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HR 2638 PCSEAS

Calendar No. 206I110th CONGRESS1st Session H. R. 2638IN THE SENATE OF THE UNITED STATESJune 18, 2007Received; read twice and placed on the calendarSenate of the United States,

AN ACT July 26, 2007.

M Resolved, That the bill from the House of Representatives (H.R. 2638) entitled `An Act making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes.Be it enacted by', do pass with the Senate and House of Representatives offollowing

AMENDMENT:

Strike out all after the United States of America in Congress assembledenacting clause and insert:

,That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Department of Homeland Security for the 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, $102,930,000 (reduced by $15,000,000) (reduced by $1,000,000) (reduced by $79,000) (reduced by $300,000) (reduced by $1,241,000) (reduced by $138,000)0,000,000: 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), $237,765,000 (reduced by $35,000,000) (reduced by $11,000,000) (reduced by $10,400,000) (reduced by $35,000,000) (reduced by $89,125,000) (reduced by $15,000,000) (reduced by $50,000,000)4,883,000, of which not to exceed $3,000 shall be for official reception and representation expenses: Provided, That of the total amount provided, $6,000,000 shall remain available until expended solely for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters operations; and $388,000,000 shall remain available until by the Federal Law Enforcement Training Accreditation Board expended for the needs of Federal law enforcement agencies participating in training accreditation: Consolidated Headquarters ProjectProvided further, That no funding provided under this heading may be used to design, build, or relocate any Departmental activity to the Saint Elizabeths campus until the Department submits to the Committees on Appropriations of the Senate and the House of Representatives: (1) the published U-Visa rule; and (2) a detailed expenditure plan for checkpoint support and explosive detection systems refurbishment, procurement, and installations on an airport-by-airport basis for fiscal year 2008.

Office of the Chief Financial Officer

For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), $32,000,000 (reduced by $1,000,000) (reduced by $500,000)$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, $258,621321,100,000; of which $79,92182,400,000 shall be available for salaries and expenses; and of which $178,700,000$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, to remain available until expendedof 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: Provided further, That the Chief Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not more than 60 days after the date of enactment of this Act, an expenditure plan for all information technology acquisition projects with an estimated cost of $2,500,000 or more: Provided further, That such expenditure plan shall include each specific project funded, key milestones, all funding sources for each project, details of annual and lifecycle costs, and projected cost savings or cost avoidance to be achieved by the project: Provided further, That notwithstanding any other provision of law, none of the funds made available in this or any other Act may be obligated to provide for the oversight or management of the Integrated Wireless Network program by any employee of the Office of the Chief Information Officer.

Analysis and Operations

For necessary expenses for information analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $291,619,000 (increased by $10,000,000)306,000,000, to remain available until September 30, 2009, of which not to exceed $5,000 shall be for official reception and representation expenses: Provided, That the Director of Operations Coordination shall encourage rotating State and local fire service representation at the National Operations Center.

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.), $99,111,000 (increased by $500,000)5,211,000, 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: Provided, That the Inspector General shall investigate decisions made regarding, and the policy of the Federal Emergency Management Agency relating to, formaldehyde in trailers in the Gulf Coast region, the process used by the Federal Emergency Management Agency for collecting, reporting, and responding to health and safety concerns of occupants of housing supplied by the Federal Emergency Management Agency (including such housing supplied through a third party), and whether the Federal Emergency Management Agency adequately addressed public health and safety issues of households to which the Federal Emergency Management Agency provides disaster housing (including whether the Federal Emergency Management Agency adequately notified recipients of such housing, as appropriate, of potential health and safety concerns and whether the institutional culture of the Federal Emergency Management Agency properly prioritizes health and safety concerns of recipients of assistance from the Federal Emergency Management Agency), and submit a report to Congress relating to that investigation, including any recommendations.

TITLE II

--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

United States.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 (2,3400 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $6,629,733,000 (reduced by $1,000,000) (increased by $1,000,000),01,058,000; 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 $15,000,000 shall be used to procure commercially available technology in order to expand and improve the risk-based approach of the Department of Homeland Security to target and inspect cargo containers under the Secure Freight Initiative and the Global Trade Exchange; of which $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 $20726,740,000 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; of which $40,000,000 shall be utilized to develop and implement a Model Ports of Entry program and provide resources necessary for 200 additional U.S. Customs and Border Protection officers at the 20 United States international airports that have the highest number of foreign visitors arriving annually as determined pursuant to the most recent data collected by U.S. Customs and Border Protection available on the date of enactment of this Act, to provide a more efficient and welcoming international arrival process in order to facilitate and promote business and leisure travel to the United States while also improving security; 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.S. Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies: Provided further, That of the amount made available under this heading, $202,816,000 shall remain available until September 30, 2009, to support software development, equipment, contract services, and the implementation of inbound lanes and modification to vehicle primary processing lanes at ports of entry, of which $100,000 is to promote information and education exchange with nations friendly to the United States in order to promote sharing of best practices and technologies relating to homeland security, as authorized by section 879 of Public Law 107-296 and $100,000,000 may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive a report on the results of pilot programs used to develop and implement the plan required by section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), which includes the following information: (1) infrastructure and staffing required, with associated costs, by port of entry; (2) updated milestones for plan implementation; (3) a detailed explanation of how requirements of such section have been satisfied; (4) confirmation that a vicinity-read radio frequency identification card has been adequately tested to ensure operational success; and (5) a description of steps taken to ensure the integrity of privacy safeguards.

AUTOMATION MODERNIZATION

For expenses for customs and border protection automated systems, $476,609,000, to remain available until expended, of which not less than $316,969,000 shall be for the development of the Automated Commercial Environment: Provided, That of the total amount made available under this heading, $216,969,000 may not be obligated for the Automated Commercial program Environment 30 days after until the Committees on Appropriations of the Senate and the House of Representatives receive a report on the results to date and plansplan for expenditure prepared by the program from the DepartmentSecretary of Homeland Security that includes:

(1) a detailed accounting of the program's up progress the to of the report in meeting prior commitments made to the Committees 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 unobligated funds for the program from prior appropriations and all fiscal year 2008 all funds are to be spentobligated to meet future program commitments, sufficient detail to link with the planned expenditure of funds linked to the milestone-based delivery of specific capabilities, services, performance levels, mission benefits and outcomes, and program management capabilities;

(3) a listing of all open Government Accountability Office and Office of Inspector General recommendations related to the program, with and the status of the Department's effortDepartment of Homeland Security actions to address the recommendations, including milestones for fully addressing them;

(4) written a certification by the Chief Financial Officer of the of Homeland Security Department that the program has been reviewed and approved in accordance with Department's the investment management process of the Department, and that thise process fulfills all capital planning and investment control requirements and reviews established by the Office of Management and Budget, including Circular A-11, part 7, as well as copies of all investment decision memoranda and supporting analyses generated by and used in the Department's process;;

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

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

(7) a written certification by the Chief Information Officer of the Department of Homeland Security that the program has a risk management process that regularly and proactively identifies, evaluates, mitigates, and monitors risks throughout the system life cycle, and communicates high-risk conditions to United States Customs and Border Protection and Department of Homeland Security investment decision makers, as well as a listing of the program's high risks and the status of efforts to address them; (7(8) written a certification by the Chief Procurement Officer of the of Homeland Security Department that the plans for the program comply with the Federal acquisition rules, requirements, guidelines, and practices, and a description of the actions being taken to address areas of non-compliance, the risks associated with them along with any plans for addressing these risks and the status of their implementation;

and (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) written a certification by the Chief Human Capital Officer of the of Homeland Security 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 (reduced by $5,000,000) (increased by $5,000,000) (increased by $89,125,000), to remain available until expended: Provided, That of the amount provided under this heading, $7500,000,000 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 690 days after the date of enactment of this Act, for a program to establishthat includes:

(1) a security barrier along the bordersdetailed accounting of the United States of fencing and vehicle barriers, where practicable, and other forms of tactical infrastructureprogram's progress to date relative to system capabilities or services, system performance levels, mission benefits and technology, that--outcom(1) defines activities, milestones, cost targets, and costs for implementing the program, including identificatioprogram management capabilities;

(2) an explicit plan of the maximum investment relatedaction defining how all funds are to the Secure Border Initiative network (SBInet) or successor contract, estimation of lifecycle costs, and description of the methodology usbe obligated to obtain these cost figures;meet future program commitments, with(2) demonstrates how activities will further the objectivesplanned expenditure of the Secure Border Initiative (SBI), as defined in the SBI multi-year strategic plan, and how the plan allocates fundingfunds linked to the highest priority border security needs;milestone-based delivery(3) identifies funding and staffing (including full-time equivalents, contractors, and detailees) requirements by activity;(4) describes how the plan addresses security needs at the Northern Border and the ports of entry, including infrastructure, technology, designspecific capabilities, services, performance levels, mission benefits and operations requirements;utcomes(5) reports on costs incurred, the activities completed, the progress made by the and program in terms of obtaining operational control of the entire border of the United States;management capabilities;

(6) includes an analysis by the Secretary, for each segment of fencing or tactical infrastructure, of the selected approach compared to other, alternative means of achieving operational control; such analysis should include cost, level (3) a listing of operational control, possible unintended effects on communities,all open Government Accountability Office and other factors criticalOffice of Inspector General recommendations related to the decision-making process;program and(7) includes a certification by the Chief Procurement Officerstatus the of Department of Homeland Security that procedures to prevent conflicts of interest between the prime integrator and major subcontractors are established and that the SBI Program Office has adequate staff and resourceactions to effectively manageaddress the SBI program, SBInet contract, and any related contractrecommendations, including the exercise of technical oversight, andmilestones for fully addressing them;

(4) a certification by the Chief InformationFinancial Officer of the of Homeland Security Department an independent verification and validation agent is currently under contract for that the projects funded under this heading;gram has been reviewed(8) complies with all applicable acquisition rules, requirements, guidelines, and best systems acquisitionapproved in accordance with the investment management practiceocess of the Federal Government;Department, and that(9) complies with the process fulfills all capital planning and investment review control requirements and reviews established by the Office of Management and Budget, including Circular A-11, part 7;

(10) is reviewed and approved (5) a certification by the DepartmentChief Information Officer Homeland Security Investment Review Board, of the Secretary of Homeland Security,Department that an independent validation and the Office of Managementverification agent has and Budget; andwill continue to actively review the program;

(11) is reviewed (6) a certification by the Government Accountability Office:Chief Information Officer ofProvided further, That the Secretary shall report toDepartment that the Committees on Appropriationssystem architecture of the Senate andprogram is sufficiently aligned with the Housinformation systems enterprise architecture Representatives on program progress to date, and specific objectives to be achieved through of the awardDepartment to minimize future rework, including a description of currentall aspects of the architectures that were and remaining task orders planned forwere not assessed in making the balance of available appropriations: (1) at least 30 days prior toalignment determination, the awarddate any task order requiring of the obligation in excesalignment determination, any known areas of $100,000,000;misalignment along with the associated risks and (2) priorcorrective actions to the award ofaddress any such areas;

(7) a task order that would cause cumulative obligations to exceed 50 percent ofcertification by the total amount appropriated: Chief Procurement OfficerProvided further, That of the funds provided under this heading, not more than $2,000,000 shall be used to reimburseDepartment that the Defense Acquisition Universityplans for the costs of conducting a review ofprogram comply with the SBInet contractFederal acquisition rules, requirements, guidelines, and determining howpractices, and whether the Department is employinga description of the best procurement practices: actions being taken to address areasProvided further, That none of non-compliance, the funds under this heading may be obligatedrisks associated with them along with any plans for fencing or tactical infrastructure on lands administered by the National Park Service, the United States Fishaddressing these risks Wildlife Service, and the Forest Service, the Bureaustatus of Indian Affairs, ortheir implementation;

(8) a certification by the BureauChief Information Officer Land Management unless of the Secretary of Homeland Security coordinates such decision withDepartment agency, and makes every effort to minimize impacts on wildlife and natural resources: Provided further, That none of that the funds under this heading may be obligated forprogram has a fencing or tactical infrastructure project or activity unlessrisk management process that regularly identifies, evaluates, mitigates, and monitors risks throughout the Secretary formally consults with affected Statesystem life cycle, and local communitiecommunicates high-risk conditions to solicit their adviceagency and support of such project or activity: department heads, as well as a listingProvided further, That no funds under this heading may be obligated for any project or activity for which the Secretary has exercised waiver authority pursuant to section 102(c) of all the Illegal Immigration Reformprogram's high risks and Immigrant Responsibility Actthe status of 1996 (efforts to address them;

8 U.S.C. 1103 (9) a certification by note) until 15 days have elapsed from the dateChief Human Capital Officer of the publicationDepartment that the human capital needs of the decisionprogram are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the plans discussed in the Federal Registerreport;

(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, $477,2888,947,000, to remain available until expended: Provided, That no aircraft or other related equipment, exceptwith the exception of aircraft that are one-of-a- of a kind and have been identified as excess to United States Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2008 without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives: .

Provided further, CONSTRUCTION

That none of the funds under this heading may be obligated for procurement of additional unmanned aerial systems until the Commissioner of United States Customs and Border Protection certifies to the Committees on Appropriations of the Senate and House of Representatives that they are of higher priority and more cost effective than other items included in the Air and Marine Strategic Recapitalization and Modernization plan.CONSTRUCTIONFor necessary expenses to plan, construct, renovate, equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $249,674,863,000, to remain available until expended.; of which $40,200,000 shall be for the Advanced Training Center.

United StatesU.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; $4,146,300,000 (increased by $9,100,000) (reduced by $5,000,000) (increased by $5,000,000)401,643,000, of which not to exceed $10,07,500,000 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 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled illegal aliens: Provided, That 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 athe designee of the Secretary, may waive that amount as necessary for national security purposes and in cases of immigration emergencies: Provided further, That of the total amount provided, $15,770,000 shall be for activities to enforce laws against forced child labor in fiscal year 2008, of which not to exceed $6,000,000 shall remain available until expended: Provided further, That at least once per month the Secretary of Homeland Security or a designee of the Secretary shall obtain information from every prison, jail, and correctional facility in the United States to identify incarcerated aliens who may be deportable and make every reasonable effort to remove such aliens judged deportable upon their release from custody.

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally-owned and leased buildings and for the operations of the Federal Protective Service: Provided, none of That the funds provided in this or any other Act,Secretary of Homeland Security and nonethe Director of the revenues or collectionsOffice of security fees creditedManagement and Budget shall certify in writing this account, may be obligated for any activity that reduces to the numberCommittees on Appropriations in-service Federal Protective Service police officers below of the number of such officers asSenate and the House of OctoRepresentatives no later than November 1, 2006, unless--7, that(1) the Directoroperations of the Federal Protective Service provides to the head of the relevant lead Statewill be fully funded in fiscal year 2008 through revenues and local law enforcement agencies for the jurisdiction concernedcollection of security fees: Provided further, That a report oncertification shall be provided no later than February 10, 2008, for fiscal year 2009: Provided further, That the number and typeSecretary of cases handled by the Federal Protective Service police inHomeland Security shall ensure jurisdiction for that the previous two fiscal years;workforce(2) the Director of the Federal Protective Service negotiates a Memorandum of Agreement with the head of each relevant Stateincludes not fewer than 1,200 Commanders, Police Officers, Inspectors, and local law enforcement agency for the jurisdiction concerned that explains how the work identifiedSpecial Agents engaged on a daily basis in protecting Federal buildings (under this heading referred to as `in-service') contingent on the report describedavailability of sufficient revenue in section (1) will be addressedcollections of security fees in this account for this purpose: Provided further, That the future; andSecretary of Homeland Security and(3) the Director of the Federal Protective Service submits copiesOffice of each report under paragraph (1)Management and each memorandum under paragraph (2)Budget shall adjust fees as necessary to the Committees on Appropriations of the Senate and the Houseensure full funding Representatives by of not latfewer than 15 days before the number of,200 in-service Commanders, Police Officers, Inspectors, and Special Agents at the Federal Protective Service police officers is reduced for the concerned jurisdiction.

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement automated systems, $30,715,000,000, to remain available until expended: Provided, none 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 and approve receive a plan for expenditure prepared by the Secretary of Homeland Security that--.

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

(2) complies with the Department of Homeland Security information systems enterprise architecture;(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;(4) includes a certification by the Chief Information Officer of the Department of Homeland Security that an independent verification and validation agent is currently under contract for the project;(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and(6) is reviewed by the Government Accountability Office.CONSTRUCTIONFor necessary expenses to plan, construct, renovate, equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $6,0016,250,000, to remain available until expended: Provided, That none of the funds made available in this or any other Act may be used to solicit or consider any request to privatize facilities currently owned by the United States Government and used to detain illegal aliens until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for carrying out that privatization.

Transportation Security Administration

AVIATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,198,535042,559,000, 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 $4,218,194074,889,000 shall be for screening operations, of which $560,029,400,000 shall be available only for procurement and installation of checked baggage explosive detection systems; and not to exceed $980,11667,445,000 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 under this heading appropriated from the general fGeneral 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 fGeneral Fund estimated at not more than $2,488,310332,344,000: 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, $49,490,000 (increased by $15,000,000)67,490,000, to remain available until September 30, 2009: Provided, That if the Assistant Secretary of Homeland Security (Transportation Security Administration) determines that the Secure Flight program does not need to check airline passenger names against the full terrorist watch list, then the Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no security risks are raised by screening airline passenger names only against a subset of the full terrorist watch list.

TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to providing transportation security support and intelligence pursuant to the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $526,61,515,000, 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 shall submitubmits 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 Acta detailed expenditure plan for checkpoint support and explosive detection systems refurbishment, procurement, and installations on an airport-by-airport basis for fiscal year 2008: Provided, further, That notwithstanding any other provision of law, the acquisition management system shall be subject to the provisions of the Small Business Act (15 U.S.C. 631 et seq.).

FEDERAL AIR MARSHALS

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

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; $5,885,242930,545,000, 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 $210,000 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 1211409 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, $15,0002,079,000, 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; $941,7671,048,068,000, 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 $1173,600,000 shall be available until September 30, 2010, for other equipment; of which $37,897,000 shall be available until September 30, 2010, for shore facilities and aids to navigation facilities; of which $82,720505,000 shall be available for compensation and benefits and personnel related costs; and of which $698,350770,079,000 shall be available until September 30, 2012, for the Integrated Deepwater Systems program: Provided, That of theno funds madshall be available for procurements related to the acquisition of additional major assets as part of the Integrated Deepwater Systems program, $257,400,000 is not already under contract until an Alternatives Analysis has been completed by an independent qualified third party: Provided further, That no funds contained in this Act shall be available for aircraft and $219,500,000procurement of the third National Security Cutter until an Alternatives Analysis has been completed by an independent qualified third party: Provided further, That the Commandant of the Coast Guard is authorized to dispose of surplus real property, by sale or lease, and the proceeds shall be credited to this appropriation as offsetting collections and shall be available until September 30, 2010: Provided further, That of amounts made available under this heading in Public Law 109-90, $48,787,000 for surface shipsthe Offshore Patrol Cutter are rescinded: Provided further, $400,000,000 That of the funds providedamounts made available under this heading in Public Law 109-295, $8,000,000 for the Integrated Deepwater Systems program may not be obligated untilFast 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 receive and approve a planwithin 60 days after the date of enactment of this Act for funds made available expenditure directly from for the Coast Guard that--Integrated Deepwater Program, that: (1) defines activities, milestones, yearly costs, and life-cycle costs for each procurement of a major asset, including an independent cost estimate for each;; (2) identifies life-cycle staffing and training needs of Coast Guard project managers and of procurement and contract staff;(3) identifies competition (3) includes a certification by the Chief Human Capital Officer of the Department that current human capital capabilities are sufficient to be conducted in each procurement;execute the(4) describes procurement plans that do not rely on a single industry entity or contract;discussed in(5) contains very limited indefinite delivery/indefinite quantity contracts and explains the needreport; (4) identifies individual project balances by fiscal year, including planned carryover into fiscal year 2009 by project; (5) identifies operational gaps any indefinite delivery/indefinite quantity contracts;(6) complies with for all applicable acquisition rules, requirements,Deepwater assets and guidelines,an explanation of how funds provided in this Act address the shortfalls between current operational capabilities and incorporatesrequirements; (6) includes a listing of all open Government Accountability Office and Office of Inspector General recommendations related to the best systems acquisition management practiceprogram and the status of Coast Guard actions to address the Federal Government;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(7) complies 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 cCircular A-11, part 7;(8 (8) identifies competition to be conducted in each procurement; (9) includes a certification by the Hhead of Contracting Acontracting activity for the Coast Guard and the Chief Procurement Officer of the of Homeland Security Department that the Coast Guard has established sufficient controls and procedures and has sufficient staffing toplans for the program comply with all contracting requirementsthe Federal acquisition rules, requirements, guidelines, and practices, that any apparent conflicts of interest have been sufficiently addressed;(9) includes and a description of process used to act upon deviations from the contractually specified performance requirements and clearly explains the the actions being taken on such deviations;to address areas(10) includes a certification that the Assistant Commandant of non-compliance, the Coast Guard for Engineering and Logistics is designated as the technical authorityrisks associated with them along with plans for all engineering, design,ddressing these risks logistics decisions pertaining to and the Integrated Deepwater Systems program;status of their implementation; (10(11) identifies the use of the Defense Contract Auditing Agency; andindependent validation and verification; and (11(12) is reviewed by the Government Accountability Office:Provided further, That the Commandant of the Coast Guard is authorized to dispose of surplus real property, by sale or lease, and the proceeds shall be credited to this appropriation as offsetting collections and shall be available until September 30, 2010: Provided further, That of amounts made available under this heading in Public Law 109-90 for the Offshore Patrol Cutter, $68,841,000 is rescinded: Provided further, That of amounts made available under this heading in Public Law 109-90 and Public Law 109-295 for unmanned aerial vehicles, $38,608,000 is rescinded: Provided further, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction with the President's fiscal year 2009 budget, a review of the Revised Deepwater Implementation Plan that identifies any changes to the plan for the fiscal year; an annual performance comparison of Deepwater assets to pre-Deepwater legacy assets; a status report of legacy assets; a detailed explanation of how the costs of legacy assets are being accounted for within the Deepwater program; and the earned value management system gold card data for each Deepwater asset: Provided further, That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives a comprehensive review of the Revised Deepwater Implementation Plan every five years, beginning in fiscal year 2011, that includes a complete projection of the acquisition costs and schedule for the duration of the plan through fiscal year 2027: Provided further, That the Secretary shall annually submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget is submitted under section 1105(a) of title 31, United States Code, a future-years capital investment plan for the Coast Guard that identifies for each capital budget line item--

(1) the proposed appropriation included in that budget;

(2) the total estimated cost of completion;

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

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

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

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

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs Act of July 16, 1952 (chapter 409; (33 U.S.C. 516), $16,000,000, to remain available until expended.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $22,583,000 (reduced by $5,000,000)5,583,000, 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 United States 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 $853,690,000 is for protective missions and 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 Executive agencFederal 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: Provided further, That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount as necessary for national security purposes: Provided further, That notwithstanding section 503(b) of this Act, none of the funds provided to the United States Secret Service by this or any previous appropriations Act shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $2,500,000 or 5 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 5 percent funding for any existing program, project, or activity, or reduces by 5 percent numbers of personnel as approved by the Congress; or (3) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by Congress; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

TITLE III

--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

National Protection and Programs Directorate

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the immediate Office of the Under Secretary for National Protection and Programs, the National Protection Planning Office, support services for operations,business operations and information technology, and Risk Management and Analysis, $40,346facility costs, $30,000,000: Provided, That not to exceed $5of the amount provided, $15,000,000 shall not be for official receptionobligated until the Committees on Appropriations of the Senate and representation expensesthe 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.), $532,881 or subtitle J of title VIII of the Homeland Security Act of 2002, as added by this Act, $527,099,000, of which $471,78797,099,000 shall remain available until September 30, 2009, and of which, $2,000,000 shall be to carry out subtitle J of title VIII of the Homeland Security Act of 2002, as added by this Act: Provided, That $10,043,000 shall be for the Office of Bombing Prevention and not more than $26,100,000 shall be for the Next Generation Network.

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), $4362,000,000, to remain available until expended: Provided, That of the total amount made available under this heading, $232100,000,000 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) meets (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 review control requirements and reviews established by the Office of Management and Budget, including Circular A-11, part 7;

(2) complies with the Department of Homeland Security information systems enterprise architecture; (5)(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;(4) includes a certification by the Chief Information Officer of the of Homeland Security Department that an verification and independent validation and verification agent is currently under contract for the project;has(5) is reviewed and approvedwill continue to actively review the program;

(6) a certification by the Chief Information Officer of the Department that the system architecture Homeland Security Investment Review Board, of the Secretaryprogram is sufficiently aligned with the information systems enterprise architecture of Homeland Security,the Department to minimize future rework, including a description of all aspects of the architectures that were and were not assessed in making the Officalignment determination, the date of Managementthe alignment determination, any known areas of misalignment along with the associated risks and Budget;corrective actions to address any such areas;

(6) is reviewed (7) a certification by the Government Accountability Office;Chief Procurement Officer of the Department that the plans(7) includes a comprehensive strategic plan for the United States Visitorprogram comply with the Federal acquisition rules, requirements, guidelines, and practices, Immigrant Status Indicator Technology project;(8) includes and a complete scheduledescription 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 full implementationstatus of a biometric exit program ortheir implementation;

(8) a certification by the Chief Information Officer of the Department that suchthe program is not possible within five years; andha(9) includes a detailed accounting of operation and maintenance, contractor servicrisk management process that regularly identifies, evaluates, mitigates, and program costs associated withmonitors risks throughout the managementsystem life cycle, and communicates high-risk conditions to agency and department heads, as well as a listing of identity services:allProvided further, That quarterly status reports on the US-VISIT program submittedprogram's high risks and the status of efforts to address them;

(9) a certification by the Committees on Appropriationshief Human Capital Officer of the Senate and HouseDepartment that the human capital needs Representatives shall include reporting on coordination with Western Hemisphere Travel Initiative planning and implementation, of the Secure Border Initiativeprogram are being strategically and proactively managed, other Departmental efforts and that relatecurrent human capital capabilities are sufficient to US-VISIT goals and activitiesexecute 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, $117,9335,000,000; of which $25,7500,817,000 is for salaries and expenses; and of which $924,183,000 is for biosurveillance, BioWatch, medical readiness planningbiowatch, chemical response, and other activitiesrelated 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 of the Federal Emergency Management Agency, $685,0, $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.and ), 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, $350,000,000 shall be for Urban Search and Rescue Teams, of which not to exceed $1,600,000 may be made available for administrative costs: Provided further, That no less than $6of the total amount made available under this heading, $1,000,000 shall be to develop a web-based version of the National Fire Incident Reporting System that will ensure that fire-related data can be submitted and accessed by fire departments in real time: Provided further, That not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall, as appropriate, update training practices for all customer service employees, employees in the Office of General Counsel, and other appropriate employees of the National Capital Region CoordinationFederal Emergency Management Agency relating to addressing health concerns of recipients of assistance from the Federal Emergency Management Agency.

STATE AND LOCAL PROGRAMS

For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism prevention activities, notwithstanding any other provision of law, $3,101,000,000 (increased by $50,000,000) (increased by $1,000,000) (increased by $50,000,000)30,500,000, which shall be allocated as follows:

(1) $550 (1) $525,000,000 for formula-based grants and $400375,000,000 for law enforcement terrorism prevention grants pursuant, 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 or to Puerto Rico State shall be made available by the State orto 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) $1,858,000,000 (increased by $50,000,000) (increased by $50,000,000)36,000,000 for discretionary grants, as determined by the Secretary of Homeland Security, of which--

(A) $800,000,000 (increased by $50,000,000) (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 (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 grants security pursuant to section 70107 of title 46, United States Code;46 U.S.C. 70107;

(C) $10 (D) $16,000,000 shall be for infrastructure protection grants related to trucking industry security grants;;

(D) $11 (E) $12,000,000 shall be for infrastructure protection grants related to intercity bus security grants;;

(E (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 grants;;

(F (G) (increased by $50,000,000) $50,000,000 shall be for infrastructure protection grants related to buffer zone protection grants;;

(G) $2 (H) $40,000,000 shall be available for the Commercial Equipment Direct Assistance grants;Program;

(H) $50 (I) $33,000,000 shall be for the Metropolitan Medical Response System grants;; and

(I) $17,000,000 shall be for Citizen Corps grants; (J) $15(J) $50,000,000 shall be for interoperable communications grants; andCitizens Corps:

(K) $50,000,000Provided, That not to exceed 3 percent of subparagraphs (A)-(J) shall be available for Real ID grants pursuant to Public Law 109-13:program administration: ProvidedProvided 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: