and

[[Page S10669]]

       (2) the Committees on Appropriations of the Senate and the 
     House of Representatives.
       Sec. 539. Reporting of Waste, Fraud, and Abuse. Not later 
     than 30 days after the date of enactment of this Act--
       (1) the Secretary of Homeland Security shall establish and 
     maintain on the homepage of the website of the Department of 
     Homeland Security, a direct link to the website of the Office 
     of Inspector General of the Department of Homeland Security; 
     and
       (2) the Inspector General of the Department of Homeland 
     Security shall establish and maintain on the homepage of the 
     website of the Office of Inspector General a direct link for 
     individuals to anonymously report waste, fraud, or abuse.
       Sec. 540. The Secretary of Homeland Security shall require 
     that all contracts of the Department of Homeland Security 
     that provide award fees link such fees to successful 
     acquisition outcomes (which outcomes shall be specified in 
     terms of cost, schedule, and performance).
       Sec. 541. None of the funds made available to the Office of 
     the Secretary and Executive Management under this Act may be 
     expended for any new hires by the Department of Homeland 
     Security that are not verified through the basic pilot 
     program required under section 401 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note).
       Sec. 542. None of the funds made available in this Act for 
     U.S. Customs and Border Protection or any agency or office 
     within the Department of Homeland Security may be used to 
     prevent an individual from importing a prescription drug from 
     Canada if--
       (1) such individual 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))); 
     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).
       Sec. 543. Prohibition on Use of Funds for Rulemaking 
     Related to Petitions for Aliens. None of the funds made 
     available in this Act may be used by the Secretary of 
     Homeland Security or any delegate of the Secretary to issue 
     any rule or regulation which implements the Notice of 
     Proposed Rulemaking related to Petitions for Aliens To 
     Perform Temporary Nonagricultural Services or Labor (H-2B) 
     set out beginning on 70 Federal Register 3984 (January 27, 
     2005).
       Sec. 544. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended by the 
     Secretary of Homeland Security to remove offenses from the 
     list of criminal offenses disqualifying individuals from 
     receiving a Transportation Worker Identification Credential 
     under section 1572.103 of title 49, Code of Federal 
     Regulations.
       Sec. 545. (a)(1)(A) None of the funds appropriated or 
     otherwise made available by this Act may be used to make any 
     payment in connection with a contract awarded through a 
     congressional initiative unless the contract is awarded using 
     competitive procedures in accordance with the requirements of 
     section 303 of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253), section 2304 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation.
       (B) Except as provided in paragraph (3), none of the funds 
     appropriated or otherwise made available by this Act may be 
     used to make any payment in connection with a contract 
     awarded through a congressional initiative unless more than 
     one bid is received for such contract.
       (2) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available by this 
     Act may be awarded by grant or cooperative agreement through 
     a congressional initiative unless the process used to award 
     such grant or cooperative agreement uses competitive 
     procedures to select the grantee or award recipient. Except 
     as provided in paragraph (3), no such grant may be awarded 
     unless applications for such grant or cooperative agreement 
     are received from two or more applicants that are not from 
     the same organization and do not share any financial, 
     fiduciary, or other organizational relationship.
       (3)(A) If the Secretary of Homeland Security does not 
     receive more than one bid for a contract under paragraph 
     (1)(B) or does not receive more than one application from 
     unaffiliated applicants for a grant or cooperative agreement 
     under paragraph (2), the Secretary may waive such bid or 
     application requirement if the Secretary determines that the 
     contract, grant, or cooperative agreement is essential to the 
     mission of the Department of Homeland Security.
       (b)(1) Not later than December 31, 2008, the Secretary of 
     Homeland Security shall submit to Congress a report on 
     congressional initiatives for which amounts were appropriated 
     during fiscal year 2008.
       (2) The report submitted under paragraph (1) shall include 
     with respect to each contract and grant awarded through a 
     congressional initiative--
       (A) the name of the recipient of the funds awarded through 
     such contract or grant;
       (B) the reason or reasons such recipient was selected for 
     such contract or grant; and
       (C) the number of entities that competed for such contract 
     or grant.
       (3) The report submitted under paragraph (1) shall be made 
     publicly available through the Internet website of the 
     Department of Homeland Security.
       (c) In this section:
       (1) The term ``congressional initiative'' means a provision 
     of law or a directive contained within a committee report or 
     joint statement of managers of an appropriations Act that 
     specifies--
       (A) the identity of a person or entity selected to carry 
     out a project, including a defense system, for which funds 
     are appropriated or otherwise made available by that 
     provision of law or directive and that was not requested by 
     the President in a budget submitted to Congress; and
       (B) the amount of the funds appropriated or otherwise made 
     available for such project.
       (2) The term ``executive agency'' has the meaning given 
     such term in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
       Sec. 546. Border Security Requirements for Land and 
     Maritime Borders of the United States. (a) Operational 
     Control of the United States Borders.--The President shall 
     ensure that operational control of all international land and 
     maritime borders is achieved.
       (b) Achieving Operational Control.--The Secretary of 
     Homeland Security shall establish and demonstrate operational 
     control of 100 percent of the international land and maritime 
     borders of the United States, including the ability to 
     monitor such borders through available methods and 
     technology.
       (1) Staff Enhancements for Border Patrol.--The United 
     States Customs and Border Protection Border Patrol may hire, 
     train, and report for duty additional full-time agents. These 
     additional agents shall be deployed along all international 
     borders.
       (2) Strong Border Barriers.--The United States Customs and 
     Border Protection Border Patrol may:
       (A) Install along all international borders of the United 
     States vehicle barriers;
       (B) Install along all international borders of the United 
     States ground-based radar and cameras; and
       (C) Deploy for use along all international borders of the 
     United States unmanned aerial vehicles, and the supporting 
     systems for such vehicles;
       (c) Presidential Progress Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     President shall submit a report to Congress detailing the 
     progress made in funding, meeting or otherwise satisfying 
     each of the requirements described under paragraphs (1) and 
     (2).
       (2) Progress Not Sufficient.--If the President determines 
     that sufficient progress is not being made, the President 
     shall include in the report required under paragraph (1) 
     specific funding recommendations, authorization needed, or 
     other actions that are or should be undertaken by the 
     Secretary of Homeland Security.
       (d) Appropriations for Securing Land and Maritime Borders 
     of the United States.--Any funds appropriated under division 
     B of this Act shall be used to ensure operational control is 
     achieved for all international land and maritime borders of 
     the United States.
       Sec. 547. Improvements to the Employment Eligibility 
     Verification Basic Pilot Program. Of the amounts appropriated 
     for border security and employment verification improvements 
     under section 1003 of Division B, $60,000,000 shall be made 
     available to--
       (1) ensure that State and local programs have sufficient 
     access to, and are sufficiently coordinated with, the Federal 
     Government's Employment Eligibility Verification System;
       (2) ensure that such system has sufficient capacity to 
     timely and accurately--
       (A) register employers in States with employer verification 
     requirements;
       (B) respond to inquiries by employers; and
       (C) enter into memoranda of understanding with States to 
     ensure responses to subparagraphs (A) and (B); and
       (3) develop policies and procedures to ensure protection of 
     the privacy and security of personally identifiable 
     information and identifiers contained in the basic pilot 
     program, including appropriate privacy and security training 
     for State employees;
       (4) ensure that the Office for Civil Rights and Civil 
     Liberties of the Department of Justice has sufficient 
     capacity to conduct audits of the Federal Government's 
     Employment Eligibility Verification System to assess employer 
     compliance with System requirements, including the applicable 
     Memorandum of Understanding;
       (5) these amounts are designated as an emergency 
     requirement pursuant to section 204 of S. Con. Res. 21 (110th 
     Congress).
       Sec. 548. In-lieu Contribution. The Administrator of the 
     Federal Emergency Management Agency shall authorize a large 
     in-lieu contribution under section 406(c)(1) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(c)(1)) to the Peebles School in Iberia Parish, 
     Louisiana for damages relating to Hurricane Katrina of 2005 
     or Hurricane Rita of 2005, notwithstanding section 
     406(c)(1)(C) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5172(c)(1)(C)).
       Sec. 549. National Strategy on Closed Circuit Television 
     Systems. (a) In General.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security shall--
       (1) develop a national strategy for the effective and 
     appropriate use of closed circuit television to prevent and 
     respond to acts of terrorism, which shall include--
       (A) an assessment of how closed circuit television and 
     other public surveillance systems can be used most 
     effectively as part of an overall terrorism preparedness, 
     prevention, and response program, and its appropriate role in 
     such a program;
       (B) a comprehensive examination of the advantages and 
     limitations of closed circuit television and, as appropriate, 
     other public surveillance technologies;

[[Page S10670]]

       (C) best practices on camera use and data storage;
       (D) plans for coordination between the Federal Government 
     and State and local governments, and the private sector--
       (i) in the development and use of closed circuit television 
     systems; and
       (ii) for Federal assistance and support for State and local 
     utilization of such systems;
       (E) plans for pilot programs or other means of determining 
     the real-world efficacy and limitations of closed circuit 
     televisions systems;
       (F) an assessment of privacy and civil liberties concerns 
     raised by use of closed circuit television and other public 
     surveillance systems, and guidelines to address such 
     concerns; and
       (G) an assessment of whether and how closed circuit 
     television systems and other public surveillance systems are 
     effectively utilized by other democratic countries in 
     combating terrorism; and
       (2) provide to the Committees on Homeland Security and 
     Governmental Affairs, Appropriations, and the Judiciary of 
     the Senate and the Committees on Homeland Security, 
     Appropriations, and the Judiciary of the House of 
     Representatives a report that includes--
       (A) the strategy required under paragraph (1);
       (B) the status and findings of any pilot program involving 
     closed circuit televisions or other public surveillance 
     systems conducted by, in coordination with, or with the 
     assistance of the Department of Homeland Security up to the 
     time of the report; and
       (C) the annual amount of funds used by the Department of 
     Homeland Security, either directly by the Department or 
     through grants to State, local, or tribal governments, to 
     support closed circuit television and the public surveillance 
     systems of the Department, since fiscal year 2004.
       (b) Consultation.--In preparing the strategy and report 
     required under subsection (a), the Secretary of Homeland 
     Security shall consult with the Attorney General, the Chief 
     Privacy Officer of the Department of Homeland Security, and 
     the Officer for Civil Rights and Civil Liberties of the 
     Department of Homeland Security.
       Sec. 550. Secure Handling of Ammonium Nitrate.--(a) In 
     General.--Title VIII of the Homeland Security Act of 2002 (6 
     U.S.C. 361 et seq.) is amended by adding at the end the 
     following:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

     ``SEC. 899A. DEFINITIONS.

       ``In this subtitle:
       ``(1) Ammonium nitrate.--The term `ammonium nitrate' 
     means--
       ``(A) solid ammonium nitrate that is chiefly the ammonium 
     salt of nitric acid and contains not less than 33 percent 
     nitrogen by weight; and
       ``(B) any mixture containing a percentage of ammonium 
     nitrate that is equal to or greater than the percentage 
     determined by the Secretary under section 899B(b).
       ``(2) Ammonium nitrate facility.--The term `ammonium 
     nitrate facility' means any entity that produces, sells or 
     otherwise transfers ownership of, or provides application 
     services for ammonium nitrate.
       ``(3) Ammonium nitrate purchaser.--The term `ammonium 
     nitrate purchaser' means any person who buys and takes 
     possession of ammonium nitrate from an ammonium nitrate 
     facility.

     ``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM 
                   NITRATE.

       ``(a) In General.--The Secretary shall regulate the sale 
     and transfer of ammonium nitrate by an ammonium nitrate 
     facility in accordance with this subtitle to prevent the 
     misappropriation or use of ammonium nitrate in an act of 
     terrorism.
       ``(b) Ammonium Nitrate Mixtures.--Not later than 90 days 
     after the date of the enactment of this subtitle, the 
     Secretary, in consultation with the heads of appropriate 
     Federal departments and agencies (including the Secretary of 
     Agriculture), shall, after notice and an opportunity for 
     comment, establish a threshold percentage for ammonium 
     nitrate in a substance.
       ``(c) Registration of Owners of Ammonium Nitrate 
     Facilities.--
       ``(1) Registration.--The Secretary shall establish a 
     process by which any person that--
       ``(A) owns an ammonium nitrate facility is required to 
     register with the Department; and
       ``(B) registers under subparagraph (A) is issued a 
     registration number for purposes of this subtitle.
       ``(2)  Registration information.--Any person applying to 
     register under paragraph (1) shall submit to the Secretary--
       ``(A) the name, address, and telephone number of each 
     ammonium nitrate facility owned by that person;
       ``(B) the name of the person designated by that person as 
     the point of contact for each such facility, for purposes of 
     this subtitle; and
       ``(C) such other information as the Secretary may determine 
     is appropriate.
       ``(d) Registration of Ammonium Nitrate Purchasers.--
       ``(1) Registration.--The Secretary shall establish a 
     process by which any person that--
       ``(A) intends to be an ammonium nitrate purchaser is 
     required to register with the Department; and
       ``(B) registers under subparagraph (A) is issued a 
     registration number for purposes of this subtitle.
       ``(2)  Registration information.--Any person applying to 
     register under paragraph (1) as an ammonium nitrate purchaser 
     shall submit to the Secretary--
       ``(A) the name, address, and telephone number of the 
     applicant; and
       ``(B) the intended use of ammonium nitrate to be purchased 
     by the applicant.
       ``(e) Records.--
       ``(1) Maintenance of records.--The owner of an ammonium 
     nitrate facility shall--
       ``(A) maintain a record of each sale or transfer of 
     ammonium nitrate, during the two-year period beginning on the 
     date of that sale or transfer; and
       ``(B) include in such record the information described in 
     paragraph (2).
       ``(2) Specific information required.--For each sale or 
     transfer of ammonium nitrate, the owner of an ammonium 
     nitrate facility shall--
       ``(A) record the name, address, telephone number, and 
     registration number issued under subsection (c) or (d) of 
     each person that takes possession of ammonium nitrate, in a 
     manner prescribed by the Secretary;
       ``(B) if applicable, record the name, address, and 
     telephone number of each individual who takes possession of 
     the ammonium nitrate on behalf of the person described in 
     subparagraph (A), at the point of sale;
       ``(C) record the date and quantity of ammonium nitrate sold 
     or transferred; and
       ``(D) verify the identity of the persons described in 
     subparagraphs (A) and (B), as applicable, in accordance with 
     a procedure established by the Secretary.
       ``(3) Protection of information.--In maintaining records in 
     accordance with paragraph (1), the owner of an ammonium 
     nitrate facility shall take reasonable actions to ensure the 
     protection of the information included in such records.
       ``(f) Exemption for Explosive Purposes.--The Secretary may 
     exempt from this subtitle a person producing, selling, or 
     purchasing ammonium nitrate exclusively for use in the 
     production of an explosive under a license issued under 
     chapter 40 of title 18, United States Code.
       ``(g) Consultation.--In carrying out this section, the 
     Secretary shall consult with the Secretary of Agriculture, 
     States, and appropriate private sector entities, to ensure 
     that the access of agricultural producers to ammonium nitrate 
     is not unduly burdened.
       ``(h) Data Confidentiality.--
       ``(1) In general.--Notwithstanding section 552 of title 5, 
     United States Code, or the USA PATRIOT ACT (Public Law 107-
     56; 115 Stat. 272), and except as provided in paragraph (2), 
     the Secretary may not disclose to any person any information 
     obtained under this subtitle.
       ``(2) Exception.--The Secretary may disclose any 
     information obtained by the Secretary under this subtitle 
     to--
       ``(A) an officer or employee of the United States, or a 
     person that has entered into a contract with the United 
     States, who has a need to know the information to perform the 
     duties of the officer, employee, or person; or
       ``(B) to a State agency under section 899D, under 
     appropriate arrangements to ensure the protection of the 
     information.
       ``(i) Registration Procedures and Check of Terrorist 
     Screening Database.--
       ``(1) Registration procedures.--
       ``(A) Generally.--The Secretary shall establish procedures 
     to efficiently receive applications for registration numbers 
     under this subtitle, conduct the checks required under 
     paragraph (2), and promptly issue or deny a registration 
     number.
       ``(B) Initial six-month registration period.--The Secretary 
     shall take steps to maximize the number of registration 
     applications that are submitted and processed during the six-
     month period described in section 899F(e).
       ``(2) Check of terrorist screening database.--
       ``(A) Check required.--The Secretary shall conduct a check 
     of appropriate identifying information of any person seeking 
     to register with the Department under subsection (c) or (d) 
     against identifying information that appears in the terrorist 
     screening database of the Department.
       ``(B) Authority to deny registration number.--If the 
     identifying information of a person seeking to register with 
     the Department under subsection (c) or (d) appears in the 
     terrorist screening database of the Department, the Secretary 
     may deny issuance of a registration number under this 
     subtitle.
       ``(3) Expedited review of applications.--
       ``(A) In general.--Following the six-month period described 
     in section 899F(e), the Secretary shall, to the extent 
     practicable, issue or deny registration numbers under this 
     subtitle not later than 72 hours after the time the Secretary 
     receives a complete registration application, unless the 
     Secretary determines, in the interest of national security, 
     that additional time is necessary to review an application.
       ``(B) Notice of application status.--In all cases, the 
     Secretary shall notify a person seeking to register with the 
     Department under subsection (c) or (d) of the status of the 
     application of that person not later than 72 hours after the 
     time the Secretary receives a complete registration 
     application.
       ``(4) Expedited appeals process.--
       ``(A) Requirement.--
       ``(i) Appeals process.--The Secretary shall establish an 
     expedited appeals process for persons denied a registration 
     number under this subtitle.
       ``(ii) Time period for resolution.--The Secretary shall, to 
     the extent practicable, resolve appeals not later than 72 
     hours after receiving a complete request for appeal unless 
     the Secretary determines, in the interest of national 
     security, that additional time is necessary to resolve an 
     appeal.
       ``(B) Consultation.--The Secretary, in developing the 
     appeals process under subparagraph (A), shall consult with 
     appropriate stakeholders.
       ``(C) Guidance.--The Secretary shall provide guidance 
     regarding the procedures and information required for an 
     appeal under subparagraph (A) to any person denied a 
     registration number under this subtitle.

[[Page S10671]]

       ``(5) Restrictions on use and maintenance of information.--
       ``(A) In general.--Any information constituting grounds for 
     denial of a registration number under this section shall be 
     maintained confidentially by the Secretary and may be used 
     only for making determinations under this section.
       ``(B) Sharing of information.--Notwithstanding any other 
     provision of this subtitle, the Secretary may share any such 
     information with Federal, State, local, and tribal law 
     enforcement agencies, as appropriate.
       ``(6) Registration information.--
       ``(A) Authority to require information.--The Secretary may 
     require a person applying for a registration number under 
     this subtitle to submit such information as may be necessary 
     to carry out the requirements of this section.
       ``(B) Requirement to update information.--The Secretary may 
     require persons issued a registration under this subtitle to 
     update registration information submitted to the Secretary 
     under this subtitle, as appropriate.
       ``(7) Re-checks against terrorist screening database.--
       ``(A) Re-checks.--The Secretary shall, as appropriate, 
     recheck persons provided a registration number pursuant to 
     this subtitle against the terrorist screening database of the 
     Department, and may revoke such registration number if the 
     Secretary determines such person may pose a threat to 
     national security.
       ``(B) Notice of revocation.--The Secretary shall, as 
     appropriate, provide prior notice to a person whose 
     registration number is revoked under this section and such 
     person shall have an opportunity to appeal, as provided in 
     paragraph (4).

     ``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

       ``The Secretary shall establish a process for the periodic 
     inspection and auditing of the records maintained by owners 
     of ammonium nitrate facilities for the purpose of monitoring 
     compliance with this subtitle or for the purpose of deterring 
     or preventing the misappropriation or use of ammonium nitrate 
     in an act of terrorism.

     ``SEC. 899D. ADMINISTRATIVE PROVISIONS.

       ``(a) Cooperative Agreements.--The Secretary--
       ``(1) may enter into a cooperative agreement with the 
     Secretary of Agriculture, or the head of any State department 
     of agriculture or its designee involved in agricultural 
     regulation, in consultation with the State agency responsible 
     for homeland security, to carry out the provisions of this 
     subtitle; and
       ``(2) wherever possible, shall seek to cooperate with State 
     agencies or their designees that oversee ammonium nitrate 
     facility operations when seeking cooperative agreements to 
     implement the registration and enforcement provisions of this 
     subtitle.
       ``(b) Delegation.--
       ``(1) Authority.--The Secretary may delegate to a State the 
     authority to assist the Secretary in the administration and 
     enforcement of this subtitle.
       ``(2) Delegation required.--At the request of a Governor of 
     a State, the Secretary shall delegate to that State the 
     authority to carry out functions under sections 899B and 
     899C, if the Secretary determines that the State is capable 
     of satisfactorily carrying out such functions.
       ``(3) Funding.--Subject to the availability of 
     appropriations, if the Secretary delegates functions to a 
     State under this subsection, the Secretary shall provide to 
     that State sufficient funds to carry out the delegated 
     functions.
       ``(c) Provision of Guidance and Notification Materials to 
     Ammonium Nitrate Facilities.--
       ``(1) Guidance.--The Secretary shall make available to each 
     owner of an ammonium nitrate facility registered under 
     section 899B(c)(1) guidance on--
       ``(A) the identification of suspicious ammonium nitrate 
     purchases or transfers or attempted purchases or transfers;
       ``(B) the appropriate course of action to be taken by the 
     ammonium nitrate facility owner with respect to such a 
     purchase or transfer or attempted purchase or transfer, 
     including--
       ``(i) exercising the right of the owner of the ammonium 
     nitrate facility to decline sale of ammonium nitrate; and
       ``(ii) notifying appropriate law enforcement entities; and
       ``(C) additional subjects determined appropriate by to 
     prevent the misappropriation or use of ammonium nitrate in an 
     act of terrorism.
       ``(2) Use of materials and programs.--In providing guidance 
     under this subsection, the Secretary shall, to the extent 
     practicable, leverage any relevant materials and programs.
       ``(3) Notification materials.--
       ``(A) In general.--The Secretary shall make available 
     materials suitable for posting at locations where ammonium 
     nitrate is sold.
       ``(B) Design of materials.--Materials made available under 
     subparagraph (A) shall be designed to notify prospective 
     ammonium nitrate purchasers of--
       ``(i) the record-keeping requirements under section 899B; 
     and
       ``(ii) the penalties for violating such requirements.

     ``SEC. 899E. THEFT REPORTING REQUIREMENT.

       ``Any person who is required to comply with section 899B(e) 
     who has knowledge of the theft or unexplained loss of 
     ammonium nitrate shall report such theft or loss to the 
     appropriate Federal law enforcement authorities not later 
     than 1 calendar day of the date on which the person becomes 
     aware of such theft or loss. Upon receipt of such report, the 
     relevant Federal authorities shall inform State, local, and 
     tribal law enforcement entities, as appropriate.

     ``SEC. 899F. PROHIBITIONS AND PENALTY.

       ``(a) Prohibitions.--
       ``(1) Taking possession.--No person shall take possession 
     of ammonium nitrate from an ammonium nitrate facility unless 
     such person is registered under subsection (c) or (d) of 
     section 899B, or is an agent of a person registered under 
     subsection (c) or (d) of that section.
       ``(2) Transferring possession.--An owner of an ammonium 
     nitrate facility shall not transfer possession of ammonium 
     nitrate from the ammonium nitrate facility to any person who 
     is not registered under subsection (c) or (d) of section 
     899B, or is not an agent of a person registered under 
     subsection (c) or (d) of that section.
       ``(3) Other prohibitions.--No person shall--
       ``(A) buy and take possession of ammonium nitrate without a 
     registration number required under subsection (c) or (d) of 
     section 899B;
       ``(B) own or operate an ammonium nitrate facility without a 
     registration number required under section 899B(c); or
       ``(C) fail to comply with any requirement or violate any 
     other prohibition under this subtitle.
       ``(b) Civil Penalty.--A person that violates this subtitle 
     may be assessed a civil penalty by the Secretary of not more 
     than $50,000 per violation.
       ``(c) Penalty Considerations.--In determining the amount of 
     a civil penalty under this section, the Secretary shall 
     consider--
       ``(1) the nature and circumstances of the violation;
       ``(2) with respect to the person who commits the violation, 
     any history of prior violations, the ability to pay the 
     penalty, and any effect the penalty is likely to have on the 
     ability of such person to do business; and
       ``(3) any other matter that the Secretary determines that 
     justice requires.
       ``(d) Notice and Opportunity for a Hearing.--No civil 
     penalty may be assessed under this subtitle unless the person 
     liable for the penalty has been given notice and an 
     opportunity for a hearing on the violation for which the 
     penalty is to be assessed in the county, parish, or 
     incorporated city of residence of that person.
       ``(e) Delay in Application of Prohibition.--Paragraphs (1) 
     and (2) of subsection (a) shall apply on and after the date 
     that is 6 months after the date that the Secretary issues of 
     a final rule implementing this subtitle.

     ``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

       ``(a) In General.--Notwithstanding any other provision of 
     law, an owner of an ammonium nitrate facility that in good 
     faith refuses to sell or transfer ammonium nitrate to any 
     person, or that in good faith discloses to the Department or 
     to appropriate law enforcement authorities an actual or 
     attempted purchase or transfer of ammonium nitrate, based 
     upon a reasonable belief that the person seeking purchase or 
     transfer of ammonium nitrate may use the ammonium nitrate to 
     create an explosive device to be employed in an act of 
     terrorism (as defined in section 3077 of title 18, United 
     States Code), or to use ammonium nitrate for any other 
     unlawful purpose, shall not be liable in any civil action 
     relating to that refusal to sell ammonium nitrate or that 
     disclosure.
       ``(b) Reasonable Belief.--A reasonable belief that a person 
     may use ammonium nitrate to create an explosive device to be 
     employed in an act of terrorism under subsection (a) may not 
     solely be based on the race, sex, national origin, creed, 
     religion, status as a veteran, or status as a member of the 
     Armed Forces of the United States of that person.

     ``SEC. 899H. PREEMPTION OF OTHER LAWS.

       ``(a) Other Federal Regulations.--Except as provided in 
     section 899G, nothing in this subtitle affects any regulation 
     issued by any agency other than an agency of the Department.
       ``(b) State Law.--Subject to section 899G, this subtitle 
     preempts the laws of any State to the extent that such laws 
     are inconsistent with this subtitle, except that this 
     subtitle shall not preempt any State law that provides 
     additional protection against the acquisition of ammonium 
     nitrate by terrorists or the use of ammonium nitrate in 
     explosives in acts of terrorism or for other illicit 
     purposes, as determined by the Secretary.

     ``SEC. 899I. DEADLINES FOR REGULATIONS.

       ``The Secretary--
       ``(1) shall issue a proposed rule implementing this 
     subtitle not later than 6 months after the date of the 
     enactment of this subtitle; and
       ``(2) issue a final rule implementing this subtitle not 
     later than 1 year after such date of enactment.

     ``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the 
     Secretary--
       ``(1) $2,000,000 for fiscal year 2008; and
       ``(2) $10,750,000 for each of fiscal years 2009 through 
     2012.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 899 the following:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.
       Sec. 552. 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

[[Page S10672]]

     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 
     different 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.
       Sec. 553. Improvement of Barriers at Border. Section 102 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1103 note) is amended--
       (1) in subsection (a), by striking ``Attorney General, in 
     consultation with the Commissioner of Immigration and 
     Naturalization,'' and inserting ``Secretary of Homeland 
     Security''; and
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``in the Border 
     Area'' and inserting ``Along the Border'';
       (B) by redesignating paragraphs (1), (2), (3), and (4) as 
     paragraphs (2), (3), (4), and (5), respectively;
       (C) in paragraph (2), as redesignated--
       (i) in the paragraph heading, by striking ``Security 
     features'' and inserting ``Additional fencing along southwest 
     border''; and
       (ii) by striking subparagraphs (A) through (C) and 
     inserting the following:
       ``(A) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security shall construct reinforced 
     fencing along not less than 700 miles of the southwest border 
     where fencing would be most practical and effective and 
     provide for the installation of additional physical barriers, 
     roads, lighting, cameras, and sensors to gain operational 
     control of the southwest border.
       ``(B) Priority areas.--In carrying out this section, the 
     Secretary of Homeland Security shall--
       ``(i) identify the 370 miles along the southwest border 
     where fencing would be most practical and effective in 
     deterring smugglers and aliens attempting to gain illegal 
     entry into the United States; and
       ``(ii) not later than December 31, 2008, complete 
     construction of reinforced fencing along the 370 miles 
     identified under clause (i).
       ``(C) Consultation.--
       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of Interior, the Secretary of Agriculture, States, 
     local governments, Indian tribes, and property owners in the 
     United States to minimize the impact on the environment, 
     culture, commerce, and quality of life for the communities 
     and residents located near the sites at which such fencing is 
     to be constructed.
       ``(ii) Savings provision.--Nothing in this subparagraph may 
     be construed to--

       ``(I) create any right of action for a State, local 
     government, or other person or entity affected by this 
     subsection; or
       ``(II) affect the eminent domain laws of the United States 
     or of any State.

       ``(D) Limitation on requirements.--Notwithstanding 
     subparagraph (A), nothing in this paragraph shall require the 
     Secretary of Homeland Security to install fencing, physical 
     barriers, roads, lighting, cameras, and sensors in a 
     particular location along an international border of the 
     United States, if the Secretary determines that the use or 
     placement of such resources is not the most appropriate means 
     to achieve and maintain operational control over the 
     international border at such location.''; and
       (D) in paragraph (5), as redesignated, by striking ``to 
     carry out this subsection not to exceed $12,000,000'' and 
     inserting ``such sums as may be necessary to carry out this 
     subsection''.
       Sec. 554. Accountability in Grant and Contract 
     Administration. The Department of Homeland Security, through 
     the Federal Emergency Management Agency, shall--
       (1) consider implementation, through fair and open 
     competition, of management, tracking and accountability 
     systems to assist in managing grant allocations, 
     distribution, expenditures, and asset tracking; and
       (2) consider any efficiencies created through cooperative 
     purchasing agreements.
       Sec. 555. None of the funds made available in this Act may 
     be used to destroy or put out to pasture any horse or other 
     equine belonging to the Federal Government that has become 
     unfit for service, unless the trainer or handler is first 
     given the option to take possession of the equine through an 
     adoption program that has safeguards against slaughter and 
     inhumane treatment.
       Sec. 556. International Registered Traveler Program. 
     Section 7208(k)(3) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to 
     read as follows:
       ``(3) International registered traveler program.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish an international registered traveler program that 
     incorporates available technologies, such as biometrics and 
     e-passports, and security threat assessments to expedite the 
     screening and processing of international travelers, 
     including United States Citizens and residents, who enter and 
     exit the United States. The program shall be coordinated with 
     the US-VISIT program, other pre-screening initiatives, and 
     the Visa Waiver Program within the Department of Homeland 
     Security.
       ``(B) Fees.--The Secretary may impose a fee for the program 
     established under subparagraph (A) and may modify such fee 
     from time to time. The fee may not exceed the aggregate costs 
     associated with the program and shall be credited to the 
     Department of Homeland Security for purposes of carrying out 
     the program. Amounts so credited shall remain available until 
     expended.
       ``(C) Rulemaking.--Within 365 days after the date of 
     enactment of this paragraph, the Secretary shall initiate a 
     rulemaking to establish the program, criteria for 
     participation, and the fee for the program.
       ``(D) Implementation.--Not later than 2 years after the 
     date of enactment of this paragraph, the Secretary shall 
     establish a phased-implementation of a biometric-based 
     international registered traveler program in conjunction with 
     the US-VISIT entry and exit system, other pre-screening 
     initiatives, and the Visa Waiver Program within the 
     Department of Homeland Security at United States airports 
     with the highest volume of international travelers.
       ``(E) Participation.--The Secretary shall ensure that the 
     international registered traveler program includes as many 
     participants as practicable by--
       ``(i) establishing a reasonable cost of enrollment;
       ``(ii) making program enrollment convenient and easily 
     accessible; and
       ``(iii) providing applicants with clear and consistent 
     eligibility guidelines.''.
       Sec. 557. Report on the Performance Accountability and 
     Standards System of the Transportation Security 
     Administration. Not later than March 1, 2008, the 
     Transportation Security Administration shall submit a report 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Transportation and 
     Infrastructure of the House of Representatives on the 
     implementation of the Performance Accountability and 
     Standards System, including--
       (1) the number of employees who achieved each level of 
     performance;
       (2) a comparison between managers and non-managers relating 
     to performance and pay increases;
       (3) the type and amount of all pay increases that have 
     taken effect for each level of performance; and
       (4) the attrition of employees covered by the Performance 
     Accountability and Standards System.
       Sec. 558. Shared Border Management. (a) Study.--The 
     Comptroller General of the United States shall conduct a 
     study on the Department of Homeland Security's use of shared 
     border management to secure the international borders of the 
     United States.
       (b) Report.--The Comptroller General shall submit a report 
     to Congress that describes--
       (1) any negotiations, plans, or designs conducted by 
     officials of the Department of Homeland Security regarding 
     the practice of shared border management; and
       (2) the factors required to be in place for shared border 
     management to be successful.
       Sec. 559. Amounts authorized to be appropriated in the 
     Border Law Enforcement Relief Act of 2007 are increased by 
     $50,000,000 for each of the fiscal years 2008 through 2012.
       Sec. 560. GAO Study of Cost of Fencing on the Southern 
     Border. (a) Inquiry and Report Required.--The Comptroller of 
     the United States shall conduct a study examining--
       (1) the total amount of money that has been expended, as of 
     June 20, 2007, to construct 90 miles of fencing on the 
     southern border of the United States;
       (2) the average cost per mile of the 90 miles of fencing on 
     the southern border as of June 20, 2007;
       (3) the average cost per mile of the 370 miles of fencing 
     that the Department of Homeland Security is required to have 
     completed on the southern border by December 31, 2008, which 
     shall include $1,187,000,000 appropriated in fiscal year 2007 
     for ``border security fencing, technology, and 
     infrastructure'' and the $1,000,000,000 appropriated under 
     this Act under the heading ``Border Security Fencing, 
     Infrastructure, and Technology'';
       (4) the total cost and average cost per mile to construct 
     the 700 linear miles (854 topographical miles) of fencing on 
     the southern border required to be constructed under section 
     102(b) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, as amended by section 3 of the 
     Secure Fence Act of 2006 (Public Law 109-367);
       (5) the total cost and average cost per mile to construct 
     the fencing described in paragraph (4) if the double layer 
     fencing requirement were eliminated; and
       (6) the number of miles of single layer fencing, if fencing 
     were not accompanied by additional technology and 
     infrastructure such as cameras, sensors, and roads, which 
     could be built with the $1,187,000,000 appropriated in fiscal 
     year 2007 for ``border security fencing, technology, and 
     infrastructure'' and the $1,000,000,000 appropriated under 
     this Act under the heading ``Border Security Fencing, 
     Infrastructure, and Technology''.

[[Page S10673]]

       (b) Submission of Report.--Not later than 1 year after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit a report on the results of the study conducted 
     pursuant to subsection (a) to--
       (1) the Committee on Appropriations of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.
       Sec. 561. 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 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.
       Sec. 562. Ensuring the Safety of Agricultural Imports.--(a) 
     Findings.--Congress makes the following findings:
       (1) The Food and Drug Administration, as part of its 
     responsibility to ensure the safety of food and other 
     imports, maintains a presence at 91 of the 320 points of 
     entry into the United States.
       (2) United States Customs and Border Protection personnel 
     are responsible for monitoring imports and alerting the Food 
     and Drug Administration to suspicious material entering the 
     United States at the remaining 229 points of entry.
       (b) Report.--The Commissioner of U.S. Customs and Border 
     Protection shall submit a report to Congress that describes 
     the training of U.S. Customs and Border Protection personnel 
     to effectively assist the Food and Drug Administration in 
     monitoring our Nation's food supply.
       Sec. 563. (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 may 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 554(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.
       (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.
       Sec. 564. None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that the contractor or grantee has no 
     unpaid Federal tax assessments, that the contractor or 
     grantee has entered into an installment agreement or offer in 
     compromise that has been accepted by the IRS to resolve any 
     unpaid Federal tax assessments, or, in the case of unpaid 
     Federal tax assessments other than for income, estate, and 
     gift taxes, that the liability for the unpaid assessments is 
     the subject of a non-frivolous administrative or judicial 
     appeal. For purposes of the preceding sentence, the 
     certification requirement of part 52.209-5 of the Federal 
     Acquisition Regulation shall also include a requirement for a 
     certification by a prospective contractor of whether, within 
     the three-year period preceding the offer for the contract, 
     the prospective contractor--
       (1) has or has not been convicted of or had a civil 
     judgment or other judicial determination rendered against the 
     contractor for violating any tax law or failing to pay any 
     tax;
       (2) has or has not been notified of any delinquent taxes 
     for which the liability remains unsatisfied; or
       (3) has or has not received a notice of a tax lien filed 
     against the contractor for which the liability remains 
     unsatisfied or for which the lien has not been released.
       Sec. 565. Transportation Facility Access Control Programs.
       The Secretary of Homeland Security shall work with 
     appropriate officials of Florida and of other States to 
     resolve the differences between the Transportation Worker 
     Identification Credential program administered by the 
     Transportation Security Administration and existing State 
     transportation facility access control programs.
       Sec. 566. None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
       Sec. 567. Additional Assistance for Preparation of Plans.
       Subparagraph (L) of section 33(b)(3) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is 
     amended to read as follows:
       ``(L) To fund fire prevention programs, including planning 
     and preparation for wildland fires.''.
       Sec. 568. Sense of Congress. It is the sense of Congress 
     that sufficient funds should be appropriated to allow the 
     Secretary to increase the number of personnel of U.S. Customs 
     and Border Protection protecting the northern border by 1,517 
     officers and 788 agents, as authorized by--
       (1) section 402 of the Uniting and Strengthening America by 
     Providing Appropriate Tools

[[Page S10674]]

     Required to Intercept and Obstruct Terrorism (USA PATRIOT 
     ACT) Act of 2001 (Public Law 107-56);
       (2) section 331 of the Trade Act of 2002 (Public Law 107-
     210); and
       (3) section 5202 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458).
       Sec. 569. Study of Radio Communications Along the 
     International Borders of the United States.--(a) In 
     General.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a study to determine the areas along the 
     international borders of the United States where Federal and 
     State law enforcement officers are unable to achieve radio 
     communication or where radio communication is inadequate.
       (b) Development of Plan.--
       (1) In general.--Upon the conclusion of the study described 
     in subsection (a), the Secretary shall develop a plan for 
     enhancing radio communication capability along the 
     international borders of the United States.
       (2) Contents.--The plan developed under paragraph (1) shall 
     include--
       (A) an estimate of the costs required to implement the 
     plan; and
       (B) a description of the ways in which Federal, State, and 
     local law enforcement officers could benefit from the 
     implementation of the plan.
       Sec. 570. Of the funds provided under this Act or any other 
     Act to United States Citizenship and Immigration Services, 
     not less than $1,000,000 shall be provided for a benefits 
     fraud assessment of the H-1B Visa Program.
       Sec. 571. (a) Report on Interagency Operational Centers for 
     Port Security.--Not later than 180 days after the date of the 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to Congress a report, and make the report 
     available on its website, on the implementation and use of 
     interagency operational centers for port security under 
     section 70107A of title 46, United States Code.
       (b) Elements.--The report required by subsection shall 
     include the following:
       (1) A detailed description of the progress made in 
     transitioning Project Seahawk in Charleston, South Carolina, 
     from the Department of Justice to the Coast Guard, including 
     all projects and equipment associated with that project.
       (2) A detailed description of that actions being taken to 
     assure the integrity of Project Seahawk and ensure there is 
     no loss in cooperation between the agencies specified in 
     section 70107A(b)(3) of title 46, United State Code.
       (3) A detailed description and explanation of any changes 
     in Project Seahawk as of the date of the report, including 
     any changes in Federal, State, or local staffing of that 
     project.
       Sec. 572. (a) The amount appropriated by title III for 
     necessary expenses for programs authorized by the Federal 
     Fire Prevention and Control Act of 1974 under the heading 
     ``firefighter assistance grants'' is hereby increased by 
     $5,000,000 for necessary expenses to carry out the programs 
     authorized under section 34 of that Act (15 U.S.C. 2229a).
       (b) The amount appropriated by title III under the heading 
     ``infrastructure protection and information security'' is 
     hereby reduced by $5,000,000.
       Sec. 573. TSA Acquisition Management Policy. (a) In 
     General.--Section 114 of title 49, United States Code, is 
     amended by striking subsection (o) and redesignating 
     subsections (p) through (t) as subsections (o) through (s), 
     respectively.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 180 days after the date of enactment of 
     this Act.
       Sec. 574. Report on Urban Area Security Initiative. Not 
     later than 180 days after the date of enactment of this Act, 
     the Government Accountability Office shall submit a report to 
     the appropriate congressional committees which describes the 
     criteria and factors the Department of Homeland Security uses 
     to determine the regional boundaries for Urban Area Security 
     Initiative regions, including a determination if the 
     Department is meeting its goal to implement a regional 
     approach with respect to Urban Area Security Initiative 
     regions, and provides recommendations for how the Department 
     can better facilitate a regional approach for Urban Area 
     Security Initiative regions.
       Sec. 575. (a) In this section:
       (1) The term ``covered funds'' means funds provided under 
     section 173 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2918) to a State that submits an application under 
     that section not earlier than May 4, 2007, for a national 
     emergency grant to address the effects of the May 4, 2007, 
     Greensburg, Kansas tornado.
       (2) The term ``professional municipal services'' means 
     services that are necessary to facilitate the recovery of 
     Greensburg, Kansas from that tornado, and necessary to plan 
     for or provide basic management and administrative services, 
     which may include--
       (A) the overall coordination of disaster recovery and 
     humanitarian efforts, oversight, and enforcement of building 
     code compliance, and coordination of health and safety 
     response units; or
       (B) the delivery of humanitarian assistance to individuals 
     affected by that tornado.
       (b) Covered funds may be used to provide temporary public 
     sector employment and services authorized under section 173 
     of such Act to individuals affected by such tornado, 
     including individuals who were unemployed on the date of the 
     tornado, or who are without employment history, in addition 
     to individuals who are eligible for disaster relief 
     employment under section 173(d)(2) of such Act.
       (c) Covered funds may be used to provide professional 
     municipal services for a period of not more than 24 months, 
     by hiring or contracting with individuals or organizations 
     (including individuals employed by contractors) that the 
     State involved determines are necessary to provide 
     professional municipal services.
       (d) Covered funds expended under this section may be spent 
     on costs incurred not earlier than May 4, 2007.
       Sec. 576. Data Relating to Declarations of a Major 
     Disaster. (a) In General.--Notwithstanding any other 
     provision of this Act, except as provided in subsection (b), 
     and 30 days after the date that the President determines 
     whether to declare a major disaster because of an event and 
     any appeal is completed, the Administrator shall submit to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Homeland Security of the 
     House of Representatives, and the Senate Committee on 
     Appropriations, and publish on the website of the Federal 
     Emergency Management Agency, a report regarding that 
     decision, which shall summarize damage assessment information 
     used to determine whether to declare a major disaster.
       (b) Exception.--The Administrator may redact from a report 
     under subsection (a) any data that the Administrator 
     determines would compromise national security.
       (c) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       Sec. 577. National Transportation Security Center of 
     Excellence.--If the Secretary of Homeland Security 
     establishes a National Transportation Security Center of 
     Excellence to conduct research and education activities, and 
     to develop or provide professional security training, 
     including the training of transportation employees and 
     transportation professionals, the Mineta Transportation 
     Institute at San Jose State University may be included as a 
     member institution of such Center.
       Sec. 578.  Of amounts appropriated under section 1003, 
     $100,000,000, with $50,000,000 each to the Cities of Denver, 
     Colorado, and St. Paul, Minnesota, shall be available for 
     State and local law enforcement entities for security and 
     related costs, including overtime, associated with the 
     Democratic National Conventional and Republican National 
     Convention in 2008. Amounts provided by this section are 
     designated as an emergency requirement pursuant to section 
     204 of S. Con. Res. 21 (110th Congress).

              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--

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       (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)--
       (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.

     TITLE VII--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

       Sec. 701. Short Title.
       This title may be cited as the ``Border Infrastructure and 
     Technology Modernization Act of 2007''.
       Sec. 702. Definitions.--In this title:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of United States Customs and Border Protection 
     of the Department of Homeland Security.
       (2) Maquiladora.--The term ``maquiladora'' means an entity 
     located in Mexico that assembles and produces goods from 
     imported parts for export to the United States.
       (3) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.
       Sec. 703. Hiring and Training of Border and Transportation 
     Security Personnel.--(a) Officers and Agents.--
       (1) Increase in officers and agents.--Subject to the 
     availability of appropriations, during each of fiscal years 
     2009 through 2013, the Secretary shall--
       (A) increase the number of full-time agents and associated 
     support staff in United States Immigration and Customs 
     Enforcement of the Department of Homeland Security by the 
     equivalent of at least 100 more than the number of such 
     employees as of the end of the preceding fiscal year; and
       (B) increase the number of full-time officers, agricultural 
     specialists, and associated support staff in United States 
     Customs and Border Protection by the equivalent of at least 
     200 more than the number of such employees as of the end of 
     the preceding fiscal year.
       (2) Waiver of fte limitation.--The Secretary is authorized 
     to waive any limitation on the number of full-time equivalent 
     personnel assigned to the Department of Homeland Security to 
     fulfill the requirements of paragraph (1).
       (b) Training.--As necessary, the Secretary, acting through 
     the Assistant Secretary for the United States Immigration and 
     Customs Enforcement and the Commissioner, shall provide 
     appropriate training for agents, officers, agricultural 
     specialists, and associated support staff of the Department 
     of Homeland Security to utilize new technologies and to 
     ensure that the proficiency levels of such personnel are 
     acceptable to protect the borders of the United States.
       Sec. 704. Port of Entry Infrastructure Assessment Study.--
     (a) Requirement To Update.--Not later than January 31 of 
     every other year, the Commissioner, in consultation with the 
     Administrator of General Services shall--
       (1) review--
       (A) the Port of Entry Infrastructure Assessment Study 
     prepared by the United States Customs Service, the 
     Immigration and Naturalization Service, and the General 
     Services Administration in accordance with the matter 
     relating to the ports of entry infrastructure assessment set 
     forth in the joint explanatory statement on page 67 of 
     conference report 106-319, accompanying Public Law 106-58; 
     and
       (B) the nationwide strategy to prioritize and address the 
     infrastructure needs at the land ports of entry prepared by 
     the Department of Homeland Security and the General Services 
     Administration in accordance with the committee 
     recommendations on page 22 of Senate report 108-86, 
     accompanying Public Law 108-90;
       (2) update the assessment of the infrastructure needs of 
     all United States land ports of entry; and
       (3) submit an updated assessment of land port of entry 
     infrastructure needs to Congress.
       (b) Consultation.--In preparing the updated studies 
     required under subsection (a), the Commissioner and the 
     Administrator of General Services shall consult with the 
     Director of the Office of Management and Budget, the 
     Secretary, and affected State and local agencies on the 
     northern and southern borders of the United States.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 805; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project--
       (A) to enhance the ability of United States Customs and 
     Border Protection to achieve its mission and to support 
     operations;
       (B) to fulfill security requirements; and
       (C) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner, as 
     appropriate, shall--
       (1) implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3); or
       (2) forward the prioritized list of infrastructure and 
     technology improvement projects to the Administrator of 
     General Services for implementation in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, 
     including immediate security needs, changes in infrastructure 
     in Mexico or Canada, or similar concerns, compellingly alter 
     the need for a project in the United States.
       Sec. 705. National Land Border Security Plan.--(a) 
     Requirement for Plan.--Not later than January 31 of every 
     other year, the Secretary, acting through the Commissioner, 
     shall prepare a National Land Border Security Plan and submit 
     such plan to Congress.
       (b) Consultation.--In preparing the plan required under 
     subsection (a), the Commissioner shall consult with other 
     appropriate Federal agencies, State and local law enforcement 
     agencies, and private entities that are involved in 
     international trade across the northern or southern border.
       (c) Vulnerability Assessment.--
       (1) In general.--The plan required under subsection (a) 
     shall include a vulnerability, risk, and threat assessment of 
     each port of entry located on the northern border or the 
     southern border.
       (2) Port security coordinators.--The Secretary, acting 
     through the Commissioner, may establish 1 or more port 
     security coordinators at each port of entry located on the 
     northern border or the southern border--
       (A) to assist in conducting a vulnerability assessment at 
     such port; and
       (B) to provide other assistance with the preparation of the 
     plan required under subsection (a).
       (d) Coordination with the Secure Border Initiative.--The 
     plan required under subsection (a) shall include a 
     description of activities undertaken during the previous year 
     as part of the Secure Border Initiative and actions planned 
     for the coming year as part of the Secure Border Initiative.
       Sec. 706. Expansion of Commerce Security Programs.--(a) 
     Commerce Security Programs.--(1) In general.--Not later than 
     1 year after the date of the enactment of this Act, the 
     Commissioner, in consultation with the Secretary, shall 
     develop a plan to expand the size and scope, including 
     personnel needs, of the Customs-Trade Partnership Against 
     Terrorism program or other voluntary programs involving 
     government entities and the private sector to strengthen and 
     improve the overall security of the international supply 
     chain and security along the northern and southern border of 
     the United States.
       (2) Southern Border Supply Chain Security.--Not later than 
     1 year after the date of enactment of this Act, the 
     Commissioner shall provide Congress with a plan to improve 
     supply chain security along the southern border, including, 
     where appropriate, plans to implement voluntary programs 
     involving government entities and the private sector to 
     strengthen and improve the overall security of the 
     international supply chain that have been successfully 
     implemented on the northern border.
       Sec. 707. Port of Entry Technology Demonstration Program. 
     (a) Establishment.--The Secretary, acting through the 
     Commissioner, shall carry out a technology demonstration 
     program to test and evaluate new port of entry technologies, 
     refine port of entry technologies and operational concepts, 
     and train personnel under realistic conditions.
       (b) Technology and Facilities.--
       (1) Technology tested.--Under the demonstration program, 
     the Commissioner shall test technologies that enhance port of 
     entry operations, including those related to inspections, 
     communications, port tracking, identification of persons and 
     cargo, sensory devices, personal detection, decision support, 
     and the detection and identification of weapons of mass 
     destruction.
       (2) Facilities developed.--At a demonstration site selected 
     pursuant to subsection (c)(3), the Commissioner shall develop 
     any facilities needed to provide appropriate training to 
     Federal law enforcement personnel who have responsibility for 
     border security, including cross-training among agencies, 
     advanced law enforcement training, and equipment orientation 
     to the extent that such training is not being conducted at 
     existing Federal facilities.
       (c) Demonstration Sites.--
       (1) Number.--The Commissioner shall carry out the 
     demonstration program at not less than 3 sites and not more 
     than 5 sites.
       (2) Location.--Of the sites selected under subsection (c)--
       (A) at least 1 shall be located on the northern border of 
     the United States; and
       (B) at least 1 shall be located on the southern border of 
     the United States.

[[Page S10676]]

       (3) Selection criteria.--To ensure that 1 of the facilities 
     selected as a port of entry demonstration site for the 
     demonstration program has the most up-to-date design, 
     contains sufficient space to conduct the demonstration 
     program, has a traffic volume low enough to easily 
     incorporate new technologies without interrupting normal 
     processing activity, and can efficiently carry out 
     demonstration and port of entry operations, 1 port of entry 
     selected as a demonstration site may--
       (A) have been established not more than 15 years before the 
     date of the enactment of this Act;
       (B) consist of not less than 65 acres, with the possibility 
     of expansion onto not less than 25 adjacent acres; and
       (C) have serviced an average of not more than 50,000 
     vehicles per month during the 12 months preceding the date of 
     the enactment of this Act.
       (d) Relationship With Other Agencies.--The Secretary, 
     acting through the Commissioner, shall permit personnel from 
     appropriate Federal agencies to utilize a demonstration site 
     described in subsection (c) to test technologies that enhance 
     port of entry operations, including those related to 
     inspections, communications, port tracking, identification of 
     persons and cargo, sensory devices, personal detection, 
     decision support, and the detection and identification of 
     weapons of mass destruction.
       (e) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report on the activities 
     carried out at each demonstration site under the technology 
     demonstration program established under this section.
       (2) Content.--The report shall include an assessment by the 
     Commissioner of the feasibility of incorporating any 
     demonstrated technology for use throughout United States 
     Customs and Border Protection.
       Sec. 708. Authorization of Appropriations. (a) In 
     General.--In addition to any funds otherwise available, there 
     are authorized to be appropriated such sums as may be 
     necessary to carry out sections 703, 704, 705, 706, and 707 
     for fiscal years 2009 through 2013.
       (b) International Agreements.--Funds authorized to be 
     appropriated under this title may be used for the 
     implementation of projects described in the Declaration on 
     Embracing Technology and Cooperation to Promote the Secure 
     and Efficient Flow of People and Commerce across our Shared 
     Border between the United States and Mexico, agreed to March 
     22, 2002, Monterrey, Mexico (commonly known as the Border 
     Partnership Action Plan) or the Smart Border Declaration 
     between the United States and Canada, agreed to December 12, 
     2001, Ottawa, Canada that are consistent with the provisions 
     of this title.

                      DIVISION B--BORDER SECURITY

                 TITLE X--BORDER SECURITY REQUIREMENTS

       Sec. 1001. Short Title.
       This division may be cited as the ``Border Security First 
     Act of 2007''.
       Sec. 1002. Border Security Requirements.
       (a) Requirements.--Not later than 2 years after the date of 
     the enactment of this Act, the President shall ensure that 
     the following are carried out:
       (1) Operational control of the international border with 
     mexico.--The Secretary of Homeland Security shall establish 
     and demonstrate operational control of 100 percent of the 
     international land border between the United States and 
     Mexico, including the ability to monitor such border through 
     available methods and technology.
       (2) Staff enhancements for border patrol.--The United 
     States Customs and Border Protection Border Patrol shall 
     hire, train, and report for duty 23,000 full-time agents.
       (3) Strong border barriers.--The United States Customs and 
     Border Protection Border Patrol shall--
       (A) install along the international land border between the 
     United States and Mexico at least--
       (i) 300 miles of vehicle barriers;
       (ii) 700 linear miles of fencing as required by the Secure 
     Fence Act of 2006 (Public Law 109-367), as amended by this 
     Act; and
       (iii) 105 ground-based radar and camera towers; and
       (B) deploy for use along the international land border 
     between the United States and Mexico 4 unmanned aerial 
     vehicles, and the supporting systems for such vehicles.
       (4) Catch and return.--The Secretary of Homeland Security 
     shall detain all removable aliens apprehended crossing the 
     international land border between the United States and 
     Mexico in violation of Federal or State law, except as 
     specifically mandated by Federal or State law or humanitarian 
     circumstances, and United States Immigration and Customs 
     Enforcement shall have the resources to maintain this 
     practice, including the resources necessary to detain up to 
     45,000 aliens per day on an annual basis.
       (b) Presidential Progress Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter until the 
     requirements under subsection (a) are met, the President 
     shall submit a report to Congress detailing the progress made 
     in funding, meeting, or otherwise satisfying each of the 
     requirements described under paragraphs (1) through (4) of 
     subsection (a), including detailing any contractual 
     agreements reached to carry out such measures.
       (2) Progress not sufficient.--If the President determines 
     that sufficient progress is not being made, the President 
     shall include in the report required under paragraph (1) 
     specific funding recommendations, authorization needed, or 
     other actions that are or should be undertaken by the 
     Secretary of Homeland Security.
       Sec. 1003. Appropriations for Border Security.
       There is hereby appropriated $3,000,000,000 to satisfy the 
     requirements set out in section 1002(a) and, if any amount 
     remains after satisfying such requirements, to achieve and 
     maintain operational control over the international land and 
     maritime borders of the United States, for employment 
     eligibility verification improvements, for increased removal 
     and detention of visa overstays, criminal aliens, aliens who 
     have illegally reentered the United States, and for 
     reimbursement of State and local section 287(g) expenses. 
     These amounts are designated as an emergency requirement 
     pursuant to section 204 of S. Con. Res. 21 (110th Congress).
       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2008''.

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