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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 five full business days in ad-
vance of announcing publicly the intention of making an 
award of formula-based grants, law enforcement terrorism 
prevention grants, or high-threat, high-density urban 
areas grants: Provided further, That such notification shall 
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include a description of the project or projects to be fund-
ed 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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