Conference Report PL 110-161

[House Appropriations Committee Print]

Consolidated Appropriations Act, 2008
(H.R. 2764; Public Law 110–161)

DIVISION E—DEPARTMENT OF HOMELAND
SECURITY APPROPRIATIONS ACT, 2008

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CONTENTS, DIVISION E
Page

Legislative Text:
Title I—Departmental Management and Operations ....................................
Title II—Security, Enforcement, and Investigations .....................................
Title III—Protection, Preparedness, Response, and Recovery ......................
Title IV—Research and Development, Training, and Services .....................
Title V—General Provisions ............................................................................
Title VI—Border Infrastructure and Technology Modernization .................
Explanatory Statement:
Title I—Departmental Management and Operations ....................................
Title II—Security, Enforcement, and Investigations .....................................
Title III—Protection, Preparedness, Response, and Recovery ......................
Title IV—Research and Development, Training, and Services .....................
Title V—General Provisions ............................................................................
Title VI—Border Infrastructure and Technology Modernization .................
Earmark Disclosure ..........................................................................................
Table ..................................................................................................................

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[CLERK’S NOTE: Six sections which precede division A in the Consolidated Appropriations Act apply to all divisions of the Act, including this one. The text of these sections is as follows:
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Appropriations Act,
2008’’.
SEC. 2. TABLE OF CONTENTS.

[Text omitted for purposes of this note]
SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.

The explanatory statement regarding the consolidated appropriations amendment of the House of Representatives to the amendment of the Senate to H.R. 2764, printed in the House section of
the Congressional Record on or about December 17, 2007 by the
Chairman of the Committee on Appropriations of the House, shall
have the same effect with respect to the allocation of funds and implementation of divisions A through K of this Act as if it were a
joint explanatory statement of a committee of conference.
SEC. 5. EMERGENCY DESIGNATIONS.

Any designation in any division of this Act referring to this section is a designation of an amount as an emergency requirement
and necessary to meet emergency needs pursuant to subsections (a)
and (b) of section 204 of S. Con. Res. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008.
SEC. 6. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2008.
Reproduced below is the text of division E of the Consolidated
Appropriations Act, 2008 (H.R. 2764; P.L. 110–161) as presented to
the President for signature.]

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LEGISLATIVE TEXT, DIVISION E
DIVISION E—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE

OF THE

SECRETARY

AND

EXECUTIVE MANAGEMENT

For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of the
Department of Homeland Security, as authorized by law,
$97,353,000: Provided, That not to exceed $40,000 shall be for official reception and representation expenses: Provided further, That
$15,000,000 shall not be available for obligation until the Secretary
(1) certifies and reports to the Committees on Appropriations of the
Senate and the House of Representatives that the Department has
revised Departmental guidance with respect to relations with the
Government Accountability Office to specifically provide for: (a) expedited timeframes for providing the Government Accountability
Office with access to records within 20 days from the date of request; (b) expedited timeframes for interviews of program officials
by the Government Accountability Office after reasonable notice
has been furnished to the Department by the Government Accountability Office; and (c) a significant streamlining of the review process for documents and interview requests by liaisons, counsel, and
program officials, consistent with the objective that the Government Accountability Office be given timely and complete access to
documents and agency officials; and (2) defines in a memorandum
to all Department employees the roles and responsibilities of the
Department of Homeland Security Inspector General: Provided further, That the Secretary shall make the revisions to Departmental
guidance with respect to relations with the Government Accountability Office in consultation with the Comptroller General of the
United States and issue departmental guidance with respect to relations with the Department of Homeland Security Inspector General in consultation with the Inspector General: Provided further,
That not more than 75 percent of the funds provided under this
heading shall be obligated prior to the submission of the first quarterly report on progress to improve and modernize efforts to remove
criminal aliens judged deportable from the United States.
OFFICE

OF THE

UNDER SECRETARY

FOR

MANAGEMENT

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For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the
Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$150,238,000, of which not to exceed $3,000 shall be for official reception and representation expenses: Provided, That of the total
amount, $6,000,000 shall remain available until expended solely for
the alteration and improvement of facilities, tenant improvements,

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and relocation costs to consolidate Department headquarters operations.
OFFICE

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $31,300,000.
OFFICE

OF THE

CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$295,200,000; of which $81,000,000 shall be available for salaries
and expenses; and of which $214,200,000, to remain available until
expended, shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security, of which not less
than $36,800,000 shall be available, as requested in the President’s
Fiscal Year 2008 Budget, for Department of Homeland Security
data center development and an additional $35,500,000 shall be
available for further construction of the National Center for Critical Information Processing and Storage: Provided, That none of
the funds appropriated shall be used to support or supplement the
appropriations provided for the United States Visitor and Immigrant Status Indicator Technology project or the Automated Commercial Environment: Provided further, That the Chief Information
Officer shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, not more than 60 days
after the date of enactment of this Act, an expenditure plan for all
information technology acquisition projects that: (1) are funded
under this heading; or (2) are funded by multiple components of
the Department of Homeland Security through reimbursable agreements: Provided further, That such expenditure plan shall include
each specific project funded, key milestones, all funding sources for
each project, details of annual and lifecycle costs, and projected cost
savings or cost avoidance to be achieved by the project.
ANALYSIS

AND

OPERATIONS

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain
available until September 30, 2009, of which not to exceed $5,000
shall be for official reception and representation expenses: Provided, That of the amounts made available under this heading in
Public Law 109–295, $8,700,000 are rescinded.
OFFICE

OF THE

FEDERAL COORDINATOR
REBUILDING

FOR

GULF COAST

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For necessary expenses of the Office of the Federal Coordinator
for Gulf Coast Rebuilding, $2,700,000: Provided, That $1,000,000
shall not be available for obligation until the Committees on Appro-

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priations of the Senate and the House of Representatives receive
an expenditure plan for fiscal year 2008.
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $92,711,000, of which not to exceed $150,000 may be
used for certain confidential operational expenses, including the
payment of informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS

AND

BORDER PROTECTION

SALARIES AND EXPENSES

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For necessary expenses for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; purchase
and lease of up to 4,500 (2,300 for replacement only) police-type vehicles; and contracting with individuals for personal services
abroad; $6,802,560,000, of which $3,093,000 shall be derived from
the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not
to exceed $45,000 shall be for official reception and representation
expenses; of which not less than $226,740,000 shall be for Air and
Marine Operations; of which $13,000,000 shall be used to procure
commercially available technology in order to expand and improve
the risk-based approach of the Department of Homeland Security
to target and inspect cargo containers under the Secure Freight
Initiative and the Global Trade Exchange; of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived
from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance
operations; and of which not to exceed $1,000,000 shall be for
awards of compensation to informants, to be accounted for solely
under the certificate of the Secretary of Homeland Security: Provided, That of the amount provided under this heading,
$323,000,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act): Provided further,
That for fiscal year 2008, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1))
shall be $35,000; and notwithstanding any other provision of law,
none of the funds appropriated by this Act may be available to
compensate any employee of U.S. Customs and Border Protection
for overtime, from whatever source, in an amount that exceeds
such limitation, except in individual cases determined by the Sec-

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retary of Homeland Security, or the designee of the Secretary, to
be necessary for national security purposes, to prevent excessive
costs, or in cases of immigration emergencies: Provided further,
That of the amount made available under this heading,
$202,816,000 shall remain available until September 30, 2009, to
support software development, equipment, contract services, and
the implementation of inbound lanes and modification to vehicle
primary processing lanes at ports of entry; of which $100,000 is to
promote information and education exchange with nations friendly
to the United States in order to promote sharing of best practices
and technologies relating to homeland security, as authorized by
section 879 of Public Law 107–296; and of which $75,000,000 may
not be obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive a report not later
than 120 days after the date of enactment of this Act on the preliminary results of testing of pilots at ports of entry used to develop
and implement the plan required by section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108–458; 8 U.S.C. 1185 note), which includes the following information: (1) infrastructure and staffing required, with associated
costs, by port of entry; (2) updated milestones for plan implementation; (3) a detailed explanation of how requirements of such section
have been satisfied; (4) confirmation that a vicinity-read radio frequency identification card has been adequately tested to ensure
operational success; and (5) a description of steps taken to ensure
the integrity of privacy safeguards.
AUTOMATION MODERNIZATION

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For expenses for U.S. Customs and Border Protection automated
systems, $476,609,000, to remain available until expended, of
which not less than $316,969,000 shall be for the development of
the Automated Commercial Environment: Provided, That of the
total amount made available under this heading, $216,969,000 may
not be obligated for the Automated Commercial Environment program until 30 days after the Committees on Appropriations of the
Senate and the House of Representatives receive a report on the
results to date and plans for the program from the Department of
Homeland Security that includes:
(1) a detailed accounting of the program’s progress up to the
date of the report in meeting prior commitments made to the
Committees relative to system capabilities or services, system
performance levels, mission benefits and outcomes, milestones,
cost targets, and program management capabilities;
(2) an explicit plan of action defining how all funds are to be
obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based delivery of specific capabilities, services, performance levels, mission benefits and outcomes, and program management capabilities;
(3) a listing of all open Government Accountability Office and
Office of Inspector General recommendations related to the
program, with the status of the Department’s efforts to address
the recommendations, including milestones for fully addressing
them;

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964
(4) a certification by the Chief Procurement Officer of the Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established
by the Office of Management and Budget, including Circular
A–11, part 7, as well as supporting analyses generated by and
used in the Department’s process;
(5) a certification by the Chief Information Officer of the Department that an independent validation and verification agent
has and will continue to actively review the program;
(6) a certification by the Chief Information Officer of the Department that the system architecture of the program is sufficiently aligned with the information systems enterprise architecture of the Department to minimize future rework, including a description of all aspects of the architectures that were
and were not assessed in making the alignment determination,
the date of the alignment determination, any known areas of
misalignment along with the associated risks and corrective actions to address any such areas;
(7) a certification by the Chief Information Officer of the Department that the program has a risk management process
that regularly and proactively identifies, evaluates, mitigates,
and monitors risks throughout the system life cycle, and communicates high-risk conditions to U.S. Customs and Border
Protection and Department of Homeland Security investment
decision makers, as well as a listing of the program’s high
risks and the status of efforts to address them;
(8) a certification by the Chief Procurement Officer of the Department that the plans for the program comply with the Federal acquisition rules, requirements, guidelines, and practices,
and a description of the actions being taken to address areas
of non-compliance, the risks associated with them along with
any plans for addressing these risks and the status of their implementation; and
(9) a certification by the Chief Human Capital Officer of the
Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

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For expenses for customs and border protection fencing, infrastructure, and technology, $1,225,000,000, to remain available until
expended: Provided, That of the amount provided under this heading, $1,053,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act): Provided further, That of the amount provided under this heading,
$650,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure, prepared by the Secretary of
Homeland Security and submitted within 90 days after the date of
enactment of this Act, for a program to establish a security barrier
along the borders of the United States of fencing and vehicle bar-

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riers, where practicable, and other forms of tactical infrastructure
and technology, that includes:
(1) a detailed accounting of the program’s progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost targets,
program management capabilities, identification of the maximum investment (including lifecycle costs) required by the Secure Border Initiative network or any successor contract, and
description of the methodology used to obtain these cost figures;
(2) a description of how activities will further the objectives
of the Secure Border Initiative, as defined in the Secure Border
Initiative multi-year strategic plan, and how the plan allocates
funding to the highest priority border security needs;
(3) an explicit plan of action defining how all funds are to be
obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based delivery of specific capabilities, services, performance levels, mission benefits and outcomes, and program management capabilities;
(4) an identification of staffing (including full-time equivalents, contractors, and detailees) requirements by activity;
(5) a description of how the plan addresses security needs at
the Northern Border and the ports of entry, including infrastructure, technology, design and operations requirements;
(6) a report on costs incurred, the activities completed, and
the progress made by the program in terms of obtaining operational control of the entire border of the United States;
(7) a listing of all open Government Accountability Office and
Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
to fully address them;
(8) a certification by the Chief Procurement Officer of the Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established
by the Office of Management and Budget, including Circular
A–11, part 7;
(9) a certification by the Chief Information Officer of the Department that the system architecture of the program is sufficiently aligned with the information systems enterprise architecture of the Department to minimize future rework, including a description of all aspects of the architectures that were
and were not assessed in making the alignment determination,
the date of the alignment determination, and any known areas
of misalignment along with the associated risks and corrective
actions to address any such areas;
(10) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and practices, and a description of the actions being taken to address
areas of non-compliance, the risks associated with them along

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with any plans for addressing these risks, and the status of
their implementation;
(11) a certification by the Chief Information Officer of the
Department that the program has a risk management process
that regularly and proactively identifies, evaluates, mitigates,
and monitors risks throughout the system life cycle and communicates high-risk conditions to U.S. Customs and Border
Protection and Department of Homeland Security investment
decision makers, as well as a listing of all the program’s high
risks and the status of efforts to address them;
(12) a certification by the Chief Human Capital Officer of the
Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report;
(13) an analysis by the Secretary for each segment, defined
as no more than 15 miles, of fencing or tactical infrastructure,
of the selected approach compared to other, alternative means
of achieving operational control; such analysis should include
cost, level of operational control, possible unintended effects on
communities, and other factors critical to the decision making
process;
(14) a certification by the Chief Procurement Officer of the
Department of Homeland Security that procedures to prevent
conflicts of interest between the prime integrator and major
subcontractors are established and that the Secure Border Initiative Program Office has adequate staff and resources to effectively manage the Secure Border Initiative program, Secure
Border Initiative network contract, and any related contracts,
including the exercise of technical oversight, and a certification
by the Chief Information Officer of the Department of Homeland Security that an independent verification and validation
agent is currently under contract for the projects funded under
this heading; and
(15) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the Committees on Appropriations of the Senate and the House of Representatives on program progress to date and specific objectives to be
achieved through the award of current and remaining task orders
planned for the balance of available appropriations: (1) at least 30
days prior to the award of any task order requiring an obligation
of funds in excess of $100,000,000; and (2) prior to the award of a
task order that would cause cumulative obligations of funds to exceed 50 percent of the total amount appropriated: Provided further,
That of the funds provided under this heading, not more than
$2,000,000 shall be used to reimburse the Defense Acquisition University for the costs of conducting a review of the Secure Border
Initiative network contract and determining how and whether the
Department is employing the best procurement practices: Provided
further, That none of the funds under this heading may be obligated for any project or activity for which the Secretary has exercised waiver authority pursuant to section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8

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U.S.C. 1103 note) until 15 days have elapsed from the date of the
publication of the decision in the Federal Register.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT

For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aircraft systems,
and other related equipment of the air and marine program, including operational training and mission-related travel, and rental
payments for facilities occupied by the air or marine interdiction
and demand reduction programs, the operations of which include
the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of
Homeland Security; and at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency humanitarian efforts, $570,047,000, to remain available until expended:
Provided, That of the amount provided under this heading,
$94,000,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act): Provided further,
That no aircraft or other related equipment, with the exception of
aircraft that are one of a kind and have been identified as excess
to U.S. Customs and Border Protection requirements and aircraft
that have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2008 without the
prior approval of the Committees on Appropriations of the Senate
and the House of Representatives.
CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration
and enforcement of the laws relating to customs and immigration,
$348,363,000, to remain available until expended; of which
$39,700,000 shall be for the Advanced Training Center: Provided,
That of the amount provided under this heading, $61,000,000 is
designated as described in section 5 (in the matter preceding division A of this consolidated Act).
U.S. IMMIGRATION

AND

CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

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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) policetype vehicles; $4,687,517,000, of which not to exceed $7,500,000
shall be available until expended for conducting special operations
under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081); of which not to exceed $15,000 shall be for official reception and representation expenses; of which not to exceed
$1,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $305,000 shall be for pro-

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motion of public awareness of the child pornography tipline and
anti-child exploitation activities as requested by the President; of
which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed
$11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That of the
amount provided under this heading, $516,400,000 is designated as
described in section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000,
except that the Secretary of Homeland Security, or the designee of
the Secretary, may waive that amount as necessary for national security purposes and in cases of immigration emergencies: Provided
further, That of the total amount provided, $15,770,000 shall be for
activities to enforce laws against forced child labor in fiscal year
2008, of which not to exceed $6,000,000 shall remain available
until expended: Provided further, That of the total amount provided, not less than $2,381,401,000 is for detention and removal operations: Provided further, That of the total amount provided,
$200,000,000 shall remain available until September 30, 2009, to
improve and modernize efforts to identify aliens convicted of a
crime, sentenced to imprisonment, and who may be deportable, and
remove them from the United States once they are judged deportable: Provided further, That none of the funds made available to
improve and modernize efforts to identify and remove aliens convicted of a crime, sentenced to imprisonment, and who may be deportable (in this proviso referred to as criminal aliens), and remove
them from the United States once they are judged deportable, shall
be obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive a plan for expenditure,
prepared by the Secretary of Homeland Security and submitted
within 90 days after the date of enactment of this Act, to modernize the policies and technologies used to identify and remove
criminal aliens, that—
(1) presents a strategy for U.S. Immigration and Customs
Enforcement to identify every criminal alien, at the prison, jail,
or correctional institution in which they are held;
(2) establishes the process U.S. Immigration and Customs
Enforcement, in conjunction with the U.S. Department of Justice, will use to make every reasonable effort to remove, upon
their release from custody, all criminal aliens judged deportable;
(3) presents a methodology U.S. Immigration and Customs
Enforcement will use to identify and prioritize for removal
criminal aliens convicted of violent crimes;
(4) defines the activities, milestones, and resources for implementing the strategy and process described in sections (1) and
(2); and
(5) includes program measurements for progress in implementing the strategy and process described in sections (1) and
(2):

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Provided further, That the Secretary of Homeland Security or a
designee of the Secretary shall report to the Committees on Appropriations of the Senate and the House of Representatives, at least
quarterly, on progress implementing the expenditure plan required
in the preceding proviso, and the funds obligated during that quarter to make that progress: Provided further, That the funding and
staffing resources necessary to carry out the strategy and process
described in sections (1) and (2) under this heading shall be identified in the President’s fiscal year 2009 budget submission to Congress.
FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally-owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office
of Management and Budget shall certify in writing to the Committees on Appropriations of the Senate and the House of Representatives no later than December 31, 2007, that the operations of the
Federal Protective Service will be fully funded in fiscal year 2008
through revenues and collection of security fees, and shall adjust
the fees to ensure fee collections are sufficient to ensure the Federal Protective Service maintains, by July 31, 2008, not fewer than
1,200 full-time equivalent staff and 900 full-time equivalent Police
Officers, Inspectors, Area Commanders, and Special Agents who,
while working, are directly engaged on a daily basis protecting and
enforcing laws at Federal buildings (referred to as ‘‘in-service field
staff’’).
AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement automated systems, $30,700,000, to remain available until expended:
Provided, That of the funds made available under this heading,
$5,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive
a plan for expenditure prepared by the Secretary of Homeland Security.
CONSTRUCTION

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For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration
and enforcement of the laws relating to customs and immigration,
$16,500,000, to remain available until expended: Provided, That of
the amount provided under this heading, $10,500,000 is designated
as described in section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That none of the funds made
available in this Act may be used to solicit or consider any request
to privatize facilities currently owned by the United States Government and used to detain illegal aliens until the Committees on Appropriations of the Senate and the House of Representatives receive a plan for carrying out that privatization.

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TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY
(INCLUDING TRANSFER OF FUNDS)

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For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant
to the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,808,691,000, to remain
available until September 30, 2009, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided, That of the total amount made available under this heading,
not to exceed $3,768,489,000 shall be for screening operations, of
which $294,000,000 shall be available only for procurement and installation of checked baggage explosive detection systems; and not
to exceed $1,009,977,000 shall be for aviation security direction and
enforcement: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be
credited to this appropriation as offsetting collections and shall be
available only for aviation security: Provided further, That any
funds collected and made available from aviation security fees pursuant to section 44940(i) of title 49, United States Code, may, notwithstanding paragraph (4) of such section 44940(i), be expended
for the purpose of improving screening at airport screening checkpoints, which may include the purchase and utilization of emerging
technology equipment; the refurbishment and replacement of current equipment; the installation of surveillance systems to monitor
checkpoint activities; the modification of checkpoint infrastructure
to support checkpoint reconfigurations; and the creation of additional checkpoints to screen aviation passengers and airport personnel: Provided further, That of the amounts provided under this
heading, $30,000,000 may be transferred to the ‘‘Surface Transportation Security’’; ‘‘Transportation Threat Assessment And
Credentialing’’; and ‘‘Transportation Security Support’’ appropriations in this Act for the purpose of implementing regulations and
activities authorized in Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110–53): Provided further,
That the sum appropriated under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2008, so as to result in
a final fiscal year appropriation from the general fund estimated at
not more than $2,598,466,000: Provided further, That any security
service fees collected in excess of the amount made available under
this heading shall become available during fiscal year 2009: Provided further, That Members of the United States House of Representatives and United States Senate, including the leadership;
and the heads of Federal agencies and commissions, including the
Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General and Assistant Attorneys General and the United States attorneys; and senior members of the Executive Office of the President,
including the Director of the Office of Management and Budget;
shall not be exempt from Federal passenger and baggage screening.

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971
SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $46,613,000, to remain available until September 30, 2009.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

For necessary expenses for the development and implementation
of screening programs of the Office of Transportation Threat Assessment and Credentialing, $82,590,000, to remain available until
September 30, 2009: Provided, That if the Assistant Secretary of
Homeland Security (Transportation Security Administration) determines that the Secure Flight program does not need to check airline passenger names against the full terrorist watch list, then the
Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no significant security risks are raised by screening airline passenger
names only against a subset of the full terrorist watch list.
TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to providing transportation security support and intelligence pursuant to the Aviation and Transportation Security
Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note),
$523,515,000, to remain available until September 30, 2009: Provided, That of the funds appropriated under this heading,
$10,000,000 may not be obligated until the Secretary of Homeland
Security submits to the Committees on Appropriations of the Senate and the House of Representatives detailed expenditure plans
for checkpoint support and explosive detection systems refurbishment, procurement, and installations on an airport-by-airport basis
for fiscal year 2008; and a strategic plan required for checkpoint
technologies as described in the joint explanatory statement of
managers accompanying the fiscal year 2007 conference report (H.
Rept. 109–699): Provided further, That these plans shall be submitted no later than 60 days after the date of enactment of this
Act.
FEDERAL AIR MARSHALS

For necessary
$769,500,000.

expenses

of

the

Federal

Air

Marshals,

COAST GUARD
OPERATING EXPENSES

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For necessary expenses for the operation and maintenance of the
Coast Guard not otherwise provided for; purchase or lease of not
to exceed 25 passenger motor vehicles, which shall be for replacement only; minor shore construction projects not exceeding
$1,000,000 in total cost at any location; payments pursuant to section 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 1920);
and recreation and welfare; $5,891,347,000, of which $340,000,000
shall be for defense-related activities; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the

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972
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which not to exceed $20,000 shall be for official reception and representation expenses; and of which
$3,600,000 shall be for costs to plan and design an expansion to the
Operations Systems Center subject to the approval of a prospectus:
Provided, That none of the funds made available by this or any
other Act shall be available for administrative expenses in connection with shipping commissioners in the United States: Provided
further, That none of the funds made available by this Act shall be
for expenses incurred for recreational vessels under section 12114
of title 46, United States Code, except to the extent fees are collected from yacht owners and credited to this appropriation: Provided further, That not to exceed 5 percent of this appropriation
may be transferred to the ‘‘Acquisition, Construction, and Improvements’’ appropriation for personnel compensation and benefits and
related costs to adjust personnel assignment to accelerate management and oversight of new or existing projects without detrimentally affecting the management and oversight of other projects: Provided further, That the amount made available for ‘‘Personnel,
Compensation, and Benefits’’ in the ‘‘Acquisition, Construction, and
Improvements’’ appropriation shall not be increased by more than
10 percent by such transfers: Provided further, That the Committees on Appropriations of the Senate and the House of Representatives shall be notified of each transfer within 30 days after it is executed by the Treasury: Provided further, That of the amount provided under this heading, $70,300,000 is designated as described in
section 5 (in the matter preceding division A of this consolidated
Act).
ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter
19 of title 14, United States Code, $13,000,000, to remain available
until expended.
RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program;
personnel and training costs; and equipment and services;
$126,883,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(INCLUDING RESCISSIONS OF FUNDS)

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For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law; $1,125,083,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $45,000,000 shall be available until
September 30, 2012, to acquire, repair, renovate, or improve vessels, small boats, and related equipment; of which $173,100,000

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shall be available until September 30, 2010, for other equipment;
of which $40,997,000 shall be available until September 30, 2010,
for shore facilities and aids to navigation facilities; of which
$82,720,000 shall be available for personnel compensation and benefits and related costs; and of which $783,266,000 shall be available until September 30, 2012, for the Integrated Deepwater Systems program: Provided, That of the funds made available for the
Integrated Deepwater Systems program, $327,416,000 is for aircraft and $243,400,000 is for surface ships: Provided further, That
of the amount provided in the preceding proviso for aircraft,
$70,000,000 may not be obligated for the Maritime Patrol Aircraft
until the Commandant of the Coast Guard certifies that the mission system pallet Developmental Test and Evaluation of the HC–
144A CASA Maritime Patrol Aircraft is complete: Provided further,
That no funds shall be available for procurements related to the acquisition of additional major assets as part of the Integrated Deepwater Systems program not already under contract until an alternatives analysis has been completed by an independent qualified
third party: Provided further, That $300,000,000 of the funds provided for the Integrated Deepwater Systems program may not be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure directly from the Coast Guard that—
(1) defines activities, milestones, yearly costs, and lifecycle
costs for each procurement of a major asset, including an independent cost estimate for each;
(2) identifies lifecycle staffing and training needs of Coast
Guard project managers and of procurement and contract staff;
(3) identifies competition to be conducted in each procurement;
(4) describes procurement plans that do not rely on a single
industry entity or contract;
(5) includes a certification by the Chief Human Capital Officer of the Department that current human capital capabilities
are sufficient to execute the plans discussed in the report;
(6) contains very limited indefinite delivery/indefinite quantity contracts and explains the need for any indefinite delivery/
indefinite quantity contracts;
(7) identifies individual project balances by fiscal year, including planned carryover into fiscal year 2009 by project;
(8) identifies operational gaps by asset and explains how
funds provided in this Act address the shortfalls between current operational capabilities and requirements;
(9) includes a listing of all open Government Accountability
Office and Office of Inspector General recommendations related
to the program and the status of Coast Guard actions to address the recommendations, including milestones for fully addressing them;
(10) includes a certification by the Chief Procurement Officer
of the Department that the program has been reviewed and approved in accordance with the investment management process
of the Department, and that the process fulfills all capital
planning and investment control requirements and reviews es-

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tablished by the Office of Management and Budget, including
Circular A–11, part 7;
(11) identifies use of the Defense Contract Auditing Agency;
(12) includes a certification by the head of contracting activity for the Coast Guard and the Chief Procurement Officer of
the Department that the plans for the program comply with
the Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to address areas of non-compliance, the risks associated with them
along with plans for addressing these risks, and the status of
their implementation;
(13) identifies the use of independent validation and
verification; and
(14) is reviewed by the Government Accountability Office:
Provided further, That the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the
House of Representatives, in conjunction with the President’s fiscal
year 2009 budget, a review of the Revised Deepwater Implementation Plan that identifies any changes to the plan for the fiscal year;
an annual performance comparison of Deepwater assets to preDeepwater 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 invest-

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975
ment plan and proposed appropriations shall be identified and justified: Provided further, That of amounts made available under this
heading in Public Laws 108–334 and 109–90 for the Offshore Patrol Cutter, $98,627,476 are rescinded: Provided further, That of
amounts made available under this heading in Public Law 108–334
for VTOL unmanned aerial vehicles (VUAV), $162,850 are rescinded: Provided further, That of amounts made available under
this heading in Public Law 109–90 for unmanned air vehicles
(UAVs), $32,942,138 are rescinded: Provided further, That of
amounts made available under this heading in Public Law 109–295
for VTOL unmanned aerial vehicles (UAVs), $716,536 are rescinded: Provided further, That of the amount provided under this
heading, $95,800,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
ALTERATION OF BRIDGES

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

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

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

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For necessary expenses of the United States Secret Service, including purchase of not to exceed 645 vehicles for police-type use
for replacement only, and hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft;
services of expert witnesses at such rates as may be determined by
the Director of the Secret Service; rental of buildings in the District

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976
of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or
control, as may be necessary to perform protective functions; payment of per diem or subsistence allowances to employees where a
protective assignment during the actual day or days of the visit of
a protectee requires an employee to work 16 hours per day or to
remain overnight at a post of duty; conduct of and participation in
firearms matches; presentation of awards; travel of United States
Secret Service employees on protective missions without regard to
the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research and
development; grants to conduct behavioral research in support of
protective research and operations; and payment in advance for
commercial accommodations as may be necessary to perform protective functions; $1,381,771,000, of which $853,690,000 is for protective functions; of which not to exceed $25,000 shall be for official
reception and representation expenses; of which not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations;
of which $2,366,000 shall be for forensic and related support of investigations of missing and exploited children; and of which
$6,000,000 shall be for a grant for activities related to the investigations of missing and exploited children and shall remain available until expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30, 2009:
Provided further, That the United States Secret Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5,
United States Code, receiving training sponsored by the James J.
Rowley Training Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available
under this heading at the end of the fiscal year.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For necessary expenses for acquisition, construction, repair, alteration, and improvement of facilities, $3,725,000, to remain available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
NATIONAL PROTECTION

AND

PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

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For salaries and expenses of the immediate Office of the Under
Secretary for National Protection and Programs, the National Protection Planning Office, support for operations, information technology, and Risk Management and Analysis, $47,346,000: Provided,
That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That of the total amount
provided under this heading, $5,000,000 shall not be obligated until

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the Committees on Appropriations of the Senate and the House of
Representatives receive and approve an expenditure plan by program, project, and activity.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$654,730,000, of which $586,960,000 shall remain available until
September 30, 2009.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY

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For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as authorized by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $475,000,000,
to remain available until expended: Provided, That of the amount
provided under this heading, $275,000,000 is designated as described in section 5 (in the matter preceding division A of this consolidated Act): Provided further, That of the total amount made
available under this heading, $125,000,000 may not be obligated
for the United States Visitor and Immigrant Status Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan
for expenditure prepared by the Secretary of Homeland Security
that includes—
(1) a detailed accounting of the program’s progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost targets,
and program management capabilities;
(2) an explicit plan of action defining how all funds are to be
obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based delivery of specific capabilities, services, performance levels, mission benefits and outcomes, and program management capabilities;
(3) a listing of all open Government Accountability Office and
Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing them;
(4) a certification by the Chief Procurement Officer of the Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established
by the Office of Management and Budget, including Circular
A–11, part 7;
(5) a certification by the Chief Information Officer of the Department of Homeland Security that an independent
verification and validation agent is currently under contract for
the project;

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(6) a certification by the Chief Information Officer of the Department that the system architecture of the program is sufficiently aligned with the information systems enterprise architecture of the Department to minimize future rework, including a description of all aspects of the architectures that were
and were not assessed in making the alignment determination,
the date of the alignment determination, and any known areas
of misalignment along with the associated risks and corrective
actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the Department that the plans for the program comply with the Federal acquisition rules, requirements, guidelines, and practices,
and a description of the actions being taken to address areas
of non-compliance, the risks associated with them along with
any plans for addressing these risks, and the status of their
implementation;
(8) a certification by the Chief Information Officer of the Department that the program has a risk management process
that regularly identifies, evaluates, mitigates, and monitors
risks throughout the system life cycle, and communicates highrisk conditions to agency and Department of Homeland Security investment decision makers, as well as a listing of all the
program’s high risks and the status of efforts to address them;
(9) a certification by the Chief Human Capital Officer of the
Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report;
(10) a complete schedule for the full implementation of a biometric exit program or a certification that such program is not
possible within five years;
(11) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services; and
(12) is reviewed by the Government Accountability Office.
OFFICE

OF

HEALTH AFFAIRS

For the necessary expenses of the Office of Health Affairs,
$116,500,000; of which $24,317,000 is for salaries and expenses;
and of which $92,183,000, to remain available until September 30,
2009, is for biosurveillance, BioWatch, medical readiness planning,
chemical response, and other activities: Provided, That not to exceed $3,000 shall be for official reception and representation expenses.
FEDERAL EMERGENCY MANAGEMENT AGENCY
MANAGEMENT AND ADMINISTRATION

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For necessary expenses for management and administration of
the Federal Emergency Management Agency, $664,000,000, including activities authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the

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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 PostKatrina Emergency Management Reform Act of 2006 (Public Law
109–295; 120 Stat. 1394): Provided, That not to exceed $3,000 shall
be for official reception and representation expenses: Provided further, That the President’s budget submitted under section 1105(a)
of title 31, United States Code, shall be detailed by the office for
the Federal Emergency Management Agency: Provided further,
That of the total amount made available under this heading,
$32,500,000 shall be for the Urban Search and Rescue Response
System, of which not to exceed $1,600,000 may be made available
for administrative costs; and $6,000,000 shall be for the Office of
National Capital Region Coordination: Provided further, That for
purposes of planning, coordination, execution, and decision-making
related to mass evacuation during a disaster, the Governors of the
State of West Virginia and the Commonwealth of Pennsylvania, or
their designees, shall be incorporated into efforts to integrate the
activities of Federal, State, and local governments in the National
Capital Region, as defined in section 882 of Public Law 107–296,
the Homeland Security Act of 2002.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

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For grants, contracts, cooperative agreements, and other activities, $3,177,800,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 605) as amended by Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law
110–53): Provided, That of the amount provided by this paragraph, $60,000,000 shall be for Operation Stonegarden and is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act): Provided further, That notwithstanding subsection (c)(4) of such section 2004, for fiscal
year 2008, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the
Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004.
(2) $820,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604) as amended by Implementing Recommendations
of the 9/11 Commission Act of 2007 (Public Law 110–53), of
which, notwithstanding subsection (c)(1) of such section,
$15,000,000 shall be for grants to organizations (as described
under section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax section 501(a) of such code) determined
by the Secretary to be at high-risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic Preparedness Grants.

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(4) $41,000,000 shall be for the Metropolitan Medical Response System under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizens Corps Program;
(6) $400,000,000 shall be for Public Transportation Security
Assistance and Railroad Security Assistance under sections
1406 and 1513 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C.
1135 and 1163), of which not less than $25,000,000 shall be for
Amtrak security.
(7) $400,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107.
(8) $11,500,000 shall be for Over-the-Road Bus Security Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53;
6 U.S.C. 1182).
(9) $16,000,000 shall be for Trucking Industry Security
Grants.
(10) $50,000,000 shall be for Buffer Zone Protection Program
Grants.
(11) $50,000,000 shall be for grants under section 204 of the
REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 30301
note): Provided, That the amount provided under this paragraph shall be designated as described in section 5 (in the matter preceding division A of this consolidated Act).
(12) $25,000,000 shall be for the Commercial Equipment Direct Assistance Program.
(13) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579) as amended by
Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110–53).
(14) $15,000,000 shall be for grants for construction of Emergency Operations Centers under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c) as amended by Implementing Recommendations
of the 9/11 Commission Act of 2007 (Public Law 110–53).
(15) $299,300,000 shall be for training, exercises, technical
assistance, and other programs:
Provided, That not to exceed 3 percent of the amounts provided
under this heading may be transferred to the Federal Emergency
Management Agency ‘‘Management and Administration’’ account
for program administration: Provided further, That for grants
under paragraphs (1) through (5), the applications for grants shall
be made available to eligible applicants not later than 25 days after
the date of enactment of this Act, that eligible applicants shall submit applications not later than 90 days after the grant announcement, and that the Administrator of the Federal Emergency Management Agency shall act within 90 days after receipt of an application: Provided further, That for grants under paragraphs (6)
through (11), the applications for grants shall be made available to
eligible applicants not later than 30 days after the date of enactment of this Act, that eligible applicants shall submit applications
within 45 days after the grant announcement, and that the Federal

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Emergency Management Agency shall act not later than 60 days
after receipt of an application: Provided further, That grantees
shall provide additional reports on their use of funds, as determined necessary by the Secretary of Homeland Security: Provided
further, That (a) the Center for Domestic Preparedness may provide training to emergency response providers from the Federal
Government, foreign governments, or private entities, if the Center
for Domestic Preparedness is reimbursed for the cost of such training, and any reimbursement under this subsection shall be credited
to the account from which the expenditure being reimbursed was
made and shall be available, without fiscal year limitation, for the
purposes for which amounts in the account may be expended, (b)
the head of the Center for Domestic Preparedness shall ensure that
any training provided under (a) does not interfere with the primary
mission of the Center to train State and local emergency response
providers: Provided further, That the Government Accountability
Office shall report to the Committees on Appropriations of the Senate and the House of Representatives regarding the data, assumptions, and methodology that the Department uses to assess risk
and allocate Urban Area Security Initiative and State Homeland
Security Grants not later than 45 days after the date of enactment
of this Act: Provided further, That the report shall include the reliability and validity of the data used, the basis for the assumptions
used, how the methodology is applied to determine the risk scores
for individual locations, an analysis of the usefulness of placing
States and cities into tier groups, and the allocation of grants to
eligible locations: Provided further, That the Department provide
the Government Accountability Office with the actual data that the
Department used for its risk assessment and grant allocation for
at least two locations at the discretion of the Government Accountability Office for the 2007 grant allocation process: Provided further, That the Department provide the Government Accountability
Office with access to all data needed for its analysis and report, including specifics on all changes for the fiscal year 2008 process, including, but not limited to, all changes in data, assumptions, and
weights used in methodology within seven days after the date of
enactment of this Act: Provided further, That any subsequent
changes made regarding the risk methodology after the initial information is provided to the Government Accountability Office shall
be provided within seven days after the change is made.
FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$750,000,000, of which $560,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $190,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2009: Provided, That not to
exceed 5 percent of the amount available under this heading shall
be available for program administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS

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For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of 1968

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(42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That total administrative costs shall not exceed 3 percent of
the total amount appropriated under this heading.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

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

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

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For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $1,400,000,000, to remain available until expended: Provided,
That of the total amount provided, $16,000,000 shall be transferred
to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters, subject to
section 503 of this Act: Provided further, That up to $60,000,000
may be transferred to ‘‘Management and Administration’’, Federal
Emergency Management Agency, of which $48,000,000 and 250 positions are for management and administration functions and
$12,000,000 is for activities related to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.):
Provided further, That of the amount provided in the previous proviso, $30,000,000 shall not be available for transfer for management and administration functions until the Federal Emergency
Management Agency submits an expenditure plan to the Committees on Appropriations of the Senate and the House of Representatives regarding the 250 positions: Provided further, That the Federal Emergency Management Agency shall hereafter submit a
monthly ‘‘Disaster Relief’’ report to the Committees on Appropriations of the Senate and the House of Representatives to include—
(1) status of the Disaster Relief fund including obligations,
allocations, and amounts undistributed/unallocated;

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(2) allocations, obligations, and expenditures for Hurricanes
Katrina, Rita, and Wilma and all open disasters;
(3) information on national flood insurance claims;
(4) obligations, allocations, and expenditures by State for unemployment, crisis counseling, inspections, housing assistance,
manufactured housing, public assistance, and individual assistance;
(5) mission assignment obligations by agency, including:
(A) the amounts to other agencies that are in suspense
because the Federal Emergency Management Agency has
not yet reviewed and approved the documentation supporting the expenditure or for which an agency has been
mission assigned but has not submitted necessary documentation for reimbursement;
(B) an explanation if the amounts of reported obligations
and expenditures do not reflect the status of such obligations and expenditures from a government-wide perspective; and
(C) each such agency’s actual obligation and expenditure
data;
(6) the amount of credit card purchases by agency and mission assignment;
(7) specific reasons for all waivers granted and a description
of each waiver;
(8) a list of all contracts that were awarded on a sole source
or limited competition basis, including the dollar amount, the
purpose of the contract, and the reason for the lack of competitive award; and
(9) an estimate of when available appropriations will be exhausted, assuming an average disaster season:
Provided further, That for any request for reimbursement from a
Federal agency to the Department to cover expenditures under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), or any mission assignment orders issued
by the Department for such purposes, the Secretary of Homeland
Security shall take appropriate steps to ensure that each agency is
periodically reminded of Department policies on—
(1) the detailed information required in supporting documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

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For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such ad-

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ditional sums as may be provided by State and local governments
or other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of such Act, to remain available until expended: Provided, That total administrative costs shall not exceed
3 percent of the total amount appropriated under this heading.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)

For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001 et seq.), $145,000,000, which is available as follows: (1) not to exceed $45,642,000 for salaries and expenses associated with flood mitigation and flood insurance operations; and (2)
no less than $99,358,000 for flood hazard mitigation, which shall
be derived from offsetting collections assessed and collected under
section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C.
4014), to remain available until September 30, 2009, including up
to $34,000,000 for flood mitigation expenses under section 1366 of
that Act (42 U.S.C. 4104c), which shall be available for transfer to
the National Flood Mitigation Fund under section 1367 of that Act
(42 U.S.C. 4104) until September 30, 2009: Provided, That any additional fees collected pursuant to section 1307 of that Act shall be
credited as an offsetting collection to this account, to be available
for flood hazard mitigation expenses: Provided further, That in fiscal year 2008, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in
excess of: (1) $70,000,000 for operating expenses; (2) $773,772,000
for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $90,000,000 for
flood mitigation actions with respect to severe repetitive loss properties under section 1361A of that Act (42 U.S.C. 4102a) and repetitive insurance claims properties under section 1323 of that Act (42
U.S.C. 4030), which shall remain available until expended: Provided further, That total administrative costs shall not exceed 4
percent of the total appropriation.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)

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

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For a predisaster mitigation grant program under title II of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5131 et seq.), $114,000,000, to remain available until expended: Provided, That grants made for predisaster mitigation
shall be awarded subject to the criteria in section 203(g) of such

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Act (42 U.S.C. 5133(g)): Provided further, That the total administrative costs associated with such grants shall not exceed 3 percent
of the total amount made available under this heading.
EMERGENCY FOOD AND SHELTER

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

AND IMMIGRATION

SERVICES

For necessary expenses for citizenship and immigration services,
$80,973,000: Provided, That of the amount provided under this
heading, $80,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act): Provided further, That of the total, $20,000,000 is provided to address backlogs
of security checks associated with pending applications and petitions and shall not be available for obligation until the Secretary
of Homeland Security and the United States Attorney General submit to the Committees on Appropriations of the Senate and the
House of Representatives a plan to eliminate the backlog of security checks that establishes information sharing protocols to ensure
United States Citizenship and Immigration Services has the information it needs to carry out its mission: Provided further, That notwithstanding any other provision of law, funds available to United
States Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to five vehicles for areas
where the Administrator of General Services does not provide vehicles for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees
who are assigned to those areas to use such vehicles between the
employees’ residences and places of employment.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES

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For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law
enforcement basic training; purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses
for student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by section
3109 of title 5, United States Code; $238,076,000, of which up to
$48,111,000 for materials and support costs of Federal law enforcement basic training shall remain available until September 30,

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2009; of which $300,000 shall remain available until expended for
Federal law enforcement agencies participating in training accreditation, to be distributed as determined by the Federal Law Enforcement Training Center for the needs of participating agencies; and
of which not to exceed $12,000 shall be for official reception and
representation expenses: Provided, That of the amount provided
under this heading, $17,000,000 is designated as described in section 5 (in the matter preceding division A of this consolidated Act):
Provided further, That the Center is authorized to obligate funds
in anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the end
of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year: Provided further, That section
1202(a) of Public Law 107–206 (42 U.S.C. 3771 note) as amended
by Public Law 109–295 (120 Stat. 1374) is further amended by
striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2010’’.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements,
and related expenses of the Federal Law Enforcement Training
Center, $50,590,000, to remain available until expended: Provided,
That of the amount provided under this heading, $4,000,000 is designated as described in section 5 (in the matter preceding division
A of this consolidated Act): Provided further, That the Center is authorized to accept reimbursement to this appropriation from government agencies requesting the construction of special use facilities.
SCIENCE

AND

TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary
for Science and Technology and for management and administration of programs and activities, as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$138,600,000: Provided, That not to exceed $10,000 shall be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

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For necessary expenses for science and technology research, including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.);
$691,735,000, to remain available until expended: Provided, That
none of the funds made available under this heading shall be obligated for the Analysis, Dissemination, Visualization, Insight, and
Semantic Enhancement program or any follow-on or successor program.

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DOMESTIC NUCLEAR DETECTION OFFICE
MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic Nuclear Detection Office as authorized by the second title XVIII of the Homeland Security Act of 2002 and for management and administration of programs and activities, $31,500,000: Provided, That not to exceed
$3,000 shall be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $323,500,000, to remain available until expended.
SYSTEMS ACQUISITION

For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance
with the global nuclear detection architecture, $129,750,000, to remain available until September 30, 2010: Provided, That none of
the funds appropriated under this heading shall be obligated for
full-scale procurement of Advanced Spectroscopic Portal Monitors
until the Secretary of Homeland Security submits to the Committees on Appropriations of the Senate and the House of Representatives a report certifying that a significant increase in operational
effectiveness will be achieved: Provided further, That the Secretary
shall submit separate and distinct certifications prior to the procurement of Advanced Spectroscopic Portal Monitors for primary
and secondary deployment that address the unique requirements
for operational effectiveness of each type of deployment: Provided
further, That the Secretary of Homeland Security shall consult
with the National Academy of Sciences before making such certification: Provided further, That none of the funds appropriated
under this heading shall be used for high-risk concurrent development and production of mutually dependent software and hardware.
TITLE V
GENERAL PROVISIONS

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SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for
such activities established pursuant to this Act: Provided, That balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one
fund for the same time period as originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to
the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2008, or provided from any ac-

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

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President’s fiscal year 2008 budget, excluding sedan service, shuttle service, transit subsidy, mail operations, parking, and competitive sourcing: Provided, That any additional activities and amounts
shall be approved by the Committees on Appropriations of the Senate and the House of Representatives 30 days in advance of obligation.
SEC. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at
the end of fiscal year 2008 from appropriations for salaries and expenses for fiscal year 2008 in this Act shall remain available
through September 30, 2009, in the account and for the purposes
for which the appropriations were provided: Provided, That prior to
the obligation of such funds, a request shall be submitted to the
Committees on Appropriations of the Senate and the House of Representatives for approval in accordance with section 503 of this Act.
SEC. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50
U.S.C. 414) during fiscal year 2008 until the enactment of an Act
authorizing intelligence activities for fiscal year 2008.
SEC. 507. The Federal Law Enforcement Training Accreditation
Board shall lead the Federal law enforcement training accreditation process, to include representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, to continue the implementation
of measuring and assessing the quality and effectiveness of Federal
law enforcement training programs, facilities, and instructors.
SEC. 508. None of the funds in this Act may be used to make a
grant allocation, discretionary grant award, discretionary contract
award, or to issue a letter of intent totaling in excess of $1,000,000,
or to announce publicly the intention to make such an award, including a contract covered by the Federal Acquisition Regulation,
unless the Secretary of Homeland Security notifies the Committees
on Appropriations of the Senate and the House of Representatives
at least three full business days in advance: Provided, That no notification shall involve funds that are not available for obligation:
Provided further, That the notification shall include the amount of
the award, the fiscal year in which the funds for the award were
appropriated, and the account from which the funds are being
drawn: Provided further, That the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the Senate
and the House of Representatives five full business days in advance of announcing publicly the intention of making an award of
State Homeland Security grants; Urban Area Security Initiative
grants; or Regional Catastrophic Preparedness Grants.
SEC. 509. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary
use of additional facilities by lease, contract, or other agreement for

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training which cannot be accommodated in existing Center facilities.
SEC. 510. The Director of the Federal Law Enforcement Training
Center shall schedule basic and/or advanced law enforcement training at all four training facilities under the control of the Federal
Law Enforcement Training Center to ensure that these training
centers are operated at the highest capacity throughout the fiscal
year.
SEC. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus, if required under chapter 33 of title 40, United States
Code, has not been approved, except that necessary funds may be
expended for each project for required expenses for the development of a proposed prospectus.
SEC. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).
SEC. 513. (a) None of the funds provided by this or previous appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program or
any other follow-on or successor passenger prescreening program,
until the Secretary of Homeland Security certifies, and the Government Accountability Office reports, to the Committees on Appropriations of the Senate and the House of Representatives, that all
ten of the conditions contained in paragraphs (1) through (10) of
section 522(a) of Public Law 108–334 (118 Stat. 1319) have been
successfully met.
(b) The report required by subsection (a) shall be submitted within 90 days after the Secretary provides the requisite certification,
and periodically thereafter, if necessary, until the Government Accountability Office confirms that all ten conditions have been successfully met.
(c) Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
detailed plan that describes: (1) the dates for achieving key milestones, including the date or timeframes that the Secretary will
certify the program under subsection (a); and (2) the methodology
to be followed to support the Secretary’s certification, as required
under subsection (a).
(d) During the testing phase permitted by subsection (a), no information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in instances where passenger names are matched to a Government
watch list.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk
to passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or any other Act may be
used for data or a database that is obtained from or remains under
the control of a non-Federal entity: Provided, That this restriction

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shall not apply to Passenger Name Record data obtained from air
carriers.
SEC. 514. None of the funds made available in this Act may be
used to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 515. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June 1,
2004, by employees (including employees serving on a temporary or
term basis) of United States Citizenship and Immigration Services
of the Department of Homeland Security who are known as of that
date as Immigration Information Officers, Contact Representatives,
or Investigative Assistants.
SEC. 516. None of the funds appropriated to the United States
Secret Service by this Act or by previous appropriations Acts may
be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided, That
the Director of the United States Secret Service may enter into an
agreement to perform such service on a fully reimbursable basis.
SEC. 517. Section 517(b) of the Department of Homeland Security
Appropriations Act, 2007 (18 U.S.C. 3056 note) is amended to read
as follows:
‘‘(b) For fiscal year 2008, and each fiscal year thereafter, the Director of the United States Secret Service may enter into an agreement to perform protection of a Federal official other than a person
granted protection under section 3056(a) of title 18, United States
Code, on a fully reimbursable basis.’’.
SEC. 518. (a) The Secretary of Homeland Security shall research,
develop, and procure new technologies to inspect and screen air
cargo carried on passenger aircraft at the earliest date possible.
(b) Existing checked baggage explosive detection equipment and
screeners shall be utilized to screen air cargo carried on passenger
aircraft to the greatest extent practicable at each airport until technologies developed under subsection (a) are available.
(c) The Assistant Secretary (Transportation Security Administration) shall work with air carriers and airports to ensure that the
screening of cargo carried on passenger aircraft, as defined in section 44901(g)(5) of title 49, United States Code, increases incrementally each quarter.
(d) Not later than 45 days after the end of each quarter, the Assistant Secretary (Transportation Security Administration) shall
submit to the Committees on Appropriations of the Senate and the
House of Representatives a report on air cargo inspection statistics
by airport and air carrier detailing the incremental progress being
made to meet section 44901(g)(2) of title 49, United States Code.
SEC. 519. None of the funds made available in this Act may be
used by any person other than the Privacy Officer appointed under
section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142)
to alter, direct that changes be made to, delay, or prohibit the
transmission to Congress of any report prepared under paragraph
(6) of such section.
SEC. 520. No funding made available to the Department of
Homeland Security in this Act shall be available to pay the salary
of any employee serving as a contracting officer’s technical rep-

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resentative (COTR), or anyone acting in a similar capacity, who
has not received COTR training.
SEC. 521. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ‘‘Aviation Security’’, ‘‘Administration’’ and
‘‘Transportation Security Support’’ for fiscal years 2004, 2005, 2006,
and 2007 that are recovered or deobligated shall be available only
for the procurement or installation of explosives detection systems,
for air cargo, baggage, and checkpoint screening systems, subject to
notification: Provided, That quarterly reports shall be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives on any funds that are recovered or deobligated.
SEC. 522. Section 525(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1382)
shall apply to fiscal year 2008.
SEC. 523. Any funds appropriated to United States Coast Guard,
‘‘Acquisition, Construction, and Improvements’’ for fiscal years
2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol boat
conversion that are recovered, collected, or otherwise received as
the result of negotiation, mediation, or litigation, shall be available
until expended for the Replacement Patrol Boat (FRC–B) program.
SEC. 524. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–
356 (31 U.S.C. 501 note), shall continue operations during fiscal
year 2008.
SEC. 525. None of the funds provided in this Act shall be available to commence operations of the National Applications Office or
the National Immigration Information Sharing Operation until the
Secretary certifies that these programs comply with all existing
laws, including all applicable privacy and civil liberties standards,
and that certification is reviewed by the Government Accountability Office.
SEC. 526. Within 45 days after the close of each month, the Chief
Financial Officer of the Department of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report
that includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract employees by
office.
SEC. 527. Section 532(a) of Public Law 109–295 is amended by
striking ‘‘2007’’ and inserting ‘‘2008’’.
SEC. 528. None of the funds made available by this Act shall be
used in contravention of the Federal buildings performance and reporting requirements of Executive Order No. 13123, part 3 of title
V of the National Energy Conservation Policy Act (42 U.S.C. 8251
et seq.), or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby).
SEC. 529. The functions of the Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform
Act of 1998 (31 U.S.C. 501 note).
SEC. 530. None of the funds made available in this Act may be
used in contravention of section 303 of the Energy Policy Act of
1992 (42 U.S.C. 13212).

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SEC. 531. None of the funds made available by this Act may be
used to take an action that would violate Executive Order No.
13149 (65 Fed. Reg. 24607; relating to greening the Government
through Federal fleet and transportation efficiency).
SEC. 532. Subsections (a), (b), and (d)(1) of section 6402 of the
U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110–28) shall
apply to fiscal year 2008.
SEC. 533. None of the funds provided by this or any other Act
may be obligated for the development, testing, deployment, or operation of any system related to the MAX–HR project, or any subsequent but related human resources management project, until any
pending litigation concerning such activities is resolved, and any
legal claim or appeal by either party has been fully resolved.
SEC. 534. Section 550 of the Department of Homeland Security
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding
at the end the following:
‘‘(h) This section shall not preclude or deny any right of any
State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to
chemical facility security that is more stringent than a regulation,
requirement, or standard of performance issued under this section,
or otherwise impair any right or jurisdiction of any State with respect to chemical facilities within that State, unless there is an actual conflict between this section and the law of that State.’’.
SEC. 535. (a) AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.—
(1) DEFINITIONS.—Section 8331 of title 5, United States
Code, is amended—
(A) by striking ‘‘and’’ at the end of paragraph (28), by
striking the period at the end of the first paragraph (29)
and inserting a semicolon, by redesignating the second
paragraph (29) as paragraph (30), and by striking the period at the end of paragraph (30) (as so redesignated) and
inserting ‘‘; and’’; and
(B) by adding at the end the following:
‘‘(31) ‘customs and border protection officer’ means an employee in the Department of Homeland Security (A) who holds
a position within the GS–1895 job series (determined applying
the criteria in effect as of September 1, 2007) or any successor
position, and (B) whose duties include activities relating to the
arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is
transferred directly to a supervisory or administrative position
in the Department of Homeland Security after performing such
duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years.’’.
(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.—Section
8334 of title 5, United States Code, is amended—
(A) in subsection (a)(1)(A), by striking ‘‘or nuclear materials courier,’’ and inserting ‘‘nuclear materials courier, or
customs and border protection officer,’’; and
(B) in the table contained in subsection (c), by adding at
the end the following:

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‘‘Customs and border protection officer

7.5

After June 29, 2008.’’.

(3) MANDATORY SEPARATION.—The first sentence of section
8335(b)(1) of title 5, United States Code, is amended by striking ‘‘or nuclear materials courier’’ and inserting ‘‘nuclear materials courier, or customs and border protection officer’’.
(4) IMMEDIATE RETIREMENT.—Section 8336 of title 5, United
States Code, is amended—
(A) in subsection (c)(1), by striking ‘‘or nuclear materials
courier’’ and inserting ‘‘nuclear materials courier, or customs and border protection officer’’; and
(B) in subsections (m) and (n), by striking ‘‘or as a law
enforcement officer,’’ and inserting ‘‘as a law enforcement
officer, or as a customs and border protection officer,’’.
(b) AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
(1) DEFINITIONS.—Section 8401 of title 5, United States
Code, is amended—
(A) in paragraph (34), by striking ‘‘and’’ at the end;
(B) in paragraph (35), by striking the period and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(36) the term ‘customs and border protection officer’ means
an employee in the Department of Homeland Security (A) who
holds a position within the GS–1895 job series (determined applying the criteria in effect as of September 1, 2007) or any
successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances,
and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after
performing such duties (as described in subparagraph (B)) in
1 or more positions (as described in subparagraph (A)) for at
least 3 years.’’.
(2) IMMEDIATE RETIREMENT.—Paragraphs (1) and (2) of section 8412(d) of title 5, United States Code, are amended by
striking ‘‘or nuclear materials courier,’’ and inserting ‘‘nuclear
materials courier, or customs and border protection officer,’’.
(3) COMPUTATION OF BASIC ANNUITY.—Section 8415(h)(2) of
title 5, United States Code, is amended by striking ‘‘or air traffic controller.’’ and inserting ‘‘air traffic controller, or customs
and border protection officer’’.
(4) DEDUCTIONS FROM PAY.—The table contained in section
8422(a)(3) of title 5, United States Code, is amended by adding
at the end the following:
‘‘Customs and border protection officer

7.5

After June 29, 2008.’’.

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(5) GOVERNMENT CONTRIBUTIONS.—Paragraphs (1)(B)(i) and
(3) of section 8423(a) of title 5, United States Code, are amended by inserting ‘‘customs and border protection officers,’’ after
‘‘nuclear materials couriers,’’ each place it appears.

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(6) MANDATORY SEPARATION.—Section 8425(b)(1) of title 5,
United States Code, is amended—
(A) by striking ‘‘or nuclear materials courier who’’ and
inserting ‘‘nuclear materials courier, or customs and border protection officer who’’; and
(B) by striking ‘‘or nuclear materials courier,’’ and inserting ‘‘nuclear materials courier, or customs and border protection officer’’.
(c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.—Section 3307 of
title 5, United States Code, is amended by adding at the end the
following:
‘‘(g) The Secretary of Homeland Security may determine and fix
the maximum age limit for an original appointment to a position
as a customs and border protection officer, as defined by section
8401(36).’’.
(d) REGULATIONS.—Any regulations necessary to carry out the
amendments made by this section shall be prescribed by the Director of the Office of Personnel Management in consultation with the
Secretary of Homeland Security.
(e) EFFECTIVE DATE; TRANSITION RULES.—
(1) EFFECTIVE DATE.—The amendments made by this section
shall become effective on the later of June 30, 2008, or the first
day of the first pay period beginning at least 6 months after
the date of the enactment of this Act.
(2) TRANSITION RULES.—
(A) NONAPPLICABILITY OF MANDATORY SEPARATION PROVISIONS TO CERTAIN INDIVIDUALS.—The amendments made
by subsections (a)(3) and (b)(6), respectively, shall not
apply to an individual first appointed as a customs and
border protection officer before the effective date under
paragraph (1).
(B) TREATMENT OF PRIOR CBPO SERVICE.—
(i) GENERAL RULE.—Except as provided in clause (ii),
nothing in this section or any amendment made by
this section shall be considered to apply with respect
to any service performed as a customs and border protection officer before the effective date under paragraph (1).
(ii) EXCEPTION.—Service described in section
8331(31) or 8401(36) of title 5, United States Code (as
amended by this section) rendered before the effective
date under paragraph (1) may be taken into account
to determine if an individual who is serving on or after
such effective date then qualifies as a customs and
border protection officer by virtue of holding a supervisory or administrative position in the Department of
Homeland Security.
(C) MINIMUM ANNUITY AMOUNT.—The annuity of an individual serving as a customs and border protection officer
on the effective date under paragraph (1) pursuant to an
appointment made before that date shall, to the extent
that its computation is based on service rendered as a customs and border protection officer on or after that date, be
at least equal to the amount that would be payable—

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(i) to the extent that such service is subject to the
Civil Service Retirement System, by applying section
8339(d) of title 5, United States Code, with respect to
such service; and
(ii) to the extent such service is subject to the Federal Employees’ Retirement System, by applying section 8415(d) of title 5, United States Code, with respect to such service.
(D) RULE OF CONSTRUCTION.—Nothing in the amendment made by subsection (c) shall be considered to apply
with respect to any appointment made before the effective
date under paragraph (1).
(3) ELECTION.—
(A) INCUMBENT DEFINED.—For purposes of this paragraph, the term ‘‘incumbent’’ means an individual who is
serving as a customs and border protection officer on the
date of the enactment of this Act.
(B) NOTICE REQUIREMENT.—Not later than 30 days after
the date of the enactment of this Act, the Director of the
Office of Personnel Management shall take measures reasonably designed to ensure that incumbents are notified as
to their election rights under this paragraph, and the effect of making or not making a timely election.
(C) ELECTION AVAILABLE TO INCUMBENTS.—
(i) IN GENERAL.—An incumbent may elect, for all
purposes, either—
(I) to be treated in accordance with the amendments made by subsection (a) or (b), as applicable;
or
(II) to be treated as if subsections (a) and (b)
had never been enacted.
Failure to make a timely election under this paragraph shall be treated in the same way as an election
made under subclause (I) on the last day allowable
under clause (ii).
(ii) DEADLINE.—An election under this paragraph
shall not be effective unless it is made at least 14 days
before the effective date under paragraph (1).
(4) DEFINITION.—For purposes of this subsection, the term
‘‘customs and border protection officer’’ has the meaning given
such term by section 8331(31) or 8401(36) of title 5, United
States Code (as amended by this section).
(5) EXCLUSION.—Nothing in this section or any amendment
made by this section shall be considered to afford any election
or to otherwise apply with respect to any individual who, as of
the day before the date of the enactment of this Act—
(A) holds a position within U.S. Customs and Border
Protection; and
(B) is considered a law enforcement officer for purposes
of subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, by virtue of such position.
SEC. 536. In fiscal year 2008, none of the funds made available
in this or any other Act may be used to enforce section 4025(1) of
Public Law 108–458 unless the Assistant Secretary (Transportation

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Security Administration) reverses the determination of July 19,
2007, that butane lighters are not a significant threat to civil aviation security.
SEC. 537. None of the funds provided in this Act may be used to
alter or reduce operations within the Civil Engineering Program of
the Coast Guard nationwide, including the civil engineering units,
facilities, design and construction centers, maintenance and logistics command centers, and the Coast Guard Academy, except as
specifically authorized by a statute enacted after the date of the enactment of this Act.
SEC. 538. The cumulative amount appropriated in title I of this
Act for the ‘‘Office of the Secretary and Executive Management’’
and the ‘‘Office of the Under Secretary for Management’’ shall be
reduced by $5,000,000.
SEC. 539. (a) Except as provided in subsection (b), none of the
funds appropriated in this Act to the Office of the Secretary and
Executive Management, the Office of the Under Secretary for Management and the Office of the Chief Financial Officer, may be obligated for a grant or contract awarded by a means other than full
and open competition.
(b) This section does not apply to obligation of funds for a contract awarded—
(1) by a means that is required by a Federal statute, including obligation for a purchase made under a mandated preferential program, such as the AbilityOne Program, that is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 46–
48c); or
(2) under the Small Business Act (15 U.S.C. 631 et seq.).
(c) The Secretary of Homeland Security may waive the application of this section to the award of a contract in the period of a national emergency determined by the Secretary.
(d) In addition to the requirements established by this section,
the Inspector General for the Department of Homeland Security
shall review departmental contracts awarded through other than
full and open competition to assess departmental compliance with
applicable laws and regulations: Provided, That the Inspector General shall review selected contracts awarded during the previous
fiscal year through other than full and open competition: Provided
further, That in determining which contracts to review, the Inspector General shall consider the cost and complexity of the goods and
services to be provided under the contract, the criticality of the contract to fulfilling Department missions, past performance problems
on similar contracts or by the selected vendor, complaints received
about the award process or contractor performance, and such other
factors as the Inspector General deems relevant: Provided further,
That the Inspector General shall report the results of the reviews
to the Committees on Appropriations of the Senate and the House
of Representatives.
SEC. 540. Section 44940(a)(2) of title 49, United States Code, is
amended by striking the period in the last sentence of subparagraph (A) and the clause (iv) of subparagraph B and adding the following, ‘‘except for estimates and additional collections made pursuant to the appropriation for Aviation Security in Public Law
108–334: Provided, That such judicial review shall be pursuant to

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section 46110 of title 49, United States Code: Provided further,
That such judicial review shall be limited only to additional
amounts collected by the Secretary before October 1, 2007.’’.
SEC. 541. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as a
Principal Federal Official for any Robert T. Stafford Disaster Relief
and Emergency Assistance Act declared disasters or emergencies.
SEC. 542. Section 46301(a) of title 49, United States Code, is
amended by adding at the end the following:
‘‘(6) FAILURE TO COLLECT AIRPORT SECURITY BADGES.—Notwithstanding paragraph (1), any employer (other than a governmental entity or airport operator) who employs an employee
to whom an airport security badge or other identifier used to
obtain access to a secure area of an airport is issued before, on,
or after the date of enactment of this paragraph and who does
not collect or make reasonable efforts to collect such badge
from the employee on the date that the employment of the employee is terminated and does not notify the operator of the
airport of such termination within 24 hours of the date of such
termination shall be liable to the Government for a civil penalty not to exceed $10,000.’’.
SEC. 543. None of the funds made available in this Act may be
used by United States Citizenship and Immigration Services to
grant an immigration benefit unless the results of background
checks required by law to be completed prior to the grant of the
benefit have been received by United States Citizenship and Immigration Services, and the results do not preclude the grant of the
benefit.
SEC. 544. None of the funds made available in this Act may be
used to destroy or put out to pasture any horse or other equine belonging to the Federal Government that has become unfit for service, unless the trainer or handler is first given the option to take
possession of the equine through an adoption program that has
safeguards against slaughter and inhumane treatment.
SEC. 545. EXTENSION OF THE IMPLEMENTATION DEADLINE FOR
THE WESTERN HEMISPHERE TRAVEL INITIATIVE. Subparagraph (A)
of section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 note) is
amended by striking ‘‘This plan shall be implemented not later
than 3 months after the Secretary of State and the Secretary of
Homeland Security make the certifications required in subsection
(B), or June 1, 2009, whichever is earlier.’’ and inserting ‘‘Such
plan may not be implemented earlier than the date that is the later
of 3 months after the Secretary of State and the Secretary of
Homeland Security make the certification required in subparagraph (B) or June 1, 2009.’’.
SEC. 546. None of the funds provided in this Act shall be available to carry out section 872 of Public Law 107–296.
SEC. 547. None of the funds provided in this Act under the heading ‘‘Office of the Chief Information Officer’’ shall be used for data
center development other than for the National Center for Critical
Information Processing and Storage until the Chief Information Officer certifies that the National Center for Critical Information
Processing and Storage is fully utilized, to the maximum extent

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feasible, as the Department’s primary data storage center at the
highest capacity throughout the fiscal year.
SEC. 548. None of the funds in this Act shall be used to reduce
the United States Coast Guard’s Operations Systems Center mission or its government-employed or contract staff levels.
SEC. 549. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel
Documentation Center.
SEC. 550. (a) Notwithstanding section 503 of this Act, up to
$24,000,000 from prior year balances currently available to the
Transportation Security Administration may be transferred to
‘‘Transportation Threat Assessment and Credentialing’’ for the Secure Flight program.
(b) In carrying out the transfer authority under subsection (a),
the Transportation Security Administration shall not utilize any
prior year balances from the following programs: screener partnership program; explosives detection system purchase; explosives detection system installation; checkpoint support; aviation regulation
and other enforcement; air cargo; and air cargo research and development: Provided, That any funds proposed to be transferred under
this section shall not be available for obligation until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure for such funds
that is submitted by the Secretary of Homeland Security: Provided
further, That the plan shall be submitted simultaneously to the
Government Accountability Office for review consistent with its ongoing assessment of the Secure Flight Program as mandated by
section 522(a) of Public Law 108–334 (118 Stat. 1319).
SEC. 551. RESCISSIONS. (a) The following unobligated balances
made available pursuant to section 505 of Public Law 109–295 are
rescinded: $2,003,441 from U.S. Customs and Border Protection
‘‘Salaries and Expenses’’; $9,583,611 from Coast Guard ‘‘Operating
Expenses’’; $672,230 from ‘‘United States Citizenship and Immigration Services’’; $2,790,513 from Federal Emergency Management
Agency ‘‘Management and Administration’’; $127,994 from Federal
Emergency Management Agency ‘‘Disaster Assistance Direct Loan
Program Account’’; $5,136,819 from U.S. Immigration and Customs
Enforcement ‘‘Salaries and Expenses’’; $333,520 from Federal Law
Enforcement Training Center ‘‘Salaries and Expenses’’; $4,211,376
from the ‘‘Office of the Secretary and Executive Management’’;
$443,672 from the ‘‘Office of the Under Secretary for Management’’;
$380,166 from the ‘‘Office of the Chief Financial Officer’’; $493,106
from the ‘‘Office of the Chief Information Officer’’; $368,166 from
Domestic Nuclear Detection Office ‘‘Management and Administration’’; $45,369 from the ‘‘Office of Health Affairs’’; $32,299 from the
‘‘Office of Inspector General’’; $1,994,454 from National Protection
and Programs Directorate ‘‘Management and Administration’’; and
$216,727 from Science and Technology ‘‘Management and Administration’’.
(b) From the unobligated balances of funds transferred to the Department of Homeland Security when it was created in 2003,
$59,286,537 are rescinded: Provided, That the rescission made

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under this subsection shall not be executed from the following programs: Coast Guard Retired Pay; U.S. Immigration and Customs
Enforcement Violent Crime Reduction Program; Federal Law Enforcement Training Center Instructor Salaries; and Federal Emergency Management Agency National Security Support.
(c)
Of
the
amounts
available
under
the
heading
‘‘Counterterrorism Fund’’, $8,480,000 are rescinded.
(d) Of the unobligated balances available in the ‘‘Department of
Homeland Security, Transportation Security Administration Expenses’’ account, $4,500,000 are rescinded.
SEC. 552. Notwithstanding any other provision of law, the Secretary of Homeland Security shall, under the Federal Emergency
Management Agency Public Assistance Program, provide a single
payment for any eligible costs for local educational agencies impacted by Hurricanes Katrina or Rita within 30 days of such request: Provided, That the payment for schools in Louisiana shall be
submitted to the Louisiana Department of Education, which may
expend up to 3 percent of those funds for administrative costs: Provided further, That the Federal Emergency Management Agency
shall not reduce assistance in accordance with section 406(c)(1) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act for local educational agencies impacted by Hurricanes Katrina
or Rita: Provided further, That nothing in the previous proviso
shall be construed to alter the appeals or review process: Provided
further, That section 406(d) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act shall not apply to more than
one facility on a school site impacted by Hurricanes Katrina or
Rita.
SEC. 553. TECHNICAL CORRECTIONS. (a) IN GENERAL.—
(1) REDESIGNATIONS.—Chapter 27 of title 18, United States
Code, is amended by redesignating section 554 added by section 551(a) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1389) (relating to border tunnels and passages) as section 555.
(2) TABLE OF SECTIONS.—The table of sections for chapter 27
of title 18, United States Code, is amended by striking the item
relating to section 554, ‘‘Border tunnels and passages’’, and inserting the following:
‘‘555. Border tunnels and passages.’’.

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(b) CRIMINAL FORFEITURE.—Section 982(a)(6) of title 18, United
States Code, is amended by striking ‘‘554’’ and inserting ‘‘555’’.
(c) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.—Section 551(d) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1390) is
amended in paragraphs (1) and (2)(A) by striking ‘‘554’’ and inserting ‘‘555’’.
SEC. 554. Sections 2241, 2242, 2243, and 2244 of title 18, United
States Code, are each amended by striking ‘‘the Attorney General’’
each place that term appears and inserting ‘‘the head of any Federal department or agency’’.
SEC. 555. Not later than 30 days after the date of enactment of
this Act—

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(1) the Secretary of Homeland Security shall establish and
maintain on the homepage of the website of the Department of
Homeland Security, a direct link to the website of the Office
of Inspector General of the Department of Homeland Security;
and
(2) the Inspector General of the Department of Homeland Security shall establish and maintain on the homepage of the
website of the Office of Inspector General a direct link for individuals to anonymously report waste, fraud, or abuse.
SEC. 556. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide
award fees link such fees to successful acquisition outcomes (which
outcomes shall be specified in terms of cost, schedule, and performance).
SEC. 557. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for any new hires by the Department of Homeland Security
that are not verified through the basic pilot program required
under section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
SEC. 558. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within
the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that
complies with the Federal Food, Drug, and Cosmetic Act: Provided,
That this section shall apply only to individuals transporting on
their person a personal-use quantity of the prescription drug, not
to exceed a 90-day supply: Provided further, That the prescription
drug may not be—
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).
SEC. 559. None of the funds made available in this Act may be
used by the Secretary of Homeland Security or any delegate of the
Secretary to issue any rule or regulation which implements the Notice of Proposed Rulemaking related to Petitions for Aliens To Perform Temporary Nonagricultural Services or Labor (H–2B) set out
beginning on 70 Fed. Reg. 3984 (January 27, 2005).
SEC. 560. Notwithstanding any other provision of law,
Watsonville Community Hospital, or its successor trust, shall not
be required to pay the Federal Emergency Management Agency additional funds related to DR–845.
SEC. 561. Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide, under the Federal
Emergency Management Agency Public Assistance Program, the
relocation costs as estimated by the Federal Emergency Management Agency on May 5, 2006, for the Peebles School in Iberia Parish, Louisiana, which was damaged by Hurricane Rita in 2005.
SEC. 562. Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide, under the Federal
Emergency Management Agency Public Assistance Program, the
currently uncompensated debris removal costs from Super Typhoon

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Paka and the firefighting costs associated with the Malojloj hardfill
fire in 1998.
SEC. 563. SECURE HANDLING OF AMMONIUM NITRATE.—(a) IN
GENERAL.—Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by adding at the end the following:
‘‘Subtitle J—Secure Handling of Ammonium Nitrate
‘‘SEC. 899A. DEFINITIONS.

‘‘In this subtitle:
‘‘(1) AMMONIUM NITRATE.—The term ‘ammonium nitrate’
means—
‘‘(A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen by weight; and
‘‘(B) any mixture containing a percentage of ammonium
nitrate that is equal to or greater than the percentage determined by the Secretary under section 899B(b).
‘‘(2) AMMONIUM NITRATE FACILITY.—The term ‘ammonium nitrate facility’ means any entity that produces, sells or otherwise transfers ownership of, or provides application services for
ammonium nitrate.
‘‘(3) AMMONIUM NITRATE PURCHASER.—The term ‘ammonium
nitrate purchaser’ means any person who purchases ammonium nitrate from an ammonium nitrate facility.
‘‘SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.
‘‘(a) IN GENERAL.—The Secretary shall regulate the sale and

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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.

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‘‘(d) REGISTRATION OF AMMONIUM NITRATE PURCHASERS.—
‘‘(1) REGISTRATION.—The Secretary shall establish a process
by which any person that—
‘‘(A) intends to be an ammonium nitrate purchaser is required to register with the Department; and
‘‘(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle.
‘‘(2) REGISTRATION INFORMATION.—Any person applying to
register under paragraph (1) as an ammonium nitrate purchaser shall submit to the Secretary—
‘‘(A) the name, address, and telephone number of the applicant; and
‘‘(B) the intended use of ammonium nitrate to be purchased by the applicant.
‘‘(e) RECORDS.—
‘‘(1) MAINTENANCE OF RECORDS.—The owner of an ammonium nitrate facility shall—
‘‘(A) maintain a record of each sale or transfer of ammonium nitrate, during the two-year period beginning on the
date of that sale or transfer; and
‘‘(B) include in such record the information described in
paragraph (2).
‘‘(2) SPECIFIC INFORMATION REQUIRED.—For each sale or
transfer of ammonium nitrate, the owner of an ammonium nitrate facility shall—
‘‘(A) record the name, address, telephone number, and
registration number issued under subsection (c) or (d) of
each person that purchases ammonium nitrate, in a manner prescribed by the Secretary;
‘‘(B) if applicable, record the name, address, and telephone number of an agent acting on behalf of the person
described in subparagraph (A), at the point of sale;
‘‘(C) record the date and quantity of ammonium nitrate
sold or transferred; and
‘‘(D) verify the identity of the persons described in subparagraphs (A) and (B), as applicable, in accordance with
a procedure established by the Secretary.
‘‘(3) PROTECTION OF INFORMATION.—In maintaining records
in accordance with paragraph (1), the owner of an ammonium
nitrate facility shall take reasonable actions to ensure the protection of the information included in such records.
‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.—The Secretary may
exempt from this subtitle a person producing, selling, or purchasing ammonium nitrate exclusively for use in the production of
an explosive under a license or permit issued under chapter 40 of
title 18, United States Code.
‘‘(g) CONSULTATION.—In carrying out this section, the Secretary
shall consult with the Secretary of Agriculture, States, and appropriate private sector entities, to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened.
‘‘(h) DATA CONFIDENTIALITY.—
‘‘(1) IN GENERAL.—Notwithstanding section 552 of title 5,
United States Code, or the USA PATRIOT ACT (Public Law
107–56; 115 Stat. 272), and except as provided in paragraph

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(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.—

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‘‘(i) APPEALS PROCESS.—The Secretary shall establish an expedited appeals process for persons denied a
registration number under this subtitle.
‘‘(ii) TIME PERIOD FOR RESOLUTION.—The Secretary
shall, to the extent practicable, resolve appeals not
later than 72 hours after receiving a complete request
for appeal unless the Secretary determines, in the interest of national security, that additional time is necessary to resolve an appeal.
‘‘(B) CONSULTATION.—The Secretary, in developing the
appeals process under subparagraph (A), shall consult
with appropriate stakeholders.
‘‘(C) GUIDANCE.—The Secretary shall provide guidance
regarding the procedures and information required for an
appeal under subparagraph (A) to any person denied a registration number under this subtitle.
‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION.—
‘‘(A) IN GENERAL.—Any information constituting grounds
for denial of a registration number under this section shall
be maintained confidentially by the Secretary and may be
used only for making determinations under this section.
‘‘(B) SHARING OF INFORMATION.—Notwithstanding any
other provision of this subtitle, the Secretary may share
any such information with Federal, State, local, and tribal
law enforcement agencies, as appropriate.
‘‘(6) REGISTRATION INFORMATION.—
‘‘(A) AUTHORITY TO REQUIRE INFORMATION.—The Secretary may require a person applying for a registration
number under this subtitle to submit such information as
may be necessary to carry out the requirements of this section.
‘‘(B) REQUIREMENT TO UPDATE INFORMATION.—The Secretary may require persons issued a registration under
this subtitle to update registration information submitted
to the Secretary under this subtitle, as appropriate.
‘‘(7) RE-CHECKS AGAINST TERRORIST SCREENING DATABASE.—
‘‘(A) RE-CHECKS.—The Secretary shall, as appropriate,
recheck persons provided a registration number pursuant
to this subtitle against the terrorist screening database of
the Department, and may revoke such registration number
if the Secretary determines such person may pose a threat
to national security.
‘‘(B) NOTICE OF REVOCATION.—The Secretary shall, as
appropriate, provide prior notice to a person whose registration number is revoked under this section and such
person shall have an opportunity to appeal, as provided in
paragraph (4).
‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

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‘‘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

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misappropriation or use of ammonium nitrate in an act of terrorism.
‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS.
‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary—

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‘‘(1) may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department of
agriculture or its designee involved in agricultural regulation,
in consultation with the State agency responsible for homeland
security, to carry out the provisions of this subtitle; and
‘‘(2) wherever possible, shall seek to cooperate with State
agencies or their designees that oversee ammonium nitrate facility operations when seeking cooperative agreements to implement the registration and enforcement provisions of this
subtitle.
‘‘(b) DELEGATION.—
‘‘(1) AUTHORITY.—The Secretary may delegate to a State the
authority to assist the Secretary in the administration and enforcement of this subtitle.
‘‘(2) DELEGATION REQUIRED.—At the request of a Governor of
a State, the Secretary shall delegate to that State the authority to carry out functions under sections 899B and 899C, if the
Secretary determines that the State is capable of satisfactorily
carrying out such functions.
‘‘(3) FUNDING.—Subject to the availability of appropriations,
if the Secretary delegates functions to a State under this subsection, the Secretary shall provide to that State sufficient
funds to carry out the delegated functions.
‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MATERIALS TO
AMMONIUM NITRATE FACILITIES.—
‘‘(1) GUIDANCE.—The Secretary shall make available to each
owner of an ammonium nitrate facility registered under section
899B(c)(1) guidance on—
‘‘(A) the identification of suspicious ammonium nitrate
purchases or transfers or attempted purchases or transfers;
‘‘(B) the appropriate course of action to be taken by the
ammonium nitrate facility owner with respect to such a
purchase or transfer or attempted purchase or transfer, including—
‘‘(i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium nitrate; and
‘‘(ii) notifying appropriate law enforcement entities;
and
‘‘(C) additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate in
an act of terrorism.
‘‘(2) USE OF MATERIALS AND PROGRAMS.—In providing guidance under this subsection, the Secretary shall, to the extent
practicable, leverage any relevant materials and programs.
‘‘(3) NOTIFICATION MATERIALS.—
‘‘(A) IN GENERAL.—The Secretary shall make available
materials suitable for posting at locations where ammonium nitrate is sold.

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‘‘(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

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shall purchase ammonium nitrate from an ammonium nitrate facility unless such
person is registered under subsection (c) or (d) of section 899B,
or is an agent of a person registered under subsection (c) or (d)
of that section.
‘‘(2) TRANSFERRING POSSESSION.—An owner of an ammonium
nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or
(d) of section 899B, or to any agent acting on behalf of an ammonium nitrate purchaser when such purchaser is not registered under subsection (c) or (d) of section 899B.
‘‘(3) OTHER PROHIBITIONS.—No person shall—
‘‘(A) purchase ammonium nitrate without a registration
number required under subsection (c) or (d) of section
899B;
‘‘(B) own or operate an ammonium nitrate facility without a registration number required under section 899B(c);
or
‘‘(C) fail to comply with any requirement or violate any
other prohibition under this subtitle.
‘‘(b) CIVIL PENALTY.—A person that violates this subtitle may be
assessed a civil penalty by the Secretary of not more than $50,000
per violation.
‘‘(c) PENALTY CONSIDERATIONS.—In determining the amount of a
civil penalty under this section, the Secretary shall consider—
‘‘(1) the nature and circumstances of the violation;
‘‘(2) with respect to the person who commits the violation,
any history of prior violations, the ability to pay the penalty,
and any effect the penalty is likely to have on the ability of
such person to do business; and
‘‘(3) any other matter that the Secretary determines that justice requires.
‘‘(d) NOTICE AND OPPORTUNITY FOR A HEARING.—No civil penalty
may be assessed under this subtitle unless the person liable for the
penalty has been given notice and an opportunity for a hearing on

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the violation for which the penalty is to be assessed in the county,
parish, or incorporated city of residence of that person.
‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Paragraphs (1) and
(2) of subsection (a) shall apply on and after the date that is 6
months after the date that the Secretary issues a final rule implementing this subtitle.
‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY.
‘‘(a) IN GENERAL.—Notwithstanding any other

provision of law,
an owner of an ammonium nitrate facility that in good faith refuses
to sell or transfer ammonium nitrate to any person, or that in good
faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of
ammonium nitrate, based upon a reasonable belief that the person
seeking purchase or transfer of ammonium nitrate may use the
ammonium nitrate to create an explosive device to be employed in
an act of terrorism (as defined in section 3077 of title 18, United
States Code), or to use ammonium nitrate for any other unlawful
purpose, shall not be liable in any civil action relating to that refusal to sell ammonium nitrate or that disclosure.
‘‘(b) REASONABLE BELIEF.—A reasonable belief that a person may
use ammonium nitrate to create an explosive device to be employed
in an act of terrorism under subsection (a) may not solely be based
on the race, sex, national origin, creed, religion, status as a veteran, or status as a member of the Armed Forces of the United
States of that person.
‘‘SEC. 899H. PREEMPTION OF OTHER LAWS.
‘‘(a) OTHER FEDERAL REGULATIONS.—Except

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

‘‘SEC. 899I. DEADLINES FOR REGULATIONS.

‘‘The Secretary—
‘‘(1) shall issue a proposed rule implementing this subtitle
not later than 6 months after the date of the enactment of this
subtitle; and
‘‘(2) issue a final rule implementing this subtitle not later
than 1 year after such date of enactment.
‘‘SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

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‘‘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:

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‘‘Subtitle J—Secure Handling of Ammonium Nitrate
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

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

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SEC. 564. IMPROVEMENT OF BARRIERS AT BORDER. (a) Section 102
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1103 note) is amended—
(1) in subsection (a), by striking ‘‘Attorney General, in consultation with the Commissioner of Immigration and Naturalization,’’ and inserting ‘‘Secretary of Homeland Security’’;
and
(2) in subsection (b)—
(A) in the subsection heading, by striking ‘‘IN THE BORDER AREA’’ and inserting ‘‘ALONG THE BORDER’’;
(B) in paragraph (1)—
(i) in the heading, by striking ‘‘SECURITY FEATURES’’
and inserting ‘‘ADDITIONAL FENCING ALONG SOUTHWEST BORDER’’; and
(ii) by striking subparagraphs (A) through (C) and
inserting the following:
‘‘(A) REINFORCED FENCING.—In carrying out subsection
(a), the Secretary of Homeland Security shall construct reinforced fencing along not less than 700 miles of the southwest border where fencing would be most practical and effective and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain
operational control of the southwest border.
‘‘(B) PRIORITY AREAS.—In carrying out this section, the
Secretary of Homeland Security shall—
‘‘(i) identify the 370 miles, or other mileage determined by the Secretary, whose authority to determine
other mileage shall expire on December 31, 2008,
along the southwest border where fencing would be
most practical and effective in deterring smugglers
and aliens attempting to gain illegal entry into the
United States; and
‘‘(ii) not later than December 31, 2008, complete construction of reinforced fencing along the miles identified under clause (i).
‘‘(C) CONSULTATION.—
‘‘(i) IN GENERAL.—In carrying out this section, the
Secretary of Homeland Security shall consult with the
Secretary of the Interior, the Secretary of Agriculture,
States, local governments, Indian tribes, and property
owners in the United States to minimize the impact on
the environment, culture, commerce, and quality of life
for the communities and residents located near the
sites at which such fencing is to be constructed.

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‘‘(ii) SAVINGS PROVISION.—Nothing in this subparagraph may be construed to—
‘‘(I) create or negate any right of action for a
State, local government, or other person or entity
affected by this subsection; or
‘‘(II) affect the eminent domain laws of the
United States or of any State.
‘‘(D) LIMITATION ON REQUIREMENTS.—Notwithstanding
subparagraph (A), nothing in this paragraph shall require
the Secretary of Homeland Security to install fencing,
physical barriers, roads, lighting, cameras, and sensors in
a particular location along an international border of the
United States, if the Secretary determines that the use or
placement of such resources is not the most appropriate
means to achieve and maintain operational control over
the international border at such location.’’; and
(C) in paragraph (4), by striking ‘‘to carry out this subsection not to exceed $12,000,000’’ and inserting ‘‘such
sums as may be necessary to carry out this subsection’’.
(b) No funds appropriated in this Act for U.S. Customs and Border Protection ‘‘Border Security Fencing, Infrastructure, and Technology’’ may be obligated unless the Secretary of Homeland Security has complied with section 102(b)(2)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) as amended by subsection (a)(2).
SEC. 565. INTERNATIONAL REGISTERED TRAVELER PROGRAM. Section 7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows:
‘‘(3) INTERNATIONAL REGISTERED TRAVELER PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary of Homeland Security
shall establish an international registered traveler program that incorporates available technologies, such as biometrics and e-passports, and security threat assessments
to expedite the screening and processing of international
travelers, including United States Citizens and residents,
who enter and exit the United States. The program shall
be coordinated with the United States Visitor and Immigrant Status Indicator Technology program, other prescreening initiatives, and the Visa Waiver Program.
‘‘(B) FEES.—The Secretary may impose a fee for the program established under subparagraph (A) and may modify
such fee from time to time. The fee may not exceed the aggregate costs associated with the program and shall be
credited to the Department of Homeland Security for purposes of carrying out the program. Amounts so credited
shall remain available until expended.
‘‘(C) RULEMAKING.—Within 365 days after the date of enactment of this paragraph, the Secretary shall initiate a
rulemaking to establish the program, criteria for participation, and the fee for the program.
‘‘(D) IMPLEMENTATION.—Not later than 2 years after the
date of enactment of this paragraph, the Secretary shall
establish a phased-implementation of a biometric-based

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international registered traveler program in conjunction
with the United States Visitor and Immigrant Status Indicator Technology entry and exit system, other pre-screening initiatives, and the Visa Waiver Program at United
States airports with the highest volume of international
travelers.
‘‘(E) PARTICIPATION.—The Secretary shall ensure that
the international registered traveler program includes as
many participants as practicable by—
‘‘(i) establishing a reasonable cost of enrollment;
‘‘(ii) making program enrollment convenient and
easily accessible; and
‘‘(iii) providing applicants with clear and consistent
eligibility guidelines.’’.
SEC. 566. SHARED BORDER MANAGEMENT. (a) STUDY.—The Comptroller General of the United States shall conduct a study on the
Department of Homeland Security’s use of shared border management to secure the international borders of the United States.
(b) REPORT.—The Comptroller General shall submit a report to
Congress that describes—
(1) any negotiations, plans, or designs conducted by officials
of the Department of Homeland Security regarding the practice
of shared border management; and
(2) the factors required to be in place for shared border management to be successful.
SEC. 567. None of the funds made available in this Act may be
used for planning, testing, piloting, or developing a national identification card.
SEC. 568. TRANSPORTATION SECURITY ADMINISTRATION ACQUISITION MANAGEMENT POLICY. (a) IN GENERAL.—Section 114 of title
49, United States Code, is amended by striking subsection (o) and
redesignating subsections (p) through (t) as subsections (o) through
(s), respectively.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of this Act.
SEC. 569. (a) Notwithstanding any other provision of this Act, except as provided in subsection (b), and 30 days after the date that
the President determines whether to declare a major disaster because of an event and any appeal is completed, the Administrator
shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security
of the House of Representatives, the Committee on Transportation
and Infrastructure of the House of Representatives, the Committees on Appropriations of the Senate and the House of Representatives, and publish on the website of the Federal Emergency Management Agency, a report regarding that decision, which shall summarize damage assessment information used to determine whether
to declare a major disaster.
(b) The Administrator may redact from a report under subsection
(a) any data that the Administrator determines would compromise
national security.
(c) In this section—
(1) the term ‘‘Administrator’’ means the Administrator of the
Federal Emergency Management Agency; and

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1012
(2) the term ‘‘major disaster’’ has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
SEC. 570. If the Secretary of Homeland Security establishes a
National Transportation Security Center of Excellence to conduct
research and education activities, and to develop or provide professional security training, including the training of transportation
employees and transportation professionals, the Mineta Transportation Institute at San Jose State University may be included as
a member institution of such Center.
SEC. 571. Effective no later than ninety days after the date of enactment of this Act, the Transportation Security Administration
shall permit approved members of Registered Traveler programs to
satisfy fully the required identity verification procedures at security screening checkpoints by presenting a biometrically-secure
Registered Traveler card in lieu of the government-issued photo
identification document required of non-participants: Provided,
That if their identity is not confirmed biometrically, the standard
identity and screening procedures will apply: Provided further,
That if the Assistant Secretary (Transportation Security Administration) determines this is a threat to civil aviation, then the Assistant Secretary (Transportation Security Administration) shall
notify the Committees on Appropriations of the Senate and House
of Representatives five days in advance of such determination and
require Registered Travelers to present government-issued photo
identification documents in conjunction with a biometrically-secure
Registered Traveler card.
SEC. 572. Section 831(a) of the Homeland Security Act of 2002
(6 U.S.C. 391(a)) is amended by striking ‘‘During the 5-year period
following the effective date of this Act’’ and inserting ‘‘Until September 30, 2008’’.
SEC. 573. (a) RESCISSION.—Of amounts previously made available
from the Federal Emergency Management Agency ‘‘Disaster Relief’’
to the State of Mississippi pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c) for Hurricane Katrina, $20,000,000 are rescinded.
(b) APPROPRIATION.—For Federal Emergency Management Agency ‘‘State and Local Programs’’, there is appropriated an additional
$20,000,000, to remain available until expended, for a grant to the
State of Mississippi for an interoperable communications system
required in the aftermath of Hurricane Katrina: Provided, That
this entire amount is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
TITLE VI
BORDER INFRASTRUCTURE AND TECHNOLOGY
MODERNIZATION

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SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Border Infrastructure and Technology Modernization Act of 2007’’.
SEC. 602. DEFINITIONS.—In this title:

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(1) COMMISSIONER.—The term ‘‘Commissioner’’ means the
Commissioner of U.S. Customs and Border Protection of the
Department of Homeland Security.
(2) MAQUILADORA.—The term ‘‘maquiladora’’ means an entity
located in Mexico that assembles and produces goods from imported parts for export to the United States.
(3) NORTHERN BORDER.—The term ‘‘northern border’’ means
the international border between the United States and Canada.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Department of Homeland Security.
(5) SOUTHERN BORDER.—The term ‘‘southern border’’ means
the international border between the United States and Mexico.
SEC. 603. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT
STUDY.—(a) REQUIREMENT TO UPDATE.—Not later than January 31
of every other year, the Commissioner, in consultation with the Administrator of General Services shall—
(1) review—
(A) the Port of Entry Infrastructure Assessment Study
prepared by the United States Customs Service, the Immigration and Naturalization Service, and the General Services Administration in accordance with the matter relating
to the ports of entry infrastructure assessment set forth in
the joint explanatory statement on page 67 of conference
report 106–319, accompanying Public Law 106–58; and
(B) the nationwide strategy to prioritize and address the
infrastructure needs at the land ports of entry prepared by
the Department of Homeland Security and the General
Services Administration in accordance with the committee
recommendations on page 22 of Senate report 108–86, accompanying Public Law 108–90;
(2) update the assessment of the infrastructure needs of all
United States land ports of entry; and
(3) submit an updated assessment of land port of entry infrastructure needs to the Committees on Appropriations of the
Senate and the House of Representatives, the Senate Committee on Environment and Public Works, the Senate Committee on Homeland Security and Governmental Affairs, the
House Committee on Transportation and Infrastructure, and
the House Committee on Homeland Security.
(b) CONSULTATION.—In preparing the updated studies required
under subsection (a), the Commissioner and the Administrator of
General Services shall consult with the Director of the Office of
Management and Budget, the Secretary, and affected State and
local agencies on the northern and southern borders of the United
States.
(c) CONTENT.—Each updated study required in subsection (a)
shall—
(1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land Border Security Plan required by section 604; and

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(3) prioritize the projects described in paragraphs (1) and (2)
based on the ability of a project—
(A) to enhance the ability of U.S. Customs and Border
Protection to achieve its mission and to support operations;
(B) to fulfill security requirements; and
(C) facilitate trade across the borders of the United
States.
(d) PROJECT IMPLEMENTATION.—The Commissioner, as appropriate, shall—
(1) implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority
assigned to each project under subsection (c)(3); or
(2) forward the prioritized list of infrastructure and technology improvement projects to the Administrator of General
Services for implementation in the order of priority assigned to
each project under subsection (c)(3).
(e) DIVERGENCE FROM PRIORITIES.—The Commissioner may diverge from the priority order if the Commissioner determines that
significantly changed circumstances, including immediate security
needs, changes in infrastructure in Mexico or Canada, or similar
concerns, compellingly alter the need for a project in the United
States.
SEC. 604. NATIONAL LAND BORDER SECURITY PLAN. (a) REQUIREMENT FOR PLAN.—Not later than January 31 of every other year,
the Secretary, acting through the Commissioner, shall prepare a
National Land Border Security Plan and submit such plan to the
Committees on Appropriations of the Senate and the House of Representatives, the Senate Committee on Environment and Public
Works, the Senate Committee on Homeland Security and Governmental Affairs, the Senate Committee on the Judiciary, the House
Committee on Transportation and Infrastructure, the House Committee on Homeland Security, and the House Committee on the Judiciary.
(b) CONSULTATION.—In preparing the plan required under subsection (a), the Commissioner shall consult with other appropriate
Federal agencies, State and local law enforcement agencies, and
private entities that are involved in international trade across the
northern or southern border.
(c) VULNERABILITY ASSESSMENT.—
(1) IN GENERAL.—The plan required under subsection (a)
shall include a vulnerability, risk, and threat assessment of
each port of entry located on the northern border or the southern border.
(2) PORT SECURITY COORDINATORS.—The Secretary, acting
through the Commissioner, may establish one or more port security coordinators at each port of entry located on the northern border or the southern border—
(A) to assist in conducting a vulnerability assessment at
such port; and
(B) to provide other assistance with the preparation of
the plan required under subsection (a).
(d) COORDINATION WITH THE SECURE BORDER INITIATIVE.—The
plan required under subsection (a) shall include a description of activities undertaken during the previous year as part of the Secure

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Border Initiative and actions planned for the coming year as part
of the Secure Border Initiative.
SEC. 605. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM. (a) ESTABLISHMENT.—The Secretary, acting through the
Commissioner, shall carry out a technology demonstration program
to test and evaluate new port of entry technologies, refine port of
entry technologies and operational concepts, and train personnel
under realistic conditions.
(b) TECHNOLOGY TESTED.—Under the demonstration program,
the Commissioner shall test technologies that enhance port of entry
operations, including those related to inspections, communications,
port tracking, identification of persons and cargo, sensory devices,
personal detection, decision support, and the detection and identification of weapons of mass destruction.
(c) DEMONSTRATION SITES.—
(1) NUMBER.—The Commissioner shall carry out the demonstration program at not less than three sites and not more
than five sites.
(2) LOCATION.—Of the sites selected under subsection (c)—
(A) at least one shall be located on the northern border
of the United States; and
(B) at least one shall be located on the southern border
of the United States.
(3) SELECTION CRITERIA.—To ensure that one of the facilities
selected as a port of entry demonstration site for the demonstration program has the most up-to-date design, contains
sufficient space to conduct the demonstration program, has a
traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and
can efficiently carry out demonstration and port of entry operations, one port of entry selected as a demonstration site
may—
(A) have been established not more than 15 years before
the date of the enactment of this Act;
(B) consist of not less than 65 acres, with the possibility
of expansion onto not less than 25 adjacent acres; and
(C) have serviced an average of not more than 50,000 vehicles per month during the 12 months preceding the date
of the enactment of this Act.
(d) RELATIONSHIP WITH OTHER AGENCIES.—The Secretary, acting
through the Commissioner, shall permit personnel from appropriate Federal agencies to utilize a demonstration site described in
subsection (c) to test technologies that enhance port of entry operations, including those related to inspections, communications, port
tracking, identification of persons and cargo, sensory devices, personal detection, decision support, and the detection and identification of weapons of mass destruction.
(e) REPORT.—
(1) REQUIREMENT.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, the Senate Committee on Environment and Public Works, the Senate Committee on Homeland Security and Governmental Affairs, the

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House Committee on Transportation and Infrastructure, and
the House Committee on Homeland Security a report on the
activities carried out at each demonstration site under the
technology demonstration program established under this section.
(2) CONTENT.—The report shall include an assessment by the
Commissioner of the feasibility of incorporating any demonstrated technology for use throughout U.S. Customs and
Border Protection.
SEC. 606. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—
In addition to any funds otherwise available, there are authorized
to be appropriated such sums as may be necessary to carry out this
title for fiscal years 2009 through 2013.
(b) INTERNATIONAL AGREEMENTS.—Funds authorized to be appropriated under this title may be used for the implementation of
projects described in the Declaration on Embracing Technology and
Cooperation to Promote the Secure and Efficient Flow of People
and Commerce across our Shared Border between the United
States and Mexico, agreed to March 22, 2002, Monterrey, Mexico
(commonly known as the Border Partnership Action Plan) or the
Smart Border Declaration between the United States and Canada,
agreed to December 12, 2001, Ottawa, Canada that are consistent
with the provisions of this title.
This division may be cited as the ‘‘Department of Homeland Security Appropriations Act, 2008’’.
[CLERK’S NOTE: Reproduced below is the material relating to division E contained in the ‘‘Explanatory Statement Submitted by Mr.
Obey, Chairman of the House Committee on Appropriations, Regarding the Consolidated Appropriations Amendment of the House
of Representatives to the Senate Amendment to H.R. 2764’’.1
The amendment discussed in the Explanatory Statement was
agreed to without change by both the House of Representatives and
the Senate. Therefore, the ‘‘amended bill’’ referred to in the Statement is the same as the legislation that has been signed into law.
Section 4 of the Consolidated Appropriations Act provides that
this Explanatory Statement ’shall have the same effect with respect
to the allocation of funds and implementation of divisions A
through K of this Act as if it were a joint explanatory statement of
a committee of conference’’.]
EXPLANATORY STATEMENT, DIVISION E
DIVISION E—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2008
The following is an explanation of the effects of this division on
the House amendment to the Senate amendment to H.R. 2764
(hereafter referred to as ‘‘the amended bill’’) relative to the versions
of the Department of Homeland Security Appropriations Act, 2008
(H.R. 2638 and S. 1644) passed by the House of Representatives

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1 This Explanatory Statement was submitted for printing in the Congressional Record on December 17, 2007, prior to House consideration of the Consolidated Appropriations amendment
and as directed by the House of Representatives in section 3 of H. Res. 869. The Statement appears in books II and III of the December 17 Congressional Record, with the division E portion
beginning on page H16078 of book II.

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1017
and the Senate. The language and allocations contained in House
Report 110–181 and Senate Report 110–84 should be complied with
unless specifically addressed to the contrary in the amended bill or
this explanatory statement. When this explanatory statement refers to the Committees on Appropriations, unless otherwise noted,
this reference is to the House Subcommittee on Homeland Security
and the Senate Subcommittee on Homeland Security.
While repeating some report language for emphasis, this explanatory statement does not intend to negate the language referred to
above unless expressly provided herein. In cases where both the
House and Senate reports address a particular issue not specifically addressed in the amended bill or explanatory statement, the
Committees on Appropriations have determined the House report
and the Senate report are not inconsistent and are to be interpreted accordingly.
In cases where the House or Senate report directs the submission
of a report, such report is to be submitted to both Committees on
Appropriations. In a number of instances, House Report 110–181
and Senate Report 110–84 direct agencies to report to the Committees by specific dates. In those instances, and unless alternative
dates are provided in the explanatory statement, agencies are directed to provide these reports to the Committees on Appropriations no later than five months after the date of enactment of this
Act. Further, the Committees on Appropriations have attempted to
reduce the number of reports required of the Department and in
certain instances in lieu of reports have requested briefings. Unless
alternative dates are provided in the explanatory statement, agencies are directed to provide these briefings within four months after
the date of enactment of this Act.
Last, this explanatory statement refers to the following laws as
follows: Implementing Recommendations of the 9/11 Commission
Act of 2007, Public Law 110–53, is referenced as the 9/11 Act; Security and Accountability for Every Port Act of 2006, Public Law
109–347, is referenced as the SAFE Port Act; and the Intelligence
Reform and Terrorism Prevention Act of 2004, Public Law 108–
458, is referenced as the Intelligence Reform Act.
CLASSIFIED PROGRAMS

Recommended adjustments to classified programs are addressed
in a classified annex accompanying this explanatory statement.
TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE

OF THE

SECRETARY

AND

EXECUTIVE MANAGEMENT

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The amended bill provides $97,353,000 for the Office of the Secretary and Executive Management instead of $85,172,000 as proposed by the House and $100,000,000 as proposed by the Senate.
A total of $15,000,000 of this amount is unavailable for obligation
until the Secretary certifies that DHS has revised Departmental
guidance with respect to relations with the Government Accountability Office (GAO) and the Inspector General (IG), similar to bill
language proposed by the Senate. The amended bill also limits obligations to seventy-five percent of the amount appropriated until receipt of the first report on progress to improve and modernize ef-

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forts to remove criminal aliens judged deportable from the United
States.
Reductions are made to the budget request due to a large number of vacancies and unobligated balances within certain offices.
Funding shall be allocated as follows:
Immediate Office of the Secretary ........................................................
Immediate Office of the Deputy Secretary ..........................................
Chief of Staff ..........................................................................................
Office of Counternarcotics Enforcement ..............................................
Executive Secretary ...............................................................................
Office of Policy .......................................................................................
Office of Public Affairs ..........................................................................
Office of Legislative and Intergovernmental Affairs ..........................
Office of General Counsel ......................................................................
Office of Civil Rights and Liberties ......................................................
Citizenship and Immigration Services Ombudsman ..........................
Privacy Officer .......................................................................................

$2,540,000
1,122,000
2,639,000
2,680,000
4,722,000
33,000,000
6,650,000
4,900,000
13,500,000
14,200,000
5,900,000
5,500,000

Total .................................................................................................

$97,353,000

OFFICE

OF

COUNTERNARCOTICS ENFORCEMENT

The Committees on Appropriations provide $2,680,000 for the Office of Counternarcotics Enforcement, instead of $3,000,000 as proposed by the House and $2,360,000 as proposed by the Senate. The
Office of Counternarcotics Enforcement is directed to provide a
briefing to the Committees on Appropriations on: (1) fiscal year
2007 achievements, including tracking and severing connections between illegal drug trafficking and terrorism; (2) the DHS counternarcotics strategy for the Southwest, Northern, and maritime borders of the United States and for the drug transit zone, to include
objectives, coordination, outreach, and resources necessary for each
DHS component to implement the strategy; and (3) Office performance goals for fiscal year 2008.
OFFICE

OF

POLICY

The Committees on Appropriations provide $33,000,000 for the
Office of Policy instead of $32,500,000 as proposed by the House
and $31,310,000 as proposed by the Senate. Within this amount,
funding is provided for the Committee on Foreign Investments in
the United States and REAL ID enhancements, and for the quadrennial homeland security review. No funding is provided for REAL
ID ‘‘card stock’’ or common procurement items. The Office of Policy
is directed to submit an expenditure plan to the Committees on Appropriations within 45 days from the date of enactment of this Act
as detailed in the Senate report. The Office of Policy is also directed to provide a briefing to the Committees on Appropriations
no later than 45 days after the date of enactment of this Act on
plans to comply with Section 2401 of the 9/11 Act, including staffing and budget requirements.
SECURE BORDER COORDINATION OFFICE

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No funding is provided for the Secure Border Coordination Office,
consistent with the budget amendment submitted on November 6,
2007. Oversight of this office is funded within U.S. Customs and
Border Protection (CBP). Both the House and Senate funded this

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1019
office at $4,500,000. The Committees on Appropriations are concerned with the Department’s decision to manage the Secure Border Initiative (SBI) within CBP rather than establish a Departmental level coordinating office, as proposed by DHS in fiscal year
2007. A cross-cutting effort such as the SBI, which spans not only
multiple agencies within DHS, but other cabinet-level Departments
and the Judicial Branch, cannot be effectively coordinated within
an operational agency. These concerns are amplified by the fact
that CBP’s SBI program office is also charged with managing the
multi-billion dollar border security fencing, infrastructure, and
technology (BSFIT) program, which demands significant and focused managerial attention that should not be dually charged with
external coordination of all SBI efforts. DHS is directed to brief the
Committees on Appropriations no later than 120 days after the
date of enactment of this Act on how the SBI effort is being effectively coordinated across the federal government, including specific
details on how funds appropriated to the Secure Border Coordination Office in fiscal year 2007 were obligated and the Department’s
plans to establish and staff the Department level Secure Border
Coordination Council. It is essential the Secure Border Coordination Council receive strong, consistent leadership from the Office of
the Secretary.
OFFICE

OF

PUBLIC AFFAIRS

The Committees on Appropriations provide $6,650,000 for the Office of Public Affairs, instead of $6,300,000 as proposed by the
House and $7,400,000 as proposed by the Senate. Within this
amount, $1,500,000 is provided for the ‘‘Ready.gov’’ program. The
office is directed to provide a briefing within 60 days after the date
of enactment of this Act on its plans for expending these funds.
OFFICE

OF

GENERAL COUNSEL

The Committees on Appropriations provide $13,500,000 for the
Office of General Counsel, instead of $14,000,000 as proposed by
the House and $12,759,000 as proposed by the Senate. This office
has a number of critical requirements that must be fulfilled during
the coming year, including those established in the 9/11 Act and
SAFE Port Act. The Committees on Appropriations understand
that the General Counsel is working on a reorganization whereby
the legal staff responsible for the ongoing work of specific DHS entities will be transferred to those entities. The Department is directed to submit a reprogramming to detail fully this proposal. It
is essential that this office improve its performance in providing accurate and timely guidance on the execution of appropriations law.
PRIVACY OFFICER

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The Committees on Appropriations provide $5,500,000 for the
Privacy Office instead of $6,000,000 as proposed by the House and
$5,111,000 as proposed by the Senate. Funding is provided for additional staffing of this office, given that this office has wide-ranging critical responsibilities that are currently understaffed. GAO is
directed to evaluate the operation of DHS’ Freedom of Information
Act (FOIA) program, its staffing levels, and the adequacy of its re-

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sources to determine if the program can be operated in a more efficient and cost-effective manner at the Department. The Senate report requested that the IG conduct this evaluation, but the Committees on Appropriations believe a GAO evaluation is more appropriate to allow DHS’ FOIA program to be compared with other executive branch agency FOIA programs.
COMPARATIVE BORDER CONTROL RESOURCES
The Committees on Appropriations agree with the House report
directing a report on the number, type and location of DHS facilities, personnel, major assets and technology based or deployed
within 100 miles of the United States border with Mexico and Canada. This report is to be provided to the Committees on Appropriations by January 31, 2008. In addition, the Secretary is directed to
conduct a study of law enforcement radio communications along
the international borders of the United States consistent with the
terms and conditions listed in section 569 of the Senate bill.
2010 VANCOUVER GAMES SECURITY
The Committees on Appropriations expect the Department to effectively manage security risks associated with the 2010 Vancouver
Olympic and Paralympic Games, and direct the Secretary to submit
a report as described in section 552 of the Senate bill to the House
and Senate Committees listed in that section.
CITIZENSHIP

AND IMMIGRATION

SERVICES OMBUDSMAN

The Committees on Appropriations provide $5,900,000 for the
Citizenship and Immigration Services Ombudsman instead of
$6,060,000 as proposed by the House and $6,054,000 as proposed
by the Senate. This office lapsed over $1,800,000 in fiscal year
2007, almost one-third of its budget. The Secretary is directed to
ensure that this critical office is given the priority it deserves so
that all appropriated funding can be effectively obligated in the
coming fiscal year.
OFFICE

OF THE

UNDER SECRETARY

FOR

MANAGEMENT

The amended bill provides $150,238,000 instead of $237,765,000
as proposed by the House and $234,883,000 as proposed by the
Senate. The amended bill does not include the $245,525,000 in unspecified reductions contained in the House bill. The amended bill
also does not include House bill language withholding funding for
the Departmental headquarters project on the Saint Elizabeth’s
campus until the Department submits certain reports, including
detailed expenditure plans for checkpoint and explosives detection
technologies. Instead, funding is withheld within the Transportation Security Administration (TSA) until checkpoint support and
explosives detection system expenditure plans, as well as the final
strategic plan for checkpoint technologies, are delivered to the
Committees on Appropriations. Reductions are made to the budget
request due to a large number of vacancies and unobligated balances within certain offices. Funding shall be allocated as follows:
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Under Secretary for Management ........................................................

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Office of Security ...................................................................................
Office of the Chief Procurement Officer ...............................................
Office of the Chief Human Capital Officer ..........................................
Human Resources ..................................................................................
MAX–HR ................................................................................................
Office of the Chief Administrative Officer ...........................................
Nebraska Avenue Complex Facilities ..................................................

53,490,000
28,495,000
8,811,000
10,000,000
0
41,430,000
6,000,000

Total .................................................................................................

$150,238,000

UNDER SECRETARY

FOR

MANAGEMENT

No funding is included in the Under Secretary appropriation for
the Federal Law Enforcement Training Accreditation Board, as requested in the budget. This activity is funded within the Federal
Law Enforcement Training Center (FLETC) salaries and expenses
account. The Under Secretary is directed to provide an expenditure
plan briefing to the Committees on Appropriations regarding the
Under Secretary for Management’s appropriation.
OFFICE

OF

SECURITY

The Committees on Appropriations provide $53,490,000 for the
Office of Security instead of $52,990,000 as proposed by the House
and $53,990,000 as proposed by the Senate. Funding is provided for
fusion center activities as proposed by the Senate.
OFFICE

OF THE

CHIEF PROCUREMENT OFFICER

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The Committees on Appropriations provide $28,495,000 for the
Office of the Chief Procurement Officer (OCPO) as proposed by the
Senate instead of $27,055,000 as proposed by the House. The
Under Secretary is directed to provide a briefing to the Committees
on Appropriations on its use of the hiring authority provided in PL
109–313 as detailed in the Senate report.
The investment review function, totaling $700,000 and four fulltime equivalents (FTEs), is transferred from the Office of the Chief
Financial Officer (OCFO) to the OCPO as requested recently by the
Department. The OCFO will continue to provide fiscal analysis to
the OCPO regarding budget formulation and execution for major
investments. Given the size, cost, and complexity of the major procurements across the Department and the often overlapping and
integrated needs of Departmental agencies, the Investment Review
Board (IRB) must exercise strong leadership in the Department’s
acquisition process. To date the effectiveness of the IRB has not
been readily apparent and it is unclear how DHS effectively formulates and executes acquisition strategies to meet joint mission requirements. The Chief Procurement Officer is directed to brief the
Committees on Appropriations on how these concerns are being addressed. In addition the Secretary is directed to report on the authority of the OCPO and adequacy of staffing as detailed in the
Senate report. No later than 90 days after the Secretary submits
the report to the Committees on Appropriations, GAO shall provide
an assessment of the report.

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1022
OFFICE

OF THE

CHIEF HUMAN CAPITAL OFFICER

The Committees on Appropriations provide $18,811,000 for the
Office of the Chief Human Capital Officer instead of $13,278,000
as proposed by the House and $13,811,000 as proposed by the Senate. No funding is provided for MAX–HR or any follow-on personnel system. Instead, $10,000,000 is provided to address the Department’s dismal results in the 2006 Federal Human Capital Survey. The Department is directed to ensure that these funds are
spent on programs that directly address the shortcomings identified in this survey or in a subsequent DHS survey that the Department plans to conduct. Such programs may include the planned
DHS survey, gap analysis of mission critical occupations, hiring
and retention strategies, robust diversity programs, and Department-wide education and training initiatives. The Secretary is required to submit an expenditure plan for these funds prior to obligation.
NEBRASKA AVENUE COMPLEX FACILITIES
The Committees on Appropriations provide $6,000,000 for facilities costs at the Nebraska Avenue Complex (NAC), instead of
$101,000,000 proposed by the House and $94,000,000 as proposed
by the Senate for both the Nebraska Avenue Complex and the consolidated headquarters project. The Under Secretary is directed to
submit an expenditure plan on the expected uses of these funds
within 30 days after the date of enactment of this Act. The Committees on Appropriations agree with the House report directing
the Chief Administrative Officer to minimize investment in the
NAC since it will be replaced with a new headquarters campus.
The Department is directed to make only those investments absolutely necessary to address pressing operational problems at the
NAC. The Department is also directed to submit NAC reports semiannually, as detailed in the Senate report, and further directed
that these reports reflect both changes to scheduled projects and
activities accomplished. DHS and the Coast Guard are directed to
plan a headquarters facility that balances growth and cost as detailed in the House report. DHS is also directed to provide quarterly briefings to the Committees on Appropriations on the headquarters project as detailed in the Senate report.
OFFICE

OF THE

CHIEF FINANCIAL OFFICER

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The amended bill provides $31,300,000 instead of $30,500,000 as
proposed by the House and $30,076,000 as proposed by the Senate.
The Committees on Appropriations expect the Secretary and Under
Secretary for Management to correct problems related to the lack
of timely information from the Department as directed in the
House report. The Committees on Appropriations agree with the
House report regarding the small benefit that has been derived
from the appropriations liaison function. The Committees on Appropriations direct the Chief Financial Officer to ensure that communications from CFO employees to the Committees are timely, accurate and thorough. Funding for the Resource Management
Transformation Office is provided as proposed by the House instead
of through unobligated e-Merge 2 balances as proposed by the Sen-

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1023
ate. The CFO is directed to provide the Committees on Appropriations a briefing on the detail of past representation fund expenditures throughout the Department.
ANNUAL APPROPRIATIONS JUSTIFICATIONS
The CFO is directed to submit all of its fiscal year 2009 budget
justifications (classified and unclassified) concurrent with the submission of the President’s budget request and at the level of detail
specified in the House and Senate reports. In addition, the annual
appropriations justifications should include explicit information by
appropriations account, program, project, and activity on all reimbursable agreements and uses of the Economy Act exceeding
$50,000; a listing of overdue Committee reports; and a detailed
table identifying the last year authorizing legislation was provided
by Congress for each appropriation account, the amount of the authorization, and the appropriation in the last year of the authorization.
REPROGRAMMING REQUIREMENTS
The amended bill continues and modifies a provision regarding
reprogramming of funds. The following have been added to the Department’s reprogramming requirements: creation of a new program, project or activity; elimination of an office; and, contracting
out any function or activity for which funds were requested for
Federal employees.
CONTRACT

AND

GRANT NOTIFICATION REQUIREMENTS

The amended bill continues and modifies a provision regarding
contract and grant notification requirements. Information within
the notification shall include amount of the award, fiscal year in
which the funds were appropriated, and account from which the
funds were drawn.
OFFICE

OF THE

CHIEF INFORMATION OFFICER

The amended bill provides $295,200,000 for the Office of the
Chief Information Officer (CIO) instead of $258,621,000 as proposed by the House and $321,100,000 as proposed by the Senate.
Funding shall be allocated as follows:
Salaries and Expenses ...........................................................................
Information Technology (IT) Activities ................................................
Security Activities ..................................................................................
Homeland Secure Data Network ..........................................................

$81,000,000
56,200,000
124,900,000
33,100,000

Total .................................................................................................

295,200,000

CIO-LED INFORMATION TECHNOLOGY ACQUISITIONS

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The amended bill continues an existing requirement that the
CIO report on all IT acquisitions financed directly or managed by
the CIO.

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1024
INFORMATION TECHNOLOGY SECURITY
The CIO is directed to brief the Committees on Appropriations
on plans for improving IT security, and plans to improve compliance with the Federal Information Security Management Act scorecard, as proposed by the Senate.
COORDINATION

OF INFORMATION

TECHNOLOGY INVESTMENTS

The Committees on Appropriations note that the CIO now exercises significant authority to review and oversee the Department’s
major IT investments, and direct the CIO to provide a briefing on
the process in place to review these procurements, including a listing of all IT investments it plans to review in fiscal year 2008. For
each procurement to be reviewed, the briefing should include associated project information such as: the complete budget (including
all funding sources), the timelines for development and implementation, and annual and lifecycle costs. Within this briefing, the CIO
is also directed to discuss the steps taken to implement the key
practices recommended in the Government Accountability Office IT
Investment Management Framework.
INTEGRATED WIRELESS NETWORK
The Committees on Appropriations direct the CIO to limit involvement with the Integrated Wireless Program to only those activities it carries out with other similar agency-managed acquisition projects.
DATA CENTERS
The Committees on Appropriations provide $72,300,000 within
security activities for data center development, an increase of
$35,500,000 from the budget request level. The additional funds
are to be used for construction at the National Center for Critical
Information Processing and Storage (NCCIPS) for build out costs to
expand data storage capabilities, in accordance with the existing
agreement to provide 100,000 square feet of data center space.
The Congress has provided significant resources in this and previous appropriations bills for the consolidation of DHS data centers, both to improve operational efficiency and promote a standardized IT architecture at DHS. It is therefore disappointing to discover that the U.S. Secret Service data center will not be consolidated with other DHS operations, even though other Secret Service
projects require the agency to relocate its IT equipment and staff.
The Committees on Appropriations direct the CIO to review the location and future plans for every data center operated and managed by DHS agencies and components, and ensure that all future
data center relocation projects are first considered for consolidation.
The Department is directed to implement its data center consolidation plan in a manner consistent with section 888 of Public Law
107–296, as proposed by the Senate.
ENTERPRISE ARCHITECTURE

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The CIO is directed to provide the Committees on Appropriations
with a briefing on efforts planned and underway to make the De-

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1025
partment’s enterprise
ommended reforms.

architecture

ANALYSIS

AND

comport

with

GAO-rec-

OPERATIONS

(INCLUDING RESCISSION OF FUNDS)

The amended bill provides $306,000,000 for Analysis and Operations as proposed by the Senate and instead of $301,619,000 as
proposed by the House. Funding shall be allocated as discussed in
the classified annex to this explanatory statement.
NATIONAL IMMIGRATION INFORMATION SHARING OPERATION
NATIONAL APPLICATIONS OFFICE

AND

The amended bill includes a statutory restriction on the obligation of funds for operation of either the National Immigration Information Sharing Operation or the National Applications Office
until the Secretary certifies these programs comply with all existing laws, including all applicable privacy and civil liberties standards, with the certification reviewed by the Government Accountability Office. Further, the Under Secretary for Intelligence and
Analysis is required to submit the Standard Operating Procedure
documents for these programs to the Committees on Appropriations
no later than 60 days after the enactment of this Act.
INTELLIGENCE

AND

ANALYSIS EXPENDITURE PLAN

The Under Secretary for Intelligence and Analysis is directed to
provide the Committees on Appropriations an expenditure plan for
the Office of Intelligence and Analysis, as proposed by the Senate.
That report is to include an analysis of all new requirements enacted in the 9/11 Act, as well as the estimated costs and available
resources to implement those requirements in fiscal year 2008 and
subsequent fiscal years.
STATE

AND

LOCAL FUSION CENTERS

The Committees on Appropriations provide the Senate level of
funding for State and local fusion centers, instead of doubling the
requested amount as proposed by the House.
NATIONAL OPERATIONS CENTER

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The Committees on Appropriations do not require information
about the relocation of the National Operations Center (NOC),
since the reprogramming proposal to affect such a move was denied
by the House. The amended bill rescinds $8,700,000 in unobligated
balances from prior-year appropriations made for Analysis and Operations, which is an amount equal to the levels that had been proposed for reallocation to fund the NOC move. The Committees on
Appropriations encourage rotation of State and local fire service
representation at the National Operations Center, as proposed by
the Senate.

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1026
OFFICE

OF THE

FEDERAL COORDINATOR
REBUILDING

FOR

GULF COAST

The amended bill provides $2,700,000 for the Office of the Federal Coordinator for Gulf Coast Rebuilding (OFCGC) instead of
$3,000,000 as proposed by both the House and Senate. Funding is
reduced because the OFCGC lapsed $683,079 at the end of fiscal
year 2007. Within the funding provided, $1,000,000 is unavailable
for obligation until the Committees on Appropriations receive an
expenditure plan for fiscal year 2008 as detailed in the Senate report. The Department is directed to use the reprogramming authority contained in this Act if the office needs additional funding.
OFCGC is directed to provide quarterly briefings outlining
progress, factors delaying progress, and goals for rebuilding in the
Gulf Coast. The Committees on Appropriations are aware that the
OFCGC is working with the Department of Housing and Urban Development (HUD) and the Federal Emergency Management Agency
(FEMA) on the Disaster Housing Assistance Program. The Committees on Appropriations expect the program will lead to permanent housing solutions for those remaining in trailers and hotels,
and receiving rental assistance. OFCGC is expected to continue to
work with HUD and FEMA and focus on all HUD programs including Section 202, Section 811, and rental assistance.
OFFICE

OF INSPECTOR

GENERAL

The amended bill provides $92,711,000 for the Office of Inspector
General (IG) instead of $99,611,000 as proposed by the House and
$95,211,000 as proposed by the Senate. Included in this funding is
$1,200,000 to conduct U.S. Customs and Border Protection revenue
oversight.
DISASTER RELIEF FUNDING
In addition to the funding provided above, $16,000,000 is available for transfer from the Disaster Relief Fund instead of
$13,500,000 as proposed by the Senate. The House proposed no
such transfer. These funds are for audits and investigations related
to disasters, including uses of the Disaster Relief Fund. The IG is
required to notify the Committees on Appropriations no less than
15 days prior to any transfer from the Disaster Relief Fund.
FORMALDEHYDE

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The IG is directed to investigate the Federal Emergency Management Agency’s (FEMA) policies and processes regarding formaldehyde in trailers purchased by the agency to house disaster victims.
The IG shall investigate the process used by FEMA to collect and
respond to health and safety concerns of trailer occupants; whether
FEMA adequately notified occupants of potential health and safety
concerns; and whether FEMA has proper controls and processes in
place to deal with health and safety concerns of those living in
trailers following disasters. The IG is to report its findings to the
Committees on Appropriations, including any recommendations.

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1027
COSCO BUSAN OIL SPILL
The IG is directed to investigate Coast Guard’s role in the M/V
Cosco Busan oil spill in San Francisco Bay on November 7, 2007,
including the difficulties faced when ships transit ports in heavy
fog; proper standard operating procedures watchstanders at the
vessel traffic services San Francisco control center should follow
when observing a ship to be on a course that may lead to a collision
or allision; whether the Unified Command effectively managed the
resources available to Coast Guard related to containment and remediation of the spill; whether the rapid response plan for the
treatment of marine resources, wildlife and fisheries required by
the Oil Pollution Act of 1990 was followed and was adequate to
guide this aspect of the response; and whether the Area Response
Plan contains provisions adequate to guide the response to a spill
of the type encountered in this allision, and whether these provisions were followed during the response to this incident. The investigation should specifically address unacceptable delays in the reporting of information to local authorities the day of the incident,
the impact of those delays on the response and the adequacy of
Coast Guard’s initial investigation of the allision. In addition, the
investigation should review Coast Guard’s existing emergency response capabilities in San Francisco Bay and make recommendations regarding needed improvements and should include whether
recent reorganizations at Coast Guard contributed to any response
delays. The conferees direct the IG to submit a report no later than
April 1, 2008, setting forth the conclusions of this investigation.
PRE-PACKAGED NEWS
The 2007 Continuing Resolution continued the government-wide
provision prohibiting an executive branch agency from producing
any prepackaged news story intended for broadcast or distribution
in the United States, unless the prepackaged news story contains
clear notification that the story was produced and funded by the
Federal government. Given the recent revelation of a staged press
conference in FEMA, the Inspector General is directed to audit
DHS’ compliance with this provision.
SECURE FLIGHT
The Committees on Appropriations are concerned that, even with
the Secure Flight program, the Transportation Security Administration plans to continue to screen passenger names against only
a subset of the full terrorist watch list. Therefore, the IG is directed to report on the vulnerabilities that exist to our aviation system if the Secure Flight program does not screen against the full
terrorism watch list.
AUDIT REPORTS

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The amended bill requires the IG to withhold from public release
for seven days any reports requested by the House and Senate
Committees on Appropriations. This is a reduction from the previous years’ requirement of 15 days.

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1028
TITLE II—SECURITY, ENFORCEMENT, AND
INVESTIGATIONS
U.S. CUSTOMS

AND

BORDER PROTECTION

SALARIES AND EXPENSES

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The amended bill provides $6,802,560,000 for Salaries and Expenses, instead of $6,629,733,000 as proposed by the House and
$6,601,058,000 as proposed by the Senate. Of this amount,
$323,000,000 is designated as emergency.
The Committees on Appropriations provide $3,075,232,000 for
border security between ports of entry, including funds to support
an additional 3,000 Border Patrol Agents, $13,000,000 for additional Border Patrol vehicles, and $75,000,000, 50 percent above
the request, to expand the detention transportation contract. The
Committees on Appropriations agree U.S. Customs and Border Protection (CBP) should support efforts to eliminate smuggler lookout
posts along the Southwest Border, but they do not designate specific resources for this purpose, as proposed by the House.
The Committees on Appropriations provide $1,221,341,000 for
Management and Administration, reflecting a realignment of
$10,048,000 in information technology costs to the Salaries and Expenses appropriation for U.S. Immigration and Customs Enforcement, a reduction of $10,000,000 for management efficiency, and
the impact of fiscal year 2007 reprogramming actions.
The Committees on Appropriations provide $2,279,247,000 for
border security inspections and trade facilitation, including
$1,854,235,000 for Inspections, Border Security Inspections, and
Travel Facilitation at Ports of Entry. Within the latter category is
also included an additional $13,000,000 for the competitive procurement of commercially available technology to support the Secure Freight Initiative and the proposed Global Trade Exchange,
authorized by the 9/11 Act; $22,000,000 for an additional 200 CBP
Officers to comply with Section 403 of the SAFE Port Act and
$575,000 for eight additional positions for enhanced duty collection;
$6,750,000 for 50 additional supply chain specialists for the Customs-Trade Partnership Against Terrorism (C–TPAT) program, as
authorized by section 222 of the SAFE Port Act; $225,000,000 for
the Western Hemisphere Travel Initiative (WHTI), of which
$100,000 is to promote information and exchange on use of best
practices and technology with friendly nations as authorized by section 879 of Public Law 107–296; and $50,000,000 to enable CBP to
implement section 535 of this Division establishing Law Enforcement Officer status for new and currently serving CBP Officers beginning July 1, 2008.
Within Border Security Inspections and Trade Facilitation is included $40,000,000 for Model Ports of Entry and 200 additional
CBP Officers at the top 20 U.S. international airports pursuant to
the 9/11 Act; $45,000,000 for a terrorism prevention system enhancement for passenger screening; and $36,000,000 for electronic
travel authorization for the visa waiver program, including 24 additional program management positions.
The Committees on Appropriations provide $226,740,000 for personnel compensation and benefits for the CBP Air and Marine pro-

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1029
grams, including $14,000,000 for 82 positions to support establishment of 11 new marine enforcement units.
The following table specifies funding by budget program, project,
and activity:
Headquarters, Management, and Administration:
Management and Administration, Border Security Inspections and
Trade Facilitation ...............................................................................
Management and Administration, Border Security and Control between Ports of Entry ..........................................................................

$619,325,000
602,016,000

Subtotal, Headquarters Management and Administration .........
Border Security Inspections and Trade Facilitation: Inspections,
Trade, and Travel Facilitation at Ports of Entry ............................
Container Security Initiative ................................................................
Harbor Maintenance Fee Collection (Trust Fund) ..............................
Other international programs ...............................................................
Customs Trade Partnership Against Terrorism (C–TPAT) ................
Free and Secure Trade (FAST)/NEXUS/SENTRI ...............................
Inspection and Detection Technology Investments .............................
Automated Targeting Systems .............................................................
National Targeting Center ....................................................................
Training ..................................................................................................

1,221,341,000

Subtotal, Border Security Inspections and Trade Facilitation ...
Border Security and Control between Ports of Entry: Border Security and Control ..................................................................................
Training ..................................................................................................

2,279,247,000
3,022,443,000
52,789,000

Subtotal, Border Security and Control between POEs ................
Air and Marine Personnel Compensation and Benefits .....................

3,075,232,000
226,740,000

Total, Salaries and Expenses ........................................................

6,802,560,000

WORKLOAD

AND

1,854,235,000
156,130,000
3,093,000
10,866,000
62,310,000
11,243,000
105,027,000
27,580,000
23,950,000
24,813,000

STAFFING

CBP has developed a Workload Staffing Model (WSM) to generate estimates of staffing needed to meet workload and mission requirements, under unconstrained or constrained budget assumptions. In its letters and briefings to the Committees on Appropriations, CBP has satisfied the requirements to submit a Resource Allocation Model, as directed in House Report 110–181.
Initial WSM applications include assessing staffing needs at airports and seaports based on passenger and cruise ship volumes, as
well as assisting in allocation of newly funded CBP positions. The
Committees on Appropriations expect the WSM to improve allocation of staffing resources to reduce airport and land port wait
times, and to enhance performance in meeting customs revenue collection responsibilities as recommended by the Government Accountability Office (GAO–07–529). CBP is directed to brief the
Committees on Appropriations not later than January 31, 2008, on
how it is using WSM to achieve these goals.
WESTERN HEMISPHERE TRAVEL INITIATIVE

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The bill amends section 7209(b)(1) of the Intelligence Reform Act,
setting a date for WHTI implementation at all ports of entry of either June 1, 2009, or when the Secretary and Secretary of State
have certified compliance with Section B of that Act, whichever is
later.
The Committees on Appropriations provide $225,000,000 for
WHTI; of which $202,816,000 is available for two years for soft-

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1030
ware development, equipment, contract services, and implementation of inbound lanes and modification to vehicle primary lanes. Of
these funds, $75,000,000 will be unavailable for obligation until the
Committees on Appropriations receive a report, not less than 120
days after enactment of this Act, on preliminary results of federal
and State pilot programs to implement WHTI procedures at ports
of entry. The report should include: (1) infrastructure and staffing
required, with associated costs, by port of entry; (2) updated timetable milestones; (3) information on how requirements of Section
7209(b)(1)(B) of the Intelligence Reform Act, as amended, have
been satisfied; (4) confirmation that a vicinity-read radio frequency
identification card has been adequately tested to ensure operational success; and (5) a description of steps taken to ensure the
integrity of privacy safeguards.
MODEL PORTS

OF

ENTRY

The Committees on Appropriations have provided $40,000,000 for
the Model Ports of Entry program authorized in Section 725 of the
9/11 Act, as proposed by the Senate. This includes the resources
necessary to hire at least 200 additional CBP officers at the 20 U.S.
international airports with the highest number of foreign visitors
arriving annually as determined by the most recent CBP data. The
purpose of this program is to provide an international arrival process that better facilitates and promotes business and leisure travel
to the U.S., while also improving security.
COMMERCIAL OPERATIONS

AND

REVENUE COLLECTION POSITIONS

The Committees on Appropriations have included $22,575,000 as
proposed by the House and Senate for enhanced commercial inspection and duty collection, and direct CBP to brief the Committees
on Appropriations semi-annually beginning 30 days after enactment of this Act on progress in hiring for Customs revenue positions. Such briefings may be combined with other briefings to the
Committees on CBP hiring progress.
IN-BOND CARGO

AND

CONTAINER SECURITY

CBP is directed to provide the information on its in-bond cargo
and container security programs, as directed by the House, in the
form of a briefing to the Committees on Appropriations.
The Committees on Appropriations direct CBP to submit the report on southern border supply chain security required by Title VII
of the Senate bill.
AUTOMATED TARGETING SYSTEM—PASSENGERS

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The Committees on Appropriations are aware CBP has agreed to
take actions to address gaps or management weaknesses associated
with its administration of the Automated Targeting System—Passengers, as recommended by the DHS Inspector General (OIG–08–
06), and direct CBP to brief the Committees on Appropriations on
progress in implementing those corrective actions.

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NORTHERN BORDER STAFFING
The Committees on Appropriations strongly support the legislative requirements contained in the USA PATRIOT Act (Public Law
107–56), section 402 of the Trade Act of 2002 (Public Law 107–
210), and the Intelligence Reform Act regarding increasing the
number of Border Patrol agents and CBP Officers on the Northern
Border. The Committees on Appropriations note threat information
continues to point to Northern Border vulnerabilities. As highlighted in House and Senate reports accompanying this bill, the
Committees on Appropriations expect CBP to make every effort to
achieve these targets and direct that CBP quarterly hiring briefings continue to include data on progress being made in this regard.
FLEET VEHICLE MANAGEMENT
The Committees on Appropriations note the receipt of the updated, five-year Vehicle Fleet Management Plan. The Committees
on Appropriations expect future budget requests will reflect the
needs identified in this plan, and direct CBP to inform the Committees on Appropriations of any deviations from the plan.
IMMIGRATION ADVISORY PROGRAM
The Committees on Appropriations direct CBP to include a report on the operations and performance of its Immigration Advisory Program in its fiscal year 2009 budget submission, and to notify the Committees on Appropriations whenever it expands the
program to a new international location.
INTERPOL LOST

AND

STOLEN TRAVEL DOCUMENT DATABASE

The Committees on Appropriations support the decision by the
Department to use the International Criminal Police Organization
(INTERPOL) database as it screens foreign travelers to the United
States and request a briefing on the status of this activity.
LAW ENFORCEMENT OFFICER STATUS

FOR

CBP OFFICERS

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The Committees on Appropriations include $50,000,000, as proposed by the House, to fund the implementation of new section 535,
which will convert CBP Officers to Law Enforcement Officer status,
and fund the fiscal year 2008 costs of retirement and compensation
adjustments required of CBP beginning July 1, 2008.
This change in status will aid in retention of experienced CBP
Officers and recruitment of new Officers needed to help CBP meet
its expanding inspection, enforcement, and regulatory workload. It
will also align compensation and benefits of these Officers with the
law enforcement character of their work. The Committees on Appropriations recognize such conversion will require additional agency funding in fiscal year 2009, and request the Department and
OMB to include adequate resources for this purpose in the fiscal
year 2009 budget submission.

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INTERNATIONAL REGISTERED TRAVELER
PROGRAMS

AND

RELATED SCREENING

The Committees on Appropriations include a new general provision authorizing the International Registered Traveler (IRT) Program. The IRT program, funded by fees, will incorporate available
technologies in coordination with US–VISIT and other pre-screening initiatives of the Department.
The Committees on Appropriations also provide $45,000,000 to
develop system infrastructure needed to support a real-time capability to process advanced passenger information for air travelers
intending to fly to the United States, as well as $36,000,000 to implement the electronic travel authorization program for visa waiver
countries. The Secretary and CBP are directed to report on the
DHS plans, staffing, and funding needed to realize these programs,
including establishing the IRT program at U.S. airports with the
highest volume of international passenger traffic.
NATIONAL GUARD

AND

BORDER SECURITY

The Committees on Appropriations recognize Public Law 110–
116 funds Operation Jump Start through June, 2008, thus obviating the requirement for a briefing as proposed by the Senate on
National Guard reductions in force.
BORDER TUNNEL REMEDIATION
The Committees on Appropriations direct the Department to:
comply with language contained in Senate Report 110–84 requiring
the Department to brief Congress semiannually on border tunnel
remediation; include the House Committees on Appropriations, the
Judiciary, and Homeland Security among those to be briefed; and
provide the first briefing within four months of enactment of this
Act.
TRAFFICKING

OF ILLICIT

GOODS

FROM

MEXICO

The Committees on Appropriations acknowledge the serious law
enforcement challenges posed by the manufacture and distribution
of methamphetamine, the trafficking of unauthorized assault weapons, and the increased violence of drug gangs as noted in Senate
Report 110–84. With the recent announcement of the ‘‘Merida Initiative’’ between the United States and Mexico, the Committees on
Appropriations request a briefing on the issues raised in the Senate
report.
ANTI-DUMPING ENFORCEMENT

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The Committees on Appropriations have ensured that, within the
amounts provided for in this account, there will be sufficient funds
to administer the ongoing requirements of section 754 of the Tariff
Act of 1930, also known as the Continued Dumping and Subsidy
Offset Act (CDSOA) (19 U.S.C. 1675c), referenced in subtitle F of
title VII of the Deficit Reduction Act of 2005 (Public Law 109–171;
120 Stat. 154).
The Committees on Appropriations direct CBP to continue to
work with all relevant U.S. departments and agencies to increase

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duty collections, and to provide an annual report, within 30 days
of each year’s distributions under CDSOA, which summarizes
CBP’s efforts to collect past due amounts and increase current and
future collections.
The Committees on Appropriations direct CBP in these annual
reports to break out the non-collected amounts for each of the fiscal
years 2004, 2005, 2006, and 2007, by order, country, and claimant,
along with a description of each of the specific reasons for the noncollection with respect to each order. Further, CBP is once again
directed to provide the amounts of antidumping (AD) and countervailing duties (CVD) held by CBP in its Clearing Account for unliquidated entries as of October 1, 2006 (and, now, as of October 1,
2007), segregated by case number and Department of Commerce
period of review. In that same report, CBP should explain, with
particularity, what other enforcement actions it is taking to collect
unpaid duties owed the U.S. Government. CBP is also directed in
these annual reports, beginning in 2008 and thereafter, to indicate
which liquidated entries resulted in CDSOA vs. non-CDSOA distributions.
The Committees on Appropriations also direct GAO to undertake
a thorough investigation of the problem of non-collection of AD/
CVD by the U.S. Government. As described in Senate Report 110–
84, GAO must report when the problem was first detected; determine the extent of non-collection of AD/CVD duties, by year, since
discovery of the problem (or at least the year 2001), and examine
how recommendations advanced by either GAO or the U.S. Government would address the problem. The report should be submitted
to the Committees on Appropriations by June 30, 2008.
PART-TIME

AND

TEMPORARY POSITIONS

The Committees on Appropriations are aware CBP has ended the
practice of funding part-time and temporary positions at international air and seaports, such as at Honolulu, Hawaii. Therefore
the Committees on Appropriations negate the language on this
issue contained in Senate Report 110–84.
CBP INDUSTRY TRAINING PROGRAMS
The Committees on Appropriations expect CBP Officers, Import
Commodity Specialists and other professional staff to have the appropriate training, to include continuing active participation in cooperative efforts such as the joint Steel Industry Training Program,
to administer U.S. customs laws. The Committees on Appropriations believe CBP personnel require a detailed knowledge of industry and technology to ensure that commodities cleared to enter U.S.
commerce comply with U.S. law and adhere to import safety requirements with regard to manufactured products, including steel.
INVASIVE SPECIES

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The Committees on Appropriations understand there are several
invasive plant species that negatively affect the operations of the
Border Patrol and support efforts of the Department to provide better tools to control these species. The Committees on Appropriations direct the Secretary to develop and submit a plan, consistent

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with the terms and conditions listed in section 538 of the Senate
bill, which shall specifically address the following species: Arundo
donax (Carrizo cane); Tamarix ramosissima (salt cedar); and
Elaeagnus angustifolia (Russian olive). Funding to implement this
plan should come from within this account, rather than the Border
Security, Fencing, Infrastructure, and Technology (BSFIT) account,
as proposed by the House.
FOOD

AND

AGRICULTURAL IMPORT TRAINING

AND INSPECTIONS

The Committees on Appropriations are concerned CBP officers
require the highest level of training to ensure the safety of the Nation’s food supply, and direct the Commissioner to report to the
Committees on Appropriations on the training CBP officers receive
to effectively assist the Food and Drug Administration in monitoring our Nation’s food supply.
The Committees on Appropriations also note that not all ports of
entry have equipment necessary for agriculture inspections, and direct CBP to brief the Committees on Appropriations on what equipment, such as microscopes, is available at each port; the age of existing equipment; and the timeline for procuring and deploying replacement or new equipment.
CRANE-MOUNTED DETECTION TECHNOLOGY
The Committees on Appropriations are aware of technology being
developed for the detection of nuclear or radiological materials that
can be attached to or integrated onto crane spreaders used to lift
and move containerized cargo at sea ports. To explore the potential
of this technology to be implemented rapidly, and assess its value
as an efficient and real-time complement to radiation portal monitors, the Committees on Appropriations include $2,000,000 to permit CBP, in cooperation with relevant port authorities, to test competitively this technology in an operational seaport environment.
AUTOMATION MODERNIZATION

The Committees on Appropriations agree to provide $476,609,000
as proposed by both the House and the Senate. This amount includes $316,969,000 for the Automated Commercial Environment
(ACE), of which $16,000,000 is for the International Trade Data
System (ITDS); and $159,640,000 for Current Operations Protection and Processing Support.
ACE PROGRAM OVERSIGHT

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The Committees on Appropriations are aware of CBP progress in
managing the complex acquisition and integration efforts needed to
implement ACE, and have determined a formal Government Accountability Office review of ACE expenditure plans is no longer
necessary. However, the Committees on Appropriations retain the
language requiring submission of an expenditure plan, and have
made $216,969,000 unavailable for obligation until 30 days after
such plan has been submitted to the Committees on Appropriations. In addition, the Committees on Appropriations direct CBP to
continue to submit quarterly reports on ACE implementation
progress, and to improve the timeliness of such submissions.

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TREASURY ENFORCEMENT COMMUNICATIONS SYSTEM (TECS)
MODERNIZATION PROGRAM
The Committees on Appropriations are aware of the importance
of the TECS Modernization Program. TECS is a key border enforcement system for DHS and plays an essential role in the
screening of travelers entering the U.S. Therefore, CBP is directed
to submit the report on the TECS Modernization Program as requested in Senate Report 110–84 in lieu of the request for notification in House Report 110–181.
ACE QUARTERLY REPORTS
The Committees on Appropriations concur with language in Senate Report 110–84 regarding late delivery of these reports, which
contain factual, aggregate data on the progress being made with
ACE, and direct the Department to deliver them to the Committees
on Appropriations as expeditiously as possible.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

The amended bill provides $1,225,000,000 for the Border Security Fencing, Infrastructure, and Technology (BSFIT) account, instead of $1,089,125,000 as proposed by the House and
$1,000,000,000 as proposed by the Senate, of which $1,053,000,000
is designated as emergency funding. Funds are available until expended. Within the total provided, $64,000,000 is for program management, $73,000,000 is for operations and maintenance, and
$1,088,000,000 is for development and deployment of systems and
technology. The Committees on Appropriations do not provide
$5,000,000 within this account to remove invasive cover vegetation
as proposed by the House, but expect such efforts will be conducted
with funding in the Salaries and Expenses account.
The Secretary is directed to submit, within 90 days after enactment of this Act, an expenditure plan for continued implementation
of a security barrier along the land borders of the United States to
the Committees on Appropriations, as specified in bill language.
The Committees on Appropriations withhold $650,000,000 until the
expenditure plan is received and approved. The Committees on Appropriations direct the Department to include a description of the
methodology used to develop all program and lifecycle costs included in the plan.
Under the Office of the Secretary and Executive Management
heading, the Committees on Appropriations note the change in direction proposed by the Department to delay establishment of the
Secure Border Coordination Council and to fund coordination of Secure Border Initiative (SBI) efforts from within BSFIT using funds
provided to CBP’s SBI Program Office. The Committees on Appropriations understand these funds will be used in fiscal year 2008
to coordinate SBI efforts across DHS as well as the U.S. Government.
BORDER SECURITY REQUIREMENTS

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As evidenced by the significant increases in border security funding in this bill, the Committees on Appropriations support the goal

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of obtaining operational control of the nation’s borders and coastlines. Specifically, the Committees on Appropriations have included
funding to hire additional Border Patrol agents; install vehicle barriers, ground-based radar and cameras; and procure unmanned
aerial systems. CBP is directed to include in the quarterly SBI reports the information required in Section 546 of the Senate-passed
bill.
REPORTING

ON

MAJOR TASK ORDER AWARDS

Bill language is included, as proposed by the House, requiring a
report to the Committees on Appropriations for any task order in
excess of $100,000,000, or task orders that would cause the cumulative level of task orders awarded to exceed $650,000,000 (fifty
percent of the annual appropriation).
ENCOURAGEMENT

OF

BEST PROCUREMENT PRACTICES

Within the total appropriated in the BSFIT account, up to
$2,000,000 shall be used to reimburse the Defense Acquisition University for reviewing whether DHS is employing best procurement
practices in implementing its Secure Border Initiative network
(SBInet) and other contracts under BSFIT.
NORTHERN BORDER SECURITY
The Committees on Appropriations direct the CBP SBI Program
Office to brief the Committees on how the Department will use fiscal year 2008 and prior year funding for Northern Border security
investments, and to provide a revised SBInet investment strategy
that addresses the Northern Border. In addition, the Committees
on Appropriations are aware of the climatic and topographical challenges associated with securing the Northern Border and encourage
CBP to examine the testing and demonstration of advanced intrusion detection sensor networks conducted by the Department of Defense for use in such environments.
PROJECT 28
The Committees on Appropriations note CBP’s conditional acceptance of the Project 28 prototype. However, the Committees remain concerned about the impact of a five month delay of this acceptance on the larger SBInet system and CBP’s plan to secure the
Southwest Border by 2011. The Committees recognize the strict
oversight of the Project 28 contract by the CBP SBI Program Office, expect such accountability to be sustained, and thus direct
CBP to continue to keep the Committees on Appropriations informed on the resolution of conditional items and how the findings
from Project 28 will be applied towards the establishment of the
SBInet baseline and the first iteration of a common operating picture for the Border Patrol.
FENCING COST STUDY

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The Committees on Appropriations direct the Government Accountability Office to conduct a study examining the costs of con-

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1037
structing fencing along the southern border of the United States in
accordance with section 560 of the Senate bill.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT

The amended bill provides $570,047,000 for Air and Marine
Interdiction, Operations, Maintenance, and Procurement, instead of
$477,287,000 as proposed by the House and $488,947,000 as proposed by the Senate, of which $94,000,000 is designated as emergency funding. This includes $353,614,000 for operations and maintenance, instead of $353,954,000 as proposed by the House and
$365,614,000 as proposed by the Senate, to reflect a downward adjustment of $5,000,000 due to a fiscal year 2007 reprogramming of
the Salaries and Expenses account, and inclusion of $4,120,000 for
enhanced operations and support for existing unmanned aerial systems (UAS) and $540,000 for 11 additional marine enforcement
units. Within the total funding is $216,433,000 for procurement, including: $52,400,000 for planned helicopter procurement or upgrades; $10,600,000 for recurring costs for existing unmanned aerial systems; $6,700,000 for recurring sensor system costs;
$4,600,000 to upgrade radars and sensors; $12,000,000 for equipment and facilities for 11 new marine enforcement units; and
$82,000,000 for new and replacement aircraft for CBP Air and Marine border security missions. Given the enhanced funding for this
account above the House and Senate levels, the Committees on Appropriations direct CBP to submit a revised air and marine expenditure plan, with reference to the strategic recapitalization plan, not
later than 90 days after enactment of this Act. The Committees on
Appropriations also direct the Commissioner to certify any proposed use of these funds for new UAS procurement as reflecting
the priorities of the CBP Air and Marine Recapitalization and Modernization Plan and the most cost effective use of such funding.
[CLERK’S NOTE: Due to a clerical error, 71⁄2 paragraphs of text
(and the accompanying heads) were inadvertently omitted from the
Explanatory Statement as printed in the December 17 Congressional
Record, although this material was correctly included in the Statement as posted on the House Rules Committee website. The material
omitted from the Record is included in this print. It begins with the
heading immediately below, ‘‘Northern Border Air Branches’’ and
continues through the phrase ‘‘ ‘Automation Modernization’ ’’ in the
third sentence under the heading ‘‘U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT—SALARIES AND EXPENSES’’.]
NORTHERN BORDER AIR BRANCHES
The Committees on Appropriations direct CBP to brief the Committees on Appropriations on the performance of the Northern Border Air Branches and the schedule for their completion.
MULTI-ROLE PATROL AIRCRAFT

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The Committees on Appropriations are concerned with the shortfall of CBP multi-role patrol aircraft (MPA) resources, exacerbated
by the recent decision of a key contractor to stop MPA production
and the need to sustain an aging P-3 fleet. CBP is directed to brief

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the Committees on Appropriations on: steps it is taking to mitigate
MPA capability gaps; options for MPA procurement; long-term options for the P-3 fleet; and how CBP is working with the DHS investment review board and the Coast Guard to identify joint mission requirements and acquisition strategies to address the Department’s mid- and long-range maritime surveillance missions. The
Committees on Appropriations expect CBP to explain any revisions
to its air strategic plan due to changes in the MPA cost and procurement schedule at this briefing and in its fiscal year 2009 budget justification.
UNMANNED AERIAL SYSTEMS
The Committees on Appropriations provide $14,720,000 for the
operation and maintenance of Unmanned Aerial Systems (UAS).
The Committees on Appropriations support implementation of UAS
through the CBP Air and Marine recapitalization and modernization program, but remain concerned that DHS should develop a
UAS concept of operations for civil airspace as well as the maritime
domain. Furthermore, the Committees on Appropriations believe
DHS must weigh UAS’ potential to significantly enhance DHS intelligence, surveillance, and reconnaissance capabilities against investments in proven, manned aviation assets.
The Committees on Appropriations direct CBP and DHS to brief
the Committees on Appropriations on how CBP’s UAS mission is
coordinated with other Department and other U.S. government
UAS programs, including: details on inter-agency and interdepartmental efforts to establish a concept of operations in civil airspace;
joint mission requirements for maritime applications; and coordinated acquisition strategies. In addition, the Committees on Appropriations direct CBP to work with the Federal Aviation Administration (FAA), as directed in House Report 110–181, to test the
safety of UAS devices to determine the risk of mid-air collisions
with manned aircraft and evaluate the appropriateness of an FAA
exemption for small scale UAS technology.
WIRELESS ACCESS SURVEILLANCE PLATFORM
The Committees on Appropriations are aware that municipal and
other general aviation airports often lack technology or staffing to
track aircraft that land and arrive there, leaving a vulnerability to
smuggling or illegal transit across the U.S. border. The Committees
understand CBP Air and Marine is currently testing the Wireless
Access Surveillance Platform (WASP) to close the gap in existing
radar and other surveillance assets at unmanned and untowered
airports, to enable them to focus on flights of interest. One critical
benefit would be to permit CBP to better distinguish between legal
domestic traffic and concentrate on cross-border traffic. The Committees on Appropriations provide up to $6,000,000 to install the
WASP system at at-risk border state airports.
CONSTRUCTION

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The amended bill provides $348,363,000 for Construction, instead
of $249,663,000 as proposed by the House and $274,863,000 as proposed by the Senate, of which $61,000,000 is designated as emer-

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1039
gency spending. This includes at least $100,000,000 solely for Border Patrol construction and $30,000,000 for repair and renovation
of air and marine facilities, and $39,700,000 for construction activities under Phase IV of the Advanced Training Center Master Plan.
The Committees on Appropriations do not reduce Headquarters
Management, Salaries and Expenses by $5,000,000, nor do they
agree to an unspecified reduction of$15,000,000 of this account, as
recommended by the Senate. As the Committees on Appropriations
include more funding than proposed in either the House or Senate
bills, they direct CBP to submit a revised construction expenditure
plan to the Committees on Appropriations not later than 90 days
after enactment of this Act. The Committees on Appropriations direct that none of the funds provided under this heading shall be
used for port of entry construction and encourage consideration of
the air and marine facilities requirements of the Marfa sector for
inclusion in this plan.
PORT

OF

ENTRY MODERNIZATION

The Committees on Appropriations are alarmed at the condition
of the Nation’s ports of entry, and the adverse impact of crumbling
infrastructure and obsolete design on the combined missions of securing our borders while maximizing the flow of legitimate commerce and travel. Consistent with Title VI of this Act, the Committees on Appropriations direct CBP, in consultation with the General Services Administration, to work together on a national strategy to identify and prioritize the most effective methods to modernize the nation’s aging international ports of entry. The reporting
requirement in House Report 110-181 is therefore negated.
U. S. IMMIGRATION

AND

CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

The amended bill provides $4,687,517,000 for U.S. Immigration
and Customs Enforcement (ICE) Salaries and Expenses instead of
$4,155,400,000 as proposed by the House and $4,401,643,000 as
proposed by the Senate. Of the amounts provided, $516,400,000 is
designated emergency. The Committees on Appropriations fund requested information technology (IT) investments in the ‘‘Automation Modernization’’account instead of the Salaries and Expenses
account, as proposed by the House, and reallocate $10,048,000 of
IT support costs from U.S. Customs and Border Protection to the
ICE headquarters-managed IT investments program. As requested
by the President, $305,000 is provided for programs to protect children from exploitation and kidnapping, including $102,000 for public awareness of the child pornography tip line and $203,000 for
Project ALERT. The following table specifies funding levels by
budget activity:
Headquarters Management and Administration:
Personnel Compensation and Benefits, Services, and Other
Costs .............................................................................................
Headquarters-Managed IT Investments .......................................

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Subtotal, Headquarters Management and Administration
Legal Proceedings ..................................................................................

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$168,887,000
146,654,000
315,541,000
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Investigations:
Domestic ..........................................................................................
International ...................................................................................

1,422,528,000
107,551,000

Subtotal, Investigations ..........................................................

1,530,079,000

Intelligence .............................................................................................
Detention and Removal Operations:
Custody Operations ........................................................................
Fugitive Operations ........................................................................
Criminal Alien Program .................................................................
Alternatives to Detention ...............................................................
Transportation and Removal .........................................................

52,146,000
1,647,212,000
218,945,000
178,829,000
53,889,000
282,526,000

Subtotal, Detention and Removal Operations ......................

2,381,401,000

Comprehensive Identification and Removal of Criminal Aliens ........

200,000,000

Total, Salaries and Expenses .................................................

4,687,517,000

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IDENTIFYING

AND

REMOVING CRIMINAL ALIENS

The Committees on Appropriations are concerned about ICE’s
ability to identify, track, and remove criminal aliens from the
United States, and provide an additional $200,000,000 and a statutory requirement for ICE to develop a strategic plan to address the
issue comprehensively. Once ICE has developed this plan, the Committees on Appropriations expect DHS to pursue aggressive efforts
and make measurable progress expanding its identification of incarcerated aliens, whether by direct contact with correctional facilities, through technological innovation, or by active survey and
interview of prisoners. The Committees on Appropriations expect
DHS to initiate efforts to remove all incarcerated aliens identified
as deportable once their criminal sentences are complete. As part
of the Fugitive Operations Program, the Committees on Appropriations also expect ICE to expand its efforts to apprehend and remove at-large criminal aliens.
The amended bill requires ICE to identify how the agency will
manage its identification of the criminal alien population, including
an explanation of the staffing and technology solutions it will
apply. This plan shall be submitted within three months of enactment of this Act.
From fiscal year 2002 to fiscal year 2006, ICE increased its deportation of non-criminal aliens by 118 percent (48,937 to 107,107).
By contrast, criminal alien deportations increased by only 26 percent over the same five years (70,530 to 88,830). The DHS Inspector General reported that more than 300,000 illegal aliens will be
admitted to prison in the coming year, many for serious crimes
such as murder, rape, armed robbery, drug trafficking, assault, and
vehicular manslaughter.
The ICE Office of Detention and Removal estimates that of the
total prison population in the United States, 605,000 are foreignborn, and that at least half of those individuals may be eligible for
deportation. Yet even though these convicted criminals are held in
Federal, State and local custody, ICE has not yet developed a comprehensive approach to identify incarcerated aliens, review the
crimes of which they have been convicted, track the location of
their incarceration, or monitor the time remaining prior to their re-

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lease. Although ICE removed over 88,000 criminal aliens in 2006,
the last full year for which statistics are available, it has no
records to show how many more criminal aliens were paroled or
discharged from prison without removal orders. ICE also does not
know if the aliens it did remove were taken directly from penal
custody or apprehended for some other reason after having disappeared into the general population. ICE must prioritize the removal of those who have demonstrated the willingness and ability
to commit violent and harmful crimes. The Committees on Appropriations direct ICE to pursue a more comprehensive approach to
identifying incarcerated aliens, processing them for removal if they
are judged deportable, and ensuring they are not released back to
society upon completion of their sentences.
CUSTODY OPERATIONS
The Committees on Appropriations provide $1,647,212,000 for
Custody Operations instead of $1,450,977,000 as proposed by the
House and $1,606,163,000 as proposed by the Senate. Additional
funds are provided to increase detention capacity at ICE to a level
sufficient to meet DHS mission needs. In addition, a related increase of $33,400,000 is provided for the Transportation and Removal program, to support the increased level of deportations associated with a higher detained population. When combined, this
funding will support an annualized detained population of approximately 32,000.
At the end of fiscal year 2007, ICE detained nearly 30,500 undocumented aliens on a daily basis, pending return to their home
countries. However, the President’s budget proposed only enough
funding to detain 28,450 such individuals in 2008. If the Committees on Appropriations were merely to fund the President’s request
for detention capacity, DHS would be at risk of ending the successful ‘‘catch and return’’ program, which the Administration frequently cites as a major reason for decreased illegal crossings along
the Southwest border. The Committees on Appropriations direct
the Department to ensure future ICE budget requests support the
operationally-appropriate level for detention capacity, and require
ICE to provide weekly updates on the detained population throughout fiscal year 2008. To improve future management of the detained population, $1,500,000 is provided to establish a Detention
and Removal Operations Office of Policy and Planning, as proposed
by the Senate.
GANG ENFORCEMENT
The Committees on Appropriations provide $20,400,000 for gang
enforcement instead of $7,000,000 as proposed by the House and
$15,200,000 as proposed by the Senate. Additional funding is provided to enhance the unique Federal role ICE plays in investigating and disrupting organized transnational criminal gangs.
WORKSITE ENFORCEMENT

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The Committees on Appropriations provide a $15,000,000 increase for worksite enforcement activities at ICE, as proposed by
the Senate and instead of no increase as proposed by the House.

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FUGITIVE OPERATIONS TEAMS
The Committees on Appropriations provide $218,945,000 for Fugitive Operations Teams, instead of $183,200,000 as proposed by
the House and $194,645,000 as proposed by the Senate. This additional funding will expand this program to a total of 104 teams.
ALTERNATIVES

TO

DETENTION

The Committees on Appropriations provide $53,889,000 for the
Alternatives to Detention Program instead of $54,889,000 as proposed by the House and $43,889,000 as proposed by the Senate.
Additional funds will support deployment of this program to 12 cities.
CHILD

AND

FAMILY DETENTION

The Committees on Appropriations remain concerned about ICE
detention standards for families with children. Families with children should be housed together in appropriate environments that
take into account these detainees’ special needs. The Committees
on Appropriations are aware ICE has created a Juvenile and Family Residential Management Unit to manage the population of detained families with children and to address issues related to family detention. While this is a positive development, an objective set
of standards for the detention of families with children must be
published so that ICE can ensure the detention environment for
these potentially vulnerable individuals is appropriate. The Committees on Appropriations note that this Act funds an Office of Policy within the Detention and Removal program and fully expect
that this office will help ensure all national detention standards
will be adhered to. Pursuant to the recent legal settlement negotiated between ICE and families detained by the agency, ICE is directed to publish standards governing the care of families with children in detention facilities, and to maintain those standards as
published.
CARE

AND

CUSTODY

OF

UNACCOMPANIED MINORS

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The Committees on Appropriations direct ICE to develop and
publish standards for the temporary care of children and ensure
ICE transfers custody of unaccompanied alien minors to the Office
of Refugee Resettlement (ORR) within 72 hours. The Committees
on Appropriations do not agree that ICE should reimburse ORR for
the cost of transportation of unaccompanied alien children since
funds for this activity are included in the ORR budget.
The Committees on Appropriations note that ICE has ignored the
direction contained in P.L. 109–295 to work in close consultation
with the Department of State and ORR to develop and implement
procedures to ensure the safe and secure repatriation of unaccompanied alien children to their home countries, including through
the arrangement of family reunification services and placement
with non-profit organizations that provide for orphan services. ICE
is directed to brief the Committees on Appropriations within 90
days of the date of enactment of this Act on actions it has taken

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to implement the changes to the repatriation process for unaccompanied minors.
OFFICE

OF

PROFESSIONAL RESPONSIBILITY

The Committees on Appropriations provide $48,778,000 for the
Office of Professional Responsibility (OPR), instead of $50,778,000
as proposed by the House and $47,778,000 as proposed by the Senate. OPR is directed to use up to $1,000,000 to carry out thirdparty detention standard compliance audits for contracted detention facilities, as proposed by the House.
LEGAL PROCEEDINGS
The Committees on Appropriations provide $208,350,000 for
Legal Proceedings, as proposed by the House and instead of
$207,850,000 as proposed by the Senate. Additional funding is provided for the Human Rights Law Division, as detailed in the House
report.
STATE

AND

LOCAL ASSISTANCE

The Committees on Appropriations provide $78,474,000 for State
and Local Assistance, as proposed by the Senate instead of
$73,574,000 as proposed by the House. Of the total provided,
$27,037,000 is for the Law Enforcement Support Center,
$11,286,000 is for the Forensic Document Laboratory, and
$39,684,000 is for the 287(g) program. Combined, these programs
make up the recently established ICE Agreements of Cooperation
in Communities to Enhance Safety and Security (ICE ACCESS)
initiative, which is intended to improve and enhance ICE’s interaction with State and local law enforcement agencies. Given recent
growth in the 287(g) program, the Committees on Appropriations
encourage ICE to closely monitor compliance with the agreements
under which immigration authorities are delegated to 287(g) participants.
ICE MANAGEMENT
The Committees on Appropriations recognize that ICE managers
have worked diligently to improve the financial and operational
health of the agency. However, additional training and support
may be required to increase financial management skills and abilities. Therefore, the Committees on Appropriations include an additional $1,750,000 for implementation of a training program for new
and mid-career finance, procurement, labor-relations and civil
rights managers, as discussed in the Senate report.
ICE MUTUAL AGREEMENT

GOVERNMENT & EMPLOYERS
(IMAGE)

BETWEEN

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The Committees on Appropriations provide $5,000,000 for the
IMAGE program as proposed by both the House and the Senate.
These funds will support 10 special agents, 10 forensic auditors,
and nine investigative assistants. The IMAGE program is an ICE
outreach and enforcement effort designed to minimize the likelihood of private sector employers hiring unauthorized workers, and

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1044
should complement the E-Verify program administered by United
States Citizenship and Immigration Services (USCIS). ICE and
USCIS are directed to brief the Committees on Appropriations on
the progress made implementing the IMAGE program, including
how IMAGE program managers are avoiding duplication of the EVerify system, the program’s hiring strategy, and its performance
milestones and achievements.
BORDER ENFORCEMENT SECURITY TASK FORCES (BEST)
The Committees on Appropriations provide $10,700,000 for the
BEST program, as proposed by the House, instead of $13,473,000
as proposed by the Senate. The Committees on Appropriations support direction contained in the House report regarding how the
BEST program is coordinated with other border-related initiatives.
ICE is directed to brief the Committees on Appropriations on how
the BEST program is supporting an integrated border security operation at DHS as well as the new locations of proposed BEST operations.
TRADE TRANSPARENCY UNIT
The Committees on Appropriations provide $11,202,000 for the
Trade Transparency Unit, as proposed by the Senate, instead of
$13,202,000 as proposed by the House.
FEDERAL PROTECTIVE SERVICE

The amended bill includes a statutory requirement for the Federal Protective Service (FPS) to maintain an in-service field staff
of at least 900 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who are assigned to active protective duties in field locations, and a total FPS staff of at least
1,200 full-time equivalent positions by July 31, 2008. The amended
bill also requires the Secretary and the Director of the Office of
Management and Budget (OMB) to certify that this staffing level
will be fully supported, through fees or other revenue, in fiscal year
2008. The Committees on Appropriations understand the requested
revenue projection for fiscal year 2008 may be insufficient to support the staffing levels required by law, and further require the
Secretary and the Director to adjust security fees charged to agencies in fiscal year 2008, if necessary. If revenue projections fall
short of supporting the required staffing levels, and the Director
will not adjust security fees, the Committees on Appropriations direct the Secretary to meet any shortfall from funds provided in
Title I of this Act. The Committees on Appropriations further direct
the Director of OMB to ensure the level of fees in fiscal year 2009
will maintain the FY 2008 staffing levels.
FPS FINANCIAL MANAGEMENT

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Since the creation of DHS, the Secretary of Homeland Security
and the Director of the Office of Management and Budget have denied FPS sufficient staff and resources to carry out its critical facilities protection and law enforcement missions. The transfer of
FPS from the General Services Administration (GSA) to DHS was
marked by financial uncertainty and instability, and $139,000,000

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1045
in annual subsidy payments made by GSA to fund FPS operations
were never appropriately accounted for under the new DHS structure. Rather than adjust the fee structure to account for this loss
of subsidy payments, the budget proposes to reduce the size of the
FPS police force without regard to the mission. DHS has further
eroded the FPS operating budget by failing to adjust FPS fees to
account for shared services, rent, and other costs that were never
charged or budgeted for at GSA. In the 2008 budget, the Administration proposed transferring FPS Federal facility protection responsibilities to State and local police departments by abolishing
the FPS police force, even though these local agencies do not have
the resources to protect Federal buildings.
ICE, the Department, and OMB have not appropriately planned
for the protection of Federal facilities and workers, since none of
these agencies has worked to develop a strategic plan that clearly
defines the FPS role and aligns FPS mission requirements with
adequate resources. Absent a rigorous review of FPS responsibilities, which should be based on the responsibilities assigned to FPS
in law, Federal facilities and employees will continue to remain
vulnerable to crime and other more severe threats. Since the creation of DHS, FPS has essentially been ignored, denied sufficient
staff, and short-changed the funding necessary to meet its critical
facilities protection and law enforcement response missions. The
Committees on Appropriations encourage the Administration to
analyze the mission requirements of FPS in terms of the responsibilities assigned to FPS in law, as well as necessary levels of
staffing and resources, so that the Congress is not required to dictate funding and staffing levels in annual appropriations bills. DHS
and ICE are therefore directed to brief the Committees on Appropriations on the alignment of FPS mission requirements with the
staffing and resources necessary to carry out FPS responsibilities.
AUTOMATION MODERNIZATION

The Committees on Appropriations provide $30,700,000 for ICE
Automation Modernization, as proposed by the House, instead of
$15,000,000 as proposed by the Senate. Of this amount, $5,000,000
is withheld from obligation until the Committees on Appropriations
receive and approve an expenditure plan.
CONSTRUCTION

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The Committees on Appropriations provide $16,500,000 for Construction, instead of $6,000,000 as proposed by the House and
$16,250,000 as proposed by the Senate. Of the amounts provided,
$10,500,000 is designated as emergency. The amended bill includes
a modified version of a provision proposed by the House that limits
the obligation of funds for the solicitation of proposals to privatize
ICE-owned detention facilities until a privatization plan is submitted to the Committees on Appropriations.

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1046
TRANSPORTATION

SECURITY

ADMINISTRATION

AVIATION SECURITY
(INCLUDING TRANSFER OF FUNDS)

The amended bill provides $4,808,691,000 for Aviation Security
instead of $5,198,535,000 as proposed by the House and
$5,042,559,000 as proposed by the Senate. In addition to the
amounts appropriated, two mandatory appropriations totaling
$500,000,000 are available through the Aviation Security Capital
Fund and the Checkpoint Screening Security Fund. These mandatory appropriations were included as part of the 9/11 Act, which
was enacted after the House and Senate passed their recommended
levels for aviation security. The total funding provided reflects the
budget amendment submitted on November 6, 2007. Bill language
is also included to reflect the collection of $2,210,000,000 from aviation user fees, as authorized. The following table specifies funding
by budget activity:
Screener Workforce:
Privatized screening .......................................................................
Passenger and baggage screeners, personnel, compensation
and benefits .................................................................................

2,636,104,000

Subtotal, screener workforce ...........................................
Screening training and other .........................................................
Human resource services ...............................................................
EDS/ETD Systems:
EDS procurement and installation ...............................................
Screening technology maintenance and utilities .........................
Operation integration .....................................................................

2,779,489,000
223,766,000
182,234,000

Subtotal, EDS/ETD systems ............................................
Total, screening operations .............................................

583,000,000
3,768,489,000

Aviation Security Direction and Enforcement .............................
Aviation, regulation and other enforcement .................................
Airport management, information technology and support ........
Federal flight deck officer and flight crew training .....................
Air cargo ..........................................................................................
Perimeter security ..........................................................................

255,953,000
651,933,000
25,091,000
73,000,000
4,000,000

Subtotal, aviation security direction and enforcement

294,000,000
264,000,000
25,000,000

1,009,977,000

Implementing Requirements of the 9/11 Act ...............................
Discretionary Fees:
General aviation at DCA ...............................................................
Indirect air cargo ............................................................................

30,000,000

Subtotal, discretionary fees .............................................

225,000

Total, Aviation Security ...................................................

$4,808,691,000

IMPLEMENTING REQUIREMENTS

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$143,385,000

OF THE

25,000
200,000

9/11 ACT

The Committees on Appropriations include $694,500,000 within
the total appropriation provided to TSA for activities and requirements authorized in the 9/11 Act, including: $544,000,000 for the
procurement and installation of explosives detection systems at airports; $73,000,000 for air cargo security; $20,000,000 to expand
Visible Intermodal Protection and Response Teams; $10,000,000 to
increase the number of explosives detection canine teams;

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1047
$14,000,000 for general aviation vulnerability assessments and
other activities; $3,500,000 to test technologies to expedite the recovery, development, and analysis of information from aircraft accidents; and $30,000,000 to implement regulations and other new activities authorized by the 9/11 Act. TSA shall use the $30,000,000
to: conduct vulnerability assessments of high risk public transportation agencies, railroads, and over-the-road bus operators; security
training programs for public transportation, over-the-road bus operators, and railroad employees; develop a railroad transportation
security risk assessment and national strategy; develop regulations
for name-based immigration status checks on public transportation
and railroad employees; conduct security reviews of foreign repair
stations within six months of the issuance of final regulations; pilot
different technologies at airport exit lanes; develop procedures and
initial implementation of a law enforcement officer biometric credential; improve security at general aviation airports; and procure
blast resistant containers. TSA is directed to report to the Committees on Appropriations 90 days after the date of enactment of this
Act on the proposed allocation of these funds at the account and
PPA level.
PRIVATIZED SCREENING AIRPORTS
The Committees on Appropriations provide $143,385,000 for
privatized screening airports as proposed by the Senate instead of
$147,190,000 as proposed by the House. TSA is directed to notify
the Committees on Appropriations if TSA expects to spend less
than the appropriated amount due to situations where no additional airports express interest in converting, either fully or partially, to privatized screening, or where airports currently using
privatized screening convert to using federal screeners. TSA shall
adjust its program, project, and activity (PPA) line items, and notify the Committees on Appropriations within ten days, to account
for any changes in private screening contracts and screener personnel, compensation and benefits to reflect the award of contracts
under the screening partnership program, or the movement from
privatized screening into federal screening.
PASSENGER

AND

BAGGAGE SCREENER PERSONNEL, COMPENSATION,
AND BENEFITS

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The Committees on Appropriations provide $2,636,104,000 for
passenger and baggage screener personnel, compensation, and benefits instead of $2,589,304,000 as proposed by the House and
$2,601,404,000 as proposed by the Senate. This funding level includes $36,700,000 requested in the budget amendment for additional behavior detection officers and back-of-the-airport screening
activities. Funding for behavior detection officers has not been reduced, as proposed by the House, because TSA no longer is behind
in hiring these positions. Also included is $45,000,000 for the new
travel document checker program as proposed by both the House
and the Senate.
TSA shall brief the Committees on Appropriations on the detailed function of each of the three new transportation screening officers’ specialized employee categories (travel document checkers,

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1048
behavior detection officers, and bomb appraisal officers). This briefing shall include the on-board full-time equivalent (FTEs) for each
category in fiscal year 2008; the hiring plan to fill the new positions provided in fiscal year 2008 and planned for fiscal year 2009;
the associated personnel, compensation, and benefits; equipment
costs; other indirect costs; key milestones; expected benefits; a deployment schedule; training requirements, to include Federal, privacy, and civil rights and liberties standards; and measures that
will be used to evaluate the success of these three specialized personnel categories. TSA shall also brief the Committees on Appropriations on the integration of the travel document checker program with the US-VISIT air exit solution.
AIRPORT EMPLOYEE SCREENING
Within the total funding for passenger and baggage screener personnel, compensation, and benefits, the Committees on Appropriations provide $15,000,000 as proposed by the Senate instead of
$5,000,000 as proposed by the House to pilot various methods to
screen airport employees at a total of seven airports. Specifically,
TSA shall screen all airport employees at three airports for no less
than 90 days. Screening shall be done at either the airport perimeter or the passenger checkpoints. In addition, TSA shall undertake other screening methods to enhance airport employee screening at up to four additional airports. These methods could include
physical inspections, behavioral recognition, biometric access controls, and cameras and body imaging. TSA shall consult with the
airports before identifying which airports will participate in the pilots. As part of this effort, TSA shall collect data on the benefits,
costs, and impacts of 100-percent airport employee screening as
well as on the other methods utilized.
TSA shall report to the Committees on Appropriations on: (1) the
results of these pilots, including the average wait times at screening checkpoints for passengers and employees; (2) the estimated
cost of the infrastructure and personnel necessary to implement a
screening program for airport workers at all U.S. commercial service airports in order to meet a 10-minute standard for processing
passengers and workers through screening checkpoints; (3) the
ways in which the current methods for screening airport employees
could be strengthened; and (4) the impact of screening airport
workers on other security-related duties at airports. TSA shall notify the Committees on Appropriations within 120 days after the
date of enactment of this Act on how it will utilize this funding and
identify the airports that shall be participating in the pilots. TSA
shall provide an interim briefing to the Committees on Appropriations on progress and results of these pilots not later than September 1, 2008. If a legislative proposal to screen 100-percent of
airport employees is enacted, TSA may use these funds to comply
with those requirements.
WAIT TIMES

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TSA shall submit airport wait time data on a quarterly basis for
domestic airports with above average wait times and for the top 40

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busiest airports. As part of these quarterly reports, TSA shall explain any dramatic shift in wait times.
SCREENING TRAINING

AND

OTHER

The Committees on Appropriations provide $223,766,000 for
screening training and other instead of $200,466,000 as proposed
by the House and the Senate. This funding level includes
$23,400,000 requested in the budget amendment submitted on November 6, 2007, for the associated recruiting, hiring, training and
outfitting costs related to additional screeners to address increased
threats.
CHECKPOINT SUPPORT
Mandatory funding of $250,000,000 has been provided for checkpoint support as required by the 9/11 Act. Both the House and Senate proposed discretionary funding for these activities in their
versions of the bill. The Committees on Appropriations expect funding to be used to support a number of emerging technologies to
screen airline passengers and carry-on baggage for explosives,
weapons, and other threat objects by the most advanced equipment
currently under development. Bill language is included clarifying
that activities funded last year continue to be funded in fiscal year
2008.
EXPLOSIVE DETECTION SYSTEMS

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The Committees on Appropriations provide a total of
$544,000,000 for explosive detection systems (EDS) procurement
and installation instead of $560,000,000 as proposed by the House
and $529,400,000 as proposed by the Senate. Within the total funding for EDS procurement and installation, $294,000,000 is appropriated in this Act and $250,000,000 is derived from mandatory
funding from the Aviation Security Capital Fund. This funding is
sufficient to fulfill the requirements in the 9/11 Act to enter into
Letters of Intent (LOIs) and to complete other pending airport
modifications. TSA is encouraged to use its existing authority to
amend any LOI where the final project costs exceed original estimates, if they were subsequently validated as reimbursable prior
to the date of enactment of this Act. Within the funds provided, not
less than $89,000,000 shall be available to procure and deploy next
generation explosive detection systems. TSA shall explore multiple
technologies in this area and give thorough consideration to the
needs of medium and small airports that do not have certified EDS
equipment.
No EDS funding shall be used to procure explosive trace detection machines (ETDs) unless they are necessary for secondary
screening of checked baggage, to replace an aging ETD system in
those airports that are primarily dependent on ETD technologies,
or to procure new ETD systems for new, small airports or heliports
that are federalized.
TSA is encouraged to explore consolidating checkpoint and
checked baggage screening at smaller airports and shall brief the
Committees on Appropriations on how this consolidation may work.

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1050
SCREENING TECHNOLOGY MAINTENANCE

AND

UTILITIES

The Committees on Appropriations provide $264,000,000 for
screening technology maintenance and utilities as proposed by the
House instead of $257,000,000 as proposed by the Senate. This
funding supports the maintenance and associated utilities of EDSs,
ETDs, checkpoint equipment and other screening technologies installed at our nation’s airports.
AVIATION REGULATION

AND

OTHER ENFORCEMENT

The Committees on Appropriations provide $255,953,000 for
aviation regulation and other enforcement instead of $223,653,000
as proposed by the House and $226,653,000 as proposed by the
Senate. This amount includes $29,300,000 requested in the budget
amendment submitted on November 6, 2007, to increase the number of canine teams, to establish vetting capabilities for general
aviation passengers and crews, and to conduct general aviation
threat assessments. In addition, $3,000,000 has been provided
above the budget request to support local law enforcement officer
cooperative agreements, as proposed by the Senate.
AIR CARGO

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The Committees on Appropriations provide $73,000,000 for air
cargo as proposed by the House instead of $65,768,000 as proposed
by the Senate. This funding level is $17,232,000 above the budget
request and shall be used for the following: (1) to continue training
and deployment of additional canine teams at high volume air
cargo airports to increase inspections; (2) for additional air cargo
inspectors to monitor compliance of air carriers and freight forwarders with security directives; (3) to continue development of a
certified shipper program to determine if this method can contribute to the 100-percent screening requirement in the 9/11 Act;
(4) for equipment, technology and other methods to screen air
cargo; and (5) to transfer techniques from the three air cargo pilot
programs to additional airports that may express an interest in
using them, if results appear promising.
Within the fiscal year 2007 supplemental appropriation (Public
Law 110–28), funding was provided for TSA to assess air cargo
vulnerabilities at the largest airports (Category Xs). TSA is directed to brief the Committees on Appropriations no later than
March 1, 2008, on the results of the vulnerability assessments at
all airports completed, as detailed in the Senate report. If vulnerability assessments have not been completed at all of the largest
airports, TSA shall brief the Committees on Appropriations again
once all work has been concluded.
The Committees on Appropriations are encouraged at the
progress TSA has made to limit its use of contractors for air cargo
regulatory activities and to hire dedicated federal employees.
Therefore, quarterly reports on this topic are not required unless
TSA significantly increases its use of contractors for air cargo regulatory activities in this program.

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PERIMETER SECURITY
The Committees on Appropriations provide $4,000,000 for airport
perimeter security projects as proposed by the House and the Senate. In the past, TSA has been slow to obligate perimeter security
funding and just recently awarded funds appropriated in fiscal year
2006. TSA is expected to competitively award these funds in 2008.
In addition, TSA shall brief the Committees on Appropriations on
actions taken to implement recommendations made by GAO on airport perimeter security weaknesses, as discussed in the Senate report.
FLIGHT DECK RECORDERS

AND

REMOTE SENSING DEVICES

Within the $651,933,000 provided for airport management, information technology, and support, the Committees on Appropriations
provide $3,500,000 to implement section 1610(2)(b) of the 9/11 Act.
This funding shall be used to test technologies to expedite the recovery, development, and analysis of information from aircraft accidents to determine the cause of the accident, including deployable
flight deck and and voice recorders, and remote location recording
devices. TSA shall work with the Federal Aviation Administration
on these efforts.
FOREIGN REPAIR STATIONS
TSA shall work aggressively with the Federal Aviation Administration to complete final regulations to audit certified repair stations in foreign countries as required by the 9/11 Act and brief the
Committees on Appropriations periodically on its efforts to do so.
BUTANE LIGHTERS
In accordance with authority provided in section 530 of P.L. 109–
295, TSA suspended enforcement of the prohibition on butane and
other types of lighters onboard aircraft. Pursuant to that authority,
the Assistant Secretary certified that butane and other types of
lighters pose a significantly lower security threat based on intelligence driven threat assessments. Not later than five months after
enactment of this Act, TSA is directed to report on anticipated security benefits and vulnerabilities associated with the decision to
suspend enforcement of the prohibition on butane lighters onboard
aircraft, including supporting analysis justifying the conclusions
reached. The Comptroller General is directed to report on its assessment of TSA’s report not later than 180 days after the report
is submitted.
VOLUNTARY PROVISION

OF

EMERGENCY SERVICES PROGRAM

The Committees on Appropriations are concerned with TSA’s implementation of the Voluntary Provision of Emergency Services
Program and direct TSA to comply with the terms and conditions
listed in section 563 of the Senate bill.
SURFACE TRANSPORTATION SECURITY

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The amended bill provides $46,613,000 for Surface Transportation Security instead of $41,413,000 as proposed by the House

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and the Senate. Within this total, $24,485,000 is for surface transportation staffing and operations and $22,128,000 is for rail security inspectors and canines. This funding level reflects the budget
amendment submitted on November 6, 2007, of $5,200,000 to hire
new surface transportation inspectors for use in the Visible Intermodal Protection and Response teams.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

The amended bill provides a direct appropriation of $82,590,000
for Transportation Threat Assessment and Credentialing instead of
$64,490,000 as proposed by the House and $67,490,000 as proposed
by the Senate. In addition, the Committees on Appropriations anticipate TSA will collect $82,601,000 in fees. Funding is provided
as follows:
Direct Appropriation:
Secure flight ....................................................................................
Crew vetting ....................................................................................
Screening administration and operations .....................................
Transportation worker identification credential ..........................

$50,000,000
14,990,000
9,500,000
8,100,000

Subtotal, direct appropriations .......................................

82,590,000

Fee Collections: Registered traveler .............................................
Transportation worker identification credential ..........................
Hazardous materials ......................................................................
Alien flight school (transfer from DOJ) ........................................

35,101,000
26,500,000
19,000,000
2,000,000

Subtotal, fee collections.. .................................................

$82,601,000

SECURE FLIGHT
The Committees on Appropriations provide $50,000,000 for Secure Flight instead of $40,000,000 as proposed by the House and
$28,000,000 as proposed by the Senate. In addition, the amended
bill contains a general provision, similar to that proposed by the
Senate, which permits TSA to transfer up to an additional
$24,000,000 to the Secure Flight program if necessary. This level
fully funds the budget request and reflects progress TSA has made
in this program.
The Committees on Appropriations are concerned that, even with
the Secure Flight program, TSA plans to continue to screen passenger names against only a subset of the full terrorist watch list.
Therefore, the amended bill includes language as proposed by the
House that requires the Assistant Secretary to certify to the Committees on Appropriations that no significant security risks are
raised by screening airline passenger names only against a subset
of the full terrorist watch list instead of the full watch list. In addition, the Inspector General is directed to report on the
vulnerabilities that exist to our aviation system if the Secure Flight
program does not screen against the full terrorism watch list.

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SCREENING ADMINISTRATION

AND

OPERATIONS

The Committees on Appropriations provide $9,500,000 for screening administration and operations as proposed by both the House
and the Senate. No funds appropriated for screening administration and operations may be used for the Secure Flight program or
for the Transportation Worker Identification Credential (TWIC)

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1053
program beyond the amounts specifically appropriated for these
programs unless TSA submits a reprogramming or transfer request. In the past, TSA has used the screening administration and
operations account to supplement these programs’ direct appropriations.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The Committees on Appropriations provide a direct appropriation
of $8,100,000 for the transportation worker identification credential
instead of $15,000,000 as proposed by the Senate. No funding was
proposed by the House. This funding shall be allocated as follows:
$6,100,000 to fund the local cost share of the five card reader pilots
and $2,000,000 for program evaluation of these pilots. While the
Committees on Appropriations are pleased that the five pilots are
proceeding, they disagree that the ports must contribute a 25-percent local match. Since this is a pilot program, which may not have
direct benefit to the ports, funding has been included to pay the
local cost share of this program.
TSA is urged to ensure that the Coast Guard and terminal operators work closely with local port police and other law enforcement
agencies to develop the operational procedures that will ensure effective implementation of the TWIC program. Also, TSA is directed
to work with the appropriate officials of Florida and other port authorities to resolve differences between TWIC and existing State
transportation facility access control programs.
REGISTERED TRAVELER
In lieu of report language proposed by the House, the Committees on Appropriations include new bill language permitting approved members of Registered Traveler (RT) programs to satisfy
the required identity verification procedures at security screening
checkpoints by presenting a biometrically-secure RT card in lieu of
the government-issued photo identification document required of
non-RT participants. The Committees on Appropriations are aware
that the industry consortium representing registered traveler providers has submitted a proposal to TSA that would update the common RT standard, which may address this issue. However, because
TSA has not determined whether or not to adopt this updated
standard, this language is necessary.
TRANSPORTATION SECURITY SUPPORT

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The amended bill provides $523,515,000 for Transportation Security Support instead of $526,615,000 as proposed by the House and
$521,515,000 as proposed by the Senate. Funding is provided as
follows:

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Headquarters administration ...............................................................
Information technology ..........................................................................
Intelligence .............................................................................................

$293,191,000
209,324,000
21,000,000

Subtotal, transportation security support ......................

$523,515,000

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1054
EXPENDITURE PLAN
The amended bill includes language requiring TSA to submit a
detailed expenditure plan to the Committees on Appropriations for
checkpoint support and explosive detection systems procurement,
refurbishment, and installation on an airport-by-airport basis for
fiscal year 2008. This report is due no later than 60 days after enactment of this Act. In addition, the Secretary is directed to submit
a final strategic plan for checkpoint technologies as described in
the joint explanatory statement of managers accompanying Public
Law 109–295. To date, the Committees on Appropriations have
only received an interim plan. The amended bill withholds
$10,000,000 from obligation until the detailed expenditure plans,
described above, and the final strategic plan for checkpoint technologies are received.
RED TEAMING
Red teaming exercises help identify vulnerabilities to our critical
transportation systems. TSA is directed to be more proactive in this
area in fiscal year 2008, but also to ensure that those facilities
being visited are not aware of the red teaming exercises beforehand. Recent testimonies and emails have made it clear that on occasion, certain facilities were notified of upcoming red teaming activities and what to look for before the teams arrived, resulting in
inaccurate results. This advance notification cannot occur in the future. For a red team to operate successfully, its members must not
be recognized.
The Committees on Appropriations provide a total of $6,260,000
for red teaming exercises within the appropriation for Headquarters Administration, which is nearly a 50-percent increase to
this program. This funding level will enable red teaming activities
to identify potential vulnerabilities and weaknesses in airports and
air cargo facilities, as well as in transit, rail, and ferry systems.
TSA shall brief the Committees on Appropriations biannually on
these activities, as discussed in the House report.
SENIOR CAREER EMPLOYEES
TSA has had frequent and sustained turnover within its senior
employees. TSA is encouraged to build a stable, senior career workforce so that when a change in administration occurs, the agency
can continue operating without a diminution in transportation security oversight. As such, TSA shall brief the Committees on Appropriations on its plans and efforts to retain senior career employees. In addition, GAO is directed to report on the history of senior
executive service-level career turnover since the formation of TSA.
PERFORMANCE ACCOUNTABILITY

AND

STANDARDS SYSTEM

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TSA is directed to submit a report to the Committees on Appropriations; the Senate Committee on Homeland Security and Governmental Affairs; the House Committee on Homeland Security;
the Senate Committee on Commerce, Science, and Transportation;
and the House Committee on Transportation and Infrastructure on
the implementation of the Performance Accountability and Stand-

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1055
ards System. The report shall include (1) the number of employees
who achieved each level of performance; (2) a comparison between
managers and non-managers relating to performance and pay increases; (3) the type and amount of all pay increases that have
taken effect for each level of performance; and (4) the attrition of
employees covered by the Performance Accountability and Standards System.
FEDERAL AIR MARSHALS

The amended bill provides $769,500,000 for the Federal Air Marshals (FAMs) instead of $722,000,000 as proposed by the House
and the Senate. This recommendation includes $47,500,000 requested in the budget amendment submitted on November 6, 2007,
to increase staffing, to sustain current international flight coverage, and to restore coverage on targeted critical domestic flights.
Within the total appropriation provided, $674,173,000 is for management and administration and $95,327,000 is for travel and
training. TSA shall continue to provide quarterly reports on the
mission coverage, staffing levels, and hiring rates as directed in
previous appropriations Acts.
FORCE MULTIPLIER
The Committees on Appropriations remain supportive of the
FAMs force multiplier efforts. TSA should brief the Committees on
the status of this program, its estimated costs and benefits, the
logistical and operational aspects of using this system, and a
timeline to implement it, if the system proves to be cost effective.
COAST GUARD
OPERATING EXPENSES

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The amended bill provides $5,891,347,000 for Operating Expenses (OE) instead of $5,930,545,000 as proposed by the Senate
and $5,885,242,000 as proposed by the House. Of this amount,
$70,300,000 is designated as an emergency and $340,000,000 is
available for defense-related activities as proposed by both the
House and the Senate. Not to exceed $20,000 is provided for reception and representation, as proposed by the House instead of not
to exceed $10,000 as proposed by the Senate. The amended bill allows OE funds to be used for minor construction projects not exceeding $1,000,000 in total costs at any location. The Committees
on Appropriations deny the request to transfer a portion of the
Bridge Administration program from Coast Guard to the Department of Transportation as proposed by the House and Senate and
include $2,650,000 to maintain this function; and deny $2,000,000
in proposed management efficiency savings due to lack of detail
justifying the decrease. The Committees on Appropriations also
deny the proposed reduction of $267,000 and 29 FTE for the Civil
Engineering High Performance Organization Initiative and include
a general provision denying alteration of the Civil Engineering
Unit as proposed by the House and Senate. Funding for operating
expenses shall be allocated as follows:

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1056
Military pay and allowance:
Military pay and allowance ...........................................................
Military health care .......................................................................
Permanent change of station .........................................................

$2,463,934,000
346,765,000
110,974,000

Subtotal, military pay and allowance .............................

2,921,673,000

Civilian pay and benefits ......................................................................
Training and recruiting:
Training and education ..................................................................
Recruitment ....................................................................................

594,803,000
84,622,000
100,982,000

Subtotal, training and recruiting ....................................

185,604,000

Operating funds and unit level maintenance:
Atlantic Command ..........................................................................
Pacific Command ............................................................................
1st District ......................................................................................
5th District ......................................................................................
7th District ......................................................................................
8th District ......................................................................................
9th District ......................................................................................
11th District ....................................................................................
13th District ....................................................................................
14th District ....................................................................................
17th District ....................................................................................
Headquarters directorates .............................................................
Headquarters managed units ........................................................
Other activities ...............................................................................

176,923,000
198,580,000
58,573,000
22,222,000
77,138,000
46,126,000
32,084,000
17,437,000
23,230,000
19,401,000
31,734,000
269,303,000
130,450,000
31,680,000

Subtotal, operating funds and unit level maintenance

1,134,881,000

Centrally managed accounts .................................................................
Intermediate and depot level maintenance:
Aeronautical maintenance .............................................................
Electronic maintenance ..................................................................
Civil/ocean engineering and shore facilities maintenance ..........
Vessel maintenance ........................................................................

229,896,000
295,950,000
118,983,000
171,317,000
167,940,000

Subtotal, intermediate and depot level maintenance ....

754,190,000

Port and maritime security enhancements .........................................

70,300,000

Total, operating expenses ................................................

$5,891,347,000

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PORT

AND

CARGO SECURITY

The Committees on Appropriations provide $58,800,000 for port
and cargo security, instead of $45,000,000 as proposed by the
House and $30,000,000 as proposed by the Senate. Increasing port
presence and security operations in critical ports is a vital component of DHS’s overall maritime border security strategy and additional resources are provided for this purpose. Within the total provided: $2,000,000 is for Liquefied Natural Gas and dangerous cargo
suitability assessments to ensure that such assessments pass peerreviewed, scientific scrutiny; $2,000,000 is for spot check of Maritime Transportation Security Act (MTSA) regulated facilities;
$29,400,000 is for an additional 238 boat crew members, boarding
team members, and marine inspectors and 26 Defender Class small
boats to enhance Coast Guard’s ability to enforce security zones,
protect critical infrastructure, and provide escorts and boarding of
high interest vessels; $4,800,000 is for long range identification and
tracking in order to provide additional information to validate a

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1057
vessel’s position and movement; $2,000,000 is for port security vulnerability assessments; $2,000,000 is for port security exercise and
training programs, as required by Sections 113 and 114 of the
SAFE Port Act; $1,900,000 is for the inclusion of salvage response
plans in Area Maritime Transportation Security Plans, as required
by Section 101 of the SAFE Port Act; $11,600,000 is to implement
Section 108 of the SAFE Port Act including additional watch standers and intelligence officers; and $3,100,000 is to develop
rulemakings and finalize regulations contained in the SAFE Port
Act.
INTENSIVE MAINTENANCE

FOR

PATROL BOATS

The Committees on Appropriations provide $11,500,000 for Coast
Guard to pilot an intensive maintenance regime for 110–foot Island
Class patrol boats in District Seven. The House provided an additional $20,500,000 within the Acquisition, Construction, and Improvements appropriation for an intensive maintenance and
sustainment regime for the 110–foot patrol boats. The Senate provided funding at the request level. Such a regime is operational
with the six patrol boats assigned to Operation Iraqi Freedom,
which has enabled Coast Guard to substantially increase the operational hours of these boats. The additional funding provided will
allow eight 110–foot patrol boats home-ported in Miami, Key West
and St. Petersburg, Florida to operate an additional 3,200 hours
per year. Coast Guard is directed to brief the Committees on Appropriations on the results of this pilot six months after it is put
into operation.
TRAINING

AND

RECRUITING

The Coast Guard is directed to increase recruitment ceilings in
those recruiting offices with strong minority enlistments as discussed in the House report. The Committees on Appropriations recognize the important role that research and education programs
play in adapting and adopting logistical and business systems. The
Center of Excellence in Logistics and Technology (LOGTECH) was
created to facilitate the advancement of logistics in the military,
yet the Coast Guard is currently the only military service not participating in LOGTECH educational programs. Within total OE
funding, $450,000 is included to fund Coast Guard participation in
LOGTECH.
PERSONNEL

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No funding is included for acquisition personnel within the OE
appropriation as proposed by the House. The Senate bill proposed
the transfer of $82,215,000 to this appropriation from the Acquisition, Construction, and Improvements (AC&I) appropriation. Bill
language is included to allow Coast Guard to transfer up to five
percent of the OE appropriation to the AC&I appropriation for personnel, compensation and benefits with notice to the Committees
on Appropriations within 30 days of the transfer.

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OPERATIONS SYSTEM CENTER
The amended bill provides $3,600,000 for planning and design of
an expansion to the Coast Guard Operations System Center, subject to the approval of a prospectus, as detailed in the Senate report.
LONG RANGE AIDS

TO

NAVIGATION (LORAN)–C

The budget request proposed terminating the LORAN–C program. This decision was made before the National Space Based Position Navigation and Timing Executive Committee recommended
the administration pursue ELORAN as a national positioning,
navigation and timing backup. Furthermore, a coordinated Executive Branch policy on the future of the LORAN–C system is still
being considered. In recent correspondence to the Committees on
Appropriations, the Coast Guard indicated that a full analysis of
the LORAN–C system will not be completed until March 1, 2008.
Therefore, the Committees on Appropriations deny the request to
terminate the LORAN–C program and assume its continuation in
fiscal year 2008.
RESPONSIVENESS
The Coast Guard Chief of Staff is directed to brief the Committees on Appropriations within one month from the date of enactment of this Act detailing measures that will be implemented to
correct Coast Guard delays in responding to Committee questions
as discussed in the House report.
MULTI-CREWING PERFORMANCE METRICS
The Coast Guard is directed to provide quarterly briefings to the
Committees on Appropriations on the performance of its assets that
are multi-crewed as detailed in the House report.
A–76
The Committees on Appropriations are concerned that Coast
Guard has decided to contract out the administration of its ‘‘competitive sourcing’’ program and OMB Circular A–76 program to a
private sector firm. Coast Guard is directed to brief the Committees on Appropriations on how many federal employees are dedicated to these programs, the responsibilities of the private sector
firm, and the reason for the increase in A-76 activity at Coast
Guard.
AIRBORNE USE

OF

FORCE

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The Committees on Appropriations agree to the $21,500,000 reduction requested by the President to eliminate funding for leased
armed helicopters and as proposed by the Senate. Coast Guard
plans to replace eight leased helicopters with ten Coast Guard Airborne-Use-of-Force equipped, re-engined HH–65C helicopters.

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1059
REALIGNMENT

AND

TRANSFORMATION ORDERS

The Coast Guard is directed to submit a report describing and
assessing each of the 10 realignment and transformation orders as
detailed in the Senate report. GAO is directed to review the Coast
Guard report no later than 120 days after its submittal to the Committees on Appropriations. As part of its review, GAO is directed
to assess the benefits and drawbacks of including all funding for
Coast Guard personnel within the OE appropriation.
BASE REALIGNMENT

AND

CLOSURE IMPACT

Coast Guard is directed to brief the Committees on Appropriations on the impact of base closures and realignments on Coast
Guard facilities, as detailed in the Senate report.
MISSION HOUR EMPHASIS

AND

ACQUISITION REPORTS

Coast Guard is directed to continue submitting quarterly mission
hour emphasis and acquisition reports to the Committees on Appropriations consistent with the deadlines articulated under section
360 of Division I of Public Law 108–7 as detailed in the Senate report.
COAST GUARD ACADEMY PIER

FOR

EAGLE

Coast Guard is directed to report no later than February 5, 2008,
to the Committees on Appropriations on the current condition and
future intentions with respect to repair/replacement of the pier
used to winter-berth the CGC Eagle at the Coast Guard Academy
as detailed in the Senate report.
NATIONAL INTERESTS

IN THE

POLAR REGIONS

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The Committees on Appropriations are concerned about Coast
Guard’s ability to meet its polar operations mission requirements
and provide the United States with the capability to support national interests in the polar regions. These mission requirements
include, but are not limited to: global reach to the North and South
poles; monitoring of U.S.-bound vessel traffic transiting international waterways in the far north; support of the International
Ice Patrol; and support of other governmental and scientific organizations in pursuit of marine and atmospheric science activities in
the polar regions. The Committees on Appropriations are specifically concerned whether Coast Guard’s aging polar icebreaking
fleet can meet current mission performance goals and whether this
fleet and the service’s small cadre of specialized polar operations
personnel are capable of meeting projected mission performance
goals in light of changing environmental conditions and increased
activity in the polar regions. The National Academy of Sciences
made several recommendations in this regard in September 2006,
but the Administration has taken no action to implement those recommendations.
Therefore, the Commandant is directed to submit a comprehensive polar operations report that fully assesses the Coast Guard’s
ability to meet current and projected polar mission requirements
and includes an evaluation of how Coast Guard’s current capabili-

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1060
ties and resources must be adapted or enhanced to account for
changing environmental conditions and increased activity in the
polar regions. This report is to include an analysis of the need for
any permanent, forward operating presence in the polar regions in
order to meet mission requirements and an assessment of the
Coast Guard’s ability to meet the requirements of partner agencies
operating in the polar regions, such as the National Science Foundation (NSF) and the Departments of Commerce and Defense,
under current and projected environmental conditions. Finally, this
report should include an appraisal of the sustainability of the current operations and maintenance cost sharing arrangement between the Coast Guard and NSF to support both current and projected polar icebreaker operations.
MARITIME DOMAIN AWARENESS CAPACITY

FOR

PACIFIC OCEAN

Coast Guard is directed to report by February 5, 2008, on the
current maritime domain awareness capacity for the remote and
western Pacific Ocean, and include an assessment of remote sensing technology necessary to enhance this capacity, as detailed in
the Senate report.
ENVIRONMENTAL COMPLIANCE AND RESTORATION

The amended bill provides $13,000,000, instead of $12,079,000 as
proposed by the Senate and $15,000,000 as proposed by the House.
Additional funding is provided to begin to reduce the current backlog totaling $109,663,299.
RESERVE TRAINING

The amended bill provides $126,883,000 as proposed by the Senate and House.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(INCLUDING RESCISSIONS OF FUNDS)

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The amended bill provides $1,125,083,000 for Acquisition, Construction and Improvements instead of $1,048,068,000 as proposed
by the Senate and $941,767,000 as proposed by the House. Of this
amount, $95,800,000 is designated as emergency. Funding is provided as follows:

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Vessels:
Response boat medium ...................................................................

$45,000,000

Subtotal, vessels ...............................................................

45,000,000

Other Equipment:
Nationwide Automatic Identification System ..............................
Rescue 21 ........................................................................................
High frequency recapitalization ....................................................
National Capital Region air defense .............................................
Defense messaging system .............................................................
Maritime security response team-shoothouse ..............................
Interagency Operational Centers ..................................................

12,000,000
80,300,000
2,500,000
11,500,000
5,000,000
1,800,000
60,000,000

Subtotal, Other Equipment .............................................

173,100,000

Shore Facilities and Aids to Navigation:
Survey and design, shore operational & support projects ...........

1,337,000

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1061
Rebuild Station Marquette ............................................................
Rescue Swimmer Training Facility ...............................................
Construct duty boating, Station Washington ...............................
Waterways aids to navigation .......................................................
Housing—Cordova, Alaska ............................................................
Rebuild station and waterfront at Base Galveston, Phase I .......
Sector Buffalo ..................................................................................

6,000,000
13,300,000
2,180,000
2,500,000
7,380,000
5,200,000
3,100,000

Subtotal, Shore Facilities and Aids to Navigation ........

40,997,000

Personnel and Related Support:
Direct personnel costs ....................................................................
AC&I core ........................................................................................

82,215,000
505,000

Subtotal, Personnel and Related Support ......................

82,720,000

Integrated Deepwater System:
Aircraft:
Maritime patrol aircraft ..........................................................
HH–60 conversion projects .....................................................
HC–130H conversion/sustainment projects ...........................
HH–65 conversion project .......................................................
Armed helicopter equipment ..................................................
C–130J fleet introduction .......................................................

170,016,000
57,300,000
18,900,000
50,800,000
24,600,000
5,800,000

Subtotal, Aircraft .............................................................

327,416,000

Surface Ships:
National security cutter ..........................................................
Patrol boats sustainment ........................................................
IDS small boats .......................................................................
Medium endurance cutter sustainment ................................

165,700,000
40,500,000
2,700,000
34,500,000

Subtotal, Surface Ships ...................................................
C4ISR .......................................................................................
Technology obsolescence prevention ......................................
Logistics ...................................................................................
System engineering and management ...................................
Government program management .......................................

243,400,000
89,630,000
700,000
36,500,000
35,145,000
50,475,000

Subtotal, Integrated Deepwater System ........................

783,266,000

Rescissions:
UAV funding ...................................................................................
OPC unobligated balances .............................................................

¥33,821,524
¥98,627,476

Subtotal, rescissions .........................................................

¥132,449,000

Total, Acquisition, Construction and Improvements .....

$992,634,000

ACQUISITION PROJECT INFORMATION
As detailed in the House report, Coast Guard is directed to relay
acquisition project metrics to the Committees on Appropriations
and to include outyear funding estimates by asset in the quarterly
acquisition report.

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RESPONSE BOAT-MEDIUM
The Committees on Appropriations provide $45,000,000 for the
response boat-medium (RB–M) instead of $9,200,000 as proposed
by the House and the Senate. Additional funding is provided to
support the acquisition of fourteen additional RB–Ms. Recent studies have identified the lack of response boats as an impediment to
fully implementing Coast Guard’s mission requirements.

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INTERAGENCY PORT SECURITY OPERATIONAL CENTERS
The Committees on Appropriations provide $60,000,000 for interagency port security operational centers as proposed by the Senate
instead of no funding proposed by the House. This funding is provided to implement section 108 of the SAFE Port Act. Within the
total, up to $9,100,000 may be obligated for Command 21. Coast
Guard is directed to submit an expenditure plan for interagency
operational centers as detailed by the Senate. Further, the Commandant of the Coast Guard is directed to submit to the Committees on Appropriations a report on the implementation and use of
interagency operational centers for port security under section
70107A of title 6, United States Code. The report should include:
(1) a detailed description of the progress made in transitioning
Project Seahawk in Charleston, South Carolina, from the Department of Justice to Coast Guard, including all projects and equipment associated with that project; (2) a detailed description of the
actions being taken to assure the integrity of Project Seahawk and
ensure there is no loss in cooperation between the agencies specified in section 70107A(b)(3) of title 46, United States Code; and (3)
a detailed description and explanation of any changes in Project
Seahawk as of the date of the report, including any changes in Federal, State, or local staffing of that project. This direction is in lieu
of the Senate proposed general provision.
RESCUE 21
The Committees on Appropriations provide $80,300,000 for Rescue 21, instead of $80,800,000 as proposed by the House and the
Senate. The Committees on Appropriations are concerned with recent information concerning outages experienced by the Rescue 21
system, essentially rendering the system useless during those instances. Within the last year over 394 outages have been recorded
by Coast Guard in seven locations. Included within this: Atlantic
City reported three outages lasting more than 11 hours each; the
Eastern Shore reported one outage lasting more than 12 hours and
seven outages lasting more than two hours each; Mobile reported
12 outages ranging from 4.3 to 14.9 hours; and St. Petersburg reported ten outages ranging from 4.1 to 14.8 hours. While outages
undoubtedly occurred with the legacy rescue system, outages with
this new system should be minimized and controlled as increased
availability and reliability are the cornerstones of the Rescue 21
system. It is unclear if this outage problem has been addressed.
Coast Guard must address this problem before new locations are
added to the system. Coast Guard is directed to provide quarterly
briefings on the status of this program, including plans to address
outages.
DEEPWATER EXPENDITURE PLAN

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The amended bill requires Coast Guard to submit an expenditure
plan for Deepwater that contains the following: lifecycle staffing
and training needs; identification of procurement competition and
procurement plans that do not rely on a single entity or contract
and contain only limited indefinite delivery, indefinite quantity
contracts; activities, milestones, yearly costs, and lifecycle costs of

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each major asset, including independent cost estimates; DHS Chief
Human Capital Officer certification of sufficient human capital capabilities; identification of project balances by fiscal year and operational gaps for each asset; DHS Chief Procurement Officer (CPO)
certification of investment management process compliance; DHS
CPO certification of compliance with Federal acquisition rules and
action taken to address areas of noncompliance; status of open IG
and GAO recommendations; and identification of the use of the Defense Contract Auditing Agency. GAO is directed to continue oversight of the Deepwater program, with focus on review of the expenditure plan and assessment of the operational gaps identified
by the Coast Guard and Coast Guard’s plans to address these gaps.
Coast Guard is directed to brief the Committees on Appropriations
on the process it will use to resolve deviations from specified contract requirements and to promptly notify the Committees on Appropriations of specific procurement contract deviations.
MARITIME PATROL AIRCRAFT
The Committees on Appropriations provide $170,016,000 for the
maritime patrol aircraft as proposed by the Senate instead of the
$100,000,000 as proposed by the House. Bill language is included
providing that $70,000,000 of this amount may not be obligated
until Coast Guard certifies that this aircraft has completed developmental testing and evaluation (DT&E). The Committees on Appropriations are concerned about the significant shortfall of maritime patrol aircraft (MPA) resource hours currently confronting
Coast Guard. Coast Guard currently estimates that it will be nearly 50 percent below its MPA resource hour needs in 2008. This
shortfall is the result of multiple factors, including the significant
loss of legacy aircraft over the last 16 years, and is exacerbated by
delays in DT&E and formal acceptance of the replacement MPA as
integration problems with the mission pallet are solved. The failure
to develop a cogent Unmanned Aerial Surveillance program is also
threatening the long-term plan to mitigate this significant gap.
Similar to the patrol boat mission hour shortfall, Coast Guard let
this gap languish for several years before recognizing it as a substantial problem. Maritime intelligence and surveillance capabilities are critical for Coast Guard’s effective execution of its maritime
safety and security mission. Therefore, Coast Guard is directed to
analyze short term stop-gap measures to address its MPA capability needs until its large-scale acquisitions are in full operation.
Coast Guard should utilize outside experts to assist with this analysis and brief the Committees on Appropriations on the results of
this analysis within six months from the date of enactment of this
Act. Coast Guard is directed to continue to keep the Committees
on Appropriations informed of the progress of the DT&E of the
MPA and to provide updated details on cost and schedule resulting
from the delayed acceptance of the MPA mission pallet.
C–130J MISSIONIZATION

AND

FLEET INTRODUCTION

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The Committees on Appropriations provide $5,800,000 for fleet
introduction of the C–130Js, as proposed by the House and the
Senate. The requested funds were to continue missionization of six

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C–130J aircraft to include radars, sensors, identification systems,
displays, antennas, and a mission operator’s station. The Committees on Appropriations understand that the missionization project
has experienced an increase in estimated cost that exceeds eight
percent of the total contracted cost and Coast Guard has directed
an independent audit of the project. Pending approval of a remediation plan to address the cost overrun, Coast Guard does not intend to expend funds missionizing C–130J four through six. Coast
Guard is directed to brief the Committees on Appropriations no
later than 45 days after enactment of this Act on the impact of
missionization delays on full fleet introduction; remediation plans
to address the cost overrun; and plans to address the gap in flight
hours lost due to project delays.
NATIONAL SECURITY CUTTER
The Committees on Appropriations provide $165,700,000 for the
National Security Cutter (NSC) as proposed by the Senate instead
of $105,800,000 as proposed by the House. Since the House and
Senate bills passed, Coast Guard revised its budget request to reflect changes in projected spending and need for additional funds
for the first three NSCs. In August 2007, Coast Guard entered into
a Consolidated Contract Action to resolve all outstanding cost overruns incurred by the contractor due to economic and customer
changes that have occurred over the past four years. As a result,
the Committees on Appropriations provide funding consistent with
the revised request for Government Furnished Equipment, certifications and logistics for NSC #3 and #4, as well as long lead material for the fourth NSC.
REPLACEMENT PATROL BOAT
The replacement patrol boat procurement is critically needed
given the significant gap in patrol boat hours and the delays of the
Fast Response Cutter (FRC) program. Coast Guard is directed to
provide bimonthly briefings to the Committees on Appropriations
on the status of this procurement, including critical decision points
and dates, planned service life extensions of existing 110-foot patrol
boats, and patrol boat operational metrics.
RESCISSIONS
The amended bill rescinds $132,449,000 in unobligated balances
for the Offshore Patrol Cutter and the Unmanned Aerial Vehicle.
Both of these programs are in a state of pre-acquisition and development. Funding has been provided in the Research, Development,
Test, and Evaluation appropriation for Coast Guard to study the
application of unmanned aerial systems.
SECTOR NEW ORLEANS

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Public Law 109–148 provided funding for Coast Guard to repair
the Sector New Orleans facility damaged as a consequence of Hurricane Katrina. The Committees on Appropriations clarify that this
funding should be used for repair, construction, or reconstruction.

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ALTERATION OF BRIDGES

The amended bill provides $16,000,000 for Alteration of Bridges
as proposed by the House and Senate. Within this total, funds shall
be allocated as follows:
Burlington Northern Railroad Bridge in Burlington, Iowa ................
Canadian Pacific Railway Bridge in LaCrosse, Wisconsin .................
Chelsea Street Bridge in Chelsea, Massachusetts ..............................
Elgin, Joliet, and Eastern Railway Company Bridge in Morris, Illinois ......................................................................................................
Fourteen Mile Bridge in Mobile, Alabama ..........................................
Galveston Causeway Bridge in Galveston, Texas ...............................

$1,000,000
3,500,000
2,000,000

Total ..................................................................................

$16,000,000

2,000,000
3,750,000
3,750,000

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

The amended bill provides $25,000,000 for Research, Development, Test, and Evaluation instead of $17,583,000 as proposed by
the House and $25,583,000 as proposed by the Senate. Additional
funding above the request is for priority research to determine the
most effective unmanned aerial system to operate off the NSC and
for increased research on ways to best manage ballast water to prevent the introduction and spread of aquatic invasive species. Coast
Guard is directed to brief the Committees on Appropriations on the
preliminary results of the unmanned aerial system research.
RETIRED PAY

The amended bill provides $1,184,720,000 as proposed by both
the House and the Senate.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES

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The amended bill provides $1,381,771,000 for U.S. Secret Service
Salaries and Expenses instead of $1,392,171,000 as proposed by
both the House and the Senate. This includes: $853,690,000 for
protective functions, including $85,250,000, as requested, for Presidential candidate nominee protection, $1,000,000 for National Special Security Events, $32,796,000 for relocation of the Joint Operations Center, and $16,201,000 for White House mail screening;
and $300,193,000 for investigations and field operations.
The following table specifies funding by budget program, project,
and activity:

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Headquarters Management and Administration ................................
Protection:
Protection of Persons and Facilities ..............................................
Protective Intelligence Activities ...................................................
National Special Security Event Fund .........................................
White House mail screening ..........................................................
Presidential candidate nominee protection ..................................

693,535,000
57,704,000
1,000,000
16,201,000
85,250,000

Subtotal, Protection .........................................................

853,690,000

Investigations:
Domestic field operations ...............................................................
International field office administration operations ....................
Electronic Crimes Special Agent Program and Electronic
Crimes Task Forces ....................................................................

219,742,000
27,520,000

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175,934,000

44,565,000

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Support for missing and exploited children .................................

8,366,000

Subtotal, Investigations ...................................................

300,193,000

Training:
Rowley Training Center ........................................................................

51,954,000

Total, Salaries and Expenses ..........................................

1,381,771,000

FINANCIAL MANAGEMENT
The Committees on Appropriations note the Secret Service has
had difficulty managing its program budgets within appropriated
program, project, and activity levels. The Congress appropriated
independent protection and investigations budgets for the Secret
Service in fiscal year 2007 to reinforce the importance of adequate
financial controls. The Committees on Appropriations agree to return the Secret Service budget structure to a single ‘‘Salaries and
Expenses’’ account as proposed by both the House and Senate, and
do not include a more restrictive reprogramming threshold for the
Secret Service, as proposed by the House. The Secret Service is directed to brief the Committees on Appropriations at least quarterly
on its budget execution, specifically detailing any modifications to
appropriated program, project and activity levels. Since fiscal year
2008 includes a significant portion of the workload associated with
the Presidential campaign, it will be critical for the Secret Service
to pay close attention to any variance in costs associated with candidate protection. The Secret Service is further directed to ensure
the necessary financial controls are in place to comply with section
503 of this Act.
SECRET SERVICE OVERTIME WORKLOAD
The Committees on Appropriations do not include a statutory
provision proposed by the House limiting annual Secret Service
overtime payments to no more than $35,000 for any individual employee, unless waived by the Secretary of Homeland Security.
While other DHS law enforcement agencies are able to manage
their overtime budgets within this threshold, the Secret Service
contends that the specific demands of its missions, combined with
antiquated personnel and payroll systems, preclude the agency
from compliance with this requirement. The Secret Service is directed to brief the Committees on Appropriations before January 1,
2009 on the number of agency employees who exceed $35,000 in
annual overtime payments during fiscal year 2008.

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NON-STATUTORY PROTECTIVE DETAILS
The Secret Service, as directed by the Executive Office of the
President’s Office of Administration, has disregarded a law signed
by the President on October 4, 2006. That statute mandated that
starting in fiscal year 2008, the Secret Service spend its budget to
protect only the President, Vice President, Secretary of Homeland
Security, and those authorized in 8 U.S.C. 3056(a), and that the
cost of protecting any other individuals be borne by the agency employing the protected individual. Nevertheless, the fiscal year 2008
budget request for the Secret Service included $3,100,000 to pay for

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1067
the protection of those not authorized in 8 U.S.C. 3056(a). This disregard of the law is unacceptable.
Subsequent to submission of the fiscal year 2008 budget, the Director of the Secret Service informed the Committees that this cost
could be absorbed within the agency’s base budget. As a result, the
Committees on Appropriations deny the request for an additional
$3,100,000 and direct the Secret Service either to recoup these
costs through reimbursable agreements, or reduce budgets for other
activities to offset the cost of protecting these individuals. The Secret Service is directed to provide the Committees on Appropriations a quarterly briefing at the appropriate level of classification
about who it protects, at what cost, and why.
WHITE HOUSE MAIL PROCESSING
The Committees on Appropriations provide $16,201,000 for the
cost of screening mail sent to the White House complex as proposed
by the House and instead of $26,601,000 as proposed by the Senate. While additional funds had been requested for the purchase of
new equipment for the White House mail screening facility currently under construction, that building project has been delayed
and the Secret Service expressed doubt that these funds can be obligated during the coming fiscal year.
The Secret Service is directed to explain to the Committees on
Appropriations as part of its fiscal year 2009 budget justification
the allocation of mail screening responsibilities and budgetary resources between the Secret Service and the Executive Office of the
President, as detailed in the House report. The Committees on Appropriations are unsure why on-going operating costs for White
House mail screening should be borne by the Secret Service, since
mail screening is a routine administrative cost associated with
White House operations.
E STREET CLOSURE
The Committees on Appropriations direct the Secret Service to
submit a report, developed jointly with the relevant agencies and
delivered concurrently with the fiscal year 2009 budget, on the
agency’s plan for improving the security and aesthetic conditions of
E Street, as detailed in the House report.
HELICOPTER DEPLOYMENTS
The Secret Service is directed to provide a briefing to the Committees on Appropriations on Federal costs incurred by fiscal year
since 1997 for all Secret Service-requested helicopter deployments,
as detailed in the House report.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

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The conferees provide $3,725,000 for United States Secret Service Acquisition, Construction, Improvements, and Related Expenses
as proposed by the House and Senate.

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TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND
RECOVERY
NATIONAL PROTECTION

AND

PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

The amended bill provides $47,346,000 for Management and Administration instead of $40,346,000 as proposed by the House and
$30,000,000 as proposed by the Senate. The Committees on Appropriations consolidate and provide $9,412,000 for Departmental risk
management and analysis, as proposed by the House. This amount
includes up to $1,000,000 for the National Academy of Sciences to
review the Department’s approach to measuring risk, as discussed
in the House report. Of the total provided for Management and Administration, $5,000,000 of the appropriation is withheld from obligation until the Department provides an expenditure plan to the
Committees on Appropriations.
SHARED SERVICES
In the Statement of Managers accompanying the Department of
Homeland Security Appropriations Act of 2007 (Public Law 109–
295), the conferees directed the Government Accountability Office
(GAO) to review the use of ‘‘shared services’’ at the Preparedness
directorate, which was the bureaucratic precursor to the National
Protection and Programs directorate. GAO found that the Preparedness directorate used none of the legal authorities available
to it to move resources between appropriations to fund its ‘‘shared
services’’ initiatives. GAO concluded that the directorate’s actions
were not adequate to establish the valid intra-agency agreements
necessary to fulfill Economy Act requirements for funds transfers,
and that the directorate did not execute any of the official documents required by law. The GAO report points out the Department
may be able to use the account adjustment statute to ‘‘adjust expired fiscal year 2006 directorate appropriations to correct these errors. If any of the appropriations that funded the directorate do not
have available unobligated balances to cover the adjustments, the
directorate should report an Antideficiency Act violation.’’
The Committees on Appropriations direct the Department to respond to GAO’s legal opinion, to balance the former Preparedness
directorate’s books, and, if it cannot do so using the account adjustment statute, report an Antideficiency Act violation.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

The amended bill provides $654,730,000 for Infrastructure Protection and Information Security (IPIS) instead of $532,881,000
proposed by the House and $522,099,000 proposed by the Senate.
This amount includes an additional $115,000,000 for Cyber Security requested in the President’s budget amendment submitted on
November 6, 2007. Funding is allocated as follows:

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Infrastructure Protection:
Identification and Analysis ............................................................
Coordination and Information Sharing ........................................
Mitigation Programs ......................................................................
Cyber Security .......................................................................................

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$69,522,000
68,821,000
134,253,000
210,413,000

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National Security/Emergency Preparedness Telecommunications:
Priority Telecommunications .........................................................
Next Generation Networks ............................................................
Programs to Study and Enhance Telecommunications ...............
Critical Infrastructure Protection .................................................
Office of Emergency Communications .................................................

82,821,000
21,100,000
16,000,000
16,100,000
35,700,000

Total, Infrastructure Protection and Information Security .................................................................................

654,730,000

NATIONAL INFRASTRUCTURE PROTECTION PLAN (NIPP)
The Committees on Appropriations provide $31,702,000 for NIPP
implementation, instead of $40,702,000 proposed by the House. The
Committees on Appropriations provide $19,519,000 for related sector-specific agency management, instead of $21,519,000 proposed
by the House. The Assistant Secretary for Infrastructure Protection
is directed to provide the Committees on Appropriations with semiannual briefings on progress implementing the NIPP, instead of
quarterly briefings as directed in the House report.
CRITICAL INFRASTRUCTURE WARNING NETWORK (CWIN)
The Committees on Appropriations provide $8,896,000 for CWIN,
instead of $12,896,000 proposed by the House.
CHEMICAL FACILITY SECURITY REGULATIONS
The Committees on Appropriations provide $50,000,000 for implementation of chemical facility security regulations by the Assistant Secretary of Infrastructure Protection, instead of $40,000,000
proposed by the Senate.
SECURE HANDLING

OF

AMMONIUM NITRATE

At the request of the authorizing committees of jurisdiction, the
Committees on Appropriations have included a statutory provision
establishing a registration system for producers, sellers, and purchasers of ammonium nitrate, as proposed by the Senate. Within
60 days of enactment of this Act, the Deputy Under Secretary for
Protection and Programs is directed to provide the Committees on
Appropriations a plan to implement this new provision, including
an analysis of the resources required to do so, and a proposal for
reallocating funding within the National Protection and Programs
Directorate budget to fund this initiative.
NATIONAL INFRASTRUCTURE SIMULATION
(NISAC)

AND

ANALYSIS CENTER

The Committees on Appropriations provide $20,000,000 for
NISAC instead of $24,348,000 proposed by the House and
$25,000,000 as proposed by the Senate.
BOMBING PREVENTION

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The Committees on Appropriations provide $10,043,000 for the
Office for Bombing Prevention (OBP) as proposed by the Senate.
These funds will allow the OBP to continue its critical work building awareness of the threat of improvised explosive devices.

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The Department has not provided the Committees on Appropriations the National Strategy for Bombing Prevention, as required by
the Statement of Managers accompanying the Department of
Homeland Security Appropriations Act of 2007 (Public Law 109–
295). The White House has subsequently released Homeland Security Presidential Directive 19 instructing the Departments of
Homeland Security and Justice, along with other agencies, to develop the same. The Secretary of Homeland Security is directed to
submit this strategy to the Committees on Appropriations as soon
as possible, and if unable to do so by the deadline noted in this
statement, to explain in writing the cause of the delay.
INFRASTRUCTURE MONITORING
The National Infrastructure Protection Plan identifies national
monuments and icons as a vulnerable sector of the nation’s infrastructure, since attacks against these treasures offer high symbolic
value to those who would do our country harm. Unlike privately
owned infrastructure, however, national monuments and icons belong to the entire citizenry, and therefore require Federal resources
to ensure their protection. The Committees on Appropriations provide $2,000,000 for the City of Philadelphia’s infrastructure monitoring program, which will help safeguard that community’s historic sites.
NATIONAL COMPUTER FORENSICS TRAINING INSTITUTE
The information requirement about establishment of the National Computer Forensics Training Institute, as directed by the
House report, has been fulfilled.
CYBER SECURITY TRAINING
The Committees on Appropriations are concerned State and local
officials are not prepared to respond to attacks on cyber infrastructure. The National Cyber Security Division’s (NCSD) ‘‘CyberStorm’’
exercises highlight the modes and methods of cyber attacks, but
there remains a need for more routine and practical cyber security
training at the State and local level. The Center for Infrastructure
Assurance and Security at the University of Texas at San Antonio
has developed a structured approach to preparing State and local
officials for possible cyber attacks. The ‘‘Community Cyber Security
Maturity Model’’ (CCSMM) and training programs help increase
the readiness of those who are likely to receive early notification
of attacks on computer networks, control systems, or other cyber
infrastructure. The Committees on Appropriations direct
$4,000,000 for the further development, evaluation, and implementation of the CCSMM training curriculum and to deliver training
to at least three States, selected on a competitive basis, to improve
their cyber security response capabilities.
NEXT GENERATION NETWORKS

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The Committees on Appropriations provide $21,100,000 for Next
Generation Networks as proposed by the Senate instead of
$18,065,000 as proposed by the House.

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INTEROPERABLE COMMUNICATIONS IN
REGION

THE

NATIONAL CAPITAL

The presence of the Federal government in the National Capital
Region, along with the multiple jurisdictions that surround the District of Columbia, create unique communications challenges for
Federal, State, and local officials. Several capital-area jurisdictions,
along with select Federal agencies, have addressed many of these
challenges by implementing the Capital Wireless Information Network (CapWIN) system. The Committees on Appropriations provide
$6,100,000 for full deployment of CapWIN across the National Capital Region.
OFFICE

OF

EMERGENCY COMMUNICATIONS

The Committees on Appropriations provide $35,700,000 for the
Office of Emergency Communications (OEC) instead of $45,700,000
as proposed by the House and $45,915,000 as proposed by the Senate. The Committees on Appropriations note that OEC has not obligated $12,000,000 in interoperability resources made available in
the fiscal year 2007 emergency supplemental. The Committees on
Appropriations recognize that one of the most important roles OEC
may play is to provide technical assistance to State and local entities working toward emergency communications interoperability,
and urge OEC to accelerate its efforts to help these entities achieve
interoperability.
INTEGRATED WIRELESS NETWORK
The Department is directed to report to the Committees on Appropriations on efforts at the Office of Emergency Communications
to address shortcomings identified by the Department of Justice Office of Inspector General on the Integrated Wireless Network
(IWN) project, as directed in the House report.
NATIONAL STRATEGY

ON

CLOSED CIRCUIT TELEVISION

The Department is directed to provide the Committees on Appropriations a national strategy on closed circuit television, as proposed in the Senate bill.
CRITICAL INFRASTRUCTURE VULNERABILITY
The Committees on Appropriations direct the Department to use
no funds to limit implementation of Homeland Security Presidential Directive 7, as proposed by the House.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY

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The amended bill provides $475,000,000 for United States Visitor
and Immigrant Status Indicator Technology (US–VISIT), instead of
$462,000,000 as proposed by the House and $362,000,000 as proposed by the Senate, and of which $275,000,000 is designated
emergency funding. $13,000,000 above the request is included to
expedite implementation of an air and sea exit solution. As in recent years, the Committees on Appropriations retain a requirement

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for an expenditure plan and provide that $125,000,000 shall not be
available for obligation until the plan has been reviewed by the
Government Accountability Office and approved by the Committees
on Appropriations. The plan need not include submission of a new
strategic plan, as proposed by the House; however, it shall include
detailed information on implementation of biometric exit solutions
and the management of identity services. The Department is also
directed to continue to provide quarterly reports on US–VISIT implementation, to include coordination with the Western Hemisphere Travel Initiative, the Secure Border Initiative, and other
DHS efforts related to border security and interdiction of terrorist
travel.
UNIQUE IDENTITY
The Committees on Appropriations strongly support efforts
aimed at achieving real-time interoperability between the DHS
Automated Biometric Identification System (IDENT) and the FBI’s
Integrated Automated Fingerprint Identification System (IAFIS),
and completing the transition to a standard of capturing all 10 fingerprints of visitors to the United States. This collective effort has
been combined with the assignment to US–VISIT of the mission to
manage an interagency database of biometric data from multiple
sources now referred to as ‘‘Unique Identity’’. The Committees on
Appropriations are concerned with the organizational alignment of
US–VISIT to all DHS and other participating agencies, and especially US–VISIT’s capacity to fulfill the mission requirements of the
Unique Identity initiative. The program office is directed to continue providing joint quarterly briefings on all aspects of implementing Unique Identity.
EXIT
The Committees on Appropriations are frustrated that, after
years of pilot testing, no viable air, sea, or land exit capability has
been integrated within the US–VISIT system. While the Committees on Appropriations are concerned about the prospects of the Department’s implementation of a proposed air exit solution in coordination with the airlines by the end of 2008, they are encouraged
that the program appears to finally be getting much needed attention from senior Departmental management. Therefore, the Committees on Appropriations include $13,000,000 in additional funding to facilitate implementation of exit solutions for air and sea
ports of entry by the end of 2008. The Committees on Appropriations expect DHS to assess whether an exit solution for the land
borders is feasible and, if so, detail the specific steps, funding, and
schedule required to achieve one. If it is not achievable at this
time, the Department is directed to explain its rationale and describe the value of a US–VISIT program that lacks such a solution.
OFFICE

OF

HEALTH AFFAIRS

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The amended bill provides $116,500,000 for Office of Health Affairs (OHA) instead of $117,933,000 as proposed by the House and
$115,000,000 as proposed by the Senate. Of this amount,
$24,317,000 is for salaries and expenses.

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The Committees on Appropriations provide up to $2,000,000 for
OHA to enter into a grant or contract with the National Academy
of Sciences (NAS) to evaluate the effectiveness of BioWatch, including the reliability of monitoring data and the ability of hospitals
and public health officials to respond based on information received
from those systems. As part of the analysis, NAS should compare
the benefits and costs of generation 2 BioWatch technology with
generation 3 technology. NAS should also assess the cost and benefits of an enhanced national surveillance system that relies on U.S.
hospitals and the U.S. public health system and compare the effectiveness of such a system with the current BioWatch approach. A
final report should be completed before the end of fiscal year 2008
and provided to the Committees on Appropriations.
OHA is currently piloting the Automated Pathogen Detection
System (APDS), a technology similar to other potential generation
BioWatch systems. The Committees on Appropriations are concerned that OHA is not field testing and piloting similar technologies together and urge OHA to incorporate APDS into its Band
system generation field testing and pilot program.
OHA is not directed to evaluate possible health effects associated
with the presence of formaldehyde gas in FEMA trailers and instead FEMA is directed to work with OHA on testing trailer air
quality and developing policies for those people remaining in
FEMA issued trailers.
FEDERAL EMERGENCY MANAGEMENT AGENCY
MANAGEMENT AND ADMINISTRATION

The amended bill provides $664,000,000 for Federal Emergency
Management Agency (FEMA) Management and Administration instead of $685,000,000 as proposed by the House and $678,600,000
as proposed by the Senate. In addition, up to $60,000,000 is available for transfer from the Disaster Relief Fund, of which
$48,000,000 is to support the continuing effort to professionalize
FEMA’s emergency workforce, as proposed by the Senate and
$12,000,000 is for activities related to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The Committees on Appropriations note FEMA’s delay in converting disaster Cadre of Oncall Response Employees (CORE) to full-time status. Therefore,
prior to the obligation of $30,000,000 of the $48,000,000 for the
conversion of positions, FEMA shall submit an implementation
plan to the Committees on Appropriations. The plan shall include
an expenditure plan, a hiring schedule, and a list of positions to
be filled by CORE employees, including where they will be located.
The amended bill contains a provision allowing the transfer of up
to three percent of State and Local programs administrative costs
to Management and Administration.
BUDGET SUBMISSION

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The Committees on Appropriations created one Management and
Administration account for FEMA in the U.S. Troop Readiness,
Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, Public Law 110–28, in May 2007. The amended
bill contains a new provision directing FEMA to submit its fiscal

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year 2009 budget request, including justification materials, by office. Each office and FEMA region shall provide (1) budget detail
by object classification; (2) the number of full-time equivalents on
board; (3) the number of full-time equivalent vacancies; and (4) the
appropriation account(s) used to support the office and the programs managed by the office.
STRENGTHENING CORE COMPETENCIES
The Committees on Appropriations provide $100,000,000 for
FEMA to strengthen its core competencies as proposed by the
House and Senate. FEMA is directed to brief the Committees on
Appropriations no later than March 15, 2008 on progress in
strengthening these core competencies. The briefing should include
details on how this funding has and will be used to improve the
agency’s ability to prevent, prepare for, respond to, and mitigate
disasters.
URBAN SEARCH

AND

RESCUE RESPONSE SYSTEM

The amended bill provides $32,500,000 for the Urban Search and
Rescue Response System instead of $35,000,000 as proposed by the
House and $30,000,000 as proposed by Senate.
OFFICE

OF

NATIONAL CAPITAL REGION COORDINATION

The amended bill provides $6,000,000 for the Office of National
Capital Region Coordination as proposed by the Senate instead of
up to $6,000,000 as proposed by the House. The amended bill contains a provision requiring the inclusion of the Governors of the
State of West Virginia and the Commonwealth of Pennsylvania in
the National Capital Region decision-making and planning process
for mass evacuation.
OFFICE

OF

CHIEF COUNSEL

The Committees on Appropriations are aware stumbling blocks
remain within FEMA, preventing it from transforming into a firstclass proactive emergency management agency. One concern is the
Office of Chief Counsel (OCC), whose role should be to advise
FEMA within the bounds of the law, to best protect and serve
American citizens during emergencies. FEMA is directed to brief
the Committees on Appropriations on plans to revamp OCC to
allow it to better support FEMA’s mission and leadership. The plan
should include office structure, staffing levels, and training.
REGIONAL OFFICES

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FEMA is directed to fulfill the requirements of section 507 of the
Homeland Security Act of 2002, which requires robust FEMA regional offices. Additionally, the Committees on Appropriations recognize the importance of promoting interoperability and strong regional collaboration and direct FEMA to ensure personnel who understand the technical and administrative issues surrounding
interoperability are located in each regional office.

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DISABILITY COORDINATOR
The Committees on Appropriations expect the Department to
fully support the Office of the Disability Coordinator (ODC) as discussed in the Senate report. ODC is directed to work with disability organizations in emergency preparedness and response efforts to ensure the needs of the more than 54 million Americans
with a physical, sensory, or cognitive disability are incorporated
into disaster plans. ODC is further directed to build on longstanding programs, such as the Emergency Preparedness Initiative
program, in order to serve as a resource for the nation on special
needs.
FEDERAL ON-SCENE COORDINATOR
The Committees on Appropriations direct FEMA to provide a
briefing on the toxic pollutant work of the Federal On-Scene Coordinator following Hurricane Katrina.
FEDERAL PREPAREDNESS COORDINATORS
The Committees on Appropriations do not prevent the hiring of
Federal Preparedness Coordinators (FPCs) as proposed by the Senate. The role of FPCs has been clarified by FEMA, alleviating original concerns that the position was duplicative.
EMERGENCY ALERT SYSTEM
The Committees on Appropriations direct FEMA to provide a
briefing on its plans to address GAO’s recommendation on the
shortcomings of the Emergency Alert System. The Committees on
Appropriations are concerned adequate systems are not in place
nationwide to provide information to the public prior to, during,
and after disasters. In particular, a gap remains in the use of an
integrated system combining the use of desktop applications, mobile devices, and the web to educate the public. Therefore, the Committees on Appropriations provide $1,000,000 to pilot technology
that would facilitate the use of direct messaging to the public.
FEMA should share lessons learned with other State and local governments.
DISASTER LOGISTICS
The Committees on Appropriations provide $61,553,000 for disaster logistics as proposed by both the House and Senate. FEMA
is directed to provide quarterly briefings on its progress to improve
its logistics program. FEMA is encouraged to continue to preposition critical supplies needed during disaster response, including
generators, blankets, water, and portable water purification systems near potential disaster areas.
INFORMATION TECHNOLOGY

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The Committees on Appropriations direct FEMA to provide a
five-year plan for its information technology systems ten months
after the date of enactment of this Act as discussed in the Senate
report.

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DOCUMENT MANAGEMENT AND RECORDS TRACKING SYSTEM
The Committees on Appropriations direct FEMA to fully fund, at
no less than $6,000,000, based on competitive award, the completion of the Document Management And Records Tracking System.
NATIONAL FIRE INCIDENT REPORTING SYSTEM
The Committees on Appropriations provide $1,000,000 for development of a web-based version of the National Fire Incident Reporting System. The Committees on Appropriations expect this investment to improve the timeliness and accuracy of data, and help
Federal, State, and local governments identify nationwide trends in
fire and emergency-related deaths and property loss. The United
States Fire Administration should lead this initiative.
INTEGRATING PREPAREDNESS

AND

RESPONSE

The Committees on Appropriations provide up to $1,000,000 for
FEMA to enter into a grant or contract with the National Academy
of Public Administration to review the integration of preparedness
and response programs, as proposed in the House report. This review should focus on organizational structure, hiring plans and
goals, coordination and integration mechanisms, and other areas
FEMA may identify. This study shall be completed by the end of
fiscal year 2008 and provided to the Committees on Appropriations.
NATIONAL RESPONSE FRAMEWORK
The Committees on Appropriations note the National Response
Plan is now called the National Response Framework and the National Preparedness Goal is now called National Preparedness
Guidelines. Neither document is complete, even though these are
critical national documents relied on by State and local governments. The Department is directed to incorporate public comment
and finalize these important documents as soon as possible. The
Committees on Appropriations direct the GAO to evaluate the process used to update the National Response Framework as discussed
in the House report. This review should help the Department make
improvements to the process so that future updates will be more
inclusive of State and local governments.
FEDERAL AGENCY EMERGENCY PREPAREDNESS
The Committees on Appropriations direct FEMA to provide a report regarding the preparedness level of federal agencies designated to lead Emergency Support Functions as discussed in the
Senate report. This report shall be provided to the Committees on
Appropriations 10 months after the date of enactment of this Act.
CHILDREN

AND

DISASTER PREPAREDNESS

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The Committees on Appropriations direct FEMA to assist communities by ensuring disaster preparedness and response education
materials are developed and distributed to children. The needs of
children, who are among the most vulnerable members of the population, are often overlooked when it comes to preparedness and re-

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sponse. Their needs during and following a disaster are vastly different than those of adults.
DISASTER PLANNING GUIDANCE
The Committees on Appropriations recognize guidelines for State
and local communities regarding the needs of individuals with pets
and service animals before, during, and after a disaster have been
issued through the draft National Response Framework, and other
recent documents. FEMA is encouraged to assist communities in
implementing the guidelines as soon as possible.
U.S. FLAG TERRITORIES
The Committees on Appropriations are concerned about the nation’s capacity to respond to disaster victims in the remote areas
of the U.S. Flag Territories in the Pacific Ocean. FEMA is directed
to analyze the regional all-hazard response capacity for this region
and make recommendations as to how it might be improved.
2004 HURRICANES
FEMA is directed to maintain the Florida long-term recovery office as long as there is sufficient work left to be done following the
four 2004 hurricanes that struck the State. FEMA is further directed to notify the Committees on Appropriations prior to closing
the office.
FORMALDEHYDE
The Committees on Appropriations encourage FEMA to continue
the practice of making available alternate housing for disaster victims who request a move due to concerns regarding formaldehyde
exposure in manufactured housing. FEMA is directed to complete
initial testing of formaldehyde levels in manufactured housing,
which began in March 2006, and analyze those results. FEMA shall
continue working with the DHS Office of Health Affairs and the
Centers for Disease Control on testing trailer air quality and developing policies for those remaining in FEMA issued trailers.
The Committees on Appropriations are concerned FEMA does not
have proper controls and processes in place to address emerging
issues, especially health concerns, during disaster recovery. FEMA
is directed to ensure proper training for employees who work directly with disaster victims has been provided so emerging issues
are quickly identified by FEMA and consistent and correct information is distributed to the public in a timely manner. Additionally,
the Committees on Appropriations direct the Inspector General to
report to the Committees on Appropriations, the Senate Committee
on Homeland Security and Government Affairs, and the House
Transportation and Infrastructure Committee regarding FEMA’s
decision-making regarding formaldehyde in trailers.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

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The amended bill provides $3,177,800,000, of which $110,000,000
is designated as emergency, instead of $3,202,000,000 as proposed

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by the House and $3,130,500,000 as proposed by the Senate. State
and Local Programs funding is allocated as follows:
State Homeland Security Grant Program (SHSGP) ...........................
Urban Area Security Initiative (UASI) ................................................
Regional Catastrophic Preparedness Grants .......................................
Metropolitan Medical Response System ..............................................
Citizen Corps Program ..........................................................................
Public Transportation Security Assistance and Railroad Security
Assistance ...........................................................................................
Port Security Grants .............................................................................
Over-the-Road Bus Security Assistance ..............................................
Trucking Industry Security Grants ......................................................
Buffer Zone Protection Program Grants ..............................................
Real ID grants ........................................................................................
Commercial Equipment Direct Assistance Program ...........................
Interoperable Emergency Communications Grant Program ..............
Emergency Operations Centers ............................................................
National Programs:
National Domestic Preparedness Consortium ..............................
Center for Domestic Preparedness ................................................
National Exercise Program ............................................................
Technical Assistance ......................................................................
Demonstration Training Grants ....................................................
Continuing Training Grants ..........................................................
Evaluations and Assessments .......................................................
Rural Domestic Preparedness Consortium ...........................

$950,000,000
820,000,000
35,000,000
41,000,000
15,000,000

Total State and Local Programs .....................................

$3,177,800,000

400,000,000
400,000,000
11,500,000
16,000,000
50,000,000
50,000,000
25,000,000
50,000,000
15,000,000
88,000,000
62,500,000
50,000,000
12,000,000
28,000,000
31,000,000
19,000,000
8,800,000

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The amended bill contains provisions: (1) allowing the transfer of
up to three percent of State and Local programs dollars to Federal
Emergency Management Agency’s (FEMA) Management and Administration account in order to simplify accounting practices within the agency for administrative costs; (2) designating certain timeframes for grant processing; (3) requiring grantees provide additional reports as determined necessary by the Secretary; and (4) requiring GAO to report on the data, assumptions, and methodology
that DHS uses to assess risk and allocate UASI and SHSGP funds,
including the reliability and validity of the data used, the basis for
the assumptions used, and how the methodology is applied to determine the risk scores for individual locations and the allocation
of grant funds. GAO is to report to the Committees on Appropriations on its findings not later than 45 days after the date of enactment of this Act.
For the purposes of eligibility for funds any county, city, village,
town, district, borough, parish, port authority, transit authority,
intercity rail provider, commuter rail system, freight rail provider,
water district, regional planning commission, council of government, Indian tribe with jurisdiction over Indian country, authorized
tribal organization, Alaska Native village, independent authority,
special district, or other political subdivision of any State shall constitute a ‘‘local unit of government.’’ The recent enactment of the
9/11 Act codified many of the issues previously addressed by the
Committees on Appropriations including: the formula for the distribution of SHSGP; purposes of SHSGP, UASI, and the Law Enforcement Terrorism Prevention Program; circumstances under
which overtime or construction are allowable; State passthrough
requirements for SHSGP, UASI, and Interoperability grants; purposes of transit and railroad security grants; purposes of Over-theRoad bus security grants; and allowable uses of the Public Safety

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Interoperable Communications grant program. Accordingly, language contained in the House and Senate versions of the bill and
report has been substantially modified in the amended bill.
The Committees on Appropriations direct FEMA to work with
the National Protection and Programs Directorate to utilize the results from the National Academy of Sciences study regarding incorporating natural disasters into the risk formula, once it is completed, as detailed in the House report.
The Committees on Appropriations urge the Department to work
with State and local governments to ensure regional authorities,
such as port, transit, or tribal authorities, are given due consideration in the distribution of state formula grants. The Department
is encouraged to consider the need for mass evacuation planning
and pre-positioning of equipment for mass evacuations in allocating
first responder funds.
FEMA is directed, in conjunction with the Office of Health Affairs, to report to the Committee regarding the current state of disaster preparedness capabilities of emergency medical services and
the capabilities required to meet future preparedness goals. This
report is due no later than five months after the enactment of this
Act and shall include an analysis of the gap between current and
target capabilities. FEMA is directed to include in its grants guidance, language requiring State and local governments to include
EMS providers in their Statewide Homeland Security Plans as well
as their UASI plans. If no State or local funding is provided to
EMS, the State should justify lack of funding through demonstrating related targeted capabilities have been met or identify
other pressing priorities.
STATE HOMELAND SECURITY GRANT PROGRAM

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The amended bill provides $950,000,000 for the State Homeland
Security Grant Program (SHSGP). There is no separate line item
for the Law Enforcement Terrorism Prevention Program (LETPP),
in accordance with the 9/11 Act, which mandates that at least 25
percent of SHSGP and Urban Area Security Initiative funds be
used for LETPP activities. The amended bill contains a provision
directing that the Commonwealth of Puerto Rico shall be considered a State in the allocation of grant funds to local and tribal governments.
Included within the amount provided is $60,000,000 for Operation Stonegarden, designated as an emergency. All awards under
Operation Stonegarden shall be made on a competitive basis to
units of local government in counties along land borders of the
United States, including towns, cities, and counties, to enhance the
coordination between local and federal law enforcement agencies.
Eligible costs include, but shall not necessarily be limited to: overtime; vehicle maintenance; vehicle and equipment rental costs; reimbursement for mileage; fuel costs; equipment replacement costs;
and travel costs for law enforcement entities assisting other local
jurisdictions in law enforcement activities.

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URBAN AREA SECURITY INITIATIVE
The amended bill provides $820,000,000 for Urban Area Security
Initiative (UASI) as proposed by the Senate and instead of
$850,000,000 as proposed by the House. Within this funding, the
Committees on Appropriations provide $15,000,000 for grants to
non-profit organizations determined by the Secretary to be at high
risk of terrorist attack. The Secretary shall consider prior threats
or attacks against similar organizations when determining risk,
and shall notify the Committees on Appropriations of the high risk
or potential high risk to each designated tax exempt grantee at
least five full business days in advance of the announcement of any
grant award.
GAO is directed to provide a report to the Committees on Appropriations, which describes the criteria and factors used to determine the regional boundaries for UASI regions, including changes
as a result of the enactment of the 9/11 Act. The report shall also
provide an analysis of how such boundaries impact regional cooperation.
The Committees on Appropriations include language in NPPD related to the Capital Wireless Integrated Network.
REGIONAL CATASTROPHIC PREPAREDNESS GRANTS
The amended bill provides $35,000,000 for Regional Catastrophic
Preparedness grants instead of $50,000,000 as proposed by the
Senate. The House did not include funding. Of this amount
$18,000,000 shall be for tier one UASI regions, no more than
$3,000,000 shall be for technical assistance, and the remaining
funds shall be allocated based on all-hazards. These grants should
fund multi-jurisdictional efforts to promote regional approaches to
catastrophic events, including mass evacuation. The Committees on
Appropriations direct the Department to expeditiously award the
funds provided under this heading and the $35,000,000 provided in
the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007, Public Law 110–28.
FEMA shall brief the Committees on Appropriations by September
15, 2008, on the preparedness assets (fuel, water, communications)
that have been staged and/or deployed pursuant to this program in
this and previous years.
METROPOLITAN MEDICAL RESPONSE SYSTEM
The amended bill provides $41,000,000 for the Metropolitan Medical Response System instead of $50,000,000 as proposed by the
House and $33,000,000 as proposed by the Senate. The Committees
on Appropriations do not include language directing that the grants
be competitively awarded as proposed by the House.
CITIZEN CORPS

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The amended bill provides $15,000,000 for the Citizen Corps program as proposed by the Senate instead of $17,000,000 as proposed
by the House.

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PUBLIC TRANSPORTATION SECURITY ASSISTANCE
SECURITY ASSISTANCE

AND

RAILROAD

The amended bill provides $400,000,000 for Public Transportation Assistance and Railroad Security Assistance. Within the
funding provided, no less than $25,000,000 is for Amtrak.
PORT SECURITY GRANTS
The amended bill provides $400,000,000 for port security grants
as proposed by both the House and the Senate.
OVER-THE-ROAD BUS SECURITY ASSISTANCE
The amended bill provides $11,500,000 for Over-the-Road bus security grants instead of $11,000,000 as proposed by the House and
$12,000,000 as proposed by the Senate.
TRUCKING INDUSTRY SECURITY GRANTS
The amended bill provides $16,000,000 for trucking industry security grants as proposed by the Senate instead of $10,000,000 as
proposed by the House. The funding is to be competitively awarded.
FEMA is directed to submit an expenditure plan as detailed in the
House report.
BUFFER ZONE PROTECTION PROGRAM
The amended bill provides $50,000,000 for the Buffer Zone Protection Program as proposed by the Senate instead of $100,000,000
as proposed by the House.
REAL ID GRANTS
The amended bill provides $50,000,000 for REAL ID grants as
proposed by the House. The total is designated as an emergency.
In addition, States may opt to enhance REAL ID capabilities by
using State homeland security grants for this purpose. The Committees on Appropriations note that no funds were requested for
REAL ID in the President’s budget and provide this funding to assist States in complying with this Federal mandate. Funds are
available until September 30, 2008.
COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM
The amended bill provides $25,000,000 for the Commercial
Equipment Direct Assistance Program instead of $20,000,000 as
proposed by the House and $40,000,000 as proposed by the Senate.
The Committees on Appropriations do not direct the program be
changed to a grant program as proposed by the House.
INTEROPERABLE EMERGENCY COMMUNICATIONS GRANTS

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The amended bill provides $50,000,000 for Interoperable Emergency Communication Grants as proposed by the House instead of
$100,000,000 as proposed by the Senate. This program shall be implemented in accordance with the 9/11 Act. The Committees on Appropriations direct a briefing on the implementation of GAO recommendations contained in GAO–07–031.

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EMERGENCY OPERATIONS CENTERS
The amended bill provides $15,000,000 for Emergency Operations Centers (EOC). The Committees on Appropriations are
aware of the needs of State and local governments for adequate
emergency operations centers to improve unified command capabilities. Therefore funding is included for the equipping, upgrading,
and constructing of EOCs pursuant to section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended by the 9/11 Act.
GRANT MANAGEMENT SYSTEM
The Committees on Appropriations urge FEMA to consider the
use of tracking and accountability systems to assist in managing
grant allocations, distribution, expenditures, and asset tracking,
and encourage usage of multi-state cooperative purchasing agreements.
SLOWNESS

IN

AWARDING GRANTS

The Committees on Appropriations direct FEMA to implement
the law, including the timeframes for issuing State and local grant
funds. It is imperative the agency and the Department take State
and local partners in homeland security seriously by ensuring
needed resources are expeditiously provided for known risks.
NATIONAL PROGRAMS
The amended bill provides $299,300,000 for training, exercises,
technical assistance, and other programs instead of $293,000,000
as proposed by the House and $294,500,000 as proposed by the
Senate.
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM
Included within the amount provided for National Programs,
$88,000,000 is for the National Domestic Preparedness Consortium
as proposed by both the House and Senate. Consortium members
funded in fiscal year 2007 shall receive $22,000,000 pursuant to
the 9/11 Act.
CENTER

FOR

DOMESTIC PREPAREDNESS

Included within the amount provided for National Programs,
$62,500,000 is for the Center for Domestic Preparedness as proposed by the Senate instead of $57,000,000 as proposed by the
House. Within the funding provided, $5,500,000 is for the Noble
Training Center. The amended bill contains language providing the
Center authority to accept reimbursements from others receiving
training.
RURAL DOMESTIC PREPAREDNESS CONSORTIUM

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Included within the amount provided for National Programs,
$8,800,000 is for the Rural Domestic Preparedness Consortium
(RDPC). The RDPC provides technical assistance and training for
terrorism prevention, preparedness, response, and recovery in sup-

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port of rural homeland security requirements. FEMA is directed to
continue the development of specialized and innovative training
curricula for rural first responders and ensure the coordination of
such efforts with existing grants and training partners.
TECHNICAL ASSISTANCE
Included within the amount provided for National Programs,
$12,000,000 is for technical assistance instead of $18,000,000 as
proposed by the House and $14,000,000 as proposed by the Senate.
DEMONSTRATION TRAINING GRANTS
Included within the amount provided for National Programs,
$28,000,000 is for demonstration training grants as proposed by
the Senate. The House included funding for a program which combined the demonstration and continuing training grants. FEMA
shall give priority to training that benefits nation-wide initiatives
including those that identify and disseminate preparedness and response best practices to States and locals and are conducted at or
in cooperation with universities, colleges, and community colleges.
CONTINUING TRAINING GRANTS
Included within the amount provided for National Programs,
$31,000,000 is for continuing training grants as proposed by the
Senate. The House included funding for a program which combined
the demonstration and continuing training grants. The Committees
on Appropriations support programs which consistently deliver
homeland security curricula in the form of executive education programs and accredited Masters Degree education. The Committees
on Appropriations recommend full funding for the graduate-level
homeland security education programs currently supported by the
Department and encourage the Department to leverage these existing programs to meet the growing need for graduate-level education.
EVALUATIONS

AND

ASSESSMENTS

Included within the amount provided for National Programs,
$19,000,000 is for evaluations and assessments as proposed by the
House and the Senate. FEMA shall brief the Committees on Appropriations every six months on results from completed evaluations
instead of the requirement for FEMA to provide the results of all
evaluations within 30 days of completion as proposed by the House.
FIREFIGHTER ASSISTANCE GRANTS

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The amended bill provides $750,000,000 instead of $805,058,000
as proposed by the House and $705,000,000 as proposed by the
Senate. Of this amount, $190,000,000 shall be for firefighter staffing, as authorized by section 34 of the Federal Fire Prevention and
Control Act of 1974, instead of $235,058,000 as proposed by the
House and $145,000,000 as proposed by the Senate. The Committees on Appropriations agree to make $3,000,000 available for implementation of section 205(c) of Public Law 108–169, the United
States Fire Administration Reauthorization Act of 2003 to be com-

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petitively awarded. Grants under sections 33 and 34 of the Federal
Fire Prevention and Control Act of 1974 are available until September 30, 2009, as proposed by the House. FEMA is encouraged
to consider planning and preparation for wildfires in the allocation
of fire prevention programs.
The Committees on Appropriations direct GAO to review the application and award process for the Assistance to Firefighters
(FIRE) grants and Staffing for Adequate Fire and Emergency Response (SAFER) grants as detailed in the House report. FEMA
shall peer-review FIRE and SAFER grant applications which meet
criteria established by FEMA and the Fire Service. Those criteria
necessary for peer-review must be included in the grant application
package. Applicants whose grant applications are not reviewed
must receive an official notification detailing why the application
did not meet the criteria for review. Applications must be rank-ordered, and funded following the rank order.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS

The amended bill provides $300,000,000 as proposed by both the
House and the Senate. The Committees on Appropriations direct
FEMA to retain the Emergency Management Performance Grants
as a separate grant program, and to continue funding personnel expenses. Funds shall be used for all-hazards activities.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The amended bill provides for the receipt and expenditure of fees
collected, as authorized by Public Law 105–276, as proposed by
both the House and the Senate. The Committees on Appropriations
are concerned experiences and lessons learned through the Radiological Emergency Preparedness Program (REPP) are not being
shared with other Department components, and urge greater coordination with the REPP to share lessons learned.
UNITED STATES FIRE ADMINISTRATION

The amended bill provides $43,300,000 as proposed by both the
House and the Senate.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)

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The amended bill provides $1,400,000,000 for Disaster Relief instead of $1,700,000,000 as proposed by both the House and the
Senate. The amended bill contains a provision to allow the transfer
of up to $60,000,000 to FEMA Management and Administration of
which $48,000,000 is for the conversion of 250 temporary disaster
positions into permanent positions and $12,000,000 is for activities
related to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act. In addition, the amended bill contains a provision
to allow the transfer of $16,000,000 to Office of Inspector General
for audits and investigations of disasters. The Committees on Appropriations direct that funds appropriated for Disaster Relief cannot be used to supplement the resources of other DHS offices that
receive a separate appropriation absent explicit authority to do so
in law.

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The amended bill contains a provision requiring the Disaster Relief Fund report be submitted hereafter on a monthly basis. The report is a continuation of the DRF report required in Public Law
109–62, Public Law 109–90, and Public Law 109–295. The requirement to report manufactured housing and hotel and motel data is
deleted. The report must now include allocations, obligations, and
expenditures for Hurricanes Katrina, Rita, Wilma, and all other
open disasters.
The Post-Hazard Mitigation Grant Program is a key component
of mitigation and disaster recovery. Federal investments in post
disaster mitigation activities are leveraged by a unique ‘window of
opportunity’ that exists following a disaster, when perceptions of
risk become clearer and prompt individuals and communities to undertake risk reduction activities they may not have considered in
a pre-disaster context. FEMA is directed to report within 30 days
of the enactment of this Act on the use of post-disaster mitigation
funds, including funds made available after the 2005 hurricanes;
any legislative or administrative obstacles preventing more expedient use of funds; and recommendations for more effective implementation of this program.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

The amended bill provides $580,000 for administrative expenses
and $295,000 for the cost of loans as proposed by both the House
and the Senate. Gross obligations for the principal amount of direct
loans shall not exceed $25,000,000 as proposed by both the House
and the Senate.
FLOOD MAP MODERNIZATION FUND

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The amended bill provides $220,000,000 for flood map modernization instead of $230,000,000 as proposed by the House and
$200,000,000 as proposed by the Senate. FEMA is encouraged to
prioritize as criteria the number of stream and coastal miles within
the State, the Mississippi River Delta region, and the participation
of the state in leveraging non-federal contributions. FEMA is directed to dedicate at least 10 percent of funds provided under this
heading to activities associated with maintaining flood maps that
are at least three years beyond their effective date. The goal should
be to complete maintenance of maps before they are more than five
years beyond their effective date. Map maintenance includes:
studying previously unstudied or under-studied areas; restudying
areas where watershed and/or floodplain conditions have altered
flood hazards; and re-evaluating flood hazards to take into account
new data or methodologies. Cooperating technical partners that
offer significant funding matches should be given priority in allocating map maintenance funding. Up to three percent of awarded
funds may be used by recipients for administrative expenses.
FEMA is directed to brief the Committees on Appropriations regarding the additional needs for a continued Flood Map Modernization program as included in the Senate report. FEMA is encouraged to work with the Army Corps of Engineers to develop accurate
maps reflecting the damage done by Hurricanes Katrina and Rita.
FEMA is further directed to brief the Committees on Appropria-

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1086
tions within 60 days of enactment of this Act on the progress of
flood plain mapping in the Gulf Coast.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)

The amended bill provides $45,642,000 for salaries and expenses
as proposed by both the House and Senate. The amended bill provides $90,000,000 for severe repetitive loss property mitigation expenses under section 1361A of the National Flood Insurance Act of
1968 and a repetitive loss property mitigation pilot program under
section 1323 of the National Flood Insurance Act; and no less than
$99,358,000 for other flood mitigation activities, of which up to
$34,000,000 is available for transfer to the National Flood Mitigation Fund. Total funding of $145,000,000 is offset by premium collections. The amended bill sets limitations of $70,000,000 for operating expenses, $773,772,000 for agents’ commissions and taxes,
and ‘‘such sums’’ for interest on Treasury borrowings.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)

The amended bill provides $34,000,000 by transfer from the National Flood Insurance Fund as proposed by both the House and
Senate.
NATIONAL PREDISASTER MITIGATION FUND

The amended bill provides $114,000,000 for the Predisaster Mitigation Fund as proposed by both the House and Senate.
The amended bill contains a provision requiring all projects funded with the Predisaster Mitigation Fund comply with the criteria
in section 203(g) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
The Committees on Appropriations include the following projects
in the following amounts:

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For infrastructure improvements, analysis, and other activities for
disaster mitigation:
Ludlowville Flood Mitigation project, New York State Emergency Management Office, NY ...................................................
City of Albany, GA .........................................................................
Sumter County Commission, GA ..................................................
City of Neodesha, KS .....................................................................
Adjutant General’s Office of Emergency Preparedness, for
projects in Santee and Manning, SC .........................................
Bosque County, TX .........................................................................
Town of Clifton Park, NY ..............................................................
Calvert County Government, MD .................................................
Charles County Government, MD .................................................
St. Mary’s County Government, MD .............................................
City of Detroit, MI ..........................................................................
City of Coconut Creek, FL .............................................................
City of Emeryville, CA ...................................................................
City of Rye and Village of Rye Brook, NY ....................................
Yardley Borough, PA ......................................................................
City of Stanley, WI .........................................................................
Dalton Fire District, MA ................................................................
Department of Emergency Management for the City and County of San Francisco, CA ..............................................................
City of Arvada, CO .........................................................................

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$200,000
300,000
300,000
200,000
3,000,000
40,000
94,000
187,500
106,500
184,619
1,600,000
200,000
600,000
250,000
250,000
630,000
750,000
1,000,000
200,000

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North Carolina Department of Crime Control and Public Safety, NC ...........................................................................................
City of Los Angeles, CA .................................................................
City of Cudahy, CA .........................................................................
Los Angeles Unified School District, CA ......................................
North Carolina Department of Agriculture, NC ..........................
Jackson County Board of Supervisors, MS ..................................
Town of Dyer, IN ............................................................................
City of St. Charles, MN ..................................................................
Public Works Department of Winona County, MN .....................
City of Louisville’s Emergency Management Agency, KY ..........
Northampton and Lehigh Counties, PA .......................................
Commonwealth of Pennsylvania, Department of Conservation
and Natural Resources, Presque Isle State Park, PA ..............
Cumberland County Public Schools, VA .......................................
City of St. Joseph, MO ...................................................................
City of Kannapolis, NC ..................................................................
Monroe County Office of Emergency Preparedness, NY .............
Sandy Creek Township, City of Franklin, PA ..............................
Pierce County, WA .........................................................................
City of Cumberland, KY .................................................................
University of Kentucky, Department of Civil Engineering, KY
City of Norwalk, CT .......................................................................
Onondaga County, NY ...................................................................
Onondaga County, for Oswego River Basin, NY ..........................
City of St. Petersburg, for shelter hardening, FL ........................
City of St. Petersburg, for facility hardening, FL ........................
City of Fitzgerald, GA ....................................................................
City of Ashburn, GA .......................................................................
Butts County Public Works Department, GA ..............................
City of Monticello, GA ....................................................................
City of Haleyville, AL .....................................................................
City of Myrtle Beach, SC ...............................................................
City of Georgetown, TX ..................................................................
City of Missouri City, TX ...............................................................
For acquisition, demolition and relocation of property for disaster
mitigation:
Chatham County Emergency Management, GA ..........................
City of Davenport, IA .....................................................................
Wayne County Commissioners, PA ...............................................
City of Plymouth, IN ......................................................................
Armstrong County, PA ...................................................................
Holmes County Commission, OH ..................................................
Harris County Flood Control District, TX ....................................
City of Fort Worth, TX ...................................................................
City of Kannapolis, NC ..................................................................
Town of Pembroke, NH ..................................................................
City of Greensburg, KY ..................................................................
Town of Martin, KY ........................................................................
City of Cumberland, KY .................................................................
For risk identification, planning, communication, response coordination, and modeling activities for disaster mitigation:
Des Moines, IA ................................................................................
Radford University, VA ..................................................................
Washington Military Department, WA .........................................
Public Works Department of the City of Santa Cruz, CA ...........
Town of Epsom, NH .......................................................................
Westchester and Rockland Counties, NY .....................................
Village of Elmsford, NY .................................................................
Arlington County, VA .....................................................................
Franklin Regional Council of Governments, MA .........................
North Carolina Department of Crime Control and Public Safety, NC ...........................................................................................
City of Alpine, TX ...........................................................................
City of Del Rio, TX .........................................................................
Lehman College, NY ......................................................................
Broward County, FL .......................................................................
Southeast Missouri State University, MO ...................................

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1,600,000
13,500
65,000
1,000,000
400,000
250,000
550,000
100,000
100,000
200,000
1,000,000
990,000
400,000
1,000,000
625,000
1,000,000
1,000,000
500,000
2,000,000
200,000
505,000
500,000
500,000
750,000
750,000
75,000
75,000
30,000
50,000
1,000,000
500,000
1,000,000
200,000
200,000
200,000
200,000
200,000
1,000,000
200,000
1,000,000
1,000,000
400,000
150,000
500,000
1,350,000
650,000
200,000
200,000
1,000,000
90,000
50,000
1,000,000
30,000
260,000
100,000
3,400,000
100,000
600,000
1,000,000
500,000
430,000

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Williamstown Lake, Grant and Pendleton Counties, KY ............
City of Whitehall, OH ....................................................................
City of Hampton, VA ......................................................................
Santa Clara County, CA ................................................................
Regional Joint Readiness Center, Pittsburgh, PA .......................
For emergency alert and notification systems:
City of Detroit, MI ..........................................................................
City of Los Angeles, CA .................................................................
Jasper County Government, IN ....................................................
City of Belton, MO ..........................................................................
City of Smithville, MO ...................................................................
Local Emergency Planning Committee, Town of Needham, MA
For wildfire mitigation activities:
Washington County and Washington County Department of
Public Works, UT ........................................................................
Arrowhead Regional Development Commission, MN ..................
San Bernardino County Fire Department, CA ............................
Idaho Bureau of Homeland Security, ID ......................................

500,000
500,000
250,000
250,000
500,000
485,000
100,000
215,000
150,000
200,000
200,000
200,000
450,000
1,500,000
600,000

EMERGENCY FOOD AND SHELTER

The amended bill provides $153,000,000 for Emergency Food and
Shelter as proposed by both the House and Senate.
TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND
SERVICES
UNITED STATES CITIZENSHIP

AND IMMIGRATION

SERVICES

The amended bill provides $80,973,000 for United States Citizenship and Immigration Services (USCIS) instead of $30,000,000 as
proposed by the House and $50,523,000 as proposed by the Senate.
Of this amount, $80,000,000 is designated as emergency.
EMPLOYMENT ELIGIBILITY VERIFICATION/E-VERIFY
The Committees on Appropriations provide $60,000,000 for the
Employment Eligibility Verification program, which USCIS has renamed E-Verify, instead of $30,000,000 provided by both the House
and the Senate. This system allows employers to check government
databases and verify the employment status of job applicants.
FBI BACKGROUND CHECK BACKLOG
The Committees on Appropriations provide $20,000,000 for reduction of the FBI name check backlog as proposed by the Senate
and instead of no funding proposed by the House. The Director of
USCIS is directed to report to the Committees on Appropriations
on plans to eliminate the backlog of FBI name checks, as discussed
in the Senate report.
BENEFIT PAROLE PROGRAMS TRANSFER

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The Committees on Appropriations provide $523,000 for USCIS
to transfer the Cuban-Haitian Entrant Program, the Moscow Refugee Program, and the Humanitarian Parole Program from U.S.
Immigration and Customs Enforcement to USCIS, as proposed by
the Senate and requested by the Department. The House did not
transfer these programs. The Director of USCIS is directed to brief
the Committees on Appropriations on the number of individuals

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1089
serviced by these programs and the long-term outlook for these programs.
IMMIGRATION SERVICES
The Committees on Appropriations direct USCIS to expand its
immigration services programs, prioritizing areas that have large
populations of underserved immigrant populations, as discussed in
the House report. The Committees on Appropriations provide
$450,000 for this purpose, of which $150,000 shall be allocated to
the Citizens Advice Bureau Immigrant Assistance Project and
$300,000 shall be allocated to the Bronx Project, Northern Manhattan Coalition for Immigrant Rights.
FEE-FUNDED PROGRAMS
Current estimates of fee collections, which constitute the majority of USCIS resources, are $2,538,872,000. These revenues will
support adjudication of applications for immigration benefits and
fraud prevention activities, and are derived from fees collected from
persons applying for immigration benefits. The Committees on Appropriations direct USCIS to allocate these fees as shown in the
table presented in the Senate report and direct that no more than
$10,000 shall be for official reception and representation expenses.
Within the total fees collected, the Committees on Appropriations
direct USCIS to provide no less than $49,357,000 to support Customer Service Center operations, and to dedicate the entirety of
premium processing revenue to business system and information
technology transformation, including converting immigration
records to digital format. The Committees on Appropriations require the Director of USCIS to submit an expenditure plan for the
Business Transformation Project. USCIS should include materials
in the plan that address the alignment of the transformation process with the Departmental enterprise architecture, as well as details on expected project performance and deliverables.
IMMIGRATION REFORM
USCIS is not required to report on the anticipated process for administering a temporary worker program.
H–1B BENEFITS FRAUD ASSESSMENT
USCIS is directed to conduct a benefits fraud assessment of the
H–1B Visa Program, and to report to the Committees on Appropriations on the results of the assessment and any recommendations to strengthen the program.
USCIS VEHICLES

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The amended bill provides authority for USCIS to acquire up to
five vehicles in locations where the General Services Administration does not provide vehicles for lease. The Director of USCIS is
directed to notify the Committees on Appropriations on each occasion this authority is used, including details on the cost of each vehicle, the rationale for its purchase or lease, and the location where
the vehicle is used.

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1090
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES

The amended bill provides $238,076,000 for Salaries and Expenses instead of $219,786,000 as proposed by the House and
$221,076,000 as proposed by the Senate. Of this amount,
$17,000,000 is designated as emergency. The amended bill allows
the Federal Law Enforcement Training Center (FLETC) to obligate
funds in anticipation of reimbursements from agencies, as proposed
by the Senate. The Committees on Appropriations adopt the Senate
position of not transferring the Federal Law Enforcement Training
Accreditation Board (FLETA) from FLETC and include $1,290,000
for FLETA within this appropriation. The amended bill also extends the rehired annuitant authority through December 31, 2010.
The Committees on Appropriations do not adopt the revolving fund
language proposed by the Administration.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

The amended bill provides $50,590,000 for Acquisitions, Construction, Improvements, and Related Expenses instead of
$43,270,000 as proposed by the House and $44,470,000 as proposed
by the Senate. Of this amount, $4,000,000 is designated as emergency. Within the total, $3,320,000 is for construction of new training and related facilities at Artesia, New Mexico.
SCIENCE

AND

TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

The amended bill provides $138,600,000 for Management and
Administration of Science and Technology (S&T) instead of
$130,787,000 as proposed by the House and $140,632,000 as proposed by the Senate. This amount includes $10,000 for official reception and representation as proposed by the House instead of
$3,000 as proposed by the Senate. S&T shall move expeditiously to
address critical issues of staff vacancies and internal controls. Sufficient resources have been included within this account for the establishment of the Homeland Security International Cooperative
Programs Office pursuant to section 1901 of the 9/11 Act.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

The amended bill provides $691,735,000 for Research, Development, Acquisition, and Operations instead of $646,325,000 as proposed by the House and $697,364,000 as proposed by the Senate.
The following table specifies funding by budget activity:

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Border and Maritime Security ..............................................................
Chemical and Biological ........................................................................
Command, Control, and Interoperability .............................................
Explosives ...............................................................................................
Human Factors ......................................................................................
Infrastructure and Geophysical ............................................................
Innovation ..............................................................................................
Laboratory Facilities .............................................................................
Test and Evaluations/Standards ..........................................................
Transition ...............................................................................................

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$25,479,000
208,020,000
56,980,000
77,654,000
14,206,000
64,500,000
33,000,000
103,814,000
28,520,000
25,265,000

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1091
University Programs .............................................................................
Homeland Security Institute ................................................................

49,297,000
5,000,000

Total ..................................................................................

$691,735,000

HOMELAND SECURITY INSTITUTE
The Committees on Appropriations provide $5,000,000 for the
Homeland Security Institute (HSI), as proposed by the Senate.
Funding reductions have been made to each program, project, and
activity (PPA) within S&T to reflect this appropriation for HSI. The
Committees on Appropriations recognize that in addition to this appropriation, HSI has many ongoing projects with other DHS agencies that supplement these funds. S&T shall ensure that the fiscal
year 2009 Congressional justification clearly delineates funding for
the Homeland Security Institute and does not obscure it within
S&T’s other PPAs.
CHEMICAL

AND

BIOLOGICAL

The Committees on Appropriations provide $208,020,000 for the
chemical and biological program instead of $215,131,000 as proposed by the House and $216,038,000 as proposed by the Senate.
Within this total, $5,800,000 has been appropriated to procure 26
Generation 3 BioWatch detection units to support a six month pilot
of these systems in two BioWatch cities. No funding has been provided for the low rate initial production procurement because the
Department’s decision on which system to procure will not be made
until after the pilot is concluded. Currently, the Department does
not anticipate this until late 2008 or early 2009.
COMMAND, CONTROL,

AND INTEROPERABILITY

The Committees on Appropriations provide $56,980,000 for command, control, and interoperability instead of $61,100,000 as proposed by the House and $61,763,000 as proposed by the Senate.
Within this total, not less than $19,881,000 is for cyber security activities including efforts to address flaws in the computerized systems that control generators, switching stations, and electrical substations as well as other emerging threats to infrastructure critical
to the U.S. economy.
ANALYSIS, DISSEMINATION, VISUALIZATION, INSIGHT,
ENHANCEMENT (ADVISE) PROGRAM

AND

SEMANTIC

No funding has been provided for the ADVISE program as proposed by both the House and the Senate. Bill language clarifies
that obligations may not be made to follow-on or successor programs to ADVISE. The Committees on Appropriations remind the
Department that any tools designed to manipulate data bases must
have proper Privacy Impact Assessments in place before use.
FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS

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Federal funding for first responder communications equipment
should be compliant with common system standards for digital
public safety radio communications (Project 25 standards), as appropriate, to ensure interoperability. S&T, in conjunction with the

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1092
Director of the National Institute of Standards and Technology,
shall continue assessing the compliance of first responder communications equipment with Project 25 standards.
EXPLOSIVES
The Committees on Appropriations provide $77,654,000 for explosives instead of $63,749,000 as proposed by the House and
$81,726,000 as proposed by the Senate. Within this total, not less
than $15,000,000 shall be used to support S&T’s work under
HSPD–19 as discussed in the Senate report. Specifically, S&T shall
work toward producing detection technologies that deter, reduce, or
eliminate explosive attacks and their consequences including car
bombs. S&T should coordinate this work with other Federal agencies to eliminate any duplication of efforts.
S&T has been conducting three air cargo pilots since 2006. While
two of the pilots are completed, the remaining pilot at San Francisco airport has been repeatedly delayed. As a result, S&T does
not anticipate collecting six months of data on the use of explosive
detection systems (EDS) to screen air cargo at a dedicated facility
as required in the statement of managers accompanying House Report 109–241. The Committees on Appropriations urge S&T to continue the air cargo pilot at San Francisco airport to obtain a full
six months of EDS data and encourage the use of unobligated balances from the air cargo research and development program for
this effort. As the most recent monthly obligation report shows,
$4,755,680 is currently unobligated. S&T is encouraged to share
any promising results of the air cargo pilots with other airports.
HUMAN FACTORS

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The Committees on Appropriations provide $14,206,000 for
human factors instead of $12,600,000 as proposed by the House
and $6,706,000 as proposed by the Senate. Within this funding,
$7,500,000 is for the Institute for Homeland Security Solutions,
which will be funded through the Research Triangle Institute. The
Institute for Homeland Security Solutions (IHSS) will conduct applied technological and social science research with universities,
other federal agencies, state and local security agencies and the
private sector. This Institute will focus on developing near-term
technological solutions to practical, real world problems that have
broad applications. IHSS’ work for DHS will cover critical policy
and operational implications of new technologies and will be narrowly focused on information analysis tools and policies. One example of the work the Institute will focus on is anomaly detection. The
paradigm for security in many operations centers is a person, or
group of people, staring at a dozen or more video screens and perhaps receiving data from a variety of other sources simultaneously.
In these settings, the human brain is quickly overwhelmed with
more images and data than it can effectively process—too much
data is almost as bad as no data at all. The Institute will focus on
whether these centers can be more effective through development
of technology capable of learning and remembering what the normal traffic pattern of people is and detecting automatically when
there is an anomaly that might raise a security concern.

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INFRASTRUCTURE

AND

GEOPHYSICAL

The Committees on Appropriations provide $64,500,000 for infrastructure and geophysical, instead of $24,000,000 as proposed by
the House and $64,000,000 as proposed by the Senate. Within the
funding provided, $27,000,000 is to continue the Southeast Regional Research Initiative, $9,500,000 is for Regional Technology
Integration, and $11,000,000 is for the Community-Based Critical
Infrastructure Protection Institute to support existing work in research and development and application of technology for community based critical infrastructure protection efforts.
INNOVATION
The Committees on Appropriations provide $33,000,000 for innovation instead of $51,900,000 as proposed by the House and
$46,000,000 as proposed by the Senate. Funding is not specified
among the Innovation programs; S&T is directed to submit to the
Committees on Appropriations an allocation plan for Innovations
within 30 days after enactment of this Act.
NEW TECHNOLOGIES
The Committees on Appropriations believe new technologies may
significantly help the Department as it seeks to secure our homeland. The Department is encouraged to develop such technologies
as carbon nanotube coatings; dual use mobile sensor technology
that provides automatic intelligence collection; sensor drive analytics; regional disease surveillance; explosive detection using computer tomography/neutron technologies; microsystems technologies
for high threat problem solving; small, rugged mass spectrometers;
gallium nitride based multi-mission phase array radar; high
throughput backscatter personal screeners; data systems that are
scaleable, easily deployable and do not require significant power or
cooling infrastructure; mono-energetic gamma resonant imaging
and detection systems; respirators using antimicrobial iodinated
technology; and supercomputing centers that utilize smart sensor
algorithms on low cost processors.
MULTI-FUNCTION PHASED ARRAY RADARS

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During the next decade, many of the surveillance radars used by
a number of Federal agencies around the country will near the end
of their design life. The Department is encouraged to continue its
involvement in the Office of Federal Coordinator for Meteorology
(OFCM) Working Group for Multifunctional Phased Array Radar
(MPAR), which is focused on developing multi-function phased
array radars to replace the current generation of surveillance
radar. The Department should evaluate the mission requirements
where MPAR has potential departmental applications such as providing information on severe weather, non-cooperative aircraft, and
potential terrorist incidents involving chemical, biological, radiological, or nuclear materials. The Department’s continued participation in the OFCM effort should attempt to ensure that the appropriate applications are incorporated into the MPAR design.

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LABORATORY FACILITIES
The Committees on Appropriations provide $103,814,000 for laboratory facilities as proposed by the Senate instead of $88,814,000
as proposed by the House. Within the total provided is $15,000,000
for Area 300 (Pacific Northwest National Laboratory) for ongoing
construction in support of the memorandum of understanding between DHS, the Department of Energy and the National Nuclear
Security Administration.
S&T is directed to report on the costs and benefits of the Transportation Safety Laboratory charging companies for evaluation of
their products. S&T should account for potential enhanced services
and capitol improvements that such fees might allow, as well as
any negative effects such as potential barriers to entry for small
companies that such fees may cause.
TEST

AND

EVALUATIONS/STANDARDS

The Committees on Appropriations provide $28,520,000 for test
and evaluations/standards as proposed by the House instead of
$24,219,000 as proposed by the Senate. Within the funds provided,
$3,000,000 shall be for independent peer reviewed program evaluations throughout DHS conducted by outside entities. The Committees on Appropriations expect that only one or two smaller scale
programs will be able to be evaluated with this funding and direct
S&T to begin with an evaluation of TSA’s air cargo certified shipper pilot program. This evaluation should focus on the soundness
of the measurements TSA will use to evaluate the integrity of a
certified shippers air cargo security program and whether the certified shipper program will help TSA meet the 100-percent screening requirements contained in the 9/11 Act. S&T shall consult with
the Committees on Appropriations on other programs to be evaluated and the scope of the evaluation before funding is obligated.
TRANSITION
The Committees on Appropriations provide $25,265,000 for transition instead of $26,000,000 as proposed by the House and
$23,901,000 as proposed by the Senate. Within the funds provided,
up to $1,000,000 is for an independent review to determine whether Federal resources are being adequately and efficiently used in
DHS and other Federal agencies to address homeland security
needs, including the opportunity costs that may result from the increased prominence of homeland security as detailed in the House
report. This review should be conducted by the National Academy
of Public Administration.
UNIVERSITY PROGRAMS

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The Committees on Appropriations provide $49,297,000 for university programs instead of $48,575,000 as proposed by the House
and $38,718,000 as proposed by the Senate. Within this funding,
$4,000,000 is to support the new National Transportation Security
Center of Excellence authorized in the 9/11 Act and $2,000,000 is
to support the ongoing Memorandum of Agreement with the Naval
Postgraduate School. Because the funding level is $10,579,000

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above the budget request, S&T shall brief the Committees on Appropriations on how these additional funds will be allocated 60
days after enactment of this Act. As part of this briefing, S&T shall
also discuss how universities are selected to participate in this program, how S&T determines the type of research each Center of Excellence will specialize in, how the Directorate evaluates the quality of work from the Centers, and assess the impact a time limit
may have on the quality and breadth of research conducted.
DOMESTIC NUCLEAR DETECTION OFFICE
MANAGEMENT AND ADMINISTRATION

The amended bill provides $31,500,000 for Management and Administration instead of $31,176,000 as proposed by the House and
$32,000,000 as proposed by the Senate. The increase of $1,032,000
above the current services level is intended to partially address
critical staff vacancies. The Committees on Appropriation are concerned with the Domestic Nuclear Detection Office’s (DNDO) shortfall in critical staffing positions and the impact of this shortfall
upon the agency’s administrative functions. As a result, there have
been significant delays in obtaining quality budgetary information
on major acquisitions and research projects from the agency. As of
the end of September 2007, DNDO was only supporting 91 positions, or 21 below the fiscal year 2007 enacted level. Furthermore,
the fiscal year 2008 budget justification fails to provide detailed
data and explanatory statements for the additional 18 program
management staff requested. Without an effective staffing plan and
the appropriate complement of budgetary and support personnel,
DNDO will be unable to manage its projected acquisition, fielding
and integration of next generation devices. Therefore, DNDO is directed to prioritize its program management support needs and
make every effort to fill associated positions as soon as possible.
DNDO shall brief the Committees on Appropriations by February
1, 2008 on its hiring plan.
RESEARCH, DEVELOPMENT, AND OPERATIONS

The amended bill provides $323,500,000 for Research, Development, and Operations instead of $316,900,000 as proposed by the
House and $336,000,000 as proposed by the Senate. The following
table specifies funding by budget activity:
Systems Engineering and Architecture ...............................................
Systems Development ...........................................................................
Transformational Research and Development ....................................
Assessments ...........................................................................................
Operations Support ...............................................................................
National Technical Nuclear Forensics Center .....................................

$22,400,000
118,100,000
96,000,000
37,500,000
34,500,000
15,000,000

Total ..................................................................................

$323,500,000

SYSTEMS DEVELOPMENT

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The Committees on Appropriations provide $118,100,000 for systems development instead of $108,100,000 as proposed by the
House and $132,100,000 as proposed by the Senate. Within the
amount appropriated: $10,000,000 shall be available to support the
implementation of the Securing the Cities Initiative; $10,000,000 is

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to deploy up to ten teams to screen general aviation aircraft for illicit material, other aviation programs or non-ports of entry land
border efforts; and $3,000,000 is for the development of detection
systems to scan general aviation aircraft for illicit radiological and
nuclear materials. DNDO is urged to place a priority within development and deployment of detection systems on the highest risk
pathways entering the country.
The Committees on Appropriations concur with direction in the
Senate report requiring DNDO to submit a strategic plan for its
phased deployment of the Securing the Cities initiative. This plan
shall: (1) prioritize the cities that will be covered by the program;
(2) lay out decisions on which routes will be covered; (3) address
whether decoy detection systems would benefit the public good; (4)
indicate what level of detection infrastructure is planned in each
city; (5) address whether any given deployment has a reasonable
chance of success; and (6) establish a five year projected cost estimate for this initiative. In addition, DNDO shall enter into a
memorandum of understanding with any city receiving resources
from the Securing the Cities initiative. This memorandum shall
outline the duties expected of DNDO and the city over the foreseeable future as well as the annual resources requirements each
must meet to fully implement this initiative.
The Committees on Appropriations concur with the House report
directing DNDO to report on its assessment of radiation detection
technologies that could be used in rail yards, at non-ports of entry
land border crossings, at general aviation airports, and with small
maritime craft. DNDO shall brief the Committees on Appropriations quarterly on the progress it has made in identifying the necessary architecture, the strengths and weakness of these technologies, and a timetable to develop and deploy these technologies.
The Committees on Appropriations agree with the Senate report
encouraging DNDO to place its screening equipment according to
threat and risk rather than ease of screening and measurement.
Further, DNDO is directed to continue to keep the Committees on
Appropriations informed of its efforts to fully cover all high risk
pathways into the United States and how it is using intelligence
to drive investments in its global nuclear detection architecture.
DNDO shall work with U.S. Customs and Border Protection
(CBP) to initiate two pilots of radiation portal monitors within the
air port of entry environment for screening individuals and their
baggage for radioactive materials. The pilots should include a detailed concept of operations. DNDO and CBP are directed to brief
the Committees on Appropriations on the status of the development efforts.
ASSESSMENTS

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The Committees on Appropriations provide $37,500,000 for assessments instead of $32,000,000 as proposed by the House and the
Senate. Within the funding provided, $5,500,000 is to enhance detection links between seaports and railroads at a test center in Tacoma, Washington as authorized by the SAFE Port Act, as proposed by the Senate.

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RED TEAMING
DNDO is directed to brief the Committees on Appropriations on
red team exercises it has conducted, any vulnerabilities identified,
and any changes that are being made to the system to address
these vulnerabilities. The first briefing shall be within 120 days
after enactment of this Act.
SYSTEMS ACQUISITION

The amended bill provides $129,750,000 for Systems Acquisition
instead of $171,500,000 as proposed by the House and
$139,000,000 as proposed by the Senate. The following table specifies funding by budget activity:
Radiation Portal Monitor Program ......................................................
Securing the Cities ................................................................................
Human Portal Radiation Detection Systems Program .......................

$90,000,000
30,000,000
9,750,000

Total ..................................................................................

$129,750,000

RADIATION PORTAL MONITOR PROGRAM

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The Committees on Appropriations provide $90,000,000 for the
radiation portal monitor program instead of $171,500,000 as proposed by the House and $139,000,000 as proposed by the Senate.
Within this appropriation, full funding has been provided for
DNDO’s effort to: procure and deploy additional polyvinyl toluene
(PVT) based fixed radiation portal monitors (RPMs) to all remaining northern border sites by calendar year 2009, deploy PVT units
in the air cargo environment, upgrade and deploy the 45 low rate
initial production Advanced Spectroscopic Portal (ASPs) units, and
support field validation for ASPs to determine that these systems
meet CBP’s functionality requirements.
As of November 15, 2007, 100-percent of all containerized cargo
is being screened by RPMs at the southern border. However, the
Committees on Appropriations remain deeply concerned about the
Department’s ability to detect non-containerized illicit radioactive
materials entering the nation. Since the President’s budget submission in February 2007, Congress has appropriated $100,000,000 in
unrequested emergency resources to speed placement of fixed radiation detectors at ports of entry (POE). Unfortunately, these resources, as well as prior year appropriations of $64,330,000, remain
largely unspent due to additional development required of the ASP
monitors and additional evaluation to determine if ASP monitors
are significantly more effective than currently deployed technologies. To date, the Committees on Appropriations have not received a certification from the Secretary that the ASP monitors
perform more effectively in an operational environment compared
to current generation portal monitors. Therefore, limited funding is
provided for ASP in fiscal year 2008. The Committees on Appropriations direct $147,000,000, from supplemental funds provided in
fiscal year 2007 and annual appropriations provided in fiscal year
2008, be utilized to accelerate the procurement and deployment of
PVTs to complete deployment of these systems at all remaining
northern border sites. While the current generation technologies
may not have the expected capabilities of ASP systems, they are

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substantially less expensive, proven to work within known limits,
and can be quickly deployed to POEs.
The Committees on Appropriations appreciate the difficulties the
Secretary faces in certifying the ASP systems and provide sufficient
resources to allow DNDO to enter into an agreement with the National Academy of Sciences (NAS) to assist the Secretary in his certification decisions. NAS will help validate testing completed to
date, provide support for future testing, assess the costs and benefits of this technology, and bring robustness and scientific rigor to
the procurement process. As in prior fiscal years, the Committees
on Appropriations include a prohibition of full scale procurement of
ASP systems until the Secretary has certified and reported to the
Committees that a significant increase in operational effectiveness
merits such a decision. However, the amended bill also requires
separate and distinct certifications for primary and secondary deployments in recognition of the inherently unique operational requirements each presents. The amended bill also prohibits highrisk concurrent development and production of mutually dependent
software and hardware components of detection systems. This restriction is included to address the acquisition and fiscal risks associated with such concurrency and in response to the testing difficulties DNDO has encountered over the last fiscal year.
TITLE V—GENERAL PROVISIONS

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Section 501. The amended bill continues a provision proposed by
the House and Senate that no part of any appropriation shall remain available for obligation beyond the current year unless expressly provided.
Section 502. The amended bill continues a provision proposed by
the House that unexpended balances of prior appropriations may
be merged with new appropriations accounts and used for the same
purpose, subject to reprogramming guidelines.
Section 503. The amended bill continues and modifies a provision
proposed by the House and Senate that provides authority to reprogram appropriations within an account and to transfer up to 5 percent between appropriations accounts with 15-day advance notification of the Committees on Appropriations. Modifications adopted
include in (1) adding ‘‘project’’ or ‘‘activity’’; and in (2) adding ‘‘office’’. A detailed funding table identifying each congressional control level for reprogramming purposes is included at the end of this
statement. These reprogramming guidelines shall be complied with
by all agencies funded by the Department of Homeland Security
Appropriations Act, 2008.
The Committees on Appropriations expect the Department to
submit reprogramming requests on a timely basis, and to provide
complete explanations of the reallocations proposed, including detailed justifications of the increases and offsets, and any specific
impact the proposed changes will have on the budget request for
the following fiscal year and future-year appropriations requirements. Each request submitted to the Committees should include
a detailed table showing the proposed revisions at the account, program, project, and activity level to the funding and staffing (fulltime equivalent position) levels for the current fiscal year and to

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the levels requested in the President’s budget for the following fiscal year.
The Committees on Appropriations expect the Department to
manage its programs and activities within the levels appropriated.
The Committees on Appropriations are concerned with the number
of reprogramming proposals submitted for consideration by the Department and remind the Department that reprogramming or
transfer requests should be submitted only in the case of an unforeseeable emergency or situation that could not have been predicted
when formulating the budget request for the current fiscal year.
When the Department submits a reprogramming or transfer request to the Committees on Appropriations and does not receive
identical responses from the House and Senate, it is the responsibility of the Department to reconcile the House and Senate differences before proceeding, and if reconciliation is not possible, to
consider the reprogramming or transfer request unapproved.
The Department is not to propose a reprogramming or transfer
of funds after June 30 unless there are exceptional or extraordinary circumstances, such that lives or property are placed in imminent danger.
Section 504. The amended bill continues a provision proposed by
the House and the Senate that none of the funds appropriated or
otherwise available to the Department may be used to make payment to the Department’s Working Capital Fund, except for activities and amounts allowed in the President’s fiscal year 2008 budget, excluding sedan service, shuttle service, transit subsidy, mail
operations, parking, and competitive sourcing. Any additional activities and amounts must be approved by the Committees on Appropriations 30 days in advance of obligation.
Section 505. The amended bill continues a provision proposed by
the House and Senate that not to exceed 50 percent of unobligated
balances remaining at the end of fiscal year 2008 from appropriations made for salaries and expenses shall remain available
through fiscal year 2009 subject to reprogramming guidelines.
Section 506. The amended bill continues a provision proposed by
the House and Senate deeming that funds for intelligence activities
are specifically authorized during fiscal year 2008 until the enactment of an Act authorizing intelligence activities for fiscal year
2008.
Section 507. The amended bill continues a provision proposed by
the House and Senate directing the Federal Law Enforcement
Training Accreditation Board to lead the Federal law enforcement
training accreditation process.
Section 508. The amended bill continues and modifies a provision
proposed by the House and Senate requiring notification of the
Committees on Appropriations three business days before any
grant allocation, discretionary grant award, discretionary contract
award, including Federal Acquisition Regulation-covered contracts,
letter of intent, or public announcement of the intention to make
such an award totaling in excess of $1,000,000. Additionally, the
Federal Emergency Management Agency (FEMA) is required to
brief the Committees on Appropriations five full business days
prior to announcing publicly the intention to make an award of

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State Homeland Security grants, Urban Area Security Initiative
grants, or Regional Catastrophic Preparedness Grants.
Section 509. The amended bill continues a provision proposed by
the House and Senate that no agency shall purchase, construct, or
lease additional facilities for Federal law enforcement training
without advance approval of the Committees on Appropriations.
Section 510. The amended bill continues a provision proposed by
the House and Senate that FLETC shall schedule basic and/or advanced law enforcement training at all four training facilities
under its control to ensure that these training centers are operated
at the highest capacity.
Section 511. The amended bill continues a provision proposed by
the House that none of the funds may be used for any construction,
repair, alteration, or acquisition project for which a prospectus, if
required under chapter 33 of Title 40, United States Code, has not
been approved. The amended bill excludes funds that may be required for development of a proposed prospectus. The Senate proposed similar language with a reference to the Public Buildings Act
of 1959.
Section 512. The amended bill continues a provision proposed by
the House and Senate that none of the funds may be used in contravention of the Buy American Act.
Section 513. The amended bill continues and modifies a provision
proposed by the House and Senate to prohibit the obligation of
funds for the Secure Flight program, except on a test basis, until
the requirements of section 522 of Public Law 108–334 have been
met and certified by the Secretary of DHS and reviewed by the
Government Accountability Office (GAO). The Committees on Appropriations direct GAO to continue to evaluate DHS and Transportation Security Administration (TSA) actions to meet the ten
conditions listed in section 522(a) of Public Law 108–334 and to report to the Committees on Appropriations, either incrementally as
the Department meets additional conditions, or when all conditions
have been met by the Department. The amended bill also prohibits
the obligation of funds to develop or test algorithms assigning risk
to passengers not on government watch lists and for a commercial
database that is obtained from or remains under the control of a
non-federal entity, excluding Passenger Name Record data obtained from air carriers. Within 90 days after enactment of this
Act, TSA shall submit a detailed plan on achieving key milestones,
as well as certification of this program.
Section 514. The amended bill continues a provision proposed by
the Senate prohibiting funds to be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality
Act (8 U.S.C. 1448). The House bill contained no similar provision.
Section 515. The amended bill continues a provision proposed by
the House and Senate regarding competitive sourcing.
Section 516. The amended bill continues and modifies a provision
proposed by the House and Senate regarding the reimbursement to
the Secret Service for the cost of protective services for the head
of a Federal agency other than the Secretary of Homeland Security.
The provision allows the Secret Service to seek reimbursement for
the cost of such protective services.

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Section 517. The amended bill continues and modifies a provision
proposed by the Senate that allows the Director of the Secret Service to enter into an agreement to perform protection of a Federal
officer, other than a person granted such protection by law, on a
fully reimbursable basis. The House bill contained no similar provision.
Section 518. The amended bill continues and modifies a provision
proposed by the House and the Senate directing TSA to research,
develop, and procure new technologies to inspect and screen air
cargo. In the interim, TSA shall utilize existing checked baggage
explosive detection equipment and screeners to screen cargo on
passenger aircraft when practicable. New language is included that
requires TSA to work with air carriers and airports to ensure the
screening of cargo carried on passenger aircraft, as required by the
9/11 Act, increases incrementally each quarter. TSA is required to
report air cargo inspection statistics detailing how incremental
progress is being made to the Committees on Appropriations within
45 days of the end of each quarter of the fiscal year.
Section 519. The amended bill continues a provision proposed by
the House and Senate directing that only the Privacy Officer, appointed pursuant to section 222 of the Homeland Security Act of
2002, may alter, direct that changes be made to, delay or prohibit
the transmission of a Privacy Officer report to Congress.
Section 520. The amended bill continues a provision proposed by
the House and Senate prohibiting the use of funds made available
in this Act to pay the salary of any employee serving as a contracting officer’s technical representative (COTR), or acting in a
similar capacity, who has not received COTR training.
Section 521. The amended bill continues a provision proposed by
the House directing that any funds appropriated or transferred to
TSA ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ in fiscal years 2004, 2005, 2006, and 2007 that are
recovered or deobligated shall be available only for procurement
and installation of explosives detection systems, for air cargo, baggage, and checkpoint screening systems, subject to notification.
Quarterly reports must be submitted identifying any funds that are
recovered or deobligated. The Senate bill contained similar language without a reporting requirement.
Section 522. The amended bill continues a provision proposed by
the Senate continuing Section 525(d) of Public Law 109–295 pertaining to Sensitive Security Information (SSI) through fiscal year
2008. The House bill modified the SSI provision contained in Section 525 of Public Law 109–295.
Section 523. The amended bill includes a provision proposed by
the Senate requiring any funds appropriated to Coast Guard for
110–123 foot patrol boat conversions that are recovered, collected,
or otherwise received as a result of negotiation, mediation, or litigation, shall be available until expended for the replacement patrol
boat program. The House bill contained no similar provision.
Section 524. The amended bill continues a provision proposed by
the House and Senate extending the authorization of the Department’s Working Capital Fund in fiscal year 2008.
Section 525. The amended bill includes a new provision that prohibits obligation of funds provided in this Act to commence oper-

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ations of the National Applications Office or the National Immigration Information Sharing Operation until the Secretary certifies
that these programs comply with all existing laws and that certification is reviewed by GAO.
Section 526. The amended bill continues and modifies a provision
proposed by the House and Senate requiring the Chief Financial
Officer to submit monthly budget execution and staffing reports
within 45 days after the close of each month. These reports are to
include the number of contract employees by office as proposed by
the Senate.
Section 527. The amended bill continues a provision as proposed
by the House and the Senate relating to undercover investigative
operations authority of the Secret Service.
Section 528. The amended bill continues a provision proposed by
the House prohibiting the use of funds to contravene the Federal
buildings performance and reporting requirements of Executive
Order 13123, part 3 of title V of the National Energy Conservation
Policy Act (42 U.S.C. 8251 et seq.), or subtitle A of title I of the
Energy Policy Act of 2005. The Senate bill contained no similar
provision.
Section 529. The amended bill continues a provision proposed by
the House classifying the functions of instructor staff at FLETC as
inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998. The Senate bill contained a similar
provision.
Section 530. The amended bill includes a provision proposed by
the House prohibiting the use of funds to contravene section 303
of the Energy Policy Act of 1992. The Senate bill contained no similar provision.
Section 531. The amended bill includes a provision proposed by
the House prohibiting the use of funds in contravention of Executive Order 13149 relating to fleet and transportation efficiency. The
Senate bill contained no similar provision.
Section 532. The amended bill continues and modifies a provision
on Coast Guard contracting and the Integrated Deepwater Systems
program as proposed by the House. The Senate bill contained no
similar provision.
Section 533. The amended bill includes a new provision proposed
by the House that prohibits the obligation of funds for the development, testing, deployment, or operation of any system related to
MAX-HR or any subsequent, but related human resources management project, until pending litigation, legal claims or appeals have
been fully resolved. The Senate bill contained no similar provision.
Section 534. The amended bill includes a new provision proposed
by the Senate on preemption of state or local chemical facility security standards. The House bill contained a similar provision but
also included information classification requirements.
Section 535. The amended bill includes and modifies a new provision proposed by the House that requires U.S. Customs and Border
Protection (CBP) Officers to offer the ability to be classified as law
enforcement officers. The Senate bill contained no similar provision.
Section 536. The amended bill continues and modifies a provision
proposed by the House regarding the enforcement of section

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4025(1) of Public Law 108-458 regarding butane lighters. The Senate bill contained no similar provision.
Section 537. The amended bill includes a provision proposed by
the House and Senate prohibiting the Secretary of Homeland Secretary from altering or reducing Coast Guard’s civil engineering
program except as specifically authorized in statute after enactment of this Act.
Section 538. The amended bill includes a new provision reducing
the cumulative amount provided to the Office of the Secretary and
Executive Management and the Office of the Under Secretary for
Management by $5,000,000 to reflect management efficiencies. The
Secretary shall notify the Committees on Appropriations within 30
days of the date of enactment of this Act regarding the spread of
these efficiency savings by account and within the account, by program, project and activity detailed in the table located in the back
of the explanatory statement.
Section 539. The amended bill includes a new provision proposed
by the House prohibiting the obligation of funds to the Office of the
Secretary and Executive Management, the Office of the Under Secretary for Management, and the Office of the Chief Financial Officer for grants or contracts awarded by any means other than full
and open competition. Certain exceptions apply. The amended bill
also requires the Inspector General to review Departmental contracts awarded noncompetitively and report on the results to the
Committees on Appropriations. The Senate bill contained a similar
provision.
Section 540. The amended bill includes a new provision proposed
by the House that permits one time judicial review of the aviation
security and infrastructure fee and limits those amounts made
available by the authority in the Department of Homeland Security
Appropriations Act for Fiscal Year 2005 (Public Law 108–334). The
Senate bill contained no similar provision.
Section 541. The amended bill includes and modifies a new provision proposed by the House that prohibits funding for any position
designated as a Principal Federal Official (PFO) during a Stafford
Act declared disaster or emergency. This prohibition shall apply to
PFOs, successors to that position, and any similar position created
by the Department. The Committees on Appropriations are concerned that the Department has not defined a clear role for the
PFO and that the position conflicts with the Federal Coordinating
Official’s (FCO) role during Presidentially-declared disasters and
emergencies. States and emergency management organizations
have also expressed concern that use of both an FCO and PFO lead
to confusion in the field following disasters and undermines
FEMA’s emergency management role. The Committees on Appropriations understand from the Department that there may be instances in which FEMA should not be the lead agency in charge
of response, such as a pandemic outbreak or an Olympic event, and
therefore limit the prohibition to Presidentially-declared disasters
or emergencies that require Stafford Act assistance. The prohibition also does not apply to major non-Stafford Act responses that
may include a Stafford Act component. In instances when a PFO
is designated, the Department is expected to work with State and
local governments and other Federal partners to clearly define the

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role of the PFO and ensure there is no conflict with the well-tested
role of the FCO. The Department must work with all homeland security partners to achieve common understanding regarding incident management. The Senate bill contained no similar provision.
Section 542. The amended bill includes a new provision proposed
by the House regarding the collection of airport security badges.
The Senate bill contained no similar provision.
Section 543. The amended bill includes and modifies a new provision proposed by the House prohibiting funding to grant an immigration benefit to any individual unless the results of background
checks required in statute to be completed prior to the grant of the
benefit have been received by DHS. The Senate bill contained no
similar provision.
Section 544. The amended bill includes a new provision proposed
by the Senate prohibiting use of funds to destroy or put out to pasture any horse or other equine belonging to the Federal government unless adoption has been offered first. The House bill contained a similar provision.
Section 545. The amended bill includes a new provision proposed
by the Senate that extends the implementation deadline for the
Western Hemisphere Travel Initiative (WHTI) to June 1, 2009, or
three months after the Department of State and DHS certification
occurs, whichever is later. The House bill contained a provision
that prohibited funds to be used to implement any plan for WHTI
before June 1, 2009.
Section 546. The amended bill includes a provision proposed by
the House and Senate that precludes DHS from using funds in this
Act to carry out reorganization authority.
Section 547. The amended bill includes and modifies a new provision proposed by the Senate regarding the use of the National Center for Critical Information Processing and Storage data center.
The House bill contained no similar provision.
Senate 548. The amended bill includes a new provision as proposed by the Senate that prohibits funds from being used to reduce
the Coast Guard’s Operations Systems Center mission or its government-employed or contract staff. The House bill contained no
similar provision.
Section 549. The amended bill includes a new provision prohibiting funds to be used to conduct or implement the results of a competition under Office of Management and Budget Circular A–76
with respect to the Coast Guard National Vessel Documentation
Center.
Section 550. The amended bill includes a new provision as proposed by the Senate that permits TSA to transfer up to
$24,000,000 from prior year balances to the Secure Flight program
after the Committees on Appropriations receive and approve an expenditure plan for such funds. Bill language specifies programs
that may not be utilized. The House bill contained no similar provision.
Section 551. The amended bill includes and modifies a provision
that rescinds $59,286,537 from unobligated balances of funds
transferred to DHS when it was created in 2003 instead of
$55,273,000 as rescinded in the House bill and $45,000,000 as rescinded in the Senate bill. Language is included that specifies

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which accounts cannot be rescinded. In addition, new language is
included that rescinds a total of $28,833,463 in unobligated balances made available pursuant to Section 505 of Public Law 109–
295, rescinds $8,480,000 from the Counterterrorism Fund, and
$4,500,000 from TSA’s expenses account. The majority of these rescissions were included as part of the budget amendment submitted by the President on November 6, 2007.
Section 552. The amended bill includes and modifies a provision
proposed by the Senate related to disaster assistance for educational agencies. Educational agencies include only those that provide for kindergarten through 12th grade. The Committees on Appropriations require FEMA to provide this assistance within 30
days of a request. The House bill contained no similar provision.
Section 553. The amended bill includes a new provision proposed
by the Senate making technical corrections to existing law to make
border passages or tunnels a criminal offense. The House bill contained no similar provision.
Section 554. The amended bill includes a new provision proposed
by the Senate pertaining to sexual abuse of individuals held in custody at the direction of the Federal government. The House bill
contained no similar provision.
Section 555. The amended bill includes a new provision proposed
by the Senate requiring the Secretary to establish and maintain a
direct link to the DHS Office of Inspector General on the DHS
website. The House bill contained no similar provision.
Section 556. The amended bill includes a new provision proposed
by the Senate that requires the Secretary to link all contracts that
provide award fees to successful acquisition outcomes. The House
bill contained no similar provision.
Section 557. The amended bill includes a new provision proposed
by the Senate prohibiting the obligation of funds for the Office of
Secretary and Executive Management for any new hires at DHS if
they are not verified through the basic pilot program of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
Section 558. The amended bill continues language contained in
Public Law 109–295 related to prescription drugs. The Senate bill
modified this language. The House bill contained no similar provision.
Section 559. The amended bill includes a new provision proposed
by the Senate prohibiting funds available in this Act from being
used to implement a rule or regulation which implements the notice of proposed rulemaking related to Petitions for Aliens to Perform Temporary Nonagricultural Services or Labor (H–2B) set out
beginning on 70 Federal Register 3984 (January 27, 2005). The
House bill contained no similar provision.
Section 560. The amended bill includes a new provision regarding FEMA assistance provided for DR–845.
Section 561. The amended bill includes a modified provision proposed by the Senate regarding FEMA assistance for Hurricane
Rita. The House bill contained no similar provision.
Section 562. The amended bill includes a new provision regarding FEMA assistance for Super Typhoon Paka and the Malojloj
hardfill fire.

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1106
Section 563. The amended bill includes and modifies a new provision proposed by the Senate regarding the secure handling of ammonium nitrate. The Senate bill language has been modified at the
request of the authorizing committees. The House bill contained no
similar provision.
Section 564. The amended bill includes and modifies a new provision proposed by the Senate to amend the Secure Fence Act of
2006, requiring the Secretary to complete construction of 370 miles
of fencing, or other mileage as determined by the Secretary, on the
Southwest border by December 31, 2008, and requiring the Secretary to consult with Federal agencies, State and local governments, and property owners on such construction to minimize adverse impacts on the environment and local communities. No funds
provided in this Act for Border Security Fencing, Infrastructure,
and Technology may be obligated unless the Secretary complies
with the consultation requirement.
Section 565. The amended bill includes a new provision proposed
by the Senate that establishes an international registered traveler
program, sets dates for rulemaking and implementation activities,
and authorizes the collection of fees to support this program. The
House bill contained no similar provision.
Section 566. The amended bill includes a new provision proposed
by the Senate requiring GAO to study DHS’s use of shared border
management.
Section 567. The amended bill includes a new provision proposed
by the Senate prohibiting funds for planning, testing, piloting or
developing a national identification card. The House bill contained
no similar provision.
Section 568. The amended bill includes a new provision proposed
by the Senate repealing TSA’s acquisition management system
within 180 days after enactment, thereby making TSA subject to
the Federal Acquisition Regulation. The House bill contained no
similar provision.
Section 569. The amended bill includes a new provision proposed
by the Senate requiring FEMA to report on damage assessment information used to determine if a disaster should be declared and
requiring this report to be placed on FEMA’s website unless it compromises national security. The House bill contained no similar
provision.
Section 570. The amended bill includes a new provision proposed
by the Senate that allows the Mineta Transportation Institute to
be included as a member of the National Transportation Security
Center of Excellence. The House bill contained no similar provision.
Section 571. The amended bill includes a new provision on the
TSA’s registered traveler program.
Section 572. The amended bill includes a new provision extending other transactional authority of DHS through fiscal year 2008.
Section 573. The amended bill includes a new provision rescinding and reappropriating funds previously allocated to the State of
Mississippi.
PROVISIONS NOT ADOPTED

wwoods2 on PRODPC68 with HEARING

The amended bill does not include section 516 of the House bill
pertaining to the amount of air cargo screened. The Committees on

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1107

wwoods2 on PRODPC68 with HEARING

Appropriations note that the 9/11 Act, which was signed into law
after the House passed its version of the bill, include air cargo
screening requirements.
The amended bill does not include section 523 of the House bill
and section 525 of the Senate bill pertaining to the Disaster Relief
report. These provisions are addressed in the amended bill and the
explanatory statement under FEMA.
The amended bill does not include section 536 of the House bill
prohibiting funds in this Act for a grant or a contract that does not
comply with Davis Bacon, with an exception for national emergencies.
The amended bill does not include section 545 of the House bill
pertaining to critical infrastructure vulnerability. This provision is
addressed in the explanatory statement under the National Protection and Programs Directorate (NPPD).
The amended bill does not include section 547 of the House bill
relating to a limitation on funds to be used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
The amended bill does not include section 548 of the House bill
and section 572 of the Senate bill pertaining to firefighter assistance grants. These provisions are addressed in the explanatory
statement under FEMA.
The amended bill does not include section 538 of the Senate bill
pertaining to the development of a plan to control and manage
Carrizo cane. This provision is addressed in the explanatory statement under CBP.
The amended bill does not include section 544 of the Senate bill
prohibiting the use of funds to remove offenses from the list of
criminal offenses disqualifying individuals from receiving a Transportation Worker Identification Credential. The Committees on Appropriations note that the 9/11 Act, which was signed into law after
the House and Senate passed their versions of the bills, specifically
provides authority for the Secretary to modify the list of offenses
by rulemaking. TSA believes that the public will be more fairly
served if disqualifying offenses are determined based on considered
analysis using threat and intelligence information as to an offense’s
relationship to terrorism.
The amended bill does not include section 546 of the Senate bill
requiring the President to ensure operational control of all international land and maritime borders is achieved and to report every
90 days. This provision is addressed in the explanatory statement
under CBP.
The amended bill does not include section 547 of the Senate bill
relating to funding to ensure State and local employers have access
to the employment eligibility verification system. This provision is
addressed in the explanatory statement under United States Citizenship and Immigration Services (USCIS).
The amended bill does not include section 549 of the Senate bill
relating to the development of a national strategy for the use of
closed circuit television systems. This provision is addressed in the
explanatory statement under NPPD.
The amended bill does not include section 552 of the Senate bill
relating to the 2010 Vancouver Olympic and Paralympic games.

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1108

wwoods2 on PRODPC68 with HEARING

This provision is addressed in the explanatory statement under the
Office of the Secretary and Executive Management.
The amended bill does not include section 554 of the Senate bill
relating to grants and contracting systems accountability. This provision is addressed in the explanatory statement under FEMA.
The amended bill does not include section 557 of the Senate bill
relating to a report on the performance and standards system of
TSA. This provision is addressed in the explanatory statement
under TSA.
The amended bill does not include section 559 of the Senate bill
pertaining to the authorized level for the border law enforcement
relief grant program.
The amended bill does not include section 560 of the Senate bill
pertaining to a GAO study on the cost of fencing on the southern
border. This provision is addressed in the explanatory statement
under CBP.
The amended bill does not include section 561 of the Senate bill
comprising a sense of the Senate on border security and immigration reforms. This provision is addressed in the explanatory statement under U.S. Immigration and Customs Enforcement.
The amended bill does not include section 562 of the Senate bill
requiring CBP to report on the training its personnel receive to effectively assist the Food and Drug Administration in monitoring
our Nation’s food supply. This provision is addressed in the explanatory statement under CBP.
The amended bill does not include section 563 of the Senate bill
regarding the voluntary emergency services program. This provision is addressed in the explanatory statement under TSA.
The amended bill does not include section 564 of the Senate bill
prohibiting funds appropriated or otherwise made available in this
Act to be used to enter into a contract greater than $5,000,000 or
to award a grant in excess of such amount unless the prospective
contractor or grantee certifies in writing that they owe no unpaid
Federal tax assessments. The Committees on Appropriations are
aware of a pending federal regulation to address this issue.
The amended bill does not include section 565 of the Senate bill
regarding transportation facility access control programs in the
State of Florida. This provision is addressed in the explanatory
statement under TSA.
The amended bill does not include section 567 of the Senate bill
amending the Federal Fire Prevention and Control Act of 1974 to
clarify fire prevention programs include planning and preparation
activities. This provision is addressed in the explanatory statement
under FEMA.
The amended bill does not include section 568 of the Senate bill
on the need to increase CBP officers and agents on the Northern
Border. This provision is addressed in the explanatory statement
under CBP.
The amended bill does not include section 569 of the Senate bill
requiring the Secretary to study areas along the international borders to determine where Federal and state law enforcement officers
are unable to achieve adequate radio communication and develop
a plan to enhance these capabilities. This provision is addressed in

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1109
the explanatory statement under the Office of the Secretary and
Executive Management.
The amended bill does not include section 570 of the Senate bill
requiring USCIS to provide not less than $1,000,000 for fraud risk
assessment relating to the H–1B visa program. This provision is
addressed in the explanatory statement under USCIS.
The amended bill does not include section 571 of the Senate bill
requiring a report on interagency operational centers for port security. This provision is addressed in the explanatory statement
under Coast Guard.
The amended bill does not include section 574 of the Senate bill
requiring GAO to report on UASI regions and ways to better facilitate a regional approach. This provision is addressed in the explanatory statement under FEMA.
The amended bill does not include section 575 of the Senate bill
permitting funds to be used for temporary employment of professional staff relating to assistance for Greensburg, Kansas. This provision is addressed within another division of this amended bill.
The amended bill does not include section 578 of the Senate bill
providing $100,000,000 to State and local law enforcement entities
for security associated with the national party conventions in Denver and St. Paul. This funding is provided within another division
of this amended bill.
TITLE VI—BORDER INFRASTRUCTURE AND TECHNOLOGY
MODERNIZATION
The amended bill includes and modifies the ‘‘Border Infrastructure and Technology Modernization’’ title of the Senate bill. The
House bill contained no similar matter.
BORDER LAW ENFORCEMENT RELIEF ACT
The amended bill does not include Title VI of the Senate bill,
‘‘Border Law Enforcement Relief Act.’’ The House bill contained no
similar matter. These matters are addressed in Titles I–IV of the
amended bill and the accompanying explanatory statement.
DIVISION B—BORDER SECURITY
TITLE X—BORDER SECURITY REQUIREMENTS
The amended bill does not include Title X of the Senate bill,
‘‘Border Security Requirements.’’ The House bill contained no similar matter. The amended bill includes $3,000,000,000 of emergency
funding for border security requirements. These matters are addressed in Titles I–IV and other Divisions of the amended bill and
the accompanying explanatory statement.
DISCLOSURE

OF

EARMARKS AND CONGRESSIONAL DIRECTED
SPENDING ITEMS

wwoods2 on PRODPC68 with HEARING

Following is a list of congressional earmarks and congressionally
directed spending items (as defined in clause 9 of rule XXI of the
Rules of the House of Representatives and rule XLIV of the Standing Rules of the Senate, respectively) included in the House amendment or this explanatory statement, along with the name of each

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1110

wwoods2 on PRODPC68 with HEARING

Senator, House Member, Delegate, or Resident Commissioner who
submitted a request to the Committee of jurisdiction for each item
so identified. Items which did not appear in the House or Senate
versions of H.R. 2638 or the accompanying committee reports are
marked with an asterisk. Neither the House amendment nor the
explanatory statement contains any limited tax benefits or limited
tariff benefits as defined in the applicable House and Senate rules.

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Canadian Pacific Railway Bridge, La Crosse, WI
Fourteen Mile Bridge, Mobile, AL

Coast Guard Alteration of Bridges

Coast Guard Alteration of Bridges

Philadelphia Infrastructure Monitoring Program, PA

Chelsea Street Bridge, Chelsea, MA

Coast Guard Alteration of Bridges

* NPPD Infrastructure Protection and Information Security

Burlington Northern Railroad Bridge, Burlington, IA

Coast Guard Alteration of Bridges

Galveston Causeway Bridge, Galveston, TX

Elgin, Joliet, and Eastern Railway Company Bridge, Morris, IL

Coast Guard Alteration of Bridges

Coast Guard Alteration of Bridges

Consolidate Sector Buffalo, NY

Operation Systems Center, WV

* Coast Guard Operating Expenses

* Coast Guard Acquisition, Construction,
and Improvements

Center of excellence in logistics and technology (logtech) educational programs, NC

Deployable flight deck and voice recorders and remote location recording devices

* TSA Aviation Security

* Coast Guard Operating Expenses

Advanced Training Center, WV

CBP Construction

Wireless surveillance at Commercial and General Aviation airports, Wireless Access
Surveillance Program

* CBP Air and Marine Interdiction, Operations, Maintenance, and Procurement

National Center for Critical Information Processing and Storage new construction, MS

Project

Real World testing of Crane-mounted radiation detection

Account

Funding

D564E

2,000,000

3,750,000

3,750,000

3,500,000

2,000,000

1,000,000

2,000,000

3,100,000

3,600,000

450,000

3,500,000

39,700,000

6,000,000

2,000,000

$35,500,000

DEPARTMENT OF HOMELAND SECURITY

* CBP Salaries and Expenses

CIO

wwoods2 on PRODPC68 with HEARING

Chaka Fattah

Kay Bailey Hutchison, John Culberson, Ron Paul, Ted Poe

Richard Shelby, Spencer Bachus, Jo Bonner

Herb Kohl, Ron Kind

Edward Kennedy, John Kerry, Michael Capuano

Tom Harkin

Richard Durbin, Ray LaHood, Jerry Weller

Brian Higgins

Robert Byrd

David Price

David Price

Robert Byrd

Bob Etheridge

David Price

Thad Cochran

Member

1111

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Ludlowville Flood Mitigation project, New York State Emergency Management Office, NY
City of Albany, GA
Sumter County Commission, GA
City of Neodesha, KS
Adjutant General’s Office of Emergency Preparedness, for projects in Santee and Manning, SC

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

FOR INFRASTRUCTURE IMPROVEMENTS, ANALYSIS, AND OTHER ACTIVITIES FOR
DISASTER MITIGATION

Rural Domestic Preparedness Consortium

National Domestic Preparedness Consortium

FEMA State and Local Programs

* FEMA State and Local Programs

Galveston direct messaging pilot program, TX

* FEMA Management and Administration

Center for Domestic Preparedness

National Infrastructure Simulation and Analysis Center, NM

NPPD Infrastructure Protection and Information Security

FEMA State and Local Programs

Capital Wireless Information Net, University of Maryland, MD

State and Local Cybersecurity Training, University of Texas, San Antonio, TX

Project

E:\HR\OC\D564E.XXX

D564E

3,000,000

200,000

300,000

300,000

200,000

8,800,000

62,500,000

88,000,000

1,000,000

20,000,000

6,100,000

4,000,000

Funding

DEPARTMENT OF HOMELAND SECURITY—Continued

* NPPD Infrastructure Protection and Information Security

* NPPD Infrastructure Protection and Information Security

wwoods2 on PRODPC68 with HEARING

James Clyburn

Nancy Boyda

Sanford Bishop

Sanford Bishop

Michael Arcuri

Harold Rogers

The President, Richard Shelby

The President
House—Richard Baker, Joe Barton, Kevin Brady, John Carter,
Chet Edwards, Kay Granger, Ruben Hinojosa, Bobby Jindal,
Solomon P. Ortiz, Ciro Rodriguez
Senate—John Cornyn, Pete Domenici, Kay Bailey Hutchison,
Mary Landrieu, Harry Reid, David Vitter

Nick Lampson

The President, Pete Domenici

Steny Hoyer, Chris Van Hollen

Ciro Rodriguez

Member

1112

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City of Detroit, MI
City of Coconut Creek, FL
City of Emeryville, CA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

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E:\HR\OC\D564E.XXX

City of Cudahy, CA

* FEMA Predisaster Mitigation

Jackson County Board of Supervisors, MS

City of Los Angeles, CA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

North Carolina Department of Crime Control and Public Safety, NC

* FEMA Predisaster Mitigation

North Carolina Department of Agriculture, NC

City of Arvada, CO

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Department of Emergency Management for the City and County of San Francisco, CA

* FEMA Predisaster Mitigation

Los Angeles Unified School District, CA

Dalton Fire District, MA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

City of Stanley, WI

* FEMA Predisaster Mitigation

Yardley Borough, PA

St. Mary’s County Government, MD

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Charles County Government, MD

* FEMA Predisaster Mitigation

City of Rye and Village of Rye Brook, NY

Calvert County Government, MD

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Town of Clifton Park, NY

Bosque County, TX

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

wwoods2 on PRODPC68 with HEARING

D564E

250,000

400,000

1,000,000

65,000

13,500

1,600,000

200,000

1,000,000

750,000

630,000

250,000

250,000

600,000

200,000

1,600,000

184,619

106,500

187,500

94,000

40,000

Gene Taylor

Heath Shuler

Lucille Roybal-Allard

Lucille Roybal-Allard

Lucille Roybal-Allard

David Price

Ed Perlmutter

Nancy Pelosi

John Olver

David Obey

Patrick Murphy

Nita Lowey

Barbara Lee

Ron Klein

Carolyn Kilpatrick

Steny Hoyer

Steny Hoyer

Steny Hoyer

Kirsten Gillibrand

Chet Edwards

1113

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Monroe County Office of Emergency Preparedness, NY

* FEMA Predisaster Mitigation

E:\HR\OC\D564E.XXX

City of Norwalk, CT
Onondaga County, NY
Onondaga County, for Oswego River Basin, NY

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

University of Kentucky, Department of Civil Engineering, KY

City of Kannapolis, NC

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

City of St. Joseph, MO

* FEMA Predisaster Mitigation

City of Cumberland, KY

Cumberland County Public Schools, VA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Commonwealth of Pennsylvania, Department of Conservation and Natural Resources,
Presque Isle State Park, PA

* FEMA Predisaster Mitigation

Pierce County, WA

Northampton and Lehigh Counties, PA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

City of Louisville’s Emergency Management Agency, KY

* FEMA Predisaster Mitigation

Sandy Creek Township, City of Franklin, PA

Public Works Department of Winona County, MN

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

City of St. Charles, MN

Town of Dyer, IN

Project

D564E

500,000

500,000

505,000

200,000

2,000,000

500,000

1,000,000

1,000,000

625,000

1,000,000

400,000

990,000

1,000,000

200,000

100,000

100,000

550,000

Funding

DEPARTMENT OF HOMELAND SECURITY—Continued

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

wwoods2 on PRODPC68 with HEARING

James Walsh

James Walsh

Christopher Shays

Harold Rogers

Harold Rogers

David Reichert

John Peterson

John Kuhl

Robin Hayes

Sam Graves

Virgil Goode

Phil English

Charles Dent

John Yarmuth

Tim Walz

Tim Walz

Peter Visclosky

Member

1114

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City of Missouri City, TX

* FEMA Predisaster Mitigation

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City of Kannapolis, NC

Holmes County Commission, OH

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Armstrong County, PA

* FEMA Predisaster Mitigation

City of Fort Worth, TX

City of Plymouth, IN

* FEMA Predisaster Mitigation

Harris County Flood Control District, TX

Wayne County Commissioners, PA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

City of Davenport, IA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Chatham County Emergency Management, GA

* FEMA Predisaster Mitigation

FOR ACQUISITION, DEMOLITION AND RELOCATION OF PROPERTY FOR DISASTER
MITIGATION

City of Georgetown, TX

* FEMA Predisaster Mitigation

City of Monticello, GA

* FEMA Predisaster Mitigation

City of Myrtle Beach, SC

Butts County Public Works Department, GA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

City of Ashburn, GA

* FEMA Predisaster Mitigation

City of Haleyville, AL

City of Fitzgerald, GA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

City of St. Petersburg, for facility hardening, FL

City of St. Petersburg, for shelter hardening, FL

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

wwoods2 on PRODPC68 with HEARING

D564E

400,000

1,000,000

1,000,000

200,000

1,000,000

200,000

200,000

200,000

200,000

200,000

1,000,000

500,000

1,000,000

50,000

30,000

75,000

75,000

750,000

750,000

Robin Hayes

Kay Granger

John Culberson

Zachary Space

John Murtha

Joe Donnelly

Christopher Carney

Bruce Braley

John Barrow

Nick Lampson

John Carter

Henry Brown

Robert Aderholt

Jim Marshall

Jim Marshall

Jim Marshall

Jim Marshall

Bill Young

Bill Young

1115

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Town of Martin, KY
City of Cumberland, KY

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

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North Carolina Department of Crime Control and Public Safety, NC
City of Alpine, TX
City of Del Rio, TX

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Franklin Regional Council of Governments, MA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Arlington County, VA

* FEMA Predisaster Mitigation

Town of Epsom, NH

* FEMA Predisaster Mitigation

Village of Elmsford, NY

Public Works Department of the City of Santa Cruz, CA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Washington Military Department, WA

* FEMA Predisaster Mitigation

Westchester and Rockland Counties, NY

Radford University, VA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Des Moines, IA

* FEMA Predisaster Mitigation

FOR RISK IDENTIFICATION, PLANNING, COMMUNICATION, RESPONSE COORDINATION,
AND MODELING ACTIVITIES FOR DISASTER MITIGATION

City of Greensburg, KY

Town of Pembroke, NH

Project

D564E

600,000

100,000

3,400,000

100,000

260,000

30,000

1,000,000

50,000

90,000

1,000,000

200,000

200,000

650,000

1,350,000

500,000

150,000

Funding

DEPARTMENT OF HOMELAND SECURITY—Continued

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

wwoods2 on PRODPC68 with HEARING

Ciro Rodriguez

Ciro Rodriguez

David Price

John Olver

James Moran

Nita Lowey

Nita Lowey

Paul Hodes

Sam Farr

Norman Dicks

Rick Boucher

Leonard Boswell

Harold Rogers

Harold Rogers

Ron Lewis

Paul Hodes

Member

1116

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Williamstown Lake, Grant and Pendleton Counties, KY
City of Whitehall, OH
City of Hampton, VA
Santa Clara County, CA
Regional Joint Readiness Center, Pittsburgh, PA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

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City of Belton, MO
City of Smithville, MO
Local Emergency Planning Committee, Town of Needham, MA

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

E:\HR\OC\D564E.XXX

Arrowhead Regional Development Commission, MN
San Bernardino County Fire Department, CA
Idaho Bureau of Homeland Security, ID

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Washington County and Washington County Department of Public Works, UT

* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

Jasper County Government, IN

* FEMA Predisaster Mitigation

FOR WILDFIRE MITIGATION ACTIVITIES

City of Los Angeles, CA

* FEMA Predisaster Mitigation

City of Detroit, MI

FOR EMERGENCY ALERT AND NOTIFICATION SYSTEMS

Southeast Missouri State University, MO

* FEMA Predisaster Mitigation

Lehman College, NY
Broward County, FL

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* FEMA Predisaster Mitigation

* FEMA Predisaster Mitigation

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D564E

600,000

1,500,000

450,000

200,000

200,000

200,000

150,000

215,000

100,000

485,000

500,000

250,000

250,000

500,000

500,000

430,000

500,000

1,000,000

Mike Simpson

Jerry Lewis

James Oberstar

Jim Matheson

Stephen Lynch

Sam Graves

Emanuel Cleaver

Peter Visclosky

Lucille Roybal-Allard

Carolyn Kilpatrick

Jason Altmire, Mike Doyle, Tim Murphy

Michael Honda

Thelma Drake

David Hobson

Geoff Davis

Jo Ann Emerson

Debbie Wasserman Schultz

Jose´ Serrano

1117

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Community-Based Critical Infrastructure Protection Institute, KY

National Transportation Security Center of Excellence

Intermodal Radiation Test Center, WA

Pajaro Valley Community Health Trust, CA
Peebles School, LA

* S&T Research, Development, Acquisition, and Operations; General Provision

DNDO, Research, Development and Operations

* General Provision

General Provision

Naval Postgraduate School, CA

* S&T Research, Development, Acquisition, and Operations

* S&T Research, Development, Acquisition, and Operations

Regional Technology Integration

S&T Research, Development, Acquisition,
and Operations

RTI International, NC

* S&T Research, Development, Acquisition, and Operations
Southeast Regional Research Institute

Artesia Training and Related Facilities new construction, NM

FLETC, Acquisition, Construction, Improvements, and Related Expenses

S&T Research, Development, Acquisition,
and Operations

Bronx project, Northern Manhattan Coalition for Immigrant Rights, NY

Citizens Advice Bureau, NY

Project

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5,500,000

4,000,000

11,000,000

2,000,000

9,500,000

27,000,000

7,500,000

3,320,000

300,000

150,000

Funding

DEPARTMENT OF HOMELAND SECURITY—Continued

* US Citizenship and Immigration Services

* US Citizenship and Immigration Services

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Member

D564E

Mary Landrieu

Sam Farr

Patty Murray

Rosa DeLauro, John Boozman, Joe Courtney, John Larson, Zoe
Lofgren, Christopher Murphy, Mike Ross, Vic Snyder, Dianne
Feinstein

Harold Rogers

The President, Sam Farr

The President, Dianne Feinstein

Lamar Alexander, Thad Cochran, Bob Corker

David Price

Pete Domenici

Jose´ Serrano

Jose´ Serrano

1118

VerDate Aug 31 2005

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* General Provision

* General Provision

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Communications system, MS

Guam
Thad Cochran

Daniel Inouye, Madeleine Bordallo, Mary Landrieu

1119

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1120
FUNDING RECOMMENDATIONS

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The amended bill detailed funding recommendations for programs are contained in the table listed below.

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1159

1160
AMENDED BILL TOTAL—WITH COMPARISONS
The total new budget (obligational) authority for fiscal year 2008
provided in the amended bill, with comparisons to the fiscal year
2007 amount, the 2008 budget estimates, and the House and Senate bills for 2008 follow;
[In thousands of dollars]

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New budget (obligational) authority, fiscal year 2007 ........................
Budget estimates of new (obligational) authority, fiscal year 2008
House bill, fiscal year 2008 ...................................................................
Senate bill, fiscal year 2008 ..................................................................
Amended bill, fiscal year 2008 ..............................................................
Amended bill compared with:
New budget (obligational) authority, fiscal year 2007 ................
Budget estimates of new (obligational) authority, fiscal year
2008 ..............................................................................................
House bill, fiscal year 2008 ............................................................
Senate bill, fiscal year 2008 ...........................................................

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$40,307.323
35,497,333
37,446,480
40,623,434
38,746,643
¥1,560,680
+3,249,310
+1,300,163
¥1,876,791

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