H. R. 2638—111 
laws, including all applicable privacy and civil liberties stand-
ards; and, (ii) that clear definitions of all proposed domains 
are established and are auditable; 
(B) the Comptroller General of the United States notifies 
the Committees on Appropriations of the Senate and the House 
of Representatives and the Secretary that the Comptroller has 
reviewed such certification; and 
(C) the Secretary notifies the Committees of all funds to 
be expended on the National Applications Office pursuant to 
section 503 of this Act. 
(2) Paragraph (1) shall not apply with respect to any use 
of funds for activities substantially similar to such activities con-
ducted by the Department of the Interior as set forth in the 1975 
charter for the Civil Applications Committee under the provisions 
of law codified at section 31 of title 43, United States Code. 
(b) The Inspector General shall provide to the Committees 
on Appropriations of the Senate and the House of Representatives, 
starting six months after the date of enactment of this Act, and 
quarterly thereafter, a classified report containing a review of the 
data collected by the National Applications Office, including a 
description of the collection purposes and the legal authority under 
which the collection activities were authorized: Provided, That the 
report shall also include a listing of all data collection activities 
carried out on behalf of the National Applications Office by any 
component of the National Guard. 
(c) None of the funds provided in this or any other Act shall 
be available to commence operations of the National Immigration 
Information Sharing Operation until the Secretary certifies that 
such program complies with all existing laws, including all 
applicable privacy and civil liberties standards, the Comptroller 
General of the United States notifies the Committees on Appropria-
tions of the Senate and the House of Representatives and the 
Secretary that the Comptroller has reviewed such certification, 
and the Secretary notifies the Committees on Appropriations of 
the Senate and the House of Representatives of all funds to be 
expended on the National Immigration Information Sharing Oper-
ation pursuant to section 503. 
SEC. 519. Within 45 days after the close of each month, the 
Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a monthly budget and staffing 
report that includes total obligations, on-board versus funded full- 
time equivalent staffing levels, and the number of contract 
employees by office. 
SEC. 520. Section 532(a) of Public Law 109–295 (120 Stat. 
1384) is amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 
SEC. 521. The functions of the Federal Law Enforcement 
Training Center instructor staff shall be classified as inherently 
governmental for the purpose of the Federal Activities Inventory 
Reform Act of 1998 (31 U.S.C. 501 note). 
SEC. 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 resources management 
system authorized by 5 U.S.C. 9701(a), or by regulations prescribed 
pursuant to such section, for an employee as defined in 5 U.S.C. 
7103(a)(2).
H. R. 2638—112 
(b) The Secretary of Homeland Security shall collaborate with 
employee representatives in the manner prescribed in 5 U.S.C. 
9701(e), in the planning, testing, and development of any portion 
of a human resources management system that is developed, tested, 
or deployed for persons excluded from the definition of employee 
as that term is defined in 5 U.S.C. 7103(a)(2). 
SEC. 523. 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 (Transportation Security Administration) reverses the 
determination of July 19, 2007, that butane 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 Program of the Coast 
Guard nationwide, including civil engineering 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 
Engineering 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 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 acquisition 
threshold described under section 302A(a) of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
252a(a)); or 
(4) by another Federal agency using funds provided through 
an interagency agreement. 
(c)(1) Subject to paragraph (2), the Secretary of Homeland 
Security may waive the application of this section 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 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 Gen-
eral shall review selected contracts awarded in the previous fiscal
H. R. 2638—113 
year through other than full and open competition: Provided further, 
That in determining which contracts to review, the Inspector Gen-
eral 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 Inspector 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. 
SEC. 526. None of the funds provided by this or previous appro-
priations Acts shall be used to fund any position designated as 
a Principal Federal Official for any Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
declared disasters or emergencies. 
SEC. 527. None of the funds made available in this Act may 
be used by United States Citizenship and Immigration 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. 
SEC. 528. 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. 529. None of the funds provided in this Act shall be 
available to carry out section 872 of Public Law 107–296. 
SEC. 530. 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 the National Center 
for Critical Information Processing and Storage until the Chief 
Information Officer certifies that the National Center for Critical 
Information Processing and Storage is fully utilized as the Depart-
ment’s primary data storage center at the highest capacity through-
out the fiscal year. 
SEC. 531. None of the funds in this Act shall be used to 
reduce the United States Coast Guard’s Operations Systems Center 
mission or its government-employed or contract staff levels. 
SEC. 532. None of the funds appropriated by this Act may 
be used to conduct, or to implement the results of, a competition 
under Office of Management and Budget Circular A–76 for activities 
performed with respect to the Coast Guard National Vessel Docu-
mentation Center. 
SEC. 533. 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. 534. 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 Department of Homeland Secu-
rity that are not verified through the basic pilot program under
H. R. 2638—114 
section 401 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note). 
SEC. 535. 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 importing a prescription drug from Canada 
that complies with the Federal Food, Drug, and Cosmetic Act: 
Provided, That this section shall apply only to individuals trans-
porting on their person a personal-use quantity of the prescription 
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. 536. 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 regulation which implements 
the Notice of Proposed Rulemaking related to Petitions for Aliens 
To Perform Temporary Nonagricultural Services or Labor (H–2B) 
set out beginning on 70 Fed. Reg. 3984 (January 27, 2005). 
SEC. 537. Section 831 of the Homeland Security Act of 2002 
(6 U.S.C. 391) is amended— 
(1) in subsection (a), by striking ‘‘Until September 30, 
2008,’’ and inserting ‘‘Until September 30, 2009 and subject 
to subsection (d),’’; 
(2) by redesignating subsection (d) as subsection (e); and 
(3) by inserting after subsection (c) the following: 
‘‘(d) ADDITIONAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The authority of the Secretary under 
this section shall terminate September 30, 2009, unless before 
that date the Secretary— 
‘‘(A) issues policy guidance detailing the appropriate 
use of that authority; and 
‘‘(B) provides training to each employee that is author-
ized to exercise that authority. 
‘‘(2) REPORT.—The Secretary shall provide an annual report 
to the Committees on Appropriations of the Senate and the 
House of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, 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 
authority was used, and the results of any audits of such 
projects.’’. 
SEC. 538. None of the funds made available in this Act may 
be used for planning, testing, piloting, or developing a national 
identification card. 
SEC. 539. (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 declare a major disaster 
because of an event and any appeal is completed, the Administrator 
shall submit to the Committee on Homeland Security and Govern-
mental Affairs of the Senate, the Committee on Homeland Security 
of the House of Representatives, the Committee on Transportation