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vides for the acquisition or modification of assets under, 
or in support of, the Integrated Deepwater Systems pro-
gram. 
SEC. 531. None of the funds provided by this or any 
other Act may be obligated for the development, testing, 
deployment, or operation of any system related to the 
MAX–HR project, or any subsequent but related human 
resources management project, until any pending litiga-
tion concerning such activities is resolved, and any legal 
claim or appeal by either party has been fully resolved. 
SEC. 532. (a) AMENDMENTS.—Section 550 of the 
Department of Homeland Security Appropriations Act, 
2007 (6 U.S.C. 121 note) is amended— 
(1) in subsection (c), by striking ‘‘consistent 
with similar’’ and inserting ‘‘identical to the protec-
tions given’’; 
(2) in subsection (c), by striking ‘‘, site security 
plans, and other information submitted to or ob-
tained by the Secretary under this section, and re-
lated vulnerability or security information, shall be 
treated as if the information were classified mate-
rial’’ and inserting ‘‘and site security plans shall be 
treated as sensitive security information (as that 
term is used in section 1520.5 of title 49, Code of 
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Federal Regulations, or any subsequent regulations 
relating to the same matter)’’; and 
(3) by adding at the end of the section the fol-
lowing: 
‘‘(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 per-
formance with respect to chemical facility security that is 
more stringent than a regulation, requirement, or stand-
ard of performance issued under this section, or otherwise 
impair any right or jurisdiction of any State with respect 
to chemical facilities within that State.’’. 
(b) REGULATORY CLARIFICATION.—Not later than 
30 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall update the regula-
tions administered by the Secretary that govern sensitive 
security information, including 49 CFR 1520, to reference 
all information required to be protected under section 
550(c) of the Department of Homeland Security Appro-
priations Act, 2007 (6 U.S.C. 121 note), as amended by 
subsection (a). 
SEC. 533. The Commissioner of United States Cus-
toms and Border Protection shall, not later than July 1, 
2008, establish for the United States Customs and Border 
Protection Officer (CBPO) position, a new classification 
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(‘‘CBPO/LEO’’), which shall be identical to the current 
position description for a CBPO, and include, but not be 
limited to, eligibility for treatment accorded to law en-
forcement officers under subchapter III of chapter 83, and 
chapter 84 of title 5, United States Code. In developing 
the new classification, the Commissioner shall consult with 
the Office of Personnel Management, as well as employee 
groups that represent CBPOs. The option to elect to serve 
as a CBPO/LEO shall be available to all CBPOs who 
enter into service on or after July 1, 2008, as well as to 
incumbent CBPOs currently serving on July 1, 2008, who 
meet the maximum age requirements to serve in a law en-
forcement officer position. 
SEC. 534. In fiscal year 2008, none of funds made 
available in this or any other Act may be used to enforce 
section 4025(1) of Public Law 108–458 if the Assistant 
Secretary (Transportation Security Administration) deter-
mines that butane lighters are not a significant threat to 
civil aviation security: Provided, That the Assistant Sec-
retary (Transportation Security Administration) shall no-
tify the Committee on Appropriations of the Senate and 
the House of Representatives 15 days in advance of such 
determination including a report on whether the effective-
ness of screening operations is enhanced by suspending 
enforcement of the prohibition: Provided further, That if 
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the Assistant Secretary has previously submitted a report 
pursuant to Section 530 of Public Law 108–458, no fur-
ther report shall be required. 
SEC. 535. None of the funds provided in this Act may 
be used to alter or reduce operations within the Civil Engi-
neering Program of the Coast Guard nationwide, including 
the civil engineering units, facilities, design and construc-
tion centers, maintenance and logistics command centers, 
and the Coast Guard Academy, except as specifically au-
thorized by a statute enacted after the date of enactment 
of this Act. 
SEC. 536. None of the funds appropriated in this Act 
may be used for a grant or contract for any project that 
does not comply with the requirements of subchapter IV 
of chapter 31 of title 40, United States Code: Provided, 
That the President may suspend the provisions of such 
subchapter during a national emergency. 
SEC. 537. (a) None of the funds appropriated in this 
Act may be obligated for a grant or contract awarded by 
a means other than full and open competition, other than 
a grant distributed by a formula or other mechanism that 
is required by statute. The Secretary of Homeland Secu-
rity may waive the application of this subsection during 
a national emergency. 
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(b) The Secretary of Homeland Security shall estab-
lish an objective of awarding at least 3 percent of the total 
value of all contracts to be carried out with amounts ap-
propriated in this Act to small business concerns. 
SEC. 538. None of the funds provided in this Act 
shall be available to carry out section 872 of Public Law 
107–296. 
SEC. 539. Section 44940(a)(2) of title 49, United 
States Code, is amended by striking the last sentence of 
subparagraph (A), and clause (iv) of subparagraph (B). 
(RESCISSION OF FUNDS) 
SEC. 540. From the unobligated balances of funds 
transferred to the Department of Homeland Security 
when it was created in 2003, excluding mandatory appro-
priations, $55,273,000 is rescinded, of which $12,084,003 
shall be rescinded from Departmental Operations. 
SEC. 541. None of the funds provided by this or pre-
vious appropriation Acts shall be used to fund any position 
designated as a Principal Federal Official during any de-
clared disasters or emergencies. 
SEC. 542. Section 46301(a) of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(6) FAILURE TO COLLECT AIRPORT SECU-
RITY BADGES.—Notwithstanding paragraph (1), any 
employer (other than a governmental entity or air-
port operator) who employs an employee to whom an 
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airport security badge or other identifier used to ob-
tain access to a secure area of an airport is issued 
before, on, or after the date of enactment of this 
paragraph and who does not collect or make reason-
able efforts to collect such badge from the employee 
on the date that the employment of the employee is 
terminated and does not notify the operator of the 
airport of such termination within 24 hours of the 
date of such termination shall be liable to the Gov-
ernment for a civil penalty not to exceed $10,000.’’. 
SEC. 543. None of the funds made available in this 
Act may be used by U.S. Citizenship and Immigration 
Services to grant an immigration benefit to any individual 
unless all criminal history and other background checks 
required for the benefit have been completed, the results 
of such checks have been received by U.S. Citizenship and 
Immigration Services, and the results do not preclude the 
grant of the benefit. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2008’’. 
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Union Calendar No. 106 
110TH CONGRESS 
1ST SESSION 
H. R. 2638 
[Report No. 110–181] 
A BILL 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2008, and for other purposes. 
JUNE 8, 2007 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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