S.1644 - Department of Homeland Security Appropriations Act, 2008110th Congress (2007-2008)
Bill
Hide Overview| Sponsor: | Sen. Byrd, Robert C. [D-WV] (Introduced 06/18/2007) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 110-84 |
| Latest Action: | Senate - 06/18/2007 Placed on Senate Legislative Calendar under General Orders. Calendar No. 204. (All Actions) |
| Notes: | For further action, see H.R. 2764, Consolidated Appropriations Act, 2008. |
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Placed on Calendar Senate (06/18/2007)
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1644 Placed on Calendar Senate (PCS)]
Calendar No. 204
110th CONGRESS
1st Session
S. 1644
[Report No. 110-84]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2008, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2007
Mr. Byrd, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
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 fiscal year ending
September 30, 2008, for the Department of Homeland Security and for
other purposes, namely:
TITLE I
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $100,000,000: Provided, That
not to exceed $40,000 shall be for official reception and
representation expenses: Provided further, That $15,000,000 shall not
be available for obligation until the Secretary certifies and reports
to the Committees on Appropriations of the Senate and the House of
Representatives that the Department has revised Departmental guidance
with respect to relations with the Government Accountability Office to
specifically provide for: (1) expedited timeframes for providing the
Government Accountability Office with access to records not to exceed
20 days from the date of request; (2) expedited timeframes for
interviews of program officials by the Government Accountability Office
after reasonable notice has been furnished to the Department by the
Government Accountability Office; and (3) a significant streamlining of
the review process for documents and interview requests by liaisons,
counsel, and program officials, consistent with the objective that the
Government Accountability Office be given timely and complete access to
documents and agency officials: Provided further, That the Secretary
shall make the revisions to Departmental guidance with respect to
relations with the Government Accountability Office in consultation
with the Comptroller General of the United States.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $234,883,000, of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, That of the total amount, $6,000,000 shall remain
available until expended solely for the alteration and improvement of
facilities, tenant improvements, and relocation costs to consolidate
Department headquarters operations; and $88,000,000 shall remain
available until expended for the Consolidated Headquarters Project.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $30,076,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$321,100,000; of which $82,400,000 shall be available for salaries and
expenses; and of which $238,700,000, to remain available until
expended, shall be available for development and acquisition of
information technology equipment, software, services, and related
activities for the Department of Homeland Security, of which
$97,300,000 shall be for the National Center for Critical Information
Processing and Storage: Provided, That none of the funds appropriated
shall be used to support or supplement the appropriations provided for
the United States Visitor and Immigrant Status Indicator Technology
project or the Automated Commercial Environment.
Analysis and Operations
For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain
available until September 30, 2009, of which not to exceed $5,000 shall
be for official reception and representation expenses.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $3,000,000: Provided, That $1,000,000 shall not
be available for obligation until the Committees on Appropriations of
the Senate and the House of Representatives receive an expenditure plan
for fiscal year 2008.
Office of Inspector General
operating expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $95,211,000, of which not to exceed $150,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; purchase and
lease of up to 4,500 (2,400 for replacement only) police-type vehicles;
and contracting with individuals for personal services abroad;
$6,601,058,000; of which $230,316,000 shall remain available until
September 30, 2009, to support software development, equipment,
contract services, and the implementation of inbound lanes and
modification to vehicle primary processing lanes at ports of entry; of
which $3,093,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of the
Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $226,740,000 shall be
for Air and Marine Operations; of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of
which not to exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations; and of which not to
exceed $1,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided, That for fiscal year 2008, the overtime
limitation prescribed in section 5(c)(1) of the Act of February 13,
1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any
other provision of law, none of the funds appropriated by this Act may
be available to compensate any employee of United States Customs and
Border Protection for overtime, from whatever source, in an amount that
exceeds such limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the Secretary, to be
necessary for national security purposes, to prevent excessive costs,
or in cases of immigration emergencies.
automation modernization
For expenses for customs and border protection automated systems,
$476,609,000, to remain available until expended, of which not less
than $316,969,000 shall be for the development of the Automated
Commercial Environment: Provided, That of the total amount made
available under this heading, $216,969,000 may not be obligated for the
Automated Commercial Environment until the Committees on Appropriations
of the Senate and the House of Representatives receive a plan for
expenditure prepared by the Secretary of Homeland Security that
includes:
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost
targets, and program management capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing them;
(4) a certification by the Chief Financial Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established by
the Office of Management and Budget, including Circular A-11,
part 7;
(5) a certification by the Chief Information Officer of the
Department that an independent validation and verification
agent has and will continue to actively review the program;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures
that were and were not assessed in making the alignment
determination, the date of the alignment determination, any
known areas of misalignment along with the associated risks and
corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with them
along with any plans for addressing these risks and the status
of their implementation;
(8) a certification by the Chief Information Officer of the
Department that the program has a risk management process that
regularly identifies, evaluates, mitigates, and monitors risks
throughout the system life cycle, and communicates high-risk
conditions to agency and department heads, as well as a listing
of all the program's high risks and the status of efforts to
address them; and
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report.
border security fencing, infrastructure, and technology
For expenses for customs and border protection fencing,
infrastructure, and technology, $1,000,000,000, to remain available
until expended: Provided, That of the amount provided under this
heading, $500,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure, prepared by the Secretary of
Homeland Security and submitted within 90 days after the date of
enactment of this Act, that includes:
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost
targets, and program management capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing them;
(4) a certification by the Chief Financial Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established by
the Office of Management and Budget, including Circular A-11,
part 7;
(5) a certification by the Chief Information Officer of the
Department that an independent validation and verification
agent has and will continue to actively review the program;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures
that were and were not assessed in making the alignment
determination, the date of the alignment determination, any
known areas of misalignment along with the associated risks and
corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with them
along with any plans for addressing these risks and the status
of their implementation;
(8) a certification by the Chief Information Officer of the
Department that the program has a risk management process that
regularly identifies, evaluates, mitigates, and monitors risks
throughout the system life cycle, and communicates high-risk
conditions to agency and department heads, as well as a listing
of all the program's high risks and the status of efforts to
address them;
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report;
(10) a description of initial plans for securing the
Northern border and United States maritime border; and
(11) which is reviewed by the Government Accountability
Office.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $488,947,000, to remain
available until expended: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to United States Customs and Border
Protection requirements and aircraft that have been damaged beyond
repair, shall be transferred to any other Federal agency, department,
or office outside of the Department of Homeland Security during fiscal
year 2008 without the prior approval of the Committees on
Appropriations of the Senate and the House of Representatives.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$274,863,000, to remain available until expended; of which $40,200,000
shall be for the Advanced Training Center.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type vehicles;
$4,401,643,000, of which not to exceed $7,500,000 shall be available
until expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; of which not less
than $102,000 shall be for promotion of public awareness of the child
pornography tipline; of which not less than $203,000 shall be for
Project Alert; of which not less than $5,400,000 may be used to
facilitate agreements consistent with section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed
$11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none of the
funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive that amount as necessary for
national security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided, $15,770,000 shall
be for activities to enforce laws against forced child labor in fiscal
year 2008, of which not to exceed $6,000,000 shall remain available
until expended.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally-owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives no later
than November 1, 2007, that the operations of the Federal Protective
Service will be fully funded in fiscal year 2008 through revenues and
collection of security fees: Provided further, That a certification
shall be provided no later than February 10, 2008, for fiscal year
2009.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $15,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $5,000,000 may not
be obligated until the Committees on Appropriations of the Senate and
the House of Representatives receive a plan for expenditure prepared by
the Secretary of Homeland Security.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$16,250,000, to remain available until expended.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,039,559,000, to remain
available until September 30, 2009, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not to
exceed $4,074,889,000 shall be for screening operations, of which
$529,400,000 shall be available only for procurement and installation
of checked baggage explosive detection systems; and not to exceed
$964,445,000 shall be for aviation security direction and enforcement:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum herein appropriated
from the General Fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2008, so as
to result in a final fiscal year appropriation from the General Fund
estimated at not more than $2,329,334,000: Provided further, That any
security service fees collected in excess of the amount made available
under this heading shall become available during fiscal year 2009:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the leadership; and
the heads of Federal agencies and commissions, including the Secretary,
Under Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General and Assistant
Attorneys General and the United States attorneys; and senior members
of the Executive Office of the President, including the Director of the
Office of Management and Budget; shall not be exempt from Federal
passenger and baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation security
activities, $41,413,000, to remain available until September 30, 2009.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment
and Credentialing, $67,490,000, to remain available until September 30,
2009.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $524,515,000,
to remain available until September 30, 2009: Provided, That of the
funds appropriated under this heading, $20,000,000 may not be obligated
until the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a
strategic plan required for checkpoint technologies as described in the
joint explanatory statement of managers accompanying the fiscal year
2007 conference report (H. Rept. 109-699): Provided further, That this
plan shall be submitted no later than 60 days after the date of
enactment of this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals, $722,000,000.
United States Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
United States Coast Guard not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; payments pursuant to section 156 of Public Law 97-377
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$5,930,545,000, of which $340,000,000 shall be for defense-related
activities; of which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not
to exceed $10,000 shall be for official reception and representation
expenses: Provided, That none of the funds made available by this or
any other Act shall be available for administrative expenses in
connection with shipping commissioners in the United States: Provided
further, That none of the funds made available by this Act shall be for
expenses incurred for yacht documentation under section 12109 of title
46, United States Code, except to the extent fees are collected from
yacht owners and credited to this appropriation.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the United States Coast Guard under
chapter 19 of title 14, United States Code, $12,079,000, to remain
available until expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program; personnel and
training costs; and equipment and services; $126,883,000.
acquisition, construction, and improvements
(including rescissions of funds)
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,048,068,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $9,200,000 shall be available until
September 30, 2012, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $173,600,000 shall be
available until September 30, 2010, for other equipment; of which
$37,897,000 shall be available until September 30, 2010, for shore
facilities and aids to navigation facilities; of which $505,000 shall
be available for personnel related costs; and of which $770,079,000
shall be available until September 30, 2012, for the Integrated
Deepwater Systems program: Provided, That the Commandant of the Coast
Guard is authorized to dispose of surplus real property, by sale or
lease, and the proceeds shall be credited to this appropriation as
offsetting collections and shall be available until September 30, 2010:
Provided further, That of amounts made available under this heading in
Public Law 109-90, $48,787,000 for the Offshore Patrol Cutter are
rescinded: Provided further, That of the amounts made available under
this heading in Public Law 109-295, $8,000,000 for the Fast Response
Cutter (FRC-A) are rescinded: Provided further, That the Secretary
shall submit an expenditure plan to the Committees on Appropriations of
the Senate and the House of Representatives within 60 days after the
date of enactment of this Act for funds made available for the
Integrated Deepwater Program, that: (1) defines activities, milestones,
yearly costs, and life-cycle costs for each procurement of a major
asset; (2) identifies life-cycle staffing and training needs of Coast
Guard project managers and of procurement and contract staff; (3)
includes a certification by the Chief Human Capital Officer of the
Department that current human capital capabilities are sufficient to
execute the plans discussed in the report; (4) identifies individual
project balances by fiscal year, including planned carryover into
fiscal year 2009 by project; (5) identifies operational gaps for all
Deepwater assets and an explanation of how funds provided in this Act
address the shortfalls between current operational capabilities and
requirements; (6) includes a listing of all open Government
Accountability Office and Office of Inspector General recommendations
related to the program and the status of Coast Guard actions to address
the recommendations, including milestones for fully addressing them;
(7) includes a certification by the Chief Financial Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the Department,
and that the process fulfills all capital planning and investment
control requirements and reviews established by the Office of
Management and Budget, including Circular A-11, part 7; (8) identifies
competition to be conducted in each procurement; (9) includes a
certification by the head of contracting activity for the Coast Guard
and the Chief Procurement Officer of the Department that the plans for
the program comply with the Federal acquisition rules, requirements,
guidelines, and practices, and a description of the actions being taken
to address areas of non-compliance, the risks associated with them
along with plans for addressing these risks and the status of their
implementation; (10) identifies the use of independent validation and
verification; and (11) is reviewed by the Government Accountability
Office: Provided further, That the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, in conjunction with the President's fiscal year
2009 budget, a review of the Revised Deepwater Implementation Plan that
identifies any changes to the plan for the fiscal year; an annual
performance comparison of Deepwater assets to pre-Deepwater legacy
assets; a status report of legacy assets; a detailed explanation of how
the costs of legacy assets are being accounted for within the Deepwater
program; and the earned value management system gold card data for each
Deepwater asset: Provided further, That the Secretary shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives a comprehensive review of the Revised Deepwater
Implementation Plan every five years, beginning in fiscal year 2011,
that includes a complete projection of the acquisition costs and
schedule for the duration of the plan through fiscal year 2027:
Provided further, That the Secretary shall annually submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is submitted
under section 1105(a) of title 31, United States Code, a future-years
capital investment plan for the Coast Guard that identifies for each
capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next five fiscal years or until project completion, whichever
is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent to
the maximum extent practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified.
alteration of bridges
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $16,000,000, to remain available until expended.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$25,583,000, to remain available until expended, of which $500,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,184,720,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 645 vehicles for police-type use,
which shall be for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; services of expert witnesses at such rates as may be
determined by the Director of the Secret Service; rental of buildings
in the District of Columbia, and fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to employees
where a protective assignment during the actual day or days of the
visit of a protectee requires an employee to work 16 hours per day or
to remain overnight at a post of duty; conduct of and participation in
firearms matches; presentation of awards; travel of Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be
necessary to perform protective functions; $1,392,171,000, of which not
to exceed $25,000 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for forensic
and related support of investigations of missing and exploited
children; and of which $6,000,000 shall be a grant for activities
related to the investigations of missing and exploited children and
shall remain available until expended: Provided, That up to $18,000,000
provided for protective travel shall remain available until September
30, 2009: Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements from
Federal agencies and entities, as defined in section 105 of title 5,
United States Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under this
heading at the end of the fiscal year.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,725,000, to remain
available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the immediate Office of the Under
Secretary for National Protection and Programs, the National Protection
Planning Office, support services for business operations and
information technology, and facility costs, $30,000,000: Provided, That
of the amount provided, $15,000,000 shall not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve in full an expenditure plan by
program, project, and activity; prepared by the Secretary of Homeland
Security that has been reviewed by the Government Accountability
Office.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$527,099,000, of which $497,099,000 shall remain available until
September 30, 2009.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $362,000,000, to
remain available until expended: Provided, That of the total amount
made available under this heading, $100,000,000 may not be obligated
for the United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that includes:
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost
targets, and program management capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing them;
(4) a certification by the Chief Financial Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established by
the Office of Management and Budget, including Circular A-11,
part 7;
(5) a certification by the Chief Information Officer of the
Department that an independent validation and verification
agent has and will continue to actively review the program;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures
that were and were not assessed in making the alignment
determination, the date of the alignment determination, any
known areas of misalignment along with the associated risks and
corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with them
along with any plans for addressing these risks and the status
of their implementation;
(8) a certification by the Chief Information Officer of the
Department that the program has a risk management process that
regularly identifies, evaluates, mitigates, and monitors risks
throughout the system life cycle, and communicates high-risk
conditions to agency and department heads, as well as a listing
of all the program's high risks and the status of efforts to
address them;
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report; and
(10) which is reviewed by the Government Accountability
Office.
Office of Health Affairs
For the necessary expenses of the Office of Health Affairs,
$115,000,000; of which $20,817,000 is for salaries and expenses; and of
which $94,183,000 is for biosurveillance, biowatch, chemical response,
and related activities for the Department of Homeland Security, to
remain available until September 30, 2009: Provided, That not to exceed
$3,000 shall be for official reception and representation expenses.
Federal Emergency Management Agency
management and administration
For necessary expenses for management and administration,
$678,600,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.),
the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
sections 107 and 303 of the National Security Act of 1947 (50 U.S.C.
404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-
Katrina Emergency Management Reform Act of 2006 (Public Law 109-295;
120 Stat. 1394): Provided, That not to exceed $3,000 shall be for
official reception and representation expenses: Provided further, That
$426,020,000 shall be for Operations Activities: Provided further, That
$216,580,000 shall be for Management Activities: Provided further, That
$6,000,000 shall be for the Office of the National Capital Region
Coordination: Provided further, That for purposes of planning,
coordination, execution, and decisionmaking related to mass evacuation
during a disaster, the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be incorporated
into efforts to integrate the activities of Federal, State, and local
governments in the National Capital Region, as defined in section 882
of Public Law 107-296, the Homeland Security Act of 2002: Provided
further, That of the total amount made available under this heading,
$30,000,000 shall be for Urban Search and Rescue Teams, of which not to
exceed $1,600,000 may be made available for administrative costs.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, notwithstanding any other provision of
law, $3,030,500,000, which shall be allocated as follows:
(1) $525,000,000 for formula-based grants and $375,000,000
for law enforcement terrorism prevention grants, to be
allocated in accordance with section 1014 of the USA PATRIOT
ACT (42 U.S.C. 3714): Provided, That not to exceed 3 percent of
these amounts shall be available for program administration:
Provided further, That the application for grants shall be made
available to States within 45 days after the date of enactment
of this Act; that States shall submit applications within 90
days after the grant announcement; and the Federal Emergency
Management Agency shall act within 90 days after receipt of an
application: Provided further, That, in the event established
timeframes detailed in the preceding proviso for departmental
actions are missed, funding for the Immediate Office of the
Deputy Secretary shall be reduced by $1,000 per day until such
actions are executed: Provided further, That not less than 80
percent of any grant under this paragraph to a State shall be
made available by the State to local governments within 60 days
after the receipt of the funds; except in the case of Puerto
Rico, where not less than 50 percent of any grant under this
paragraph shall be made available to local governments within
60 days after the receipt of the funds.
(2) $1,836,000,000 for discretionary grants, as determined
by the Secretary of Homeland Security, of which--
(A) $820,000,000 shall be for use in high-threat,
high-density urban areas, of which $20,000,000 shall be
available for assistance to organizations (as described
under section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax section 501(a) of such code)
determined by the Secretary to be at high-risk of a
terrorist attack;
(B) $50,000,000 shall be for the Regional
Catastrophic Preparedness Grants;
(C) $400,000,000 shall be for infrastructure
protection grants related to port security pursuant to
46 U.S.C. 70107;
(D) $16,000,000 shall be for infrastructure
protection grants related to trucking industry
security;
(E) $12,000,000 shall be for infrastructure
protection grants related to intercity bus security;
(F) $400,000,000 shall be for infrastructure
protection grants related to intercity rail passenger
transportation (as defined in section 24102 of title
49, United States Code), freight rail, and transit
security;
(G) $50,000,000 shall be for infrastructure
protection grants related to buffer zone protection;
(H) $40,000,000 shall be available for the
Commercial Equipment Direct Assistance Program;
(I) $33,000,000 shall be for the Metropolitan
Medical Response System; and
(J) $15,000,000 shall be for Citizens Corps:
Provided, That not to exceed 3 percent of subparagraphs (A)-(J)
shall be available for program administration: Provided
further, That for grants under subparagraphs (A), (B), and (J),
the application for grants shall be made available to States
within 45 days after the date of enactment of this Act; that
States shall submit applications within 90 days after the grant
announcement; and that the Federal Emergency Management Agency
shall act within 90 days after receipt of an application:
Provided further, That, in the event established timeframes
detailed in the preceding proviso for departmental actions are
missed, funding for the Immediate Office of the Deputy
Secretary shall be reduced by $1,000 per day until such actions
are executed: Provided further, That no less than 80 percent
of any grant under this paragraph to a State shall be made
available by the State to local governments within 60 days
after the receipt of the funds: Provided further, That for
grants under subparagraphs (C) through (G), the applications
for such grants shall be made available to eligible applicants
not later than 75 days after the date of enactment of this Act,
eligible applicants shall submit applications not later than 45
days after the date of the grant announcement, and the Federal
Emergency Management Agency shall act on such applications not
later than 60 days after the date on which such an application
is received: Provided further, That, in the event established
timeframes detailed in the preceding proviso for departmental
actions are missed, funding for the Immediate Office of the
Deputy Secretary shall be reduced by $1,000 per day until such
actions are executed.
(3) $294,500,000 for training, exercises, technical
assistance, and other programs:
Provided, That none of the grants provided under this heading shall be
used for the construction or renovation of facilities, except for a
minor perimeter security project, not to exceed $1,000,000, as
determined necessary by the Secretary of Homeland Security: Provided
further, That the preceding proviso shall not apply to grants under
subparagraphs (B), (C), (F), and (G) of paragraph (2) of this heading:
Provided further, That funds appropriated for law enforcement terrorism
prevention grants under paragraph (1) of this heading and discretionary
grants under paragraph (2)(A) of this heading shall be available for
operational costs, to include personnel overtime and overtime
associated with the Federal Emergency Management Agency certified
training, as needed: Provided further, That the Government
Accountability Office shall report on the validity, relevance,
reliability, timeliness, and availability of the risk factors
(including threat, vulnerability, and consequence) used by the
Secretary of Homeland Security for the purpose of allocating grants
funded under this heading, and the application of those factors in the
allocation of funds to the Committees on Appropriations of the Senate
and the House of Representatives on its findings not later than 45 days
after the date of enactment of this Act: Provided further, That within
seven days after the date of enactment of this Act, the Secretary of
Homeland Security shall provide the Government Accountability Office
with the risk methodology and other factors that will be used to
allocate grants funded under this heading.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$700,000,000: Provided, That not to exceed five percent of this amount
shall be available for program administration: Provided further, That
funds shall be allocated as follows: (1) $560,000,000 shall be
available to carry out section 33 of that Act (15 U.S.C. 2229), to
remain available until September 30, 2009; and (2) $140,000,000 shall
be available to carry out section 34 of that Act (15 U.S.C. 2229a).
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That total
administrative costs shall not exceed three percent of the total
appropriation.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2008, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2008, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration, as
authorized by the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), $43,300,000.
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,700,000,000, to remain available until expended: Provided, That of
the total amount provided, $13,500,000 shall be transferred to the
Department of Homeland Security Office of Inspector General for audits
and investigations related to disasters, subject to section 503 of this
Act: Provided further, That up to $48,000,000 and 250 positions may be
transferred to ``Management and Administration'', Federal Emergency
Management Agency, for management and administration functions, subject
to section 503 of this Act.
disaster assistance direct loan program account
For activities under section 319 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162), $875,000, of
which $580,000 is for administrative expenses to carry out the direct
loan program and $295,000 is for the cost of direct loans: Provided,
That gross obligations for the principal amount of direct loans shall
not exceed $25,000,000: Provided further, That the cost of modifying
such loans shall be as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a).
flood map modernization fund
For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and such
additional sums as may be provided by State and local governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act, to remain available until expended:
Provided, That total administrative costs shall not exceed three
percent of the total appropriation.
national flood insurance fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $145,000,000, which is available as follows: (1)
not to exceed $45,642,000 for salaries and expenses associated with
flood mitigation and flood insurance operations; and (2) not to exceed
$99,358,000 for flood hazard mitigation, which shall be derived from
offsetting collections assessed and collected under section 1307 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), to
remain available until September 30, 2009, including up to $34,000,000
for flood mitigation expenses under section 1366 of that Act, which
amount shall be available for transfer to the National Flood Mitigation
Fund until September 30, 2009: Provided, That in fiscal year 2008, no
funds shall be available from the National Flood Insurance Fund in
excess of: (1) $70,000,000 for operating expenses; (2) $773,772,000 for
commissions and taxes of agents; (3) such sums as are necessary for
interest on Treasury borrowings; and (4) $90,000,000 for flood
mitigation actions with respect to severe repetitive loss properties
under section 1361A of that Act (42 U.S.C. 4102a) and repetitive
insurance claims properties under section 1323 of that Act (42 U.S.C.
4030), which shall remain available until expended: Provided further,
That total administrative costs shall not exceed four percent of the
total appropriation.
national flood mitigation fund
(including transfer of funds)
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and
subsection (f), of section 1366 of the National Flood Insurance Act of
1968, $34,000,000 (42 U.S.C. 4104c), to remain available until
September 30, 2009, for activities designed to reduce the risk of flood
damage to structures pursuant to such Act, of which $34,000,000 shall
be derived from the National Flood Insurance Fund.
national pre-disaster mitigation fund
For a pre-disaster mitigation grant program under title II of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131 et seq.), $120,000,000, to remain available until expended:
Provided, That grants made for pre-disaster mitigation shall be awarded
on a competitive basis subject to the criteria in section 203(g) of
such Act (42 U.S.C. 5133(g)): Provided further, That total
administrative costs shall not exceed three percent of the total
appropriation.
emergency food and shelter
To carry out an emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $153,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total appropriation.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$50,523,000: Provided, That of the total, $20,000,000 provided to
address backlogs of security checks associated with pending
applications and petitions shall not be available for obligation until
the Secretary of Homeland Security and the United States Attorney
General submit to the Committees on Appropriations of the Senate and
the House of Representatives a plan to eliminate the backlog of
security checks that establishes information sharing protocols to
ensure United States Citizenship and Immigration Services has the
information it needs to carry out its mission.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $221,076,000, of which up to $43,910,000 for
materials and support costs of Federal law enforcement basic training
shall remain available until September 30, 2009; of which $300,000
shall remain available until expended for Federal law enforcement
agencies participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for the needs
of participating agencies; and of which not to exceed $12,000 shall be
for official reception and representation expenses: Provided, That the
Center is authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by the
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note) as amended by Public Law 109-295 (120 Stat.
1374) is further amended by striking ``December 31, 2007'' and
inserting ``December 31, 2011''.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $44,470,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $140,632,000: Provided,
That not to exceed $3,000 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.); $697,364,000, to remain
available until expended; and of which $103,814,000 shall be for
necessary expenses of the field laboratories and assets of the Science
and Technology Directorate.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office
and for management and administration of programs and activities,
$32,000,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation and operations, $336,000,000, to
remain available until expended.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $182,000,000, to remain
available until September 30, 2010: Provided, That none of the funds
appropriated under this heading shall be obligated for full-scale
procurement of Advanced Spectroscopic Portal Monitors until the
Secretary of Homeland Security has certified through a report to the
Committees on Appropriations of the Senate and the House of
Representatives that a significant increase in operational
effectiveness will be achieved.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds available in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2008, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes to
use funds directed for a specific activity by either of the Committees
on Appropriations of the Senate or the House of Representatives for a
different purpose; or (5) contracts out any function or activity for
which funding levels were requested for Federal full-time equivalents
in the object classification tables contained in the fiscal year 2008
Budget Appendix for the Department of Homeland Security, as modified by
the joint explanatory statement accompanying this Act; unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2008, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by the Congress; or (3) results from any general savings from a
reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress; unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriations, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) of this section and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
which imminently threaten the safety of human life or the protection of
property.
Sec. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to make
payments to the ``Department of Homeland Security Working Capital
Fund'', except for the activities and amounts allowed in the
President's fiscal year 2008 budget, excluding sedan service, shuttle
service, transit subsidy, mail operations, parking, and competitive
sourcing: Provided, That any additional activities and amounts shall be
approved by the Committees on Appropriations of the Senate and the
House of Representatives 30 days in advance of obligation.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2008 from appropriations for salaries and expenses
for fiscal year 2008 in this Act shall remain available through
September 30, 2009, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation of
such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2008 until the enactment of an Act authorizing
intelligence activities for fiscal year 2008.
Sec. 507. The Federal Law Enforcement Training Accreditation Board
shall lead the Federal law enforcement training accreditation process,
to include representatives from the Federal law enforcement community
and non-Federal accreditation experts involved in law enforcement
training, to continue the implementation of measuring and assessing the
quality and effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 508. None of the funds in this Act may be used to make a grant
allocation, discretionary grant award, discretionary contract award, or
to issue a letter of intent totaling in excess of $1,000,000, or to
announce publicly the intention to make such an award, unless the
Secretary of Homeland Security notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
three full business days in advance: Provided, That no notification
shall involve funds that are not available for obligation: Provided
further, That the notification shall include the amount of the award,
the fiscal year in which the funds for the award were appropriated, and
the account for which the funds are being drawn from: Provided further,
That the Federal Emergency Management Agency shall brief the Committees
on Appropriations of the Senate and the House of Representatives five
full business days in advance of announcing publicly the intention of
making an award of formula-based grants; law enforcement terrorism
prevention grants; high-threat, high-density urban areas grants; or
regional catastrophic preparedness grants.
Sec. 509. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 510. The Director of the Federal Law Enforcement Training
Center shall schedule basic and/or advanced law enforcement training at
all four training facilities under the control of the Federal Law
Enforcement Training Center to ensure that these training centers are
operated at the highest capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, or acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not
been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).
Sec. 513. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation,
on other than a test basis, of the Secure Flight program or any other
follow on or successor passenger prescreening program, until the
Secretary of Homeland Security certifies, and the Government
Accountability Office reports, to the Committees on Appropriations of
the Senate and the House of Representatives, that all ten of the
conditions contained in paragraphs (1) through (10) of section 522(a)
of Public Law 108-334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be submitted within
90 days after the Secretary provides the requisite certification, and
periodically thereafter, if necessary, until the Government
Accountability Office confirms that all ten conditions have been
successfully met.
(c) Within 90 days of enactment of this Act, the Secretary shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives a detailed plan that describes: (1) the dates for
achieving key milestones, including the date or timeframes that the
Secretary will certify the program under subsection (a); and (2) the
methodology to be followed to support the Secretary's certification, as
required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers,
or reservation systems may be used to screen aviation passengers, or
delay or deny boarding to such passengers, except in instances where
passenger names are matched to a Government watch list.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk to
passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or previous appropriations
Acts may be utilized for data or a database that is obtained from or
remains under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data obtained from
air carriers.
Sec. 514. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 515. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 516. (a) None of the funds appropriated to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director of
the United States Secret Service may enter into an agreement to perform
such service on a fully reimbursable basis.
(b) None of the funds appropriated by this or any other Act to the
United States Secret Service shall be made available for the protection
of a Federal official, other than persons granted protection under
section 3056(a) of title 18, United States Code, and the Secretary of
Homeland Security: Provided, That the Director of the United States
Secret Service may enter into an agreement to perform such protection
on a fully reimbursable basis for protectees not designated under
section 3056(a) of title 18, United States Code.
Sec. 517. (a) The Secretary of Homeland Security is directed to
research, develop, and procure new technologies to inspect and screen
air cargo carried on passenger aircraft at the earliest date possible.
(b) Existing checked baggage explosive detection equipment and
screeners shall be utilized to screen air cargo carried on passenger
aircraft to the greatest extent practicable at each airport until
technologies developed under subsection (a) are available.
(c) The Transportation Security Administration shall report air
cargo inspection statistics quarterly to the Committees on
Appropriations of the Senate and the House of Representatives, by
airport and air carrier, within 45 days after the end of the quarter
including any reason for non-compliance with the second proviso of
section 513 of the Department of Homeland Security Appropriations Act,
2005 (Public Law 108-334, 118 Stat. 1317).
Sec. 518. None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under section
222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter,
direct that changes be made to, delay, or prohibit the transmission to
Congress of any report prepared under paragraph (6) of such section.
Sec. 519. No funding provided by this or previous appropriation
Acts shall be available to pay the salary of any employee serving as a
contracting officer's technical representative (COTR), or anyone acting
in a similar or like capacity, who has not received COTR training.
Sec. 520. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' in fiscal years 2004, 2005, 2006,
and 2007 that are recovered or deobligated shall be available only for
procurement and installation of explosive detection systems for air
cargo, baggage, and checkpoint screening systems, subject to
notification.
Sec. 521. Section 525(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1382) shall
apply to fiscal year 2008.
(rescission of funds)
Sec. 522. From the unobligated balances of funds transferred to the
Department of Homeland Security when it was created in 2003, excluding
mandatory appropriations, $45,000,000 is rescinded, of which
$12,000,000 shall be rescinded from Departmental Operations;
$12,000,000 shall be rescinded from the Office of State and Local
Government Coordination; and $6,000,000 shall be rescinded from the
Working Capital Fund.
Sec. 523. Any funds appropriated to United States Coast Guard,
``Acquisition, Construction, and Improvements'' in fiscal years 2002,
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Replacement Patrol Boat (FRC-B) program.
Sec. 524. The Department of Homeland Security Working Capital Fund,
established, pursuant to section 403 of Public Law 103-356 (31 U.S.C.
501 note), shall continue operations during fiscal year 2008.
Sec. 525. (a) The Federal Emergency Management Agency (FEMA) shall
submit a quarterly report to the Committees on Appropriations of the
Senate and the House of Representatives detailing the allocation and
obligation of funds for ``Disaster Relief'' to include:
(1) status of the Disaster Relief Fund (DRF) including
obligations, allocations, and amounts undistributed/
unallocated;
(2) allocations, obligations, and expenditures for all open
disasters;
(3) information on national flood insurance claims;
(4) obligations, allocations and expenditures by State for
unemployment, crisis counseling, inspections, housing
assistance, manufactured housing, public assistance and
individual assistance;
(5) mission assignment obligations by agency, including:
(A) the amounts reimbursed to other agencies that
are in suspense because FEMA has not yet reviewed and
approved the documentation supporting the expenditure;
and
(B) a disclaimer if the amounts of reported
obligations and expenditures do not reflect the status
of such obligations and expenditures from a government-
wide perspective;
(6) the amount of credit card purchases by agency and
mission assignment;
(7) specific reasons for all waivers granted and a
description of each waiver;
(8) a list of all contracts that were awarded on a sole
source or limited competition basis, including the dollar
amount, the purpose of the contract and the reason for the lack
of competitive award; and
(9) an estimate of when available appropriations will be
exhausted, assuming an average disaster season.
(b) The Secretary of Homeland Security shall at least quarterly
obtain from agencies performing mission assignments each such agency's
actual obligation and expenditure data and report to the Committees on
Appropriations of the Senate and the House of Representatives.
(c) For any request for reimbursement from a Federal agency to the
Department of Homeland Security to cover expenditures under the
Stafford Act (42 U.S.C. 5121 et seq.), or any mission assignment orders
issued by the Department of Homeland Security for such purposes, the
Secretary of Homeland Security shall take appropriate steps to ensure
that each agency is periodically reminded of Department of Homeland
Security policies on--
(1) the detailed information required in supporting
documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
Sec. 526. Within 45 days after the close of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report that includes
total obligations, on-board versus funded full-time equivalent staffing
levels, and the number of contract employees by office.
Sec. 527. Section 532(a) of Public Law 109-295 is amended by
striking ``2007'' and inserting ``2008''.
Sec. 528. The Federal Law Enforcement Training Center instructor
staff shall be classified as inherently governmental for the purpose of
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501
note).
Sec. 529. None of the funds provided in this Act may be used to
alter or reduce operations within the Civil Engineering Program of the
Coast Guard nationwide, including the civil engineering units,
facilities, design, and construction centers, maintenance and logistics
command centers, and the Coast Guard Academy, except as specifically
authorized by a statute enacted after the date of enactment of this
Act.
Sec. 530. Extension of the Implementation Deadline for the Western
Hemisphere Travel Initiative. Subparagraph (A) of section 7209(b)(1) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 8 U.S.C. 1185 note) is amended by striking ``This plan
shall be implemented not later than three months after the Secretary of
State and the Secretary of Homeland Security make the certifications
required in subsection (B), or June 1, 2009, whichever is earlier.''
and inserting ``Such plan may not be implemented earlier than the date
that is the later of 3 months after the Secretary of State and the
Secretary of Homeland Security make the certification required in
subparagraph (B) or June 1, 2009.''.
Sec. 531. Section 550 of the Department of Homeland Security
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding at
the end the following:
``(h) This section shall not preclude or deny any right of any
State or political subdivision thereof to adopt or enforce any
regulation, requirement, or standard of performance with respect to
chemical facility security that is more stringent than a regulation,
requirement, or standard of performance issued under this section, or
otherwise impair any right or jurisdiction of any State with respect to
chemical facilities within that State, unless there is an actual
conflict between this section and the law of that State.''.
Sec. 532. None of the funds provided in this Act under the heading
``Office of the Chief Information Officer'' shall be used for data
center development other than for the National Center for Critical
Information Processing and Storage until the Chief Information Officer
certifies that the National Center for Critical Information Processing
and Storage is fully utilized as the Department's primary data storage
center at the highest capacity throughout the fiscal year.
Sec. 533. None of the funds in this Act shall be used to reduce the
United States Coast Guard's Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 534. (a) Notwithstanding section 503 of this Act, up to
$25,000,000 from prior year balances currently available to the
Transportation Security Administration may be transferred to
``Transportation Threat Assessment and Credentialing'' for the Secure
Flight program.
(b) In carrying out the transfer authority under subsection (a),
the Transportation Security Administration shall not utilize any prior
year balances from the following programs: screener partnership
program; explosive detection system purchase; explosive detection
system installation; checkpoint support; aviation regulation and other
enforcement; air cargo; and air cargo research and development:
Provided, That any funds proposed to be transferred under this section
shall not be available for obligation until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure for such funds that is submitted by
the Secretary of Homeland Security: Provided further, That the plan
shall be submitted simultaneously to the Government Accountability
Office for review consistent with its ongoing assessment of the Secure
Flight Program as mandated by section 522(a) of Public Law 108-334 (118
Stat. 1319).
Sec. 535. Disaster Assistance for Schools. (a) Definitions.--In
this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency;
(2) the term ``covered assistance'' means assistance--
(A) provided under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172);
(B) to be used to--
(i) repair, restore, reconstruct, or
replace school facilities; or
(ii) replace lost contents of a school; and
(C) for damage caused by Hurricane Katrina of 2005
or Hurricane Rita of 2005; and
(3) the term ``local educational agency'' has the meaning
given that term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(b) Assistance to Schools.--
(1) In general.--A local educational agency that has
applied for covered assistance before the date of enactment of
this Act may request that such assistance (including any
eligible costs discovered after the date of the estimate of
eligible costs under section 406(e)(1)(A) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(e)(1)(A)) and any cost that was determined to be an
eligible cost after an appeal or review) be provided in a
single payment.
(2) Disbursement of assistance.--Not later than 30 days
after the date that a local educational agency makes a request
under paragraph (1), the Administrator shall provide in a
single payment any covered assistance for any eligible cost
that was approved by the Administrator on or before the date of
that request.
(3) Flood insurance reduction.--For any covered assistance
provided under paragraph (2), the Administrator shall make not
more than 1 reduction under section 406(d) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(d)) in the amount of assistance provided.
(c) Alternate Use.--For any covered assistance provided under
subsection (b)(2), the amount of that assistance shall not be reduced
under section 406(c)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(c)(1)).
(d) Applicability.--This section shall apply to any covered
assistance provided on or after the date of enactment of this Act.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2008''.
Calendar No. 204
110th CONGRESS
1st Session
S. 1644
[Report No. 110-84]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2008, and for other purposes.
_______________________________________________________________________
June 18, 2007
Read twice and placed on the calendar