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SEC. 522. The Department of Homeland Security 
Working Capital Fund, established pursuant to section 
403 of Public Law 103–356 (31 U.S.C. 501 note), shall 
continue operations during fiscal year 2008. 
SEC. 523. (a) The report required by Public Law 
109–62 and Public Law 109–90 detailing the allocation 
and obligation of funds for ‘‘Disaster Relief’’ shall here-
after be submitted monthly and include: (1) status of the 
Disaster Relief Fund including obligations, allocations, 
and amounts undistributed/unallocated; (2) allocations, 
obligations, and expenditures for Hurricanes Katrina, 
Rita, and Wilma; (3) information on national flood insur-
ance claims; (4) information on manufactured housing 
data; (5) information on hotel and motel data; (6) obliga-
tions, allocations, and expenditures by State for unemploy-
ment, crisis counseling, inspections, housing assistance, 
manufactured housing, public assistance, and individual 
assistance; (7) mission assignment obligations by agency, 
including: (A) the amounts reimbursed to other agencies 
that are in suspense because the Federal Emergency Man-
agement Agency has not yet reviewed and approved the 
documentation supporting the expenditure; and (B) a dis-
claimer if the amounts of reported obligations and expend-
itures do not reflect the status of such obligations and ex-
penditures from a government-wide perspective; (8) the 
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amount of credit card purchases by agency and mission 
assignment; (9) specific reasons for all waivers granted 
and a description of each waiver; and (10) a list of all 
contracts that were awarded on a sole source or limited 
competition basis, including the dollar amount, the pur-
pose of the contract and the reason for the lack of com-
petitive award. 
(b) The Secretary of Homeland Security shall, at 
least quarterly, obtain and report from each agency per-
forming mission assignments each such agency’s actual 
obligation and expenditure data and include such data in 
the report referred to in subsection (a). 
(c) For any request for reimbursement from a Fed-
eral agency to the Department of Homeland Security to 
cover expenditures under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), or any mission assignment orders issued by the De-
partment 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 sup-
porting documentation for reimbursements; and 
(2) the necessity for timeliness of agency bil-
lings. 
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SEC. 524. Within 45 days after the close of each 
month, the Chief Financial Officer of the Department of 
Homeland Security shall submit to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives a monthly budget and staffing report that includes 
total obligations and on-board versus funded full-time 
equivalent staffing levels. 
SEC. 525. Section 532(a) of Public Law 109–295 is 
amended by striking ‘‘2007’’ and inserting ‘‘2008’’. 
SEC. 526. None of the funds made available by this 
Act shall be used in contravention of the Federal buildings 
performance and reporting requirements of Executive 
Order No. 13123, part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub-
title A of title I of the Energy Policy Act of 2005 (includ-
ing the amendments made thereby). 
SEC. 527. The functions of the Federal Law Enforce-
ment Training Center instructor staff shall be classified 
as inherently governmental for the purpose of the Federal 
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 
note). 
SEC. 528. None of the funds made available in this 
Act may be used in contravention of section 303 of the 
Energy Policy Act of 1992 (42 U.S.C. 13212). 
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SEC. 529. None of the funds made available by this 
Act may be used to take an action that would violate Exec-
utive Order No. 13149 (65 Fed. Reg. 24607; relating to 
greening the Government through Federal fleet and trans-
portation efficiency). 
SEC. 530. (a) IN GENERAL.—Any contract, sub-
contract, task or delivery order described in subsection (b) 
shall contain the following: 
(1) A requirement for a technical review of all 
designs, design changes, and engineering change 
proposals, and a requirement to specifically address 
all engineering concerns identified in the review be-
fore the obligation of further funds may occur. 
(2) A requirement that the Coast Guard main-
tain technical warrant holder authority, or the equiv-
alent, for major assets. 
(3) A requirement that no procurement subject 
to subsection (b) for lead asset production or the im-
plementation of a major design change shall be en-
tered into unless an independent third party with no 
financial interest in the development, construction, 
or modification of any component of the asset, se-
lected by the Commandant of the Coast Guard, de-
termines that such action is advisable. 
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(4) A requirement for independent life-cycle 
cost estimates of lead assets and major design and 
engineering changes. 
(5) A requirement for the measurement of con-
tractor and subcontractor performance based on the 
status of all work performed. For contracts under 
the Integrated Deepwater Systems program, such 
requirement shall include a provision that links 
award fees to successful acquisition outcomes (which 
shall be defined in terms of cost, schedule, and per-
formance). 
(6) A requirement that the Commandant of the 
Coast Guard assign an appropriate officer or em-
ployee of the Coast Guard to act as chair of each in-
tegrated product team and higher-level team as-
signed to the oversight of each integrated product 
team. 
(7) A requirement that the Commandant of the 
Coast Guard may not award or issue any contract, 
task or delivery order, letter contract modification 
thereof, or other similar contract, for the acquisition 
or modification of an asset under a procurement 
subject to subsection (b) unless the Coast Guard and 
the contractor concerned have formally agreed to all 
terms and conditions or the head of contracting ac-
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tivity of the Coast Guard determines that a compel-
ling need exists for the award or issue of such in-
strument. 
(b) CONTRACTS, SUBCONTRACTS, TASK AND DELIV-
ERY ORDERS COVERED.—Subsection (a) applies to— 
(1) any major procurement contract, first-tier 
subcontract, delivery or task order entered into by 
the Coast Guard; 
(2) any first-tier subcontract entered into under 
such a contract; and 
(3) any task or delivery order issued pursuant 
to such a contract or subcontract. 
(c) REPORTS.—Not later than 30 days after the date 
of enactment of this Act, the Commandant of the Coast 
Guard shall submit to the Committees on Appropriations 
of the Senate and the House of Representatives, the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, and the Committee on Transportation and Infra-
structure of the House of Representatives: (1) a report 
on the resources (including training, staff, and expertise) 
required by the Coast Guard to provide appropriate man-
agement and oversight of the Integrated Deepwater Sys-
tems program; and (2) a report on how the Coast Guard 
will utilize full and open competition for any contract en-
tered into after the date of enactment of the Act that pro-
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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. 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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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 
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-
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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. 
SEC. 544. None of the funds made available in this 
Act may be used to destroy or put to pasture any horse 
or mule belonging to the Unites States that has become 
unfit for service. 
SEC. 545. CRITICAL INFRASTRUCTURE VULNERABILITY. 
None of the funds in this Act may be used to limit 
the implementation of Homeland Security Presidential Di-
rective 7 (HSPD–7). 
SEC. 546. None of the funds made available in this 
Act may be used to implement any plan developed under 
section 7209(b)(1) of the Intelligence Reform and Ter-
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rorism Prevention Act of 2004 (Public Law 108–458; 8 
U.S.C. 1185 note) before June 1, 2009. 
SEC. 547. None of the funds made available in this 
Act may be used in contravention of section 642(a) of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1373(a)). 
SEC. 548. The Amount otherwise provided by this Act 
for ‘‘Firefighter Assistance Grants’’ is hereby increased by 
$5,058,000, which shall be available to carry out section 
34 of the Federal Fire Prevention and Control Act of 
1974. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2008’’. 
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 
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Homeland Security Act of 2002 (6 U.S.C. 112), and execu-
tive 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 representa-
tion 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 Gov-
ernment Accountability Office with access to records not to 
exceed 20 days from the date of request; (2) expedited time-
frames for interviews of program officials by the Govern-
ment Accountability Office after reasonable notice has been 
furnished to the Department by the Government Account-
ability Office; and (3) a significant streamlining of the re-
view process for documents and interview requests by liai-
sons, counsel, and program officials, consistent with the ob-
jective that the Government Accountability Office be given 
timely and complete access to documents and agency offi-
cials: Provided further, That the Secretary shall make the 
revisions to Departmental guidance with respect to rela-
tions with the Government Accountability Office in con-
sultation with the Comptroller General of the United States. 
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OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under Sec-
retary 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 ex-
ceed $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 alter-
ation and improvement of facilities, tenant improvements, 
and relocation costs to consolidate Department head-
quarters operations; and $88,000,000 shall remain avail-
able until expended for the Consolidated Headquarters 
Project. 
OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Finan-
cial 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 Infor-
mation Officer, as authorized by section 103 of the Home-
land 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 ex-
pended, shall be available for development and acquisition 
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