S.Amdt. 2389

TEXT OF AMENDMENTS

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

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

TITLE I

DEPARTMENT OF HOMELAND SECURITY

DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

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

[[Page S9840]]

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

Office of the Under Secretary for Management

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

Office of the Chief Financial Officer

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

Office of the Chief Information Officer

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

Analysis and Operations

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

Office of the Federal Coordinator for Gulf Coast Rebuilding

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

Office of Inspector General

Operating Expenses

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

TITLE II

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

Salaries and Expenses

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

Automation Modernization

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

Border Security Fencing, Infrastructure, and Technology

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

[[Page S9841]]

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

Air and Marine Interdiction, Operations, Maintenance, and Procurement

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

Construction

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

U.S. Immigration and Customs Enforcement

Salaries and Expenses

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

Federal Protective Service

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

Automation Modernization

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

Construction

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

Transportation Security Administration

Aviation Security

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

Surface Transportation Security

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

Transportation Threat Assessment and Credentialing

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

Transportation Security Support

For necessary expenses of the Transportation Security
Administration related to

[[Page S9842]]

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

Federal Air Marshals

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

United States Coast Guard

Operating Expenses

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

Environmental Compliance and Restoration

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

Reserve Training

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

Acquisition, Construction, and Improvements

(including rescissions of funds)

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

Alteration of Bridges

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

Research, Development, Test, and Evaluation

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

Retired Pay

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

United States Secret Service

salaries and expenses

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

[[Page S9843]]

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

Acquisition, Construction, Improvements, and Related Expenses

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

TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

National Protection and Programs Directorate

Management and Administration

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

Infrastructure Protection and Information Security

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

United States Visitor and Immigrant Status Indicator Technology

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

Office of Health Affairs

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

Federal Emergency Management Agency

Management and Administration

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

State and Local Programs

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

[[Page S9844]]

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

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

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

Firefighter Assistance Grants

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

Emergency Management Performance Grants

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

Radiological Emergency Preparedness Program

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

United States Fire Administration

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

Disaster Relief

(including transfer of funds)

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

Disaster Assistance Direct Loan Program Account

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

Flood Map Modernization Fund

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

National Flood Insurance Fund

(including transfer of funds)

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

[[Page S9845]]

not exceed four percent of the total appropriation.

National Flood Mitigation Fund

(including transfer of funds)

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

National Pre-Disaster Mitigation Fund

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

Emergency Food and Shelter

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

TITLE IV

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

United States Citizenship and Immigration Services

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

Federal Law Enforcement Training Center

Salaries and Expenses

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

Acquisitions, Construction, Improvements, and Related Expenses

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

Science and Technology

management and administration

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

Research, Development, Acquisition, and Operations

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

Domestic Nuclear Detection Office

Management and Administration

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

Research, Development, Acquisition, and Operations

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

Systems Acquisition

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

TITLE V

GENERAL PROVISIONS

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

[[Page S9846]]

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

(rescission of funds)

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

[[Page S9847]]

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

SA 2384. Mr. VITTER proposed an amendment to amendment SA 2383
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R.
2638, making appropriations for the Department of Homeland Security for
the fiscal year ending September 30, 2008, and for other purposes; as
follows:

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

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

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

[[Page S9848]]

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

SA 2385. Mr. GREGG submitted an amendment intended to be proposed by
him to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 536. ACCOUNTABILITY IN GRANT AND CONTRACT
ADMINISTRATION.

The Department of Homeland Security, including the Federal
Emergency Management Agency, shall--
(1) consider implementation, through fair and open
competition, of an already available electronic management,
tracking, accountability system to strengthen and enhance
information sharing on Federal and State grant allocations,
distribution, expenditures, and asset tracking at the Federal
and State level; and
(2) provide for efficient and accountable purchasing by
considering usage of Federal contracts and multi-state
cooperative purchasing agreements.
______

SA 2386. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr.
Cochran) to the bill H.R. 2638, making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2008, and for other purposes; which was ordered to lie on the
table; as follows:

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

SEC. __. TECHNICAL CORRECTIONS.

(a) In General.--
(1) Redesignations.--Chapter 27 of title 18, United States
Code, is amended by redesignating section 554 added by
section 551(a) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389)
(relating to border tunnels and passages) as section 555.
(2) Table of sections.--The table of sections for chapter
27 of title 18, United States Code, is amended by striking
the item relating to section 554, ``Border tunnels and
passages'', and inserting the following:

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

(b) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by striking ``554'' and
inserting ``555''.
(c) Directive to the United States Sentencing Commission.--
Section 551(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390)
is amended in paragraphs (1) and (2)(A) by striking ``554''
and inserting ``555''.
______

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

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

SEC. 536. SEXUAL ABUSE.

Sections 2241, 2242, 2243, and 2244 of title 18, United
States Code, are each amended by striking ``the Attorney
General'' each place that term appears and inserting ``the
head of any Federal department or agency''.
______

SA 2388. Mr. BINGAMAN (for himself, Mr. Domenici, Mrs. Hutchison, Mr.
Cornyn, and Mr. Salazar) submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; as follows:

At the end of the bill, insert the following:

TITLE VI--BORDER LAW ENFORCEMENT RELIEF ACT

SEC. 601. SHORT TITLE.

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

SEC. 602. BORDER RELIEF GRANT PROGRAM.

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

[[Page S9849]]

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

SEC. 603. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

Nothing in this title shall be construed to authorize State
or local law enforcement agencies or their officers to
exercise Federal immigration law enforcement authority.
______

SA 2389. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

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

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

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

SA 2390. Ms. CLINTON submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, insert after:
Sec. 536. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
______

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

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

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

As soon as practicable, but not later than 3 months after
the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committee on Appropriations the
Committee on Homeland Security and Governmental Affairs, and
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Appropriations, the committee on
Homeland Security, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
regarding the plans of the Secretary of Homeland Security
relating to--
(1) implementing the recommendations regarding the 2010
Vancouver Olympic and Paralympic Games in the Joint
Explanatory statement of the Committee of Conference on H.R.
5441 (109th Congress), the Department of Homeland Security
Appropriations Act, 2007, with specific funding strategies
for--
(A) the Multiagency Coordination Center; and
(B) communications exercises to validate communications
pathways, test equipment, and support the training and
familiarization of personnel on the operations of the
difference technologies used to support the 2010 Vancouver
Olympic and Paralympic Games; and
(2) the feasibility of implementing a program to prescreen
individuals traveling by rail between Vancouver, Canada and
Seattle, Washington during the 2010 Vancouver Olympic and
Paralympic Games, while those individuals are located in
Vancouver, Canada, similar to the preclearance arrangements
in effect in Vancouver, Canada for certain flights between
the United States and Canada.
______

SA 2392. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed by him to the bill H.R. 2638, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF SENATE ON IMMIGRATION.

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

[[Page S9850]]

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

SA 2393. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

On page 40, line 10, after ``as needed:'' insert the
following: ``Provided further, That in allocating grants
funded under this heading, the Secretary of Homeland Security
shall consider the risk to a State of a natural disaster and
the risk to a State of a natural disaster that may
substantially affect farming, ranching, or aquaculture
operations: Provided further, That not later than 30 days
before the date that applications for grants to States funded
under this heading are to be submitted to the Secretary of
Homeland Security, the Secretary shall make available to
States the risk methodology and other factors that will be
used to allocate such grants:''.
______

SA 2394. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 536. PRIORITIZATION OF FLOODPLAIN MAPS.

(a) Reviewing, Updating, and Maintaining Maps.--The
Administrator of the Federal Emergency Management Agency
shall establish an ongoing program under which the
Administrator shall review, update, and maintain floodplain
maps in accordance with this section.
(b) Mapping.--
(1) In general.--In carrying out the program established
under subsection (a), the Administrator shall establish a
system of priority to identify, review, update, maintain, and
publish floodplain maps with respect to all areas located
within the 100-year floodplain.
(2) Highest priority.--The priority system required under
paragraph (1) shall set as its highest priority the mapping
of any floodplain located in an area that was, in the 5 years
prior to the date of enactment of this Act, subject to a
declaration by the President of a major disaster (as that
term is defined under section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)) due to a natural disaster.
______

SA 2395. Mr. HAGEL submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:
Sec. 536. (a) Lightweight Decontamination Systems for the
National Guard.--
(1) Additional amount for office of health affairs.--The
amount appropriated by title III under the heading ``Office
of Health Affairs'' is hereby increased by $20,000,000.
(2) Availability.--Of the amount appropriated by title III
under the heading ``Office of Health Affairs'', as increased
by paragraph (1), the amount available for biosurveillance,
biowatch, chemical response, and related activities for the
Department of Homeland Security is hereby increased by
$20,000,000, with the amount of the increase to be available
for the procurement of lightweight decontamination systems
for the National Guard.
(b) Offsets.--
(1) Office of the secretary and executive management.--The
amount appropriated by title I under the heading ``Office of
the Secretary and Executive Management'' is hereby decreased
by $10,000,000.
(2) Office of the under secretary for management.--The
amount appropriated by title I under the heading ``Office of
the Under Secretary for Management'' is hereby decreased by
$10,000,000.
______

SA 2396. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bill H.R. 2638, making appropriations for the Department
of Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

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

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

Notwithstanding any cost recovery requirement established
by the Director of the Office of Management and Budget or
other provision of law, the Secretary of Homeland Security
and the Secretary of State may not charge a fee in an amount
greater than $20 for any passport card or similar travel
document issued pursuant to section 7209 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185
note).
______

SA 2397. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

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

[[Page S9851]]

(d) Air Carrier and Foreign Air Carrier Defined.--In this
section, the terms ``air carrier'' and ``foreign air
carrier'' have the meaning given such terms in section 40102
of title 49, United States Code.
______

SA 2398. Mrs. CLINTON (for herself, Mr. Kennedy, Mr. Schumer, Mr.
Lautenberg, Mr. Akaka, and Mr. Lieberman) submitted an amendment
intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for
himself and Mr. Cochran) to the bill H.R. 2638, making appropriations
for the Department of Homeland Security for the fiscal year ending
September 30, 2008, and for other purposes; which was ordered to lie on
the table; as follows:

On page 17, line 6, before the period, insert the
following: ``: Provided further, That notwithstanding any
other provision of law, the Secretary of Homeland Security
shall ensure that the workforce of the Federal Protective
Service includes not fewer than 1,200 Commanders, Police
Officers, Inspectors, and Special Agents engaged on a daily
basis in protecting Federal buildings (under this heading
referred to as `in-service'): Provided further, That the
Secretary of Homeland Security and the Director of the Office
of Management and Budget shall adjust fees as necessary to
ensure full funding of not fewer than 1,200 in-service
Commanders, Police Officers, Inspectors, and Special Agents
at the Federal Protective Service''.
______

SA 2399. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to
the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DOCUMENT VERIFICATION TECHNOLOGY.

(a) Pilot Program.--No later than 180 days after enactment
of this Act, the Secretary of Homeland Security, using funds
appropriated by this Act, shall implement a pilot program to
test automated document authentication technology at United
States ports-of-entry to determine the effectiveness of the
technology in detecting fraudulent travel documents and
reducing the ability of terrorists to enter the United
States.
(b) Report.--Within 90 days after the date on which the
pilot program under subsection (a) is completed, the
Secretary of Homeland Security shall submit a report to the
appropriate congressional committees (as defined in section
2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2)))
on the results of the pilot program.
______

SA 2400. Mr. VITTER (for himself, Mr. Nelson of Florida, and Ms.
Stabenow) submitted an amendment intended to be proposed to amendment
SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill
H.R. 2638, making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2008, and for other
purposes; which was ordered to lie on the table; as follows:

On page 69, after line 24, add the following:
Sec. 536.  None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual from importing a prescription drug from Canada
if--
(1) such individual--
(A) is not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(g)));
(B) imports such drug by transporting it on their person;
and
(C) while importing such drug, only transports a personal-
use quantity of such drug that does not exceed a 90-day
supply; and
(2) such drug--
(A) complies with sections 501, 502, and 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355);
and
(B) is not--
(i) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(ii) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
______

SA 2401. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran)
to the bill H.R. 2638, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes; which was ordered to lie on the table; as follows:

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

____________________