H. R. 2764—228 
and amounts shall be approved by the Committees on Appropria-
tions of the Senate and the House of Representatives 30 days 
in advance of obligation. 
SEC. 505. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 2008 from appropriations for salaries 
and expenses for fiscal year 2008 in this Act shall remain available 
through September 30, 2009, in the account and for the purposes 
for which the appropriations were provided: Provided, That prior 
to the obligation of such funds, a request shall be submitted to 
the Committees on Appropriations of the Senate and the House 
of Representatives for approval in accordance with section 503 
of this Act. 
SEC. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress 
for purposes of section 504 of the National Security Act of 1947 
(50 U.S.C. 414) during fiscal year 2008 until the enactment of 
an Act authorizing intelligence activities for fiscal year 2008. 
SEC. 507. The Federal Law Enforcement Training Accreditation 
Board shall lead the Federal law enforcement training accreditation 
process, to include representatives from the Federal law enforce-
ment community and non-Federal accreditation experts involved 
in law enforcement training, to continue the implementation of 
measuring and assessing the quality and effectiveness of Federal 
law enforcement training programs, facilities, and instructors. 
SEC. 508. None of the funds in this Act may be used to make 
a grant allocation, discretionary grant award, discretionary contract 
award, or to issue a letter of intent totaling in excess of $1,000,000, 
or to announce publicly the intention to make such an award, 
including a contract covered by the Federal Acquisition Regulation, 
unless the Secretary of Homeland Security notifies the Committees 
on Appropriations of the Senate and the House of Representatives 
at least three full business days in advance: Provided, That no 
notification shall involve funds that are not available for obligation: 
Provided further, That the notification shall include the amount 
of the award, the fiscal year in which the funds for the award 
were appropriated, and the account from which the funds are being 
drawn: Provided further, That the Federal Emergency Management 
Agency shall brief the Committees on Appropriations of the Senate 
and the House of Representatives five full business days in advance 
of announcing publicly the intention of making an award of State 
Homeland Security grants; Urban Area Security Initiative grants; 
or Regional Catastrophic Preparedness Grants. 
SEC. 509. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and 
the House of Representatives, except that the Federal Law Enforce-
ment Training Center is authorized to obtain the temporary use 
of additional facilities by lease, contract, or other agreement for 
training which cannot be accommodated in existing Center facilities. 
SEC. 510. The Director of the Federal Law Enforcement 
Training Center shall schedule basic and/or advanced law enforce-
ment training at all four training facilities under the control of 
the Federal Law Enforcement Training Center to ensure that these
H. R. 2764—229 
training centers are operated at the highest capacity throughout 
the fiscal year. 
SEC. 511. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus, 
if required under chapter 33 of title 40, United States Code, has 
not been approved, except that necessary funds may be expended 
for each project for required expenses for the development of a 
proposed prospectus. 
SEC. 512. None of the funds in this Act may be used in con-
travention of the applicable provisions of the Buy American Act 
(41 U.S.C. 10a et seq.). 
SEC. 513. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementa-
tion, on other than a test basis, of the Secure Flight program 
or any other follow-on or successor passenger prescreening program, 
until the Secretary of Homeland Security certifies, and the Govern-
ment Accountability Office reports, to the Committees on Appropria-
tions of the Senate and the House of Representatives, that all 
ten of the conditions contained in paragraphs (1) through (10) 
of section 522(a) of Public Law 108–334 (118 Stat. 1319) have 
been successfully met. 
(b) The report required by subsection (a) shall be submitted 
within 90 days after the Secretary provides the requisite certifi-
cation, and periodically thereafter, if necessary, until the Govern-
ment Accountability Office confirms that all ten conditions have 
been successfully met. 
(c) Within 90 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives 
a detailed plan that describes: (1) the dates for achieving key 
milestones, including the date or timeframes that the Secretary 
will certify the program under subsection (a); and (2) the method-
ology to be followed to support the Secretary’s certification, as 
required under subsection (a). 
(d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air car-
riers, or reservation systems may be used to screen aviation pas-
sengers, or delay or deny boarding to such passengers, except in 
instances where passenger names are matched to a Government 
watch list. 
(e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk 
to passengers whose names are not on Government watch lists. 
(f) None of the funds provided in this or any other Act may 
be used for data or a database that is obtained from or remains 
under the control of a non-Federal entity: Provided, That this 
restriction shall not apply to Passenger Name Record data obtained 
from air carriers. 
SEC. 514. None of the funds made available in this Act may 
be used to amend the oath of allegiance required by section 337 
of the Immigration and Nationality Act (8 U.S.C. 1448). 
SEC. 515. None of the funds appropriated by this Act may 
be used to process or approve a competition under Office of Manage-
ment and Budget Circular A–76 for services provided as of June 
1, 2004, by employees (including employees serving on a temporary
H. R. 2764—230 
or term basis) of United States Citizenship and Immigration Serv-
ices of the Department of Homeland Security who are known as 
of that date as Immigration Information Officers, Contact Rep-
resentatives, or Investigative Assistants. 
SEC. 516. None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts may 
be made available for the protection of the head of a Federal 
agency other than the Secretary of Homeland Security: Provided, 
That the Director of the United States Secret Service may enter 
into an agreement to perform such service on a fully reimbursable 
basis. 
SEC. 517. Section 517(b) of the Department of Homeland Secu-
rity Appropriations Act, 2007 (18 U.S.C. 3056 note) is amended 
to read as follows: 
‘‘(b) For fiscal year 2008, and each fiscal year thereafter, the 
Director of the United States Secret Service may enter into an 
agreement to perform protection of a Federal official other than 
a person granted protection under section 3056(a) of title 18, United 
States Code, on a fully reimbursable basis.’’. 
SEC. 518. (a) The Secretary of Homeland Security shall 
research, develop, and procure new technologies to inspect and 
screen air cargo carried on passenger aircraft at the earliest date 
possible. 
(b) Existing checked baggage explosive detection equipment 
and screeners shall be utilized to screen air cargo carried on pas-
senger aircraft to the greatest extent practicable at each airport 
until technologies developed under subsection (a) are available. 
(c) The Assistant Secretary (Transportation Security Adminis-
tration) shall work with air carriers and airports to ensure that 
the screening of cargo carried on passenger aircraft, as defined 
in section 44901(g)(5) of title 49, United States Code, increases 
incrementally each quarter. 
(d) Not later than 45 days after the end of each quarter, 
the Assistant Secretary (Transportation Security Administration) 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a report on air cargo inspection 
statistics by airport and air carrier detailing the incremental 
progress being made to meet section 44901(g)(2) of title 49, United 
States Code. 
SEC. 519. None of the funds made available in this Act may 
be used by any person other than the Privacy Officer appointed 
under section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
142) to alter, direct that changes be made to, delay, or prohibit 
the transmission to Congress of any report prepared under para-
graph (6) of such section. 
SEC. 520. No funding made available to the Department of 
Homeland Security in this Act shall be available to pay the salary 
of any employee serving as a contracting officer’s technical rep-
resentative (COTR), or anyone acting in a similar capacity, who 
has not received COTR training. 
SEC. 521. Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to Transpor-
tation Security Administration ‘‘Aviation Security’’, ‘‘Administra-
tion’’ and ‘‘Transportation Security Support’’ for fiscal years 2004, 
2005, 2006, and 2007 that are recovered or deobligated shall be 
available only for the procurement or installation of explosives 
detection systems, for air cargo, baggage, and checkpoint screening
H. R. 2764—231 
systems, subject to notification: Provided, That quarterly reports 
shall be submitted to the Committees on Appropriations of the 
Senate and the House of Representatives on any funds that are 
recovered or deobligated. 
SEC. 522. Section 525(d) of the Department of Homeland Secu-
rity Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1382) 
shall apply to fiscal year 2008. 
SEC. 523. Any funds appropriated to United States Coast 
Guard, ‘‘Acquisition, Construction, and Improvements’’ for fiscal 
years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol 
boat conversion that are recovered, collected, or otherwise received 
as the result of negotiation, mediation, or litigation, shall be avail-
able until expended for the Replacement Patrol Boat (FRC–B) pro-
gram. 
SEC. 524. The Department of Homeland Security Working Cap-
ital Fund, established pursuant to section 403 of Public Law 103– 
356 (31 U.S.C. 501 note), shall continue operations during fiscal 
year 2008. 
SEC. 525. None of the funds provided in this Act shall be 
available to commence operations of the National Applications Office 
or the National Immigration Information Sharing Operation until 
the Secretary certifies that these programs comply with all existing 
laws, including all applicable privacy and civil liberties standards, 
and that certification is reviewed by the Government Accountability 
Office. 
SEC. 526. Within 45 days after the close of each month, the 
Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a monthly budget and staffing 
report that includes total obligations, on-board versus funded full- 
time equivalent staffing levels, and the number of contract 
employees by office. 
SEC. 527. Section 532(a) of Public Law 109–295 is amended 
by striking ‘‘2007’’ and inserting ‘‘2008’’. 
SEC. 528. 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 subtitle A of title I of the Energy Policy Act 
of 2005 (including the amendments made thereby). 
SEC. 529. The functions of the Federal Law Enforcement 
Training Center instructor staff shall be classified as inherently 
governmental for the purpose of the Federal Activities Inventory 
Reform Act of 1998 (31 U.S.C. 501 note). 
SEC. 530. 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). 
SEC. 531. None of the funds made available by this Act may 
be used to take an action that would violate Executive Order 
No. 13149 (65 Fed. Reg. 24607; relating to greening the Government 
through Federal fleet and transportation efficiency). 
SEC. 532. Subsections (a), (b), and (d)(1) of section 6402 of 
the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and 
Iraq Accountability Appropriations Act, 2007 (Public Law 110–28) 
shall apply to fiscal year 2008. 
SEC. 533. None of the funds provided by this or any other 
Act may be obligated for the development, testing, deployment,