154 
HR 2892 PP
on-board versus funded full-time equivalent staffing levels, 
and the number of contract employees by office. 
SEC. 520. Section 532(a) of Public Law 109–295 (120 
Stat. 1384) is amended by striking ‘‘2009’’ and inserting 
‘‘2010’’. 
SEC. 521. The functions of the Federal Law Enforce-
ment Training Center instructor staff shall be classified as 
inherently governmental for the purpose of the Federal Ac-
tivities Inventory Reform Act of 1998 (31 U.S.C. 501 note). 
SEC. 522. (a) None of the funds provided by this or 
any other Act may be obligated for the development, testing, 
deployment, or operation of any portion of a human re-
sources management system authorized by 5 U.S.C. 
9701(a), or by regulations prescribed pursuant to such sec-
tion, for an employee as defined in 5 U.S.C. 7103(a)(2). 
(b) The Secretary of Homeland Security shall collabo-
rate with employee representatives in the manner prescribed 
in 5 U.S.C. 9701(e), in the planning, testing, and develop-
ment of any portion of a human resources management sys-
tem that is developed, tested, or deployed for persons ex-
cluded from the definition of employee as that term is de-
fined in 5 U.S.C. 7103(a)(2). 
SEC. 523. None of the funds made available in this 
or any other Act may be used to enforce section 4025(1) 
of Public Law 108–458 unless the Assistant Secretary of 
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS
155 
HR 2892 PP
Homeland Security (Transportation Security Administra-
tion) reverses the determination of July 19, 2007, that bu-
tane lighters are not a significant threat to civil aviation 
security. 
SEC. 524. Funds made available in this Act may be 
used to alter operations within the Civil Engineering Pro-
gram of the Coast Guard nationwide, including civil engi-
neering units, facilities design and construction centers, 
maintenance and logistics commands, and the Coast Guard 
Academy, except that none of the funds provided in this 
Act may be used to reduce operations within any Civil En-
gineering Unit unless specifically authorized by a statute 
enacted after the date of the enactment of this Act. 
SEC. 525. (a) Except as provided in subsection (b), 
none of the funds appropriated in this or any other Act 
to the Office of the Secretary and Executive Management, 
the Office of the Under Secretary for Management, or the 
Office of the Chief Financial Officer, may be obligated for 
a grant or contract funded under such headings by a means 
other than full and open competition. 
(b) Subsection (a) does not apply to obligation of funds 
for a contract awarded— 
(1) by a means that is required by a Federal 
statute, including obligation for a purchase made 
under a mandated preferential program, such as the 
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS
156 
HR 2892 PP
AbilityOne Program, that is authorized under the 
Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.); 
(2) under the Small Business Act (15 U.S.C. 631 
et seq.); 
(3) in an amount less than the simplified acqui-
sition threshold described under section 302A(a) of the 
Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 252a(a)); or 
(4) by another Federal agency using funds pro-
vided through an interagency agreement. 
(c)(1) Subject to paragraph (2), the Secretary of 
Homeland Security may waive the application of this sec-
tion for the award of a contract in the interest of national 
security or if failure to do so would pose a substantial risk 
to human health or welfare. 
(2) Not later than 5 days after the date on which the 
Secretary of Homeland Security issues a waiver under this 
subsection, the Secretary shall submit notification of that 
waiver to the Committees on Appropriations of the Senate 
and the House of Representatives, including a description 
of the applicable contract and an explanation of why the 
waiver authority was used. The Secretary may not delegate 
the authority to grant such a waiver. 
(d) In addition to the requirements established by this 
section, the Inspector General for the Department of Home-
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS
157 
HR 2892 PP
land Security shall review departmental contracts awarded 
through other than full and open competition to assess de-
partmental compliance with applicable laws and regula-
tions: Provided, That the Inspector General shall review se-
lected contracts awarded in the previous fiscal year through 
other than full and open competition: Provided further, 
That in determining which contracts to review, the Inspec-
tor General shall consider the cost and complexity of the 
goods and services to be provided under the contract, the 
criticality of the contract to fulfilling Department missions, 
past performance problems on similar contracts or by the 
selected vendor, complaints received about the award process 
or contractor performance, and such other factors as the In-
spector General deems relevant: Provided further, That the 
Inspector General shall report the results of the reviews to 
the Committees on Appropriations of the Senate and the 
House of Representatives no later than February 5, 2010. 
SEC. 526. None of the funds made available in this 
Act may be used by United States Citizenship and Immi-
gration Services to grant an immigration benefit unless the 
results of background checks required by law to be completed 
prior to the granting of the benefit have been received by 
United States Citizenship and Immigration Services, and 
the results do not preclude the granting of the benefit. 
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS
158 
HR 2892 PP
SEC. 527. None of the funds made available in this 
Act may be used to destroy or put out to pasture any horse 
or other equine belonging to the Federal Government that 
has become unfit for service, unless the trainer or handler 
is first given the option to take possession of the equine 
through an adoption program that has safeguards against 
slaughter and inhumane treatment. 
SEC. 528. None of the funds provided in this Act shall 
be available to carry out section 872 of Public Law 107– 
296. 
SEC. 529. None of the funds provided in this Act under 
the heading ‘‘Office of the Chief Information Officer’’ shall 
be used for data center development other than for Data 
Center One (National Center for Critical Information Proc-
essing and Storage) until the Chief Information Officer cer-
tifies that Data Center One (National Center for Critical 
Information Processing and Storage) is fully utilized as the 
Department’s primary data storage center at the highest ca-
pacity throughout the fiscal year. 
SEC. 530. None of the funds in this Act shall be used 
to reduce the United States Coast Guard’s Operations Sys-
tems Center mission or its government-employed or contract 
staff levels. 
SEC. 531. None of the funds appropriated by this Act 
may be used to conduct, or to implement the results of, a 
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS
159 
HR 2892 PP
competition under Office of Management and Budget Cir-
cular A–76 for activities performed with respect to the Coast 
Guard National Vessel Documentation Center. 
SEC. 532. The Secretary of Homeland Security shall 
require that all contracts of the Department of Homeland 
Security that provide award fees link such fees to successful 
acquisition outcomes (which outcomes shall be specified in 
terms of cost, schedule, and performance). 
SEC. 533. None of the funds made available to the Of-
fice of the Secretary and Executive Management under this 
Act may be expended for any new hires by the Department 
of Homeland Security that are not verified through the 
basic pilot program under section 401 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note). 
SEC. 534. None of the funds made available in this 
Act for U.S. Customs and Border Protection may be used 
to prevent an individual not in the business of importing 
a prescription drug (within the meaning of section 801(g) 
of the Federal Food, Drug, and Cosmetic Act) from import-
ing a prescription drug from Canada that complies with 
the Federal Food, Drug, and Cosmetic Act: Provided, That 
this section shall apply only to individuals transporting on 
their person a personal-use quantity of the prescription 
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS
160 
HR 2892 PP
drug, not to exceed a 90-day supply: Provided further, That 
the prescription drug may not be— 
(1) a controlled substance, as defined in section 
102 of the Controlled Substances Act (21 U.S.C. 802); 
or 
(2) a biological product, as defined in section 
351 of the Public Health Service Act (42 U.S.C. 262). 
SEC. 535. None of the funds made available in this 
Act may be used by the Secretary of Homeland Security 
or any delegate of the Secretary to issue any rule or regula-
tion which implements the Notice of Proposed Rulemaking 
related to Petitions for Aliens To Perform Temporary Non-
agricultural Services or Labor (H–2B) set out beginning 
on 70 Fed. Reg. 3984 (January 27, 2005). 
SEC. 536. Section 537 of the Department of Homeland 
Security Appropriations Act, 2009 (division D of Public 
Law 110–329; 122 Stat. 3682) shall apply with respect to 
funds made available in this Act in the same manner as 
such sections applied to funds made available in that Act. 
SEC. 537. None of the funds made available in this 
Act may be used for planning, testing, piloting, or devel-
oping a national identification card. 
SEC. 538. (a) Notwithstanding any other provision of 
this Act, except as provided in subsection (b), and 30 days 
after the date that the President determines whether to de-
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS
161 
HR 2892 PP
clare a major disaster because of an event and any appeal 
is completed, the Administrator shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of 
the Senate, the Committee on Homeland Security of the 
House of Representatives, the Committee on Transportation 
and Infrastructure of the House of Representatives, the 
Committees on Appropriations of the Senate and the House 
of Representatives, and publish on the website of the Federal 
Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment infor-
mation used to determine whether to declare a major dis-
aster. 
(b) The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines 
would compromise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Admin-
istrator of the Federal Emergency Management Agen-
cy; and 
(2) the term ‘‘major disaster’’ has the meaning 
given that term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122). 
SEC. 539. Notwithstanding any other provision of law, 
should the Secretary of Homeland Security determine that 
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS
162 
HR 2892 PP
the National Bio and Agro-defense Facility be located at 
a site other than Plum Island, New York, the Secretary 
shall have the Administrator of General Services sell 
through public sale all real and related personal property 
and transportation assets which support Plum Island oper-
ations, subject to such terms and conditions as necessary 
to protect government interests and meet program require-
ments: Provided, That the gross proceeds of such sale shall 
be deposited as offsetting collections into the Department 
of Homeland Security Science and Technology ‘‘Research, 
Development, Acquisition, and Operations’’ account and, 
subject to appropriation, shall be available until expended, 
for site acquisition, construction, and costs related to the 
construction of the National Bio and Agro-defense Facility, 
including the costs associated with the sale, including due 
diligence requirements, necessary environmental remedi-
ation at Plum Island, and reimbursement of expenses in-
curred by the General Services Administration which shall 
not exceed 1 percent of the sale price or $5,000,000, which-
ever is greater: Provided further, That after the completion 
of construction and environmental remediation, the unex-
pended balances of funds appropriated for costs in the pre-
ceding proviso shall be available for transfer to the appro-
priate account for design and construction of a consolidated 
Department of Homeland Security Headquarters project, 
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS
163 
HR 2892 PP
excluding daily operations and maintenance costs, notwith-
standing section 503 of this Act, and the Committees on 
Appropriations of the Senate and the House of Representa-
tives shall be notified 15 days prior to such transfer. 
SEC. 540. Any official that is required by this Act to 
report or certify to the Committees on Appropriations of 
the Senate and the House of Representatives may not dele-
gate such authority to perform that act unless specifically 
authorized herein. 
SEC. 541. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall notify 
the Committees on Appropriations of the Senate and the 
House of Representatives of any proposed transfers of funds 
available under 31 U.S.C. 9703.2(g)(4)(B) from the Depart-
ment of the Treasury Forfeiture Fund to any agency within 
the Department of Homeland Security. 
SEC. 542. (a) Not later than 3 months from the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity shall consult with the Secretaries of Defense and Trans-
portation and develop a concept of operations for un-
manned aerial systems in the United States national air-
space system for the purposes of border and maritime secu-
rity operations. 
(b) The Secretary of Homeland Security shall report 
to the Committees on Appropriations of the Senate and the 
VerDate Nov 24 2008 
02:58 Jul 11, 2009
Jkt 079200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6203
E:\BILLS\H2892.PP
H2892
smartinez on DSKB9S0YB1PROD with BILLS