[House Prints, 110th Congress]
[From the U.S. Government Printing Office]



=======================================================================


                 [House Appropriations Committee Print]

                 Consolidated Appropriations Act, 2008

                    (H.R. 2764; Public Law 110-161)


 
  DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008

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                          CONTENTS, DIVISION E

                                                                   Page
Legislative Text:
    Title I--Departmental Management and Operations..............   960
    Title II--Security, Enforcement, and Investigations..........   962
    Title III--Protection, Preparedness, Response, and Recovery..   976
    Title IV--Research and Development, Training, and Services...   985
    Title V--General Provisions..................................   987
    Title VI--Border Infrastructure and Technology Modernization.  1012
Explanatory Statement:
    Title I--Departmental Management and Operations..............  1017
    Title II--Security, Enforcement, and Investigations..........  1028
    Title III--Protection, Preparedness, Response, and Recovery..  1068
    Title IV--Research and Development, Training, and Services...  1088
    Title V--General Provisions..................................  1098
    Title VI--Border Infrastructure and Technology Modernization.  1109
    Earmark Disclosure...........................................  1109
    Table........................................................  1111
    [Clerk's note: Six sections which precede division A in the 
Consolidated Appropriations Act apply to all divisions of the 
Act, including this one. The text of these sections is as 
follows:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidated Appropriations 
Act, 2008''.

SEC. 2. TABLE OF CONTENTS.

    [Text omitted for purposes of this note]

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to 
``this Act'' contained in any division of this Act shall be 
treated as referring only to the provisions of that division.

SEC. 4. EXPLANATORY STATEMENT.

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

SEC. 5. EMERGENCY DESIGNATIONS.

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

SEC. 6. STATEMENT OF APPROPRIATIONS.

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

                      Legislative Text, Division E


  DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008


                                TITLE I


                    DEPARTMENT OF HOMELAND SECURITY


                 DEPARTMENTAL MANAGEMENT AND OPERATIONS


            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

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

                        Analysis and Operations


                    (INCLUDING RESCISSION OF FUNDS)

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

      Office of the Federal Coordinator for Gulf Coast Rebuilding

  For necessary expenses of the Office of the Federal 
Coordinator for Gulf Coast Rebuilding, $2,700,000: Provided, 
That $1,000,000 shall not be available for obligation until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive an expenditure plan for fiscal year 
2008.

                      Office of Inspector General

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

                                TITLE II


               SECURITY, ENFORCEMENT, AND INVESTIGATIONS


                   U.S. Customs and Border Protection


                         SALARIES AND EXPENSES

  For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, and agricultural 
inspections and regulatory activities related to plant and 
animal imports; purchase and lease of up to 4,500 (2,300 for 
replacement only) police-type vehicles; and contracting with 
individuals for personal services abroad; $6,802,560,000, of 
which $3,093,000 shall be derived from the Harbor Maintenance 
Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 
not to exceed $45,000 shall be for official reception and 
representation expenses; of which not less than $226,740,000 
shall be for Air and Marine Operations; of which $13,000,000 
shall be used to procure commercially available technology in 
order to expand and improve the risk-based approach of the 
Department of Homeland Security to target and inspect cargo 
containers under the Secure Freight Initiative and the Global 
Trade Exchange; of which such sums as become available in the 
Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that 
account; of which not to exceed $150,000 shall be available for 
payment for rental space in connection with preclearance 
operations; and of which not to exceed $1,000,000 shall be for 
awards of compensation to informants, to be accounted for 
solely under the certificate of the Secretary of Homeland 
Security: Provided, That of the amount provided under this 
heading, $323,000,000 is designated as described in section 5 
(in the matter preceding division A of this consolidated Act): 
Provided further, That for fiscal year 2008, the overtime 
limitation prescribed in section 5(c)(1) of the Act of February 
13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and 
notwithstanding any other provision of law, none of the funds 
appropriated by this Act may be available to compensate any 
employee of U.S. Customs and Border Protection for overtime, 
from whatever source, in an amount that exceeds such 
limitation, except in individual cases determined by the 
Secretary of Homeland Security, or the designee of the 
Secretary, to be necessary for national security purposes, to 
prevent excessive costs, or in cases of immigration 
emergencies: Provided further, That of the amount made 
available under this heading, $202,816,000 shall remain 
available until September 30, 2009, to support software 
development, equipment, contract services, and the 
implementation of inbound lanes and modification to vehicle 
primary processing lanes at ports of entry; of which $100,000 
is to promote information and education exchange with nations 
friendly to the United States in order to promote sharing of 
best practices and technologies relating to homeland security, 
as authorized by section 879 of Public Law 107-296; and of 
which $75,000,000 may not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives 
receive a report not later than 120 days after the date of 
enactment of this Act on the preliminary results of testing of 
pilots at ports of entry used to develop and implement the plan 
required by section 7209(b)(1) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 
1185 note), which includes the following information: (1) 
infrastructure and staffing required, with associated costs, by 
port of entry; (2) updated milestones for plan implementation; 
(3) a detailed explanation of how requirements of such section 
have been satisfied; (4) confirmation that a vicinity-read 
radio frequency identification card has been adequately tested 
to ensure operational success; and (5) a description of steps 
taken to ensure the integrity of privacy safeguards.

                        AUTOMATION MODERNIZATION

  For expenses for U.S. Customs and Border Protection automated 
systems, $476,609,000, to remain available until expended, of 
which not less than $316,969,000 shall be for the development 
of the Automated Commercial Environment: Provided, That of the 
total amount made available under this heading, $216,969,000 
may not be obligated for the Automated Commercial Environment 
program until 30 days after the Committees on Appropriations of 
the Senate and the House of Representatives receive a report on 
the results to date and plans for the program from the 
Department of Homeland Security that includes:
          (1) a detailed accounting of the program's progress 
        up to the date of the report in meeting prior 
        commitments made to the Committees relative to system 
        capabilities or services, system performance levels, 
        mission benefits and outcomes, milestones, cost 
        targets, and program management capabilities;
          (2) an explicit plan of action defining how all funds 
        are to be obligated to meet future program commitments, 
        with the planned expenditure of funds linked to the 
        milestone-based delivery of specific capabilities, 
        services, performance levels, mission benefits and 
        outcomes, and program management capabilities;
          (3) a listing of all open Government Accountability 
        Office and Office of Inspector General recommendations 
        related to the program, with the status of the 
        Department's efforts to address the recommendations, 
        including milestones for fully addressing them;
          (4) a certification by the Chief Procurement Officer 
        of the Department that the program has been reviewed 
        and approved in accordance with the investment 
        management process of the Department, and that the 
        process fulfills all capital planning and investment 
        control requirements and reviews established by the 
        Office of Management and Budget, including Circular A-
        11, part 7, as well as supporting analyses generated by 
        and used in the Department's process;
          (5) a certification by the Chief Information Officer 
        of the Department that an independent validation and 
        verification agent has and will continue to actively 
        review the program;
          (6) a certification by the Chief Information Officer 
        of the Department that the system architecture of the 
        program is sufficiently aligned with the information 
        systems enterprise architecture of the Department to 
        minimize future rework, including a description of all 
        aspects of the architectures that were and were not 
        assessed in making the alignment determination, the 
        date of the alignment determination, any known areas of 
        misalignment along with the associated risks and 
        corrective actions to address any such areas;
          (7) a certification by the Chief Information Officer 
        of the Department that the program has a risk 
        management process that regularly and proactively 
        identifies, evaluates, mitigates, and monitors risks 
        throughout the system life cycle, and communicates 
        high-risk conditions to U.S. Customs and Border 
        Protection and Department of Homeland Security 
        investment decision makers, as well as a listing of the 
        program's high risks and the status of efforts to 
        address them;
          (8) a certification by the Chief Procurement Officer 
        of the Department that the plans for the program comply 
        with the Federal acquisition rules, requirements, 
        guidelines, and practices, and a description of the 
        actions being taken to address areas of non-compliance, 
        the risks associated with them along with any plans for 
        addressing these risks and the status of their 
        implementation; and
          (9) a certification by the Chief Human Capital 
        Officer of the Department that the human capital needs 
        of the program are being strategically and proactively 
        managed, and that current human capital capabilities 
        are sufficient to execute the plans discussed in the 
        report.

        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

  For expenses for customs and border protection fencing, 
infrastructure, and technology, $1,225,000,000, to remain 
available until expended: Provided, That of the amount provided 
under this heading, $1,053,000,000 is designated as described 
in section 5 (in the matter preceding division A of this 
consolidated Act): Provided further, That of the amount 
provided under this heading, $650,000,000 shall not be 
obligated until the Committees on Appropriations of the Senate 
and the House of Representatives receive and approve a plan for 
expenditure, prepared by the Secretary of Homeland Security and 
submitted within 90 days after the date of enactment of this 
Act, for a program to establish a security barrier along the 
borders of the United States of fencing and vehicle barriers, 
where practicable, and other forms of tactical infrastructure 
and technology, that includes:
          (1) a detailed accounting of the program's progress 
        to date relative to system capabilities or services, 
        system performance levels, mission benefits and 
        outcomes, milestones, cost targets, program management 
        capabilities, identification of the maximum investment 
        (including lifecycle costs) required by the Secure 
        Border Initiative network or any successor contract, 
        and description of the methodology used to obtain these 
        cost figures;
          (2) a description of how activities will further the 
        objectives of the Secure Border Initiative, as defined 
        in the Secure Border Initiative multi-year strategic 
        plan, and how the plan allocates funding to the highest 
        priority border security needs;
          (3) an explicit plan of action defining how all funds 
        are to be obligated to meet future program commitments, 
        with the planned expenditure of funds linked to the 
        milestone-based delivery of specific capabilities, 
        services, performance levels, mission benefits and 
        outcomes, and program management capabilities;
          (4) an identification of staffing (including full-
        time equivalents, contractors, and detailees) 
        requirements by activity;
          (5) a description of how the plan addresses security 
        needs at the Northern Border and the ports of entry, 
        including infrastructure, technology, design and 
        operations requirements;
          (6) a report on costs incurred, the activities 
        completed, and the progress made by the program in 
        terms of obtaining operational control of the entire 
        border of the United States;
          (7) a listing of all open Government Accountability 
        Office and Office of Inspector General recommendations 
        related to the program and the status of Department of 
        Homeland Security actions to address the 
        recommendations, including milestones to fully address 
        them;
          (8) a certification by the Chief Procurement Officer 
        of the Department that the program has been reviewed 
        and approved in accordance with the investment 
        management process of the Department, and that the 
        process fulfills all capital planning and investment 
        control requirements and reviews established by the 
        Office of Management and Budget, including Circular A-
        11, part 7;
          (9) a certification by the Chief Information Officer 
        of the Department that the system architecture of the 
        program is sufficiently aligned with the information 
        systems enterprise architecture of the Department to 
        minimize future rework, including a description of all 
        aspects of the architectures that were and were not 
        assessed in making the alignment determination, the 
        date of the alignment determination, and any known 
        areas of misalignment along with the associated risks 
        and corrective actions to address any such areas;
          (10) a certification by the Chief Procurement Officer 
        of the Department that the plans for the program comply 
        with the Federal acquisition rules, requirements, 
        guidelines, and practices, and a description of the 
        actions being taken to address areas of non-compliance, 
        the risks associated with them along with any plans for 
        addressing these risks, and the status of their 
        implementation;
          (11) a certification by the Chief Information Officer 
        of the Department that the program has a risk 
        management process that regularly and proactively 
        identifies, evaluates, mitigates, and monitors risks 
        throughout the system life cycle and communicates high-
        risk conditions to U.S. Customs and Border Protection 
        and Department of Homeland Security investment decision 
        makers, as well as a listing of all the program's high 
        risks and the status of efforts to address them;
          (12) a certification by the Chief Human Capital 
        Officer of the Department that the human capital needs 
        of the program are being strategically and proactively 
        managed, and that current human capital capabilities 
        are sufficient to execute the plans discussed in the 
        report;
          (13) an analysis by the Secretary for each segment, 
        defined as no more than 15 miles, of fencing or 
        tactical infrastructure, of the selected approach 
        compared to other, alternative means of achieving 
        operational control; such analysis should include cost, 
        level of operational control, possible unintended 
        effects on communities, and other factors critical to 
        the decision making process;
          (14) a certification by the Chief Procurement Officer 
        of the Department of Homeland Security that procedures 
        to prevent conflicts of interest between the prime 
        integrator and major subcontractors are established and 
        that the Secure Border Initiative Program Office has 
        adequate staff and resources to effectively manage the 
        Secure Border Initiative program, Secure Border 
        Initiative network contract, and any related contracts, 
        including the exercise of technical oversight, and a 
        certification by the Chief Information Officer of the 
        Department of Homeland Security that an independent 
        verification and validation agent is currently under 
        contract for the projects funded under this heading; 
        and
          (15) is reviewed by the Government Accountability 
        Office:
Provided further, That the Secretary shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives on program progress to date and specific 
objectives to be achieved through the award of current and 
remaining task orders planned for the balance of available 
appropriations: (1) at least 30 days prior to the award of any 
task order requiring an obligation of funds in excess of 
$100,000,000; and (2) prior to the award of a task order that 
would cause cumulative obligations of funds to exceed 50 
percent of the total amount appropriated: Provided further, 
That of the funds provided under this heading, not more than 
$2,000,000 shall be used to reimburse the Defense Acquisition 
University for the costs of conducting a review of the Secure 
Border Initiative network contract and determining how and 
whether the Department is employing the best procurement 
practices: Provided further, That none of the funds under this 
heading may be obligated for any project or activity for which 
the Secretary has exercised waiver authority pursuant to 
section 102(c) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 days 
have elapsed from the date of the publication of the decision 
in the Federal Register.

 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

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

                              CONSTRUCTION

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

                U.S. Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

  For necessary expenses for enforcement of immigration and 
customs laws, detention and removals, and investigations; and 
purchase and lease of up to 3,790 (2,350 for replacement only) 
police-type vehicles; $4,687,517,000, of which not to exceed 
$7,500,000 shall be available until expended for conducting 
special operations under section 3131 of the Customs 
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to 
exceed $15,000 shall be for official reception and 
representation expenses; of which not to exceed $1,000,000 
shall be for awards of compensation to informants, to be 
accounted for solely under the certificate of the Secretary of 
Homeland Security; of which not less than $305,000 shall be for 
promotion of public awareness of the child pornography tipline 
and anti-child exploitation activities as requested by the 
President; of which not less than $5,400,000 shall be used to 
facilitate agreements consistent with section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of 
which not to exceed $11,216,000 shall be available to fund or 
reimburse other Federal agencies for the costs associated with 
the care, maintenance, and repatriation of smuggled illegal 
aliens: Provided, That of the amount provided under this 
heading, $516,400,000 is designated as described in section 5 
(in the matter preceding division A of this consolidated Act): 
Provided further, That none of the funds made available under 
this heading shall be available to compensate any employee for 
overtime in an annual amount in excess of $35,000, except that 
the Secretary of Homeland Security, or the designee of the 
Secretary, may waive that amount as necessary for national 
security purposes and in cases of immigration emergencies: 
Provided further, That of the total amount provided, 
$15,770,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2008, of which not to exceed 
$6,000,000 shall remain available until expended: Provided 
further, That of the total amount provided, not less than 
$2,381,401,000 is for detention and removal operations: 
Provided further, That of the total amount provided, 
$200,000,000 shall remain available until September 30, 2009, 
to improve and modernize efforts to identify aliens convicted 
of a crime, sentenced to imprisonment, and who may be 
deportable, and remove them from the United States once they 
are judged deportable: Provided further, That none of the funds 
made available to improve and modernize efforts to identify and 
remove aliens convicted of a crime, sentenced to imprisonment, 
and who may be deportable (in this proviso referred to as 
criminal aliens), and remove them from the United States once 
they are judged deportable, shall be obligated until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a plan for expenditure, prepared by the 
Secretary of Homeland Security and submitted within 90 days 
after the date of enactment of this Act, to modernize the 
policies and technologies used to identify and remove criminal 
aliens, that--
          (1) presents a strategy for U.S. Immigration and 
        Customs Enforcement to identify every criminal alien, 
        at the prison, jail, or correctional institution in 
        which they are held;
          (2) establishes the process U.S. Immigration and 
        Customs Enforcement, in conjunction with the U.S. 
        Department of Justice, will use to make every 
        reasonable effort to remove, upon their release from 
        custody, all criminal aliens judged deportable;
          (3) presents a methodology U.S. Immigration and 
        Customs Enforcement will use to identify and prioritize 
        for removal criminal aliens convicted of violent 
        crimes;
          (4) defines the activities, milestones, and resources 
        for implementing the strategy and process described in 
        sections (1) and (2); and
          (5) includes program measurements for progress in 
        implementing the strategy and process described in 
        sections (1) and (2):
Provided further, That the Secretary of Homeland Security or a 
designee of the Secretary shall report to the Committees on 
Appropriations of the Senate and the House of Representatives, 
at least quarterly, on progress implementing the expenditure 
plan required in the preceding proviso, and the funds obligated 
during that quarter to make that progress: Provided further, 
That the funding and staffing resources necessary to carry out 
the strategy and process described in sections (1) and (2) 
under this heading shall be identified in the President's 
fiscal year 2009 budget submission to Congress.

                       FEDERAL PROTECTIVE SERVICE

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

                        AUTOMATION MODERNIZATION

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

                              CONSTRUCTION

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

                 Transportation Security Administration


                           AVIATION SECURITY

                     (INCLUDING TRANSFER OF FUNDS)

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

                    SURFACE TRANSPORTATION SECURITY

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

           TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

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

                    TRANSPORTATION SECURITY SUPPORT

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

                          FEDERAL AIR MARSHALS

  For necessary expenses of the Federal Air Marshals, 
$769,500,000.

                              Coast Guard


                           OPERATING EXPENSES

  For necessary expenses for the operation and maintenance of 
the Coast Guard not otherwise provided for; purchase or lease 
of not to exceed 25 passenger motor vehicles, which shall be 
for replacement only; minor shore construction projects not 
exceeding $1,000,000 in total cost at any location; payments 
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
note; 96 Stat. 1920); and recreation and welfare; 
$5,891,347,000, of which $340,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from 
the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); of which not to exceed $20,000 shall be for 
official reception and representation expenses; and of which 
$3,600,000 shall be for costs to plan and design an expansion 
to the Operations Systems Center subject to the approval of a 
prospectus: Provided, That none of the funds made available by 
this or any other Act shall be available for administrative 
expenses in connection with shipping commissioners in the 
United States: Provided further, That none of the funds made 
available by this Act shall be for expenses incurred for 
recreational vessels under section 12114 of title 46, United 
States Code, except to the extent fees are collected from yacht 
owners and credited to this appropriation: Provided further, 
That not to exceed 5 percent of this appropriation may be 
transferred to the ``Acquisition, Construction, and 
Improvements'' appropriation for personnel compensation and 
benefits and related costs to adjust personnel assignment to 
accelerate management and oversight of new or existing projects 
without detrimentally affecting the management and oversight of 
other projects: Provided further, That the amount made 
available for ``Personnel, Compensation, and Benefits'' in the 
``Acquisition, Construction, and Improvements'' appropriation 
shall not be increased by more than 10 percent by such 
transfers: Provided further, That the Committees on 
Appropriations of the Senate and the House of Representatives 
shall be notified of each transfer within 30 days after it is 
executed by the Treasury: Provided further, That of the amount 
provided under this heading, $70,300,000 is designated as 
described in section 5 (in the matter preceding division A of 
this consolidated Act).

                ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

                            RESERVE TRAINING

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

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

                    (INCLUDING RESCISSIONS OF FUNDS)

  For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore 
facilities, vessels, and aircraft, including equipment related 
thereto; and maintenance, rehabilitation, lease and operation 
of facilities and equipment, as authorized by law; 
$1,125,083,000, of which $20,000,000 shall be derived from the 
Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); of which $45,000,000 shall be available until 
September 30, 2012, to acquire, repair, renovate, or improve 
vessels, small boats, and related equipment; of which 
$173,100,000 shall be available until September 30, 2010, for 
other equipment; of which $40,997,000 shall be available until 
September 30, 2010, for shore facilities and aids to navigation 
facilities; of which $82,720,000 shall be available for 
personnel compensation and benefits and related costs; and of 
which $783,266,000 shall be available until September 30, 2012, 
for the Integrated Deepwater Systems program: Provided, That of 
the funds made available for the Integrated Deepwater Systems 
program, $327,416,000 is for aircraft and $243,400,000 is for 
surface ships: Provided further, That of the amount provided in 
the preceding proviso for aircraft, $70,000,000 may not be 
obligated for the Maritime Patrol Aircraft until the Commandant 
of the Coast Guard certifies that the mission system pallet 
Developmental Test and Evaluation of the HC-144A CASA Maritime 
Patrol Aircraft is complete: Provided further, That no funds 
shall be available for procurements related to the acquisition 
of additional major assets as part of the Integrated Deepwater 
Systems program not already under contract until an 
alternatives analysis has been completed by an independent 
qualified third party: Provided further, That $300,000,000 of 
the funds provided for the Integrated Deepwater Systems program 
may not be obligated until the Committees on Appropriations of 
the Senate and the House of Representatives receive and approve 
a plan for expenditure directly from the Coast Guard that--
          (1) defines activities, milestones, yearly costs, and 
        lifecycle costs for each procurement of a major asset, 
        including an independent cost estimate for each;
          (2) identifies lifecycle staffing and training needs 
        of Coast Guard project managers and of procurement and 
        contract staff;
          (3) identifies competition to be conducted in each 
        procurement;
          (4) describes procurement plans that do not rely on a 
        single industry entity or contract;
          (5) includes a certification by the Chief Human 
        Capital Officer of the Department that current human 
        capital capabilities are sufficient to execute the 
        plans discussed in the report;
          (6) contains very limited indefinite delivery/
        indefinite quantity contracts and explains the need for 
        any indefinite delivery/indefinite quantity contracts;
          (7) identifies individual project balances by fiscal 
        year, including planned carryover into fiscal year 2009 
        by project;
          (8) identifies operational gaps by asset and explains 
        how funds provided in this Act address the shortfalls 
        between current operational capabilities and 
        requirements;
          (9) includes a listing of all open Government 
        Accountability Office and Office of Inspector General 
        recommendations related to the program and the status 
        of Coast Guard actions to address the recommendations, 
        including milestones for fully addressing them;
          (10) includes a certification by the Chief 
        Procurement Officer of the Department that the program 
        has been reviewed and approved in accordance with the 
        investment management process of the Department, and 
        that the process fulfills all capital planning and 
        investment control requirements and reviews established 
        by the Office of Management and Budget, including 
        Circular A-11, part 7;
          (11) identifies use of the Defense Contract Auditing 
        Agency;
          (12) includes a certification by the head of 
        contracting activity for the Coast Guard and the Chief 
        Procurement Officer of the Department that the plans 
        for the program comply with the Federal acquisition 
        rules, requirements, guidelines, and practices, and a 
        description of the actions being taken to address areas 
        of non-compliance, the risks associated with them along 
        with plans for addressing these risks, and the status 
        of their implementation;
          (13) identifies the use of independent validation and 
        verification; and
          (14) is reviewed by the Government Accountability 
        Office:
Provided further, That the Secretary of Homeland Security shall 
submit to the Committees on Appropriations of the Senate and 
the House of Representatives, in conjunction with the 
President's fiscal year 2009 budget, a review of the Revised 
Deepwater Implementation Plan that identifies any changes to 
the plan for the fiscal year; an annual performance comparison 
of Deepwater assets to pre-Deepwater legacy assets; a status 
report of legacy assets; a detailed explanation of how the 
costs of legacy assets are being accounted for within the 
Deepwater program; and the earned value management system gold 
card data for each Deepwater asset: Provided further, That the 
Secretary shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a comprehensive 
review of the Revised Deepwater Implementation Plan every five 
years, beginning in fiscal year 2011, that includes a complete 
projection of the acquisition costs and schedule for the 
duration of the plan through fiscal year 2027: Provided 
further, That the Secretary shall annually submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget is 
submitted under section 1105(a) of title 31, United States 
Code, a future-years capital investment plan for the Coast 
Guard that identifies for each capital budget line item--
          (1) the proposed appropriation included in that 
        budget;
          (2) the total estimated cost of completion;
          (3) projected funding levels for each fiscal year for 
        the next five fiscal years or until project completion, 
        whichever is earlier;
          (4) an estimated completion date at the projected 
        funding levels; and
          (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous 
        future-years capital investment plans submitted to the 
        Committees on Appropriations of the Senate and the 
        House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are 
consistent to the maximum extent practicable with proposed 
appropriations necessary to support the programs, projects, and 
activities of the Coast Guard in the President's budget as 
submitted under section 1105(a) of title 31, United States 
Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and 
proposed appropriations shall be identified and justified: 
Provided further, That of amounts made available under this 
heading in Public Laws 108-334 and 109-90 for the Offshore 
Patrol Cutter, $98,627,476 are rescinded: Provided further, 
That of amounts made available under this heading in Public Law 
108-334 for VTOL unmanned aerial vehicles (VUAV), $162,850 are 
rescinded: Provided further, That of amounts made available 
under this heading in Public Law 109-90 for unmanned air 
vehicles (UAVs), $32,942,138 are rescinded: Provided further, 
That of amounts made available under this heading in Public Law 
109-295 for VTOL unmanned aerial vehicles (UAVs), $716,536 are 
rescinded: Provided further, That of the amount provided under 
this heading, $95,800,000 is designated as described in section 
5 (in the matter preceding division A of this consolidated 
Act).

                         ALTERATION OF BRIDGES

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

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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

                              RETIRED PAY

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

                      United States Secret Service


                         SALARIES AND EXPENSES

  For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 645 vehicles for police-
type use for replacement only, and hire of passenger motor 
vehicles; purchase of motorcycles made in the United States; 
hire of aircraft; services of expert witnesses at such rates as 
may be determined by the Director of the Secret Service; rental 
of buildings in the District of Columbia, and fencing, 
lighting, guard booths, and other facilities on private or 
other property not in Government ownership or control, as may 
be necessary to perform protective functions; payment of per 
diem or subsistence allowances to employees where a protective 
assignment during the actual day or days of the visit of a 
protectee requires an employee to work 16 hours per day or to 
remain overnight at a post of duty; conduct of and 
participation in firearms matches; presentation of awards; 
travel of United States Secret Service employees on protective 
missions without regard to the limitations on such expenditures 
in this or any other Act if approval is obtained in advance 
from the Committees on Appropriations of the Senate and the 
House of Representatives; research and development; grants to 
conduct behavioral research in support of protective research 
and operations; and payment in advance for commercial 
accommodations as may be necessary to perform protective 
functions; $1,381,771,000, of which $853,690,000 is for 
protective functions; of which not to exceed $25,000 shall be 
for official reception and representation expenses; of which 
not to exceed $100,000 shall be to provide technical assistance 
and equipment to foreign law enforcement organizations in 
counterfeit investigations; of which $2,366,000 shall be for 
forensic and related support of investigations of missing and 
exploited children; and of which $6,000,000 shall be for a 
grant for activities related to the investigations of missing 
and exploited children and shall remain available until 
expended: Provided, That up to $18,000,000 provided for 
protective travel shall remain available until September 30, 
2009: Provided further, That the United States Secret Service 
is authorized to obligate funds in anticipation of 
reimbursements from Federal agencies and entities, as defined 
in section 105 of title 5, United States Code, receiving 
training sponsored by the James J. Rowley Training Center, 
except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under this 
heading at the end of the fiscal year.

     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

                               TITLE III


            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


              National Protection and Programs Directorate


                     MANAGEMENT AND ADMINISTRATION

  For salaries and expenses of the immediate Office of the 
Under Secretary for National Protection and Programs, the 
National Protection Planning Office, support for operations, 
information technology, and Risk Management and Analysis, 
$47,346,000: Provided, That not to exceed $5,000 shall be for 
official reception and representation expenses: Provided 
further, That of the total amount provided under this heading, 
$5,000,000 shall not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives 
receive and approve an expenditure plan by program, project, 
and activity.

           INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

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

    UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

  For necessary expenses for the development of the United 
States Visitor and Immigrant Status Indicator Technology 
project, as authorized by section 110 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1365a), $475,000,000, to remain available until 
expended: Provided, That of the amount provided under this 
heading, $275,000,000 is designated as described in section 5 
(in the matter preceding division A of this consolidated Act): 
Provided further, That of the total amount made available under 
this heading, $125,000,000 may not be obligated for the United 
States Visitor and Immigrant Status Indicator Technology 
project until the Committees on Appropriations of the Senate 
and the House of Representatives receive and approve a plan for 
expenditure prepared by the Secretary of Homeland Security that 
includes--
          (1) a detailed accounting of the program's progress 
        to date relative to system capabilities or services, 
        system performance levels, mission benefits and 
        outcomes, milestones, cost targets, and program 
        management capabilities;
          (2) an explicit plan of action defining how all funds 
        are to be obligated to meet future program commitments, 
        with the planned expenditure of funds linked to the 
        milestone-based delivery of specific capabilities, 
        services, performance levels, mission benefits and 
        outcomes, and program management capabilities;
          (3) a listing of all open Government Accountability 
        Office and Office of Inspector General recommendations 
        related to the program and the status of Department of 
        Homeland Security actions to address the 
        recommendations, including milestones for fully 
        addressing them;
          (4) a certification by the Chief Procurement Officer 
        of the Department that the program has been reviewed 
        and approved in accordance with the investment 
        management process of the Department, and that the 
        process fulfills all capital planning and investment 
        control requirements and reviews established by the 
        Office of Management and Budget, including Circular A-
        11, part 7;
          (5) a certification by the Chief Information Officer 
        of the Department of Homeland Security that an 
        independent verification and validation agent is 
        currently under contract for the project;
          (6) a certification by the Chief Information Officer 
        of the Department that the system architecture of the 
        program is sufficiently aligned with the information 
        systems enterprise architecture of the Department to 
        minimize future rework, including a description of all 
        aspects of the architectures that were and were not 
        assessed in making the alignment determination, the 
        date of the alignment determination, and any known 
        areas of misalignment along with the associated risks 
        and corrective actions to address any such areas;
          (7) a certification by the Chief Procurement Officer 
        of the Department that the plans for the program comply 
        with the Federal acquisition rules, requirements, 
        guidelines, and practices, and a description of the 
        actions being taken to address areas of non-compliance, 
        the risks associated with them along with any plans for 
        addressing these risks, and the status of their 
        implementation;
          (8) a certification by the Chief Information Officer 
        of the Department that the program has a risk 
        management process that regularly identifies, 
        evaluates, mitigates, and monitors risks throughout the 
        system life cycle, and communicates high-risk 
        conditions to agency and Department of Homeland 
        Security investment decision makers, as well as a 
        listing of all the program's high risks and the status 
        of efforts to address them;
          (9) a certification by the Chief Human Capital 
        Officer of the Department that the human capital needs 
        of the program are being strategically and proactively 
        managed, and that current human capital capabilities 
        are sufficient to execute the plans discussed in the 
        report;
          (10) a complete schedule for the full implementation 
        of a biometric exit program or a certification that 
        such program is not possible within five years;
          (11) a detailed accounting of operation and 
        maintenance, contractor services, and program costs 
        associated with the management of identity services; 
        and
          (12) is reviewed by the Government Accountability 
        Office.

                        Office of Health Affairs

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

                  Federal Emergency Management Agency


                     MANAGEMENT AND ADMINISTRATION

  For necessary expenses for management and administration of 
the Federal Emergency Management Agency, $664,000,000, 
including activities authorized by the National Flood Insurance 
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. 
App. 2061 et seq.), sections 107 and 303 of the National 
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.), and the Post-Katrina Emergency 
Management Reform Act of 2006 (Public Law 109-295; 120 Stat. 
1394): Provided, That not to exceed $3,000 shall be for 
official reception and representation expenses: Provided 
further, That the President's budget submitted under section 
1105(a) of title 31, United States Code, shall be detailed by 
the office for the Federal Emergency Management Agency: 
Provided further, That of the total amount made available under 
this heading, $32,500,000 shall be for the Urban Search and 
Rescue Response System, of which not to exceed $1,600,000 may 
be made available for administrative costs; and $6,000,000 
shall be for the Office of National Capital Region 
Coordination: Provided further, That for purposes of planning, 
coordination, execution, and decision-making related to mass 
evacuation during a disaster, the Governors of the State of 
West Virginia and the Commonwealth of Pennsylvania, or their 
designees, shall be incorporated into efforts to integrate the 
activities of Federal, State, and local governments in the 
National Capital Region, as defined in section 882 of Public 
Law 107-296, the Homeland Security Act of 2002.

                        STATE AND LOCAL PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

  For grants, contracts, cooperative agreements, and other 
activities, $3,177,800,000 shall be allocated as follows:
          (1) $950,000,000 shall be for the State Homeland 
        Security Grant Program under section 2004 of the 
        Homeland Security Act of 2002 (6 U.S.C. 605) as amended 
        by Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (Public Law 110-53): Provided, That of the 
        amount provided by this paragraph, $60,000,000 shall be 
        for Operation Stonegarden and is designated as 
        described in section 5 (in the matter preceding 
        division A of this consolidated Act): Provided further, 
        That notwithstanding subsection (c)(4) of such section 
        2004, for fiscal year 2008, the Commonwealth of Puerto 
        Rico shall make available to local and tribal 
        governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with 
        subsection (c)(1) of such section 2004.
          (2) $820,000,000 shall be for the Urban Area Security 
        Initiative under section 2003 of the Homeland Security 
        Act of 2002 (6 U.S.C. 604) as amended by Implementing 
        Recommendations of the 9/11 Commission Act of 2007 
        (Public Law 110-53), of which, notwithstanding 
        subsection (c)(1) of such section, $15,000,000 shall be 
        for grants to organizations (as described under section 
        501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from tax section 501(a) of such code) determined 
        by the Secretary to be at high-risk of a terrorist 
        attack.
          (3) $35,000,000 shall be for Regional Catastrophic 
        Preparedness Grants.
          (4) $41,000,000 shall be for the Metropolitan Medical 
        Response System under section 635 of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 723).
          (5) $15,000,000 shall be for the Citizens Corps 
        Program;
          (6) $400,000,000 shall be for Public Transportation 
        Security Assistance and Railroad Security Assistance 
        under sections 1406 and 1513 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 
        (Public Law 110-53; 6 U.S.C. 1135 and 1163), of which 
        not less than $25,000,000 shall be for Amtrak security.
          (7) $400,000,000 shall be for Port Security Grants in 
        accordance with 46 U.S.C. 70107.
          (8) $11,500,000 shall be for Over-the-Road Bus 
        Security Assistance under section 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007 (Public Law 110-53; 6 U.S.C. 1182).
          (9) $16,000,000 shall be for Trucking Industry 
        Security Grants.
          (10) $50,000,000 shall be for Buffer Zone Protection 
        Program Grants.
          (11) $50,000,000 shall be for grants under section 
        204 of the REAL ID Act of 2005 (Public Law 109-13; 49 
        U.S.C. 30301 note): Provided, That the amount provided 
        under this paragraph shall be designated as described 
        in section 5 (in the matter preceding division A of 
        this consolidated Act).
          (12) $25,000,000 shall be for the Commercial 
        Equipment Direct Assistance Program.
          (13) $50,000,000 shall be for the Interoperable 
        Emergency Communications Grant Program under section 
        1809 of the Homeland Security Act of 2002 (6 U.S.C. 
        579) as amended by Implementing Recommendations of the 
        9/11 Commission Act of 2007 (Public Law 110-53).
          (14) $15,000,000 shall be for grants for construction 
        of Emergency Operations Centers under section 614 of 
        the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5196c) as amended by 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007 (Public Law 110-53).
          (15) $299,300,000 shall be for training, exercises, 
        technical assistance, and other programs:
Provided, That not to exceed 3 percent of the amounts provided 
under this heading may be transferred to the Federal Emergency 
Management Agency ``Management and Administration'' account for 
program administration: Provided further, That for grants under 
paragraphs (1) through (5), the applications for grants shall 
be made available to eligible applicants not later than 25 days 
after the date of enactment of this Act, that eligible 
applicants shall submit applications not later than 90 days 
after the grant announcement, and that the Administrator of the 
Federal Emergency Management Agency shall act within 90 days 
after receipt of an application: Provided further, That for 
grants under paragraphs (6) through (11), the applications for 
grants shall be made available to eligible applicants not later 
than 30 days after the date of enactment of this Act, that 
eligible applicants shall submit applications within 45 days 
after the grant announcement, and that the Federal Emergency 
Management Agency shall act not later than 60 days after 
receipt of an application: Provided further, That grantees 
shall provide additional reports on their use of funds, as 
determined necessary by the Secretary of Homeland Security: 
Provided further, That (a) the Center for Domestic Preparedness 
may provide training to emergency response providers from the 
Federal Government, foreign governments, or private entities, 
if the Center for Domestic Preparedness is reimbursed for the 
cost of such training, and any reimbursement under this 
subsection shall be credited to the account from which the 
expenditure being reimbursed was made and shall be available, 
without fiscal year limitation, for the purposes for which 
amounts in the account may be expended, (b) the head of the 
Center for Domestic Preparedness shall ensure that any training 
provided under (a) does not interfere with the primary mission 
of the Center to train State and local emergency response 
providers: Provided further, That the Government Accountability 
Office shall report to the Committees on Appropriations of the 
Senate and the House of Representatives regarding the data, 
assumptions, and methodology that the Department uses to assess 
risk and allocate Urban Area Security Initiative and State 
Homeland Security Grants not later than 45 days after the date 
of enactment of this Act: Provided further, That the report 
shall include the reliability and validity of the data used, 
the basis for the assumptions used, how the methodology is 
applied to determine the risk scores for individual locations, 
an analysis of the usefulness of placing States and cities into 
tier groups, and the allocation of grants to eligible 
locations: Provided further, That the Department provide the 
Government Accountability Office with the actual data that the 
Department used for its risk assessment and grant allocation 
for at least two locations at the discretion of the Government 
Accountability Office for the 2007 grant allocation process: 
Provided further, That the Department provide the Government 
Accountability Office with access to all data needed for its 
analysis and report, including specifics on all changes for the 
fiscal year 2008 process, including, but not limited to, all 
changes in data, assumptions, and weights used in methodology 
within seven days after the date of enactment of this Act: 
Provided further, That any subsequent changes made regarding 
the risk methodology after the initial information is provided 
to the Government Accountability Office shall be provided 
within seven days after the change is made.

                     FIREFIGHTER ASSISTANCE GRANTS

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

                EMERGENCY MANAGEMENT PERFORMANCE GRANTS

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

              RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

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

                   UNITED STATES FIRE ADMINISTRATION

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

                            DISASTER RELIEF

                     (INCLUDING TRANSFER OF FUNDS)

  For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), $1,400,000,000, to remain available until expended: 
Provided, That of the total amount provided, $16,000,000 shall 
be transferred to the Department of Homeland Security Office of 
Inspector General for audits and investigations related to 
disasters, subject to section 503 of this Act: Provided 
further, That up to $60,000,000 may be transferred to 
``Management and Administration'', Federal Emergency Management 
Agency, of which $48,000,000 and 250 positions are for 
management and administration functions and $12,000,000 is for 
activities related to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided 
further, That of the amount provided in the previous proviso, 
$30,000,000 shall not be available for transfer for management 
and administration functions until the Federal Emergency 
Management Agency submits an expenditure plan to the Committees 
on Appropriations of the Senate and the House of 
Representatives regarding the 250 positions: Provided further, 
That the Federal Emergency Management Agency shall hereafter 
submit a monthly ``Disaster Relief'' report to the Committees 
on Appropriations of the Senate and the House of 
Representatives to include--
          (1) status of the Disaster Relief fund including 
        obligations, allocations, and amounts undistributed/
        unallocated;
          (2) allocations, obligations, and expenditures for 
        Hurricanes Katrina, Rita, and Wilma and all open 
        disasters;
          (3) information on national flood insurance claims;
          (4) obligations, allocations, and expenditures by 
        State for unemployment, crisis counseling, inspections, 
        housing assistance, manufactured housing, public 
        assistance, and individual assistance;
          (5) mission assignment obligations by agency, 
        including:
                  (A) the amounts to other agencies that are in 
                suspense because the Federal Emergency 
                Management Agency has not yet reviewed and 
                approved the documentation supporting the 
                expenditure or for which an agency has been 
                mission assigned but has not submitted 
                necessary documentation for reimbursement;
                  (B) an explanation if the amounts of reported 
                obligations and expenditures do not reflect the 
                status of such obligations and expenditures 
                from a government-wide perspective; and
                  (C) each such agency's actual obligation and 
                expenditure data;
          (6) the amount of credit card purchases by agency and 
        mission assignment;
          (7) specific reasons for all waivers granted and a 
        description of each waiver;
          (8) a list of all contracts that were awarded on a 
        sole source or limited competition basis, including the 
        dollar amount, the purpose of the contract, and the 
        reason for the lack of competitive award; and
          (9) an estimate of when available appropriations will 
        be exhausted, assuming an average disaster season:
Provided further, That for any request for reimbursement from a 
Federal agency to the Department to cover expenditures under 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), or any mission assignment orders 
issued by the Department for such purposes, the Secretary of 
Homeland Security shall take appropriate steps to ensure that 
each agency is periodically reminded of Department policies 
on--
          (1) the detailed information required in supporting 
        documentation for reimbursements, and
          (2) the necessity for timeliness of agency billings.

            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

                      FLOOD MAP MODERNIZATION FUND

  For necessary expenses under section 1360 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and 
such additional sums as may be provided by State and local 
governments or other political subdivisions for cost-shared 
mapping activities under section 1360(f)(2) of such Act, to 
remain available until expended: Provided, That total 
administrative costs shall not exceed 3 percent of the total 
amount appropriated under this heading.

                     NATIONAL FLOOD INSURANCE FUND

                     (INCLUDING TRANSFER OF FUNDS)

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

                     NATIONAL FLOOD MITIGATION FUND

                     (INCLUDING TRANSFER OF FUNDS)

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

                  NATIONAL PREDISASTER MITIGATION FUND

  For a predisaster mitigation grant program under title II of 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5131 et seq.), $114,000,000, to remain available 
until expended: Provided, That grants made for predisaster 
mitigation shall be awarded subject to the criteria in section 
203(g) of such Act (42 U.S.C. 5133(g)): Provided further, That 
the total administrative costs associated with such grants 
shall not exceed 3 percent of the total amount made available 
under this heading.

                       EMERGENCY FOOD AND SHELTER

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

                                TITLE IV


            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES


           United States Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center


                         SALARIES AND EXPENSES

  For necessary expenses of the Federal Law Enforcement 
Training Center, including materials and support costs of 
Federal law enforcement basic training; purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger 
motor vehicles; expenses for student athletic and related 
activities; the conduct of and participation in firearms 
matches and presentation of awards; public awareness and 
enhancement of community support of law enforcement training; 
room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile 
phones for official duties; and services as authorized by 
section 3109 of title 5, United States Code; $238,076,000, of 
which up to $48,111,000 for materials and support costs of 
Federal law enforcement basic training shall remain available 
until September 30, 2009; of which $300,000 shall remain 
available until expended for Federal law enforcement agencies 
participating in training accreditation, to be distributed as 
determined by the Federal Law Enforcement Training Center for 
the needs of participating agencies; and of which not to exceed 
$12,000 shall be for official reception and representation 
expenses: Provided, That of the amount provided under this 
heading, $17,000,000 is designated as described in section 5 
(in the matter preceding division A of this consolidated Act): 
Provided further, That the Center is authorized to obligate 
funds in anticipation of reimbursements from agencies receiving 
training sponsored by the Center, except that total obligations 
at the end of the fiscal year shall not exceed total budgetary 
resources available at the end of the fiscal year: Provided 
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 
3771 note) as amended by Public Law 109-295 (120 Stat. 1374) is 
further amended by striking ``December 31, 2007'' and inserting 
``December 31, 2010''.

     ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

                         Science and Technology


                     MANAGEMENT AND ADMINISTRATION

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

           RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

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

                   Domestic Nuclear Detection Office


                     MANAGEMENT AND ADMINISTRATION

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

                 RESEARCH, DEVELOPMENT, AND OPERATIONS

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

                          SYSTEMS ACQUISITION

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

                                TITLE V


                           GENERAL PROVISIONS

  Sec. 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein.
  Sec. 502. Subject to the requirements of section 503 of this 
Act, the unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation 
accounts for such activities established pursuant to this Act: 
Provided, That balances so transferred may be merged with funds 
in the applicable established accounts and thereafter may be 
accounted for as one fund for the same time period as 
originally enacted.
  Sec. 503. (a) None of the funds provided by this Act, 
provided by previous appropriations Acts to the agencies in or 
transferred to the Department of Homeland Security that remain 
available for obligation or expenditure in fiscal year 2008, or 
provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that: (1) creates 
a new program, project, or activity; (2) eliminates a program, 
project, office, or activity; (3) increases funds for any 
program, project, or activity for which funds have been denied 
or restricted by the Congress; (4) proposes to use funds 
directed for a specific activity by either of the Committees on 
Appropriations of the Senate or the House of Representatives 
for a different purpose; or (5) contracts out any function or 
activity for which funding levels were requested for Federal 
full-time equivalents in the object classification tables 
contained in the fiscal year 2008 Budget Appendix for the 
Department of Homeland Security, as specified in the 
explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), unless the 
Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such 
reprogramming of funds.
  (b) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred 
to the Department of Homeland Security that remain available 
for obligation or expenditure in fiscal year 2008, or provided 
from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure for 
programs, projects, or activities through a reprogramming of 
funds in excess of $5,000,000 or 10 percent, whichever is less, 
that: (1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as 
approved by the Congress; or (3) results from any general 
savings from a reduction in personnel that would result in a 
change in existing programs, projects, or activities as 
approved by the Congress; unless the Committees on 
Appropriations of the Senate and the House of Representatives 
are notified 15 days in advance of such reprogramming of funds.
  (c) Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Homeland Security by this Act or provided by previous 
appropriations Acts may be transferred between such 
appropriations, but no such appropriations, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under 
this section shall be treated as a reprogramming of funds under 
subsection (b) and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such 
transfer.
  (d) Notwithstanding subsections (a), (b), and (c) of this 
section, no funds shall be reprogrammed within or transferred 
between appropriations after June 30, except in extraordinary 
circumstances which imminently threaten the safety of human 
life or the protection of property.
  Sec. 504. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to 
make payments to the ``Department of Homeland Security Working 
Capital Fund'', except for the activities and amounts allowed 
in the President's fiscal year 2008 budget, excluding sedan 
service, shuttle service, transit subsidy, mail operations, 
parking, and competitive sourcing: Provided, That any 
additional activities and amounts shall be approved by the 
Committees on Appropriations of the Senate and the House of 
Representatives 30 days in advance of obligation.
  Sec. 505. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2008 from appropriations 
for salaries and expenses for fiscal year 2008 in this Act 
shall remain available through September 30, 2009, in the 
account and for the purposes for which the appropriations were 
provided: Provided, That prior to the obligation of such funds, 
a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives 
for approval in accordance with section 503 of this Act.
  Sec. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security 
Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the 
enactment of an Act authorizing intelligence activities for 
fiscal year 2008.
  Sec. 507. The Federal Law Enforcement Training Accreditation 
Board shall lead the Federal law enforcement training 
accreditation process, to include representatives from the 
Federal law enforcement community and non-Federal accreditation 
experts involved in law enforcement training, to continue the 
implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, 
facilities, and instructors.
  Sec. 508. None of the funds in this Act may be used to make a 
grant allocation, discretionary grant award, discretionary 
contract award, or to issue a letter of intent totaling in 
excess of $1,000,000, or to announce publicly the intention to 
make such an award, including a contract covered by the Federal 
Acquisition Regulation, unless the Secretary of Homeland 
Security notifies the Committees on Appropriations of the 
Senate and the House of Representatives at least three full 
business days in advance: Provided, That no notification shall 
involve funds that are not available for obligation: Provided 
further, That the notification shall include the amount of the 
award, the fiscal year in which the funds for the award were 
appropriated, and the account from which the funds are being 
drawn: Provided further, That the Federal Emergency Management 
Agency shall brief the Committees on Appropriations of the 
Senate and the House of Representatives five full business days 
in advance of announcing publicly the intention of making an 
award of State Homeland Security grants; Urban Area Security 
Initiative grants; or Regional Catastrophic Preparedness 
Grants.
  Sec. 509. Notwithstanding any other provision of law, no 
agency shall purchase, construct, or lease any additional 
facilities, except within or contiguous to existing locations, 
to be used for the purpose of conducting Federal law 
enforcement training without the advance approval of the 
Committees on Appropriations of the Senate and the House of 
Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement 
for training which cannot be accommodated in existing Center 
facilities.
  Sec. 510. The Director of the Federal Law Enforcement 
Training Center shall schedule basic and/or advanced law 
enforcement training at all four training facilities under the 
control of the Federal Law Enforcement Training Center to 
ensure that these training centers are operated at the highest 
capacity throughout the fiscal year.
  Sec. 511. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any 
construction, repair, alteration, or acquisition project for 
which a prospectus, if required under chapter 33 of title 40, 
United States Code, has not been approved, except that 
necessary funds may be expended for each project for required 
expenses for the development of a proposed prospectus.
  Sec. 512. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American 
Act (41 U.S.C. 10a et seq.).
  Sec. 513. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or 
implementation, on other than a test basis, of the Secure 
Flight program or any other follow-on or successor passenger 
prescreening program, until the Secretary of Homeland Security 
certifies, and the Government Accountability Office reports, to 
the Committees on Appropriations of the Senate and the House of 
Representatives, that all ten of the conditions contained in 
paragraphs (1) through (10) of section 522(a) of Public Law 
108-334 (118 Stat. 1319) have been successfully met.
  (b) The report required by subsection (a) shall be submitted 
within 90 days after the Secretary provides the requisite 
certification, and periodically thereafter, if necessary, until 
the Government Accountability Office confirms that all ten 
conditions have been successfully met.
  (c) Within 90 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a detailed plan that describes: (1) the dates 
for achieving key milestones, including the date or timeframes 
that the Secretary will certify the program under subsection 
(a); and (2) the methodology to be followed to support the 
Secretary's certification, as required under subsection (a).
  (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air 
carriers, or reservation systems may be used to screen aviation 
passengers, or delay or deny boarding to such passengers, 
except in instances where passenger names are matched to a 
Government watch list.
  (e) None of the funds provided in this or previous 
appropriations Acts may be utilized to develop or test 
algorithms assigning risk to passengers whose names are not on 
Government watch lists.
  (f) None of the funds provided in this or any other Act may 
be used for data or a database that is obtained from or remains 
under the control of a non-Federal entity: Provided, That this 
restriction shall not apply to Passenger Name Record data 
obtained from air carriers.
  Sec. 514. None of the funds made available in this Act may be 
used to amend the oath of allegiance required by section 337 of 
the Immigration and Nationality Act (8 U.S.C. 1448).
  Sec. 515. None of the funds appropriated by this Act may be 
used to process or approve a competition under Office of 
Management and Budget Circular A-76 for services provided as of 
June 1, 2004, by employees (including employees serving on a 
temporary or term basis) of United States Citizenship and 
Immigration Services of the Department of Homeland Security who 
are known as of that date as Immigration Information Officers, 
Contact Representatives, or Investigative Assistants.
  Sec. 516. None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts 
may be made available for the protection of the head of a 
Federal agency other than the Secretary of Homeland Security: 
Provided, That the Director of the United States Secret Service 
may enter into an agreement to perform such service on a fully 
reimbursable basis.
  Sec. 517. Section 517(b) of the Department of Homeland 
Security Appropriations Act, 2007 (18 U.S.C. 3056 note) is 
amended to read as follows:
  ``(b) For fiscal year 2008, and each fiscal year thereafter, 
the Director of the United States Secret Service may enter into 
an agreement to perform protection of a Federal official other 
than a person granted protection under section 3056(a) of title 
18, United States Code, on a fully reimbursable basis.''.
  Sec. 518. (a) The Secretary of Homeland Security shall 
research, develop, and procure new technologies to inspect and 
screen air cargo carried on passenger aircraft at the earliest 
date possible.
  (b) Existing checked baggage explosive detection equipment 
and screeners shall be utilized to screen air cargo carried on 
passenger aircraft to the greatest extent practicable at each 
airport until technologies developed under subsection (a) are 
available.
  (c) The Assistant Secretary (Transportation Security 
Administration) shall work with air carriers and airports to 
ensure that the screening of cargo carried on passenger 
aircraft, as defined in section 44901(g)(5) of title 49, United 
States Code, increases incrementally each quarter.
  (d) Not later than 45 days after the end of each quarter, the 
Assistant Secretary (Transportation Security Administration) 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a report on air cargo 
inspection statistics by airport and air carrier detailing the 
incremental progress being made to meet section 44901(g)(2) of 
title 49, United States Code.
  Sec. 519. None of the funds made available in this Act may be 
used by any person other than the Privacy Officer appointed 
under section 222 of the Homeland Security Act of 2002 (6 
U.S.C. 142) to alter, direct that changes be made to, delay, or 
prohibit the transmission to Congress of any report prepared 
under paragraph (6) of such section.
  Sec. 520. No funding made available to the Department of 
Homeland Security in this Act shall be available to pay the 
salary of any employee serving as a contracting officer's 
technical representative (COTR), or anyone acting in a similar 
capacity, who has not received COTR training.
  Sec. 521. Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to 
Transportation Security Administration ``Aviation Security'', 
``Administration'' and ``Transportation Security Support'' for 
fiscal years 2004, 2005, 2006, and 2007 that are recovered or 
deobligated shall be available only for the procurement or 
installation of explosives detection systems, for air cargo, 
baggage, and checkpoint screening systems, subject to 
notification: Provided, That quarterly reports shall be 
submitted to the Committees on Appropriations of the Senate and 
the House of Representatives on any funds that are recovered or 
deobligated.
  Sec. 522. Section 525(d) of the Department of Homeland 
Security Appropriations Act, 2007 (Public Law 109-295; 120 
Stat. 1382) shall apply to fiscal year 2008.
  Sec. 523. Any funds appropriated to United States Coast 
Guard, ``Acquisition, Construction, and Improvements'' for 
fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123 
foot patrol boat conversion that are recovered, collected, or 
otherwise received as the result of negotiation, mediation, or 
litigation, shall be available until expended for the 
Replacement Patrol Boat (FRC-B) program.
  Sec. 524. The Department of Homeland Security Working Capital 
Fund, established pursuant to  section 403 of Public Law 103-
356 (31 U.S.C. 501 note), shall continue operations during 
fiscal year 2008.
  Sec. 525. None of the funds provided in this Act shall be 
available to commence operations of the National Applications 
Office or the National Immigration Information Sharing 
Operation until the Secretary certifies that these programs 
comply with all existing laws, including all applicable privacy 
and civil liberties standards, and that certification is 
reviewed by the Government Accountability Office.
  Sec. 526. Within 45 days after the close of each month, the 
Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a monthly budget and staffing 
report that includes total obligations, on-board versus funded 
full-time equivalent staffing levels, and the number of 
contract employees by office.
  Sec. 527. Section 532(a) of Public Law 109-295 is amended by 
striking ``2007'' and inserting ``2008''.
  Sec. 528. None of the funds made available by this Act shall 
be used in contravention of the Federal buildings performance 
and reporting requirements of Executive Order No. 13123, part 3 
of title V of the National Energy Conservation Policy Act (42 
U.S.C. 8251 et seq.), or subtitle A of title I of the Energy 
Policy Act of 2005 (including the amendments made thereby).
  Sec. 529. The functions of the Federal Law Enforcement 
Training Center instructor staff shall be classified as 
inherently governmental for the purpose of the Federal 
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
  Sec. 530. None of the funds made available in this Act may be 
used in contravention of section 303 of the Energy Policy Act 
of 1992 (42 U.S.C. 13212).
  Sec. 531. None of the funds made available by this Act may be 
used to take an action that would violate Executive Order No. 
13149 (65 Fed. Reg. 24607; relating to greening the Government 
through Federal fleet and transportation efficiency).
  Sec. 532. Subsections (a), (b), and (d)(1) of section 6402 of 
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and 
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28) shall apply to fiscal year 2008.
  Sec. 533. None of the funds provided by this or any other Act 
may be obligated for the development, testing, deployment, or 
operation of any system related to the MAX-HR project, or any 
subsequent but related human resources management project, 
until any pending litigation concerning such activities is 
resolved, and any legal claim or appeal by either party has 
been fully resolved.
  Sec. 534. Section 550 of the Department of Homeland Security 
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by 
adding at the end the following:
  ``(h) This section shall not preclude or deny any right of 
any State or political subdivision thereof to adopt or enforce 
any regulation, requirement, or standard of performance with 
respect to chemical facility security that is more stringent 
than a regulation, requirement, or standard of performance 
issued under this section, or otherwise impair any right or 
jurisdiction of any State with respect to chemical facilities 
within that State, unless there is an actual conflict between 
this section and the law of that State.''.
  Sec. 535. (a) Amendments Relating to the Civil Service 
Retirement System.--
          (1) Definitions.--Section 8331 of title 5, United 
        States Code, is amended--
                  (A) by striking ``and'' at the end of 
                paragraph (28), by striking the period at the 
                end of the first paragraph (29) and inserting a 
                semicolon, by redesignating the second 
                paragraph (29) as paragraph (30), and by 
                striking the period at the end of paragraph 
                (30) (as so redesignated) and inserting ``; 
                and''; and
                  (B) by adding at the end the following:
          ``(31) `customs and border protection officer' means 
        an employee in the Department of Homeland Security (A) 
        who holds a position within the GS-1895 job series 
        (determined applying the criteria in effect as of 
        September 1, 2007) or any successor position, and (B) 
        whose duties include activities relating to the arrival 
        and departure of persons, conveyances, and merchandise 
        at ports of entry, including any such employee who is 
        transferred directly to a supervisory or administrative 
        position in the Department of Homeland Security after 
        performing such duties (as described in subparagraph 
        (B)) in 1 or more positions (as described in 
        subparagraph (A)) for at least 3 years.''.
          (2) Deductions, contributions, and deposits.--Section 
        8334 of title 5, United States Code, is amended--
                  (A) in subsection (a)(1)(A), by striking ``or 
                nuclear materials courier,'' and inserting 
                ``nuclear materials courier, or customs and 
                border protection officer,''; and
                  (B) in the table contained in subsection (c), 
                by adding at the end the following:




``Customs and border protection              7.5   After June 29,
 officer                                            2008.''.


          (3) Mandatory separation.--The first sentence of 
        section 8335(b)(1) of title 5, United States Code, is 
        amended by striking ``or nuclear materials courier'' 
        and inserting ``nuclear materials courier, or customs 
        and border protection officer''.
          (4) Immediate retirement.--Section 8336 of title 5, 
        United States Code, is amended--
                  (A) in subsection (c)(1), by striking ``or 
                nuclear materials courier'' and inserting 
                ``nuclear materials courier, or customs and 
                border protection officer''; and
                  (B) in subsections (m) and (n), by striking 
                ``or as a law enforcement officer,'' and 
                inserting ``as a law enforcement officer, or as 
                a customs and border protection officer,''.
  (b) Amendments Relating to the Federal Employees' Retirement 
System.--
          (1) Definitions.--Section 8401 of title 5, United 
        States Code, is amended--
                  (A) in paragraph (34), by striking ``and'' at 
                the end;
                  (B) in paragraph (35), by striking the period 
                and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(36) the term `customs and border protection 
        officer' means an employee in the Department of 
        Homeland Security (A) who holds a position within the 
        GS-1895 job series (determined applying the criteria in 
        effect as of September 1, 2007) or any successor 
        position, and (B) whose duties include activities 
        relating to the arrival and departure of persons, 
        conveyances, and merchandise at ports of entry, 
        including any such employee who is transferred directly 
        to a supervisory or administrative position in the 
        Department of Homeland Security after performing such 
        duties (as described in subparagraph (B)) in 1 or more 
        positions (as described in subparagraph (A)) for at 
        least 3 years.''.
          (2) Immediate retirement.--Paragraphs (1) and (2) of 
        section 8412(d) of title 5, United States Code, are 
        amended by striking ``or nuclear materials courier,'' 
        and inserting ``nuclear materials courier, or customs 
        and border protection officer,''.
          (3) Computation of basic annuity.--Section 8415(h)(2) 
        of title 5, United States Code, is amended by striking 
        ``or air traffic controller.'' and inserting ``air 
        traffic controller, or customs and border protection 
        officer''.
          (4) Deductions from pay.--The table contained in 
        section 8422(a)(3) of title 5, United States Code, is 
        amended by adding at the end the following:




``Customs and border protection              7.5   After June 29,
 officer                                            2008.''.


          (5) Government contributions.--Paragraphs (1)(B)(i) 
        and (3) of section 8423(a) of title 5, United States 
        Code, are amended by inserting ``customs and border 
        protection officers,'' after ``nuclear materials 
        couriers,'' each place it appears.
          (6) Mandatory separation.--Section 8425(b)(1) of 
        title 5, United States Code, is amended--
                  (A) by striking ``or nuclear materials 
                courier who'' and inserting ``nuclear materials 
                courier, or customs and border protection 
                officer who''; and
                  (B) by striking ``or nuclear materials 
                courier,'' and inserting ``nuclear materials 
                courier, or customs and border protection 
                officer''.
  (c) Maximum Age for Original Appointment.--Section 3307 of 
title 5, United States Code, is amended by adding at the end 
the following:
  ``(g) The Secretary of Homeland Security may determine and 
fix the maximum age limit for an original appointment to a 
position as a customs and border protection officer, as defined 
by section 8401(36).''.
  (d) Regulations.--Any regulations necessary to carry out the 
amendments made by this section shall be prescribed by the 
Director of the Office of Personnel Management in consultation 
with the Secretary of Homeland Security.
  (e) Effective Date; Transition Rules.--
          (1) Effective date.--The amendments made by this 
        section shall become effective on the later of June 30, 
        2008, or the first day of the first pay period 
        beginning at least 6 months after the date of the 
        enactment of this Act.
          (2) Transition rules.--
                  (A) Nonapplicability of mandatory separation 
                provisions to certain individuals.--The 
                amendments made by subsections (a)(3) and 
                (b)(6), respectively, shall not apply to an 
                individual first appointed as a customs and 
                border protection officer before the effective 
                date under paragraph (1).
                  (B) Treatment of prior cbpo service.--
                          (i) General rule.--Except as provided 
                        in clause (ii), nothing in this section 
                        or any amendment made by this section 
                        shall be considered to apply with 
                        respect to any service performed as a 
                        customs and border protection officer 
                        before the effective date under 
                        paragraph (1).
                          (ii) Exception.--Service described in 
                        section 8331(31) or 8401(36) of title 
                        5, United States Code (as amended by 
                        this section) rendered before the 
                        effective date under paragraph (1) may 
                        be taken into account to determine if 
                        an individual who is serving on or 
                        after such effective date then 
                        qualifies as a customs and border 
                        protection officer by virtue of holding 
                        a supervisory or administrative 
                        position in the Department of Homeland 
                        Security.
                  (C) Minimum annuity amount.--The annuity of 
                an individual serving as a customs and border 
                protection officer on the effective date under 
                paragraph (1) pursuant to an appointment made 
                before that date shall, to the extent that its 
                computation is based on service rendered as a 
                customs and border protection officer on or 
                after that date, be at least equal to the 
                amount that would be payable--
                          (i) to the extent that such service 
                        is subject to the Civil Service 
                        Retirement System, by applying section 
                        8339(d) of title 5, United States Code, 
                        with respect to such service; and
                          (ii) to the extent such service is 
                        subject to the Federal Employees' 
                        Retirement System, by applying section 
                        8415(d) of title 5, United States Code, 
                        with respect to such service.
                  (D) Rule of construction.--Nothing in the 
                amendment made by subsection (c) shall be 
                considered to apply with respect to any 
                appointment made before the effective date 
                under paragraph (1).
          (3) Election.--
                  (A) Incumbent defined.--For purposes of this 
                paragraph, the term ``incumbent'' means an 
                individual who is serving as a customs and 
                border protection officer on the date of the 
                enactment of this Act.
                  (B) Notice requirement.--Not later than 30 
                days after the date of the enactment of this 
                Act, the Director of the Office of Personnel 
                Management shall take measures reasonably 
                designed to ensure that incumbents are notified 
                as to their election rights under this 
                paragraph, and the effect of making or not 
                making a timely election.
                  (C) Election available to incumbents.--
                          (i) In general.--An incumbent may 
                        elect, for all purposes, either--
                                  (I) to be treated in 
                                accordance with the amendments 
                                made by subsection (a) or (b), 
                                as applicable; or
                                  (II) to be treated as if 
                                subsections (a) and (b) had 
                                never been enacted.
                        Failure to make a timely election under 
                        this paragraph shall be treated in the 
                        same way as an election made under 
                        subclause (I) on the last day allowable 
                        under clause (ii).
                          (ii) Deadline.--An election under 
                        this paragraph shall not be effective 
                        unless it is made at least 14 days 
                        before the effective date under 
                        paragraph (1).
          (4) Definition.--For purposes of this subsection, the 
        term ``customs and border protection officer'' has the 
        meaning given such term by section 8331(31) or 8401(36) 
        of title 5, United States Code (as amended by this 
        section).
          (5) Exclusion.--Nothing in this section or any 
        amendment made by this section shall be considered to 
        afford any election or to otherwise apply with respect 
        to any individual who, as of the day before the date of 
        the enactment of this Act--
                  (A) holds a position within U.S. Customs and 
                Border Protection; and
                  (B) is considered a law enforcement officer 
                for purposes of subchapter III of chapter 83 or 
                chapter 84 of title 5, United States Code, by 
                virtue of such position.
  Sec. 536. In fiscal year 2008, none of the funds made 
available in this or any other Act may be used to enforce 
section 4025(1) of Public Law 108-458 unless the Assistant 
Secretary (Transportation Security Administration) reverses the 
determination of July 19, 2007, that butane lighters are not a 
significant threat to civil aviation security.
  Sec. 537. None of the funds provided in this Act may be used 
to alter or reduce operations within the Civil Engineering 
Program of the Coast Guard nationwide, including the civil 
engineering units, facilities, design and construction centers, 
maintenance and logistics command centers, and the Coast Guard 
Academy, except as specifically authorized by a statute enacted 
after the date of the enactment of this Act.
  Sec. 538. The cumulative amount appropriated in title I of 
this Act for the ``Office of the Secretary and Executive 
Management'' and the ``Office of the Under Secretary for 
Management'' shall be reduced by $5,000,000.
  Sec. 539. (a) Except as provided in subsection (b), none of 
the funds appropriated in this Act to the Office of the 
Secretary and Executive Management, the Office of the Under 
Secretary for Management and the Office of the Chief Financial 
Officer, may be obligated for a grant or contract awarded by a 
means other than full and open competition.
  (b) This section does not apply to obligation of funds for a 
contract awarded--
          (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a 
        mandated preferential program, such as the AbilityOne 
        Program, that is authorized under the Javits-Wagner-
        O'Day Act (41 U.S.C. 46-48c); or
          (2) under the Small Business Act (15 U.S.C. 631 et 
        seq.).
  (c) The Secretary of Homeland Security may waive the 
application of this section to the award of a contract in the 
period of a national emergency determined by the Secretary.
  (d) In addition to the requirements established by this 
section, the Inspector General for the Department of Homeland 
Security shall review departmental contracts awarded through 
other than full and open competition to assess departmental 
compliance with applicable laws and regulations: Provided, That 
the Inspector General shall review selected contracts awarded 
during the previous fiscal year through other than full and 
open competition: Provided further, That in determining which 
contracts to review, the Inspector General shall consider the 
cost and complexity of the goods and services to be provided 
under the contract, the criticality of the contract to 
fulfilling Department missions, past performance problems on 
similar contracts or by the selected vendor, complaints 
received about the award process or contractor performance, and 
such other factors as the Inspector General deems relevant: 
Provided further, That the Inspector General shall report the 
results of the reviews to the Committees on Appropriations of 
the Senate and the House of Representatives.
  Sec. 540. Section 44940(a)(2) of title 49, United States 
Code, is amended by striking the period in the last sentence of 
subparagraph (A) and the clause (iv) of subparagraph B and 
adding the following, ``except for estimates and additional 
collections made pursuant to the appropriation for Aviation 
Security in Public Law 108-334: Provided, That such judicial 
review shall be pursuant to section 46110 of title 49, United 
States Code: Provided further, That such judicial review shall 
be limited only to additional amounts collected by the 
Secretary before October 1, 2007.''.
  Sec. 541. None of the funds provided by this or previous 
appropriations Acts shall be used to fund any position 
designated as a Principal Federal Official for any Robert T. 
Stafford Disaster Relief and Emergency Assistance Act declared 
disasters or emergencies.
  Sec. 542. Section 46301(a) of title 49, United States Code, 
is amended by adding at the end the following:
          ``(6) Failure To Collect Airport Security Badges.--
        Notwithstanding paragraph (1), any employer (other than 
        a governmental entity or airport operator) who employs 
        an employee to whom an airport security badge or other 
        identifier used to obtain access to a secure area of an 
        airport is issued before, on, or after the date of 
        enactment of this paragraph and who does not collect or 
        make reasonable efforts to collect such badge from the 
        employee on the date that the employment of the 
        employee is terminated and does not notify the operator 
        of the airport of such termination within 24 hours of 
        the date of such termination shall be liable to the 
        Government for a civil penalty not to exceed 
        $10,000.''.
  Sec. 543. None of the funds made available in this Act may be 
used by United States Citizenship and Immigration Services to 
grant an immigration benefit unless the results of background 
checks required by law to be completed prior to the grant of 
the benefit have been received by United States Citizenship and 
Immigration Services, and the results do not preclude the grant 
of the benefit.
  Sec. 544. None of the funds made available in this Act may be 
used to destroy or put out to pasture any horse or other equine 
belonging to the Federal Government that has become unfit for 
service, unless the trainer or handler is first given the 
option to take possession of the equine through an adoption 
program that has safeguards against slaughter and inhumane 
treatment.
  Sec. 545. Extension of the Implementation Deadline for the 
Western Hemisphere Travel Initiative. Subparagraph (A) of 
section 7209(b)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) 
is amended by striking ``This plan shall be implemented not 
later than 3 months after the Secretary of State and the 
Secretary of Homeland Security make the certifications required 
in subsection (B), or June 1, 2009, whichever is earlier.'' and 
inserting ``Such plan may not be implemented earlier than the 
date that is the later of 3 months after the Secretary of State 
and the Secretary of Homeland Security make the certification 
required in subparagraph (B) or June 1, 2009.''.
  Sec. 546. None of the funds provided in this Act shall be 
available to carry out section 872 of Public Law 107-296.
  Sec. 547. None of the funds provided in this Act under the 
heading ``Office of the Chief Information Officer'' shall be 
used for data center development other than for the National 
Center for Critical Information Processing and Storage until 
the Chief Information Officer certifies that the National 
Center for Critical Information Processing and Storage is fully 
utilized, to the maximum extent feasible, as the Department's 
primary data storage center at the highest capacity throughout 
the fiscal year.
  Sec. 548. None of the funds in this Act shall be used to 
reduce the United States Coast Guard's Operations Systems 
Center mission or its government-employed or contract staff 
levels.
  Sec. 549. None of the funds appropriated by this Act may be 
used to conduct, or to implement the results of, a competition 
under Office of Management and Budget Circular A-76 for 
activities performed with respect to the Coast Guard National 
Vessel Documentation Center.
  Sec. 550. (a) Notwithstanding section 503 of this Act, up to 
$24,000,000 from prior year balances currently available to the 
Transportation Security Administration may be transferred to 
``Transportation Threat Assessment and Credentialing'' for the 
Secure Flight program.
  (b) In carrying out the transfer authority under subsection 
(a), the Transportation Security Administration shall not 
utilize any prior year balances from the following programs: 
screener partnership program; explosives detection system 
purchase; explosives detection system installation; checkpoint 
support; aviation regulation and other enforcement; air cargo; 
and air cargo research and development: Provided, That any 
funds proposed to be transferred under this section shall not 
be available for obligation until the Committees on 
Appropriations of the Senate and the House of Representatives 
receive and approve a plan for expenditure for such funds that 
is submitted by the Secretary of Homeland Security: Provided 
further, That the plan shall be submitted simultaneously to the 
Government Accountability Office for review consistent with its 
ongoing assessment of the Secure Flight Program as mandated by 
section 522(a) of Public Law 108-334 (118 Stat. 1319).
  Sec. 551. Rescissions. (a) The following unobligated balances 
made available pursuant to section 505 of Public Law 109-295 
are rescinded: $2,003,441 from U.S. Customs and Border 
Protection ``Salaries and Expenses''; $9,583,611 from Coast 
Guard ``Operating Expenses''; $672,230 from ``United States 
Citizenship and Immigration Services''; $2,790,513 from Federal 
Emergency Management Agency ``Management and Administration''; 
$127,994 from Federal Emergency Management Agency ``Disaster 
Assistance Direct Loan Program Account''; $5,136,819 from U.S. 
Immigration and Customs Enforcement ``Salaries and Expenses''; 
$333,520 from Federal Law Enforcement Training Center 
``Salaries and Expenses''; $4,211,376 from the ``Office of the 
Secretary and Executive Management''; $443,672 from the 
``Office of the Under Secretary for Management''; $380,166 from 
the ``Office of the Chief Financial Officer''; $493,106 from 
the ``Office of the Chief Information Officer''; $368,166 from 
Domestic Nuclear Detection Office ``Management and 
Administration''; $45,369 from the ``Office of Health 
Affairs''; $32,299 from the ``Office of Inspector General''; 
$1,994,454 from National Protection and Programs Directorate 
``Management and Administration''; and $216,727 from Science 
and Technology ``Management and Administration''.
  (b) From the unobligated balances of funds transferred to the 
Department of Homeland Security when it was created in 2003, 
$59,286,537 are rescinded: Provided, That the rescission made 
under this subsection shall not be executed from the following 
programs: Coast Guard Retired Pay; U.S. Immigration and Customs 
Enforcement Violent Crime Reduction Program; Federal Law 
Enforcement Training Center Instructor Salaries; and Federal 
Emergency Management Agency National Security Support.
  (c) Of the amounts available under the heading 
``Counterterrorism Fund'', $8,480,000 are rescinded.
  (d) Of the unobligated balances available in the ``Department 
of Homeland Security, Transportation Security Administration 
Expenses'' account, $4,500,000 are rescinded.
  Sec. 552. Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall, under the Federal 
Emergency Management Agency Public Assistance Program, provide 
a single payment for any eligible costs for local educational 
agencies impacted by Hurricanes Katrina or Rita within 30 days 
of such request: Provided, That the payment for schools in 
Louisiana shall be submitted to the Louisiana Department of 
Education, which may expend up to 3 percent of those funds for 
administrative costs: Provided further, That the Federal 
Emergency Management Agency shall not reduce assistance in 
accordance with section 406(c)(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act for local 
educational agencies impacted by Hurricanes Katrina or Rita: 
Provided further, That nothing in the previous proviso shall be 
construed to alter the appeals or review process: Provided 
further, That section 406(d) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act shall not apply to more 
than one facility on a school site impacted by Hurricanes 
Katrina or Rita.
  Sec. 553. Technical Corrections. (a) In General.--
          (1) Redesignations.--Chapter 27 of title 18, United 
        States Code, is amended by redesignating section 554 
        added by section 551(a) of the Department of Homeland 
        Security Appropriations Act, 2007 (Public Law 109-295; 
        120 Stat. 1389) (relating to border tunnels and 
        passages) as section 555.
          (2) Table of sections.--The table of sections for 
        chapter 27 of title 18, United States Code, is amended 
        by striking the item relating to section 554, ``Border 
        tunnels and passages'', and inserting the following:

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

  (b) Criminal Forfeiture.--Section 982(a)(6) of title 18, 
United States Code, is amended by striking ``554'' and 
inserting ``555''.
  (c) Directive to the United States Sentencing Commission.--
Section 551(d) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390) 
is amended in paragraphs (1) and (2)(A) by striking ``554'' and 
inserting ``555''.
  Sec. 554. Sections 2241, 2242, 2243, and 2244 of title 18, 
United States Code, are each amended by striking ``the Attorney 
General'' each place that term appears and inserting ``the head 
of any Federal department or agency''.
  Sec. 555. Not later than 30 days after the date of enactment 
of this Act--
          (1) the Secretary of Homeland Security shall 
        establish and maintain on the homepage of the website 
        of the Department of Homeland Security, a direct link 
        to the website of the Office of Inspector General of 
        the Department of Homeland Security; and
          (2) the Inspector General of the Department of 
        Homeland Security shall establish and maintain on the 
        homepage of the website of the Office of Inspector 
        General a direct link for individuals to anonymously 
        report waste, fraud, or abuse.
  Sec. 556. The Secretary of Homeland Security shall require 
that all contracts of the Department of Homeland Security that 
provide award fees link such fees to successful acquisition 
outcomes (which outcomes shall be specified in terms of cost, 
schedule, and performance).
  Sec. 557. None of the funds made available to the Office of 
the Secretary and Executive Management under this Act may be 
expended for any new hires by the Department of Homeland 
Security that are not verified through the basic pilot program 
required under section 401 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
  Sec. 558. None of the funds made available in this Act for 
U.S. Customs and Border Protection may be used to prevent an 
individual not in the business of importing a prescription drug 
(within the meaning of section 801(g) of the Federal Food, 
Drug, and Cosmetic Act) from importing a prescription drug from 
Canada that complies with the Federal Food, Drug, and Cosmetic 
Act: Provided, That this section shall apply only to 
individuals transporting on their person a personal-use 
quantity of the prescription drug, not to exceed a 90-day 
supply: Provided further, That the prescription drug may not 
be--
          (1) a controlled substance, as defined in section 102 
        of the Controlled Substances Act (21 U.S.C. 802); or
          (2) a biological product, as defined in section 351 
        of the Public Health Service Act (42 U.S.C. 262).
  Sec. 559. None of the funds made available in this Act may be 
used by the Secretary of Homeland Security or any delegate of 
the Secretary to issue any rule or regulation which implements 
the Notice of Proposed Rulemaking related to Petitions for 
Aliens To Perform Temporary Nonagricultural Services or Labor 
(H-2B) set out beginning on 70 Fed. Reg. 3984 (January 27, 
2005).
  Sec. 560. Notwithstanding any other provision of law, 
Watsonville Community Hospital, or its successor trust, shall 
not be required to pay the Federal Emergency Management Agency 
additional funds related to DR-845.
  Sec. 561. Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall provide, under the Federal 
Emergency Management Agency Public Assistance Program, the 
relocation costs as estimated by the Federal Emergency 
Management Agency on May 5, 2006, for the Peebles School in 
Iberia Parish, Louisiana, which was damaged by Hurricane Rita 
in 2005.
  Sec. 562. Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall provide, under the Federal 
Emergency Management Agency Public Assistance Program, the 
currently uncompensated debris removal costs from Super Typhoon 
Paka and the firefighting costs associated with the Malojloj 
hardfill fire in 1998.
  Sec. 563. Secure Handling of Ammonium Nitrate.--(a) In 
General.--Title VIII of the Homeland Security Act of 2002 (6 
U.S.C. 361 et seq.) is amended by adding at the end the 
following:

           ``Subtitle J--Secure Handling of Ammonium Nitrate


``SEC. 899A. DEFINITIONS.

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

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

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

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

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

``SEC. 899D. ADMINISTRATIVE PROVISIONS.

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

``SEC. 899E. THEFT REPORTING REQUIREMENT.

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

``SEC. 899F. PROHIBITIONS AND PENALTY.

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

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

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

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

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

``SEC. 899I. DEADLINES FOR REGULATIONS.

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

``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

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

            ``Subtitle J--Secure Handling of Ammonium Nitrate

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

  Sec. 564. Improvement of Barriers at Border. (a) Section 102 
of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1103 note) is amended--
          (1) in subsection (a), by striking ``Attorney 
        General, in consultation with the Commissioner of 
        Immigration and Naturalization,'' and inserting 
        ``Secretary of Homeland Security''; and
          (2) in subsection (b)--
                  (A) in the subsection heading, by striking 
                ``in the Border Area'' and inserting ``Along 
                the Border'';
                  (B) in paragraph (1)--
                          (i) in the heading, by striking 
                        ``Security features'' and inserting 
                        ``Additional fencing along southwest 
                        border''; and
                          (ii) by striking subparagraphs (A) 
                        through (C) and inserting the 
                        following:
                  ``(A) Reinforced fencing.--In carrying out 
                subsection (a), the Secretary of Homeland 
                Security shall construct reinforced fencing 
                along not less than 700 miles of the southwest 
                border where fencing would be most practical 
                and effective and provide for the installation 
                of additional physical barriers, roads, 
                lighting, cameras, and sensors to gain 
                operational control of the southwest border.
                  ``(B) Priority areas.--In carrying out this 
                section, the Secretary of Homeland Security 
                shall--
                          ``(i) identify the 370 miles, or 
                        other mileage determined by the 
                        Secretary, whose authority to determine 
                        other mileage shall expire on December 
                        31, 2008, along the southwest border 
                        where fencing would be most practical 
                        and effective in deterring smugglers 
                        and aliens attempting to gain illegal 
                        entry into the United States; and
                          ``(ii) not later than December 31, 
                        2008, complete construction of 
                        reinforced fencing along the miles 
                        identified under clause (i).
                  ``(C) Consultation.--
                          ``(i) In general.--In carrying out 
                        this section, the Secretary of Homeland 
                        Security shall consult with the 
                        Secretary of the Interior, the 
                        Secretary of Agriculture, States, local 
                        governments, Indian tribes, and 
                        property owners in the United States to 
                        minimize the impact on the environment, 
                        culture, commerce, and quality of life 
                        for the communities and residents 
                        located near the sites at which such 
                        fencing is to be constructed.
                          ``(ii) Savings provision.--Nothing in 
                        this subparagraph may be construed to--
                                  ``(I) create or negate any 
                                right of action for a State, 
                                local government, or other 
                                person or entity affected by 
                                this subsection; or
                                  ``(II) affect the eminent 
                                domain laws of the United 
                                States or of any State.
                  ``(D) Limitation on requirements.--
                Notwithstanding subparagraph (A), nothing in 
                this paragraph shall require the Secretary of 
                Homeland Security to install fencing, physical 
                barriers, roads, lighting, cameras, and sensors 
                in a particular location along an international 
                border of the United States, if the Secretary 
                determines that the use or placement of such 
                resources is not the most appropriate means to 
                achieve and maintain operational control over 
                the international border at such location.''; 
                and
                  (C) in paragraph (4), by striking ``to carry 
                out this subsection not to exceed $12,000,000'' 
                and inserting ``such sums as may be necessary 
                to carry out this subsection''.
  (b) No funds appropriated in this Act for U.S. Customs and 
Border Protection ``Border Security Fencing, Infrastructure, 
and Technology'' may be obligated unless the Secretary of 
Homeland Security has complied with section 102(b)(2)(C)(i) of 
the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1103 note) as amended by subsection (a)(2).
  Sec. 565. International Registered Traveler Program. Section 
7208(k)(3) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to read as 
follows:
          ``(3) International registered traveler program.--
                  ``(A) In general.--The Secretary of Homeland 
                Security shall establish an international 
                registered traveler program that incorporates 
                available technologies, such as biometrics and 
                e-passports, and security threat assessments to 
                expedite the screening and processing of 
                international travelers, including United 
                States Citizens and residents, who enter and 
                exit the United States. The program shall be 
                coordinated with the United States Visitor and 
                Immigrant Status Indicator Technology program, 
                other pre-screening initiatives, and the Visa 
                Waiver Program.
                  ``(B) Fees.--The Secretary may impose a fee 
                for the program established under subparagraph 
                (A) and may modify such fee from time to time. 
                The fee may not exceed the aggregate costs 
                associated with the program and shall be 
                credited to the Department of Homeland Security 
                for purposes of carrying out the program. 
                Amounts so credited shall remain available 
                until expended.
                  ``(C) Rulemaking.--Within 365 days after the 
                date of enactment of this paragraph, the 
                Secretary shall initiate a rulemaking to 
                establish the program, criteria for 
                participation, and the fee for the program.
                  ``(D) Implementation.--Not later than 2 years 
                after the date of enactment of this paragraph, 
                the Secretary shall establish a phased-
                implementation of a biometric-based 
                international registered traveler program in 
                conjunction with the United States Visitor and 
                Immigrant Status Indicator Technology entry and 
                exit system, other pre-screening initiatives, 
                and the Visa Waiver Program at United States 
                airports with the highest volume of 
                international travelers.
                  ``(E) Participation.--The Secretary shall 
                ensure that the international registered 
                traveler program includes as many participants 
                as practicable by--
                          ``(i) establishing a reasonable cost 
                        of enrollment;
                          ``(ii) making program enrollment 
                        convenient and easily accessible; and
                          ``(iii) providing applicants with 
                        clear and consistent eligibility 
                        guidelines.''.
  Sec. 566. Shared Border Management. (a) Study.--The 
Comptroller General of the United States shall conduct a study 
on the Department of Homeland Security's use of shared border 
management to secure the international borders of the United 
States.
  (b) Report.--The Comptroller General shall submit a report to 
Congress that describes--
          (1) any negotiations, plans, or designs conducted by 
        officials of the Department of Homeland Security 
        regarding the practice of shared border management; and
          (2) the factors required to be in place for shared 
        border management to be successful.
  Sec. 567. None of the funds made available in this Act may be 
used for planning, testing, piloting, or developing a national 
identification card.
  Sec. 568. Transportation Security Administration Acquisition 
Management Policy. (a) In General.--Section 114 of title 49, 
United States Code, is amended by striking subsection (o) and 
redesignating subsections (p) through (t) as subsections (o) 
through (s), respectively.
  (b) Effective Date.--The amendment made by subsection (a) 
shall take effect 180 days after the date of enactment of this 
Act.
  Sec. 569. (a) Notwithstanding any other provision of this 
Act, except as provided in subsection (b), and 30 days after 
the date that the President determines whether to declare a 
major disaster because of an event and any appeal is completed, 
the Administrator shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate, the Committee 
on Homeland Security of the House of Representatives, the 
Committee on Transportation and Infrastructure of the House of 
Representatives, the Committees on Appropriations of the Senate 
and the House of Representatives, and publish on the website of 
the Federal Emergency Management Agency, a report regarding 
that decision, which shall summarize damage assessment 
information used to determine whether to declare a major 
disaster.
  (b) The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines would 
compromise national security.
  (c) In this section--
          (1) the term ``Administrator'' means the 
        Administrator of the Federal Emergency Management 
        Agency; and
          (2) the term ``major disaster'' has the meaning given 
        that term in section 102 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122).
  Sec. 570. If the Secretary of Homeland Security establishes a 
National Transportation Security Center of Excellence to 
conduct research and education activities, and to develop or 
provide professional security training, including the training 
of transportation employees and transportation professionals, 
the Mineta Transportation Institute at San Jose State 
University may be included as a member institution of such 
Center.
  Sec. 571. Effective no later than ninety days after the date 
of enactment of this Act, the Transportation Security 
Administration shall permit approved members of Registered 
Traveler programs to satisfy fully the required identity 
verification procedures at security screening checkpoints by 
presenting a biometrically-secure Registered Traveler card in 
lieu of the government-issued photo identification document 
required of non-participants: Provided, That if their identity 
is not confirmed biometrically, the standard identity and 
screening procedures will apply: Provided further, That if the 
Assistant Secretary (Transportation Security Administration) 
determines this is a threat to civil aviation, then the 
Assistant Secretary (Transportation Security Administration) 
shall notify the Committees on Appropriations of the Senate and 
House of Representatives five days in advance of such 
determination and require Registered Travelers to present 
government-issued photo identification documents in conjunction 
with a biometrically-secure Registered Traveler card.
  Sec. 572. Section 831(a) of the Homeland Security Act of 2002 
(6 U.S.C. 391(a)) is amended by striking ``During the 5-year 
period following the effective date of this Act'' and inserting 
``Until September 30, 2008''.
  Sec. 573. (a) Rescission.--Of amounts previously made 
available from the Federal Emergency Management Agency 
``Disaster Relief'' to the State of Mississippi pursuant to 
section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c) for Hurricane 
Katrina, $20,000,000 are rescinded.
  (b) Appropriation.--For Federal Emergency Management Agency 
``State and Local Programs'', there is appropriated an 
additional $20,000,000, to remain available until expended, for 
a grant to the State of Mississippi for an interoperable 
communications system required in the aftermath of Hurricane 
Katrina: Provided, That this entire amount is designated as 
described in section 5 (in the matter preceding division A of 
this consolidated Act).

                                TITLE VI


           BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

  Sec. 601. Short Title.
  This title may be cited as the ``Border Infrastructure and 
Technology Modernization Act of 2007''.
  Sec. 602. Definitions.--In this title:
          (1) Commissioner.--The term ``Commissioner'' means 
        the Commissioner of U.S. Customs and Border Protection 
        of the Department of Homeland Security.
          (2) Maquiladora.--The term ``maquiladora'' means an 
        entity located in Mexico that assembles and produces 
        goods from imported parts for export to the United 
        States.
          (3) Northern border.--The term ``northern border'' 
        means the international border between the United 
        States and Canada.
          (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Department of Homeland Security.
          (5) Southern border.--The term ``southern border'' 
        means the international border between the United 
        States and Mexico.
  Sec. 603. Port of Entry Infrastructure Assessment Study.--(a) 
Requirement To Update.--Not later than January 31 of every 
other year, the Commissioner, in consultation with the 
Administrator of General Services shall--
          (1) review--
                  (A) the Port of Entry Infrastructure 
                Assessment Study prepared by the United States 
                Customs Service, the Immigration and 
                Naturalization Service, and the General 
                Services Administration in accordance with the 
                matter relating to the ports of entry 
                infrastructure assessment set forth in the 
                joint explanatory statement on page 67 of 
                conference report 106-319, accompanying Public 
                Law 106-58; and
                  (B) the nationwide strategy to prioritize and 
                address the infrastructure needs at the land 
                ports of entry prepared by the Department of 
                Homeland Security and the General Services 
                Administration in accordance with the committee 
                recommendations on page 22 of Senate report 
                108-86, accompanying Public Law 108-90;
          (2) update the assessment of the infrastructure needs 
        of all United States land ports of entry; and
          (3) submit an updated assessment of land port of 
        entry infrastructure needs to the Committees on 
        Appropriations of the Senate and the House of 
        Representatives, the Senate Committee on Environment 
        and Public Works, the Senate Committee on Homeland 
        Security and Governmental Affairs, the House Committee 
        on Transportation and Infrastructure, and the House 
        Committee on Homeland Security.
  (b) Consultation.--In preparing the updated studies required 
under subsection (a), the Commissioner and the Administrator of 
General Services shall consult with the Director of the Office 
of Management and Budget, the Secretary, and affected State and 
local agencies on the northern and southern borders of the 
United States.
  (c) Content.--Each updated study required in subsection (a) 
shall--
          (1) identify port of entry infrastructure and 
        technology improvement projects that would enhance 
        border security and facilitate the flow of legitimate 
        commerce if implemented;
          (2) include the projects identified in the National 
        Land Border Security Plan required by section 604; and
          (3) prioritize the projects described in paragraphs 
        (1) and (2) based on the ability of a project--
                  (A) to enhance the ability of U.S. Customs 
                and Border Protection to achieve its mission 
                and to support operations;
                  (B) to fulfill security requirements; and
                  (C) facilitate trade across the borders of 
                the United States.
  (d) Project Implementation.--The Commissioner, as 
appropriate, shall--
          (1) implement the infrastructure and technology 
        improvement projects described in subsection (c) in the 
        order of priority assigned to each project under 
        subsection (c)(3); or
          (2) forward the prioritized list of infrastructure 
        and technology improvement projects to the 
        Administrator of General Services for implementation in 
        the order of priority assigned to each project under 
        subsection (c)(3).
  (e) Divergence From Priorities.--The Commissioner may diverge 
from the priority order if the Commissioner determines that 
significantly changed circumstances, including immediate 
security needs, changes in infrastructure in Mexico or Canada, 
or similar concerns, compellingly alter the need for a project 
in the United States.
  Sec. 604. National Land Border Security Plan. (a) Requirement 
for Plan.--Not later than January 31 of every other year, the 
Secretary, acting through the Commissioner, shall prepare a 
National Land Border Security Plan and submit such plan to the 
Committees on Appropriations of the Senate and the House of 
Representatives, the Senate Committee on Environment and Public 
Works, the Senate Committee on Homeland Security and 
Governmental Affairs, the Senate Committee on the Judiciary, 
the House Committee on Transportation and Infrastructure, the 
House Committee on Homeland Security, and the House Committee 
on the Judiciary.
  (b) Consultation.--In preparing the plan required under 
subsection (a), the Commissioner shall consult with other 
appropriate Federal agencies, State and local law enforcement 
agencies, and private entities that are involved in 
international trade across the northern or southern border.
  (c) Vulnerability Assessment.--
          (1) In general.--The plan required under subsection 
        (a) shall include a vulnerability, risk, and threat 
        assessment of each port of entry located on the 
        northern border or the southern border.
          (2) Port security coordinators.--The Secretary, 
        acting through the Commissioner, may establish one or 
        more port security coordinators at each port of entry 
        located on the northern border or the southern border--
                  (A) to assist in conducting a vulnerability 
                assessment at such port; and
                  (B) to provide other assistance with the 
                preparation of the plan required under 
                subsection (a).
  (d) Coordination with the Secure Border Initiative.--The plan 
required under subsection (a) shall include a description of 
activities undertaken during the previous year as part of the 
Secure Border Initiative and actions planned for the coming 
year as part of the Secure Border Initiative.
  Sec. 605. Port of Entry Technology Demonstration Program. (a) 
Establishment.--The Secretary, acting through the Commissioner, 
shall carry out a technology demonstration program to test and 
evaluate new port of entry technologies, refine port of entry 
technologies and operational concepts, and train personnel 
under realistic conditions.
  (b) Technology Tested.--Under the demonstration program, the 
Commissioner shall test technologies that enhance port of entry 
operations, including those related to inspections, 
communications, port tracking, identification of persons and 
cargo, sensory devices, personal detection, decision support, 
and the detection and identification of weapons of mass 
destruction.
  (c) Demonstration Sites.--
          (1) Number.--The Commissioner shall carry out the 
        demonstration program at not less than three sites and 
        not more than five sites.
          (2) Location.--Of the sites selected under subsection 
        (c)--
                  (A) at least one shall be located on the 
                northern border of the United States; and
                  (B) at least one shall be located on the 
                southern border of the United States.
          (3) Selection criteria.--To ensure that one of the 
        facilities selected as a port of entry demonstration 
        site for the demonstration program has the most up-to-
        date design, contains sufficient space to conduct the 
        demonstration program, has a traffic volume low enough 
        to easily incorporate new technologies without 
        interrupting normal processing activity, and can 
        efficiently carry out demonstration and port of entry 
        operations, one port of entry selected as a 
        demonstration site may--
                  (A) have been established not more than 15 
                years before the date of the enactment of this 
                Act;
                  (B) consist of not less than 65 acres, with 
                the possibility of expansion onto not less than 
                25 adjacent acres; and
                  (C) have serviced an average of not more than 
                50,000 vehicles per month during the 12 months 
                preceding the date of the enactment of this 
                Act.
  (d) Relationship With Other Agencies.--The Secretary, acting 
through the Commissioner, shall permit personnel from 
appropriate Federal agencies to utilize a demonstration site 
described in subsection (c) to test technologies that enhance 
port of entry operations, including those related to 
inspections, communications, port tracking, identification of 
persons and cargo, sensory devices, personal detection, 
decision support, and the detection and identification of 
weapons of mass destruction.
  (e) Report.--
          (1) Requirement.--Not later than 1 year after the 
        date of the enactment of this Act, and annually 
        thereafter, the Secretary shall submit to the 
        Committees on Appropriations of the Senate and the 
        House of Representatives, the Senate Committee on 
        Environment and Public Works, the Senate Committee on 
        Homeland Security and Governmental Affairs, the House 
        Committee on Transportation and Infrastructure, and the 
        House Committee on Homeland Security a report on the 
        activities carried out at each demonstration site under 
        the technology demonstration program established under 
        this section.
          (2) Content.--The report shall include an assessment 
        by the Commissioner of the feasibility of incorporating 
        any demonstrated technology for use throughout U.S. 
        Customs and Border Protection.
  Sec. 606. Authorization of Appropriations. (a) In General.--
In addition to any funds otherwise available, there are 
authorized to be appropriated such sums as may be necessary to 
carry out this title for fiscal years 2009 through 2013.
  (b) International Agreements.--Funds authorized to be 
appropriated under this title may be used for the 
implementation of projects described in the Declaration on 
Embracing Technology and Cooperation to Promote the Secure and 
Efficient Flow of People and Commerce across our Shared Border 
between the United States and Mexico, agreed to March 22, 2002, 
Monterrey, Mexico (commonly known as the Border Partnership 
Action Plan) or the Smart Border Declaration between the United 
States and Canada, agreed to December 12, 2001, Ottawa, Canada 
that are consistent with the provisions of this title.
  This division may be cited as the ``Department of Homeland 
Security Appropriations Act, 2008''.
    [Clerk's note: Reproduced below is the material relating to 
division E contained in the ``Explanatory Statement Submitted 
by Mr. Obey, Chairman of the House Committee on Appropriations, 
Regarding the Consolidated Appropriations Amendment of the 
House of Representatives to the Senate Amendment to H.R. 
2764''.\1\
---------------------------------------------------------------------------
    \1\ This Explanatory Statement was submitted for printing in the 
Congressional Record on December 17, 2007, prior to House consideration 
of the Consolidated Appropriations amendment and as directed by the 
House of Representatives in section 3 of H. Res. 869. The Statement 
appears in books II and III of the December 17 Congressional Record, 
with the division E portion beginning on page H16078 of book II.
---------------------------------------------------------------------------
    The amendment discussed in the Explanatory Statement was 
agreed to without change by both the House of Representatives 
and the Senate. Therefore, the ``amended bill'' referred to in 
the Statement is the same as the legislation that has been 
signed into law.
    Section 4 of the Consolidated Appropriations Act provides 
that this Explanatory Statement 'shall have the same effect 
with respect to the allocation of funds and implementation of 
divisions A through K of this Act as if it were a joint 
explanatory statement of a committee of conference''.]

                   Explanatory Statement, Division E


  DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008

    The following is an explanation of the effects of this 
division on the House amendment to the Senate amendment to H.R. 
2764 (hereafter referred to as ``the amended bill'') relative 
to the versions of the Department of Homeland Security 
Appropriations Act, 2008 (H.R. 2638 and S. 1644) passed by the 
House of Representatives and the Senate. The language and 
allocations contained in House Report 110-181 and Senate Report 
110-84 should be complied with unless specifically addressed to 
the contrary in the amended bill or this explanatory statement. 
When this explanatory statement refers to the Committees on 
Appropriations, unless otherwise noted, this reference is to 
the House Subcommittee on Homeland Security and the Senate 
Subcommittee on Homeland Security.
    While repeating some report language for emphasis, this 
explanatory statement does not intend to negate the language 
referred to above unless expressly provided herein. In cases 
where both the House and Senate reports address a particular 
issue not specifically addressed in the amended bill or 
explanatory statement, the Committees on Appropriations have 
determined the House report and the Senate report are not 
inconsistent and are to be interpreted accordingly.
    In cases where the House or Senate report directs the 
submission of a report, such report is to be submitted to both 
Committees on Appropriations. In a number of instances, House 
Report 110-181 and Senate Report 110-84 direct agencies to 
report to the Committees by specific dates. In those instances, 
and unless alternative dates are provided in the explanatory 
statement, agencies are directed to provide these reports to 
the Committees on Appropriations no later than five months 
after the date of enactment of this Act. Further, the 
Committees on Appropriations have attempted to reduce the 
number of reports required of the Department and in certain 
instances in lieu of reports have requested briefings. Unless 
alternative dates are provided in the explanatory statement, 
agencies are directed to provide these briefings within four 
months after the date of enactment of this Act.
    Last, this explanatory statement refers to the following 
laws as follows: Implementing Recommendations of the 9/11 
Commission Act of 2007, Public Law 110-53, is referenced as the 
9/11 Act; Security and Accountability for Every Port Act of 
2006, Public Law 109-347, is referenced as the SAFE Port Act; 
and the Intelligence Reform and Terrorism Prevention Act of 
2004, Public Law 108-458, is referenced as the Intelligence 
Reform Act.

                          CLASSIFIED PROGRAMS

    Recommended adjustments to classified programs are 
addressed in a classified annex accompanying this explanatory 
statement.

TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    The amended bill provides $97,353,000 for the Office of the 
Secretary and Executive Management instead of $85,172,000 as 
proposed by the House and $100,000,000 as proposed by the 
Senate. A total of $15,000,000 of this amount is unavailable 
for obligation until the Secretary certifies that DHS has 
revised Departmental guidance with respect to relations with 
the Government Accountability Office (GAO) and the Inspector 
General (IG), similar to bill language proposed by the Senate. 
The amended bill also limits obligations to seventy-five 
percent of the amount appropriated until receipt of the first 
report on progress to improve and modernize efforts to remove 
criminal aliens judged deportable from the United States.
    Reductions are made to the budget request due to a large 
number of vacancies and unobligated balances within certain 
offices. Funding shall be allocated as follows:

Immediate Office of the Secretary.......................      $2,540,000
Immediate Office of the Deputy Secretary................       1,122,000
Chief of Staff..........................................       2,639,000
Office of Counternarcotics Enforcement..................       2,680,000
Executive Secretary.....................................       4,722,000
Office of Policy........................................      33,000,000
Office of Public Affairs................................       6,650,000
Office of Legislative and Intergovernmental Affairs.....       4,900,000
Office of General Counsel...............................      13,500,000
Office of Civil Rights and Liberties....................      14,200,000
Citizenship and Immigration Services Ombudsman..........       5,900,000
Privacy Officer.........................................       5,500,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     $97,353,000

                 Office of Counternarcotics Enforcement

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

                            Office of Policy

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

                   Secure Border Coordination Office

    No funding is provided for the Secure Border Coordination 
Office, consistent with the budget amendment submitted on 
November 6, 2007. Oversight of this office is funded within 
U.S. Customs and Border Protection (CBP). Both the House and 
Senate funded this office at $4,500,000. The Committees on 
Appropriations are concerned with the Department's decision to 
manage the Secure Border Initiative (SBI) within CBP rather 
than establish a Departmental level coordinating office, as 
proposed by DHS in fiscal year 2007. A cross-cutting effort 
such as the SBI, which spans not only multiple agencies within 
DHS, but other cabinet-level Departments and the Judicial 
Branch, cannot be effectively coordinated within an operational 
agency. These concerns are amplified by the fact that CBP's SBI 
program office is also charged with managing the multi-billion 
dollar border security fencing, infrastructure, and technology 
(BSFIT) program, which demands significant and focused 
managerial attention that should not be dually charged with 
external coordination of all SBI efforts. DHS is directed to 
brief the Committees on Appropriations no later than 120 days 
after the date of enactment of this Act on how the SBI effort 
is being effectively coordinated across the federal government, 
including specific details on how funds appropriated to the 
Secure Border Coordination Office in fiscal year 2007 were 
obligated and the Department's plans to establish and staff the 
Department level Secure Border Coordination Council. It is 
essential the Secure Border Coordination Council receive 
strong, consistent leadership from the Office of the Secretary.

                        Office of Public Affairs

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

                       Office of General Counsel

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

                            Privacy Officer

    The Committees on Appropriations provide $5,500,000 for the 
Privacy Office instead of $6,000,000 as proposed by the House 
and $5,111,000 as proposed by the Senate. Funding is provided 
for additional staffing of this office, given that this office 
has wide-ranging critical responsibilities that are currently 
understaffed. GAO is directed to evaluate the operation of DHS' 
Freedom of Information Act (FOIA) program, its staffing levels, 
and the adequacy of its resources to determine if the program 
can be operated in a more efficient and cost-effective manner 
at the Department. The Senate report requested that the IG 
conduct this evaluation, but the Committees on Appropriations 
believe a GAO evaluation is more appropriate to allow DHS' FOIA 
program to be compared with other executive branch agency FOIA 
programs.

                  Comparative Border Control Resources

    The Committees on Appropriations agree with the House 
report directing a report on the number, type and location of 
DHS facilities, personnel, major assets and technology based or 
deployed within 100 miles of the United States border with 
Mexico and Canada. This report is to be provided to the 
Committees on Appropriations by January 31, 2008. In addition, 
the Secretary is directed to conduct a study of law enforcement 
radio communications along the international borders of the 
United States consistent with the terms and conditions listed 
in section 569 of the Senate bill.

                     2010 Vancouver Games Security

    The Committees on Appropriations expect the Department to 
effectively manage security risks associated with the 2010 
Vancouver Olympic and Paralympic Games, and direct the 
Secretary to submit a report as described in section 552 of the 
Senate bill to the House and Senate Committees listed in that 
section.

             Citizenship and Immigration Services Ombudsman

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

              Office of the Under Secretary for Management

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

Under Secretary for Management..........................      $2,012,000
Office of Security......................................      53,490,000
Office of the Chief Procurement Officer.................      28,495,000
Office of the Chief Human Capital Officer...............       8,811,000
Human Resources.........................................      10,000,000
MAX-HR..................................................               0
Office of the Chief Administrative Officer..............      41,430,000
Nebraska Avenue Complex Facilities......................       6,000,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................    $150,238,000

                     Under Secretary for Management

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

                           Office of Security

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

                Office of the Chief Procurement Officer

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

               Office of the Chief Human Capital Officer

    The Committees on Appropriations provide $18,811,000 for 
the Office of the Chief Human Capital Officer instead of 
$13,278,000 as proposed by the House and $13,811,000 as 
proposed by the Senate. No funding is provided for MAX-HR or 
any follow-on personnel system. Instead, $10,000,000 is 
provided to address the Department's dismal results in the 2006 
Federal Human Capital Survey. The Department is directed to 
ensure that these funds are spent on programs that directly 
address the shortcomings identified in this survey or in a 
subsequent DHS survey that the Department plans to conduct. 
Such programs may include the planned DHS survey, gap analysis 
of mission critical occupations, hiring and retention 
strategies, robust diversity programs, and Department-wide 
education and training initiatives. The Secretary is required 
to submit an expenditure plan for these funds prior to 
obligation.

                   Nebraska Avenue Complex Facilities

    The Committees on Appropriations provide $6,000,000 for 
facilities costs at the Nebraska Avenue Complex (NAC), instead 
of $101,000,000 proposed by the House and $94,000,000 as 
proposed by the Senate for both the Nebraska Avenue Complex and 
the consolidated headquarters project. The Under Secretary is 
directed to submit an expenditure plan on the expected uses of 
these funds within 30 days after the date of enactment of this 
Act. The Committees on Appropriations agree with the House 
report directing the Chief Administrative Officer to minimize 
investment in the NAC since it will be replaced with a new 
headquarters campus. The Department is directed to make only 
those investments absolutely necessary to address pressing 
operational problems at the NAC. The Department is also 
directed to submit NAC reports semiannually, as detailed in the 
Senate report, and further directed that these reports reflect 
both changes to scheduled projects and activities accomplished. 
DHS and the Coast Guard are directed to plan a headquarters 
facility that balances growth and cost as detailed in the House 
report. DHS is also directed to provide quarterly briefings to 
the Committees on Appropriations on the headquarters project as 
detailed in the Senate report.

                 Office of the Chief Financial Officer

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

                  Annual Appropriations Justifications

    The CFO is directed to submit all of its fiscal year 2009 
budget justifications (classified and unclassified) concurrent 
with the submission of the President's budget request and at 
the level of detail specified in the House and Senate reports. 
In addition, the annual appropriations justifications should 
include explicit information by appropriations account, 
program, project, and activity on all reimbursable agreements 
and uses of the Economy Act exceeding $50,000; a listing of 
overdue Committee reports; and a detailed table identifying the 
last year authorizing legislation was provided by Congress for 
each appropriation account, the amount of the authorization, 
and the appropriation in the last year of the authorization.

                       Reprogramming Requirements

    The amended bill continues and modifies a provision 
regarding reprogramming of funds. The following have been added 
to the Department's reprogramming requirements: creation of a 
new program, project or activity; elimination of an office; 
and, contracting out any function or activity for which funds 
were requested for Federal employees.

              Contract and Grant Notification Requirements

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

                Office of the Chief Information Officer

    The amended bill provides $295,200,000 for the Office of 
the Chief Information Officer (CIO) instead of $258,621,000 as 
proposed by the House and $321,100,000 as proposed by the 
Senate. Funding shall be allocated as follows:

Salaries and Expenses...................................     $81,000,000
Information Technology (IT) Activities..................      56,200,000
Security Activities.....................................     124,900,000
Homeland Secure Data Network............................      33,100,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     295,200,000

              CIO-Led Information Technology Acquisitions

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

                    Information Technology Security

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

           Coordination of Information Technology Investments

    The Committees on Appropriations note that the CIO now 
exercises significant authority to review and oversee the 
Department's major IT investments, and direct the CIO to 
provide a briefing on the process in place to review these 
procurements, including a listing of all IT investments it 
plans to review in fiscal year 2008. For each procurement to be 
reviewed, the briefing should include associated project 
information such as: the complete budget (including all funding 
sources), the timelines for development and implementation, and 
annual and lifecycle costs. Within this briefing, the CIO is 
also directed to discuss the steps taken to implement the key 
practices recommended in the Government Accountability Office 
IT Investment Management Framework.

                      Integrated Wireless Network

    The Committees on Appropriations direct the CIO to limit 
involvement with the Integrated Wireless Program to only those 
activities it carries out with other similar agency-managed 
acquisition projects.

                              Data Centers

    The Committees on Appropriations provide $72,300,000 within 
security activities for data center development, an increase of 
$35,500,000 from the budget request level. The additional funds 
are to be used for construction at the National Center for 
Critical Information Processing and Storage (NCCIPS) for build 
out costs to expand data storage capabilities, in accordance 
with the existing agreement to provide 100,000 square feet of 
data center space.
    The Congress has provided significant resources in this and 
previous appropriations bills for the consolidation of DHS data 
centers, both to improve operational efficiency and promote a 
standardized IT architecture at DHS. It is therefore 
disappointing to discover that the U.S. Secret Service data 
center will not be consolidated with other DHS operations, even 
though other Secret Service projects require the agency to 
relocate its IT equipment and staff. The Committees on 
Appropriations direct the CIO to review the location and future 
plans for every data center operated and managed by DHS 
agencies and components, and ensure that all future data center 
relocation projects are first considered for consolidation. The 
Department is directed to implement its data center 
consolidation plan in a manner consistent with section 888 of 
Public Law 107-296, as proposed by the Senate.

                        Enterprise Architecture

    The CIO is directed to provide the Committees on 
Appropriations with a briefing on efforts planned and underway 
to make the Department's enterprise architecture comport with 
GAO-recommended reforms.

                        Analysis and Operations


                    (INCLUDING RESCISSION OF FUNDS)

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

    National Immigration Information Sharing Operation and National 
                          Applications Office

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

               Intelligence and Analysis Expenditure Plan

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

                     State and Local Fusion Centers

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

                       National Operations Center

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

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                      Office of Inspector General

    The amended bill provides $92,711,000 for the Office of 
Inspector General (IG) instead of $99,611,000 as proposed by 
the House and $95,211,000 as proposed by the Senate. Included 
in this funding is $1,200,000 to conduct U.S. Customs and 
Border Protection revenue oversight.

                        Disaster Relief Funding

    In addition to the funding provided above, $16,000,000 is 
available for transfer from the Disaster Relief Fund instead of 
$13,500,000 as proposed by the Senate. The House proposed no 
such transfer. These funds are for audits and investigations 
related to disasters, including uses of the Disaster Relief 
Fund. The IG is required to notify the Committees on 
Appropriations no less than 15 days prior to any transfer from 
the Disaster Relief Fund.

                              Formaldehyde

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

                         Cosco Busan Oil Spill

    The IG is directed to investigate Coast Guard's role in the 
M/V Cosco Busan oil spill in San Francisco Bay on November 7, 
2007, including the difficulties faced when ships transit ports 
in heavy fog; proper standard operating procedures 
watchstanders at the vessel traffic services San Francisco 
control center should follow when observing a ship to be on a 
course that may lead to a collision or allision; whether the 
Unified Command effectively managed the resources available to 
Coast Guard related to containment and remediation of the 
spill; whether the rapid response plan for the treatment of 
marine resources, wildlife and fisheries required by the Oil 
Pollution Act of 1990 was followed and was adequate to guide 
this aspect of the response; and whether the Area Response Plan 
contains provisions adequate to guide the response to a spill 
of the type encountered in this allision, and whether these 
provisions were followed during the response to this incident. 
The investigation should specifically address unacceptable 
delays in the reporting of information to local authorities the 
day of the incident, the impact of those delays on the response 
and the adequacy of Coast Guard's initial investigation of the 
allision. In addition, the investigation should review Coast 
Guard's existing emergency response capabilities in San 
Francisco Bay and make recommendations regarding needed 
improvements and should include whether recent reorganizations 
at Coast Guard contributed to any response delays. The 
conferees direct the IG to submit a report no later than April 
1, 2008, setting forth the conclusions of this investigation.

                           Pre-Packaged News

    The 2007 Continuing Resolution continued the government-
wide provision prohibiting an executive branch agency from 
producing any prepackaged news story intended for broadcast or 
distribution in the United States, unless the prepackaged news 
story contains clear notification that the story was produced 
and funded by the Federal government. Given the recent 
revelation of a staged press conference in FEMA, the Inspector 
General is directed to audit DHS' compliance with this 
provision.

                             Secure Flight

    The Committees on Appropriations are concerned that, even 
with the Secure Flight program, the Transportation Security 
Administration plans to continue to screen passenger names 
against only a subset of the full terrorist watch list. 
Therefore, the IG is directed to report on the vulnerabilities 
that exist to our aviation system if the Secure Flight program 
does not screen against the full terrorism watch list.

                             Audit Reports

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

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS


                   U.S. Customs and Border Protection


                         SALARIES AND EXPENSES

    The amended bill provides $6,802,560,000 for Salaries and 
Expenses, instead of $6,629,733,000 as proposed by the House 
and $6,601,058,000 as proposed by the Senate. Of this amount, 
$323,000,000 is designated as emergency.
    The Committees on Appropriations provide $3,075,232,000 for 
border security between ports of entry, including funds to 
support an additional 3,000 Border Patrol Agents, $13,000,000 
for additional Border Patrol vehicles, and $75,000,000, 50 
percent above the request, to expand the detention 
transportation contract. The Committees on Appropriations agree 
U.S. Customs and Border Protection (CBP) should support efforts 
to eliminate smuggler lookout posts along the Southwest Border, 
but they do not designate specific resources for this purpose, 
as proposed by the House.
    The Committees on Appropriations provide $1,221,341,000 for 
Management and Administration, reflecting a realignment of 
$10,048,000 in information technology costs to the Salaries and 
Expenses appropriation for U.S. Immigration and Customs 
Enforcement, a reduction of $10,000,000 for management 
efficiency, and the impact of fiscal year 2007 reprogramming 
actions.
    The Committees on Appropriations provide $2,279,247,000 for 
border security inspections and trade facilitation, including 
$1,854,235,000 for Inspections, Border Security Inspections, 
and Travel Facilitation at Ports of Entry. Within the latter 
category is also included an additional $13,000,000 for the 
competitive procurement of commercially available technology to 
support the Secure Freight Initiative and the proposed Global 
Trade Exchange, authorized by the 9/11 Act; $22,000,000 for an 
additional 200 CBP Officers to comply with Section 403 of the 
SAFE Port Act and $575,000 for eight additional positions for 
enhanced duty collection; $6,750,000 for 50 additional supply 
chain specialists for the Customs-Trade Partnership Against 
Terrorism (C-TPAT) program, as authorized by section 222 of the 
SAFE Port Act; $225,000,000 for the Western Hemisphere Travel 
Initiative (WHTI), of which $100,000 is to promote information 
and exchange on use of best practices and technology with 
friendly nations as authorized by section 879 of Public Law 
107-296; and $50,000,000 to enable CBP to implement section 535 
of this Division establishing Law Enforcement Officer status 
for new and currently serving CBP Officers beginning July 1, 
2008.
    Within Border Security Inspections and Trade Facilitation 
is included $40,000,000 for Model Ports of Entry and 200 
additional CBP Officers at the top 20 U.S. international 
airports pursuant to the 9/11 Act; $45,000,000 for a terrorism 
prevention system enhancement for passenger screening; and 
$36,000,000 for electronic travel authorization for the visa 
waiver program, including 24 additional program management 
positions.
    The Committees on Appropriations provide $226,740,000 for 
personnel compensation and benefits for the CBP Air and Marine 
programs, including $14,000,000 for 82 positions to support 
establishment of 11 new marine enforcement units.
    The following table specifies funding by budget program, 
project, and activity:

Headquarters, Management, and Administration:
Management and Administration, Border Security 
    Inspections and Trade Facilitation..................    $619,325,000
Management and Administration, Border Security and 
    Control between Ports of Entry......................     602,016,000
                    --------------------------------------------------------
                    ____________________________________________________
    Subtotal, Headquarters Management and Administration   1,221,341,000
Border Security Inspections and Trade Facilitation: 
    Inspections, Trade, and Travel Facilitation at Ports 
    of Entry............................................   1,854,235,000
Container Security Initiative...........................     156,130,000
Harbor Maintenance Fee Collection (Trust Fund)..........       3,093,000
Other international programs............................      10,866,000
Customs Trade Partnership Against Terrorism (C-TPAT)....      62,310,000
Free and Secure Trade (FAST)/NEXUS/SENTRI...............      11,243,000
Inspection and Detection Technology Investments.........     105,027,000
Automated Targeting Systems.............................      27,580,000
National Targeting Center...............................      23,950,000
Training................................................      24,813,000
                    --------------------------------------------------------
                    ____________________________________________________
    Subtotal, Border Security Inspections and Trade 
      Facilitation......................................   2,279,247,000
Border Security and Control between Ports of Entry: 
    Border Security and Control.........................   3,022,443,000
Training................................................      52,789,000
                    --------------------------------------------------------
                    ____________________________________________________
    Subtotal, Border Security and Control between POEs..   3,075,232,000
Air and Marine Personnel Compensation and Benefits......     226,740,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total, Salaries and Expenses........................   6,802,560,000

                         Workload and Staffing

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

                  Western Hemisphere Travel Initiative

    The bill amends section 7209(b)(1) of the Intelligence 
Reform Act, setting a date for WHTI implementation at all ports 
of entry of either June 1, 2009, or when the Secretary and 
Secretary of State have certified compliance with Section B of 
that Act, whichever is later.
    The Committees on Appropriations provide $225,000,000 for 
WHTI; of which $202,816,000 is available for two years for 
software development, equipment, contract services, and 
implementation of inbound lanes and modification to vehicle 
primary lanes. Of these funds, $75,000,000 will be unavailable 
for obligation until the Committees on Appropriations receive a 
report, not less than 120 days after enactment of this Act, on 
preliminary results of federal and State pilot programs to 
implement WHTI procedures at ports of entry. The report should 
include: (1) infrastructure and staffing required, with 
associated costs, by port of entry; (2) updated timetable 
milestones; (3) information on how requirements of Section 
7209(b)(1)(B) of the Intelligence Reform Act, as amended, have 
been satisfied; (4) confirmation that a vicinity-read radio 
frequency identification card has been adequately tested to 
ensure operational success; and (5) a description of steps 
taken to ensure the integrity of privacy safeguards.

                          Model Ports of Entry

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

         Commercial Operations and Revenue Collection Positions

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

                  In-bond Cargo and Container Security

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

                 Automated Targeting System--Passengers

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

                        Northern Border Staffing

    The Committees on Appropriations strongly support the 
legislative requirements contained in the USA PATRIOT Act 
(Public Law 107-56), section 402 of the Trade Act of 2002 
(Public Law 107-210), and the Intelligence Reform Act regarding 
increasing the number of Border Patrol agents and CBP Officers 
on the Northern Border. The Committees on Appropriations note 
threat information continues to point to Northern Border 
vulnerabilities. As highlighted in House and Senate reports 
accompanying this bill, the Committees on Appropriations expect 
CBP to make every effort to achieve these targets and direct 
that CBP quarterly hiring briefings continue to include data on 
progress being made in this regard.

                        Fleet Vehicle Management

    The Committees on Appropriations note the receipt of the 
updated, five-year Vehicle Fleet Management Plan. The 
Committees on Appropriations expect future budget requests will 
reflect the needs identified in this plan, and direct CBP to 
inform the Committees on Appropriations of any deviations from 
the plan.

                      Immigration Advisory Program

    The Committees on Appropriations direct CBP to include a 
report on the operations and performance of its Immigration 
Advisory Program in its fiscal year 2009 budget submission, and 
to notify the Committees on Appropriations whenever it expands 
the program to a new international location.

           INTERPOL Lost and Stolen Travel Document Database

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

            Law Enforcement Officer Status for CBP Officers

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

    International Registered Traveler and Related Screening Programs

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

                   National Guard and Border Security

    The Committees on Appropriations recognize Public Law 110-
116 funds Operation Jump Start through June, 2008, thus 
obviating the requirement for a briefing as proposed by the 
Senate on National Guard reductions in force.

                       Border Tunnel Remediation

    The Committees on Appropriations direct the Department to: 
comply with language contained in Senate Report 110-84 
requiring the Department to brief Congress semiannually on 
border tunnel remediation; include the House Committees on 
Appropriations, the Judiciary, and Homeland Security among 
those to be briefed; and provide the first briefing within four 
months of enactment of this Act.

                Trafficking of Illicit Goods from Mexico

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

                        Anti-Dumping Enforcement

    The Committees on Appropriations have ensured that, within 
the amounts provided for in this account, there will be 
sufficient funds to administer the ongoing requirements of 
section 754 of the Tariff Act of 1930, also known as the 
Continued Dumping and Subsidy Offset Act (CDSOA) (19 U.S.C. 
1675c), referenced in subtitle F of title VII of the Deficit 
Reduction Act of 2005 (Public Law 109-171; 120 Stat. 154).
    The Committees on Appropriations direct CBP to continue to 
work with all relevant U.S. departments and agencies to 
increase duty collections, and to provide an annual report, 
within 30 days of each year's distributions under CDSOA, which 
summarizes CBP's efforts to collect past due amounts and 
increase current and future collections.
    The Committees on Appropriations direct CBP in these annual 
reports to break out the non-collected amounts for each of the 
fiscal years 2004, 2005, 2006, and 2007, by order, country, and 
claimant, along with a description of each of the specific 
reasons for the non-collection with respect to each order. 
Further, CBP is once again directed to provide the amounts of 
antidumping (AD) and countervailing duties (CVD) held by CBP in 
its Clearing Account for unliquidated entries as of October 1, 
2006 (and, now, as of October 1, 2007), segregated by case 
number and Department of Commerce period of review. In that 
same report, CBP should explain, with particularity, what other 
enforcement actions it is taking to collect unpaid duties owed 
the U.S. Government. CBP is also directed in these annual 
reports, beginning in 2008 and thereafter, to indicate which 
liquidated entries resulted in CDSOA vs. non-CDSOA 
distributions.
    The Committees on Appropriations also direct GAO to 
undertake a thorough investigation of the problem of non-
collection of AD/CVD by the U.S. Government. As described in 
Senate Report 110-84, GAO must report when the problem was 
first detected; determine the extent of non-collection of AD/
CVD duties, by year, since discovery of the problem (or at 
least the year 2001), and examine how recommendations advanced 
by either GAO or the U.S. Government would address the problem. 
The report should be submitted to the Committees on 
Appropriations by June 30, 2008.

                   Part-Time and Temporary Positions

    The Committees on Appropriations are aware CBP has ended 
the practice of funding part-time and temporary positions at 
international air and seaports, such as at Honolulu, Hawaii. 
Therefore the Committees on Appropriations negate the language 
on this issue contained in Senate Report 110-84.

                     CBP Industry Training Programs

    The Committees on Appropriations expect CBP Officers, 
Import Commodity Specialists and other professional staff to 
have the appropriate training, to include continuing active 
participation in cooperative efforts such as the joint Steel 
Industry Training Program, to administer U.S. customs laws. The 
Committees on Appropriations believe CBP personnel require a 
detailed knowledge of industry and technology to ensure that 
commodities cleared to enter U.S. commerce comply with U.S. law 
and adhere to import safety requirements with regard to 
manufactured products, including steel.

                            Invasive Species

    The Committees on Appropriations understand there are 
several invasive plant species that negatively affect the 
operations of the Border Patrol and support efforts of the 
Department to provide better tools to control these species. 
The Committees on Appropriations direct the Secretary to 
develop and submit a plan, consistent with the terms and 
conditions listed in section 538 of the Senate bill, which 
shall specifically address the following species: Arundo donax 
(Carrizo cane); Tamarix ramosissima (salt cedar); and Elaeagnus 
angustifolia (Russian olive). Funding to implement this plan 
should come from within this account, rather than the Border 
Security, Fencing, Infrastructure, and Technology (BSFIT) 
account, as proposed by the House.

         Food and Agricultural Import Training and Inspections

    The Committees on Appropriations are concerned CBP officers 
require the highest level of training to ensure the safety of 
the Nation's food supply, and direct the Commissioner to report 
to the Committees on Appropriations on the training CBP 
officers receive to effectively assist the Food and Drug 
Administration in monitoring our Nation's food supply.
    The Committees on Appropriations also note that not all 
ports of entry have equipment necessary for agriculture 
inspections, and direct CBP to brief the Committees on 
Appropriations on what equipment, such as microscopes, is 
available at each port; the age of existing equipment; and the 
timeline for procuring and deploying replacement or new 
equipment.

                   Crane-Mounted Detection Technology

    The Committees on Appropriations are aware of technology 
being developed for the detection of nuclear or radiological 
materials that can be attached to or integrated onto crane 
spreaders used to lift and move containerized cargo at sea 
ports. To explore the potential of this technology to be 
implemented rapidly, and assess its value as an efficient and 
real-time complement to radiation portal monitors, the 
Committees on Appropriations include $2,000,000 to permit CBP, 
in cooperation with relevant port authorities, to test 
competitively this technology in an operational seaport 
environment.

                        AUTOMATION MODERNIZATION

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

                         ACE Program Oversight

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

Treasury Enforcement Communications System (TECS) Modernization Program

    The Committees on Appropriations are aware of the 
importance of the TECS Modernization Program. TECS is a key 
border enforcement system for DHS and plays an essential role 
in the screening of travelers entering the U.S. Therefore, CBP 
is directed to submit the report on the TECS Modernization 
Program as requested in Senate Report 110-84 in lieu of the 
request for notification in House Report 110-181.

                         ACE Quarterly Reports

    The Committees on Appropriations concur with language in 
Senate Report 110-84 regarding late delivery of these reports, 
which contain factual, aggregate data on the progress being 
made with ACE, and direct the Department to deliver them to the 
Committees on Appropriations as expeditiously as possible.

        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

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

                      Border Security Requirements

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

                  Reporting on Major Task Order Awards

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

              Encouragement of Best Procurement Practices

    Within the total appropriated in the BSFIT account, up to 
$2,000,000 shall be used to reimburse the Defense Acquisition 
University for reviewing whether DHS is employing best 
procurement practices in implementing its Secure Border 
Initiative network (SBInet) and other contracts under BSFIT.

                        Northern Border Security

    The Committees on Appropriations direct the CBP SBI Program 
Office to brief the Committees on how the Department will use 
fiscal year 2008 and prior year funding for Northern Border 
security investments, and to provide a revised SBInet 
investment strategy that addresses the Northern Border. In 
addition, the Committees on Appropriations are aware of the 
climatic and topographical challenges associated with securing 
the Northern Border and encourage CBP to examine the testing 
and demonstration of advanced intrusion detection sensor 
networks conducted by the Department of Defense for use in such 
environments.

                               Project 28

    The Committees on Appropriations note CBP's conditional 
acceptance of the Project 28 prototype. However, the Committees 
remain concerned about the impact of a five month delay of this 
acceptance on the larger SBInet system and CBP's plan to secure 
the Southwest Border by 2011. The Committees recognize the 
strict oversight of the Project 28 contract by the CBP SBI 
Program Office, expect such accountability to be sustained, and 
thus direct CBP to continue to keep the Committees on 
Appropriations informed on the resolution of conditional items 
and how the findings from Project 28 will be applied towards 
the establishment of the SBInet baseline and the first 
iteration of a common operating picture for the Border Patrol.

                           Fencing Cost Study

    The Committees on Appropriations direct the Government 
Accountability Office to conduct a study examining the costs of 
constructing fencing along the southern border of the United 
States in accordance with section 560 of the Senate bill.

 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

    The amended bill provides $570,047,000 for Air and Marine 
Interdiction, Operations, Maintenance, and Procurement, instead 
of $477,287,000 as proposed by the House and $488,947,000 as 
proposed by the Senate, of which $94,000,000 is designated as 
emergency funding. This includes $353,614,000 for operations 
and maintenance, instead of $353,954,000 as proposed by the 
House and $365,614,000 as proposed by the Senate, to reflect a 
downward adjustment of $5,000,000 due to a fiscal year 2007 
reprogramming of the Salaries and Expenses account, and 
inclusion of $4,120,000 for enhanced operations and support for 
existing unmanned aerial systems (UAS) and $540,000 for 11 
additional marine enforcement units. Within the total funding 
is $216,433,000 for procurement, including: $52,400,000 for 
planned helicopter procurement or upgrades; $10,600,000 for 
recurring costs for existing unmanned aerial systems; 
$6,700,000 for recurring sensor system costs; $4,600,000 to 
upgrade radars and sensors; $12,000,000 for equipment and 
facilities for 11 new marine enforcement units; and $82,000,000 
for new and replacement aircraft for CBP Air and Marine border 
security missions. Given the enhanced funding for this account 
above the House and Senate levels, the Committees on 
Appropriations direct CBP to submit a revised air and marine 
expenditure plan, with reference to the strategic 
recapitalization plan, not later than 90 days after enactment 
of this Act. The Committees on Appropriations also direct the 
Commissioner to certify any proposed use of these funds for new 
UAS procurement as reflecting the priorities of the CBP Air and 
Marine Recapitalization and Modernization Plan and the most 
cost effective use of such funding.
    [Clerk's note: Due to a clerical error, 7\1/2\ paragraphs 
of text (and the accompanying heads) were inadvertently omitted 
from the Explanatory Statement as printed in the December 17 
Congressional Record, although this material was correctly 
included in the Statement as posted on the House Rules 
Committee website. The material omitted from the Record is 
included in this print. It begins with the heading immediately 
below, ``Northern Border Air Branches'' and continues through 
the phrase `` `Automation Modernization' '' in the third 
sentence under the heading ``U.S. Immigration and Customs 
Enforcement_salaries and expenses''.]

                      Northern Border Air Branches

    The Committees on Appropriations direct CBP to brief the 
Committees on Appropriations on the performance of the Northern 
Border Air Branches and the schedule for their completion.

                       Multi-Role Patrol Aircraft

    The Committees on Appropriations are concerned with the 
shortfall of CBP multi-role patrol aircraft (MPA) resources, 
exacerbated by the recent decision of a key contractor to stop 
MPA production and the need to sustain an aging P-3 fleet. CBP 
is directed to brief the Committees on Appropriations on: steps 
it is taking to mitigate MPA capability gaps; options for MPA 
procurement; long-term options for the P-3 fleet; and how CBP 
is working with the DHS investment review board and the Coast 
Guard to identify joint mission requirements and acquisition 
strategies to address the Department's mid- and long-range 
maritime surveillance missions. The Committees on 
Appropriations expect CBP to explain any revisions to its air 
strategic plan due to changes in the MPA cost and procurement 
schedule at this briefing and in its fiscal year 2009 budget 
justification.

                        Unmanned Aerial Systems

    The Committees on Appropriations provide $14,720,000 for 
the operation and maintenance of Unmanned Aerial Systems (UAS). 
The Committees on Appropriations support implementation of UAS 
through the CBP Air and Marine recapitalization and 
modernization program, but remain concerned that DHS should 
develop a UAS concept of operations for civil airspace as well 
as the maritime domain. Furthermore, the Committees on 
Appropriations believe DHS must weigh UAS' potential to 
significantly enhance DHS intelligence, surveillance, and 
reconnaissance capabilities against investments in proven, 
manned aviation assets.
    The Committees on Appropriations direct CBP and DHS to 
brief the Committees on Appropriations on how CBP's UAS mission 
is coordinated with other Department and other U.S. government 
UAS programs, including: details on inter-agency and 
interdepartmental efforts to establish a concept of operations 
in civil airspace; joint mission requirements for maritime 
applications; and coordinated acquisition strategies. In 
addition, the Committees on Appropriations direct CBP to work 
with the Federal Aviation Administration (FAA), as directed in 
House Report 110-181, to test the safety of UAS devices to 
determine the risk of mid-air collisions with manned aircraft 
and evaluate the appropriateness of an FAA exemption for small 
scale UAS technology.

                 Wireless Access Surveillance Platform

    The Committees on Appropriations are aware that municipal 
and other general aviation airports often lack technology or 
staffing to track aircraft that land and arrive there, leaving 
a vulnerability to smuggling or illegal transit across the U.S. 
border. The Committees understand CBP Air and Marine is 
currently testing the Wireless Access Surveillance Platform 
(WASP) to close the gap in existing radar and other 
surveillance assets at unmanned and untowered airports, to 
enable them to focus on flights of interest. One critical 
benefit would be to permit CBP to better distinguish between 
legal domestic traffic and concentrate on cross-border traffic. 
The Committees on Appropriations provide up to $6,000,000 to 
install the WASP system at at-risk border state airports.

                              CONSTRUCTION

    The amended bill provides $348,363,000 for Construction, 
instead of $249,663,000 as proposed by the House and 
$274,863,000 as proposed by the Senate, of which $61,000,000 is 
designated as emergency spending. This includes at least 
$100,000,000 solely for Border Patrol construction and 
$30,000,000 for repair and renovation of air and marine 
facilities, and $39,700,000 for construction activities under 
Phase IV of the Advanced Training Center Master Plan. The 
Committees on Appropriations do not reduce Headquarters 
Management, Salaries and Expenses by $5,000,000, nor do they 
agree to an unspecified reduction of$15,000,000 of this 
account, as recommended by the Senate. As the Committees on 
Appropriations include more funding than proposed in either the 
House or Senate bills, they direct CBP to submit a revised 
construction expenditure plan to the Committees on 
Appropriations not later than 90 days after enactment of this 
Act. The Committees on Appropriations direct that none of the 
funds provided under this heading shall be used for port of 
entry construction and encourage consideration of the air and 
marine facilities requirements of the Marfa sector for 
inclusion in this plan.

                      Port of Entry Modernization

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

               U. S. Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

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

Headquarters Management and Administration:
    Personnel Compensation and Benefits, Services, and 
      Other Costs.......................................    $168,887,000
    Headquarters-Managed IT Investments.................     146,654,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Headquarters Management and 
          Administration................................     315,541,000
                    ========================================================
                    ____________________________________________________
Legal Proceedings.......................................     208,350,000
Investigations:
    Domestic............................................   1,422,528,000
    International.......................................     107,551,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Investigations........................   1,530,079,000
                    ========================================================
                    ____________________________________________________
Intelligence............................................      52,146,000
Detention and Removal Operations:
    Custody Operations..................................   1,647,212,000
    Fugitive Operations.................................     218,945,000
    Criminal Alien Program..............................     178,829,000
    Alternatives to Detention...........................      53,889,000
    Transportation and Removal..........................     282,526,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Detention and Removal Operations......   2,381,401,000
                    ========================================================
                    ____________________________________________________
Comprehensive Identification and Removal of Criminal 
    Aliens..............................................     200,000,000
                    ========================================================
                    ____________________________________________________
        Total, Salaries and Expenses....................   4,687,517,000

                Identifying and Removing Criminal Aliens

    The Committees on Appropriations are concerned about ICE's 
ability to identify, track, and remove criminal aliens from the 
United States, and provide an additional $200,000,000 and a 
statutory requirement for ICE to develop a strategic plan to 
address the issue comprehensively. Once ICE has developed this 
plan, the Committees on Appropriations expect DHS to pursue 
aggressive efforts and make measurable progress expanding its 
identification of incarcerated aliens, whether by direct 
contact with correctional facilities, through technological 
innovation, or by active survey and interview of prisoners. The 
Committees on Appropriations expect DHS to initiate efforts to 
remove all incarcerated aliens identified as deportable once 
their criminal sentences are complete. As part of the Fugitive 
Operations Program, the Committees on Appropriations also 
expect ICE to expand its efforts to apprehend and remove at-
large criminal aliens.
    The amended bill requires ICE to identify how the agency 
will manage its identification of the criminal alien 
population, including an explanation of the staffing and 
technology solutions it will apply. This plan shall be 
submitted within three months of enactment of this Act.
    From fiscal year 2002 to fiscal year 2006, ICE increased 
its deportation of non-criminal aliens by 118 percent (48,937 
to 107,107). By contrast, criminal alien deportations increased 
by only 26 percent over the same five years (70,530 to 88,830). 
The DHS Inspector General reported that more than 300,000 
illegal aliens will be admitted to prison in the coming year, 
many for serious crimes such as murder, rape, armed robbery, 
drug trafficking, assault, and vehicular manslaughter.
    The ICE Office of Detention and Removal estimates that of 
the total prison population in the United States, 605,000 are 
foreign-born, and that at least half of those individuals may 
be eligible for deportation. Yet even though these convicted 
criminals are held in Federal, State and local custody, ICE has 
not yet developed a comprehensive approach to identify 
incarcerated aliens, review the crimes of which they have been 
convicted, track the location of their incarceration, or 
monitor the time remaining prior to their release. Although ICE 
removed over 88,000 criminal aliens in 2006, the last full year 
for which statistics are available, it has no records to show 
how many more criminal aliens were paroled or discharged from 
prison without removal orders. ICE also does not know if the 
aliens it did remove were taken directly from penal custody or 
apprehended for some other reason after having disappeared into 
the general population. ICE must prioritize the removal of 
those who have demonstrated the willingness and ability to 
commit violent and harmful crimes. The Committees on 
Appropriations direct ICE to pursue a more comprehensive 
approach to identifying incarcerated aliens, processing them 
for removal if they are judged deportable, and ensuring they 
are not released back to society upon completion of their 
sentences.

                           Custody Operations

    The Committees on Appropriations provide $1,647,212,000 for 
Custody Operations instead of $1,450,977,000 as proposed by the 
House and $1,606,163,000 as proposed by the Senate. Additional 
funds are provided to increase detention capacity at ICE to a 
level sufficient to meet DHS mission needs. In addition, a 
related increase of $33,400,000 is provided for the 
Transportation and Removal program, to support the increased 
level of deportations associated with a higher detained 
population. When combined, this funding will support an 
annualized detained population of approximately 32,000.
    At the end of fiscal year 2007, ICE detained nearly 30,500 
undocumented aliens on a daily basis, pending return to their 
home countries. However, the President's budget proposed only 
enough funding to detain 28,450 such individuals in 2008. If 
the Committees on Appropriations were merely to fund the 
President's request for detention capacity, DHS would be at 
risk of ending the successful ``catch and return'' program, 
which the Administration frequently cites as a major reason for 
decreased illegal crossings along the Southwest border. The 
Committees on Appropriations direct the Department to ensure 
future ICE budget requests support the operationally-
appropriate level for detention capacity, and require ICE to 
provide weekly updates on the detained population throughout 
fiscal year 2008. To improve future management of the detained 
population, $1,500,000 is provided to establish a Detention and 
Removal Operations Office of Policy and Planning, as proposed 
by the Senate.

                            Gang Enforcement

    The Committees on Appropriations provide $20,400,000 for 
gang enforcement instead of $7,000,000 as proposed by the House 
and $15,200,000 as proposed by the Senate. Additional funding 
is provided to enhance the unique Federal role ICE plays in 
investigating and disrupting organized transnational criminal 
gangs.

                          Worksite Enforcement

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

                       Fugitive Operations Teams

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

                       Alternatives to Detention

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

                       Child and Family Detention

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

                Care and Custody of Unaccompanied Minors

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

                 Office of Professional Responsibility

    The Committees on Appropriations provide $48,778,000 for 
the Office of Professional Responsibility (OPR), instead of 
$50,778,000 as proposed by the House and $47,778,000 as 
proposed by the Senate. OPR is directed to use up to $1,000,000 
to carry out third-party detention standard compliance audits 
for contracted detention facilities, as proposed by the House.

                           Legal Proceedings

    The Committees on Appropriations provide $208,350,000 for 
Legal Proceedings, as proposed by the House and instead of 
$207,850,000 as proposed by the Senate. Additional funding is 
provided for the Human Rights Law Division, as detailed in the 
House report.

                       State and Local Assistance

    The Committees on Appropriations provide $78,474,000 for 
State and Local Assistance, as proposed by the Senate instead 
of $73,574,000 as proposed by the House. Of the total provided, 
$27,037,000 is for the Law Enforcement Support Center, 
$11,286,000 is for the Forensic Document Laboratory, and 
$39,684,000 is for the 287(g) program. Combined, these programs 
make up the recently established ICE Agreements of Cooperation 
in Communities to Enhance Safety and Security (ICE ACCESS) 
initiative, which is intended to improve and enhance ICE's 
interaction with State and local law enforcement agencies. 
Given recent growth in the 287(g) program, the Committees on 
Appropriations encourage ICE to closely monitor compliance with 
the agreements under which immigration authorities are 
delegated to 287(g) participants.

                             ICE Management

    The Committees on Appropriations recognize that ICE 
managers have worked diligently to improve the financial and 
operational health of the agency. However, additional training 
and support may be required to increase financial management 
skills and abilities. Therefore, the Committees on 
Appropriations include an additional $1,750,000 for 
implementation of a training program for new and mid-career 
finance, procurement, labor-relations and civil rights 
managers, as discussed in the Senate report.

      ICE Mutual Agreement between Government & Employers (IMAGE)

    The Committees on Appropriations provide $5,000,000 for the 
IMAGE program as proposed by both the House and the Senate. 
These funds will support 10 special agents, 10 forensic 
auditors, and nine investigative assistants. The IMAGE program 
is an ICE outreach and enforcement effort designed to minimize 
the likelihood of private sector employers hiring unauthorized 
workers, and should complement the E-Verify program 
administered by United States Citizenship and Immigration 
Services (USCIS). ICE and USCIS are directed to brief the 
Committees on Appropriations on the progress made implementing 
the IMAGE program, including how IMAGE program managers are 
avoiding duplication of the E-Verify system, the program's 
hiring strategy, and its performance milestones and 
achievements.

             Border Enforcement Security Task Forces (BEST)

    The Committees on Appropriations provide $10,700,000 for 
the BEST program, as proposed by the House, instead of 
$13,473,000 as proposed by the Senate. The Committees on 
Appropriations support direction contained in the House report 
regarding how the BEST program is coordinated with other 
border-related initiatives. ICE is directed to brief the 
Committees on Appropriations on how the BEST program is 
supporting an integrated border security operation at DHS as 
well as the new locations of proposed BEST operations.

                        Trade Transparency Unit

    The Committees on Appropriations provide $11,202,000 for 
the Trade Transparency Unit, as proposed by the Senate, instead 
of $13,202,000 as proposed by the House.

                       FEDERAL PROTECTIVE SERVICE

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

                        FPS Financial Management

    Since the creation of DHS, the Secretary of Homeland 
Security and the Director of the Office of Management and 
Budget have denied FPS sufficient staff and resources to carry 
out its critical facilities protection and law enforcement 
missions. The transfer of FPS from the General Services 
Administration (GSA) to DHS was marked by financial uncertainty 
and instability, and $139,000,000 in annual subsidy payments 
made by GSA to fund FPS operations were never appropriately 
accounted for under the new DHS structure. Rather than adjust 
the fee structure to account for this loss of subsidy payments, 
the budget proposes to reduce the size of the FPS police force 
without regard to the mission. DHS has further eroded the FPS 
operating budget by failing to adjust FPS fees to account for 
shared services, rent, and other costs that were never charged 
or budgeted for at GSA. In the 2008 budget, the Administration 
proposed transferring FPS Federal facility protection 
responsibilities to State and local police departments by 
abolishing the FPS police force, even though these local 
agencies do not have the resources to protect Federal 
buildings.
    ICE, the Department, and OMB have not appropriately planned 
for the protection of Federal facilities and workers, since 
none of these agencies has worked to develop a strategic plan 
that clearly defines the FPS role and aligns FPS mission 
requirements with adequate resources. Absent a rigorous review 
of FPS responsibilities, which should be based on the 
responsibilities assigned to FPS in law, Federal facilities and 
employees will continue to remain vulnerable to crime and other 
more severe threats. Since the creation of DHS, FPS has 
essentially been ignored, denied sufficient staff, and short-
changed the funding necessary to meet its critical facilities 
protection and law enforcement response missions. The 
Committees on Appropriations encourage the Administration to 
analyze the mission requirements of FPS in terms of the 
responsibilities assigned to FPS in law, as well as necessary 
levels of staffing and resources, so that the Congress is not 
required to dictate funding and staffing levels in annual 
appropriations bills. DHS and ICE are therefore directed to 
brief the Committees on Appropriations on the alignment of FPS 
mission requirements with the staffing and resources necessary 
to carry out FPS responsibilities.

                        AUTOMATION MODERNIZATION

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

                              CONSTRUCTION

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

                 Transportation security Administration


                           AVIATION SECURITY

                     (INCLUDING TRANSFER OF FUNDS)

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

Screener Workforce:
    Privatized screening................................    $143,385,000
    Passenger and baggage screeners, personnel, 
      compensation and benefits.........................   2,636,104,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, screener workforce................   2,779,489,000
    Screening training and other........................     223,766,000
    Human resource services.............................     182,234,000
EDS/ETD Systems:
    EDS procurement and installation....................     294,000,000
    Screening technology maintenance and utilities......     264,000,000
    Operation integration...............................      25,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, EDS/ETD systems...................     583,000,000
            Total, screening operations.................   3,768,489,000
                    ========================================================
                    ____________________________________________________
    Aviation Security Direction and Enforcement.........
    Aviation, regulation and other enforcement..........     255,953,000
    Airport management, information technology and 
      support...........................................     651,933,000
    Federal flight deck officer and flight crew training      25,091,000
    Air cargo...........................................      73,000,000
    Perimeter security..................................       4,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, aviation security direction and 
              enforcement...............................   1,009,977,000
                    ========================================================
                    ____________________________________________________
    Implementing Requirements of the 9/11 Act...........      30,000,000
Discretionary Fees:
    General aviation at DCA.............................          25,000
    Indirect air cargo..................................         200,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, discretionary fees................         225,000
                    ========================================================
                    ____________________________________________________
            Total, Aviation Security....................  $4,808,691,000

               Implementing Requirements of the 9/11 Act

    The Committees on Appropriations include $694,500,000 
within the total appropriation provided to TSA for activities 
and requirements authorized in the 9/11 Act, including: 
$544,000,000 for the procurement and installation of explosives 
detection systems at airports; $73,000,000 for air cargo 
security; $20,000,000 to expand Visible Intermodal Protection 
and Response Teams; $10,000,000 to increase the number of 
explosives detection canine teams; $14,000,000 for general 
aviation vulnerability assessments and other activities; 
$3,500,000 to test technologies to expedite the recovery, 
development, and analysis of information from aircraft 
accidents; and $30,000,000 to implement regulations and other 
new activities authorized by the 9/11 Act. TSA shall use the 
$30,000,000 to: conduct vulnerability assessments of high risk 
public transportation agencies, railroads, and over-the-road 
bus operators; security training programs for public 
transportation, over-the-road bus operators, and railroad 
employees; develop a railroad transportation security risk 
assessment and national strategy; develop regulations for name-
based immigration status checks on public transportation and 
railroad employees; conduct security reviews of foreign repair 
stations within six months of the issuance of final 
regulations; pilot different technologies at airport exit 
lanes; develop procedures and initial implementation of a law 
enforcement officer biometric credential; improve security at 
general aviation airports; and procure blast resistant 
containers. TSA is directed to report to the Committees on 
Appropriations 90 days after the date of enactment of this Act 
on the proposed allocation of these funds at the account and 
PPA level.

                     Privatized Screening Airports

    The Committees on Appropriations provide $143,385,000 for 
privatized screening airports as proposed by the Senate instead 
of $147,190,000 as proposed by the House. TSA is directed to 
notify the Committees on Appropriations if TSA expects to spend 
less than the appropriated amount due to situations where no 
additional airports express interest in converting, either 
fully or partially, to privatized screening, or where airports 
currently using privatized screening convert to using federal 
screeners. TSA shall adjust its program, project, and activity 
(PPA) line items, and notify the Committees on Appropriations 
within ten days, to account for any changes in private 
screening contracts and screener personnel, compensation and 
benefits to reflect the award of contracts under the screening 
partnership program, or the movement from privatized screening 
into federal screening.

  Passenger and Baggage Screener Personnel, Compensation, and Benefits

    The Committees on Appropriations provide $2,636,104,000 for 
passenger and baggage screener personnel, compensation, and 
benefits instead of $2,589,304,000 as proposed by the House and 
$2,601,404,000 as proposed by the Senate. This funding level 
includes $36,700,000 requested in the budget amendment for 
additional behavior detection officers and back-of-the-airport 
screening activities. Funding for behavior detection officers 
has not been reduced, as proposed by the House, because TSA no 
longer is behind in hiring these positions. Also included is 
$45,000,000 for the new travel document checker program as 
proposed by both the House and the Senate.
    TSA shall brief the Committees on Appropriations on the 
detailed function of each of the three new transportation 
screening officers' specialized employee categories (travel 
document checkers, behavior detection officers, and bomb 
appraisal officers). This briefing shall include the on-board 
full-time equivalent (FTEs) for each category in fiscal year 
2008; the hiring plan to fill the new positions provided in 
fiscal year 2008 and planned for fiscal year 2009; the 
associated personnel, compensation, and benefits; equipment 
costs; other indirect costs; key milestones; expected benefits; 
a deployment schedule; training requirements, to include 
Federal, privacy, and civil rights and liberties standards; and 
measures that will be used to evaluate the success of these 
three specialized personnel categories. TSA shall also brief 
the Committees on Appropriations on the integration of the 
travel document checker program with the US-VISIT air exit 
solution.

                       Airport Employee Screening

    Within the total funding for passenger and baggage screener 
personnel, compensation, and benefits, the Committees on 
Appropriations provide $15,000,000 as proposed by the Senate 
instead of $5,000,000 as proposed by the House to pilot various 
methods to screen airport employees at a total of seven 
airports. Specifically, TSA shall screen all airport employees 
at three airports for no less than 90 days. Screening shall be 
done at either the airport perimeter or the passenger 
checkpoints. In addition, TSA shall undertake other screening 
methods to enhance airport employee screening at up to four 
additional airports. These methods could include physical 
inspections, behavioral recognition, biometric access controls, 
and cameras and body imaging. TSA shall consult with the 
airports before identifying which airports will participate in 
the pilots. As part of this effort, TSA shall collect data on 
the benefits, costs, and impacts of 100-percent airport 
employee screening as well as on the other methods utilized.
    TSA shall report to the Committees on Appropriations on: 
(1) the results of these pilots, including the average wait 
times at screening checkpoints for passengers and employees; 
(2) the estimated cost of the infrastructure and personnel 
necessary to implement a screening program for airport workers 
at all U.S. commercial service airports in order to meet a 10-
minute standard for processing passengers and workers through 
screening checkpoints; (3) the ways in which the current 
methods for screening airport employees could be strengthened; 
and (4) the impact of screening airport workers on other 
security-related duties at airports. TSA shall notify the 
Committees on Appropriations within 120 days after the date of 
enactment of this Act on how it will utilize this funding and 
identify the airports that shall be participating in the 
pilots. TSA shall provide an interim briefing to the Committees 
on Appropriations on progress and results of these pilots not 
later than September 1, 2008. If a legislative proposal to 
screen 100-percent of airport employees is enacted, TSA may use 
these funds to comply with those requirements.

                               Wait Times

    TSA shall submit airport wait time data on a quarterly 
basis for domestic airports with above average wait times and 
for the top 40 busiest airports. As part of these quarterly 
reports, TSA shall explain any dramatic shift in wait times.

                      Screening Training and Other

    The Committees on Appropriations provide $223,766,000 for 
screening training and other instead of $200,466,000 as 
proposed by the House and the Senate. This funding level 
includes $23,400,000 requested in the budget amendment 
submitted on November 6, 2007, for the associated recruiting, 
hiring, training and outfitting costs related to additional 
screeners to address increased threats.

                           Checkpoint Support

    Mandatory funding of $250,000,000 has been provided for 
checkpoint support as required by the 9/11 Act. Both the House 
and Senate proposed discretionary funding for these activities 
in their versions of the bill. The Committees on Appropriations 
expect funding to be used to support a number of emerging 
technologies to screen airline passengers and carry-on baggage 
for explosives, weapons, and other threat objects by the most 
advanced equipment currently under development. Bill language 
is included clarifying that activities funded last year 
continue to be funded in fiscal year 2008.

                      Explosive Detection Systems

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

             Screening Technology Maintenance and Utilities

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

               Aviation Regulation and Other Enforcement

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

                               Air Cargo

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

                           Perimeter Security

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

            Flight Deck Recorders and Remote Sensing Devices

    Within the $651,933,000 provided for airport management, 
information technology, and support, the Committees on 
Appropriations provide $3,500,000 to implement section 
1610(2)(b) of the 9/11 Act. This funding shall be used to test 
technologies to expedite the recovery, development, and 
analysis of information from aircraft accidents to determine 
the cause of the accident, including deployable flight deck and 
and voice recorders, and remote location recording devices. TSA 
shall work with the Federal Aviation Administration on these 
efforts.

                        Foreign Repair Stations

    TSA shall work aggressively with the Federal Aviation 
Administration to complete final regulations to audit certified 
repair stations in foreign countries as required by the 9/11 
Act and brief the Committees on Appropriations periodically on 
its efforts to do so.

                            Butane Lighters

    In accordance with authority provided in section 530 of 
P.L. 109-295, TSA suspended enforcement of the prohibition on 
butane and other types of lighters onboard aircraft. Pursuant 
to that authority, the Assistant Secretary certified that 
butane and other types of lighters pose a significantly lower 
security threat based on intelligence driven threat 
assessments. Not later than five months after enactment of this 
Act, TSA is directed to report on anticipated security benefits 
and vulnerabilities associated with the decision to suspend 
enforcement of the prohibition on butane lighters onboard 
aircraft, including supporting analysis justifying the 
conclusions reached. The Comptroller General is directed to 
report on its assessment of TSA's report not later than 180 
days after the report is submitted.

           Voluntary Provision of Emergency Services Program

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

                    SURFACE TRANSPORTATION SECURITY

    The amended bill provides $46,613,000 for Surface 
Transportation Security instead of $41,413,000 as proposed by 
the House and the Senate. Within this total, $24,485,000 is for 
surface transportation staffing and operations and $22,128,000 
is for rail security inspectors and canines. This funding level 
reflects the budget amendment submitted on November 6, 2007, of 
$5,200,000 to hire new surface transportation inspectors for 
use in the Visible Intermodal Protection and Response teams.

           TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

    The amended bill provides a direct appropriation of 
$82,590,000 for Transportation Threat Assessment and 
Credentialing instead of $64,490,000 as proposed by the House 
and $67,490,000 as proposed by the Senate. In addition, the 
Committees on Appropriations anticipate TSA will collect 
$82,601,000 in fees. Funding is provided as follows:

Direct Appropriation:
    Secure flight.......................................     $50,000,000
    Crew vetting........................................      14,990,000
    Screening administration and operations.............       9,500,000
    Transportation worker identification credential.....       8,100,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, direct appropriations.............      82,590,000
                    ========================================================
                    ____________________________________________________
    Fee Collections: Registered traveler................      35,101,000
    Transportation worker identification credential.....      26,500,000
    Hazardous materials.................................      19,000,000
    Alien flight school (transfer from DOJ).............       2,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, fee collections...................     $82,601,000

                             Secure Flight

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

                Screening Administration and Operations

    The Committees on Appropriations provide $9,500,000 for 
screening administration and operations as proposed by both the 
House and the Senate. No funds appropriated for screening 
administration and operations may be used for the Secure Flight 
program or for the Transportation Worker Identification 
Credential (TWIC) program beyond the amounts specifically 
appropriated for these programs unless TSA submits a 
reprogramming or transfer request. In the past, TSA has used 
the screening administration and operations account to 
supplement these programs' direct appropriations.

            Transportation Worker Identification Credential

    The Committees on Appropriations provide a direct 
appropriation of $8,100,000 for the transportation worker 
identification credential instead of $15,000,000 as proposed by 
the Senate. No funding was proposed by the House. This funding 
shall be allocated as follows: $6,100,000 to fund the local 
cost share of the five card reader pilots and $2,000,000 for 
program evaluation of these pilots. While the Committees on 
Appropriations are pleased that the five pilots are proceeding, 
they disagree that the ports must contribute a 25-percent local 
match. Since this is a pilot program, which may not have direct 
benefit to the ports, funding has been included to pay the 
local cost share of this program.
    TSA is urged to ensure that the Coast Guard and terminal 
operators work closely with local port police and other law 
enforcement agencies to develop the operational procedures that 
will ensure effective implementation of the TWIC program. Also, 
TSA is directed to work with the appropriate officials of 
Florida and other port authorities to resolve differences 
between TWIC and existing State transportation facility access 
control programs.

                          Registered Traveler

    In lieu of report language proposed by the House, the 
Committees on Appropriations include new bill language 
permitting approved members of Registered Traveler (RT) 
programs to satisfy the required identity verification 
procedures at security screening checkpoints by presenting a 
biometrically-secure RT card in lieu of the government-issued 
photo identification document required of non-RT participants. 
The Committees on Appropriations are aware that the industry 
consortium representing registered traveler providers has 
submitted a proposal to TSA that would update the common RT 
standard, which may address this issue. However, because TSA 
has not determined whether or not to adopt this updated 
standard, this language is necessary.

                    TRANSPORTATION SECURITY SUPPORT

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

Headquarters administration.............................    $293,191,000
Information technology..................................     209,324,000
Intelligence............................................      21,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, transportation security support...    $523,515,000

                            Expenditure Plan

    The amended bill includes language requiring TSA to submit 
a detailed expenditure plan to the Committees on Appropriations 
for checkpoint support and explosive detection systems 
procurement, refurbishment, and installation on an airport-by-
airport basis for fiscal year 2008. This report is due no later 
than 60 days after enactment of this Act. In addition, the 
Secretary is directed to submit a final strategic plan for 
checkpoint technologies as described in the joint explanatory 
statement of managers accompanying Public Law 109-295. To date, 
the Committees on Appropriations have only received an interim 
plan. The amended bill withholds $10,000,000 from obligation 
until the detailed expenditure plans, described above, and the 
final strategic plan for checkpoint technologies are received.

                              Red Teaming

    Red teaming exercises help identify vulnerabilities to our 
critical transportation systems. TSA is directed to be more 
proactive in this area in fiscal year 2008, but also to ensure 
that those facilities being visited are not aware of the red 
teaming exercises beforehand. Recent testimonies and emails 
have made it clear that on occasion, certain facilities were 
notified of upcoming red teaming activities and what to look 
for before the teams arrived, resulting in inaccurate results. 
This advance notification cannot occur in the future. For a red 
team to operate successfully, its members must not be 
recognized.
    The Committees on Appropriations provide a total of 
$6,260,000 for red teaming exercises within the appropriation 
for Headquarters Administration, which is nearly a 50-percent 
increase to this program. This funding level will enable red 
teaming activities to identify potential vulnerabilities and 
weaknesses in airports and air cargo facilities, as well as in 
transit, rail, and ferry systems. TSA shall brief the 
Committees on Appropriations biannually on these activities, as 
discussed in the House report.

                        Senior Career Employees

    TSA has had frequent and sustained turnover within its 
senior employees. TSA is encouraged to build a stable, senior 
career workforce so that when a change in administration 
occurs, the agency can continue operating without a diminution 
in transportation security oversight. As such, TSA shall brief 
the Committees on Appropriations on its plans and efforts to 
retain senior career employees. In addition, GAO is directed to 
report on the history of senior executive service-level career 
turnover since the formation of TSA.

            Performance Accountability and Standards System

    TSA is directed to submit a report to the Committees on 
Appropriations; the Senate Committee on Homeland Security and 
Governmental Affairs; the House Committee on Homeland Security; 
the Senate Committee on Commerce, Science, and Transportation; 
and the House Committee on Transportation and Infrastructure on 
the implementation of the Performance Accountability and 
Standards System. The report shall include (1) the number of 
employees who achieved each level of performance; (2) a 
comparison between managers and non-managers relating to 
performance and pay increases; (3) the type and amount of all 
pay increases that have taken effect for each level of 
performance; and (4) the attrition of employees covered by the 
Performance Accountability and Standards System.

                          FEDERAL AIR MARSHALS

    The amended bill provides $769,500,000 for the Federal Air 
Marshals (FAMs) instead of $722,000,000 as proposed by the 
House and the Senate. This recommendation includes $47,500,000 
requested in the budget amendment submitted on November 6, 
2007, to increase staffing, to sustain current international 
flight coverage, and to restore coverage on targeted critical 
domestic flights. Within the total appropriation provided, 
$674,173,000 is for management and administration and 
$95,327,000 is for travel and training. TSA shall continue to 
provide quarterly reports on the mission coverage, staffing 
levels, and hiring rates as directed in previous appropriations 
Acts.

                            Force Multiplier

    The Committees on Appropriations remain supportive of the 
FAMs force multiplier efforts. TSA should brief the Committees 
on the status of this program, its estimated costs and 
benefits, the logistical and operational aspects of using this 
system, and a timeline to implement it, if the system proves to 
be cost effective.

                              Coast Guard


                           OPERATING EXPENSES

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

Military pay and allowance:
    Military pay and allowance..........................  $2,463,934,000
    Military health care................................     346,765,000
    Permanent change of station.........................     110,974,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, military pay and allowance........   2,921,673,000
                    ========================================================
                    ____________________________________________________
Civilian pay and benefits...............................     594,803,000
Training and recruiting:
    Training and education..............................      84,622,000
    Recruitment.........................................     100,982,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, training and recruiting...........     185,604,000
                    ========================================================
                    ____________________________________________________
Operating funds and unit level maintenance:
    Atlantic Command....................................     176,923,000
    Pacific Command.....................................     198,580,000
    1st District........................................      58,573,000
    5th District........................................      22,222,000
    7th District........................................      77,138,000
    8th District........................................      46,126,000
    9th District........................................      32,084,000
    11th District.......................................      17,437,000
    13th District.......................................      23,230,000
    14th District.......................................      19,401,000
    17th District.......................................      31,734,000
    Headquarters directorates...........................     269,303,000
    Headquarters managed units..........................     130,450,000
    Other activities....................................      31,680,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, operating funds and unit level 
              maintenance...............................   1,134,881,000
                    ========================================================
                    ____________________________________________________
Centrally managed accounts..............................     229,896,000
Intermediate and depot level maintenance:
    Aeronautical maintenance............................     295,950,000
    Electronic maintenance..............................     118,983,000
    Civil/ocean engineering and shore facilities 
      maintenance.......................................     171,317,000
    Vessel maintenance..................................     167,940,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, intermediate and depot level 
              maintenance...............................     754,190,000
                    ========================================================
                    ____________________________________________________
Port and maritime security enhancements.................      70,300,000
                    ========================================================
                    ____________________________________________________
            Total, operating expenses...................  $5,891,347,000

                        Port and Cargo Security

    The Committees on Appropriations provide $58,800,000 for 
port and cargo security, instead of $45,000,000 as proposed by 
the House and $30,000,000 as proposed by the Senate. Increasing 
port presence and security operations in critical ports is a 
vital component of DHS's overall maritime border security 
strategy and additional resources are provided for this 
purpose. Within the total provided: $2,000,000 is for Liquefied 
Natural Gas and dangerous cargo suitability assessments to 
ensure that such assessments pass peer-reviewed, scientific 
scrutiny; $2,000,000 is for spot check of Maritime 
Transportation Security Act (MTSA) regulated facilities; 
$29,400,000 is for an additional 238 boat crew members, 
boarding team members, and marine inspectors and 26 Defender 
Class small boats to enhance Coast Guard's ability to enforce 
security zones, protect critical infrastructure, and provide 
escorts and boarding of high interest vessels; $4,800,000 is 
for long range identification and tracking in order to provide 
additional information to validate a vessel's position and 
movement; $2,000,000 is for port security vulnerability 
assessments; $2,000,000 is for port security exercise and 
training programs, as required by Sections 113 and 114 of the 
SAFE Port Act; $1,900,000 is for the inclusion of salvage 
response plans in Area Maritime Transportation Security Plans, 
as required by Section 101 of the SAFE Port Act; $11,600,000 is 
to implement Section 108 of the SAFE Port Act including 
additional watch standers and intelligence officers; and 
$3,100,000 is to develop rulemakings and finalize regulations 
contained in the SAFE Port Act.

                 Intensive Maintenance for Patrol Boats

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

                        Training and Recruiting

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

                               Personnel

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

                        Operations System Center

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

                Long Range Aids to Navigation (LORAN)-C

    The budget request proposed terminating the LORAN-C 
program. This decision was made before the National Space Based 
Position Navigation and Timing Executive Committee recommended 
the administration pursue ELORAN as a national positioning, 
navigation and timing backup. Furthermore, a coordinated 
Executive Branch policy on the future of the LORAN-C system is 
still being considered. In recent correspondence to the 
Committees on Appropriations, the Coast Guard indicated that a 
full analysis of the LORAN-C system will not be completed until 
March 1, 2008. Therefore, the Committees on Appropriations deny 
the request to terminate the LORAN-C program and assume its 
continuation in fiscal year 2008.

                             Responsiveness

    The Coast Guard Chief of Staff is directed to brief the 
Committees on Appropriations within one month from the date of 
enactment of this Act detailing measures that will be 
implemented to correct Coast Guard delays in responding to 
Committee questions as discussed in the House report.

                   Multi-crewing Performance Metrics

    The Coast Guard is directed to provide quarterly briefings 
to the Committees on Appropriations on the performance of its 
assets that are multi-crewed as detailed in the House report.

                                  A-76

    The Committees on Appropriations are concerned that Coast 
Guard has decided to contract out the administration of its 
``competitive sourcing'' program and OMB Circular A-76 program 
to a private sector firm. Coast Guard is directed to brief the 
Committees on Appropriations on how many federal employees are 
dedicated to these programs, the responsibilities of the 
private sector firm, and the reason for the increase in A-76 
activity at Coast Guard.

                         Airborne Use of Force

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

                 Realignment and Transformation Orders

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

                  Base Realignment and Closure Impact

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

             Mission Hour Emphasis and Acquisition Reports

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

                   Coast Guard Academy Pier for Eagle

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

                National Interests in the Polar Regions

    The Committees on Appropriations are concerned about Coast 
Guard's ability to meet its polar operations mission 
requirements and provide the United States with the capability 
to support national interests in the polar regions. These 
mission requirements include, but are not limited to: global 
reach to the North and South poles; monitoring of U.S.-bound 
vessel traffic transiting international waterways in the far 
north; support of the International Ice Patrol; and support of 
other governmental and scientific organizations in pursuit of 
marine and atmospheric science activities in the polar regions. 
The Committees on Appropriations are specifically concerned 
whether Coast Guard's aging polar icebreaking fleet can meet 
current mission performance goals and whether this fleet and 
the service's small cadre of specialized polar operations 
personnel are capable of meeting projected mission performance 
goals in light of changing environmental conditions and 
increased activity in the polar regions. The National Academy 
of Sciences made several recommendations in this regard in 
September 2006, but the Administration has taken no action to 
implement those recommendations.
    Therefore, the Commandant is directed to submit a 
comprehensive polar operations report that fully assesses the 
Coast Guard's ability to meet current and projected polar 
mission requirements and includes an evaluation of how Coast 
Guard's current capabilities and resources must be adapted or 
enhanced to account for changing environmental conditions and 
increased activity in the polar regions. This report is to 
include an analysis of the need for any permanent, forward 
operating presence in the polar regions in order to meet 
mission requirements and an assessment of the Coast Guard's 
ability to meet the requirements of partner agencies operating 
in the polar regions, such as the National Science Foundation 
(NSF) and the Departments of Commerce and Defense, under 
current and projected environmental conditions. Finally, this 
report should include an appraisal of the sustainability of the 
current operations and maintenance cost sharing arrangement 
between the Coast Guard and NSF to support both current and 
projected polar icebreaker operations.

          Maritime Domain Awareness Capacity for Pacific Ocean

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

                ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

                            RESERVE TRAINING

    The amended bill provides $126,883,000 as proposed by the 
Senate and House.

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

                    (INCLUDING RESCISSIONS OF FUNDS)

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

Vessels:
    Response boat medium................................     $45,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, vessels...........................      45,000,000
                    ========================================================
                    ____________________________________________________
Other Equipment:
    Nationwide Automatic Identification System..........      12,000,000
    Rescue 21...........................................      80,300,000
    High frequency recapitalization.....................       2,500,000
    National Capital Region air defense.................      11,500,000
    Defense messaging system............................       5,000,000
    Maritime security response team-shoothouse..........       1,800,000
    Interagency Operational Centers.....................      60,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Other Equipment...................     173,100,000
                    ========================================================
                    ____________________________________________________
Shore Facilities and Aids to Navigation:
    Survey and design, shore operational & support 
      projects..........................................       1,337,000
    Rebuild Station Marquette...........................       6,000,000
    Rescue Swimmer Training Facility....................      13,300,000
    Construct duty boating, Station Washington..........       2,180,000
    Waterways aids to navigation........................       2,500,000
    Housing--Cordova, Alaska............................       7,380,000
    Rebuild station and waterfront at Base Galveston, 
      Phase I...........................................       5,200,000
    Sector Buffalo......................................       3,100,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Shore Facilities and Aids to 
              Navigation................................      40,997,000
                    ========================================================
                    ____________________________________________________
Personnel and Related Support:
    Direct personnel costs..............................      82,215,000
    AC&I core...........................................         505,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Personnel and Related Support.....      82,720,000
                    ========================================================
                    ____________________________________________________
Integrated Deepwater System:
    Aircraft:
        Maritime patrol aircraft........................     170,016,000
        HH-60 conversion projects.......................      57,300,000
        HC-130H conversion/sustainment projects.........      18,900,000
        HH-65 conversion project........................      50,800,000
        Armed helicopter equipment......................      24,600,000
        C-130J fleet introduction.......................       5,800,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Aircraft..........................     327,416,000
                    ========================================================
                    ____________________________________________________
    Surface Ships:
        National security cutter........................     165,700,000
        Patrol boats sustainment........................      40,500,000
        IDS small boats.................................       2,700,000
        Medium endurance cutter sustainment.............      34,500,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Surface Ships.....................     243,400,000
        C4ISR...........................................      89,630,000
        Technology obsolescence prevention..............         700,000
        Logistics.......................................      36,500,000
        System engineering and management...............      35,145,000
        Government program management...................      50,475,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Integrated Deepwater System.......     783,266,000
                    ========================================================
                    ____________________________________________________
Rescissions:
    UAV funding.........................................     -33,821,524
    OPC unobligated balances............................     -98,627,476
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, rescissions.......................    -132,449,000
                    ========================================================
                    ____________________________________________________
            Total, Acquisition, Construction and 
              Improvements..............................    $992,634,000

                    Acquisition Project Information

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

                          Response Boat-Medium

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

             Interagency Port Security Operational Centers

    The Committees on Appropriations provide $60,000,000 for 
interagency port security operational centers as proposed by 
the Senate instead of no funding proposed by the House. This 
funding is provided to implement section 108 of the SAFE Port 
Act. Within the total, up to $9,100,000 may be obligated for 
Command 21. Coast Guard is directed to submit an expenditure 
plan for interagency operational centers as detailed by the 
Senate. Further, the Commandant of the Coast Guard is directed 
to submit to the Committees on Appropriations a report on the 
implementation and use of interagency operational centers for 
port security under section 70107A of title 6, United States 
Code. The report should include: (1) a detailed description of 
the progress made in transitioning Project Seahawk in 
Charleston, South Carolina, from the Department of Justice to 
Coast Guard, including all projects and equipment associated 
with that project; (2) a detailed description of the actions 
being taken to assure the integrity of Project Seahawk and 
ensure there is no loss in cooperation between the agencies 
specified in section 70107A(b)(3) of title 46, United States 
Code; and (3) a detailed description and explanation of any 
changes in Project Seahawk as of the date of the report, 
including any changes in Federal, State, or local staffing of 
that project. This direction is in lieu of the Senate proposed 
general provision.

                               Rescue 21

    The Committees on Appropriations provide $80,300,000 for 
Rescue 21, instead of $80,800,000 as proposed by the House and 
the Senate. The Committees on Appropriations are concerned with 
recent information concerning outages experienced by the Rescue 
21 system, essentially rendering the system useless during 
those instances. Within the last year over 394 outages have 
been recorded by Coast Guard in seven locations. Included 
within this: Atlantic City reported three outages lasting more 
than 11 hours each; the Eastern Shore reported one outage 
lasting more than 12 hours and seven outages lasting more than 
two hours each; Mobile reported 12 outages ranging from 4.3 to 
14.9 hours; and St. Petersburg reported ten outages ranging 
from 4.1 to 14.8 hours. While outages undoubtedly occurred with 
the legacy rescue system, outages with this new system should 
be minimized and controlled as increased availability and 
reliability are the cornerstones of the Rescue 21 system. It is 
unclear if this outage problem has been addressed. Coast Guard 
must address this problem before new locations are added to the 
system. Coast Guard is directed to provide quarterly briefings 
on the status of this program, including plans to address 
outages.

                       Deepwater Expenditure Plan

    The amended bill requires Coast Guard to submit an 
expenditure plan for Deepwater that contains the following: 
lifecycle staffing and training needs; identification of 
procurement competition and procurement plans that do not rely 
on a single entity or contract and contain only limited 
indefinite delivery, indefinite quantity contracts; activities, 
milestones, yearly costs, and lifecycle costs of each major 
asset, including independent cost estimates; DHS Chief Human 
Capital Officer certification of sufficient human capital 
capabilities; identification of project balances by fiscal year 
and operational gaps for each asset; DHS Chief Procurement 
Officer (CPO) certification of investment management process 
compliance; DHS CPO certification of compliance with Federal 
acquisition rules and action taken to address areas of 
noncompliance; status of open IG and GAO recommendations; and 
identification of the use of the Defense Contract Auditing 
Agency. GAO is directed to continue oversight of the Deepwater 
program, with focus on review of the expenditure plan and 
assessment of the operational gaps identified by the Coast 
Guard and Coast Guard's plans to address these gaps. Coast 
Guard is directed to brief the Committees on Appropriations on 
the process it will use to resolve deviations from specified 
contract requirements and to promptly notify the Committees on 
Appropriations of specific procurement contract deviations.

                        Maritime Patrol Aircraft

    The Committees on Appropriations provide $170,016,000 for 
the maritime patrol aircraft as proposed by the Senate instead 
of the $100,000,000 as proposed by the House. Bill language is 
included providing that $70,000,000 of this amount may not be 
obligated until Coast Guard certifies that this aircraft has 
completed developmental testing and evaluation (DT&E). The 
Committees on Appropriations are concerned about the 
significant shortfall of maritime patrol aircraft (MPA) 
resource hours currently confronting Coast Guard. Coast Guard 
currently estimates that it will be nearly 50 percent below its 
MPA resource hour needs in 2008. This shortfall is the result 
of multiple factors, including the significant loss of legacy 
aircraft over the last 16 years, and is exacerbated by delays 
in DT&E and formal acceptance of the replacement MPA as 
integration problems with the mission pallet are solved. The 
failure to develop a cogent Unmanned Aerial Surveillance 
program is also threatening the long-term plan to mitigate this 
significant gap. Similar to the patrol boat mission hour 
shortfall, Coast Guard let this gap languish for several years 
before recognizing it as a substantial problem. Maritime 
intelligence and surveillance capabilities are critical for 
Coast Guard's effective execution of its maritime safety and 
security mission. Therefore, Coast Guard is directed to analyze 
short term stop-gap measures to address its MPA capability 
needs until its large-scale acquisitions are in full operation. 
Coast Guard should utilize outside experts to assist with this 
analysis and brief the Committees on Appropriations on the 
results of this analysis within six months from the date of 
enactment of this Act. Coast Guard is directed to continue to 
keep the Committees on Appropriations informed of the progress 
of the DT&E of the MPA and to provide updated details on cost 
and schedule resulting from the delayed acceptance of the MPA 
mission pallet.

              C-130J Missionization and Fleet Introduction

    The Committees on Appropriations provide $5,800,000 for 
fleet introduction of the C-130Js, as proposed by the House and 
the Senate. The requested funds were to continue missionization 
of six C-130J aircraft to include radars, sensors, 
identification systems, displays, antennas, and a mission 
operator's station. The Committees on Appropriations understand 
that the missionization project has experienced an increase in 
estimated cost that exceeds eight percent of the total 
contracted cost and Coast Guard has directed an independent 
audit of the project. Pending approval of a remediation plan to 
address the cost overrun, Coast Guard does not intend to expend 
funds missionizing C-130J four through six. Coast Guard is 
directed to brief the Committees on Appropriations no later 
than 45 days after enactment of this Act on the impact of 
missionization delays on full fleet introduction; remediation 
plans to address the cost overrun; and plans to address the gap 
in flight hours lost due to project delays.

                        National Security Cutter

    The Committees on Appropriations provide $165,700,000 for 
the National Security Cutter (NSC) as proposed by the Senate 
instead of $105,800,000 as proposed by the House. Since the 
House and Senate bills passed, Coast Guard revised its budget 
request to reflect changes in projected spending and need for 
additional funds for the first three NSCs. In August 2007, 
Coast Guard entered into a Consolidated Contract Action to 
resolve all outstanding cost overruns incurred by the 
contractor due to economic and customer changes that have 
occurred over the past four years. As a result, the Committees 
on Appropriations provide funding consistent with the revised 
request for Government Furnished Equipment, certifications and 
logistics for NSC #3 and #4, as well as long lead material for 
the fourth NSC.

                        Replacement Patrol Boat

    The replacement patrol boat procurement is critically 
needed given the significant gap in patrol boat hours and the 
delays of the Fast Response Cutter (FRC) program. Coast Guard 
is directed to provide bimonthly briefings to the Committees on 
Appropriations on the status of this procurement, including 
critical decision points and dates, planned service life 
extensions of existing 110-foot patrol boats, and patrol boat 
operational metrics.

                              Rescissions

    The amended bill rescinds $132,449,000 in unobligated 
balances for the Offshore Patrol Cutter and the Unmanned Aerial 
Vehicle. Both of these programs are in a state of pre-
acquisition and development. Funding has been provided in the 
Research, Development, Test, and Evaluation appropriation for 
Coast Guard to study the application of unmanned aerial 
systems.

                           Sector New Orleans

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

                         ALTERATION OF BRIDGES

    The amended bill provides $16,000,000 for Alteration of 
Bridges as proposed by the House and Senate. Within this total, 
funds shall be allocated as follows:

Burlington Northern Railroad Bridge in Burlington, Iowa.      $1,000,000
Canadian Pacific Railway Bridge in LaCrosse, Wisconsin..       3,500,000
Chelsea Street Bridge in Chelsea, Massachusetts.........       2,000,000
Elgin, Joliet, and Eastern Railway Company Bridge in 
    Morris, Illinois....................................       2,000,000
Fourteen Mile Bridge in Mobile, Alabama.................       3,750,000
Galveston Causeway Bridge in Galveston, Texas...........       3,750,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................     $16,000,000

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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

                              RETIRED PAY

    The amended bill provides $1,184,720,000 as proposed by 
both the House and the Senate.

                      United States Secret Service


                         SALARIES AND EXPENSES

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

Headquarters Management and Administration..............     175,934,000
Protection:
    Protection of Persons and Facilities................     693,535,000
    Protective Intelligence Activities..................      57,704,000
    National Special Security Event Fund................       1,000,000
    White House mail screening..........................      16,201,000
    Presidential candidate nominee protection...........      85,250,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Protection........................     853,690,000
                    ========================================================
                    ____________________________________________________
Investigations:
    Domestic field operations...........................     219,742,000
    International field office administration operations      27,520,000
    Electronic Crimes Special Agent Program and 
      Electronic Crimes Task Forces.....................      44,565,000
    Support for missing and exploited children..........       8,366,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal, Investigations....................     300,193,000
                    ========================================================
                    ____________________________________________________
Training:
Rowley Training Center..................................      51,954,000
                    ========================================================
                    ____________________________________________________
            Total, Salaries and Expenses................   1,381,771,000

                          Financial Management

    The Committees on Appropriations note the Secret Service 
has had difficulty managing its program budgets within 
appropriated program, project, and activity levels. The 
Congress appropriated independent protection and investigations 
budgets for the Secret Service in fiscal year 2007 to reinforce 
the importance of adequate financial controls. The Committees 
on Appropriations agree to return the Secret Service budget 
structure to a single ``Salaries and Expenses'' account as 
proposed by both the House and Senate, and do not include a 
more restrictive reprogramming threshold for the Secret 
Service, as proposed by the House. The Secret Service is 
directed to brief the Committees on Appropriations at least 
quarterly on its budget execution, specifically detailing any 
modifications to appropriated program, project and activity 
levels. Since fiscal year 2008 includes a significant portion 
of the workload associated with the Presidential campaign, it 
will be critical for the Secret Service to pay close attention 
to any variance in costs associated with candidate protection. 
The Secret Service is further directed to ensure the necessary 
financial controls are in place to comply with section 503 of 
this Act.

                    Secret Service Overtime Workload

    The Committees on Appropriations do not include a statutory 
provision proposed by the House limiting annual Secret Service 
overtime payments to no more than $35,000 for any individual 
employee, unless waived by the Secretary of Homeland Security. 
While other DHS law enforcement agencies are able to manage 
their overtime budgets within this threshold, the Secret 
Service contends that the specific demands of its missions, 
combined with antiquated personnel and payroll systems, 
preclude the agency from compliance with this requirement. The 
Secret Service is directed to brief the Committees on 
Appropriations before January 1, 2009 on the number of agency 
employees who exceed $35,000 in annual overtime payments during 
fiscal year 2008.

                    Non-Statutory Protective Details

    The Secret Service, as directed by the Executive Office of 
the President's Office of Administration, has disregarded a law 
signed by the President on October 4, 2006. That statute 
mandated that starting in fiscal year 2008, the Secret Service 
spend its budget to protect only the President, Vice President, 
Secretary of Homeland Security, and those authorized in 8 
U.S.C. 3056(a), and that the cost of protecting any other 
individuals be borne by the agency employing the protected 
individual. Nevertheless, the fiscal year 2008 budget request 
for the Secret Service included $3,100,000 to pay for the 
protection of those not authorized in 8 U.S.C. 3056(a). This 
disregard of the law is unacceptable.
    Subsequent to submission of the fiscal year 2008 budget, 
the Director of the Secret Service informed the Committees that 
this cost could be absorbed within the agency's base budget. As 
a result, the Committees on Appropriations deny the request for 
an additional $3,100,000 and direct the Secret Service either 
to recoup these costs through reimbursable agreements, or 
reduce budgets for other activities to offset the cost of 
protecting these individuals. The Secret Service is directed to 
provide the Committees on Appropriations a quarterly briefing 
at the appropriate level of classification about who it 
protects, at what cost, and why.

                      White House Mail Processing

    The Committees on Appropriations provide $16,201,000 for 
the cost of screening mail sent to the White House complex as 
proposed by the House and instead of $26,601,000 as proposed by 
the Senate. While additional funds had been requested for the 
purchase of new equipment for the White House mail screening 
facility currently under construction, that building project 
has been delayed and the Secret Service expressed doubt that 
these funds can be obligated during the coming fiscal year.
    The Secret Service is directed to explain to the Committees 
on Appropriations as part of its fiscal year 2009 budget 
justification the allocation of mail screening responsibilities 
and budgetary resources between the Secret Service and the 
Executive Office of the President, as detailed in the House 
report. The Committees on Appropriations are unsure why on-
going operating costs for White House mail screening should be 
borne by the Secret Service, since mail screening is a routine 
administrative cost associated with White House operations.

                            E Street Closure

    The Committees on Appropriations direct the Secret Service 
to submit a report, developed jointly with the relevant 
agencies and delivered concurrently with the fiscal year 2009 
budget, on the agency's plan for improving the security and 
aesthetic conditions of E Street, as detailed in the House 
report.

                         Helicopter Deployments

    The Secret Service is directed to provide a briefing to the 
Committees on Appropriations on Federal costs incurred by 
fiscal year since 1997 for all Secret Service-requested 
helicopter deployments, as detailed in the House report.

     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


              National Protection and Programs Directorate


                     MANAGEMENT AND ADMINISTRATION

    The amended bill provides $47,346,000 for Management and 
Administration instead of $40,346,000 as proposed by the House 
and $30,000,000 as proposed by the Senate. The Committees on 
Appropriations consolidate and provide $9,412,000 for 
Departmental risk management and analysis, as proposed by the 
House. This amount includes up to $1,000,000 for the National 
Academy of Sciences to review the Department's approach to 
measuring risk, as discussed in the House report. Of the total 
provided for Management and Administration, $5,000,000 of the 
appropriation is withheld from obligation until the Department 
provides an expenditure plan to the Committees on 
Appropriations.

                            Shared Services

    In the Statement of Managers accompanying the Department of 
Homeland Security Appropriations Act of 2007 (Public Law 109-
295), the conferees directed the Government Accountability 
Office (GAO) to review the use of ``shared services'' at the 
Preparedness directorate, which was the bureaucratic precursor 
to the National Protection and Programs directorate. GAO found 
that the Preparedness directorate used none of the legal 
authorities available to it to move resources between 
appropriations to fund its ``shared services'' initiatives. GAO 
concluded that the directorate's actions were not adequate to 
establish the valid intra-agency agreements necessary to 
fulfill Economy Act requirements for funds transfers, and that 
the directorate did not execute any of the official documents 
required by law. The GAO report points out the Department may 
be able to use the account adjustment statute to ``adjust 
expired fiscal year 2006 directorate appropriations to correct 
these errors. If any of the appropriations that funded the 
directorate do not have available unobligated balances to cover 
the adjustments, the directorate should report an 
Antideficiency Act violation.''
    The Committees on Appropriations direct the Department to 
respond to GAO's legal opinion, to balance the former 
Preparedness directorate's books, and, if it cannot do so using 
the account adjustment statute, report an Antideficiency Act 
violation.

           INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

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

Infrastructure Protection:
    Identification and Analysis.........................     $69,522,000
    Coordination and Information Sharing................      68,821,000
    Mitigation Programs.................................     134,253,000
Cyber Security..........................................     210,413,000
National Security/Emergency Preparedness 
    Telecommunications:
    Priority Telecommunications.........................      82,821,000
    Next Generation Networks............................      21,100,000
    Programs to Study and Enhance Telecommunications....      16,000,000
    Critical Infrastructure Protection..................      16,100,000
Office of Emergency Communications......................      35,700,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total, Infrastructure Protection and 
              Information Security......................     654,730,000

             National Infrastructure Protection Plan (NIPP)

    The Committees on Appropriations provide $31,702,000 for 
NIPP implementation, instead of $40,702,000 proposed by the 
House. The Committees on Appropriations provide $19,519,000 for 
related sector-specific agency management, instead of 
$21,519,000 proposed by the House. The Assistant Secretary for 
Infrastructure Protection is directed to provide the Committees 
on Appropriations with semi-annual briefings on progress 
implementing the NIPP, instead of quarterly briefings as 
directed in the House report.

             Critical Infrastructure Warning Network (CWIN)

    The Committees on Appropriations provide $8,896,000 for 
CWIN, instead of $12,896,000 proposed by the House.

                 Chemical Facility Security Regulations

    The Committees on Appropriations provide $50,000,000 for 
implementation of chemical facility security regulations by the 
Assistant Secretary of Infrastructure Protection, instead of 
$40,000,000 proposed by the Senate.

                  Secure Handling of Ammonium Nitrate

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

     National Infrastructure Simulation and Analysis Center (NISAC)

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

                           Bombing Prevention

    The Committees on Appropriations provide $10,043,000 for 
the Office for Bombing Prevention (OBP) as proposed by the 
Senate. These funds will allow the OBP to continue its critical 
work building awareness of the threat of improvised explosive 
devices.
    The Department has not provided the Committees on 
Appropriations the National Strategy for Bombing Prevention, as 
required by the Statement of Managers accompanying the 
Department of Homeland Security Appropriations Act of 2007 
(Public Law 109-295). The White House has subsequently released 
Homeland Security Presidential Directive 19 instructing the 
Departments of Homeland Security and Justice, along with other 
agencies, to develop the same. The Secretary of Homeland 
Security is directed to submit this strategy to the Committees 
on Appropriations as soon as possible, and if unable to do so 
by the deadline noted in this statement, to explain in writing 
the cause of the delay.

                       Infrastructure Monitoring

    The National Infrastructure Protection Plan identifies 
national monuments and icons as a vulnerable sector of the 
nation's infrastructure, since attacks against these treasures 
offer high symbolic value to those who would do our country 
harm. Unlike privately owned infrastructure, however, national 
monuments and icons belong to the entire citizenry, and 
therefore require Federal resources to ensure their protection. 
The Committees on Appropriations provide $2,000,000 for the 
City of Philadelphia's infrastructure monitoring program, which 
will help safeguard that community's historic sites.

             National Computer Forensics Training Institute

    The information requirement about establishment of the 
National Computer Forensics Training Institute, as directed by 
the House report, has been fulfilled.

                        Cyber Security Training

    The Committees on Appropriations are concerned State and 
local officials are not prepared to respond to attacks on cyber 
infrastructure. The National Cyber Security Division's (NCSD) 
``CyberStorm'' exercises highlight the modes and methods of 
cyber attacks, but there remains a need for more routine and 
practical cyber security training at the State and local level. 
The Center for Infrastructure Assurance and Security at the 
University of Texas at San Antonio has developed a structured 
approach to preparing State and local officials for possible 
cyber attacks. The ``Community Cyber Security Maturity Model'' 
(CCSMM) and training programs help increase the readiness of 
those who are likely to receive early notification of attacks 
on computer networks, control systems, or other cyber 
infrastructure. The Committees on Appropriations direct 
$4,000,000 for the further development, evaluation, and 
implementation of the CCSMM training curriculum and to deliver 
training to at least three States, selected on a competitive 
basis, to improve their cyber security response capabilities.

                        Next Generation Networks

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

      Interoperable Communications in the National Capital Region

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

                   Office of Emergency Communications

    The Committees on Appropriations provide $35,700,000 for 
the Office of Emergency Communications (OEC) instead of 
$45,700,000 as proposed by the House and $45,915,000 as 
proposed by the Senate. The Committees on Appropriations note 
that OEC has not obligated $12,000,000 in interoperability 
resources made available in the fiscal year 2007 emergency 
supplemental. The Committees on Appropriations recognize that 
one of the most important roles OEC may play is to provide 
technical assistance to State and local entities working toward 
emergency communications interoperability, and urge OEC to 
accelerate its efforts to help these entities achieve 
interoperability.

                      Integrated Wireless Network

    The Department is directed to report to the Committees on 
Appropriations on efforts at the Office of Emergency 
Communications to address shortcomings identified by the 
Department of Justice Office of Inspector General on the 
Integrated Wireless Network (IWN) project, as directed in the 
House report.

             National Strategy on Closed Circuit Television

    The Department is directed to provide the Committees on 
Appropriations a national strategy on closed circuit 
television, as proposed in the Senate bill.

                 Critical Infrastructure Vulnerability

    The Committees on Appropriations direct the Department to 
use no funds to limit implementation of Homeland Security 
Presidential Directive 7, as proposed by the House.

    United States Visitor and Immigrant Status Indicator Technology

    The amended bill provides $475,000,000 for United States 
Visitor and Immigrant Status Indicator Technology (US-VISIT), 
instead of $462,000,000 as proposed by the House and 
$362,000,000 as proposed by the Senate, and of which 
$275,000,000 is designated emergency funding. $13,000,000 above 
the request is included to expedite implementation of an air 
and sea exit solution. As in recent years, the Committees on 
Appropriations retain a requirement for an expenditure plan and 
provide that $125,000,000 shall not be available for obligation 
until the plan has been reviewed by the Government 
Accountability Office and approved by the Committees on 
Appropriations. The plan need not include submission of a new 
strategic plan, as proposed by the House; however, it shall 
include detailed information on implementation of biometric 
exit solutions and the management of identity services. The 
Department is also directed to continue to provide quarterly 
reports on US-VISIT implementation, to include coordination 
with the Western Hemisphere Travel Initiative, the Secure 
Border Initiative, and other DHS efforts related to border 
security and interdiction of terrorist travel.

                            Unique Identity

    The Committees on Appropriations strongly support efforts 
aimed at achieving real-time interoperability between the DHS 
Automated Biometric Identification System (IDENT) and the FBI's 
Integrated Automated Fingerprint Identification System (IAFIS), 
and completing the transition to a standard of capturing all 10 
fingerprints of visitors to the United States. This collective 
effort has been combined with the assignment to US-VISIT of the 
mission to manage an interagency database of biometric data 
from multiple sources now referred to as ``Unique Identity''. 
The Committees on Appropriations are concerned with the 
organizational alignment of US-VISIT to all DHS and other 
participating agencies, and especially US-VISIT's capacity to 
fulfill the mission requirements of the Unique Identity 
initiative. The program office is directed to continue 
providing joint quarterly briefings on all aspects of 
implementing Unique Identity.

                                  Exit

    The Committees on Appropriations are frustrated that, after 
years of pilot testing, no viable air, sea, or land exit 
capability has been integrated within the US-VISIT system. 
While the Committees on Appropriations are concerned about the 
prospects of the Department's implementation of a proposed air 
exit solution in coordination with the airlines by the end of 
2008, they are encouraged that the program appears to finally 
be getting much needed attention from senior Departmental 
management. Therefore, the Committees on Appropriations include 
$13,000,000 in additional funding to facilitate implementation 
of exit solutions for air and sea ports of entry by the end of 
2008. The Committees on Appropriations expect DHS to assess 
whether an exit solution for the land borders is feasible and, 
if so, detail the specific steps, funding, and schedule 
required to achieve one. If it is not achievable at this time, 
the Department is directed to explain its rationale and 
describe the value of a US-VISIT program that lacks such a 
solution.

                        Office of Health Affairs

    The amended bill provides $116,500,000 for Office of Health 
Affairs (OHA) instead of $117,933,000 as proposed by the House 
and $115,000,000 as proposed by the Senate. Of this amount, 
$24,317,000 is for salaries and expenses.
    The Committees on Appropriations provide up to $2,000,000 
for OHA to enter into a grant or contract with the National 
Academy of Sciences (NAS) to evaluate the effectiveness of 
BioWatch, including the reliability of monitoring data and the 
ability of hospitals and public health officials to respond 
based on information received from those systems. As part of 
the analysis, NAS should compare the benefits and costs of 
generation 2 BioWatch technology with generation 3 technology. 
NAS should also assess the cost and benefits of an enhanced 
national surveillance system that relies on U.S. hospitals and 
the U.S. public health system and compare the effectiveness of 
such a system with the current BioWatch approach. A final 
report should be completed before the end of fiscal year 2008 
and provided to the Committees on Appropriations.
    OHA is currently piloting the Automated Pathogen Detection 
System (APDS), a technology similar to other potential 
generation BioWatch systems. The Committees on Appropriations 
are concerned that OHA is not field testing and piloting 
similar technologies together and urge OHA to incorporate APDS 
into its Band system generation field testing and pilot 
program.
    OHA is not directed to evaluate possible health effects 
associated with the presence of formaldehyde gas in FEMA 
trailers and instead FEMA is directed to work with OHA on 
testing trailer air quality and developing policies for those 
people remaining in FEMA issued trailers.

                  Federal Emergency Management Agency


                     MANAGEMENT AND ADMINISTRATION

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

                           Budget Submission

    The Committees on Appropriations created one Management and 
Administration account for FEMA in the U.S. Troop Readiness, 
Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007, Public Law 110-28, in May 2007. The 
amended bill contains a new provision directing FEMA to submit 
its fiscal year 2009 budget request, including justification 
materials, by office. Each office and FEMA region shall provide 
(1) budget detail by object classification; (2) the number of 
full-time equivalents on board; (3) the number of full-time 
equivalent vacancies; and (4) the appropriation account(s) used 
to support the office and the programs managed by the office.

                    Strengthening Core Competencies

    The Committees on Appropriations provide $100,000,000 for 
FEMA to strengthen its core competencies as proposed by the 
House and Senate. FEMA is directed to brief the Committees on 
Appropriations no later than March 15, 2008 on progress in 
strengthening these core competencies. The briefing should 
include details on how this funding has and will be used to 
improve the agency's ability to prevent, prepare for, respond 
to, and mitigate disasters.

                Urban Search and Rescue Response System

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

             Office of National Capital Region Coordination

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

                        Office of Chief Counsel

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

                            Regional Offices

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

                         Disability Coordinator

    The Committees on Appropriations expect the Department to 
fully support the Office of the Disability Coordinator (ODC) as 
discussed in the Senate report. ODC is directed to work with 
disability organizations in emergency preparedness and response 
efforts to ensure the needs of the more than 54 million 
Americans with a physical, sensory, or cognitive disability are 
incorporated into disaster plans. ODC is further directed to 
build on longstanding programs, such as the Emergency 
Preparedness Initiative program, in order to serve as a 
resource for the nation on special needs.

                      Federal On-Scene Coordinator

    The Committees on Appropriations direct FEMA to provide a 
briefing on the toxic pollutant work of the Federal On-Scene 
Coordinator following Hurricane Katrina.

                   Federal Preparedness Coordinators

    The Committees on Appropriations do not prevent the hiring 
of Federal Preparedness Coordinators (FPCs) as proposed by the 
Senate. The role of FPCs has been clarified by FEMA, 
alleviating original concerns that the position was 
duplicative.

                         Emergency Alert System

    The Committees on Appropriations direct FEMA to provide a 
briefing on its plans to address GAO's recommendation on the 
shortcomings of the Emergency Alert System. The Committees on 
Appropriations are concerned adequate systems are not in place 
nationwide to provide information to the public prior to, 
during, and after disasters. In particular, a gap remains in 
the use of an integrated system combining the use of desktop 
applications, mobile devices, and the web to educate the 
public. Therefore, the Committees on Appropriations provide 
$1,000,000 to pilot technology that would facilitate the use of 
direct messaging to the public. FEMA should share lessons 
learned with other State and local governments.

                           Disaster Logistics

    The Committees on Appropriations provide $61,553,000 for 
disaster logistics as proposed by both the House and Senate. 
FEMA is directed to provide quarterly briefings on its progress 
to improve its logistics program. FEMA is encouraged to 
continue to preposition critical supplies needed during 
disaster response, including generators, blankets, water, and 
portable water purification systems near potential disaster 
areas.

                         Information Technology

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

            Document Management And Records Tracking System

    The Committees on Appropriations direct FEMA to fully fund, 
at no less than $6,000,000, based on competitive award, the 
completion of the Document Management And Records Tracking 
System.

                National Fire Incident Reporting System

    The Committees on Appropriations provide $1,000,000 for 
development of a web-based version of the National Fire 
Incident Reporting System. The Committees on Appropriations 
expect this investment to improve the timeliness and accuracy 
of data, and help Federal, State, and local governments 
identify nationwide trends in fire and emergency-related deaths 
and property loss. The United States Fire Administration should 
lead this initiative.

                 Integrating Preparedness and Response

    The Committees on Appropriations provide up to $1,000,000 
for FEMA to enter into a grant or contract with the National 
Academy of Public Administration to review the integration of 
preparedness and response programs, as proposed in the House 
report. This review should focus on organizational structure, 
hiring plans and goals, coordination and integration 
mechanisms, and other areas FEMA may identify. This study shall 
be completed by the end of fiscal year 2008 and provided to the 
Committees on Appropriations.

                      National Response Framework

    The Committees on Appropriations note the National Response 
Plan is now called the National Response Framework and the 
National Preparedness Goal is now called National Preparedness 
Guidelines. Neither document is complete, even though these are 
critical national documents relied on by State and local 
governments. The Department is directed to incorporate public 
comment and finalize these important documents as soon as 
possible. The Committees on Appropriations direct the GAO to 
evaluate the process used to update the National Response 
Framework as discussed in the House report. This review should 
help the Department make improvements to the process so that 
future updates will be more inclusive of State and local 
governments.

                 Federal Agency Emergency Preparedness

    The Committees on Appropriations direct FEMA to provide a 
report regarding the preparedness level of federal agencies 
designated to lead Emergency Support Functions as discussed in 
the Senate report. This report shall be provided to the 
Committees on Appropriations 10 months after the date of 
enactment of this Act.

                   Children and Disaster Preparedness

    The Committees on Appropriations direct FEMA to assist 
communities by ensuring disaster preparedness and response 
education materials are developed and distributed to children. 
The needs of children, who are among the most vulnerable 
members of the population, are often overlooked when it comes 
to preparedness and response. Their needs during and following 
a disaster are vastly different than those of adults.

                       Disaster Planning Guidance

    The Committees on Appropriations recognize guidelines for 
State and local communities regarding the needs of individuals 
with pets and service animals before, during, and after a 
disaster have been issued through the draft National Response 
Framework, and other recent documents. FEMA is encouraged to 
assist communities in implementing the guidelines as soon as 
possible.

                         U.S. Flag Territories

    The Committees on Appropriations are concerned about the 
nation's capacity to respond to disaster victims in the remote 
areas of the U.S. Flag Territories in the Pacific Ocean. FEMA 
is directed to analyze the regional all-hazard response 
capacity for this region and make recommendations as to how it 
might be improved.

                            2004 Hurricanes

    FEMA is directed to maintain the Florida long-term recovery 
office as long as there is sufficient work left to be done 
following the four 2004 hurricanes that struck the State. FEMA 
is further directed to notify the Committees on Appropriations 
prior to closing the office.

                              Formaldehyde

    The Committees on Appropriations encourage FEMA to continue 
the practice of making available alternate housing for disaster 
victims who request a move due to concerns regarding 
formaldehyde exposure in manufactured housing. FEMA is directed 
to complete initial testing of formaldehyde levels in 
manufactured housing, which began in March 2006, and analyze 
those results. FEMA shall continue working with the DHS Office 
of Health Affairs and the Centers for Disease Control on 
testing trailer air quality and developing policies for those 
remaining in FEMA issued trailers.
    The Committees on Appropriations are concerned FEMA does 
not have proper controls and processes in place to address 
emerging issues, especially health concerns, during disaster 
recovery. FEMA is directed to ensure proper training for 
employees who work directly with disaster victims has been 
provided so emerging issues are quickly identified by FEMA and 
consistent and correct information is distributed to the public 
in a timely manner. Additionally, the Committees on 
Appropriations direct the Inspector General to report to the 
Committees on Appropriations, the Senate Committee on Homeland 
Security and Government Affairs, and the House Transportation 
and Infrastructure Committee regarding FEMA's decision-making 
regarding formaldehyde in trailers.

                        STATE AND LOCAL PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

    The amended bill provides $3,177,800,000, of which 
$110,000,000 is designated as emergency, instead of 
$3,202,000,000 as proposed by the House and $3,130,500,000 as 
proposed by the Senate. State and Local Programs funding is 
allocated as follows:

State Homeland Security Grant Program (SHSGP)...........    $950,000,000
Urban Area Security Initiative (UASI)...................     820,000,000
Regional Catastrophic Preparedness Grants...............      35,000,000
Metropolitan Medical Response System....................      41,000,000
Citizen Corps Program...................................      15,000,000
Public Transportation Security Assistance and Railroad 
    Security Assistance.................................     400,000,000
Port Security Grants....................................     400,000,000
Over-the-Road Bus Security Assistance...................      11,500,000
Trucking Industry Security Grants.......................      16,000,000
Buffer Zone Protection Program Grants...................      50,000,000
Real ID grants..........................................      50,000,000
Commercial Equipment Direct Assistance Program..........      25,000,000
Interoperable Emergency Communications Grant Program....      50,000,000
Emergency Operations Centers............................      15,000,000
National Programs:
    National Domestic Preparedness Consortium...........      88,000,000
    Center for Domestic Preparedness....................      62,500,000
    National Exercise Program...........................      50,000,000
    Technical Assistance................................      12,000,000
    Demonstration Training Grants.......................      28,000,000
    Continuing Training Grants..........................      31,000,000
    Evaluations and Assessments.........................      19,000,000
        Rural Domestic Preparedness Consortium..........       8,800,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total State and Local Programs..............  $3,177,800,000

    The amended bill contains provisions: (1) allowing the 
transfer of up to three percent of State and Local programs 
dollars to Federal Emergency Management Agency's (FEMA) 
Management and Administration account in order to simplify 
accounting practices within the agency for administrative 
costs; (2) designating certain timeframes for grant processing; 
(3) requiring grantees provide additional reports as determined 
necessary by the Secretary; and (4) requiring GAO to report on 
the data, assumptions, and methodology that DHS uses to assess 
risk and allocate UASI and SHSGP funds, including the 
reliability and validity of the data used, the basis for the 
assumptions used, and how the methodology is applied to 
determine the risk scores for individual locations and the 
allocation of grant funds. GAO is to report to the Committees 
on Appropriations on its findings not later than 45 days after 
the date of enactment of this Act.
    For the purposes of eligibility for funds any county, city, 
village, town, district, borough, parish, port authority, 
transit authority, intercity rail provider, commuter rail 
system, freight rail provider, water district, regional 
planning commission, council of government, Indian tribe with 
jurisdiction over Indian country, authorized tribal 
organization, Alaska Native village, independent authority, 
special district, or other political subdivision of any State 
shall constitute a ``local unit of government.'' The recent 
enactment of the 9/11 Act codified many of the issues 
previously addressed by the Committees on Appropriations 
including: the formula for the distribution of SHSGP; purposes 
of SHSGP, UASI, and the Law Enforcement Terrorism Prevention 
Program; circumstances under which overtime or construction are 
allowable; State passthrough requirements for SHSGP, UASI, and 
Interoperability grants; purposes of transit and railroad 
security grants; purposes of Over-the-Road bus security grants; 
and allowable uses of the Public Safety Interoperable 
Communications grant program. Accordingly, language contained 
in the House and Senate versions of the bill and report has 
been substantially modified in the amended bill.
    The Committees on Appropriations direct FEMA to work with 
the National Protection and Programs Directorate to utilize the 
results from the National Academy of Sciences study regarding 
incorporating natural disasters into the risk formula, once it 
is completed, as detailed in the House report.
    The Committees on Appropriations urge the Department to 
work with State and local governments to ensure regional 
authorities, such as port, transit, or tribal authorities, are 
given due consideration in the distribution of state formula 
grants. The Department is encouraged to consider the need for 
mass evacuation planning and pre-positioning of equipment for 
mass evacuations in allocating first responder funds.
    FEMA is directed, in conjunction with the Office of Health 
Affairs, to report to the Committee regarding the current state 
of disaster preparedness capabilities of emergency medical 
services and the capabilities required to meet future 
preparedness goals. This report is due no later than five 
months after the enactment of this Act and shall include an 
analysis of the gap between current and target capabilities. 
FEMA is directed to include in its grants guidance, language 
requiring State and local governments to include EMS providers 
in their Statewide Homeland Security Plans as well as their 
UASI plans. If no State or local funding is provided to EMS, 
the State should justify lack of funding through demonstrating 
related targeted capabilities have been met or identify other 
pressing priorities.

                 State Homeland Security Grant Program

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

                     Urban Area Security Initiative

    The amended bill provides $820,000,000 for Urban Area 
Security Initiative (UASI) as proposed by the Senate and 
instead of $850,000,000 as proposed by the House. Within this 
funding, the Committees on Appropriations provide $15,000,000 
for grants to non-profit organizations determined by the 
Secretary to be at high risk of terrorist attack. The Secretary 
shall consider prior threats or attacks against similar 
organizations when determining risk, and shall notify the 
Committees on Appropriations of the high risk or potential high 
risk to each designated tax exempt grantee at least five full 
business days in advance of the announcement of any grant 
award.
    GAO is directed to provide a report to the Committees on 
Appropriations, which describes the criteria and factors used 
to determine the regional boundaries for UASI regions, 
including changes as a result of the enactment of the 9/11 Act. 
The report shall also provide an analysis of how such 
boundaries impact regional cooperation.
    The Committees on Appropriations include language in NPPD 
related to the Capital Wireless Integrated Network.

               Regional Catastrophic Preparedness Grants

    The amended bill provides $35,000,000 for Regional 
Catastrophic Preparedness grants instead of $50,000,000 as 
proposed by the Senate. The House did not include funding. Of 
this amount $18,000,000 shall be for tier one UASI regions, no 
more than $3,000,000 shall be for technical assistance, and the 
remaining funds shall be allocated based on all-hazards. These 
grants should fund multi-jurisdictional efforts to promote 
regional approaches to catastrophic events, including mass 
evacuation. The Committees on Appropriations direct the 
Department to expeditiously award the funds provided under this 
heading and the $35,000,000 provided in the U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007, Public Law 110-28. 
FEMA shall brief the Committees on Appropriations by September 
15, 2008, on the preparedness assets (fuel, water, 
communications) that have been staged and/or deployed pursuant 
to this program in this and previous years.

                  Metropolitan Medical Response System

    The amended bill provides $41,000,000 for the Metropolitan 
Medical Response System instead of $50,000,000 as proposed by 
the House and $33,000,000 as proposed by the Senate. The 
Committees on Appropriations do not include language directing 
that the grants be competitively awarded as proposed by the 
House.

                             Citizen Corps

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

    Public Transportation Security Assistance and Railroad Security 
                               Assistance

    The amended bill provides $400,000,000 for Public 
Transportation Assistance and Railroad Security Assistance. 
Within the funding provided, no less than $25,000,000 is for 
Amtrak.

                          Port Security Grants

    The amended bill provides $400,000,000 for port security 
grants as proposed by both the House and the Senate.

                 Over-The-Road Bus Security Assistance

    The amended bill provides $11,500,000 for Over-the-Road bus 
security grants instead of $11,000,000 as proposed by the House 
and $12,000,000 as proposed by the Senate.

                   Trucking Industry Security Grants

    The amended bill provides $16,000,000 for trucking industry 
security grants as proposed by the Senate instead of 
$10,000,000 as proposed by the House. The funding is to be 
competitively awarded. FEMA is directed to submit an 
expenditure plan as detailed in the House report.

                     Buffer Zone Protection Program

    The amended bill provides $50,000,000 for the Buffer Zone 
Protection Program as proposed by the Senate instead of 
$100,000,000 as proposed by the House.

                             REAL ID Grants

    The amended bill provides $50,000,000 for REAL ID grants as 
proposed by the House. The total is designated as an emergency. 
In addition, States may opt to enhance REAL ID capabilities by 
using State homeland security grants for this purpose. The 
Committees on Appropriations note that no funds were requested 
for REAL ID in the President's budget and provide this funding 
to assist States in complying with this Federal mandate. Funds 
are available until September 30, 2008.

             Commercial Equipment Direct Assistance Program

    The amended bill provides $25,000,000 for the Commercial 
Equipment Direct Assistance Program instead of $20,000,000 as 
proposed by the House and $40,000,000 as proposed by the 
Senate. The Committees on Appropriations do not direct the 
program be changed to a grant program as proposed by the House.

             Interoperable Emergency Communications Grants

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

                      Emergency Operations Centers

    The amended bill provides $15,000,000 for Emergency 
Operations Centers (EOC). The Committees on Appropriations are 
aware of the needs of State and local governments for adequate 
emergency operations centers to improve unified command 
capabilities. Therefore funding is included for the equipping, 
upgrading, and constructing of EOCs pursuant to section 614 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, as amended by the 9/11 Act.

                        Grant Management System

    The Committees on Appropriations urge FEMA to consider the 
use of tracking and accountability systems to assist in 
managing grant allocations, distribution, expenditures, and 
asset tracking, and encourage usage of multi-state cooperative 
purchasing agreements.

                      Slowness in Awarding Grants

    The Committees on Appropriations direct FEMA to implement 
the law, including the timeframes for issuing State and local 
grant funds. It is imperative the agency and the Department 
take State and local partners in homeland security seriously by 
ensuring needed resources are expeditiously provided for known 
risks.

                           National Programs

    The amended bill provides $299,300,000 for training, 
exercises, technical assistance, and other programs instead of 
$293,000,000 as proposed by the House and $294,500,000 as 
proposed by the Senate.

               National Domestic Preparedness Consortium

    Included within the amount provided for National Programs, 
$88,000,000 is for the National Domestic Preparedness 
Consortium as proposed by both the House and Senate. Consortium 
members funded in fiscal year 2007 shall receive $22,000,000 
pursuant to the 9/11 Act.

                    Center for Domestic Preparedness

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

                 Rural Domestic Preparedness Consortium

    Included within the amount provided for National Programs, 
$8,800,000 is for the Rural Domestic Preparedness Consortium 
(RDPC). The RDPC provides technical assistance and training for 
terrorism prevention, preparedness, response, and recovery in 
support of rural homeland security requirements. FEMA is 
directed to continue the development of specialized and 
innovative training curricula for rural first responders and 
ensure the coordination of such efforts with existing grants 
and training partners.

                          Technical Assistance

    Included within the amount provided for National Programs, 
$12,000,000 is for technical assistance instead of $18,000,000 
as proposed by the House and $14,000,000 as proposed by the 
Senate.

                     Demonstration Training Grants

    Included within the amount provided for National Programs, 
$28,000,000 is for demonstration training grants as proposed by 
the Senate. The House included funding for a program which 
combined the demonstration and continuing training grants. FEMA 
shall give priority to training that benefits nation-wide 
initiatives including those that identify and disseminate 
preparedness and response best practices to States and locals 
and are conducted at or in cooperation with universities, 
colleges, and community colleges.

                       Continuing Training Grants

    Included within the amount provided for National Programs, 
$31,000,000 is for continuing training grants as proposed by 
the Senate. The House included funding for a program which 
combined the demonstration and continuing training grants. The 
Committees on Appropriations support programs which 
consistently deliver homeland security curricula in the form of 
executive education programs and accredited Masters Degree 
education. The Committees on Appropriations recommend full 
funding for the graduate-level homeland security education 
programs currently supported by the Department and encourage 
the Department to leverage these existing programs to meet the 
growing need for graduate-level education.

                      Evaluations and Assessments

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

                     FIREFIGHTER ASSISTANCE GRANTS

    The amended bill provides $750,000,000 instead of 
$805,058,000 as proposed by the House and $705,000,000 as 
proposed by the Senate. Of this amount, $190,000,000 shall be 
for firefighter staffing, as authorized by section 34 of the 
Federal Fire Prevention and Control Act of 1974, instead of 
$235,058,000 as proposed by the House and $145,000,000 as 
proposed by the Senate. The Committees on Appropriations agree 
to make $3,000,000 available for implementation of section 
205(c) of Public Law 108-169, the United States Fire 
Administration Reauthorization Act of 2003 to be competitively 
awarded. Grants under sections 33 and 34 of the Federal Fire 
Prevention and Control Act of 1974 are available until 
September 30, 2009, as proposed by the House. FEMA is 
encouraged to consider planning and preparation for wildfires 
in the allocation of fire prevention programs.
    The Committees on Appropriations direct GAO to review the 
application and award process for the Assistance to 
Firefighters (FIRE) grants and Staffing for Adequate Fire and 
Emergency Response (SAFER) grants as detailed in the House 
report. FEMA shall peer-review FIRE and SAFER grant 
applications which meet criteria established by FEMA and the 
Fire Service. Those criteria necessary for peer-review must be 
included in the grant application package. Applicants whose 
grant applications are not reviewed must receive an official 
notification detailing why the application did not meet the 
criteria for review. Applications must be rank-ordered, and 
funded following the rank order.

                EMERGENCY MANAGEMENT PERFORMANCE GRANTS

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

              RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

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

                   UNITED STATES FIRE ADMINISTRATION

    The amended bill provides $43,300,000 as proposed by both 
the House and the Senate.

                            DISASTER RELIEF

                     (INCLUDING TRANSFER OF FUNDS)

    The amended bill provides $1,400,000,000 for Disaster 
Relief instead of $1,700,000,000 as proposed by both the House 
and the Senate. The amended bill contains a provision to allow 
the transfer of up to $60,000,000 to FEMA Management and 
Administration of which $48,000,000 is for the conversion of 
250 temporary disaster positions into permanent positions and 
$12,000,000 is for activities related to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act. In addition, the 
amended bill contains a provision to allow the transfer of 
$16,000,000 to Office of Inspector General for audits and 
investigations of disasters. The Committees on Appropriations 
direct that funds appropriated for Disaster Relief cannot be 
used to supplement the resources of other DHS offices that 
receive a separate appropriation absent explicit authority to 
do so in law.
    The amended bill contains a provision requiring the 
Disaster Relief Fund report be submitted hereafter on a monthly 
basis. The report is a continuation of the DRF report required 
in Public Law 109-62, Public Law 109-90, and Public Law 109-
295. The requirement to report manufactured housing and hotel 
and motel data is deleted. The report must now include 
allocations, obligations, and expenditures for Hurricanes 
Katrina, Rita, Wilma, and all other open disasters.
    The Post-Hazard Mitigation Grant Program is a key component 
of mitigation and disaster recovery. Federal investments in 
post disaster mitigation activities are leveraged by a unique 
`window of opportunity' that exists following a disaster, when 
perceptions of risk become clearer and prompt individuals and 
communities to undertake risk reduction activities they may not 
have considered in a pre-disaster context. FEMA is directed to 
report within 30 days of the enactment of this Act on the use 
of post-disaster mitigation funds, including funds made 
available after the 2005 hurricanes; any legislative or 
administrative obstacles preventing more expedient use of 
funds; and recommendations for more effective implementation of 
this program.

            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

                      FLOOD MAP MODERNIZATION FUND

    The amended bill provides $220,000,000 for flood map 
modernization instead of $230,000,000 as proposed by the House 
and $200,000,000 as proposed by the Senate. FEMA is encouraged 
to prioritize as criteria the number of stream and coastal 
miles within the State, the Mississippi River Delta region, and 
the participation of the state in leveraging non-federal 
contributions. FEMA is directed to dedicate at least 10 percent 
of funds provided under this heading to activities associated 
with maintaining flood maps that are at least three years 
beyond their effective date. The goal should be to complete 
maintenance of maps before they are more than five years beyond 
their effective date. Map maintenance includes: studying 
previously unstudied or under-studied areas; restudying areas 
where watershed and/or floodplain conditions have altered flood 
hazards; and re-evaluating flood hazards to take into account 
new data or methodologies. Cooperating technical partners that 
offer significant funding matches should be given priority in 
allocating map maintenance funding. Up to three percent of 
awarded funds may be used by recipients for administrative 
expenses.
    FEMA is directed to brief the Committees on Appropriations 
regarding the additional needs for a continued Flood Map 
Modernization program as included in the Senate report. FEMA is 
encouraged to work with the Army Corps of Engineers to develop 
accurate maps reflecting the damage done by Hurricanes Katrina 
and Rita. FEMA is further directed to brief the Committees on 
Appropriations within 60 days of enactment of this Act on the 
progress of flood plain mapping in the Gulf Coast.

                     NATIONAL FLOOD INSURANCE FUND

                     (INCLUDING TRANSFER OF FUNDS)

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

                     NATIONAL FLOOD MITIGATION FUND

                     (INCLUDING TRANSFER OF FUNDS)

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

                  NATIONAL PREDISASTER MITIGATION FUND

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

For infrastructure improvements, analysis, and other 
    activities for disaster mitigation:
    Ludlowville Flood Mitigation project, New York State 
      Emergency Management Office, NY...................        $200,000
    City of Albany, GA..................................         300,000
    Sumter County Commission, GA........................         300,000
    City of Neodesha, KS................................         200,000
    Adjutant General's Office of Emergency Preparedness, 
      for projects in Santee and Manning, SC............       3,000,000
    Bosque County, TX...................................          40,000
    Town of Clifton Park, NY............................          94,000
    Calvert County Government, MD.......................         187,500
    Charles County Government, MD.......................         106,500
    St. Mary's County Government, MD....................         184,619
    City of Detroit, MI.................................       1,600,000
    City of Coconut Creek, FL...........................         200,000
    City of Emeryville, CA..............................         600,000
    City of Rye and Village of Rye Brook, NY............         250,000
    Yardley Borough, PA.................................         250,000
    City of Stanley, WI.................................         630,000
    Dalton Fire District, MA............................         750,000
    Department of Emergency Management for the City and 
      County of San Francisco, CA.......................       1,000,000
    City of Arvada, CO..................................         200,000
    North Carolina Department of Crime Control and 
      Public Safety, NC.................................       1,600,000
    City of Los Angeles, CA.............................          13,500
    City of Cudahy, CA..................................          65,000
    Los Angeles Unified School District, CA.............       1,000,000
    North Carolina Department of Agriculture, NC........         400,000
    Jackson County Board of Supervisors, MS.............         250,000
    Town of Dyer, IN....................................         550,000
    City of St. Charles, MN.............................         100,000
    Public Works Department of Winona County, MN........         100,000
    City of Louisville's Emergency Management Agency, KY         200,000
    Northampton and Lehigh Counties, PA.................       1,000,000
    Commonwealth of Pennsylvania, Department of 
      Conservation and Natural Resources, Presque Isle 
      State Park, PA....................................         990,000
    Cumberland County Public Schools, VA................         400,000
    City of St. Joseph, MO..............................       1,000,000
    City of Kannapolis, NC..............................         625,000
    Monroe County Office of Emergency Preparedness, NY..       1,000,000
    Sandy Creek Township, City of Franklin, PA..........       1,000,000
    Pierce County, WA...................................         500,000
    City of Cumberland, KY..............................       2,000,000
    University of Kentucky, Department of Civil 
      Engineering, KY...................................         200,000
    City of Norwalk, CT.................................         505,000
    Onondaga County, NY.................................         500,000
    Onondaga County, for Oswego River Basin, NY.........         500,000
    City of St. Petersburg, for shelter hardening, FL...         750,000
    City of St. Petersburg, for facility hardening, FL..         750,000
    City of Fitzgerald, GA..............................          75,000
    City of Ashburn, GA.................................          75,000
    Butts County Public Works Department, GA............          30,000
    City of Monticello, GA..............................          50,000
    City of Haleyville, AL..............................       1,000,000
    City of Myrtle Beach, SC............................         500,000
    City of Georgetown, TX..............................       1,000,000
    City of Missouri City, TX...........................         200,000
For acquisition, demolition and relocation of property 
    for disaster mitigation:
    Chatham County Emergency Management, GA.............         200,000
    City of Davenport, IA...............................         200,000
    Wayne County Commissioners, PA......................         200,000
    City of Plymouth, IN................................         200,000
    Armstrong County, PA................................       1,000,000
    Holmes County Commission, OH........................         200,000
    Harris County Flood Control District, TX............       1,000,000
    City of Fort Worth, TX..............................       1,000,000
    City of Kannapolis, NC..............................         400,000
    Town of Pembroke, NH................................         150,000
    City of Greensburg, KY..............................         500,000
    Town of Martin, KY..................................       1,350,000
    City of Cumberland, KY..............................         650,000
For risk identification, planning, communication, 
    response coordination, and modeling activities for 
    disaster mitigation:
    Des Moines, IA......................................         200,000
    Radford University, VA..............................         200,000
    Washington Military Department, WA..................       1,000,000
    Public Works Department of the City of Santa Cruz, 
      CA................................................          90,000
    Town of Epsom, NH...................................          50,000
    Westchester and Rockland Counties, NY...............       1,000,000
    Village of Elmsford, NY.............................          30,000
    Arlington County, VA................................         260,000
    Franklin Regional Council of Governments, MA........         100,000
    North Carolina Department of Crime Control and 
      Public Safety, NC.................................       3,400,000
    City of Alpine, TX..................................         100,000
    City of Del Rio, TX.................................         600,000
    Lehman College, NY..................................       1,000,000
    Broward County, FL..................................         500,000
    Southeast Missouri State University, MO.............         430,000
    Williamstown Lake, Grant and Pendleton Counties, KY.         500,000
    City of Whitehall, OH...............................         500,000
    City of Hampton, VA.................................         250,000
    Santa Clara County, CA..............................         250,000
    Regional Joint Readiness Center, Pittsburgh, PA.....         500,000
For emergency alert and notification systems:
    City of Detroit, MI.................................         485,000
    City of Los Angeles, CA.............................         100,000
    Jasper County Government, IN........................         215,000
    City of Belton, MO..................................         150,000
    City of Smithville, MO..............................         200,000
    Local Emergency Planning Committee, Town of Needham, 
      MA................................................         200,000
For wildfire mitigation activities:
    Washington County and Washington County Department 
      of Public Works, UT...............................         200,000
    Arrowhead Regional Development Commission, MN.......         450,000
    San Bernardino County Fire Department, CA...........       1,500,000
    Idaho Bureau of Homeland Security, ID...............         600,000

                       EMERGENCY FOOD AND SHELTER

    The amended bill provides $153,000,000 for Emergency Food 
and Shelter as proposed by both the House and Senate.

       TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES


           United States Citizenship and Immigration Services

    The amended bill provides $80,973,000 for United States 
Citizenship and Immigration Services (USCIS) instead of 
$30,000,000 as proposed by the House and $50,523,000 as 
proposed by the Senate. Of this amount, $80,000,000 is 
designated as emergency.

              Employment Eligibility Verification/E-Verify

    The Committees on Appropriations provide $60,000,000 for 
the Employment Eligibility Verification program, which USCIS 
has renamed E-Verify, instead of $30,000,000 provided by both 
the House and the Senate. This system allows employers to check 
government databases and verify the employment status of job 
applicants.

                      FBI Background Check Backlog

    The Committees on Appropriations provide $20,000,000 for 
reduction of the FBI name check backlog as proposed by the 
Senate and instead of no funding proposed by the House. The 
Director of USCIS is directed to report to the Committees on 
Appropriations on plans to eliminate the backlog of FBI name 
checks, as discussed in the Senate report.

                    Benefit Parole Programs Transfer

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

                          Immigration Services

    The Committees on Appropriations direct USCIS to expand its 
immigration services programs, prioritizing areas that have 
large populations of underserved immigrant populations, as 
discussed in the House report. The Committees on Appropriations 
provide $450,000 for this purpose, of which $150,000 shall be 
allocated to the Citizens Advice Bureau Immigrant Assistance 
Project and $300,000 shall be allocated to the Bronx Project, 
Northern Manhattan Coalition for Immigrant Rights.

                          Fee-Funded Programs

    Current estimates of fee collections, which constitute the 
majority of USCIS resources, are $2,538,872,000. These revenues 
will support adjudication of applications for immigration 
benefits and fraud prevention activities, and are derived from 
fees collected from persons applying for immigration benefits. 
The Committees on Appropriations direct USCIS to allocate these 
fees as shown in the table presented in the Senate report and 
direct that no more than $10,000 shall be for official 
reception and representation expenses.
    Within the total fees collected, the Committees on 
Appropriations direct USCIS to provide no less than $49,357,000 
to support Customer Service Center operations, and to dedicate 
the entirety of premium processing revenue to business system 
and information technology transformation, including converting 
immigration records to digital format. The Committees on 
Appropriations require the Director of USCIS to submit an 
expenditure plan for the Business Transformation Project. USCIS 
should include materials in the plan that address the alignment 
of the transformation process with the Departmental enterprise 
architecture, as well as details on expected project 
performance and deliverables.

                           Immigration Reform

    USCIS is not required to report on the anticipated process 
for administering a temporary worker program.

                     H-1B Benefits Fraud Assessment

    USCIS is directed to conduct a benefits fraud assessment of 
the H-1B Visa Program, and to report to the Committees on 
Appropriations on the results of the assessment and any 
recommendations to strengthen the program.

                             USCIS Vehicles

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

                Federal Law Enforcement Training Center


                         SALARIES AND EXPENSES

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

     ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

                         Science and Technology


                     MANAGEMENT AND ADMINISTRATION

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

           RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

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

Border and Maritime Security............................     $25,479,000
Chemical and Biological.................................     208,020,000
Command, Control, and Interoperability..................      56,980,000
Explosives..............................................      77,654,000
Human Factors...........................................      14,206,000
Infrastructure and Geophysical..........................      64,500,000
Innovation..............................................      33,000,000
Laboratory Facilities...................................     103,814,000
Test and Evaluations/Standards..........................      28,520,000
Transition..............................................      25,265,000
University Programs.....................................      49,297,000
Homeland Security Institute.............................       5,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................    $691,735,000

                      Homeland Security Institute

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

                        Chemical and Biological

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

                 Command, Control, and Interoperability

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

     Analysis, Dissemination, Visualization, Insight, and Semantic 
                      Enhancement (ADVISE) program

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

           First Responder Communications Equipment Standards

    Federal funding for first responder communications 
equipment should be compliant with common system standards for 
digital public safety radio communications (Project 25 
standards), as appropriate, to ensure interoperability. S&T, in 
conjunction with the Director of the National Institute of 
Standards and Technology, shall continue assessing the 
compliance of first responder communications equipment with 
Project 25 standards.

                               Explosives

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

                             Human Factors

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

                     Infrastructure and Geophysical

    The Committees on Appropriations provide $64,500,000 for 
infrastructure and geophysical, instead of $24,000,000 as 
proposed by the House and $64,000,000 as proposed by the 
Senate. Within the funding provided, $27,000,000 is to continue 
the Southeast Regional Research Initiative, $9,500,000 is for 
Regional Technology Integration, and $11,000,000 is for the 
Community-Based Critical Infrastructure Protection Institute to 
support existing work in research and development and 
application of technology for community based critical 
infrastructure protection efforts.

                               Innovation

    The Committees on Appropriations provide $33,000,000 for 
innovation instead of $51,900,000 as proposed by the House and 
$46,000,000 as proposed by the Senate. Funding is not specified 
among the Innovation programs; S&T is directed to submit to the 
Committees on Appropriations an allocation plan for Innovations 
within 30 days after enactment of this Act.

                            New Technologies

    The Committees on Appropriations believe new technologies 
may significantly help the Department as it seeks to secure our 
homeland. The Department is encouraged to develop such 
technologies as carbon nanotube coatings; dual use mobile 
sensor technology that provides automatic intelligence 
collection; sensor drive analytics; regional disease 
surveillance; explosive detection using computer tomography/
neutron technologies; microsystems technologies for high threat 
problem solving; small, rugged mass spectrometers; gallium 
nitride based multi-mission phase array radar; high throughput 
backscatter personal screeners; data systems that are 
scaleable, easily deployable and do not require significant 
power or cooling infrastructure; mono-energetic gamma resonant 
imaging and detection systems; respirators using antimicrobial 
iodinated technology; and supercomputing centers that utilize 
smart sensor algorithms on low cost processors.

                   Multi-Function Phased Array Radars

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

                         Laboratory Facilities

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

                     Test and Evaluations/Standards

    The Committees on Appropriations provide $28,520,000 for 
test and evaluations/standards as proposed by the House instead 
of $24,219,000 as proposed by the Senate. Within the funds 
provided, $3,000,000 shall be for independent peer reviewed 
program evaluations throughout DHS conducted by outside 
entities. The Committees on Appropriations expect that only one 
or two smaller scale programs will be able to be evaluated with 
this funding and direct S&T to begin with an evaluation of 
TSA's air cargo certified shipper pilot program. This 
evaluation should focus on the soundness of the measurements 
TSA will use to evaluate the integrity of a certified shippers 
air cargo security program and whether the certified shipper 
program will help TSA meet the 100-percent screening 
requirements contained in the 9/11 Act. S&T shall consult with 
the Committees on Appropriations on other programs to be 
evaluated and the scope of the evaluation before funding is 
obligated.

                               Transition

    The Committees on Appropriations provide $25,265,000 for 
transition instead of $26,000,000 as proposed by the House and 
$23,901,000 as proposed by the Senate. Within the funds 
provided, up to $1,000,000 is for an independent review to 
determine whether Federal resources are being adequately and 
efficiently used in DHS and other Federal agencies to address 
homeland security needs, including the opportunity costs that 
may result from the increased prominence of homeland security 
as detailed in the House report. This review should be 
conducted by the National Academy of Public Administration.

                          University Programs

    The Committees on Appropriations provide $49,297,000 for 
university programs instead of $48,575,000 as proposed by the 
House and $38,718,000 as proposed by the Senate. Within this 
funding, $4,000,000 is to support the new National 
Transportation Security Center of Excellence authorized in the 
9/11 Act and $2,000,000 is to support the ongoing Memorandum of 
Agreement with the Naval Postgraduate School. Because the 
funding level is $10,579,000 above the budget request, S&T 
shall brief the Committees on Appropriations on how these 
additional funds will be allocated 60 days after enactment of 
this Act. As part of this briefing, S&T shall also discuss how 
universities are selected to participate in this program, how 
S&T determines the type of research each Center of Excellence 
will specialize in, how the Directorate evaluates the quality 
of work from the Centers, and assess the impact a time limit 
may have on the quality and breadth of research conducted.

                   Domestic Nuclear Detection Office


                     MANAGEMENT AND ADMINISTRATION

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

                 RESEARCH, DEVELOPMENT, AND OPERATIONS

    The amended bill provides $323,500,000 for Research, 
Development, and Operations instead of $316,900,000 as proposed 
by the House and $336,000,000 as proposed by the Senate. The 
following table specifies funding by budget activity:

Systems Engineering and Architecture....................     $22,400,000
Systems Development.....................................     118,100,000
Transformational Research and Development...............      96,000,000
Assessments.............................................      37,500,000
Operations Support......................................      34,500,000
National Technical Nuclear Forensics Center.............      15,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................    $323,500,000

                          Systems Development

    The Committees on Appropriations provide $118,100,000 for 
systems development instead of $108,100,000 as proposed by the 
House and $132,100,000 as proposed by the Senate. Within the 
amount appropriated: $10,000,000 shall be available to support 
the implementation of the Securing the Cities Initiative; 
$10,000,000 is to deploy up to ten teams to screen general 
aviation aircraft for illicit material, other aviation programs 
or non-ports of entry land border efforts; and $3,000,000 is 
for the development of detection systems to scan general 
aviation aircraft for illicit radiological and nuclear 
materials. DNDO is urged to place a priority within development 
and deployment of detection systems on the highest risk 
pathways entering the country.
    The Committees on Appropriations concur with direction in 
the Senate report requiring DNDO to submit a strategic plan for 
its phased deployment of the Securing the Cities initiative. 
This plan shall: (1) prioritize the cities that will be covered 
by the program; (2) lay out decisions on which routes will be 
covered; (3) address whether decoy detection systems would 
benefit the public good; (4) indicate what level of detection 
infrastructure is planned in each city; (5) address whether any 
given deployment has a reasonable chance of success; and (6) 
establish a five year projected cost estimate for this 
initiative. In addition, DNDO shall enter into a memorandum of 
understanding with any city receiving resources from the 
Securing the Cities initiative. This memorandum shall outline 
the duties expected of DNDO and the city over the foreseeable 
future as well as the annual resources requirements each must 
meet to fully implement this initiative.
    The Committees on Appropriations concur with the House 
report directing DNDO to report on its assessment of radiation 
detection technologies that could be used in rail yards, at 
non-ports of entry land border crossings, at general aviation 
airports, and with small maritime craft. DNDO shall brief the 
Committees on Appropriations quarterly on the progress it has 
made in identifying the necessary architecture, the strengths 
and weakness of these technologies, and a timetable to develop 
and deploy these technologies.
    The Committees on Appropriations agree with the Senate 
report encouraging DNDO to place its screening equipment 
according to threat and risk rather than ease of screening and 
measurement. Further, DNDO is directed to continue to keep the 
Committees on Appropriations informed of its efforts to fully 
cover all high risk pathways into the United States and how it 
is using intelligence to drive investments in its global 
nuclear detection architecture.
    DNDO shall work with U.S. Customs and Border Protection 
(CBP) to initiate two pilots of radiation portal monitors 
within the air port of entry environment for screening 
individuals and their baggage for radioactive materials. The 
pilots should include a detailed concept of operations. DNDO 
and CBP are directed to brief the Committees on Appropriations 
on the status of the development efforts.

                              Assessments

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

                              Red Teaming

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

                          SYSTEMS ACQUISITION

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

Radiation Portal Monitor Program........................     $90,000,000
Securing the Cities.....................................      30,000,000
Human Portal Radiation Detection Systems Program........       9,750,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................    $129,750,000

                    Radiation Portal Monitor Program

    The Committees on Appropriations provide $90,000,000 for 
the radiation portal monitor program instead of $171,500,000 as 
proposed by the House and $139,000,000 as proposed by the 
Senate. Within this appropriation, full funding has been 
provided for DNDO's effort to: procure and deploy additional 
polyvinyl toluene (PVT) based fixed radiation portal monitors 
(RPMs) to all remaining northern border sites by calendar year 
2009, deploy PVT units in the air cargo environment, upgrade 
and deploy the 45 low rate initial production Advanced 
Spectroscopic Portal (ASPs) units, and support field validation 
for ASPs to determine that these systems meet CBP's 
functionality requirements.
    As of November 15, 2007, 100-percent of all containerized 
cargo is being screened by RPMs at the southern border. 
However, the Committees on Appropriations remain deeply 
concerned about the Department's ability to detect non-
containerized illicit radioactive materials entering the 
nation. Since the President's budget submission in February 
2007, Congress has appropriated $100,000,000 in unrequested 
emergency resources to speed placement of fixed radiation 
detectors at ports of entry (POE). Unfortunately, these 
resources, as well as prior year appropriations of $64,330,000, 
remain largely unspent due to additional development required 
of the ASP monitors and additional evaluation to determine if 
ASP monitors are significantly more effective than currently 
deployed technologies. To date, the Committees on 
Appropriations have not received a certification from the 
Secretary that the ASP monitors perform more effectively in an 
operational environment compared to current generation portal 
monitors. Therefore, limited funding is provided for ASP in 
fiscal year 2008. The Committees on Appropriations direct 
$147,000,000, from supplemental funds provided in fiscal year 
2007 and annual appropriations provided in fiscal year 2008, be 
utilized to accelerate the procurement and deployment of PVTs 
to complete deployment of these systems at all remaining 
northern border sites. While the current generation 
technologies may not have the expected capabilities of ASP 
systems, they are substantially less expensive, proven to work 
within known limits, and can be quickly deployed to POEs.
    The Committees on Appropriations appreciate the 
difficulties the Secretary faces in certifying the ASP systems 
and provide sufficient resources to allow DNDO to enter into an 
agreement with the National Academy of Sciences (NAS) to assist 
the Secretary in his certification decisions. NAS will help 
validate testing completed to date, provide support for future 
testing, assess the costs and benefits of this technology, and 
bring robustness and scientific rigor to the procurement 
process. As in prior fiscal years, the Committees on 
Appropriations include a prohibition of full scale procurement 
of ASP systems until the Secretary has certified and reported 
to the Committees that a significant increase in operational 
effectiveness merits such a decision. However, the amended bill 
also requires separate and distinct certifications for primary 
and secondary deployments in recognition of the inherently 
unique operational requirements each presents. The amended bill 
also prohibits high-risk concurrent development and production 
of mutually dependent software and hardware components of 
detection systems. This restriction is included to address the 
acquisition and fiscal risks associated with such concurrency 
and in response to the testing difficulties DNDO has 
encountered over the last fiscal year.

                      TITLE V--GENERAL PROVISIONS

    Section 501. The amended bill continues a provision 
proposed by the House and Senate that no part of any 
appropriation shall remain available for obligation beyond the 
current year unless expressly provided.
    Section 502. The amended bill continues a provision 
proposed by the House that unexpended balances of prior 
appropriations may be merged with new appropriations accounts 
and used for the same purpose, subject to reprogramming 
guidelines.
    Section 503. The amended bill continues and modifies a 
provision proposed by the House and Senate that provides 
authority to reprogram appropriations within an account and to 
transfer up to 5 percent between appropriations accounts with 
15-day advance notification of the Committees on 
Appropriations. Modifications adopted include in (1) adding 
``project'' or ``activity''; and in (2) adding ``office''. A 
detailed funding table identifying each congressional control 
level for reprogramming purposes is included at the end of this 
statement. These reprogramming guidelines shall be complied 
with by all agencies funded by the Department of Homeland 
Security Appropriations Act, 2008.
    The Committees on Appropriations expect the Department to 
submit reprogramming requests on a timely basis, and to provide 
complete explanations of the reallocations proposed, including 
detailed justifications of the increases and offsets, and any 
specific impact the proposed changes will have on the budget 
request for the following fiscal year and future-year 
appropriations requirements. Each request submitted to the 
Committees should include a detailed table showing the proposed 
revisions at the account, program, project, and activity level 
to the funding and staffing (full-time equivalent position) 
levels for the current fiscal year and to the levels requested 
in the President's budget for the following fiscal year.
    The Committees on Appropriations expect the Department to 
manage its programs and activities within the levels 
appropriated. The Committees on Appropriations are concerned 
with the number of reprogramming proposals submitted for 
consideration by the Department and remind the Department that 
reprogramming or transfer requests should be submitted only in 
the case of an unforeseeable emergency or situation that could 
not have been predicted when formulating the budget request for 
the current fiscal year. When the Department submits a 
reprogramming or transfer request to the Committees on 
Appropriations and does not receive identical responses from 
the House and Senate, it is the responsibility of the 
Department to reconcile the House and Senate differences before 
proceeding, and if reconciliation is not possible, to consider 
the reprogramming or transfer request unapproved.
    The Department is not to propose a reprogramming or 
transfer of funds after June 30 unless there are exceptional or 
extraordinary circumstances, such that lives or property are 
placed in imminent danger.
    Section 504. The amended bill continues a provision 
proposed by the House and the Senate that none of the funds 
appropriated or otherwise available to the Department may be 
used to make payment to the Department's Working Capital Fund, 
except for activities and amounts allowed in the President's 
fiscal year 2008 budget, excluding sedan service, shuttle 
service, transit subsidy, mail operations, parking, and 
competitive sourcing. Any additional activities and amounts 
must be approved by the Committees on Appropriations 30 days in 
advance of obligation.
    Section 505. The amended bill continues a provision 
proposed by the House and Senate that not to exceed 50 percent 
of unobligated balances remaining at the end of fiscal year 
2008 from appropriations made for salaries and expenses shall 
remain available through fiscal year 2009 subject to 
reprogramming guidelines.
    Section 506. The amended bill continues a provision 
proposed by the House and Senate deeming that funds for 
intelligence activities are specifically authorized during 
fiscal year 2008 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2008.
    Section 507. The amended bill continues a provision 
proposed by the House and Senate directing the Federal Law 
Enforcement Training Accreditation Board to lead the Federal 
law enforcement training accreditation process.
    Section 508. The amended bill continues and modifies a 
provision proposed by the House and Senate requiring 
notification of the Committees on Appropriations three business 
days before any grant allocation, discretionary grant award, 
discretionary contract award, including Federal Acquisition 
Regulation-covered contracts, letter of intent, or public 
announcement of the intention to make such an award totaling in 
excess of $1,000,000. Additionally, the Federal Emergency 
Management Agency (FEMA) is required to brief the Committees on 
Appropriations five full business days prior to announcing 
publicly the intention to make an award of State Homeland 
Security grants, Urban Area Security Initiative grants, or 
Regional Catastrophic Preparedness Grants.
    Section 509. The amended bill continues a provision 
proposed by the House and Senate that no agency shall purchase, 
construct, or lease additional facilities for Federal law 
enforcement training without advance approval of the Committees 
on Appropriations.
    Section 510. The amended bill continues a provision 
proposed by the House and Senate that FLETC shall schedule 
basic and/or advanced law enforcement training at all four 
training facilities under its control to ensure that these 
training centers are operated at the highest capacity.
    Section 511. The amended bill continues a provision 
proposed by the House that none of the funds may be used for 
any construction, repair, alteration, or acquisition project 
for which a prospectus, if required under chapter 33 of Title 
40, United States Code, has not been approved. The amended bill 
excludes funds that may be required for development of a 
proposed prospectus. The Senate proposed similar language with 
a reference to the Public Buildings Act of 1959.
    Section 512. The amended bill continues a provision 
proposed by the House and Senate that none of the funds may be 
used in contravention of the Buy American Act.
    Section 513. The amended bill continues and modifies a 
provision proposed by the House and Senate to prohibit the 
obligation of funds for the Secure Flight program, except on a 
test basis, until the requirements of section 522 of Public Law 
108-334 have been met and certified by the Secretary of DHS and 
reviewed by the Government Accountability Office (GAO). The 
Committees on Appropriations direct GAO to continue to evaluate 
DHS and Transportation Security Administration (TSA) actions to 
meet the ten conditions listed in section 522(a) of Public Law 
108-334 and to report to the Committees on Appropriations, 
either incrementally as the Department meets additional 
conditions, or when all conditions have been met by the 
Department. The amended bill also prohibits the obligation of 
funds to develop or test algorithms assigning risk to 
passengers not on government watch lists and for a commercial 
database that is obtained from or remains under the control of 
a non-federal entity, excluding Passenger Name Record data 
obtained from air carriers. Within 90 days after enactment of 
this Act, TSA shall submit a detailed plan on achieving key 
milestones, as well as certification of this program.
    Section 514. The amended bill continues a provision 
proposed by the Senate prohibiting funds to be used to amend 
the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448). The House bill 
contained no similar provision.
    Section 515. The amended bill continues a provision 
proposed by the House and Senate regarding competitive 
sourcing.
    Section 516. The amended bill continues and modifies a 
provision proposed by the House and Senate regarding the 
reimbursement to the Secret Service for the cost of protective 
services for the head of a Federal agency other than the 
Secretary of Homeland Security. The provision allows the Secret 
Service to seek reimbursement for the cost of such protective 
services.
    Section 517. The amended bill continues and modifies a 
provision proposed by the Senate that allows the Director of 
the Secret Service to enter into an agreement to perform 
protection of a Federal officer, other than a person granted 
such protection by law, on a fully reimbursable basis. The 
House bill contained no similar provision.
    Section 518. The amended bill continues and modifies a 
provision proposed by the House and the Senate directing TSA to 
research, develop, and procure new technologies to inspect and 
screen air cargo. In the interim, TSA shall utilize existing 
checked baggage explosive detection equipment and screeners to 
screen cargo on passenger aircraft when practicable. New 
language is included that requires TSA to work with air 
carriers and airports to ensure the screening of cargo carried 
on passenger aircraft, as required by the 9/11 Act, increases 
incrementally each quarter. TSA is required to report air cargo 
inspection statistics detailing how incremental progress is 
being made to the Committees on Appropriations within 45 days 
of the end of each quarter of the fiscal year.
    Section 519. The amended bill continues a provision 
proposed by the House and Senate directing that only the 
Privacy Officer, appointed pursuant to section 222 of the 
Homeland Security Act of 2002, may alter, direct that changes 
be made to, delay or prohibit the transmission of a Privacy 
Officer report to Congress.
    Section 520. The amended bill continues a provision 
proposed by the House and Senate prohibiting the use of funds 
made available in this Act to pay the salary of any employee 
serving as a contracting officer's technical representative 
(COTR), or acting in a similar capacity, who has not received 
COTR training.
    Section 521. The amended bill continues a provision 
proposed by the House directing that any funds appropriated or 
transferred to TSA ``Aviation Security'', ``Administration'' 
and ``Transportation Security Support'' in fiscal years 2004, 
2005, 2006, and 2007 that are recovered or deobligated shall be 
available only for procurement and installation of explosives 
detection systems, for air cargo, baggage, and checkpoint 
screening systems, subject to notification. Quarterly reports 
must be submitted identifying any funds that are recovered or 
deobligated. The Senate bill contained similar language without 
a reporting requirement.
    Section 522. The amended bill continues a provision 
proposed by the Senate continuing Section 525(d) of Public Law 
109-295 pertaining to Sensitive Security Information (SSI) 
through fiscal year 2008. The House bill modified the SSI 
provision contained in Section 525 of Public Law 109-295.
    Section 523. The amended bill includes a provision proposed 
by the Senate requiring any funds appropriated to Coast Guard 
for 110-123 foot patrol boat conversions that are recovered, 
collected, or otherwise received as a result of negotiation, 
mediation, or litigation, shall be available until expended for 
the replacement patrol boat program. The House bill contained 
no similar provision.
    Section 524. The amended bill continues a provision 
proposed by the House and Senate extending the authorization of 
the Department's Working Capital Fund in fiscal year 2008.
    Section 525. The amended bill includes a new provision that 
prohibits obligation of funds provided in this Act to commence 
operations of the National Applications Office or the National 
Immigration Information Sharing Operation until the Secretary 
certifies that these programs comply with all existing laws and 
that certification is reviewed by GAO.
    Section 526. The amended bill continues and modifies a 
provision proposed by the House and Senate requiring the Chief 
Financial Officer to submit monthly budget execution and 
staffing reports within 45 days after the close of each month. 
These reports are to include the number of contract employees 
by office as proposed by the Senate.
    Section 527. The amended bill continues a provision as 
proposed by the House and the Senate relating to undercover 
investigative operations authority of the Secret Service.
    Section 528. The amended bill continues a provision 
proposed by the House prohibiting the use of funds to 
contravene the Federal buildings performance and reporting 
requirements of Executive Order 13123, part 3 of title V of the 
National Energy Conservation Policy Act (42 U.S.C. 8251 et 
seq.), or subtitle A of title I of the Energy Policy Act of 
2005. The Senate bill contained no similar provision.
    Section 529. The amended bill continues a provision 
proposed by the House classifying the functions of instructor 
staff at FLETC as inherently governmental for purposes of the 
Federal Activities Inventory Reform Act of 1998. The Senate 
bill contained a similar provision.
    Section 530. The amended bill includes a provision proposed 
by the House prohibiting the use of funds to contravene section 
303 of the Energy Policy Act of 1992. The Senate bill contained 
no similar provision.
    Section 531. The amended bill includes a provision proposed 
by the House prohibiting the use of funds in contravention of 
Executive Order 13149 relating to fleet and transportation 
efficiency. The Senate bill contained no similar provision.
    Section 532. The amended bill continues and modifies a 
provision on Coast Guard contracting and the Integrated 
Deepwater Systems program as proposed by the House. The Senate 
bill contained no similar provision.
    Section 533. The amended bill includes a new provision 
proposed by the House that prohibits the obligation of funds 
for the development, testing, deployment, or operation of any 
system related to MAX-HR or any subsequent, but related human 
resources management project, until pending litigation, legal 
claims or appeals have been fully resolved. The Senate bill 
contained no similar provision.
    Section 534. The amended bill includes a new provision 
proposed by the Senate on preemption of state or local chemical 
facility security standards. The House bill contained a similar 
provision but also included information classification 
requirements.
    Section 535. The amended bill includes and modifies a new 
provision proposed by the House that requires U.S. Customs and 
Border Protection (CBP) Officers to offer the ability to be 
classified as law enforcement officers. The Senate bill 
contained no similar provision.
    Section 536. The amended bill continues and modifies a 
provision proposed by the House regarding the enforcement of 
section 4025(1) of Public Law 108-458 regarding butane 
lighters. The Senate bill contained no similar provision.
    Section 537. The amended bill includes a provision proposed 
by the House and Senate prohibiting the Secretary of Homeland 
Secretary from altering or reducing Coast Guard's civil 
engineering program except as specifically authorized in 
statute after enactment of this Act.
    Section 538. The amended bill includes a new provision 
reducing the cumulative amount provided to the Office of the 
Secretary and Executive Management and the Office of the Under 
Secretary for Management by $5,000,000 to reflect management 
efficiencies. The Secretary shall notify the Committees on 
Appropriations within 30 days of the date of enactment of this 
Act regarding the spread of these efficiency savings by account 
and within the account, by program, project and activity 
detailed in the table located in the back of the explanatory 
statement.
    Section 539. The amended bill includes a new provision 
proposed by the House prohibiting the obligation of funds to 
the Office of the Secretary and Executive Management, the 
Office of the Under Secretary for Management, and the Office of 
the Chief Financial Officer for grants or contracts awarded by 
any means other than full and open competition. Certain 
exceptions apply. The amended bill also requires the Inspector 
General to review Departmental contracts awarded 
noncompetitively and report on the results to the Committees on 
Appropriations. The Senate bill contained a similar provision.
    Section 540. The amended bill includes a new provision 
proposed by the House that permits one time judicial review of 
the aviation security and infrastructure fee and limits those 
amounts made available by the authority in the Department of 
Homeland Security Appropriations Act for Fiscal Year 2005 
(Public Law 108-334). The Senate bill contained no similar 
provision.
    Section 541. The amended bill includes and modifies a new 
provision proposed by the House that prohibits funding for any 
position designated as a Principal Federal Official (PFO) 
during a Stafford Act declared disaster or emergency. This 
prohibition shall apply to PFOs, successors to that position, 
and any similar position created by the Department. The 
Committees on Appropriations are concerned that the Department 
has not defined a clear role for the PFO and that the position 
conflicts with the Federal Coordinating Official's (FCO) role 
during Presidentially-declared disasters and emergencies. 
States and emergency management organizations have also 
expressed concern that use of both an FCO and PFO lead to 
confusion in the field following disasters and undermines 
FEMA's emergency management role. The Committees on 
Appropriations understand from the Department that there may be 
instances in which FEMA should not be the lead agency in charge 
of response, such as a pandemic outbreak or an Olympic event, 
and therefore limit the prohibition to Presidentially-declared 
disasters or emergencies that require Stafford Act assistance. 
The prohibition also does not apply to major non-Stafford Act 
responses that may include a Stafford Act component. In 
instances when a PFO is designated, the Department is expected 
to work with State and local governments and other Federal 
partners to clearly define the role of the PFO and ensure there 
is no conflict with the well-tested role of the FCO. The 
Department must work with all homeland security partners to 
achieve common understanding regarding incident management. The 
Senate bill contained no similar provision.
    Section 542. The amended bill includes a new provision 
proposed by the House regarding the collection of airport 
security badges. The Senate bill contained no similar 
provision.
    Section 543. The amended bill includes and modifies a new 
provision proposed by the House prohibiting funding to grant an 
immigration benefit to any individual unless the results of 
background checks required in statute to be completed prior to 
the grant of the benefit have been received by DHS. The Senate 
bill contained no similar provision.
    Section 544. The amended bill includes a new provision 
proposed by the Senate prohibiting use of funds to destroy or 
put out to pasture any horse or other equine belonging to the 
Federal government unless adoption has been offered first. The 
House bill contained a similar provision.
    Section 545. The amended bill includes a new provision 
proposed by the Senate that extends the implementation deadline 
for the Western Hemisphere Travel Initiative (WHTI) to June 1, 
2009, or three months after the Department of State and DHS 
certification occurs, whichever is later. The House bill 
contained a provision that prohibited funds to be used to 
implement any plan for WHTI before June 1, 2009.
    Section 546. The amended bill includes a provision proposed 
by the House and Senate that precludes DHS from using funds in 
this Act to carry out reorganization authority.
    Section 547. The amended bill includes and modifies a new 
provision proposed by the Senate regarding the use of the 
National Center for Critical Information Processing and Storage 
data center. The House bill contained no similar provision.
    Senate 548. The amended bill includes a new provision as 
proposed by the Senate that prohibits funds from being used to 
reduce the Coast Guard's Operations Systems Center mission or 
its government-employed or contract staff. The House bill 
contained no similar provision.
    Section 549. The amended bill includes a new provision 
prohibiting funds to be used to conduct or implement the 
results of a competition under Office of Management and Budget 
Circular A-76 with respect to the Coast Guard National Vessel 
Documentation Center.
    Section 550. The amended bill includes a new provision as 
proposed by the Senate that permits TSA to transfer up to 
$24,000,000 from prior year balances to the Secure Flight 
program after the Committees on Appropriations receive and 
approve an expenditure plan for such funds. Bill language 
specifies programs that may not be utilized. The House bill 
contained no similar provision.
    Section 551. The amended bill includes and modifies a 
provision that rescinds $59,286,537 from unobligated balances 
of funds transferred to DHS when it was created in 2003 instead 
of $55,273,000 as rescinded in the House bill and $45,000,000 
as rescinded in the Senate bill. Language is included that 
specifies which accounts cannot be rescinded. In addition, new 
language is included that rescinds a total of $28,833,463 in 
unobligated balances made available pursuant to Section 505 of 
Public Law 109-295, rescinds $8,480,000 from the 
Counterterrorism Fund, and $4,500,000 from TSA's expenses 
account. The majority of these rescissions were included as 
part of the budget amendment submitted by the President on 
November 6, 2007.
    Section 552. The amended bill includes and modifies a 
provision proposed by the Senate related to disaster assistance 
for educational agencies. Educational agencies include only 
those that provide for kindergarten through 12th grade. The 
Committees on Appropriations require FEMA to provide this 
assistance within 30 days of a request. The House bill 
contained no similar provision.
    Section 553. The amended bill includes a new provision 
proposed by the Senate making technical corrections to existing 
law to make border passages or tunnels a criminal offense. The 
House bill contained no similar provision.
    Section 554. The amended bill includes a new provision 
proposed by the Senate pertaining to sexual abuse of 
individuals held in custody at the direction of the Federal 
government. The House bill contained no similar provision.
    Section 555. The amended bill includes a new provision 
proposed by the Senate requiring the Secretary to establish and 
maintain a direct link to the DHS Office of Inspector General 
on the DHS website. The House bill contained no similar 
provision.
    Section 556. The amended bill includes a new provision 
proposed by the Senate that requires the Secretary to link all 
contracts that provide award fees to successful acquisition 
outcomes. The House bill contained no similar provision.
    Section 557. The amended bill includes a new provision 
proposed by the Senate prohibiting the obligation of funds for 
the Office of Secretary and Executive Management for any new 
hires at DHS if they are not verified through the basic pilot 
program of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996.
    Section 558. The amended bill continues language contained 
in Public Law 109-295 related to prescription drugs. The Senate 
bill modified this language. The House bill contained no 
similar provision.
    Section 559. The amended bill includes a new provision 
proposed by the Senate prohibiting funds available in this Act 
from being used to implement a rule or regulation which 
implements the notice of proposed rulemaking related to 
Petitions for Aliens to Perform Temporary Nonagricultural 
Services or Labor (H-2B) set out beginning on 70 Federal 
Register 3984 (January 27, 2005). The House bill contained no 
similar provision.
    Section 560. The amended bill includes a new provision 
regarding FEMA assistance provided for DR-845.
    Section 561. The amended bill includes a modified provision 
proposed by the Senate regarding FEMA assistance for Hurricane 
Rita. The House bill contained no similar provision.
    Section 562. The amended bill includes a new provision 
regarding FEMA assistance for Super Typhoon Paka and the 
Malojloj hardfill fire.
    Section 563. The amended bill includes and modifies a new 
provision proposed by the Senate regarding the secure handling 
of ammonium nitrate. The Senate bill language has been modified 
at the request of the authorizing committees. The House bill 
contained no similar provision.
    Section 564. The amended bill includes and modifies a new 
provision proposed by the Senate to amend the Secure Fence Act 
of 2006, requiring the Secretary to complete construction of 
370 miles of fencing, or other mileage as determined by the 
Secretary, on the Southwest border by December 31, 2008, and 
requiring the Secretary to consult with Federal agencies, State 
and local governments, and property owners on such construction 
to minimize adverse impacts on the environment and local 
communities. No funds provided in this Act for Border Security 
Fencing, Infrastructure, and Technology may be obligated unless 
the Secretary complies with the consultation requirement.
    Section 565. The amended bill includes a new provision 
proposed by the Senate that establishes an international 
registered traveler program, sets dates for rulemaking and 
implementation activities, and authorizes the collection of 
fees to support this program. The House bill contained no 
similar provision.
    Section 566. The amended bill includes a new provision 
proposed by the Senate requiring GAO to study DHS's use of 
shared border management.
    Section 567. The amended bill includes a new provision 
proposed by the Senate prohibiting funds for planning, testing, 
piloting or developing a national identification card. The 
House bill contained no similar provision.
    Section 568. The amended bill includes a new provision 
proposed by the Senate repealing TSA's acquisition management 
system within 180 days after enactment, thereby making TSA 
subject to the Federal Acquisition Regulation. The House bill 
contained no similar provision.
    Section 569. The amended bill includes a new provision 
proposed by the Senate requiring FEMA to report on damage 
assessment information used to determine if a disaster should 
be declared and requiring this report to be placed on FEMA's 
website unless it compromises national security. The House bill 
contained no similar provision.
    Section 570. The amended bill includes a new provision 
proposed by the Senate that allows the Mineta Transportation 
Institute to be included as a member of the National 
Transportation Security Center of Excellence. The House bill 
contained no similar provision.
    Section 571. The amended bill includes a new provision on 
the TSA's registered traveler program.
    Section 572. The amended bill includes a new provision 
extending other transactional authority of DHS through fiscal 
year 2008.
    Section 573. The amended bill includes a new provision 
rescinding and reappropriating funds previously allocated to 
the State of Mississippi.

                         PROVISIONS NOT ADOPTED

    The amended bill does not include section 516 of the House 
bill pertaining to the amount of air cargo screened. The 
Committees on Appropriations note that the 9/11 Act, which was 
signed into law after the House passed its version of the bill, 
include air cargo screening requirements.
    The amended bill does not include section 523 of the House 
bill and section 525 of the Senate bill pertaining to the 
Disaster Relief report. These provisions are addressed in the 
amended bill and the explanatory statement under FEMA.
    The amended bill does not include section 536 of the House 
bill prohibiting funds in this Act for a grant or a contract 
that does not comply with Davis Bacon, with an exception for 
national emergencies.
    The amended bill does not include section 545 of the House 
bill pertaining to critical infrastructure vulnerability. This 
provision is addressed in the explanatory statement under the 
National Protection and Programs Directorate (NPPD).
    The amended bill does not include section 547 of the House 
bill relating to a limitation on funds to be used in 
contravention of section 642(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996.
    The amended bill does not include section 548 of the House 
bill and section 572 of the Senate bill pertaining to 
firefighter assistance grants. These provisions are addressed 
in the explanatory statement under FEMA.
    The amended bill does not include section 538 of the Senate 
bill pertaining to the development of a plan to control and 
manage Carrizo cane. This provision is addressed in the 
explanatory statement under CBP.
    The amended bill does not include section 544 of the Senate 
bill prohibiting the use of funds to remove offenses from the 
list of criminal offenses disqualifying individuals from 
receiving a Transportation Worker Identification Credential. 
The Committees on Appropriations note that the 9/11 Act, which 
was signed into law after the House and Senate passed their 
versions of the bills, specifically provides authority for the 
Secretary to modify the list of offenses by rulemaking. TSA 
believes that the public will be more fairly served if 
disqualifying offenses are determined based on considered 
analysis using threat and intelligence information as to an 
offense's relationship to terrorism.
    The amended bill does not include section 546 of the Senate 
bill requiring the President to ensure operational control of 
all international land and maritime borders is achieved and to 
report every 90 days. This provision is addressed in the 
explanatory statement under CBP.
    The amended bill does not include section 547 of the Senate 
bill relating to funding to ensure State and local employers 
have access to the employment eligibility verification system. 
This provision is addressed in the explanatory statement under 
United States Citizenship and Immigration Services (USCIS).
    The amended bill does not include section 549 of the Senate 
bill relating to the development of a national strategy for the 
use of closed circuit television systems. This provision is 
addressed in the explanatory statement under NPPD.
    The amended bill does not include section 552 of the Senate 
bill relating to the 2010 Vancouver Olympic and Paralympic 
games. This provision is addressed in the explanatory statement 
under the Office of the Secretary and Executive Management.
    The amended bill does not include section 554 of the Senate 
bill relating to grants and contracting systems accountability. 
This provision is addressed in the explanatory statement under 
FEMA.
    The amended bill does not include section 557 of the Senate 
bill relating to a report on the performance and standards 
system of TSA. This provision is addressed in the explanatory 
statement under TSA.
    The amended bill does not include section 559 of the Senate 
bill pertaining to the authorized level for the border law 
enforcement relief grant program.
    The amended bill does not include section 560 of the Senate 
bill pertaining to a GAO study on the cost of fencing on the 
southern border. This provision is addressed in the explanatory 
statement under CBP.
    The amended bill does not include section 561 of the Senate 
bill comprising a sense of the Senate on border security and 
immigration reforms. This provision is addressed in the 
explanatory statement under U.S. Immigration and Customs 
Enforcement.
    The amended bill does not include section 562 of the Senate 
bill requiring CBP to report on the training its personnel 
receive to effectively assist the Food and Drug Administration 
in monitoring our Nation's food supply. This provision is 
addressed in the explanatory statement under CBP.
    The amended bill does not include section 563 of the Senate 
bill regarding the voluntary emergency services program. This 
provision is addressed in the explanatory statement under TSA.
    The amended bill does not include section 564 of the Senate 
bill prohibiting funds appropriated or otherwise made available 
in this Act to be used to enter into a contract greater than 
$5,000,000 or to award a grant in excess of such amount unless 
the prospective contractor or grantee certifies in writing that 
they owe no unpaid Federal tax assessments. The Committees on 
Appropriations are aware of a pending federal regulation to 
address this issue.
    The amended bill does not include section 565 of the Senate 
bill regarding transportation facility access control programs 
in the State of Florida. This provision is addressed in the 
explanatory statement under TSA.
    The amended bill does not include section 567 of the Senate 
bill amending the Federal Fire Prevention and Control Act of 
1974 to clarify fire prevention programs include planning and 
preparation activities. This provision is addressed in the 
explanatory statement under FEMA.
    The amended bill does not include section 568 of the Senate 
bill on the need to increase CBP officers and agents on the 
Northern Border. This provision is addressed in the explanatory 
statement under CBP.
    The amended bill does not include section 569 of the Senate 
bill requiring the Secretary to study areas along the 
international borders to determine where Federal and state law 
enforcement officers are unable to achieve adequate radio 
communication and develop a plan to enhance these capabilities. 
This provision is addressed in the explanatory statement under 
the Office of the Secretary and Executive Management.
    The amended bill does not include section 570 of the Senate 
bill requiring USCIS to provide not less than $1,000,000 for 
fraud risk assessment relating to the H-1B visa program. This 
provision is addressed in the explanatory statement under 
USCIS.
    The amended bill does not include section 571 of the Senate 
bill requiring a report on interagency operational centers for 
port security. This provision is addressed in the explanatory 
statement under Coast Guard.
    The amended bill does not include section 574 of the Senate 
bill requiring GAO to report on UASI regions and ways to better 
facilitate a regional approach. This provision is addressed in 
the explanatory statement under FEMA.
    The amended bill does not include section 575 of the Senate 
bill permitting funds to be used for temporary employment of 
professional staff relating to assistance for Greensburg, 
Kansas. This provision is addressed within another division of 
this amended bill.
    The amended bill does not include section 578 of the Senate 
bill providing $100,000,000 to State and local law enforcement 
entities for security associated with the national party 
conventions in Denver and St. Paul. This funding is provided 
within another division of this amended bill.

      TITLE VI--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

    The amended bill includes and modifies the ``Border 
Infrastructure and Technology Modernization'' title of the 
Senate bill. The House bill contained no similar matter.

                   Border Law Enforcement Relief Act

    The amended bill does not include Title VI of the Senate 
bill, ``Border Law Enforcement Relief Act.'' The House bill 
contained no similar matter. These matters are addressed in 
Titles I-IV of the amended bill and the accompanying 
explanatory statement.

                      DIVISION B--BORDER SECURITY


                 TITLE X--BORDER SECURITY REQUIREMENTS

    The amended bill does not include Title X of the Senate 
bill, ``Border Security Requirements.'' The House bill 
contained no similar matter. The amended bill includes 
$3,000,000,000 of emergency funding for border security 
requirements. These matters are addressed in Titles I-IV and 
other Divisions of the amended bill and the accompanying 
explanatory statement.

    Disclosure of Earmarks and Congressional Directed Spending Items

    Following is a list of congressional earmarks and 
congressionally directed spending items (as defined in clause 9 
of rule XXI of the Rules of the House of Representatives and 
rule XLIV of the Standing Rules of the Senate, respectively) 
included in the House amendment or this explanatory statement, 
along with the name of each Senator, House Member, Delegate, or 
Resident Commissioner who submitted a request to the Committee 
of jurisdiction for each item so identified. Items which did 
not appear in the House or Senate versions of H.R. 2638 or the 
accompanying committee reports are marked with an asterisk. 
Neither the House amendment nor the explanatory statement 
contains any limited tax benefits or limited tariff benefits as 
defined in the applicable House and Senate rules.

                                                             DEPARTMENT OF HOMELAND SECURITY
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Account                                         Project                               Funding                      Member
--------------------------------------------------------------------------------------------------------------------------------------------------------
CIO                                 National Center for Critical Information Processing and       $35,500,000  Thad Cochran
                                     Storage new construction, MS
--------------------------------------------------------------------------------------------------------------------------------------------------------
* CBP Salaries and Expenses         Real World testing of Crane-mounted radiation detection         2,000,000  David Price
--------------------------------------------------------------------------------------------------------------------------------------------------------
* CBP Air and Marine Interdiction,  Wireless surveillance at Commercial and General Aviation        6,000,000  Bob Etheridge
 Operations, Maintenance, and        airports, Wireless Access Surveillance Program
 Procurement
--------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction                    Advanced Training Center, WV                                   39,700,000  Robert Byrd
--------------------------------------------------------------------------------------------------------------------------------------------------------
* TSA Aviation Security             Deployable flight deck and voice recorders and remote           3,500,000  David Price
                                     location recording devices
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Coast Guard Operating Expenses    Center of excellence in logistics and technology (logtech)        450,000  David Price
                                     educational programs, NC
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Coast Guard Operating Expenses    Operation Systems Center, WV                                    3,600,000  Robert Byrd
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Coast Guard Acquisition,          Consolidate Sector Buffalo, NY                                  3,100,000  Brian Higgins
 Construction, and Improvements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges   Elgin, Joliet, and Eastern Railway Company Bridge, Morris,      2,000,000  Richard Durbin, Ray LaHood, Jerry Weller
                                     IL
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges   Burlington Northern Railroad Bridge, Burlington, IA             1,000,000  Tom Harkin
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges   Chelsea Street Bridge, Chelsea, MA                              2,000,000  Edward Kennedy, John Kerry, Michael
                                                                                                                Capuano
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges   Canadian Pacific Railway Bridge, La Crosse, WI                  3,500,000  Herb Kohl, Ron Kind
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges   Fourteen Mile Bridge, Mobile, AL                                3,750,000  Richard Shelby, Spencer Bachus, Jo Bonner
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges   Galveston Causeway Bridge, Galveston, TX                        3,750,000  Kay Bailey Hutchison, John Culberson, Ron
                                                                                                                Paul, Ted Poe
--------------------------------------------------------------------------------------------------------------------------------------------------------
* NPPD Infrastructure Protection    Philadelphia Infrastructure Monitoring Program, PA              2,000,000  Chaka Fattah
 and Information Security
--------------------------------------------------------------------------------------------------------------------------------------------------------
* NPPD Infrastructure Protection    State and Local Cybersecurity Training, University of           4,000,000  Ciro Rodriguez
 and Information Security            Texas, San Antonio, TX
--------------------------------------------------------------------------------------------------------------------------------------------------------
* NPPD Infrastructure Protection    Capital Wireless Information Net, University of Maryland,       6,100,000  Steny Hoyer, Chris Van Hollen
 and Information Security            MD
--------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and  National Infrastructure Simulation and Analysis Center, NM     20,000,000  The President, Pete Domenici
 Information Security
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Management and               Galveston direct messaging pilot program, TX                    1,000,000  Nick Lampson
 Administration
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs       National Domestic Preparedness Consortium                      88,000,000  The President
                                                                                                               House--Richard Baker, Joe Barton, Kevin
                                                                                                                Brady, John Carter, Chet Edwards, Kay
                                                                                                                Granger, Ruben Hinojosa, Bobby Jindal,
                                                                                                                Solomon P. Ortiz, Ciro Rodriguez
                                                                                                               Senate--John Cornyn, Pete Domenici, Kay
                                                                                                                Bailey Hutchison, Mary Landrieu, Harry
                                                                                                                Reid, David Vitter
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs       Center for Domestic Preparedness                               62,500,000  The President, Richard Shelby
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA State and Local Programs     Rural Domestic Preparedness Consortium                          8,800,000  Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    FOR INFRASTRUCTURE IMPROVEMENTS, ANALYSIS, AND OTHER
                                     ACTIVITIES FOR
                                    DISASTER MITIGATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Ludlowville Flood Mitigation project, New York State              200,000  Michael Arcuri
                                     Emergency Management Office, NY
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Albany, GA                                                300,000  Sanford Bishop
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Sumter County Commission, GA                                      300,000  Sanford Bishop
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Neodesha, KS                                              200,000  Nancy Boyda
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Adjutant General's Office of Emergency Preparedness, for        3,000,000  James Clyburn
                                     projects in Santee and Manning, SC
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Bosque County, TX                                                  40,000  Chet Edwards
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Town of Clifton Park, NY                                           94,000  Kirsten Gillibrand
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Calvert County Government, MD                                     187,500  Steny Hoyer
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Charles County Government, MD                                     106,500  Steny Hoyer
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       St. Mary's County Government, MD                                  184,619  Steny Hoyer
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Detroit, MI                                             1,600,000  Carolyn Kilpatrick
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Coconut Creek, FL                                         200,000  Ron Klein
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Emeryville, CA                                            600,000  Barbara Lee
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Rye and Village of Rye Brook, NY                          250,000  Nita Lowey
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Yardley Borough, PA                                               250,000  Patrick Murphy
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Stanley, WI                                               630,000  David Obey
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Dalton Fire District, MA                                          750,000  John Olver
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Department of Emergency Management for the City and County      1,000,000  Nancy Pelosi
                                     of San Francisco, CA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Arvada, CO                                                200,000  Ed Perlmutter
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       North Carolina Department of Crime Control and Public           1,600,000  David Price
                                     Safety, NC
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Los Angeles, CA                                            13,500  Lucille Roybal-Allard
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Cudahy, CA                                                 65,000  Lucille Roybal-Allard
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Los Angeles Unified School District, CA                         1,000,000  Lucille Roybal-Allard
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       North Carolina Department of Agriculture, NC                      400,000  Heath Shuler
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Jackson County Board of Supervisors, MS                           250,000  Gene Taylor
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Town of Dyer, IN                                                  550,000  Peter Visclosky
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of St. Charles, MN                                           100,000  Tim Walz
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Public Works Department of Winona County, MN                      100,000  Tim Walz
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Louisville's Emergency Management Agency, KY              200,000  John Yarmuth
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Northampton and Lehigh Counties, PA                             1,000,000  Charles Dent
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Commonwealth of Pennsylvania, Department of Conservation          990,000  Phil English
                                     and Natural Resources, Presque Isle State Park, PA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Cumberland County Public Schools, VA                              400,000  Virgil Goode
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of St. Joseph, MO                                          1,000,000  Sam Graves
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Kannapolis, NC                                            625,000  Robin Hayes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Monroe County Office of Emergency Preparedness, NY              1,000,000  John Kuhl
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Sandy Creek Township, City of Franklin, PA                      1,000,000  John Peterson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Pierce County, WA                                                 500,000  David Reichert
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Cumberland, KY                                          2,000,000  Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       University of Kentucky, Department of Civil Engineering, KY       200,000  Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Norwalk, CT                                               505,000  Christopher Shays
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Onondaga County, NY                                               500,000  James Walsh
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Onondaga County, for Oswego River Basin, NY                       500,000  James Walsh
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of St. Petersburg, for shelter hardening, FL                 750,000  Bill Young
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of St. Petersburg, for facility hardening, FL                750,000  Bill Young
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Fitzgerald, GA                                             75,000  Jim Marshall
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Ashburn, GA                                                75,000  Jim Marshall
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Butts County Public Works Department, GA                           30,000  Jim Marshall
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Monticello, GA                                             50,000  Jim Marshall
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Haleyville, AL                                          1,000,000  Robert Aderholt
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Myrtle Beach, SC                                          500,000  Henry Brown
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Georgetown, TX                                          1,000,000  John Carter
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Missouri City, TX                                         200,000  Nick Lampson
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    FOR ACQUISITION, DEMOLITION AND RELOCATION OF PROPERTY FOR
                                     DISASTER
                                    MITIGATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Chatham County Emergency Management, GA                           200,000  John Barrow
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Davenport, IA                                             200,000  Bruce Braley
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Wayne County Commissioners, PA                                    200,000  Christopher Carney
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Plymouth, IN                                              200,000  Joe Donnelly
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Armstrong County, PA                                            1,000,000  John Murtha
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Holmes County Commission, OH                                      200,000  Zachary Space
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Harris County Flood Control District, TX                        1,000,000  John Culberson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Fort Worth, TX                                          1,000,000  Kay Granger
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Kannapolis, NC                                            400,000  Robin Hayes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Town of Pembroke, NH                                              150,000  Paul Hodes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Greensburg, KY                                            500,000  Ron Lewis
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Town of Martin, KY                                              1,350,000  Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Cumberland, KY                                            650,000  Harold Rogers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    FOR RISK IDENTIFICATION, PLANNING, COMMUNICATION, RESPONSE
                                     COORDINATION, AND MODELING ACTIVITIES FOR DISASTER
                                     MITIGATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Des Moines, IA                                                    200,000  Leonard Boswell
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Radford University, VA                                            200,000  Rick Boucher
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Washington Military Department, WA                              1,000,000  Norman Dicks
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Public Works Department of the City of Santa Cruz, CA              90,000  Sam Farr
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Town of Epsom, NH                                                  50,000  Paul Hodes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Westchester and Rockland Counties, NY                           1,000,000  Nita Lowey
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Village of Elmsford, NY                                            30,000  Nita Lowey
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Arlington County, VA                                              260,000  James Moran
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Franklin Regional Council of Governments, MA                      100,000  John Olver
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       North Carolina Department of Crime Control and Public           3,400,000  David Price
                                     Safety, NC
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Alpine, TX                                                100,000  Ciro Rodriguez
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Del Rio, TX                                               600,000  Ciro Rodriguez
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Lehman College, NY                                              1,000,000  Jose Serrano
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Broward County, FL                                                500,000  Debbie Wasserman Schultz
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Southeast Missouri State University, MO                           430,000  Jo Ann Emerson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Williamstown Lake, Grant and Pendleton Counties, KY               500,000  Geoff Davis
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Whitehall, OH                                             500,000  David Hobson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Hampton, VA                                               250,000  Thelma Drake
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Santa Clara County, CA                                            250,000  Michael Honda
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Regional Joint Readiness Center, Pittsburgh, PA                   500,000  Jason Altmire, Mike Doyle, Tim Murphy
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    FOR EMERGENCY ALERT AND NOTIFICATION SYSTEMS
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Detroit, MI                                               485,000  Carolyn Kilpatrick
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Los Angeles, CA                                           100,000  Lucille Roybal-Allard
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Jasper County Government, IN                                      215,000  Peter Visclosky
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Belton, MO                                                150,000  Emanuel Cleaver
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       City of Smithville, MO                                            200,000  Sam Graves
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Local Emergency Planning Committee, Town of Needham, MA           200,000  Stephen Lynch
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    FOR WILDFIRE MITIGATION ACTIVITIES
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Washington County and Washington County Department of             200,000  Jim Matheson
                                     Public Works, UT
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Arrowhead Regional Development Commission, MN                     450,000  James Oberstar
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       San Bernardino County Fire Department, CA                       1,500,000  Jerry Lewis
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FEMA Predisaster Mitigation       Idaho Bureau of Homeland Security, ID                             600,000  Mike Simpson
--------------------------------------------------------------------------------------------------------------------------------------------------------
* US Citizenship and Immigration    Citizens Advice Bureau, NY                                        150,000  Jose Serrano
 Services
--------------------------------------------------------------------------------------------------------------------------------------------------------
* US Citizenship and Immigration    Bronx project, Northern Manhattan Coalition for Immigrant         300,000  Jose Serrano
 Services                            Rights, NY
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLETC, Acquisition, Construction,   Artesia Training and Related Facilities new construction,       3,320,000  Pete Domenici
 Improvements, and Related           NM
 Expenses
--------------------------------------------------------------------------------------------------------------------------------------------------------
* S&T Research, Development,        RTI International, NC                                           7,500,000  David Price
 Acquisition, and Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development,          Southeast Regional Research Institute                          27,000,000  Lamar Alexander, Thad Cochran, Bob Corker
 Acquisition, and Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development,          Regional Technology Integration                                 9,500,000  The President, Dianne Feinstein
 Acquisition, and Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* S&T Research, Development,        Naval Postgraduate School, CA                                   2,000,000  The President, Sam Farr
 Acquisition, and Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* S&T Research, Development,        Community-Based Critical Infrastructure Protection             11,000,000  Harold Rogers
 Acquisition, and Operations         Institute, KY
--------------------------------------------------------------------------------------------------------------------------------------------------------
* S&T Research, Development,        National Transportation Security Center of Excellence           4,000,000  Rosa DeLauro, John Boozman, Joe Courtney,
 Acquisition, and Operations;                                                                                   John Larson, Zoe Lofgren, Christopher
 General Provision                                                                                              Murphy, Mike Ross, Vic Snyder, Dianne
                                                                                                                Feinstein
--------------------------------------------------------------------------------------------------------------------------------------------------------
DNDO, Research, Development and     Intermodal Radiation Test Center, WA                            5,500,000  Patty Murray
 Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* General Provision                 Pajaro Valley Community Health Trust, CA                                   Sam Farr
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision                   Peebles School, LA                                                         Mary Landrieu
--------------------------------------------------------------------------------------------------------------------------------------------------------
* General Provision                 Guam                                                                       Daniel Inouye, Madeleine Bordallo, Mary
                                                                                                                Landrieu
--------------------------------------------------------------------------------------------------------------------------------------------------------
* General Provision                 Communications system, MS                                                  Thad Cochran
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------

                        Funding Recommendations

    The amended bill detailed funding recommendations for 
programs are contained in the table listed below.
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                  AMENDED BILL TOTAL--WITH COMPARISONS

    The total new budget (obligational) authority for fiscal 
year 2008 provided in the amended bill, with comparisons to the 
fiscal year 2007 amount, the 2008 budget estimates, and the 
House and Senate bills for 2008 follow;

                        [In thousands of dollars]

New budget (obligational) authority, fiscal year 2007...     $40,307.323
Budget estimates of new (obligational) authority, fiscal 
    year 2008...........................................      35,497,333
House bill, fiscal year 2008............................      37,446,480
Senate bill, fiscal year 2008...........................      40,623,434
Amended bill, fiscal year 2008..........................      38,746,643
Amended bill compared with:
    New budget (obligational) authority, fiscal year 
      2007..............................................      -1,560,680
    Budget estimates of new (obligational) authority, 
      fiscal year 2008..................................      +3,249,310
    House bill, fiscal year 2008........................      +1,300,163
    Senate bill, fiscal year 2008.......................      -1,876,791