12 2 STA T .368 2 PUBLIC LA W 11 0– 32 9— S E PT. 30 , 2008 ap p rov a l o ftheC o m m i ttee s o nA ppropriations of the S enate an d the H o u se of R epresentatives , e xc ept that the F ederal L a wE nforce - ment T rainin g Center is authori z edtoo b tain the temporar y use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities . S EC . 509 . N one of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or ac q uisition pro j ect for which a prospectus otherwise required under chapter 3 3 of title 4 0, U nited 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. 5 1 0. Sections 519, 5 2 0, 522, 52 8 , 530, and 531 of the D epartment of Homeland Security Appropriations Act, 2008 ( divi- sion E of P ublic Law 110 – 1 6 1
121 Stat. 20 7 2, 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 B uy 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 G overn- ment Accountability O ffice 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) W ithin 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 k ey 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: Provide d, That this Deadlin e .P lan. Deadline s . C e rt i f i c ati o n. R e p orts. T est p h ase. A ir carriers. Applica b ilit y .
�
