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H.R. 2638 (110th): Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009


The text of the bill below is as of Jun 8, 2007 (Reported by House Committee).


HR 2638 RH

Union Calendar No. 106

110th CONGRESS

1st Session

H. R. 2638

[Report No. 110-181]

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 8, 2007

Mr. PRICE of North Carolina, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed


A BILL

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes, namely:

TITLE I--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, $102,930,000: Provided, That not to exceed $40,000 shall be for official reception and representation expenses.

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), $237,765,000, of which not to exceed $3,000 shall be for official reception and representation expenses: Provided, That of the total amount provided, $6,000,000 shall remain available until expended solely for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters operations and $300,000 shall remain available until expended by the Federal Law Enforcement Training Accreditation Board for the needs of Federal law enforcement agencies participating in training accreditation: Provided further, That no funding provided under this heading may be used to design, build, or relocate any Departmental activity to the Saint Elizabeths campus until the Department submits to the Committees on Appropriations of the Senate and the House of Representatives: (1) the published U-Visa rule, and (2) a detailed expenditure plan for checkpoint support and explosive detection systems refurbishment, procurement, and installations on an airport-by-airport basis for fiscal year 2008.

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), $32,000,000.

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, $258,621,000; of which $79,921,000 shall be available for salaries and expenses; and of which $178,700,000 shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security, to remain available until expended: 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 with an estimated cost of $2,500,000 or more: 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: Provided further, That notwithstanding any other provision of law, none of the funds made available in this or any other Act may be obligated to provide for the oversight or management of the Integrated Wireless Network program by any employee of the Office of the Chief Information Officer.

Analysis and Operations

    For necessary expenses for information analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $291,619,000, to remain available until September 30, 2009, of which not to exceed $5,000 shall be for official reception and representation expenses.

Office of the Federal Coordinator for Gulf Coast Rebuilding

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

Inspector General

OPERATING EXPENSES

    For necessary expenses of the Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $99,111,000, 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

United States 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; $6,629,733,000, 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)) 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 $207,740,000 shall be for Air and Marine Operations; of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; and of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided, That for fiscal year 2008, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated by this Act may be available to compensate any employee of United States Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies: 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 $100,000,000 may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive a report on the results of pilot programs 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 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 unobligated funds for the program from prior appropriations and all fiscal year 2008 funds are to be spent to meet future program commitments, with sufficient detail to link the planned expenditure of funds 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 written certification by the Chief Financial Officer of the Department of Homeland Security that the program has been reviewed and approved in accordance with the Department's investment management process, and that this 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 copies of all investment decision memoranda and supporting analyses generated by and used in the Department's process;

      (5) a written certification by the Chief Information Officer of the Department of Homeland Security that an independent validation and verification agent has and will continue to actively review the program, as well as summaries of reviews conducted by the agent during the preceding 12 months;

      (6) a written certification by the Chief Information Officer of the Department of Homeland Security that: the system architecture is sufficiently aligned with the department's information systems enterprise architecture 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; any associated risks; and corrective actions to address any such areas;

      (7) a written certification by the Chief Information Officer of the Department of Homeland Security 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 United States 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 written certification by the Chief Procurement Officer of the Department of Homeland Security 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 written certification by the Chief Human Capital Officer of the Department of Homeland Security that human capital needs of the program are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the plans discussed in the report.

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

    For expenses for customs and border protection fencing, infrastructure, and technology, $1,000,000,000, to remain available until expended: Provided, That of the amount provided under this heading, $700,000,000 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 60 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--

      (1) defines activities, milestones, and costs for implementing the program, including identification of the maximum investment related to the Secure Border Initiative network (SBInet) or successor contract, estimation of lifecycle costs, and description of the methodology used to obtain these cost figures;

      (2) demonstrates how activities will further the objectives of the Secure Border Initiative (SBI), as defined in the SBI multi-year strategic plan, and how the plan allocates funding to the highest priority border security needs;

      (3) identifies funding and staffing (including full-time equivalents, contractors, and detailees) requirements by activity;

      (4) describes how the plan addresses security needs at the Northern Border and the ports of entry, including infrastructure, technology, design and operations requirements;

      (5) reports 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;

      (6) includes an analysis by the Secretary, for each segment 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;

      (7) includes 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 SBI Program Office has adequate staff and resources to effectively manage the SBI program, SBInet 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;

      (8) complies with all applicable acquisition rules, requirements, guidelines, and best systems acquisition management practices of the Federal Government;

      (9) complies with the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7;

      (10) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and

      (11) 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 the obligation in excess of $100,000,000; and (2) prior to the award of a task order that would cause cumulative obligations 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 SBInet 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 fencing or tactical infrastructure on lands administered by the National Park Service, the United States Fish and Wildlife Service, the Forest Service, the Bureau of Indian Affairs, or the Bureau of Land Management unless the Secretary of Homeland Security coordinates such decision with that agency, and makes every effort to minimize impacts on wildlife and natural resources: Provided further, That none of the funds under this heading may be obligated for a fencing or tactical infrastructure project or activity unless the Secretary formally consults with affected State and local communities to solicit their advice and support of such project or activity: Provided further, That no 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, $477,287,000, to remain available until expended: Provided, That no aircraft or other related equipment, except aircraft that are one-of-a-kind and have been identified as excess to United States Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2008 without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That none of the funds under this heading may be obligated for procurement of additional unmanned aerial systems until the Commissioner of United States Customs and Border Protection certifies to the Committees on Appropriations of the Senate and House of Representatives that they are of higher priority and more cost effective than other items included in the Air and Marine Strategic Recapitalization and Modernization plan.

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, $249,663,000, to remain available until expended.

United States 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; $4,146,300,000, of which not to exceed $10,000,000 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; and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled illegal aliens: Provided, That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary of Homeland Security, or a 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 at least once per month the Secretary of Homeland Security or a designee of the Secretary shall obtain information from every prison, jail, and correctional facility in the United States to identify incarcerated aliens who may be deportable and make every reasonable effort to remove such aliens judged deportable upon their release from custody.

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 none of the funds provided in this or any other Act, and none of the revenues or collections of security fees credited to this account, may be obligated for any activity that reduces the number of in-service Federal Protective Service police officers below the number of such officers as of October 1, 2006, unless--

      (1) the Director of the Federal Protective Service provides to the head of the relevant lead State and local law enforcement agencies for the jurisdiction concerned a report on the number and type of cases handled by the Federal Protective Service police in that jurisdiction for the previous two fiscal years;

      (2) the Director of the Federal Protective Service negotiates a Memorandum of Agreement with the head of each relevant State and local law enforcement agency for the jurisdiction concerned that explains how the work identified in the report described in section (1) will be addressed in the future; and

      (3) the Director of the Federal Protective Service submits copies of each report under paragraph (1) and each memorandum under paragraph (2) to the Committees on Appropriations of the Senate and the House of Representatives by not later than 15 days before the number of in-service Federal Protective Service police officers is reduced for the concerned jurisdiction.

AUTOMATION MODERNIZATION

    For expenses of immigration and customs enforcement automated systems, $30,700,000, to remain available until expended: Provided, That none of the funds made available under this heading may 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 that--

      (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7;

      (2) complies with the Department of Homeland Security information systems enterprise architecture;

      (3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;

      (4) includes 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;

      (5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and

      (6) is reviewed by the Government Accountability Office.

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, $6,000,000, to remain available until expended: Provided, That none of the funds made available in this or any other 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 and approve a plan for carrying out that privatization.

Transportation Security Administration

AVIATION SECURITY

    For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,198,535,000, to remain available until September 30, 2009, of which not to exceed $10,000 shall be for official reception and representation expenses: Provided, That of the total amount made available under this heading, not to exceed $4,218,194,000 shall be for screening operations, of which $560,000,000 shall be available only for procurement and installation of checked baggage explosive detection systems; and not to exceed $980,116,000 shall be for aviation security direction and enforcement: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further, That the sum 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 $2,488,310,000: 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.

SURFACE TRANSPORTATION SECURITY

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

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

    For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat Assessment and Credentialing, $49,490,000, 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 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), $526,615,000, to remain available until September 30, 2009: Provided, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives no later than 60 days after the date of enactment of this Act a detailed expenditure plan for checkpoint support and explosive detection systems refurbishment, procurement, and installations on an airport-by-airport basis for fiscal year 2008: Provided, further, That notwithstanding any other provision of law, the acquisition management system shall be subject to the provisions of the Small Business Act (15 U.S.C. 631 et seq.).

FEDERAL AIR MARSHALS

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

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; payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $5,885,242,000, of which $340,000,000 shall be for defense-related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed $20,000 shall be for official reception and representation expenses: Provided, That none of the funds made available by this or any other Act shall be available for administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds made available by this Act shall be for expenses incurred for yacht documentation under section 12114 of title 46, United States Code, except to the extent fees are collected from yacht owners and credited to this appropriation.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

    For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 19 of title 14, United States Code, $15,000,000, 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; $941,767,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $9,200,000 shall be available until September 30, 2012, to acquire, repair, renovate, or improve vessels, small boats, and related equipment; of which $113,600,000 shall be available until September 30, 2010, for other equipment; of which $37,897,000 shall be available until September 30, 2010, for shore facilities and aids to navigation facilities; of which $82,720,000 shall be available for personnel compensation and benefits and related costs; and of which $698,350,000 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, $257,400,000 is for aircraft and $219,500,000 is for surface ships: Provided further, That $400,000,000 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) contains very limited indefinite delivery/indefinite quantity contracts and explains the need for any indefinite delivery/indefinite quantity contracts;

      (6) complies with all applicable acquisition rules, requirements, and guidelines, and incorporates the best systems acquisition management practices of the Federal Government;

      (7) complies with the capital planning and investment control requirements established by the Office of Management and Budget, including circular A-11, part 7;

      (8) includes a certification by the Head of Contracting Activity for the Coast Guard and the Chief Procurement Officer of the Department of Homeland Security that the Coast Guard has established sufficient controls and procedures and has sufficient staffing to comply with all contracting requirements and that any apparent conflicts of interest have been sufficiently addressed;

      (9) includes a description of the process used to act upon deviations from the contractually specified performance requirements and clearly explains the actions taken on such deviations;

      (10) includes a certification that the Assistant Commandant of the Coast Guard for Engineering and Logistics is designated as the technical authority for all engineering, design, and logistics decisions pertaining to the Integrated Deepwater Systems program;

      (11) identifies use of the Defense Contract Auditing Agency; and

      (12) is reviewed by the Government Accountability Office:

    Provided further, That the Commandant of the Coast Guard is authorized to dispose of surplus real property, by sale or lease, and the proceeds shall be credited to this appropriation as offsetting collections and shall be available until September 30, 2010: Provided further, That of amounts made available under this heading in Public Law 109-90 for the Offshore Patrol Cutter, $68,841,000 is rescinded: Provided further, That of amounts made available under this heading in Public Law 109-90 and Public Law 109-295 for unmanned aerial vehicles, $38,608,000 is rescinded: Provided further, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction with the President's fiscal year 2009 budget, a review of the Revised Deepwater Implementation Plan that identifies any changes to the plan for the fiscal year; an annual performance comparison of Deepwater assets to pre-Deepwater legacy assets; a status report of legacy assets; a detailed explanation of how the costs of legacy assets are being accounted for within the Deepwater program; and the earned value management system gold card data for each Deepwater asset: Provided further, That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives a comprehensive review of the Revised Deepwater Implementation Plan every five years, beginning in fiscal year 2011, that includes a complete projection of the acquisition costs and schedule for the duration of the plan through fiscal year 2027: Provided further, That the Secretary shall annually submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget is submitted under section 1105(a) of title 31, United States Code, a future-years capital investment plan for the Coast Guard that identifies for each capital budget line item--

      (1) the proposed appropriation included in that budget;

      (2) the total estimated cost of completion;

      (3) projected funding levels for each fiscal year for the next five fiscal years or until project completion, whichever is earlier;

      (4) an estimated completion date at the projected funding levels; and

      (5) changes, if any, in the total estimated cost of completion or estimated completion date from previous future-years capital investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives:

    Provided further, That the Secretary shall ensure that amounts specified in the future-years capital investment plan are consistent to the maximum extent practicable with proposed appropriations necessary to support the programs, projects, and activities of the Coast Guard in the President's budget as submitted under section 1105(a) of title 31, United States Code, for that fiscal year: Provided further, That any inconsistencies between the capital investment plan and proposed appropriations shall be identified and justified.

ALTERATION OF BRIDGES

    For necessary expenses for alteration or removal of obstructive bridges, as authorized by section 6 of the Act of July 16, 1952 (chapter 409; 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; $22,583,000, to remain available until expended, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation.

RETIRED PAY

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

United States Secret Service

SALARIES AND EXPENSES

    For necessary expenses of the United States Secret Service, including purchase of not to exceed 645 vehicles for police-type use 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; $1,392,171,000, of which not to exceed $25,000 shall be for official reception and representation expenses: 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 Executive agencies, 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: 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: Provided further, That notwithstanding section 503(b) of this Act, none of the funds provided to the United States Secret Service by this or any previous appropriations Act shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $2,500,000 or 5 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 5 percent funding for any existing program, project, or activity, or reduces by 5 percent numbers of personnel 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 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.

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, $40,346,000: Provided, That not to exceed $5,000 shall be for official reception and representation expenses.

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.), $532,881,000, of which $471,787,000 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), $462,000,000, to remain available until expended: Provided, That of the total amount made available under this heading, $232,000,000 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--

      (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7;

      (2) complies with the Department of Homeland Security information systems enterprise architecture;

      (3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;

      (4) includes 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;

      (5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget;

      (6) is reviewed by the Government Accountability Office;

      (7) includes a comprehensive strategic plan for the United States Visitor and Immigrant Status Indicator Technology project;

      (8) includes a complete schedule for the full implementation of a biometric exit program or a certification that such program is not possible within five years; and

      (9) includes a detailed accounting of operation and maintenance, contractor services, and program costs associated with the management of identity services:

    Provided further, That quarterly status reports on the US-VISIT program submitted to the Committees on Appropriations of the Senate and House of Representatives shall include reporting on coordination with Western Hemisphere Travel Initiative planning and implementation, the Secure Border Initiative, and other Departmental efforts that relate to US-VISIT goals and activities.

Office of Health Affairs

    For the necessary expenses of the Office of Health Affairs, $117,933,000; of which $25,750,000 is for salaries and expenses; and of which $92,183,000 is for biosurveillance, BioWatch, medical readiness planning, chemical response, and other activities, to remain available until September 30, 2009: Provided, That not to exceed $3,000 shall be for official reception and representation expenses.

Federal Emergency Management Agency

MANAGEMENT AND ADMINISTRATION

    For necessary expenses for management and administration of the Federal Emergency Management Agency, $685,000,000, 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.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed $3,000 shall be for official reception and representation expenses: Provided further, That of the total amount made available under this heading, $35,000,000 shall be for Urban Search and Rescue, of which not to exceed $1,600,000 may be made available for administrative costs: Provided further, That no less than $6,000,000 shall be for the Office of the National Capital Region Coordination.

STATE AND LOCAL PROGRAMS

    For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism prevention activities, notwithstanding any other provision of law, $3,101,000,000, which shall be allocated as follows:

      (1) $550,000,000 for formula-based grants and $400,000,000 for law enforcement terrorism prevention grants pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That the application for grants shall be made available to States within 45 days after the date of enactment of this Act; that States shall submit applications within 90 days after the grant announcement; and the Federal Emergency Management Agency shall act within 90 days after receipt of an application: Provided further, That not less than 80 percent of any grant under this paragraph to a State or to Puerto Rico shall be made available by the State or Puerto Rico to local governments within 60 days after the receipt of the funds.

      (2) $1,858,000,000 for discretionary grants, as determined by the Secretary of Homeland Security, of which--

        (A) $800,000,000 shall be for use in high-threat, high-density urban areas;

        (B) $400,000,000 shall be for port security grants pursuant to section 70107 of title 46, United States Code;

        (C) $10,000,000 shall be for trucking industry security grants;

        (D) $11,000,000 shall be for intercity bus security grants;

        (E) $400,000,000 shall be for intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code), freight rail, and transit security grants;

        (F) $50,000,000 shall be for buffer zone protection grants;

        (G) $20,000,000 shall be for Commercial Equipment Direct Assistance grants;

        (H) $50,000,000 shall be for Metropolitan Medical Response System grants;

        (I) $17,000,000 shall be for Citizen Corps grants;

        (J) $50,000,000 shall be for interoperable communications grants; and

        (K) $50,000,000 shall be for Real ID grants pursuant to Public Law 109-13:

      Provided, That for grants under subparagraph (A), the application for grants shall be made available to States within 45 days after the date of enactment of this Act; that States shall submit applications within 90 days after the grant announcement; and that the Federal Emergency Management Agency shall act within 90 days after receipt of an application: Provided further, That no less than 80 percent of any grant under this paragraph to a State shall be made available by the State to local governments within 60 days after the receipt of the funds: Provided further, That for grants under subparagraphs (B) through (K), the applications for such grants shall be made available for competitive award to eligible applicants not later than 75 days after the date of enactment of this Act, that eligible applicants shall submit applications not later than 45 days after the date of the grant announcement, and that the Federal Emergency Management Agency shall act on such applications not later than 60 days after the date on which such an application is received.

      (3) $293,000,000 for training, exercises, technical assistance, and other programs:

    Provided, That none of the grants provided under this heading shall be used for the construction or renovation of facilities, except for emergency operations centers: Provided further, That the preceding proviso shall not apply to grants under subparagraphs (B), (C), (D), (F), (G), (H), (I), (J), and (K) of paragraph (2) of this heading: 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 funds appropriated for law enforcement terrorism prevention grants under paragraph (1) of this heading and discretionary grants under paragraph (2)(A) of this heading shall be available for operational costs, including personnel overtime and overtime associated with certified training, as needed.

FIREFIGHTER ASSISTANCE GRANTS

    For grants authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), $800,000,000, of which $570,000,000 shall be available to carry out section 33 of that Act (15 U.S.C. 2229) and $230,000,000 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 grants provided under this heading shall be distributed based on the formula used by the Department of Homeland Security in fiscal year 2007: Provided further, 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 amount the Secretary of Homeland Security anticipates is necessary for the radiological emergency preparedness program of the Department of Homeland Security for the next fiscal year: Provided, That the methodology for the assessment and collection of fees shall be fair and equitable and shall reflect the cost of providing such services, including the administrative cost of collecting such fees: Provided further, That fees received under this heading shall be deposited in this account as offsetting collections and shall 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

    For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $1,700,000,000, to remain available until expended.

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 under that section and $295,000 is for the cost of direct loans: Provided, That gross obligations for the principal amount of direct loans under that section shall not exceed $25,000,000: Provided further, That the cost of a modification of such a loan shall be as defined in section 502(5)(D) 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), $230,000,000, and such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under subsection (f) of such section, 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 (42 U.S.C. 4104c), $34,000,000, 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 under section 1310 of that Act (42 U.S.C. 4017).

NATIONAL PRE-DISASTER 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.), $120,000,000, to remain available until expended: Provided, That grants made for predisaster mitigation shall be awarded on a competitive basis subject to the criteria in section 203(g) of such Act (42 U.S.C. 5133(g)): Provided further, That 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, $30,000,000: Provided, That collections made pursuant to 8 U.S.C. 1356(u) may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives, and the Committee on the Judiciary of the House of Representatives, receive a strategic transformation plan for United States Citizenship and Immigration Services that has been reviewed and approved by the Secretary of Homeland Security and reviewed by the Government Accountability Office.

Federal Law Enforcement Training Center

SALARIES AND EXPENSES

    For necessary expenses of the Federal Law Enforcement Training Center under section 884 of the Homeland Security Act of 2002 (6 U.S.C. 464), 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, $219,786,000, of which up to $43,910,000 shall remain available until September 30, 2008 for materials and support costs of Federal law enforcement basic training; 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 section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 note) is amended by striking `December 31, 2007' and inserting `December 31, 2008'.

ACQUISITION, 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, $43,270,000, to remain available until expended: Provided, That the Center is authorized to accept reimbursement to this appropriation from Government agencies requesting the construction of special use facilities.

Science and Technology

MANAGEMENT AND ADMINISTRATION

    For salaries and expenses of the Office of the Under Secretary for Science and Technology and for management and administration of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $130,787,000: 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.); $646,325,000, 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 until the Secretary of Homeland Security completes a Privacy Impact Assessment.

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, $31,176,000: 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, $316,900,000, 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, $168,000,000, to remain available until September 30, 2010: Provided, That none of the funds appropriated under this heading shall be obligated for full-scale procurement of Advanced Spectroscopic Portal Monitors until the Secretary of Homeland Security 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 by that procurement.

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; (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 House of Representatives for a different purpose; or (5) enters into a contract for the performance of any function or activity for which funds have been appropriated for Federal full-time equivalent positions; 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 or more the total amount of funding for any existing program, project, or activity, or numbers of personnel by 10 percent or more 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), no funds shall be reprogrammed within or transferred between appropriations after June 30, 2008, 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 grant allocations, discretionary grant awards, discretionary contract awards, or to issue a letter of intent totaling in excess of $1,000,000, or to announce publicly the intention to make such awards, 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 Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives five full business days in advance of announcing publicly the intention of making an award of formula-based grants, law enforcement terrorism prevention grants, or high-threat, high-density urban areas grants: Provided further, That such notification shall include a description of the project or projects to be funded including the city, county, and state.

    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 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 10 conditions under paragraphs (1) through (10) of section 522(a) of the Department of Homeland Security Appropriations Act, 2005 (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 any other Act to any part of the Department of Homeland Security 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 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. 515. None of the funds appropriated to the United States Secret Service by this or any other Act 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 a service on a fully reimbursable basis.

    SEC. 516. (a) Section 513 of the Department of Homeland Security Appropriations Act, 2005, is amended by striking `triple' and inserting `double'.

    (b) The amendment made by subsection (a) shall apply to the percentage of cargo inspected as required by Security Directives in effect as of the date of enactment of this Act.

    SEC. 517. (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 used 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) Not later than 45 days after the end of the quarter, the 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, including any reason for non-compliance with section 516.

    SEC. 518. None of the funds made available in this Act may be used by any person other than the Privacy Officer appointed under section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (6) of such section.

    SEC. 519. No funding provided in this or any other 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. 520. Except as provided in section 44945 of title 49, United States Code, funds appropriated or transferred to Transportation Security Administration `Aviation Security', `Administration' and `Transportation Security Support' for fiscal years 2004, 2005, 2006, and 2007 that are recovered or deobligated shall be available only for the procurement or installation of explosive 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. 521. Section 525 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295), is amended--

      (1) in subsection (a)(2)(A) by inserting `identifies and describes the specific risk to the national transportation system and therefore' after `information';

      (2) in subsection (d) by striking `like that' and inserting `identical to those'; and

      (3) by adding at the end the following:

    `(e) For the purposes of this section, the term `party's counsel' includes any employee who assists counsel in legal proceedings and who is so designated by counsel and approved by the judge overseeing the legal proceedings.'.

    SEC. 522. 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. 523. (a) The report required by Public Law 109-62 and Public Law 109-90 detailing the allocation and obligation of funds for `Disaster Relief' shall hereafter be submitted monthly and 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; (3) information on national flood insurance claims; (4) information on manufactured housing data; (5) information on hotel and motel data; (6) obligations, allocations, and expenditures by State for unemployment, crisis counseling, inspections, housing assistance, manufactured housing, public assistance, and individual assistance; (7) mission assignment obligations by agency, including: (A) the amounts reimbursed to other agencies that are in suspense because the Federal Emergency Management Agency has not yet reviewed and approved the documentation supporting the expenditure; and (B) a disclaimer if the amounts of reported obligations and expenditures do not reflect the status of such obligations and expenditures from a government-wide perspective; (8) the amount of credit card purchases by agency and mission assignment; (9) specific reasons for all waivers granted and a description of each waiver; and (10) 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.

    (b) The Secretary of Homeland Security shall, at least quarterly, obtain and report from each agency performing mission assignments each such agency's actual obligation and expenditure data and include such data in the report referred to in subsection (a).

    (c) For any request for reimbursement from a Federal agency to the Department of Homeland Security 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 of Homeland Security for such purposes, the Secretary of Homeland Security shall take appropriate steps to ensure that each agency is periodically reminded of Department of Homeland Security policies on--

      (1) the detailed information required in supporting documentation for reimbursements; and

      (2) the necessity for timeliness of agency billings.

    SEC. 524. 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 and on-board versus funded full-time equivalent staffing levels.

    SEC. 525. Section 532(a) of Public Law 109-295 is amended by striking `2007' and inserting `2008'.

    SEC. 526. 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. 527. 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. 528. 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. 529. 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. 530. (a) IN GENERAL- Any contract, subcontract, task or delivery order described in subsection (b) shall contain the following:

      (1) A requirement for a technical review of all designs, design changes, and engineering change proposals, and a requirement to specifically address all engineering concerns identified in the review before the obligation of further funds may occur.

      (2) A requirement that the Coast Guard maintain technical warrant holder authority, or the equivalent, for major assets.

      (3) A requirement that no procurement subject to subsection (b) for lead asset production or the implementation of a major design change shall be entered into unless an independent third party with no financial interest in the development, construction, or modification of any component of the asset, selected by the Commandant of the Coast Guard, determines that such action is advisable.

      (4) A requirement for independent life-cycle cost estimates of lead assets and major design and engineering changes.

      (5) A requirement for the measurement of contractor and subcontractor performance based on the status of all work performed. For contracts under the Integrated Deepwater Systems program, such requirement shall include a provision that links award fees to successful acquisition outcomes (which shall be defined in terms of cost, schedule, and performance).

      (6) A requirement that the Commandant of the Coast Guard assign an appropriate officer or employee of the Coast Guard to act as chair of each integrated product team and higher-level team assigned to the oversight of each integrated product team.

      (7) A requirement that the Commandant of the Coast Guard may not award or issue any contract, task or delivery order, letter contract modification thereof, or other similar contract, for the acquisition or modification of an asset under a procurement subject to subsection (b) unless the Coast Guard and the contractor concerned have formally agreed to all terms and conditions or the head of contracting activity of the Coast Guard determines that a compelling need exists for the award or issue of such instrument.

    (b) CONTRACTS, SUBCONTRACTS, TASK AND DELIVERY ORDERS COVERED- Subsection (a) applies to--

      (1) any major procurement contract, first-tier subcontract, delivery or task order entered into by the Coast Guard;

      (2) any first-tier subcontract entered into under such a contract; and

      (3) any task or delivery order issued pursuant to such a contract or subcontract.

    (c) REPORTS- Not later than 30 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives: (1) a report on the resources (including training, staff, and expertise) required by the Coast Guard to provide appropriate management and oversight of the Integrated Deepwater Systems program; and (2) a report on how the Coast Guard will utilize full and open competition for any contract entered into after the date of enactment of the Act that provides for the acquisition or modification of assets under, or in support of, the Integrated Deepwater Systems program.

    SEC. 531. 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. 532. (a) AMENDMENTS- Section 550 of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended--

      (1) in subsection (c), by striking `consistent with similar' and inserting `identical to the protections given';

      (2) in subsection (c), by striking `, site security plans, and other information submitted to or obtained by the Secretary under this section, and related vulnerability or security information, shall be treated as if the information were classified material' and inserting `and site security plans shall be treated as sensitive security information (as that term is used in section 1520.5 of title 49, Code of Federal Regulations, or any subsequent regulations relating to the same matter)'; and

      (3) by adding at the end of the section 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.'.

    (b) REGULATORY CLARIFICATION- Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall update the regulations administered by the Secretary that govern sensitive security information, including 49 CFR 1520, to reference all information required to be protected under section 550(c) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note), as amended by subsection (a).

    SEC. 533. The Commissioner of United States Customs and Border Protection shall, not later than July 1, 2008, establish for the United States Customs and Border Protection Officer (CBPO) position, a new classification (`CBPO/LEO'), which shall be identical to the current position description for a CBPO, and include, but not be limited to, eligibility for treatment accorded to law enforcement officers under subchapter III of chapter 83, and chapter 84 of title 5, United States Code. In developing the new classification, the Commissioner shall consult with the Office of Personnel Management, as well as employee groups that represent CBPOs. The option to elect to serve as a CBPO/LEO shall be available to all CBPOs who enter into service on or after July 1, 2008, as well as to incumbent CBPOs currently serving on July 1, 2008, who meet the maximum age requirements to serve in a law enforcement officer position.

    SEC. 534. In fiscal year 2008, none of funds made available in this or any other Act may be used to enforce section 4025(1) of Public Law 108-458 if the Assistant Secretary (Transportation Security Administration) determines that butane lighters are not a significant threat to civil aviation security: Provided, That the Assistant Secretary (Transportation Security Administration) shall notify the Committee on Appropriations of the Senate and the House of Representatives 15 days in advance of such determination including a report on whether the effectiveness of screening operations is enhanced by suspending enforcement of the prohibition: Provided further, That if the Assistant Secretary has previously submitted a report pursuant to Section 530 of Public Law 108-458, no further report shall be required.

    SEC. 535. None of the funds provided in this Act may be used to alter or reduce operations within the Civil Engineering Program of the Coast Guard nationwide, including the civil engineering units, facilities, design and construction centers, maintenance and logistics command centers, and the Coast Guard Academy, except as specifically authorized by a statute enacted after the date of enactment of this Act.

    SEC. 536. None of the funds appropriated in this Act may be used for a grant or contract for any project that does not comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided, That the President may suspend the provisions of such subchapter during a national emergency.

    SEC. 537. (a) None of the funds appropriated in this Act may be obligated for a grant or contract awarded by a means other than full and open competition, other than a grant distributed by a formula or other mechanism that is required by statute. The Secretary of Homeland Security may waive the application of this subsection during a national emergency.

    (b) The Secretary of Homeland Security shall establish an objective of awarding at least 3 percent of the total value of all contracts to be carried out with amounts appropriated in this Act to small business concerns.

    SEC. 538. None of the funds provided in this Act shall be available to carry out section 872 of Public Law 107-296.

    SEC. 539. Section 44940(a)(2) of title 49, United States Code, is amended by striking the last sentence of subparagraph (A), and clause (iv) of subparagraph (B).

(RESCISSION OF FUNDS)

    SEC. 540. From the unobligated balances of funds transferred to the Department of Homeland Security when it was created in 2003, excluding mandatory appropriations, $55,273,000 is rescinded, of which $12,084,003 shall be rescinded from Departmental Operations.

    SEC. 541. None of the funds provided by this or previous appropriation Acts shall be used to fund any position designated as a Principal Federal Official during any 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 U.S. Citizenship and Immigration Services to grant an immigration benefit to any individual unless all criminal history and other background checks required for the benefit have been completed, the results of such checks have been received by U.S. Citizenship and Immigration Services, and the results do not preclude the grant of the benefit.

    This Act may be cited as the `Department of Homeland Security Appropriations Act, 2008'.

Union Calendar No. 106

110th CONGRESS

1st Session

H. R. 2638

[Report No. 110-181]

A BILL

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes.


June 8, 2007

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed