U.S.C. 2201 et seq.) and the Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.), $44,979,000. 
DISASTER RELIEF 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in carrying out the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.), $1,900,000,000, to remain avail-
able until expended: Provided, That of the total amount 
provided, $15,000,000 shall be transferred to the Depart-
ment of Homeland Security Office of Inspector General 
for audits and investigations related to disasters, subject 
to section 503 of this Act: Provided further, That up to 
$90,600,000 may be transferred to ‘‘Management and Ad-
ministration’’, Federal Emergency Management Agency 
for management and administration functions: Provided 
further, That the amount provided in the previous proviso 
shall not be available for transfer to ‘‘Management and 
Administration’’ until the Federal Emergency Manage-
ment Agency submits an implementation plan to the Com-
mittees on Appropriations of the Senate and the House 
of Representatives: Provided further, That the Federal 
Emergency Management Agency shall submit the monthly 
‘‘Disaster Relief’’ report,as specified in Public Law 110- 
161, to the Committees on Appropriations of the Senate 
and the House of Representatives, and include the 
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amounts provided to each Federal Agency for mission as-
signments: Provided further, That for any request for re-
imbursement from a Federal agency to the Department 
of Homeland Security to cover expenditures under the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.), or any mission assign-
ment orders issued by the Department for such purposes, 
the Secretary of Homeland Security shall take appropriate 
steps to ensure that each agency is periodically reminded 
of Department policies on— 
(1) the detailed information required in sup-
porting documentation for reimbursements; and 
(2) the necessity for timeliness of agency bil-
lings. 
Provided further, That 30 days after the date on which 
the President declares that a major disaster exists, the Ad-
ministrator of the Federal Emergency Management Agen-
cy shall submit to Congress, and shall publish on the 
website of the Federal Emergency Management Agency, 
a report that summarizes damage assessment information 
used to make a declaration that a major disaster exists, 
except that the Administrator may redact from such a re-
port any data that the Administrator determines would 
compromise national security. 
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DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT 
For activities under section 319 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5162), $295,000: Provided, That gross obliga-
tions for the principal amount of direct loans shall not 
exceed $25,000,000: Provided further, That the cost of 
modifying such loans shall be as defined in section 502 
of the Congressional Budget Act of 1974 (2 U.S.C. 661a). 
FLOOD MAP MODERNIZATION FUND 
For necessary expenses under section 1360 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4101), 
$220,000,000, and such additional sums as may be pro-
vided by State and local governments or other political 
subdivisions for cost-shared mapping activities under sec-
tion 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to re-
main available until expended: Provided, That total admin-
istrative costs shall not exceed 3 percent of the total 
amount appropriated under this heading. 
NATIONAL FLOOD INSURANCE FUND 
For activities under the National Flood Insurance 
Act of 1968 (42 U.S.C. 4001 et seq.), and the Flood Dis-
aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 
$156,599,000, which shall be derived from offsetting col-
lections assessed and collected under section 1308(b)(3) 
of the National Flood Insurance Act of 1968 (42 U.S.C. 
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4015(b)(3)), and which shall be available as follows: (1) 
not to exceed $49,418,000 for salaries and expenses asso-
ciated with flood mitigation and flood insurance oper-
ations; and (2) no less than $107,181,000 for flood plain 
management and flood mapping, to remain available until 
September 30, 2010: Provided, That any additional fees 
collected pursuant to section 1308 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4015) shall be credited 
as an offsetting collection to this account, to be available 
for flood plain management and flood mapping: Provided 
further, That in fiscal year 2009, no funds shall be avail-
able from the National Flood Insurance Fund under sec-
tion 1310 of that Act (42 U.S.C. 4017) in excess of: (1) 
$85,000,000 for operating expenses; (2) $869,905,000 for 
commissions and taxes of agents; (3) such sums as are 
necessary for interest on Treasury borrowings; and (4) 
$125,700,000 which shall remain available until expended 
for flood mitigation activities, of which $80,000,000 is for 
severe repetitive loss properties under section 1361A of 
that Act (42 U.S.C. 4102a), of which $10,000,000 is for 
repetitive insurance claims properties under section 1323 
of that Act (42 U.S.C. 4030), and of which $35,700,000 
is for flood mitigation assistance under section 1366 of 
that Act (42 U.S.C. 4104c) notwithstanding subpara-
graphs (B) and (C) of subsection (b)(3) and subsection 
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(f) of section 1366 (42 U.S.C. 4104c) and subsection 
(a)(7) of section 1310 of that Act (42 U.S.C. 4017): Pro-
vided further, That amounts collected under section 102 
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 
4012a) and section 1366(i) of the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4104c(i)) shall be deposited 
in the National Flood Insurance Fund to supplement 
other amounts specified as available for section 1366 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c), notwithstanding subsection (f)(8) of such section 
102, subsection (i) of such section 1366, and paragraphs 
(2) and (3) of section 1367(b) of the National Flood In-
surance Act of 1968 (42 U.S.C. 4104d(b)): Provided fur-
ther, That total administrative costs shall not exceed 4 
percent of the total appropriation. 
NATIONAL PREDISASTER MITIGATION FUND 
For the predisaster mitigation grant program under 
section 203 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133), notwith-
standing subsection (m) of such section, $75,000,000, to 
remain available until expended and as detailed in the 
Committee report accompanying this Act: Provided, That 
the total administrative costs associated with such grants 
shall not exceed 3 percent of the total amount made avail-
able under this heading. 
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EMERGENCY FOOD AND SHELTER 
To carry out the emergency food and shelter program 
pursuant to title III of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11331 et seq.), $200,000,000, 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. 
CERRO GRANDE FIRE CLAIMS 
Of the funds made available under this heading for 
obligation in prior years, $9,000,000 are cancelled. 
TITLE IV—RESEARCH AND DEVELOPMENT, 
TRAINING, AND SERVICES 
UNITED STATES CITIZENSHIP AND IMMIGRATION 
SERVICES 
For necessary expenses for citizenship and immigra-
tion services, $101,740,000; Provided, That notwith-
standing any other provision of law, funds available to 
United States Citizenship and Immigration Services may 
be used to acquire, operate, equip, and dispose of up to 
five vehicles, of which two are for replacement only, for 
areas where the Administrator of General Services does 
not provide vehicles for lease: Provided further, That the 
Director of United States Citizenship and Immigration 
Services may authorize employees who are assigned to 
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those areas to use such vehicles between the employees’ 
residences and places of employment. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforce-
ment Training Center, including materials and support 
costs of Federal law enforcement basic training; the pur-
chase of not to exceed 117 vehicles for police-type use and 
hire of passenger motor vehicles; expenses for student ath-
letic and related activities; the conduct of and participa-
tion in firearms matches and presentation of awards; pub-
lic awareness and enhancement of community support of 
law enforcement training; room and board for student in-
terns; a flat monthly reimbursement to employees author-
ized to use personal mobile phones for official duties; and 
services as authorized by section 3109 of title 5, United 
States Code; $242,530,000, of which up to $48,611,000 
shall remain available until September 30, 2010 for mate-
rials and support costs of Federal law enforcement basic 
training; of which $300,000 shall remain available until 
expended for Federal law enforcement agencies partici-
pating in training accreditation, to be distributed as deter-
mined 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 rep-
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resentation expenses: Provided, That the Center is author-
ized to obligate funds in anticipation of reimbursements 
from agencies receiving training sponsored by the Center, 
except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the 
end of the fiscal year: Provided further, That section 
1202(a) of Public Law 107–206 (42 U.S.C. 3771 note), 
as amended by Public Law 110–161 (121 Stat. 2068), is 
further amended by striking ‘‘December 31, 2010’’ and 
inserting ‘‘December 31, 2011’’; Provided further, That 
the Federal Law Enforcement Training Accreditation 
Board, including representatives from the Federal law en-
forcement community and non-Federal accreditation ex-
perts involved in law enforcement training, shall lead the 
Federal law enforcement training accreditation process to 
continue the implementation of measuring and assessing 
the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors: Provided 
further, That the Director of the Federal Law Enforce-
ment Training Center shall schedule basic or advanced law 
enforcement training, or both, at all four training facilities 
under the control of the Federal Law Enforcement Train-
ing Center to ensure that such training facilities are oper-
ated at the highest capacity throughout the fiscal year. 
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ACQUISITIONS, 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, $43,456,000, to re-
main available until expended: Provided, That the Center 
is authorized to accept reimbursement to this appropria-
tion from government agencies requesting the construction 
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.), $132,100,000: Provided, 
That not to exceed $15,000 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 
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(6 U.S.C. 181 et seq.); $754,897,000, to remain available 
until expended: Provided, That none of the funds made 
available under this heading shall be obligated for a follow- 
on program to the Analysis, Dissemination, Visualization, 
Insight, and Semantic Enhancement program: Provided 
further, That none of the funds available under this head-
ing shall be available for the design and construction of 
a National Bio and Agro-defense Facility located on the 
United States mainland until the Secretary of Homeland 
Security completes a risk analysis of whether foot-and- 
mouth disease work can be done safely on the United 
States mainland and this risk assessment is reviewed by 
the Government Accountability Office. 
DOMESTIC NUCLEAR DETECTION OFFICE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Domestic Nuclear 
Detection Office as authorized by title XIX of the Home-
land Security Act of 2002 (6 U.S.C. 591 et seq.) for man-
agement and administration of programs and activities, 
$35,475,000: 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, 
$333,200,000, to remain available until expended. 
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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, $175,700,000, to remain available until Sep-
tember 30, 2011: Provided, That none of the funds appro-
priated 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 Appropriations of the Senate and the 
House of Representatives a report certifying that a signifi-
cant increase in operational effectiveness will be achieved: 
Provided further, That the Secretary shall submit separate 
and distinct certifications prior to the procurement of Ad-
vanced Spectroscopic Portal Monitors for primary and sec-
ondary deployment that address the unique requirements 
for operational effectiveness of each type of deployment: 
Provided further, That none of the funds appropriated 
under this heading shall be used for high-risk concurrent 
development and production of mutually dependent soft-
ware and hardware. 
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. 
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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, may be merged with funds in the 
applicable established accounts, and thereafter may be ac-
counted for as one fund for the same time period as origi-
nally 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 2009, 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, project, or activity; 
(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 Con-
gress; (4) proposes to use funds directed for a specific ac-
tivity by either of the Committees on Appropriations of 
the Senate or the House of Representatives for a different 
purpose; or (5) contracts out any function or activity for 
which funding levels were requested for Federal full-time 
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equivalents in the object classification tables contained in 
the fiscal year 2009 Budget Appendix for the Department 
of Homeland Security, unless the Committees on Appro-
priations of the Senate and the House of Representatives 
are notified 15 days in advance of such reprogramming 
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 2009, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees or 
proceeds available to the agencies funded by this Act, shall 
be available for obligation or expenditure for programs, 
projects, or activities through a reprogramming of funds 
in excess of $5,000,000 or 10 percent, whichever is less, 
that: (1) augments existing programs, projects, or activi-
ties; (2) reduces by 10 percent funding for any existing 
program, project, or activity, or numbers of personnel by 
10 percent 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 the Congress, unless 
the Committees on Appropriations of the Senate and the 
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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 appropriation, 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) of 
this section, no funds shall be reprogrammed within or 
transferred between appropriations after June 30, except 
in extraordinary circumstances that 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 
year 2009 budget, but not including sedan service, shuttle 
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service, transit subsidy, mail operations, parking, and 
competitive sourcing: Provided, That any additional activi-
ties and amounts shall be approved by the Committees on 
Appropriations of the Senate and the House of Represent-
atives 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 2009 from 
appropriations for salaries and expenses for fiscal year 
2009 in this Act shall remain available through September 
30, 2010, 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 and approved by the Committees on Appropriations of 
the Senate and the House of Representatives in accord-
ance 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 2009 until the enactment of an Act authorizing intel-
ligence activities for fiscal year 2009. 
SEC. 507. None of the funds made available by this 
Act may be used to make a grant allocation, discretionary 
grant award, discretionary contract award, or to issue a 
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letter of intent totaling in excess of $1,000,000, or to an-
nounce publicly the intention to make such an award, in-
cluding a contract covered by the Federal Acquisition Reg-
ulation, unless the Secretary of Homeland Security noti-
fies 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 in-
volve 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 Commit-
tees on Appropriations of the Senate and the House of 
Representatives five full business days in advance of an-
nouncing publicly the intention of making an award under 
State Homeland Security Grant Program; and under the 
Urban Area Security Initiative. 
SEC. 508. 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 
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Enforcement Training Center may obtain the temporary 
use of additional facilities by lease, contract, or other 
agreement for training that cannot be accommodated in 
existing Center facilities. 
SEC. 509. 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 otherwise 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. 510. Sections 512, 519, 520, 522, 523, 528, 
529, 530, 531, and 556 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public 
Law 110-161; 121 Stat. 2072, 2073, 2074, 2082) 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. 511. (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-
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countability Office reports, to the Committees on Appro-
priations 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 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 
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. 
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(e) None of the funds provided in this or previous 
appropriations Acts may be utilized to develop or test algo-
rithms 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. 512. 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-
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. 513. (a) The Secretary of Homeland Security 
shall research, develop, and procure new technologies to 
inspect and screen air cargo carried on passenger aircraft 
by the earliest date possible. 
(b) Existing checked baggage explosive detection 
equipment and screeners shall be utilized to screen air 
cargo carried on passenger aircraft to the greatest extent 
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practicable at each airport until technologies developed 
under subsection (a) are available. 
(c) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) 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 in-
crementally each quarter. 
(d) Not later than 45 days after the end of each quar-
ter, the Assistant Secretary shall submit to the Commit-
tees 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 the requirements of section 
44901(g)(2) of title 49, United States Code. 
SEC. 514. Except as provided in section 44945 of title 
49, United States Code, funds appropriated or transferred 
to Transportation Security Administration ‘‘Aviation Se-
curity’’, ‘‘Administration’’, and ‘‘Transportation Security 
Support’’ for fiscal years 2004, 2005, 2006, 2007, and 
2008 that are recovered or deobligated shall be available 
only for the procurement or installation of explosives de-
tection systems, for air cargo, baggage, and checkpoint 
screening systems, subject to notification: Provided, That 
quarterly reports shall be submitted to the Committees on 
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Appropriations of the Senate and the House of Represent-
atives on any funds that are recovered or deobligated. 
SEC. 515. 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 2009. 
SEC. 516. 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, on-board versus funded full-time equiva-
lent staffing levels, and the number of contract employees 
by office. 
SEC. 517. Section 532(a) of Public Law 109–295 
(120 Stat. 1384) is amended by striking ‘‘2008’’ and in-
serting ‘‘2009’’. 
SEC. 518. In fiscal year 2009, 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 Homeland Security (Transpor-
tation Security Administration) reverses the determination 
of July 19, 2007, that butane lighters are not a significant 
threat to civil aviation security. 
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SEC. 519. None of the funds provided in this Act may 
be used to reduce operations within the Civil Engineering 
Program of the Coast Guard nationwide, including the 
civil engineering units, facilities, design and construction 
centers, maintenance and logistics command centers, and 
the Coast Guard Academy, except as specifically author-
ized by a statute enacted after the date of the enactment 
of this Act. 
SEC. 520. (a) Except as provided in subsection (b), 
none of the funds appropriated in this 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 awarded 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 
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.); 
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(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 to the award of a contract in the period of a national 
emergency determined by the Secretary; and 
(2) Not later than five 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 de-
scription of the applicable contract and an explanation of 
why the waiver authority was used. 
(d) In addition to the requirements established by 
this section, the Inspector General of the Department of 
Homeland Security shall review departmental contracts 
awarded through other than full and open competition to 
assess departmental compliance with applicable laws and 
regulations: Provided, That the Inspector General shall re-
view selected contracts awarded in the previous fiscal year 
through other than full and open competition: Provided 
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further, That in determining which contracts to review, the 
Inspector General shall consider the cost and complexity 
of the goods and services to be provided under a contract, 
the criticality of a contract to fulfilling Department mis-
sions, past performance problems on similar contracts or 
by a selected vendor, complaints received about the award 
process or contractor performance, and such other factors 
as the Inspector General considers relevant: Provided fur-
ther, That the Inspector General shall report the results 
of the reviews to the Committees on Appropriations of the 
Senate and the House of Representatives. 
SEC. 521. None of the funds provided by this or pre-
vious appropriations Acts shall be used to fund any posi-
tion designated as a Principal Federal Official for any 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.) declared disasters or 
emergencies or to designate such positions if any Federal 
Coordinating Officer is also designated at the same time. 
SEC. 522. 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 
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Services, and the results do not preclude the granting of 
the benefit. 
SEC. 523. 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. 524. None of the funds made available to the 
Office of the Secretary and Executive Management under 
this Act may be expended for any new hires by the Depart-
ment of Homeland Security that are not verified through 
the basic pilot program established under section 401 of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1324a note). 
SEC. 525. 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 regu-
lation which implements the Notice of Proposed Rule-
making related to Petitions for Aliens To Perform Tem-
porary Nonagricultural Services or Labor (H–2B) set out 
beginning on 70 Fed. Reg. 3984 (January 27, 2005). 
SEC. 526. Section 831 of the Homeland Security Act 
of 2002 (6 U.S.C. 391) is amended— 
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(1) in subsection (a), by striking ‘‘Until Sep-
tember 30, 2008,’’ and inserting ‘‘Until September 
30, 2009 and subject to subsection (d),’’; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) ADDITIONAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The authority of the Sec-
retary under this section shall terminate September 
30, 2008, unless before that date the Secretary— 
‘‘(A) issues policy guidance detailing the 
appropriate use of that authority; and 
‘‘(B) provides additional training to each 
employee that is authorized to exercise that au-
thority. 
‘‘(2) REPORT.—The Secretary shall provide an 
annual report to the Committees on Appropriations 
of the Senate and the House of Representatives and 
the Committee on Homeland Security of the House 
of Representatives detailing the projects for which 
the authority granted by subsection (a) was used, 
the rationale for its use, the funds spent using that 
authority, the outcome of each project for which that 
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authority was used, and the results of any audits of 
such projects.’’. 
SEC. 527. Notwithstanding any other provision of 
law, if the Secretary of Homeland Security determines 
that the National Bio and Agro-defense Facility should 
be located at a site other than Plum Island, the Secretary 
is authorized to liquidate the Plum Island asset by direct-
ing the Administrator of General Services to sell through 
public sale all real and related personal property and 
transportation assets that support Plum Island oper-
ations, subject to such terms and conditions as necessary 
to protect Government interests and meet program re-
quirements: Provided, That the gross proceeds of such sale 
shall be deposited into a separate account that shall be 
available, along with any other available appropriations, 
for use by the Secretary in the acquisition of the site for 
and the construction of the National Bio and Agro-defense 
Facility: Provided further, That the Secretary may use 
such gross proceeds of sale to reimburse any fund of the 
Secretary used to pay for the costs associated with the 
sale, including due diligence requirements, necessary envi-
ronmental remediation, and reimbursement of expenses in-
curred by the General Services Administration which shall 
not exceed 1 percent of the sale price: Provided further, 
That the net proceeds remaining after such use shall be 
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