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National Flood Insurance Act of 1968 (42 U.S.C. 4104c), 
$34,000,000, to remain available until September 30, 
2009, for activities designed to reduce the risk of flood 
damage to structures pursuant to such Act, of which 
$34,000,000 shall be derived from the National Flood In-
surance Fund under section 1310 of that Act (42 U.S.C. 
4017). 
NATIONAL PRE-DISASTER MITIGATION FUND 
For a predisaster mitigation grant program under 
title II of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5131 et seq.), 
$120,000,000, to remain available until expended: Pro-
vided, That grants made for predisaster mitigation shall 
be awarded on a competitive basis subject to the criteria 
in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro-
vided further, That the total administrative costs associ-
ated with such grants shall not exceed 3 percent of the 
total amount made available under this heading. 
EMERGENCY FOOD AND SHELTER 
To carry out an emergency food and shelter program 
pursuant to title III of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to 
remain available until expended: Provided, That total ad-
ministrative costs shall not exceed 3.5 percent of the total 
amount made available under this heading. 
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TITLE IV—RESEARCH AND DEVELOPMENT, 
TRAINING, AND SERVICES 
UNITED STATES CITIZENSHIP AND IMMIGRATION 
SERVICES 
For necessary expenses for citizenship and immigra-
tion services, $30,000,000: Provided, That collections 
made pursuant to 8 U.S.C. 1356(u) may not be obligated 
until the Committees on Appropriations of the Senate and 
the House of Representatives, and the Committee on the 
Judiciary of the House of Representatives, receive a stra-
tegic transformation plan for United States Citizenship 
and Immigration Services that has been reviewed and ap-
proved by the Secretary of Homeland Security and re-
viewed by the Government Accountability Office. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforce-
ment Training Center under section 884 of the Homeland 
Security Act of 2002 (6 U.S.C. 464), including materials 
and support costs of Federal law enforcement basic train-
ing; purchase of not to exceed 117 vehicles for police-type 
use and hire of passenger motor vehicles; expenses for stu-
dent athletic and related activities; the conduct of and par-
ticipation in firearms matches and presentation of awards; 
public awareness and enhancement of community support 
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of law enforcement training; room and board for student 
interns; a flat monthly reimbursement to employees au-
thorized to use personal mobile phones for official duties; 
and services as authorized by section 3109 of title 5, 
United States Code, $219,786,000, of which up to 
$43,910,000 shall remain available until September 30, 
2008 for materials and support costs of Federal law en-
forcement basic training; of which $300,000 shall remain 
available until expended for Federal law enforcement 
agencies participating in training accreditation, to be dis-
tributed as determined by the Federal Law Enforcement 
Training Center for the needs of participating agencies; 
and of which not to exceed $12,000 shall be for official 
reception and representation expenses: Provided, That sec-
tion 1202(a) of Public Law 107–206 (42 U.S.C. 3771 
note) is amended by striking ‘‘December 31, 2007’’ and 
inserting ‘‘December 31, 2008’’. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND 
RELATED EXPENSES 
For acquisition of necessary additional real property 
and facilities, construction, and ongoing maintenance, fa-
cility improvements, and related expenses of the Federal 
Law Enforcement Training Center, $43,270,000, to re-
main available until expended: Provided, That the Center 
is authorized to accept reimbursement to this appropria-
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tion from Government agencies requesting the construc-
tion of special use facilities. 
SCIENCE AND TECHNOLOGY 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Office of the Under 
Secretary for Science and Technology and for manage-
ment and administration of programs and activities, as 
authorized by title III of the Homeland Security Act of 
2002 (6 U.S.C. 181 et seq.), $130,787,000: Provided, 
That not to exceed $10,000 shall be for official reception 
and representation expenses. 
RESEARCH, DEVELOPMENT, ACQUISITION AND 
OPERATIONS 
For necessary expenses for science and technology re-
search, including advanced research projects; development; 
test and evaluation; acquisition; and operations; as author-
ized by title III of the Homeland Security Act of 2002 
(6 U.S.C. 181 et seq.); $646,325,000, to remain available 
until expended: Provided, That none of the funds made 
available under this heading shall be obligated for the 
Analysis, Dissemination, Visualization, Insight, and Se-
mantic Enhancement program until the Secretary of 
Homeland Security completes a Privacy Impact Assess-
ment. 
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DOMESTIC NUCLEAR DETECTION OFFICE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Domestic Nuclear 
Detection Office as authorized by the second title XVIII 
of the Homeland Security Act of 2002 and for manage-
ment and administration of programs and activities, 
$31,176,000: Provided, That not to exceed $3,000 shall 
be for official reception and representation expenses. 
RESEARCH, DEVELOPMENT, AND OPERATIONS 
For necessary expenses for radiological and nuclear 
research, development, testing, evaluation and operations, 
$316,900,000, to remain available until expended. 
SYSTEMS ACQUISITION 
For expenses for the Domestic Nuclear Detection Of-
fice acquisition and deployment of radiological detection 
systems in accordance with the global nuclear detection 
architecture, $168,000,000 (increased by $40,000,000), to 
remain available until September 30, 2010: Provided, 
That none of the funds appropriated under this heading 
shall be obligated for full-scale procurement of Advanced 
Spectroscopic Portal Monitors until the Secretary of 
Homeland Security submits to the Committees on Appro-
priations of the Senate and the House of Representatives 
a report certifying that a significant increase in oper-
ational effectiveness will be achieved by that procurement. 
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TITLE V—GENERAL PROVISIONS 
SEC. 501. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 502. Subject to the requirements of section 503 
of this Act, the unexpended balances of prior appropria-
tions provided for activities in this Act may be transferred 
to appropriation accounts for such activities established 
pursuant to this Act: Provided, That balances so trans-
ferred may be merged with funds in the applicable estab-
lished accounts and thereafter may be accounted for as 
one fund for the same time period as originally enacted. 
SEC. 503. (a) None of the funds provided by this Act, 
provided by previous appropriations Acts to the agencies 
in or transferred to the Department of Homeland Security 
that remain available for obligation or expenditure in fiscal 
year 2008, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees avail-
able to the agencies funded by this Act, shall be available 
for obligation or expenditure through a reprogramming of 
funds that: (1) creates a new program; (2) eliminates a 
program, project, office, or activity; (3) increases funds 
for any program, project, or activity for which funds have 
been denied or restricted by the Congress; (4) proposes 
to use funds directed for a specific activity by either of 
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the Committees on Appropriations of the Senate or House 
of Representatives for a different purpose; or (5) enters 
into a contract for the performance of any function or ac-
tivity for which funds have been appropriated for Federal 
full-time equivalent positions; unless the Committees on 
Appropriations of the Senate and the House of Represent-
atives are notified 15 days in advance of such reprogram-
ming of funds. 
(b) None of the funds provided by this Act, provided 
by previous appropriations Acts to the agencies in or 
transferred to the Department of Homeland Security that 
remain available for obligation or expenditure in fiscal 
year 2008, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees avail-
able to the agencies funded by this Act, shall be available 
for obligation or expenditure for programs, projects, or ac-
tivities through a reprogramming of funds in excess of 
$5,000,000 or 10 percent, whichever is less, that: (1) aug-
ments existing programs, projects, or activities; (2) re-
duces by 10 percent or more the total amount of funding 
for any existing program, project, or activity, or numbers 
of personnel by 10 percent or more 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 
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the 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. 
(c) Not to exceed 5 percent of any appropriation 
made available for the current fiscal year for the Depart-
ment of Homeland Security by this Act or provided by 
previous appropriations Acts may be transferred between 
such appropriations, but no such appropriations, except 
as otherwise specifically provided, shall be increased by 
more than 10 percent by such transfers: Provided, That 
any transfer under this section shall be treated as a re-
programming of funds under subsection (b) and shall not 
be available for obligation unless the Committees on Ap-
propriations of the Senate and the House of Representa-
tives are notified 15 days in advance of such transfer. 
(d) Notwithstanding subsections (a), (b), and (c), no 
funds shall be reprogrammed within or transferred be-
tween appropriations after June 30, 2008, except in ex-
traordinary circumstances which imminently threaten the 
safety of human life or the protection of property. 
SEC. 504. None of the funds appropriated or other-
wise made available to the Department of Homeland Secu-
rity may be used to make payments to the ‘‘Department 
of Homeland Security Working Capital Fund’’, except for 
the activities and amounts allowed in the President’s fiscal 
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year 2008 budget, excluding sedan service, shuttle service, 
transit subsidy, mail operations, parking, and competitive 
sourcing: Provided, That any additional activities and 
amounts shall be approved by the Committees on Appro-
priations 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 intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2008 until the enactment of an Act authorizing intel-
ligence activities for fiscal year 2008. 
SEC. 507. The Federal Law Enforcement Training 
Accreditation Board shall lead the Federal law enforce-
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ment training accreditation process, to include representa-
tives from the Federal law enforcement community and 
non-Federal accreditation experts involved in law enforce-
ment training, to continue the implementation of meas-
uring and assessing the quality and effectiveness of Fed-
eral law enforcement training programs, facilities, and in-
structors. 
SEC. 508. None of the funds in this Act may be used 
to make grant allocations, discretionary grant awards, dis-
cretionary contract awards, or to issue a letter of intent 
totaling in excess of $1,000,000, or to announce publicly 
the intention to make such awards, unless the Secretary 
of Homeland Security notifies the Committees on Appro-
priations 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 Administrator 
of the Federal Emergency Management Agency shall brief 
the Committees on Appropriations of the Senate and the 
House of Representatives 5 full business days in advance 
of announcing publicly the intention of making an award 
of formula-based grants, law enforcement terrorism pre-
vention grants, or high-threat, high-density urban areas 
grants: Provided further, That such notification shall in-
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clude a description of the project or projects to be funded 
including the city, county, and State. 
SEC. 509. Notwithstanding any other provision of 
law, no agency shall purchase, construct, or lease any ad-
ditional 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 
Enforcement Training Center is authorized to obtain the 
temporary use of additional facilities by lease, contract, 
or other agreement for training which cannot be accommo-
dated in existing Center facilities. 
SEC. 510. The Director of the Federal Law Enforce-
ment Training Center shall schedule basic or advanced law 
enforcement training at all four training facilities under 
the control of the Federal Law Enforcement Training 
Center to ensure that these training centers are operated 
at the highest capacity throughout the fiscal year. 
SEC. 511. None of the funds appropriated or other-
wise 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 
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project for required expenses for the development of a pro-
posed prospectus. 
SEC. 512. None of the funds in this Act may be used 
in contravention 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 deploy-
ment or implementation, 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 Government Ac-
countability Office reports, to the Committees on Appro-
priations of the Senate and the House of Representatives, 
that all 10 conditions under paragraphs (1) through (10) 
of section 522(a) of the Department of Homeland Security 
Appropriations Act, 2005 (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 certification, and periodically thereafter, if nec-
essary, until the Government Accountability Office con-
firms 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 
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the House of Representatives a detailed plan that de-
scribes: (1) the dates for achieving key milestones, includ-
ing 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 certifi-
cation, as required under subsection (a). 
(d) During the testing phase permitted by subsection 
(a), no information gathered from passengers, foreign or 
domestic air carriers, or reservation systems may be used 
to screen aviation passengers, 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 any other 
Act to any part of the Department of Homeland Security 
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 Pas-
senger Name Record data obtained from air carriers. 
SEC. 514. None of the funds appropriated by this Act 
may be used to process or approve a competition under 
Office of Management and Budget Circular A–76 for serv-
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ices provided as of June 1, 2004, by employees (including 
employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the De-
partment of Homeland Security who are known as of that 
date as Immigration Information Officers, Contact Rep-
resentatives, or Investigative Assistants. 
SEC. 515. None of the funds appropriated to the 
United States Secret Service by this or any other Act may 
be made available for the protection of the head of a Fed-
eral agency other than the Secretary of Homeland Secu-
rity: Provided, That the Director of the United States Se-
cret Service may enter into an agreement to perform such 
a service on a fully reimbursable basis. 
SEC. 516. (a) Section 513 of the Department of 
Homeland Security Appropriations Act, 2005, is amended 
by striking ‘‘triple’’ and inserting ‘‘double’’. 
(b) The amendment made by subsection (a) shall 
apply to the percentage of cargo inspected as required by 
Security Directives in effect as of the date of enactment 
of this Act. 
SEC. 517. (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. 
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(b) Existing checked baggage explosive detection 
equipment and screeners shall be used to screen air cargo 
carried on passenger aircraft to the greatest extent prac-
ticable at each airport until technologies developed under 
subsection (a) are available. 
(c) Not later than 45 days after the end of the quar-
ter, the Transportation Security Administration shall sub-
mit 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, including 
any reason for non-compliance with section 516. 
SEC. 518. 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 Se-
curity 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 paragraph (6) 
of such section. 
SEC. 519. No funding provided in this or any other 
Act shall be available to pay the salary of any employee 
serving as a contracting officer’s technical representative 
(COTR), or anyone acting in a similar capacity, who has 
not received COTR training. 
SEC. 520. Except as provided in section 44945 of title 
49, United States Code, funds appropriated or transferred 
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to Transportation Security Administration ‘‘Aviation Se-
curity’’, ‘‘Administration’’ 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 explosive detection 
systems, for air cargo, baggage, and checkpoint screening 
systems, subject to notification: Provided, That quarterly 
reports shall be submitted to the Committees on Appro-
priations of the Senate and the House of Representatives 
on any funds that are recovered or deobligated. 
SEC. 521. Section 525 of the Department of Home-
land Security Appropriations Act, 2007 (Public Law 109– 
295), is amended— 
(1) in subsection (a)(2)(A) by inserting ‘‘identi-
fies and describes the specific risk to the national 
transportation system and therefore’’ after ‘‘infor-
mation’’; 
(2) in subsection (d) by striking ‘‘like that’’ and 
inserting ‘‘identical to those’’; and 
(3) by adding at the end the following: 
‘‘(e) For the purposes of this section, the term ‘par-
ty’s counsel’ includes any employee who assists counsel in 
legal proceedings and who is so designated by counsel and 
approved by the judge overseeing the legal proceedings.’’. 
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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’’. 
Passed the House of Representatives June 15, 2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 206 
110TH CONGRESS 
1ST SESSION 
H. R. 2638 
AN ACT 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2008, and for other purposes. 
JUNE 18, 2007 
Received; read twice and placed on the calendar 
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