12 2 STA T .3685PUBLIC LA W 11 0– 32 9— S E PT. 30 , 2008 (b)TheS e cr e ta r yofH o m e l a nd Sec u r i ty s hall collaborate w ith em p loyee representati v es in the manner prescribed in 5U. S. C . 9701 (e) , in the plannin g , testing, and development of any portion of a human resources management system that is developed, tested, or deployed for persons e x cluded from the definition of employee as that term is defined in 5 U.S.C. 710 3 (a)( 2 ). S EC . 523. I n fiscal year 2009, none of the funds made available in this or any other A ct may be used to enforce section 4 025(1) of P ublic L aw 10 8– 458 unless the Assistant Secretary of Homeland Security (Transportation Security Administration) reverses the determination of J uly 19, 2007, that butane lighters are not a significant threat to civil aviation security. SEC. 524. F unds made available in this Act may be used to alter operations within the Civil E ngineering Program of the Coast G uard 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 authori z ed 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 O ffice of the Secretary and Executive M anagement, 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 re q uired 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 -W agner-O ’D ay Act (41 U.S.C. 4 6 et seq.)
(2) under the Small B usiness 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) Sub j ect 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 ris k to human health or welfare. (2) N ot 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 R epresentatives, 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
- Provide
d , That the Inspector Gen- eral shall review selected contracts awarded in the previous fiscal Deadlin e .Not i f i c ation. W ai v e r a u t h orit y . G rant s . C ontracts. B utane li g hters.
�
