Summary: S.3181 — 110th Congress (2007-2008)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate without amendment (06/23/2008)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Department of Homeland Security Appropriations Act, 2009 - Title I: Department of Homeland Security Departmental Management and Operations - Makes appropriations for the Department of Homeland Security (DHS) for FY2009 for the Offices of the Secretary, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, the Federal Coordinator for Gulf Coast Rebuilding, and the Inspector General.

Title II: Security, Enforcement, and Investigations - Makes appropriations for FY2009 for: (1) U.S. Customs and Border Protection (CBP), including for automated systems, customs and border protection fencing, infrastructure, and technology, and air and marine interdiction, operations, maintenance, and procurement, and construction; (2) U.S. Immigration and Customs Enforcement (ICE), including for activities to promote awareness of the child pornography tipline, reimbursement of other agencies for costs associated with the repatriation of smuggled illegal aliens, detention and removal operations (including to improve efforts to identify and remove aliens convicted of a crime and sentenced to imprisonment who are judged deportable), the Federal Protective Service, and automated systems; (3) the Transportation Security Administration (TSA), including for aviation security (including screening operations and explosives detection systems), surface transportation security, transportation threat assessment and credentialing, transportation security support, and for Federal Air Marshals; (4) the Coast Guard, including for environmental compliance and restoration, reserve training, acquisition, construction, and improvements, alteration of bridges, research, development, test, and evaluation, and retired pay; and (5) the U.S. Secret Service, including for acquisition, construction, improvements, and related expenses.

Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2009 for: (1) the Office of the Under Secretary for National Protection and Programs Directorate, including for infrastructure protection and information security programs and activities, the United States Visitors and Immigrant Status Indicator Technology Project (US-VISIT), and the Office of Health Affairs; and (2) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs, firefighter assistance, and emergency management performance, the U.S. Fire Administration, disaster relief and the disaster assistance direct loan program account, the Flood Map Modernization Fund, the National Flood Insurance Fund, the National Flood Mitigation Fund, the National Pre-Disaster Mitigation Fund, and emergency food and shelter. Rescinds specified funds for Cerro Grande fire claims.

Title IV: Research and Development, Training, and Services - Makes appropriations for FY2009 for: (1) U.S. Citizenship and Immigration Services (CIS), including funding for the E-Verify program to assist U.S. employers with maintaining a legal workforce and to support implementation of the REAL ID Act to develop an information sharing and verification capability with states; (2) the Federal Law Enforcement Training Center, including for acquisition, construction, improvements, and related expenses; (3) the Office of the Under Secretary for Science and Technology, including for research, development, acquisition, and operations; and (4) the Domestic Nuclear Detection Office, including for research, development, testing, evaluation, and operations and for systems acquisition and deployment.

Title V: General Provisions - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.

(Sec. 507) Designates the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process. Requires the Director of the Federal Law Enforcement Training Center to schedule basic or advanced law enforcement training at all four training facilities under the Center's control to ensure that these centers are operated at the highest capacity throughout the fiscal year.

(Sec. 513) Prohibits: (1) the obligation of funds for implementation of the Secure Flight program or other follow on or successor passenger prescreening program, on other than a test basis, until the Secretary has certified and the Government Accountability Office (GAO) has reported that prescribed conditions have been met; and (2) during the testing phase, information gathered from passengers, foreign or domestic air carriers, or reservation systems from being used to screen aviation passengers, or delay or deny boarding to such passengers, except where passenger names are matched to a government watch list.

(Sec. 514) Prohibits the use of funds made available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act.

(Sec. 515) Prohibits the use of funds appropriated by this Act to process or approve a competition under Office of Management and Budget (OMB) Circular A-76 for services provided as of June 1, 2004, by employees of CIS who are known as Immigration Information Officers, Contact Representatives, or Investigative Assistants.

(Sec. 517) Directs the Secretary to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible. Requires existing checked baggage explosive detection equipment and screeners to be used to screen air cargo carried on such aircraft to be used to the greatest extent practicable at each airport until the new technologies are available. Requires TSA to report to the Appropriations Committees on air cargo inspection statistics by airport and air carrier. Requires incremental quarterly increases in the screening of such cargo.

(Sec. 520) Makes any funds appropriated or transferred to TSA "Aviation Security," "Administration," and "Transportation Security Support" for FY2004-FY2007, which are recovered or deobligated, available only for procurement and installation of explosive detection systems for air cargo, baggage, and checkpoint screening systems, subject to notification.

(Sec. 531) Prohibits the use of funds in this Act for deployment or operation of a DHS human resources management system.

(Sec. 532) Prohibits the use of funds in this Act in FY2009 to enforce provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 regarding the prohibition on air passengers carrying butane lighters unless the Assistant Secretary (TSA) reverses the determination of July 19, 2007, that butane lighters are not a significant threat to civil aviation security.

(Sec. 539) Prohibits funds to be used to conduct, or implement the results of, a competition under OMB Circular A-76 for activities performed with respect to the Coast Guard National Vessel Documentation Center.

(Sec. 542) Prohibits the use of funds made available in this Act for CBP or any agency or office within DHS to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply.

(Sec. 544) Prohibits the use of funds in this Act from being used for planning, testing, piloting, or developing a national identification card.

(Sec. 547) Authorizes the liquidation of the National Bio and Agro-defense Facility at Plum Island, New York. Allows the proceeds of the sale to be used to offset the costs of the Facility and certain expenses related to the sale.

(Sec. 548) Provides for Secret Service protection for the Vice President and spouse, after completion of the Vice President's term of office upon a finding of significant danger.

(Sec. 549) Directs the President to provide single payments for eligible costs under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to police and fire stations and criminal justice facilities that were damaged by Hurricanes Katrina or Rita in 2005. Prohibits the President from reducing the amount of assistance provided to a local government under that Act more than once for each such type of facility for which that local government is receiving assistance.