H. R. 2892—31 
SEC. 520. 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. 521. (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 any 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, including the AbilityOne Program, that 
is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 
46 et seq.); 
(2) pursuant to 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 subsections 
(a), (b), and (c) of this section, the Inspector General of the Depart-
ment of Homeland Security shall review departmental contracts 
awarded through means other than a full and open competition 
to assess departmental compliance with applicable laws and regula-
tions: Provided, That the Inspector General shall review selected 
contracts awarded in the previous fiscal year through means other 
than a full and open competition: Provided further, That in selecting 
which contracts to review, the Inspector 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 Depart-
ment 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 no later than February 5, 2010. 
SEC. 522. Except as provided in paragraphs (1) and (2) of 
this section, none of the funds provided by this or previous appro-
priations Acts shall be used to fund any position designated as
H. R. 2892—32 
a Principal Federal Official, or any successor position, for any 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) declared disasters or emergencies— 
(1) The Secretary of Homeland Security may waive the 
application of this section provided that any field position 
appointed pursuant to this waiver shall not hold the title of 
Principal Federal Official, shall functionally report through the 
Federal Coordinating Officer appointed under section 302 of 
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5143), and shall be subject to the provisions 
of subsection (c) of section 319 of title 6, United States Code. 
The Secretary may not delegate the authority to grant such 
a waiver. 
(2) Not later than 10 business days after the date on 
which the Secretary of Homeland Security issues a waiver 
under this section, the Secretary shall submit notification of 
that waiver to the Committees on Appropriations of the Senate 
and the House of Representatives, the Transportation and 
Infrastructure Committee of the House of Representatives, and 
the Homeland Security and Governmental Affairs Committee 
of the Senate explaining the circumstances necessitating the 
waiver, describing the specific role of any officials appointed 
pursuant to the waiver, and outlining measures taken to ensure 
compliance with subsection (c) of section 319 and subsections 
(c)(3) and (c)(4)(A) of section 313 of title 6, United States 
Code. 
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 Homeland Security 
(Transportation Security Administration) reverses the determina-
tion 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. None of the funds provided in this Act shall be 
available to carry out section 872 of the Homeland Security Act 
of 2002 (6 U.S.C. 452). 
SEC. 526. 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. 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.
H. R. 2892—33 
SEC. 528. 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 Processing and Storage) 
until the Chief Information Officer certifies that Data Center One 
is fully utilized as the Department’s primary data storage center 
at the highest capacity throughout the fiscal year. 
SEC. 529. 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. 530. 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. 531. 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, 2009’’ 
and inserting ‘‘Until September 30, 2010,’’; and 
(2) in subsection (d)(1), by striking ‘‘September 30, 2009,’’ 
and inserting ‘‘September 30, 2010,’’. 
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 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 (E-Verify 
Program) under section 401 of the Illegal Immigration 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 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. 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 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. 536. 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 subsection 
(g)(4)(B) of title 31, Unites States Code (as added by Public Law
H. R. 2892—34 
102–393) from the Department of the Treasury Forfeiture Fund 
to any agency within the Department of Homeland Security: Pro-
vided, That none of the funds identified for such a transfer may 
be obligated until the Committees on Appropriations of the Senate 
and the House of Representatives approve the proposed transfers. 
SEC. 537. None of the funds made available in this Act may 
be used for planning, testing, piloting, or developing a national 
identification card. 
SEC. 538. If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an air-
port does not need to participate in the basic pilot program (E- 
Verify Program) under section 402 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), the Assistant Secretary shall certify to the Committees on 
Appropriations of the Senate and the House of Representatives 
that no security risks will result from such non-participation. 
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 
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 information used to determine whether to 
declare a major disaster. 
(b) The Administrator may redact from a report under sub-
section (a) any data that the Administrator determines would com-
promise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Administrator of 
the Federal Emergency Management Agency; and 
(2) the term ‘‘major disaster’’ has the meaning given that 
term in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122). 
SEC. 540. Notwithstanding any other provision of law, should 
the Secretary of Homeland Security determine that 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 operations, subject to such terms and conditions as necessary 
to protect government interests and meet program requirements: 
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 remediation at Plum Island, 
and reimbursement of expenses incurred by the General Services 
Administration which shall not exceed 1 percent of the sale price 
or $5,000,000, whichever is greater: Provided further, That after