H. R. 2638—107 
or activity for which funding levels were requested for Federal 
full-time equivalents in the object classification tables contained 
in the fiscal year 2009 Budget Appendix for the Department of 
Homeland Security, as modified by the explanatory statement 
accompanying this Act, unless the Committees on Appropriations 
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 Depart-
ment 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 activities; (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 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 Department 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 reprogramming of funds 
under subsection (b) and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House 
of Representatives 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. 
(e) 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 report listing all dollar amounts specified in this Act and accom-
panying explanatory statement that are identified in the detailed 
funding table at the end of the explanatory statement accompanying 
this Act or any other amounts specified in this Act or accompanying 
explanatory statement: Provided, That such dollar amounts speci-
fied in this Act and accompanying explanatory statement shall 
be subject to the conditions and requirements of subsections (a), 
(b), and (c) of this section. 
SEC. 504. The Department of Homeland Security Working Cap-
ital Fund, established pursuant to section 403 of Public Law 103– 
356 (31 U.S.C. 501 note), shall continue operations as a permanent 
working capital fund for fiscal year 2009: Provided, That none 
of the funds appropriated or otherwise made available to the Depart-
ment of Homeland Security may be used to make payments to 
the Working Capital Fund, except for the activities and amounts
H. R. 2638—108 
allowed in the President’s fiscal year 2009 budget: Provided further, 
That funds provided to the Working Capital Fund shall be available 
for obligation until expended to carry out the purposes of the 
Working Capital Fund: Provided further, That all departmental 
components shall be charged only for direct usage of each Working 
Capital Fund service: Provided further, That funds provided to 
the Working Capital Fund shall be used only for purposes consistent 
with the contributing component: Provided further, That such fund 
shall be paid in advance or reimbursed at rates which will return 
the full cost of each service: Provided further, That the Working 
Capital Fund shall be subject to the requirements of section 503 
of this Act. 
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 
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 intelligence 
activities are deemed to be specifically authorized by the Congress 
for purposes of section 504 of the National Security Act of 1947 
(50 U.S.C. 414) during fiscal year 2009 until the enactment of 
an Act authorizing intelligence 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 letter of intent totaling 
in excess of $1,000,000, or to announce publicly the intention to 
make such an award, including a contract covered by the Federal 
Acquisition Regulation, unless the Secretary of Homeland Security 
notifies the Committees on Appropriations of the Senate and the 
House of Representatives at least 3 full business days in advance 
of making such an award or issuing such a letter: Provided, That 
if the Secretary of Homeland Security determines that compliance 
with this section would pose a substantial risk to human life, 
health, or safety, an award may be made without notification and 
the Committees on Appropriations of the Senate and the House 
of Representatives shall be notified not later than 5 full business 
days after such an award is made or letter issued: Provided further, 
That no notification shall involve 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 Emer-
gency Management Agency shall brief the Committees on Appro-
priations of the Senate and the House of Representatives 5 full 
business days in advance of announcing publicly the intention of 
making an award under the State Homeland Security Grant Pro-
gram; Urban Area Security Initiative; and the Regional Cata-
strophic Preparedness Grant Program. 
SEC. 508. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance
H. R. 2638—109 
approval of the Committees on Appropriations of the Senate and 
the House of Representatives, except that the Federal Law Enforce-
ment Training Center is authorized to obtain the temporary use 
of additional facilities by lease, contract, or other agreement for 
training which cannot be accommodated in existing Center facilities. 
SEC. 509. None of the funds appropriated or otherwise 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 develop-
ment of a proposed prospectus. 
SEC. 510. Sections 519, 520, 522, 528, 530, and 531 of the 
Department of Homeland Security Appropriations Act, 2008 (divi-
sion 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. None of the funds in this Act may be used in con-
travention of the applicable provisions of the Buy American Act 
(41 U.S.C. 10a et seq.). 
SEC. 512. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementa-
tion, 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 Govern-
ment Accountability Office reports, to the Committees on Appropria-
tions 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 certifi-
cation, and periodically thereafter, if necessary, until the Govern-
ment Accountability Office confirms 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 describes: (1) the dates for achieving key 
milestones, including 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 certification, as 
required under subsection (a). 
(d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air car-
riers, or reservation systems may be used to screen aviation pas-
sengers, 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 previous appropriations 
Acts 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
H. R. 2638—110 
restriction shall not apply to Passenger Name Record data obtained 
from air carriers. 
SEC. 513. None of the funds made available in this Act may 
be used to amend the oath of allegiance required by section 337 
of the Immigration and Nationality Act (8 U.S.C. 1448). 
SEC. 514. None of the funds appropriated by this Act may 
be used to process or approve a competition under Office of Manage-
ment and Budget Circular A–76 for services provided as of June 
1, 2004, by employees (including employees serving on a temporary 
or term basis) of United States Citizenship and Immigration Serv-
ices of the Department of Homeland Security who are known as 
of that date as Immigration Information Officers, Contact Rep-
resentatives, or Investigative Assistants. 
SEC. 515. (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 pas-
senger aircraft to the greatest extent practicable at each airport 
until technologies developed under subsection (a) are available. 
(c) The Assistant Secretary of Homeland Security (Transpor-
tation 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 incrementally each quarter. 
(d) Not later than 45 days after the end of each quarter, 
the Assistant Secretary shall submit to the Committees on Appro-
priations 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. 516. Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to Transpor-
tation Security Administration ‘‘Aviation Security’’, ‘‘Administra-
tion’’ 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 explosives 
detection systems, for air cargo, baggage, and checkpoint screening 
systems, subject to notification: Provided, That quarterly reports 
shall be submitted to the Committees on Appropriations of the 
Senate and the House of Representatives on any funds that are 
recovered or deobligated. 
SEC. 517. Any funds appropriated to United States Coast 
Guard, ‘‘Acquisition, Construction, and Improvements’’ for fiscal 
years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol 
boat conversion that are recovered, collected, or otherwise received 
as the result of negotiation, mediation, or litigation, shall be avail-
able until expended for the Replacement Patrol Boat (FRC-B) pro-
gram. 
SEC. 518. (a)(1) Except as provided in paragraph (2), none 
of the funds provided in this or any other Act shall be available 
to commence or continue operations of the National Applications 
Office until— 
(A) the Secretary certifies in fiscal year 2009 that: (i) 
National Applications Office programs comply with all existing