Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2638 Enrolled Bill (ENR)]

H.R.2638

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight

An Act

Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2008, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPROPRIATIONS
ACT, 2009

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ``this
Act'' or ``this joint resolution'' contained in any division of this
Act shall be treated as referring only to the provisions of that
division.

SEC. 4. EXPLANATORY STATEMENT.

The explanatory statement regarding this legislation, printed in
the House of Representatives section of the Congressional Record on or
about September 24, 2008 by the Chairman of the Committee on
Appropriations of the House, shall have the same effect with respect to
the allocation of funds and implementation of this Act as if it were a
joint explanatory statement of a committee of conference.

DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009

The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments,
agencies, corporations, and other organizational units of Government
for fiscal year 2009, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for
fiscal year 2008 and under the authority and conditions provided in
such Acts, for continuing projects or activities (including the costs
of direct loans and loan guarantees) that are not otherwise
specifically provided for in this joint resolution, that were conducted
in fiscal year 2008, and for which appropriations, funds, or other
authority were made available in the following appropriations Acts:
divisions A, B, C, D, F, G, H, J, and K of the Consolidated
Appropriations Act, 2008 (Public Law 110-161).
Sec. 102. Rates for operations shall be calculated under section
101 without regard to any amount designated in the applicable
appropriations Acts for fiscal year 2008 as an emergency requirement or
necessary to meet emergency needs pursuant to any concurrent resolution
on the budget, other than the following amounts:
(1) $150,000,000 provided in Public Law 110-252 for
``Department of Health and Human Services--Food and Drug
Administration--Salaries and Expenses''.
(2) $143,539,000 provided in division B of Public Law 110-161
for ``Department of Justice--Federal Bureau of Investigation--
Salaries and Expenses''.
(3) $110,000,000 provided in Public Law 110-252 for
``Department of Labor--Employment and Training Administration--
State Unemployment Insurance and Employment Service Operations'',
without regard to the dates specified under such heading.
(4) $272,000,000 of the $575,000,000 provided in division J of
Public Law 110-161 for ``Department of State--Administration of
Foreign Affairs--Diplomatic and Consular Programs'' in the first
paragraph under such heading, and $206,632,000 provided in the last
paragraph under such heading.
(5) $76,700,000 provided in subchapter A of chapter 4 of title
I of Public Law 110-252 for ``Department of State--Administration
of Foreign Affairs--Embassy Security, Construction, and
Maintenance''.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. No appropriation or funds made available or authority
granted pursuant to section 101 shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during fiscal year 2008.
Sec. 105. Appropriations made and authority granted pursuant to
this joint resolution shall cover all obligations or expenditures
incurred for any project or activity during the period for which funds
or authority for such project or activity are available under this
joint resolution.
Sec. 106. Unless otherwise provided for in this joint resolution or
in the applicable appropriations Act for fiscal year 2009,
appropriations and funds made available and authority granted pursuant
to this joint resolution shall be available until whichever of the
following first occurs: (1) the enactment into law of an appropriation
for any project or activity provided for in this joint resolution; (2)
the enactment into law of the applicable appropriations Act for fiscal
year 2009 without any provision for such project or activity; or (3)
March 6, 2009.
Sec. 107. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this joint resolution may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United States
Code, but nothing in this joint resolution may be construed to waive
any other provision of law governing the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution of
appropriations at the beginning of fiscal year 2009 because of
distributions of funding to States, foreign countries, grantees, or
others, such high initial rates of operation or complete distribution
shall not be made, and no grants shall be awarded for such programs
funded by this joint resolution that would impinge on final funding
prerogatives.
Sec. 110. This joint resolution shall be implemented so that only
the most limited funding action of that permitted in the joint
resolution shall be taken in order to provide for continuation of
projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2008, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2008, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2008 but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may
be apportioned up to the rate for operations necessary to avoid
furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2008, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this joint resolution may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Sec. 114. Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Food and Nutrition Service--Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC)''
at a rate for operations of $6,658,000,000.
Sec. 115. Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Rural Housing Service--Rental Assistance
Program'' at a rate for operations of $997,000,000.
Sec. 116. Section 14222(b)(1) of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246) shall not apply through the date
specified in section 106(3) of this joint resolution.
Sec. 117. Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Rural Housing Service--Rural Housing
Insurance Fund Program Account'', for the cost of unsubsidized
guaranteed loans for section 502 borrowers, at the rate necessary to
maintain the same principal amount of loan guarantee commitments as
made in fiscal year 2008.
Sec. 118. With respect to amounts provided by section 101 for the
Department of Agriculture, sections 101 and 104 may not be construed to
prohibit the use of such amounts for necessary administrative expenses
for programs for which direct spending authority (as defined in section
250(c)(8)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900(c)(8)(A))) is provided by the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246).
Sec. 119. Notwithstanding section 101, amounts are provided for
``Department of Agriculture-Food and Nutrition Service--Commodity
Assistance Program'' at a rate for operations of $233,791,000, of which
$163,218,000 shall be for carrying out the Commodity Supplemental Food
Program.
Sec. 120. Notwithstanding section 101, amounts are provided for
``Department of Commerce--Bureau of the Census--Periodic Censuses and
Programs'' at a rate for operations of $2,906,262,000. From such
amounts, funds may be used for additional promotion, outreach, and
marketing activities.
Sec. 121. Notwithstanding the limitations on administrative
expenses in subsections (c)(2) and (c)(3)(A) of section 3005 of the
Digital Television Transition and Public Safety Act of 2005 (Public Law
109-171; 120 Stat. 21), the Assistant Secretary (as such term is
defined in section 3001(b) of such Act) may expend funds made available
under sections 3006, 3008, and 3009 of such Act for additional
administrative expenses of the digital-to-analog converter box program
established by such section 3005 at a rate not to exceed $180,000,000
through the date specified in section 106(3) of this joint resolution.
Sec. 122. Notwithstanding section 101, amounts are provided for
``Department of Justice--Federal Prison System--Salaries and Expenses''
at a rate for operations of $5,396,615,000.
Sec. 123. Notwithstanding section 101, amounts are provided for
``Department of Justice--General Administration--Detention Trustee'' at
a rate for operations of $1,245,920,000.
Sec. 124. Amounts provided by section 101 for the National
Aeronautics and Space Administration may be obligated in the account
and budget structure set forth in S. 3182 (110th Congress), the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2009, as reported by the Committee on Appropriations of the Senate.
Sec. 125. Section 7(1)(B) of Public Law 106-178 (50 U.S.C. 1701
note) is amended by striking ``January 1, 2012'' and inserting ``July
1, 2016''.
Sec. 126. In addition to amounts otherwise provided by section 101,
an additional amount is provided for ``Department of Justice--Legal
Activities--Salaries and Expenses, General Legal Activities'' to
reimburse the Office of Personnel Management for salaries and expenses
associated with the Federal observer program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f), at a rate for operations
of $3,390,000, of which $1,090,000 shall be derived by transfer from
amounts provided by section 101 for ``Office of Personnel Management--
Salaries and Expenses''.
Sec. 127. Section 14704 of title 40, United States Code, shall be
applied by substituting the date specified in section 106(3) of this
joint resolution for ``October 1, 2007''.
Sec. 128. Amounts provided by section 101 for ``Department of the
Army--Corps of Engineers-Civil--Construction'' for inland waterway
major rehabilitation projects shall not be derived from the Inland
Waterways Trust Fund.
Sec. 129. (a) Notwithstanding any other provision of this joint
resolution, there is appropriated $7,510,000,000 for fiscal year 2009
for ``Department of Energy--Energy Programs--Advanced Technology
Vehicles Manufacturing Loan Program Account'' for the cost of direct
loans as authorized by section 136(d) of the Energy Independence and
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17013(d)), to
remain available until expended. Of such amount, $10,000,000 shall be
used for administrative expenses in carrying out the direct loan
program. Commitments for direct loans using such amount shall not
exceed $25,000,000,000 in total loan principal. The cost of such direct
loans, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.
(c) Section 136 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17013) is amended as follows:
(1) In subsection (d)(1), by adding at the end the following:
``The loans shall be made through the Federal Financing Bank, with
the full faith and credit of the United States Government on the
principal and interest. The full credit subsidy shall be paid by
the Secretary using appropriated funds.''.
(2) In subsection (e), by striking ``The Secretary shall issue
regulations that require that,'' and inserting the following: ``Not
later than 60 days after the enactment of the Continuing
Appropriations Resolution, 2009, the Secretary shall promulgate an
interim final rule establishing regulations that the Secretary
deems necessary to administer this section and any loans made by
the Secretary pursuant to this section. Such interim final rule
shall require that,''.
(3) By adding at the end the following new subsection:
``(j) Appointment and Pay of Personnel.--(1) The Secretary may use
direct hiring authority pursuant to section 3304(a)(3) of title 5,
United States Code, to appoint such professional and administrative
personnel as the Secretary deems necessary to the discharge of the
Secretary's functions under this section.
``(2) The rate of pay for a person appointed pursuant to paragraph
(1) shall not exceed the maximum rate payable for GS-15 of the General
Schedule under chapter 53 such title 5.
``(3) The Secretary may retain such consultants as the Secretary
deems necessary to the discharge of the functions required by this
section, pursuant to section 31 of the Office of Federal Procurement
Policy Act (41 U.S.C. 427).''.
Sec. 130. (a) In addition to the amounts otherwise provided by
section 101 for ``Department of Energy--Energy Programs--Energy
Efficiency and Renewable Energy'' for weatherization assistance under
part A of title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.), there is appropriated $250,000,000 for an
additional amount for fiscal year 2009, to remain available until
expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.
Sec. 131. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``Department of the
Treasury--Internal Revenue Service--Taxpayer Services'' to meet the
requirements of the Economic Stimulus Act of 2008 (Public Law 110-185),
at a rate for operations of $67,900,000.
Sec. 132. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``Executive Office of the
President--Office of Administration--Salaries and Expenses'' for e-mail
restoration activities, at a rate for operations of $5,700,000.
Sec. 133. Notwithstanding section 101, amounts are provided for
``Executive Office of the President--Office of Administration--
Presidential Transition Administrative Support'' to carry out the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) at a rate for
operations of $8,000,000. Such funds may be transferred to other
accounts that provide funding for offices within the Executive Office
of the President and the Office of the Vice President in this joint
resolution or any other Act, to carry out such purposes.
Sec. 134. Notwithstanding any other provision of this joint
resolution, except section 106, the District of Columbia may expend
local funds for programs and activities under the heading ``District of
Columbia Funds'' for such programs and activities under title IV of S.
3260 (110th Congress), as reported by the Committee on Appropriations
of the Senate, at the rate set forth under ``District of Columbia
Funds'' as included in the Fiscal Year 2009 Proposed Budget and
Financial Plan submitted to the Congress by the District of Columbia on
June 9, 2008.
Sec. 135. Notwithstanding section 101, amounts are provided for
``Federal Payment for Emergency Planning and Security Costs in the
District of Columbia'' for a direct Federal payment to the District of
Columbia, at a rate for operations of $15,000,000.
Sec. 136. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``Federal Communications
Commission--Salaries and Expenses'' for consumer education associated
with the transition to digital television occurring on February 17,
2009, at a rate for operations of $20,000,000.
Sec. 137. Notwithstanding section 101, amounts are provided for
``General Services Administration--Expenses, Presidential Transition''
to carry out the Presidential Transition Act of 1963 (3 U.S.C. 102
note) at a rate for operations of $8,520,000, of which not to exceed
$1,000,000 is for activities authorized by paragraphs (8) and (9) of
section 3(a) of such Act.
Sec. 138. Notwithstanding section 101, amounts are provided for
``General Services Administration--Allowances and Office Staff for
Former Presidents'' to carry out the provisions of the Act of August
25, 1958 (3 U.S.C. 102 note) at a rate for operations of $2,682,000.
Sec. 139. Notwithstanding section 101, the limitation on gross
obligations applicable under the heading ``National Credit Union
Administration--Central Liquidity Facility'' in division D of Public
Law 110-161 shall be the amount authorized by section 307(a)(4)(A) of
the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)).
Sec. 140. Notwithstanding section 101, amounts are provided to
carry out section 504(d) of title 39, United States Code, as amended by
section 603(a) of the Postal Accountability and Enhancement Act (Public
Law 109-435), at a rate for operations of $14,043,000, to be derived by
transfer from the Postal Service Fund.
Sec. 141. Notwithstanding section 101, amounts are provided to
carry out section 8G(f)(6) of the Inspector General Act of 1978 (5
U.S.C. App.), as added by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435), at a rate for
operations of $233,440,000, to be derived by transfer from the Postal
Service Fund.
Sec. 142. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2009
under sections 5303 and 5304 of title 5, United States Code, shall be
an increase of 3.9 percent, and this adjustment shall apply to civilian
employees in the Department of Homeland Security. Such adjustment shall
be effective as of the first day of the first applicable pay period
beginning on or after January 1, 2009.
(b) The adjustment in rates of basic pay for the statutory pay
systems that take place in fiscal year 2009 under sections 5344 and
5348 of title 5, United States Code, shall be no less than the
percentage in subsection (a) as employees in the same location whose
rates of basic pay are adjusted pursuant to the statutory pay systems
under section 5303 and 5304 of such title 5. Prevailing rate employees
at locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of such title 5 and prevailing rate
employees described in section 5343(a)(5) of such title 5 shall be
considered to be located in the pay locality designated as ``Rest of
US'' pursuant to section 5304 of such title 5 for purposes of this
subsection.
(c) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or agency
for salaries and expenses for fiscal year 2009.
(d) The provisions of this section shall apply notwithstanding any
other provision of this joint resolution.
Sec. 143. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be
applied by substituting the date specified in section 106(3) of this
joint resolution for ``the 11-year period beginning on the first day
the pilot program is in effect''.
Sec. 144. The requirement set forth in section 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall continue
through the date specified in section 106(3) of this joint resolution.
Sec. 145. Sections 1309(a) and 1319 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each be applied by
substituting the date specified in section 106(3) of this joint
resolution for ``September 30, 2008''.
Sec. 146. Section 717(a) of the Defense Production Act of 1950 (50
U.S.C. App. 2166(a)) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ``September
30, 2008''.
Sec. 147. The authority provided by section 330 of Public Law 106-
291 (43 U.S.C. 1701 note), as amended by section 428 of Public Law 109-
54, shall continue in effect through the date specified in section
106(3) of this joint resolution.
Sec. 148. Section 337(a) of division E of Public Law 108-447, as
amended by section 420 of division F of Public Law 110-161, shall be
applied by substituting the date specified in section 106(3) of this
joint resolution for ``September 30, 2008''.
Sec. 149. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d note)
shall be applied by substituting the date specified in section 106(3)
of this joint resolution for ``September 30, 2008''.
Sec. 150. The authority provided by section 325 of Public Law 108-
108 (117 Stat. 1307) shall continue in effect through the date
specified in section 106(3) of this joint resolution.
Sec. 151. In addition to the amounts otherwise provided by section
101, an additional amount is provided for ``Department of the
Interior--National Park Service--Operation of the National Park
System'' for security and visitor safety activities related to the
Presidential Inaugural Ceremonies, at a rate for operations of
$2,000,000.
Sec. 152. (a) Sections 104, 105, and 433 of division F of Public
Law 110-161 shall not apply to amounts provided by this joint
resolution.
(b) Nothing in this section amends or shall be construed as
amending the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), including the public comment periods mandated by section 18 of
that Act (43 U.S.C. 1344), the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), or any other law or regulation.
Sec. 153. Amounts provided by section 101 for implementation of the
Modified Water Deliveries to Everglades National Park shall be made
available to the Army Corps of Engineers, which shall immediately carry
out Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail) as
substantially described in the Limited Reevaluation Report with
Integrated Environmental Assessment and addendum, approved August 2008,
which, for purposes of this section, is determined to meet the
requirements of section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344), including subsection (r), in order to achieve the
goals set forth in section 104 of the Everglades National Park
Protection and Expansion Act of 1989 (16 U.S.C. 410r-8).
Sec. 154. Activities authorized by chapters 2, 3, and 5 of title II
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), including section
246 of such Act, shall continue through the date specified in section
106(3) of this joint resolution.
Sec. 155. (a) In lieu of the amount otherwise provided by section
101 for ``Department of Health and Human Services--Administration for
Children and Families--Low-Income Home Energy Assistance'', there is
appropriated for such account for making payments under the Low-Income
Home Energy Assistance Act of 1981, $5,100,000,000, which shall remain
available through September 30, 2009. Of such amount, $4,509,672,000 is
for payments under subsections (b) and (d) of section 2602 of such Act
and $590,328,000 is for payments under subsection (e) of such section.
All but $839,792,000 of the amount provided by this section for such
subsections (b) and (d) shall be allocated as though the total
appropriation for such payments for fiscal year 2009 was less than
$1,975,000,000.
(b) Notwithstanding section 2605(b)(2)(B)(ii) of such Act, a State
may use any amount of an allotment from prior appropriations Acts that
is available to that State for providing assistance in fiscal year
2009, and any allotment from funds appropriated in this section or in
any other appropriations Act for fiscal year 2009, to provide
assistance to households whose income does not exceed 75 percent of the
State median income.
(c) The amount provided by this section shall be obligated to
States within 30 calender days from the date of enactment of this joint
resolution.
(d) Of the amount provided by this section, $2,779,672,000 is
designated as an emergency requirement and necessary to meet emergency
needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and 2009.
(e) The provisions of this section shall apply notwithstanding any
other provision of this joint resolution.
Sec. 156. Notwithstanding section 101, amounts are provided for
``Corporation for National and Community Service--Operating Expenses''
to carry out subtitle E of the National and Community Service Act of
1990 at a rate for operations of $23,782,000.
Sec. 157. (a) Amounts provided by section 101 for ``Department of
Health and Human Services--Office of the Secretary--General
Departmental Management'' are also available for the purpose of funding
the National Commission on Children and Disasters authorized under
title VI of division G of Public Law 110-161 (the ``title VI
Commission'').
(b) Effective on and after the date of enactment of this joint
resolution (1) the National Commission on Children and Disasters
established by the Secretary of Health and Human Services under section
1114 of the Social Security Act (the ``section 1114 Commission''),
together with its members, personnel, and other resources and
obligations, shall be considered to be the title VI Commission and
shall no longer be subject to the provisions of such section 1114; and
(2) for purposes of any contract entered into by any component of the
Department of Health and Human Services in fiscal year 2008 for support
of the section 1114 Commission, any reference to the section 1114
Commission shall be deemed to refer to the title VI Commission.
Sec. 158. (a) Notwithstanding section 101, amounts are provided for
``Department of Education-Student Financial Assistance'' at a rate for
operations of $18,627,136,000, of which $16,761,000,000 shall be for
carrying out subpart 1 of part A of title IV of the Higher Education
Act of 1965.
(b) Subparagraph (E) of section 401(b)(8) of the Higher Education
Act of 1965 shall not apply to any funds made available under
subparagraph (A) of such section through the date specified in section
106(3) of this joint resolution.
Sec. 159. Notwithstanding any other provision of this joint
resolution, there is appropriated for payment to the heirs-at-law of
Stephanie Tubbs Jones, late a Representative from the State of Ohio,
$169,300.
Sec. 160. (a) Notwithstanding any other provision of this joint
resolution, there is appropriated for ``Department of Veterans
Affairs--Veterans Benefits Administration--Filipino Veterans Equity
Compensation Fund'' for payments to eligible persons who served in the
Philippines during World War II as authorized, $198,000,000, to remain
available until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.
Sec. 161. The authority provided by section 1603(a) of Public Law
109-234 shall continue in effect through the date specified in section
106(3) of this joint resolution.
Sec. 162. Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of
subsections (a) through (c) of section 234 of such Act shall remain in
effect through the date specified in section 106(3) of this joint
resolution.
Sec. 163. Notwithstanding any other provision of this joint
resolution, up to $5,000,000 of the amounts appropriated under the
heading ``Other Bilateral Economic Assistance--Department of the
Treasury--Debt Restructuring'' in Public Law 109-102, in such Act as
made applicable to fiscal year 2007 by the Continuing Appropriations
Resolution, 2007 (as amended by Public Law 110-5), and in title III of
division J of Public Law 110-161, may be used to assist Liberia in
buying back its commercial debt through the Debt Reduction Facility of
the International Development Association.
Sec. 164. The first proviso under the heading ``Department of
State--Migration and Refugee Assistance'' in title III of division J of
Public Law 110-161 shall not apply to amounts provided by this joint
resolution.
Sec. 165. Notwithstanding section 101 of this joint resolution, the
number in the third proviso under the heading ``Military Assistance--
Funds Appropriated to the President--Foreign Military Financing
Program'' in title IV of division J of Public Law 110-161 shall be
deemed to be $670,650,000 and shall apply to the $2,550,000,000 made
available for assistance for Israel in fiscal year 2009 under the
heading ``Foreign Military Financing Program''.
Sec. 166. Notwithstanding section 101, amounts are provided for
``Department of Transportation--Federal Aviation Administration--
Operations'' at a rate for operations of $8,756,800,000, of which not
less than $1,099,402,000 shall be available for aviation safety
activities.
Sec. 167. Amounts provided by section 101 for ``Department of
Transportation--Maritime Administration--Operations and Training''
shall include amounts necessary to satisfy the salaries and benefits of
employees of the United States Merchant Marine Academy, to be derived
solely from the total amount made available in this joint resolution
for the United States Merchant Marine Academy. The Secretary of
Transportation shall inform the Committees on Appropriations of the
House of Representatives and the Senate of salaries and expenses
funding obligated for personnel that had heretofore not been
compensated from funds made available under this account.
Sec. 168. Notwithstanding any other provision of this joint
resolution, other than section 106, the Secretary of Housing and Urban
Development shall obligate funds provided by section 101 at a rate the
Secretary determines is necessary to renew, in a timely manner, all
section 8 project-based rental assistance contracts. In renewing such
contracts, the Secretary may provide for payments to be made beyond the
period covered by this joint resolution.
Sec. 169. Section 24(o) of the United States Housing Act of 1937
(42 U.S.C. 1437v(o)) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ``September
30, 2008''.
Sec. 170. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until the date
specified in section 106(3) of this joint resolution, insure and enter
into commitments to insure mortgages under section 255 of such Act.
Sec. 171. During the period covered by this joint resolution,
commitments to guarantee loans insured under the Mutual Mortgage
Insurance Fund, as authorized by the National Housing Act (12 U.S.C.
1701 et seq.), shall not exceed a loan principal of $1,154,000,000
multiplied by the number of days in such period.
Sec. 172. Notwithstanding any other provision of this joint
resolution, from funds made available for personnel compensation and
benefits or salaries and expenses under any account in title II of
division K of Public Law 110-161 (except for ``Office of Inspector
General'' and ``Office of Federal Housing Enterprise Oversight--
Salaries and Expenses''), up to $15,000,000 may be transferred to
``Working Capital Fund'' for information technology needs for the
Federal Housing Administration.
Sec. 173. Amounts provided by section 101 for ``National
Transportation Safety Board--Salaries and Expenses'' shall include
amounts necessary to make lease payments due in fiscal year 2009 only,
on an obligation incurred in 2001 under a capital lease.
Sec. 174. The provisions of title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11311 et seq.) shall continue in effect,
notwithstanding section 209 of such Act, through the earlier of (1) the
date specified in section 106(3) of this joint resolution; or (2) the
date of enactment of an authorization Act relating to the McKinney-
Vento Homeless Assistance Act.
This division may be cited as the ``Continuing Appropriations
Resolution, 2009''.

DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008

The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, and for other purposes, namely:

TITLE I--RELIEF AND RECOVERY FROM NATURAL DISASTERS

CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT

DEPARTMENT OF AGRICULTURE

Office of Inspector General

For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until expended, for oversight of
disaster- and emergency-related funding provided by this chapter.

Agricultural Research Service

buildings and facilities

For an additional amount for ``Buildings and Facilities'',
$5,000,000, to remain available until expended, for the repair and
reconstruction of buildings damaged by natural disasters occurring
during 2008.

Animal and Plant Health Inspection Service

salaries and expenses

For an additional amount for ``Salaries and Expenses'', $5,000,000,
to remain available through September 30, 2010, for pathogen
surveillance and eradication to address confirmed or suspected
outbreaks.

Natural Resources Conservation Service

emergency watershed protection program

For an additional amount for the ``Emergency Watershed Protection
Program'', $100,000,000, to remain available until expended, for
disaster recovery operations.

Farm Service Agency

emergency conservation program

For an additional amount for ``Emergency Conservation Program'',
$115,000,000, to remain available until expended.

Rural Development Programs

rural development disaster assistance fund

For grants, and for the cost of direct and guaranteed loans, for
authorized activities of agencies of the Rural Development Mission
Area, $150,000,000, to remain available until expended, which shall be
allocated as follows: $59,000,000 for single and multi-family housing
activities; $40,000,000 for community facilities activities;
$26,000,000 for utilities activities; and $25,000,000 for business
activities: Provided, That such funds shall be for areas affected by
hurricanes, floods, and other natural disasters occurring during 2008
for which the President declared a major disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1974: Provided further, That the cost of such direct and guaranteed
loans, including the cost of modifying loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That the Secretary of Agriculture may reallocate funds made available
in this paragraph among the 4 specified activities, if the Secretary
notifies the Committees on Appropriations of the House of
Representatives and the Senate not less than 15 days prior to such
reallocation.
In addition, for an additional amount for grants, and for the cost
of direct and guaranteed loans, for authorized activities of the Rural
Housing Service, $38,000,000, to remain available until expended, for
single and multi-family housing activities: Provided, That such funds
shall be for areas affected by Hurricanes Katrina and Rita: Provided
further, That the cost of such direct and guaranteed loans, including
the cost of modifying loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.

GENERAL PROVISIONS, THIS CHAPTER

(including transfers of funds)

Sec. 10101. (a) Rural Development Disaster Assistance Fund.--
Hereafter, there is established in the Treasury a fund entitled the
``Rural Development Disaster Assistance Fund''.
(b) Purpose and Availability of Fund.--Subject to subsection (d),
amounts in the Rural Development Disaster Assistance Fund shall be
available to the Secretary of Agriculture, until expended, to provide
additional amounts for authorized activities of agencies of the Rural
Development Mission Area in areas affected by a disaster declared by
the President or the Secretary of Agriculture. Amounts so provided
shall be in addition to any other amounts available to carry out the
activity.
(c) Waiver of Activity or Project Limitations.--The Secretary of
Agriculture may waive any limits on population, income, or cost-sharing
otherwise applicable to an activity or project for which amounts in the
Rural Development Disaster Assistance Fund will be obligated under
subsection (b), except that, if the amounts proposed to be obligated in
connection with the disaster would exceed the amount specified in
subsection (h), the notification required by that subsection shall
include information and justification with regard to any waivers to be
granted under this subsection.
(d) Treatment of Certain Amounts in Fund.--Amounts appropriated
directly to the Rural Development Disaster Assistance Fund by this Act
or any subsequent Act for a specific purpose shall be available only
for that purpose until such time as the transfer authority provided by
subsection (f) takes effect with regard to the amounts. Only subsection
(c), including the notification requirements of such subsection, and
subsections (g) and (i) apply to amounts described in this subsection.
(e) Transfer of Prior Appropriations to Fund.--The Secretary of
Agriculture may transfer to the Rural Development Disaster Assistance
Fund, and merge with other amounts generally appropriated to the Fund,
the available unobligated balance of any amounts that were appropriated
before the date of the enactment of this Act for programs and
activities of the Rural Development Mission Area to respond to a
disaster and were designated by the Congress as an emergency
requirement if, in advance of the transfer, the Secretary determines
that the unobligated amounts are no longer needed to respond to the
disaster for which the amounts were originally appropriated and the
Secretary provides a certification of this determination to the
Committees on Appropriations of the House of Representatives and the
Senate.
(f) Transfer of Other Appropriations to Fund.--Unless otherwise
specifically provided in an appropriations Act, the Secretary of
Agriculture may transfer to or within the Rural Development Disaster
Assistance Fund, and merge with other amounts generally appropriated to
the Fund, the available unobligated balance of any amounts that are
appropriated for fiscal year 2009 or any subsequent fiscal year for
programs and activities of the Rural Development Mission Area to
respond to a disaster and are designated by the Congress as an
emergency requirement if, in advance of the transfer, the Secretary
determines that the unobligated amounts are no longer needed to respond
to the disaster for which the amounts were originally appropriated and
the Secretary provides a certification of this determination to the
Committees on Appropriations of the House of Representatives and the
Senate. A transfer of unobligated amounts with respect to a disaster
may not be made under this subsection until after the end of the two-
year period beginning on the date on which the amounts were originally
appropriated for that disaster.
(g) Administrative Expenses.--In addition to any other funds
available to the Secretary of Agriculture to cover administrative
costs, the Secretary may use up to 3 percent of the amounts allocated
from the Rural Development Disaster Assistance Fund for a specific
disaster to cover administrative costs of Rural Development's State and
local offices in the areas affected by the disaster to carry out
disaster related activities.
(h) Limitation on Per Disaster Obligations.--Amounts in the Rural
Development Disaster Assistance Fund, except for amounts described in
subsection (d) that are appropriated to the Fund and obligated in
accordance with that subsection, may not be obligated in excess of
$1,000,000 for a disaster until at least 15 days after the date on
which the Secretary of Agriculture notifies the Committees on
Appropriations of the House of Representatives and the Senate of the
Secretary's determination to obligate additional amounts and the
reasons for the determination. The Secretary may not obligate more than
50 percent of the funds contained in the Rural Development Disaster
Assistance Fund for any one disaster unless the Secretary declares that
there is a specific and extreme need that additional funds must be
provided in response to such disaster at time of the obligation.
(i) Quarterly Reports.--The Secretary of Agriculture shall submit,
on a quarterly basis, to the Committees on Appropriations of the House
of Representatives and the Senate a report describing the status of the
Rural Development Disaster Assistance Fund and any transactions that
have affected the Fund since the previous report.
Sec. 10102.  Section 1601 (c)(2) of the Food, Conservation and
Energy Act of 2008 (Public Law 110-246) shall apply in implementing
section 12033 of such Act.

CHAPTER 2--COMMERCE AND SCIENCE

DEPARTMENT OF COMMERCE

Economic Development Administration

economic development assistance programs

Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'', for necessary expenses
related to disaster relief, long-term recovery, and restoration of
infrastructure related to the consequences of hurricanes, floods and
other natural disasters occuring during 2008 for which the President
declared a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, $400,000,000, to remain
available until expended.

National Oceanic and Atmospheric Administration

operations, research, and facilities

For an additional amount for ``Operations, Research, and
Facilities'', to improve hurricane track and intensity forecasts for
the protection of life and property, $11,000,000, to remain available
until September 30, 2009.
In addition, for an additional amount for ``Operations, Research,
and Facilities'', for fishery disaster assistance, $75,000,000, to
remain available until September 30, 2009: Provided, That the National
Marine Fisheries Service shall cause such amounts to be distributed
among eligible recipients of assistance for fishery resource disasters
and commercial fishery failures as declared by the Secretary of
Commerce under sections 308(b) and 308(d) of the Interjurisdicitional
Fisheries Act (16 U.S.C. 4107) and sections 312(a) and 315 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861a(a) and 1864).

procurement, acquisition, and construction

For an additional amount for ``Procurement, Acquisition, and
Construction'', to improve hurricane track and intensity forecasts for
the protection of life and property, $6,000,000, to remain available
until September 30, 2009.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Exploration Capabilities

For an additional amount for ``Exploration Capabilities'', for
necessary expenses for restoration and mitigation of National
Aeronautics and Space Administration owned infrastructure and
facilities related to the consequences of hurricanes, floods, and other
natural disasters occuring during 2008 for which the President declared
a major disaster under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act of 1974, $30,000,000, to remain
available until expended with such sums as determined by the
Administrator of the National Aeronautics and Space Administration as
available to reimburse costs incurred and for transfer to ``Science,
Aeronautics and Exploration'' in accordance with section 505 of
division B of Public Law 110-161.

CHAPTER 3--ENERGY AND WATER DEVELOPMENT

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

construction

For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes, floods and other natural disasters, $1,538,800,000, to
remain available until expended: Provided, That the Secretary of the
Army is directed to use $38,800,000 of the funds appropriated under
this heading to address emergency situations at Corps of Engineers
projects and rehabilitate and repair damages to Corps projects caused
by recent natural disasters: Provided further, That the Secretary is
directed to use $1,500,000,000 of the funds appropriated under this
heading to fund the estimated amount of the non-Federal cash
contribution for projects in southeast Louisiana that will be financed
in accordance with the provisions of section 103(k) of Public Law 99-
662 over a period of 30 years from the date of completion of the
project or separable element, with $700,000,000 used for the Lake
Pontchartrain and Vicinity project; $350,000,000 used for the West Bank
and Vicinity project and $450,000,000 used for elements of the
Southeast Louisiana Urban Drainage project that are within the
geographic perimeter of the West Bank and Vicinity and Lake
Pontchartrain and Vicinity projects: Provided further, That the
expenditure of funds as provided above may be made without regard to
individual amounts or purposes and any reallocation of funds that is
necessary to accomplish the established goals is authorized subject to
the approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Assistant
Secretary of the Army for Civil Works shall provide a monthly report to
the Committees on Appropriations detailing the allocation and
obligation of these funds, beginning not later than 60 days after
enactment of this Act.

mississippi river and tributaries

For an additional amount for ``Mississippi River and Tributaries''
for recovery from natural disasters, $82,400,000, to remain available
until expended, to dredge eligible projects in response to and repair
damages to Federal projects caused by recent natural disasters:
Provided, That $35,000,000 shall be used to reimburse projects where
funding was transferred to the Flood Control and Coastal Emergencies
account under the provisions of section 5 of the Act of August 18, 1941
(33 U.S.C. 701n): Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds, beginning not
later than 60 days after enactment of this Act.

operation and maintenance

For an additional amount for ``Operation and Maintenance'' to
dredge navigation channels and repair other Corps projects related to
natural disasters, $740,000,000, to remain available until expended:
Provided, That the Assistant Secretary of the Army for Civil Works
shall provide a monthly report to the Committees on Appropriations of
the House of Representatives and the Senate detailing the allocation
and obligation of these funds, beginning not later than 60 days after
enactment of this Act.

flood control and coastal emergencies

For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to the consequences
of recent hurricanes and other natural disasters as authorized by law,
$415,600,000, to remain available until expended to support emergency
operations, repair eligible projects nationwide, and for other
activities in response to natural disasters: Provided, That the
Assistant Secretary of the Army for Civil Works shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after enactment of
this Act.

CHAPTER 4--FINANCIAL SERVICES AND GENERAL GOVERNMENT

INDEPENDENT AGENCIES

General Services Administration

real property activities

federal buildings fund

construction and acquisition

For an additional amount to be deposited in the Federal Buildings
Fund, $182,000,000, exclusive of permitted escalation, is authorized
and available for the Administrator to proceed with necessary site
acquisition, design, and construction for the new courthouse project in
Cedar Rapids, Iowa: Provided, That the foregoing limits of costs on new
construction projects may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 percent of the
amounts provided unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided further,
That all funds for direct construction projects shall expire on
September 30, 2009 and remain in the Federal Buildings Fund except for
funds for projects to which funds for design or other funds have been
obligated in whole or in part prior to such date.

Small Business Administration

salaries and expenses

For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2009, for grants
under section 21 of the Small Business Act (15 U.S.C. 648) to small
business development centers to provide technical assistance to small
business concerns affected by recent hurricanes, flooding, and other
natural disasters in calendar year 2008: Provided, That the
Administrator of the Small Business Administration shall waive the
matching requirement under section 21(a)(4)(A) of such Act for any
grant made using funds made available under this heading.

office of inspector general

For an additional amount for ``Office of Inspector General'' for
necessary expenses related to the consequences of recent hurricanes and
other natural disasters in calendar year 2008, $3,000,000, to remain
available until expended.

disaster loans program account

For an additional amount for the ``Disaster Loans Program Account''
for the cost of direct loans authorized by section 7(b) of the Small
Business Act, for necessary expenses related to recent hurricanes and
other natural disasters, $498,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program authorized by section 7(b) in response to recent
hurricanes and other natural disasters, including onsite assistance to
disaster victims, increased staff at call centers, processing centers,
and field inspections teams, and attorneys to assist in loan closings,
$288,000,000 to remain available until expended; of which $279,000,000
is for direct administrative expenses of loan making and servicing to
carry out the direct loan program, which may be paid to appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses, which may be paid to appropriations for
Salaries and Expenses.

CHAPTER 5--HOMELAND SECURITY

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

acquisition, construction, and improvements

(including transfer of funds)

For an additional amount for ``Acquisition, Construction, and
Improvements'' for necessary expenses related to the consequences of
2008 natural disasters and flooding, $300,000,000, to remain available
until expended: Provided, That notwithstanding the transfer limitation
contained in section 503 of division E of Public Law 110-161, such
funding may be transferred to other Coast Guard appropriations after
notification as required in accordance with such section: Provided
further, That a plan listing all facilities to be reconstructed and
restored, with associated costs, shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives.

Federal Emergency Management Agency

disaster relief

(including transfers of funds)

For an additional amount for ``Disaster Relief'', $7,960,000,000,
to remain available until expended: Provided, That of the amount
provided, up to $98,150,000 may be transferred to the ``Disaster
Assistance Direct Loan Program Account'' for the cost of direct loans
as authorized under section 417 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5184), of which up to
$4,200,000 is for administrative expenses to carry out the direct loan
program: Provided further, That such transfer may be made to subsidize
gross obligations for the principal amount of direct loans not to
exceed $100,000,000 under section 417 of such Act: Provided further,
That the cost of modifying such loans shall be as defined in section
502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided
further, That of the amount provided, up to $8,000,000 shall be
transferred to the ``Department of Homeland Security Office of
Inspector General'' for audits and investigations related to disasters.

GENERAL PROVISIONS, THIS CHAPTER

(including rescission of funds)

Sec. 10501.  (a) Rescission.--Of amounts previously made available
from ``Federal Emergency Management Agency--Disaster Relief'' to the
State of Mississippi pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5170c)
for Hurricane Katrina, an additional $20,000,000 is rescinded.
(b) Appropriation.--For ``Federal Emergency Management Agency--
State and Local Programs'', there is appropriated an additional
$20,000,000, to remain available until expended, for a grant to the
State of Mississippi for an interoperable communications system
required in the aftermath of Hurricane Katrina.
Sec. 10502.  There is hereby appropriated to the Secretary of the
Department of Homeland Security not to exceed $100,000,000, to remain
available until September 30, 2009, for payments to the American Red
Cross for reimbursement of disaster relief and recovery expenditures
and emergency services provided in the United States associated with
hurricanes, floods, and other natural disasters occurring in 2008 for
which the President declared a major disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1974, and only to the extent funds are not made available for those
activities by other Federal sources: Provided, That these funds may be
administered by any authorized federal government agency to meet the
purposes of this provision and that total administrative costs shall
not exceed 3 percent of the total appropriation: Provided further, That
the Comptroller General shall audit the use of these funds by the
American Red Cross.
Sec. 10503.  Until such time as preliminary flood insurance rate
maps initiated prior to October 1, 2008 are completed and released for
public review, preliminary base flood elevations are published in the
Federal Register, and the second required local newspaper publication
of such base flood elevations is made for the City of St. Louis, St.
Charles and St. Louis counties in Missouri, and Madison, Monroe, and
St. Clair counties in Illinois, the Administration shall not begin the
statutory appeals process in such areas required under section 1363 of
the National Flood Insurance Act of 1968.

CHAPTER 6--INTERIOR AND ENVIRONMENT

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

wildland fire management

(including transfers of funds)

For an additional amount for ``Wildland Fire Management'',
$135,000,000, to remain available until expended, of which (1)
$110,000,000 is for urgent wildland fire suppression activities,
including repayments to other accounts from which funds were
transferred in fiscal year 2008 for wildfire suppression so that all
such transfers for fiscal year 2008 are fully repaid; and (2)
$25,000,000 is for burned area rehabilitation.

United States Fish and Wildlife Service

construction

For an additional amount for ``Construction'', $75,000,000, to
remain available until expended, for necessary expenses related to the
consequences of hurricanes and natural disasters.

DEPARTMENT OF AGRICULTURE

Forest Service

capital improvement and maintenance

(including transfers of funds)

For an additional amount for ``Capital Improvement and
Maintenance'', $30,000,000, to remain available until expended, for
necessary expenses, including cleanup, related to the consequences of
hurricanes, floods and other natural disasters.

wildland fire management

(including transfers of funds)

For an additional amount for ``Wildland Fire Management'',
$775,000,000, to remain available until expended, of which (1)
$500,000,000 shall be available for emergency wildfire suppression and
related activities, of which no less than $300,000,000 shall be
transferred to Forest Service accounts within 15 days of enactment of
this Act so that all such transfers for wildfire suppression in fiscal
year 2008 are fully repaid, including $30,000,000 reallocated between
programs in the Wildland Fire Management Account; and of which
$100,000,000 shall be transferred within 15 days of enactment of this
Act to the fund established by section 3 of Public Law 71-319 (16
U.S.C. 576 et seq.) to repay transfers made for previous emergency
wildfire suppression activities; (2) $175,000,000 shall be available
for hazardous fuels reduction and hazard mitigation activities in areas
at high risk of catastrophic wildfire due to population density and
fuel loads, of which $125,000,000 is available for work on State and
private lands using all the authorities available to the Forest
Service; (3) $75,000,000 is for rehabilitation and restoration of
Federal lands and may be transferred to other Forest Service accounts
as necessary; and (4) $25,000,000 is for preparedness for retention
initiatives in areas at high risk of catastrophic wildfire that face
recurrent staffing shortages.

CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

social services block grant

For an additional amount for ``Social Services Block Grant'',
$600,000,000, which shall remain available through September 30, 2009,
for necessary expenses resulting from hurricanes, floods, and other
natural disasters occurring during 2008 for which the President
declared a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974, and from
Hurricanes Katrina and Rita, notwithstanding section 2003 and
paragraphs (1) and (4) of section 2005(a) of the Social Security Act:
Provided, That notwithstanding section 2002 of the Social Security Act,
the distribution of such amount shall be limited to States directly
affected by these events: Provided further, That the Secretary of
Health and Human Services shall distribute such amount to eligible
States based on demonstrated need in accordance with objective criteria
that are made available to the public: Provided further, That in
addition to other uses permitted by title XX of the Social Security
Act, funds appropriated under this heading may be used for health
services (including mental health services), and for repair,
renovation, and construction of health care facilities (including
mental health facilities), child care centers, and other social
services facilities.

DEPARTMENT OF EDUCATION

School Improvement Programs

For an additional amount for ``School Improvement Programs'' for
education for homeless children and youths (as defined in section 725
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)),
$15,000,000, to remain available through September 30, 2009: Provided,
That such funds shall be made available, based on demonstrated need,
only to local educational agencies whose enrollment of homeless
students has increased as a result of hurricanes, floods, and other
natural disasters occurring during 2008 for which the President
declared a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974: Provided further,
That such funds shall be used for the activities described in section
723(d) of such Act (42 U.S.C. 11433(d)) and services provided using
such funds shall comply with paragraphs (2) and (3) of section 723(a)
of such Act (42 U.S.C. 11433(a)): Provided further, That the local
educational agency requirements described in paragraphs (3) through (7)
of section 722(g) of such Act (42 U.S.C. 11432(g)) shall apply:
Provided further, That the Secretary of Education shall distribute
these funds to such local educational agencies not later than 120 days
after the date of the enactment of this Act.

Higher Education Disaster Relief

For an additional amount under part B of title VII of the Higher
Education Act of 1965 (``HEA'') for institutions of higher education
(as defined in section 101 or section 102(c) of that Act) that are
located in an area affected by hurricanes, floods, and other natural
disasters occurring during 2008 for which the President declared a
major disaster under title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act of 1974, $15,000,000, to remain available
through September 30, 2009: Provided, That such funds shall be
available to the Secretary of Education only for payments to help
defray the expenses (which may include lost revenue, reimbursement for
expenses already incurred, and construction) incurred by such
institutions of higher education that were forced to close, relocate,
or whose operations were impaired as a result of damage directly caused
by such hurricanes, floods, and other natural disasters occurring
during 2008, and for payments to enable such institutions to provide
grants to students who attend such institutions for academic years
beginning on or after July 1, 2008: Provided further, That such
payments shall be made in accordance with criteria established by the
Secretary and made publicly available without regard to section 437 of
the General Education Provisions Act, section 553 of title 5, United
States Code, or part B of title VII of the HEA: Provided further, That
the Secretary shall award funds available under this paragraph not
later than 60 days after the date of the enactment of this Act.

GENERAL PROVISIONS, THIS CHAPTER

Sec. 10701. (a) Extension of Waiver Authority.--Section 105 of
subtitle A of title IV of division B of Public Law 109-148 (119 Stat.
2797) is amended--
(1) in subsection (b)--
(A) in the first sentence, by striking ``for fiscal year
2007.'' and inserting ``for any of fiscal years 2007 through
2009.''; and
(B) by striking the second sentence; and
(2) in subsection (c)(2), by striking ``for fiscal year 2006 or
2007'' and inserting ``for any fiscal year''.
(b) Application of Waiver Authority to Areas Affected in 2008.--The
authority of the Secretary of Education under section 105 of subtitle A
of title IV of division B of Public Law 109-148 (119 Stat. 2797), as
amended by subsection (a), may be exercised with respect to an entity
in an area affected by hurricanes, floods, and other natural disasters
occurring during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974.
Sec. 10702. (a) Allocation and Use of Campus-Based Higher Education
Assistance.--
(1) Waiver of matching requirements.--Notwithstanding sections
413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 (20
U.S.C. 1070b-2(a)(2); 42 U.S.C. 2753(b)(5)), with respect to funds
made available for academic year 2009-2010 to an institution of
higher education located in an area affected by a 2008 natural
disaster, the Secretary shall waive the requirement that a
participating institution of higher education provide a non-Federal
share or a capital contribution, as the case may be, to match
Federal funds provided to the institution for the programs
authorized pursuant to subpart 3 of part A and part C of title IV
of such Act.
(2) Waiver of reallocation rules.--
(A) Authority to reallocate.--Notwithstanding sections
413D(d) and 442(d) of the Higher Education Act of 1965 (20
U.S.C. 1070b-3(d); 42 U.S.C. 2752(d)), the Secretary shall--
(i) reallocate any funds returned under any of those
sections that were allocated to institutions of higher
education for award year 2008-2009 to an institution of
higher education that is eligible under this paragraph; and
(ii) waive the allocation reduction for award year
2009-2010 for an institution returning more than 10 percent
of its allocation under any of those sections.
(B) Eligible institutions for reallocation.--An institution
of higher education may receive a reallocation of excess
allocations under this paragraph if the institution--
(i) participates in the program for which excess
allocations are being reallocated; and
(ii) is located in an area affected by a 2008 natural
disaster.
(C) Basis of reallocation.--The Secretary shall determine
the manner in which excess allocations shall be reallocated to
institutions under subparagraph (A), and shall give additional
consideration to the needs of institutions located in an area
affected by a 2008 natural disaster.
(D) Additional waiver authority.--Notwithstanding any other
provision of law, in order to carry out this paragraph, the
Secretary may waive or modify any statutory or regulatory
provision relating to the reallocation of excess allocations
under subpart 3 of part A or part C of title IV of the Higher
Education Act of 1965 in order to ensure that assistance is
received by institutions described in subsection (a)(2)(B).
(b) Definitions.--In this section:
(1) 2008 natural disaster.--The term ``2008 natural disaster''
means a major disaster that the President declared to exist, in
accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) that was
caused by hurricanes, floods, and other natural disasters during
calendar year 2008.
(2) Area affected by a 2008 natural disaster.--The term ``area
affected by a 2008 natural disaster'' means a county or parish that
has been designated by the Federal Emergency Management Agency for
disaster assistance for individuals and households as a result of a
2008 natural disaster.
(3) Institution of higher education.--The term ``institution of
higher education'' has the meaning given that term in section 102
of the Higher Education Act of 1965 (20 U.S.C. 1002).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Education.

CHAPTER 8--MILITARY CONSTRUCTION

DEPARTMENT OF DEFENSE

Military Construction, Army National Guard

For an additional amount for ``Military Construction, Army National
Guard'', $25,000,000, to remain available until September 30, 2013, for
construction due to damages as a result of natural disasters: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
contruction projects not otherwise authorized by law: Provided further,
That within 30 days of enactment of this Act, the Army National Guard
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this heading.

CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

International Commissions

international boundary and water commission, united states and mexico

construction

For an additional amount for ``Construction'', for the water
quantity program to meet immediate and emergency repair and
rehabilitation requirements, $37,500,000, to remain available until
expended: Provided, That up to $3,000,000 may be transferred to, and
merged with, funds available under the heading ``International Boundary
and Water Commission--Salaries and Expenses'': Provided further, That
not later than 60 days after enactment of this Act, the Commission
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed spending plan for funds
appropriated under this heading.

CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

federal-aid highways

emergency relief program

For an additional amount for the Emergency Relief Program as
authorized under section 125 of title 23, United States Code,
$850,000,000, to remain available until expended: Provided, That
notwithstanding section 125(d)(1) of such title, the Secretary of
Transportation may obligate more than $100,000,000 for eligible
expenses in a State in a fiscal year to respond to damage caused by
Hurricanes Gustav and Ike.

Federal Railroad Administration

railroad rehabilitation and repair

For necessary expenses for the Secretary of Transportation to make
grants to repair and rehabilitate Class II and Class III railroad
infrastructure damaged by hurricanes, floods, and other natural
disasters in areas for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974, $20,000,000, to remain available until
expended, and to be awarded to States on a competitive case-by-case
basis based on need: Provided, That funds available under this heading
shall be available for repair and rehabilitation of railroad rights-of-
way, bridges, signals, and other infrastructure which is part of the
general railroad system of transportation and primarily used by
railroads to move freight traffic: Provided further, That the maximum
Federal share for carrying out a project under this heading shall be 80
percent of the project cost with the non-Federal share provided only in
cash, equipment or supplies: Provided further, That the Secretary may
retain up to one-half of 1 percent of the funds under this heading to
fund the oversight by the Administrator of the Federal Railroad
Administration of the design and implementation of projects funded by
grants made under this heading: Provided further, That the provisions
of section 24312 of title 49, United States Code, shall apply to
grantees assisted under this heading: Provided further, That grantees
must exhaust all other Federal and State resources prior to seeking
assistance under this heading.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Public and Indian Housing

tenant-based rental assistance

For an additional amount for ``Tenant-Based Rental Assistance'',
as authorized under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), not otherwise provided for, $85,000,000, to remain
available until expended, for incremental housing assistance, including
related administrative expenses, for persons assisted under the
Disaster Housing Assistance Program whose assistance would otherwise
end on March 1, 2009.

project-based rental assistance

For an additional amount to areas impacted by Hurricanes Katrina
and Rita for project-based vouchers under section 8(o)(13) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)),
$50,000,000, to remain available until expended.

public housing capital fund

For an additional amount to be made available to the Secretary of
Housing and Urban Development, $15,000,000, notwithstanding any other
provision of law, to be used solely for the redevelopment of public
housing impacted by Hurricanes Katrina and Rita.

Community Planning and Development

community development fund

For an additional amount for the ``Community Development Fund'',
for necessary expenses related to disaster relief, long-term recovery,
and restoration of infrastructure, housing, and economic revitalization
in areas affected by hurricanes, floods, and other natural disasters
occuring during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974, $6,500,000,000, to remain available until
expended, for activities authorized under title I of the Housing and
Community Development Act of 1974 (Public Law 93-383): Provided, That
funds provided under this heading shall be administered through an
entity or entities designated by the Governor of each State: Provided
further, That such funds may not be used for activities reimbursable
by, or for which funds are made available by, the Federal Emergency
Management Agency or the Army Corps of Engineers: Provided further,
That funds allocated under this heading shall not adversely affect the
amount of any formula assistance received by a State under the
Community Development Fund: Provided further, That each State may use
up to 5 percent of its allocation for administrative costs: Provided
further, That $6,500,000 shall be available for use by the Assistant
Secretary of Community Planning and Development for the administrative
costs, including information technology costs, with respect to amounts
made available under this section and under section 2301(a) of the
Housing and Economic Recovery Act of 2008. Provided further, That not
less than $650,000,000 from funds made available on a pro-rata basis
according to the allocation made to each State under this heading shall
be used for repair, rehabilitation, and reconstruction (including
demolition, site clearance and remediation) of the affordable rental
housing stock (including public and other HUD-assisted housing) in the
impacted areas where there is a demonstrated need as determined by the
Secretary: Provided further, That in administering the funds under this
heading, the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
or guarantees (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
request by a State explaining why such waiver is required to facilitate
the use of such funds or guarantees, if the Secretary finds that such
waiver would not be inconsistent with the overall purpose of title I of
the Housing and Community Development Act of 1974: Provided further,
That a waiver granted by the Secretary under the preceding proviso may
not reduce the percentage of funds which must be used for activities
that benefit persons of low and moderate income to less than 50
percent, unless the Secretary specifically finds that there is
compelling need to further reduce or eliminate the percentage
requirement: Provided further, That the Secretary shall publish in the
Federal Register any waiver of any statute or regulation that the
Secretary administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than 5 days before the effective date
of such waiver: Provided further, That every waiver made by the
Secretary must be reconsidered according to the three previous provisos
on the 2-year anniversary of the day the Secretary published the waiver
in the Federal Register: Provided further, That the Secretary shall
allocate to the states not less than 33 percent of the funding provided
under this heading within 60 days after the enactment of this Act based
on the best estimates available of relative damage and anticipated
assistance from other Federal sources: Provided further, That prior to
the obligation of funds each State shall submit a plan to the Secretary
detailing the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure: Provided further, That each
State will report quarterly to the Committees on Appropriations on all
awards and uses of funds made available under this heading, including
specifically identifying all awards of sole-source contracts and the
rationale for making the award on a sole-source basis: Provided
further, That the Secretary shall notify the Committees on
Appropriations of any proposed allocation of any funds and any related
waivers made pursuant to the provisions under this heading no later
than 5 days before such allocation or waiver is made: Provided further,
That the Secretary shall establish procedures to prevent recipients
from receiving any duplication of benefits and report quarterly to the
Committees on Appropriations with regard to all steps taken to prevent
fraud and abuse of funds made available under this heading including
duplication of benefits: Provided further, That none of the funds
provided under this heading may be used by a State or locality as a
matching requirement, share, or contribution for any other Federal
program.

GENERAL PROVISIONS, THIS CHAPTER

Sec. 11001.  Section 7025 of Public Law 109-234 is amended by
inserting ``and nine months'' after ``two years''.
Sec. 11002.  The Secretary of Housing and Urban Development
(``Secretary'') is authorized to transfer, at the request of the
project owner, any project-based assistance contract in its entirety
entered into pursuant to section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) (and any use restriction on the project) from
one project to another project. The Secretary shall make a
determination of approval or disapproval within 60 days of receipt of
the proper documentation required for such transfer, as determined by
the Secretary, if--
(1) the project from which the contract is transferred is
destroyed, damaged by Hurricanes Katrina or Rita, or is considered
beyond repair, physically obsolete, or economically infeasible; and
(2) the number of individuals that can be served in the project
to which the contract is transferred is approximately at least
equal to the number of individuals that could be served in the
project from which the contract is transferred, and any difference
in the unit count and bedroom configuration between the two
projects shall be immaterial to the Secretary's authority to
transfer the contract.
Sec. 11003.  Section 901 of Public Law 109-148 is amended by
deleting ``calendar years 2006 and 2007'' and inserting ``calendar
years 2006, 2007, 2008, and 2009''.

TITLE II--OTHER SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1--STATE AND FOREIGN OPERATIONS

DEPARTMENT OF STATE

Office of Inspector General

(including transfer of funds)

For an additional amount for ``Office of Inspector General'',
$9,000,000, which shall be transferred to the Special Inspector General
for Afghanistan Reconstruction for reconstruction oversight, to remain
available until September 30, 2010.

BILATERAL ECONOMIC ASSISTANCE

Other Bilateral Economic Assistance

economic support fund

(including transfer of funds)

For an additional amount for ``Economic Support Fund'',
$465,000,000, to remain available until September 30, 2010, of which up
to $5,000,000 may be made available for administrative expenses of the
United States Agency for International Development, in addition to
amounts otherwise made available for such purposes: Provided, That of
the funds appropriated under this heading, $365,000,000 shall be made
available for assistance for Georgia and the region for humanitarian
and economic relief, reconstruction, energy-related programs and
democracy activities, and may be transferred to, and merged with, funds
appropriated under the headings ``Assistance for the Independent States
of the Former Soviet Union'' and ``International Disaster Assistance'',
of which up to $8,000,000 may be transferred to, and merged with, funds
made available for ``International Broadcasting Operations'' for
broadcasting activities to Georgia, Russia and the region: Provided
further, That none of the funds made available in prior Acts making
appropriations for foreign operations, export financing, and related
programs under the headings ``Assistance for the Independent States of
the Former Soviet Union'' and ``Assistance for Eastern Europe and the
Baltic States'', or funds appropriated for Iraq for the Community
Stabilization Program under the heading ``Economic Support Fund'' in
Public Law 110-252, may be reprogrammed for assistance for Georgia:
Provided further, That of the funds appropriated under this heading,
not less than $100,000,000 shall be made available for hurricane relief
and reconstruction assistance for Haiti and other Caribbean countries:
Provided further, That funds appropriated under this heading shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.

CHAPTER 2--AGRICULTURE

bill emerson humanitarian trust

Sec. 20201.  There is hereby appropriated to the Secretary of
Agriculture $100,000,000, to remain available until expended, to carry
out the Bill Emerson Humanitarian Trust, as authorized by the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1).

TITLE III--GENERAL PROVISIONS

short title

Sec. 30001.  This division may be cited as the ``Disaster Relief
and Recovery Supplemental Appropriations Act, 2008''.

emergency designation

Sec. 30002.  Each amount in this Act is designated as an emergency
requirement and necessary to meet emergency needs pursuant to section
204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S.
Con. Res. 70 (110th Congress), the concurrent resolutions on the budget
for fiscal years 2008 and 2009.

coordination of provisions

Sec. 30003.  Unless otherwise expressly provided, each amount in
this Act is a supplemental appropriation for fiscal year 2008 or, if
enacted after September 30, 2008, for fiscal year 2009.

DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009

That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2009, for military functions administered by the
Department of Defense and for other purposes, namely:

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $36,382,736,000.

Military Personnel, Navy

For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $24,037,553,000.

Military Personnel, Marine Corps

For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $11,792,974,000.

Military Personnel, Air Force

For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $25,103,789,000.

Reserve Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $3,904,296,000.

Reserve Personnel, Navy

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,855,968,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$584,910,000.

Reserve Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,423,676,000.

National Guard Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$6,616,220,000.

National Guard Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,741,768,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $11,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $31,207,243,000: Provided, That of
the funds made available under this heading, $2,500,000 shall be
available for Fort Baker, in accordance with terms and conditions as
provided under the heading ``Operation and Maintenance, Army'', in
Public Law 107-117.

Operation and Maintenance, Navy

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,657,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$34,410,773,000.

Operation and Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,519,232,000.

Operation and Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $34,865,964,000.

Operation and Maintenance, Defense-Wide

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$25,939,466,000: Provided, That not more than $50,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $29,900,000 shall be made
available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That,
notwithstanding section 130(a) of title 10, United States Code, not
less than $46,970,000 shall be available for the Office of the
Undersecretary of Defense, Comptroller and Chief Financial Officer:
Provided further, That $4,000,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary to
operation and maintenance appropriations or research, development, test
and evaluation appropriations, to be merged with and to be available
for the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.

Operation and Maintenance, Army Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,628,896,000.

Operation and Maintenance, Navy Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,308,141,000.

Operation and Maintenance, Marine Corps Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $212,487,000.

Operation and Maintenance, Air Force Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,018,151,000.

Operation and Maintenance, Army National Guard

For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $5,858,303,000.

Operation and Maintenance, Air National Guard

For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $5,901,044,000.

United States Court of Appeals for the Armed Forces

For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,254,000, of which not to exceed
$5,000 may be used for official representation purposes.

Environmental Restoration, Army

(including transfer of funds)

For the Department of the Army, $457,776,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.

Environmental Restoration, Navy

(including transfer of funds)

For the Department of the Navy, $290,819,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.

Environmental Restoration, Air Force

(including transfer of funds)

For the Department of the Air Force, $496,277,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.

Environmental Restoration, Defense-Wide

(including transfer of funds)

For the Department of Defense, $13,175,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

For the Department of the Army, $291,296,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.

Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $83,273,000, to remain available until
September 30, 2010.

Cooperative Threat Reduction Account

For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $434,135,000, to remain available until September 30, 2011:
Provided, That of the amounts provided under this heading, $12,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.

TITLE III

PROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $4,900,835,000, to remain available for obligation until
September 30, 2011.

Missile Procurement, Army

For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,185,060,000, to remain available for obligation until
September 30, 2011.

Procurement of Weapons and Tracked Combat Vehicles, Army

For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$3,169,128,000, to remain available for obligation until September 30,
2011.

Procurement of Ammunition, Army

For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $2,287,398,000, to remain available for
obligation until September 30, 2011.

Other Procurement, Army

For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only; and the
purchase of 3 vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $262,000 per vehicle; communications and electronic
equipment; other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $10,684,014,000, to
remain available for obligation until September 30, 2011.

Aircraft Procurement, Navy

For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $14,141,318,000, to remain available for obligation
until September 30, 2011.

Weapons Procurement, Navy

For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,292,972,000, to remain available
for obligation until September 30, 2011.

Procurement of Ammunition, Navy and Marine Corps

For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,085,158,000, to remain available for
obligation until September 30, 2011.

Shipbuilding and Conversion, Navy

For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $2,692,607,000;
Carrier Replacement Program (AP), $1,214,188,000;
NSSN, $2,107,040,000;
NSSN (AP), $1,395,548,000;
CVN Refueling, $593,534,000;
CVN Refuelings (AP), $21,389,000;
SSBN Submarine Refuelings, $221,823,000;
SSBN Submarine Refuelings (AP), $39,363,000;
DDG-1000 Program, $1,508,803,000;
DDG-51 Destroyer (AP), $200,000,000;
Littoral Combat Ship, $1,020,000,000;
LPD-17, $933,216,000;
LHA-R (AP), $178,300,000;
Intratheater Connector, $174,782,000;
LCAC Service Life Extension Program, $110,918,000;
Prior year shipbuilding costs, $165,152,000;
Service Craft, $48,117,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $429,587,000.
In all: $13,054,367,000, to remain available for obligation until
September 30, 2013: Provided, That additional obligations may be
incurred after September 30, 2013, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.

Other Procurement, Navy

For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only, and the purchase of seven vehicles required for physical security
of personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $262,000 per vehicle; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $5,250,627,000, to remain available for obligation
until September 30, 2011.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,376,917,000, to remain available for obligation
until September 30, 2011.

Aircraft Procurement, Air Force

For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $13,112,617,000, to remain available for
obligation until September 30, 2011.

Missile Procurement, Air Force

For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$5,442,428,000, to remain available for obligation until September 30,
2011.

Procurement of Ammunition, Air Force

For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $859,466,000, to remain available for
obligation until September 30, 2011.

Other Procurement, Air Force

For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only, and the purchase of two vehicles
required for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to exceed $262,000
per vehicle; lease of passenger motor vehicles; and expansion of public
and private plants, Government-owned equipment and installation thereof
in such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $16,052,569,000, to remain available for obligation until
September 30, 2011.

Procurement, Defense-Wide

For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $3,306,269,000, to remain available for obligation until
September 30, 2011.

National Guard and Reserve Equipment

For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $750,000,000, to remain available for
obligation until September 30, 2011, of which $480,000,000 shall be
available only for the Army National Guard: Provided, That the Chiefs
of the Reserve and National Guard components shall, not later than 30
days after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.

Defense Production Act Purchases

For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $100,565,000, to remain available
until expended.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$12,060,111,000, to remain available for obligation until September 30,
2010.

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$19,764,276,000, to remain available for obligation until September 30,
2010: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.

Research, Development, Test and Evaluation, Air Force

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$27,084,340,000, to remain available for obligation until September 30,
2010.

Research, Development, Test and Evaluation, Defense-Wide

For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $21,423,338,000, to remain
available for obligation until September 30, 2010: Provided, That of
the amount available under this heading for the Prompt Global Strike
Capability Development program, not less than one-fourth shall be
available for the Army Advanced Hypersonic Weapon initiative.

Operational Test and Evaluation, Defense

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $188,772,000, to remain available for obligation
until September 30, 2010.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,489,234,000.

National Defense Sealift Fund

For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $1,666,572,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components (that
is; engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

(including transfer of funds)

For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$25,825,832,000, of which $1,300,000,000 shall be derived by transfer
from the National Defense Stockpile Transaction Fund; of which
$24,611,369,000 shall be for operation and maintenance, of which not to
exceed one percent shall remain available until September 30, 2010, and
of which up to $13,217,751,000 may be available for contracts entered
into under the TRICARE program; of which $311,905,000, to remain
available for obligation until September 30, 2011, shall be for
procurement; and of which $902,558,000, to remain available for
obligation until September 30, 2010, shall be for research,
development, test and evaluation: Provided, That, notwithstanding any
other provision of law, of the amount made available under this heading
for research, development, test and evaluation, not less than
$8,000,000 shall be available for HIV prevention educational activities
undertaken in connection with U.S. military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations.

Chemical Agents and Munitions Destruction, Defense

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions, to include construction of facilities, in accordance
with the provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of
other chemical warfare materials that are not in the chemical weapon
stockpile, $1,505,634,000, of which $1,152,668,000 shall be for
operation and maintenance, of which no less than $103,198,000, shall be
for the Chemical Stockpile Emergency Preparedness Program, consisting
of $33,411,000 for activities on military installations and
$69,787,000, to remain available until September 30, 2010, to assist
State and local governments; $64,085,000 shall be for procurement, to
remain available until September 30, 2011, of which no less than
$26,428,000 shall be for the Chemical Stockpile Emergency Preparedness
Program to assist State and local governments; and $288,881,000, to
remain available until September 30, 2010, shall be for research,
development, test and evaluation, of which $283,219,000 shall only be
for the Assembled Chemical Weapons Alternatives (ACWA) program.

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,096,743,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.

Office of the Inspector General

For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $271,845,000, of which $270,445,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,400,000, to remain available until September
30, 2011, shall be for procurement.

TITLE VII

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $279,200,000.

Intelligence Community Management Account

(including transfer of funds)

For necessary expenses of the Intelligence Community Management
Account, $710,042,000: Provided, That of the funds appropriated under
this heading, $44,000,000 shall be transferred to the Department of
Justice, of which $2,000,000 shall be for reimbursement of Air Force
personnel for the National Drug Intelligence Center to support the
Department of Defense's counter-drug intelligence responsibilities:
Provided further, That the National Drug Intelligence Center shall
maintain the personnel and technical resources to provide timely
support to law enforcement authorities and the intelligence community
by conducting document and computer exploitation of materials collected
in Federal, State, and local law enforcement activity associated with
counter-drug, counter-terrorism, and national security investigations
and operations.

TITLE VIII

GENERAL PROVISIONS

Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.

(transfer of funds)

Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$4,100,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section must be made prior to June 30,
2009: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section: Provided further, That no obligation of funds may be made
pursuant to section 1206 of Public Law 109-163 (or any successor
provision) unless the Secretary of Defense has notified the
congressional defense committees prior to any such obligation.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2009: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
budget activity and program, project, and activity as detailed in
the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.
Sec. 8008. The Secretaries of the Air Force and the Army are
authorized, using funds available under the headings ``Operation and
Maintenance, Air Force'' and ``Operation and Maintenance, Army'', to
complete facility conversions and phased repair projects which may
include upgrades and additions to Alaskan range infrastructure and
training areas, and improved access to these ranges.

(transfer of funds)

Sec. 8009. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working capital fund to
procure or increase the value of war reserve material inventory, unless
the Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8010. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8011. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the
contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested in
that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full funding
of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor under
the contract shall not be made in advance of incurred costs on
funded units; and
(4) the contract does not provide for a price adjustment based
on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
SSN Virginia class submarine.
Sec. 8012. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8013. (a) During fiscal year 2009, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2010 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2010 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2010.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8014. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8015. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only to
active components of the Army.
Sec. 8016. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by more than 10 Department of
Defense civilian employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the
lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal
that would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with that
Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.

(transfer of funds)

Sec. 8017. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8018. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section manufactured will include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.
Sec. 8019. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.
Sec. 8020. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8021. In addition to the funds provided elsewhere in this Act,
$15,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 430 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8023. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24
months after initiation of such study with respect to a single function
activity or 30 months after initiation of such study for a multi-
function activity.
Sec. 8024. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $34,929,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $26,605,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities, and
drug demand reduction activities involving youth programs;
(2) $7,435,000 shall be available from ``Aircraft Procurement,
Air Force''; and
(3) $889,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously in this
subsection shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2009 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2009, not more than
5,600 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,100 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2010 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$84,000,000.
Sec. 8027. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8028. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8030. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2009. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
Sec. 8031. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8032. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of North
Dakota, South Dakota, Montana, and Minnesota relocatable military
housing units located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of North Dakota, South Dakota, Montana, and Minnesota.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8033. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance
may be used to purchase items having an investment item unit cost of
not more than $250,000.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2010 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2010 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2010 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2010: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2010.
Sec. 8036. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8037. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8038. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934,
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
Sec. 8039. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique
and significant industrial accomplishment by a specific concern, or
to insure that a new product or idea of a specific concern is given
financial support: Provided, That this limitation shall not apply
to contracts in an amount of less than $25,000, contracts related
to improvements of equipment that is in development or production,
or contracts as to which a civilian official of the Department of
Defense, who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national defense.
Sec. 8040. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats.
Sec. 8041. The Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic Adjustment of
the Department of Defense, may use funds made available in this Act
under the heading ``Operation and Maintenance, Defense-Wide'' to make
grants and supplement other Federal funds in accordance with the
guidance provided in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).

(rescissions)

Sec. 8042. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Aircraft Procurement, Army'', 2008/2010, $174,600,000;
``Procurement of Ammunition, Army'', 2008/2010, $69,200,000;
``Shipbuilding and Conversion, Navy'', 2008/2012, $337,000,000;
``Research, Development, Test and Evaluation, Army'', 2008/
2009, $49,800,000;
``Research, Development, Test and Evaluation, Air Force'',
2008/2009, $300,073,000;
``Research, Development, Test and Evaluation, Defense-Wide'',
2008/2009, $150,000,000; and
``Tanker Replacement Transfer Fund'', $239,800,000.
Sec. 8043. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8044. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8046. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-
based budgeting.
Sec. 8047. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8048. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8049. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8050. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8051. (a) Notwithstanding any other provision of law, none of
the funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of the
United Nations Charter under the authority of a United Nations
Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or
humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following--
(1) A description of the equipment, supplies, or services to be
transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8052. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.

(including transfer of funds)

Sec. 8053. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account.
Sec. 8055. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8056. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private,
regional or municipal services, if provisions are included for the
consideration of United States coal as an energy source.
Sec. 8057. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8058. Notwithstanding any other provision of law, funds
available to the Department of Defense in this Act, and hereafter,
shall be made available to provide transportation of medical supplies
and equipment, on a nonreimbursable basis, to American Samoa, and funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to the Indian Health Service when it is in
conjunction with a civil-military project.
Sec. 8059. None of the funds made available in this Act may be used
to approve or license the sale of the F-22A advanced tactical fighter
to any foreign government.
Sec. 8060. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8061. (a) None of the funds made available by this Act may be
used to support any training program involving a unit of the security
forces of a foreign country if the Secretary of Defense has received
credible information from the Department of State that the unit has
committed a gross violation of human rights, unless all necessary
corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary
of State, may waive the prohibition in subsection (a) if he determines
that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit a report to the
congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8062. None of the funds appropriated or made available in this
Act to the Department of the Navy shall be used to develop, lease or
procure the T-AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire
capability for national security purposes or there exists a significant
cost or quality difference.
Sec. 8063. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8064. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 30 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8065. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8066. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8067. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8068. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary-tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8069. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8070. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and wine with nonappropriated
funds for resale (including such alcoholic beverages sold by the drink)
on a military installation located in the United States unless such
malt beverages and wine are procured within that State, or in the case
of the District of Columbia, within the District of Columbia, in which
the military installation is located: Provided, That in a case in which
the military installation is located in more than one State, purchases
may be made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages
and wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another State:
Provided further, That alcoholic beverages other than wine and malt
beverages, in contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other factors
considered.
Sec. 8071. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground
control segments of such system's modernization program.

(including transfer of funds)

Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $47,700,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered into
under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8073. Section 8106 of the Department of Defense Appropriations
Act, 1997 (titles I through VIII of the matter under subsection 101(b)
of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall
continue in effect to apply to disbursements that are made by the
Department of Defense in fiscal year 2009.
Sec. 8074. In addition to amounts provided elsewhere in this Act,
$8,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, these funds shall be
available only for a grant to the Fisher House Foundation, Inc., only
for the construction and furnishing of additional Fisher Houses to meet
the needs of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
Sec. 8075. (a) During the current fiscal year and hereafter, the
Secretary of Defense, in coordination with the Secretary of Health and
Human Services, may carry out a program to distribute surplus dental
and medical equipment of the Department of Defense, at no cost to the
Department of Defense, to Indian Health Service facilities and to
federally-qualified health centers (within the meaning of section
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of Defense shall
give the Indian Health Service a property disposal priority equal to
the priority given to the Department of Defense and its twelve special
screening programs in distribution of surplus dental and medical
supplies and equipment.

(including transfer of funds)

Sec. 8076. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
$177,237,000 shall be for the Israeli Cooperative Programs: Provided,
That of this amount, $72,895,000 shall be for the Short Range Ballistic
Missile Defense (SRBMD) program, $30,000,000 shall be available for an
upper-tier component to the Israeli Missile Defense Architecture, and
$74,342,000 shall be for the Arrow Missile Defense Program, of which
$13,076,000 shall be for producing Arrow missile components in the
United States and Arrow missile components in Israel to meet Israel's
defense requirements, consistent with each nation's laws, regulations
and procedures: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.

(including transfer of funds)

Sec. 8077. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $165,152,000 shall be
available until September 30, 2009, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer such funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred:
To:
Under the heading ``Shipbuilding and Conversion, Navy, 2001/2009'':
Carrier Replacement Program, $20,516,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2002/2009'':
New SSN, $21,000,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2003/2009'':
LPD-17 Amphibious Transport Dock Program, $33,082,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2004/2009'':
New SSN, $60,000,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2007/2011'':
LHA Replacement Program, $14,310,000; and
Under the heading ``Shipbuilding and Conversion, Navy, 2008/2012'':
SSBN Submarine Refuelings, $16,244,000.
Sec. 8078. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command administrative and operational control of U.S.
Navy forces assigned to the Pacific fleet: Provided, That the command
and control relationships which existed on October 1, 2004, shall
remain in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8079. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code, for occupations listed
in section 7403(a)(2) of title 38, United States Code, as well as the
following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service Assistants,
Practical Nurses, Nursing Assistants, and Dental Hygienists:
(A) The requirements of section 7403(g)(1)(A) of title 38,
United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
Sec. 8080. Funds appropriated by this Act, or made available by the
transfer of funds in 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 the Intelligence Authorization Act for
Fiscal Year 2009.
Sec. 8081. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8082. (a) In addition to the amounts provided elsewhere in
this Act, $3,000,000 is hereby appropriated to the Department of
Defense for ``Operation and Maintenance, Army National Guard''. Such
amount shall be made available to the Secretary of the Army only to
make a grant in the amount of $3,000,000 to the entity specified in
subsection (b) to facilitate access by veterans to opportunities for
skilled employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a nonprofit
labor-management cooperation committee provided for by section
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C.
186(c)(9)), for the purposes set forth in section 6(b) of the Labor
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
Sec. 8083. In addition to funds made available elsewhere in this
Act, $5,500,000 is hereby appropriated and shall remain available until
expended to provide assistance, by grant or otherwise (such as, but not
limited to, the provision of funds for repairs, maintenance,
construction, and/or for the purchase of information technology, text
books, teaching resources), to public schools that have unusually high
concentrations of special needs military dependents enrolled: Provided,
That in selecting school systems to receive such assistance, special
consideration shall be given to school systems in States that are
considered overseas assignments, and all schools within these school
systems shall be eligible for assistance: Provided further, That up to
2 percent of the total appropriated funds under this section shall be
available to support the administration and execution of the funds or
program and/or events that promote the purpose of this appropriation
(e.g. payment of travel and per diem of school teachers attending
conferences or a meeting that promotes the purpose of this
appropriation and/or consultant fees for on-site training of teachers,
staff, or Joint Venture Education Forum (JVEF) Committee members):
Provided further, That up to $300,000 shall be available to examine
human capital, family and quality of life issues relating to military
presence in Hawaii: Provided further, That up to $2,000,000 shall be
available for the Department of Defense to establish a nonprofit trust
fund to assist in the public-private funding of public school repair
and maintenance projects, or provide directly to nonprofit
organizations who in return will use these monies to provide assistance
in the form of repair, maintenance, or renovation to public school
systems that have high concentrations of special needs military
dependents and are located in States that are considered overseas
assignments: Provided further, That to the extent a Federal agency
provides this assistance, by contract, grant, or otherwise, it may
accept and expend non-Federal funds in combination with these Federal
funds to provide assistance for the authorized purpose, if the non-
Federal entity requests such assistance and the non-Federal funds are
provided on a reimbursable basis.
Sec. 8084. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $112,400,000 is hereby
appropriated to the Department of Defense: Provided, That the Secretary
of Defense shall make grants in the amounts specified as follows:
$20,000,000 to the United Service Organizations; $30,000,000 to the Red
Cross; $15,000,000 for the Waterbury Industrial Commons Redevelopment
Project; $4,750,000 for the SOAR Virtual School District; $1,750,000 to
The Presidio Trust; $5,000,000 to the STEM Education Research Center;
$10,000,000 to the Intrepid Museum Foundation; $4,000,000 to the Go For
Broke National Education Center; $9,900,000 to the U.S.S. Missouri
Memorial Association; $4,000,000 to the Nimitz Center; $3,000,000 to
Special Olympics International; and $5,000,000 to the Paralympics
Military Program.
Sec. 8085. The Department of Defense and the Department of the Army
shall make future budgetary and programming plans to fully finance the
Non-Line of Sight Future Force cannon (NLOS-C) and a compatible large
caliber ammunition resupply capability for this system supported by the
Future Combat Systems (FCS) Brigade Combat Team (BCT) in order to field
this system in fiscal year 2010: Provided, That the Army shall develop
the NLOS-C independent of the broader FCS development timeline to
achieve fielding by fiscal year 2010. In addition, the Army will
deliver five pre-production NLOS-C systems by the end of calendar year
2008 and three pre-production NLOS-C systems by the end of calendar
year 2009. These systems shall be in addition to those systems
necessary for developmental and operational testing.
Sec. 8086. The budget of the President for fiscal year 2010
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided further, That
these documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management Regulation)
for all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8087. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8088. Up to $2,500,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
Missile Range Facility may be made available to contract for the
repair, maintenance, and operation of adjacent off-base water,
drainage, and flood control systems, electrical upgrade to support
additional missions critical to base operations, and support for a
range footprint expansion to further guard against encroachment.
Sec. 8089. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow the
53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8090. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8091. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.

(including transfer of funds)

Sec. 8092. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That the transfer
authority provided by this section is in addition to any other transfer
authority contained elsewhere in this Act.
Sec. 8093. For purposes of section 612 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8094. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
(c) None of the funds appropriated by this Act may be used to
institute an inter-Service common contract for acquisition of MQ-1 or
MQ-1C UAVs until 30 days after the Secretary of Defense certifies to
the congressional defense committees that a common contract would
achieve cost savings, be interoperable with, and not create undue
sustainment costs compared to the current fleet.
Sec. 8095. None of the funds appropriated by this Act, and
hereafter, available for the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) or TRICARE shall be available for the
reimbursement of any health care provider for inpatient mental health
service for care received when a patient is referred to a provider of
inpatient mental health care or residential treatment care by a medical
or health care professional having an economic interest in the facility
to which the patient is referred: Provided, That this limitation does
not apply in the case of inpatient mental health services provided
under the program for persons with disabilities under subsection (d) of
section 1079 of title 10, United States Code, provided as partial
hospital care, or provided pursuant to a waiver authorized by the
Secretary of Defense because of medical or psychological circumstances
of the patient that are confirmed by a health professional who is not a
Federal employee after a review, pursuant to rules prescribed by the
Secretary, which takes into account the appropriate level of care for
the patient, the intensity of services required by the patient, and the
availability of that care.
Sec. 8096. Of the funds provided in this Act, $10,000,000 shall be
available for the operations and development of training and technology
for the Joint Interagency Training and Education Center and the
affiliated Center for National Response at the Memorial Tunnel and for
providing homeland defense/security and traditional warfighting
training to the Department of Defense, other Federal agencies, and
State and local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8097. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8098. The authority to conduct a continuing cooperative
program in the proviso in title II of Public Law 102-368 under the
heading ``Research, Development, Test and Evaluation, Defense
Agencies'' (106 Stat. 1121) shall be extended through September 30,
2009 and hereafter, in cooperation with NELHA.
Sec. 8099. Up to $15,000,000 of the funds appropriated under the
heading, ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8100. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2010.
Sec. 8101. Notwithstanding any other provision of this Act, to
reflect savings from revised economic assumptions, the total amount
appropriated in title II of this Act is hereby reduced by $313,780,000,
the total amount appropriated in title III of this Act is hereby
reduced by $298,000,000, and the total amount appropriated in title IV
of this Act is hereby reduced by $218,000,000: Provided, That the
Secretary of Defense shall allocate this reduction proportionally to
each budget activity, activity group, subactivity group, and each
program, project, and activity, within each appropriation account.
Sec. 8102. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8103. Notwithstanding any other provision of law, that not
more than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8104. The Secretary of Defense shall create a major force
program category for space for the Future Years Defense Program of the
Department of Defense. The Secretary of Defense shall designate an
official in the Office of the Secretary of Defense to provide overall
supervision of the preparation and justification of program
recommendations and budget proposals to be included in such major force
program category.
Sec. 8105. During the current fiscal year and hereafter, none of
the funds appropriated or otherwise available to the Department of
Defense may be obligated or expended to provide award fees to any
defense contractor contrary to the provisions of section 814 of the
National Defense Authorization Act, Fiscal Year 2007 (Public Law 109-
364).
Sec. 8106. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of
Iraq.
Sec. 8107. Beginning with the fiscal year 2010 budget request, the
Director of National Intelligence shall include the budget exhibits
identified in paragraphs (1) and (2) as described in the Department of
Defense Financial Management Regulation with the congressional budget
justification books.
(1) For procurement programs requesting more than $20,000,000
in any fiscal year, the P-1, Procurement Program; P-5, Cost
Analysis; P-5a, Procurement History and Planning; P-21, Production
Schedule; and P-40 Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1, RDT&E
Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E Project
Cost Analysis; and R-4, RDT&E Program Schedule Profile.
Sec. 8108. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
Sec. 8109. Notwithstanding any other provision of law, none of the
funds made available in this Act may be used to pay negotiated indirect
cost rates on a contract, grant, or cooperative agreement (or similar
arrangement) entered into by the Department of Defense and an entity in
excess of 35 percent of the total cost of the contract, grant, or
agreement (or similar arrangement): Provided, That this limitation
shall apply only to contracts, grants, or cooperative agreements
entered into after the date of the enactment of this Act using funds
made available in this Act for basic research.
Sec. 8110. The Secretary of Defense shall maintain on the homepage
of the Internet website of the Department of Defense a direct link to
the Internet website of the Office of Inspector General of the
Department of Defense.
Sec. 8111. (a) Not later than 60 days after enactment of this Act,
the Office of the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2009: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8112. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8113. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8114. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Iraqi Freedom
and Operation Enduring Freedom on a monthly basis in the Cost of War
Execution Report as prescribed in the Department of Defense Financial
Management Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September
2005.
Sec. 8115. Horsham Joint Interagency Installation.--
(a) Establishment of Installation.--The Horsham Joint Interagency
Installation located in Horsham Township, Montgomery County,
Pennsylvania is hereby established. Pursuant to Section 3703 of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act (121 Stat. 145), at a time determined
by the Secretary of the Navy, or upon completion of the associated
Defense Base Closure and Realignment Commission recommendations, the
Secretary of the Navy shall, notwithstanding any other provision of
law, transfer to the Secretary of the Air Force, at no cost, all
designated lands, easements, Air Installation Compatible Use Zones, and
facilities at NASJRB Willow Grove. The airfield at the Horsham Joint
Interagency Installation shall be known as ``Pitcairn-Willow Grove
Field''.
(b) Transfer to Commonwealth of Pennsylvania.--Notwithstanding any
other provision of law, the Secretary of the Air Force shall convey all
of the Navy property transferred to the Air Force, as well as excess
Air Force property at the Willow Grove Air Reserve Station, to the
Commonwealth of Pennsylvania, at no cost, for operation of the Horsham
Joint Interagency Installation so long as it is used continuously as
the Horsham Joint Interagency Installation. In the event the property
is no longer used for the Horsham Joint Interagency Installation, it
shall revert to the Department of Defense. Installation property
conveyed to the Commonwealth of Pennsylvania may not be reconveyed, but
may be leased, subleased, or licensed by the Commonwealth, for any
agreed upon term, for use by the United States, its agencies or
instrumentalities, at terms agreeable to the United States, or to State
or local government agencies, or other associated users.

(including transfer of funds)

Sec. 8116. (a) Stop-Loss Special Pay.--In addition to the amounts
appropriated or otherwise made available elsewhere in this Act,
$72,000,000 is hereby appropriated to the Secretary of Defense to carry
out this section. Such amount shall be made available to the
Secretaries of the military departments only to provide special pay
during fiscal year 2009 to members of the Army, Navy, Air Force, and
Marine Corps, including members of their reserve components who at any
time during fiscal year 2009, serve on active duty while the members'
enlistment or period of obligated service is extended, or whose
eligibility for retirement is suspended, pursuant to section 123 or
12305 of title 10, United States Code, or any other provision of law
(commonly referred to as a ``stop-loss authority'') authorizing the
President to extend an enlistment or period of obligated service, or
suspend an eligibility for retirement, of a member of the uniformed
services in time of war or of national emergency declared by Congress
or the President.
(b) Special Pay Amount.--The amount of the special pay paid under
subsection (a) to or on behalf of an eligible member may not exceed
$500 per month for each month or portion of a month during fiscal year
2009 that the member is retained on active duty as a result of
application of the stop-loss authority.
(c) Implementation Plan.--Before obligating or expending any of the
funds made available under subsection (a), the Secretary of Defense
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a report containing a plan for the
provision of the special pay authorized by this section.
Sec. 8117. Section 3287 of title 18, United States Code, is
amended--
(1) by inserting ``or Congress has enacted a specific
authorization for the use of the Armed Forces, as described in
section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)),''
after ``is at war'';
(2) by inserting ``or directly connected with or related to the
authorized use of the Armed Forces'' after ``prosecution of the
war'';
(3) by striking ``three years'' and inserting ``5 years'';
(4) by striking ``proclaimed by the President'' and inserting
``proclaimed by a Presidential proclamation, with notice to
Congress,''; and
(5) by adding at the end the following: ``For purposes of
applying such definitions in this section, the term `war' includes
a specific authorization for the use of the Armed Forces, as
described in section 5(b) of the War Powers Resolution (50 U.S.C.
1544(b)).''.
Sec. 8118. Incentives for Additional Downblending of Highly
Enriched Uranium by the Russian Federation. The USEC Privatization Act
(42 U.S.C. 2297h et seq.) is amended--
(1) in section 3102, by striking ``For purposes'' and inserting
``Except as provided in section 3112A, for purposes''; and
(2) by inserting after section 3112 the following:

``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF HIGHLY ENRICHED
URANIUM BY THE RUSSIAN FEDERATION.

``(a) Definitions.--In this section:
``(1) Completion of the russian heu agreement.--The term
`completion of the Russian HEU Agreement' means the importation
into the United States from the Russian Federation pursuant to the
Russian HEU Agreement of uranium derived from the downblending of
not less than 500 metric tons of highly enriched uranium of weapons
origin.
``(2) Downblending.--The term `downblending' means processing
highly enriched uranium into a uranium product in any form in which
the uranium contains less than 20 percent uranium-235.
``(3) Highly enriched uranium.--The term `highly enriched
uranium' has the meaning given that term in section 3102(4).
``(4) Highly enriched uranium of weapons origin.--The term
`highly enriched uranium of weapons origin' means highly enriched
uranium that--
``(A) contains 90 percent or more uranium-235; and
``(B) is verified by the Secretary of Energy to be of
weapons origin.
``(5) Low-enriched uranium.--The term `low-enriched uranium'
means a uranium product in any form, including uranium hexafluoride
(UF<INF>6</INF>) and uranium oxide (UO<INF>2</INF>), in which the
uranium contains less than 20 percent uranium-235, including
natural uranium, without regard to whether the uranium is
incorporated into fuel rods or complete fuel assemblies.
``(6) Russian heu agreement.--The term `Russian HEU Agreement'
has the meaning given that term in section 3102(11).
``(7) Uranium-235.--The term `uranium-235' means the isotope
\235\U.
``(b) Statement of Policy.--It is the policy of the United States
to support the continued downblending of highly enriched uranium of
weapons origin in the Russian Federation in order to protect the
essential security interests of the United States with respect to the
nonproliferation of nuclear weapons.
``(c) Promotion of Downblending of Russian Highly Enriched
Uranium.--
``(1) Completion of the russian heu agreement.--Prior to the
completion of the Russian HEU Agreement, the importation into the
United States of low-enriched uranium, including low-enriched
uranium obtained under contracts for separative work units, that is
produced in the Russian Federation and is not imported pursuant to
the Russian HEU Agreement, may not exceed the following amounts:
``(A) In the 4-year period beginning with calendar year
2008, 16,559 kilograms.
``(B) In calendar year 2012, 24,839 kilograms.
``(C) In calendar year 2013 and each calendar year
thereafter through the calendar year of the completion of the
Russian HEU Agreement, 41,398 kilograms.
``(2) Incentives to continue downblending russian highly
enriched uranium after the completion of the russian heu
agreement.--
``(A) In general.--After the completion of the Russian HEU
Agreement, the importation into the United States of low-
enriched uranium, including low-enriched uranium obtained under
contracts for separative work units, that is produced in the
Russian Federation, whether or not such low-enriched uranium is
derived from highly enriched uranium of weapons origin, may not
exceed--
``(i) in calendar year 2014, 485,279 kilograms;
``(ii) in calendar year 2015, 455,142 kilograms;
``(iii) in calendar year 2016, 480,146 kilograms;
``(iv) in calendar year 2017, 490,710 kilograms;
``(v) in calendar year 2018, 492,731 kilograms;
``(vi) in calendar year 2019, 509,058 kilograms; and
``(vii) in calendar year 2020, 514,754 kilograms.
``(B) Additional imports in exchange for a commitment to
downblend an additional 300 metric tons of highly enriched
uranium.--
``(i) In general.--In addition to the amount authorized
to be imported under subparagraph (A) and except as
provided in clause (ii), if the Russian Federation enters
into a bilateral agreement with the United States under
which the Russian Federation agrees to downblend an
additional 300 metric tons of highly enriched uranium after
the completion of the Russian HEU Agreement, 4 kilograms of
low-enriched uranium, whether or not such low-enriched
uranium is derived from highly enriched uranium of weapons
origin and including low-enriched uranium obtained under
contracts for separative work units, may be imported in a
calendar year for every 1 kilogram of Russian highly
enriched uranium of weapons origin that was downblended in
the preceding calendar year, subject to the verification of
the Secretary of Energy under paragraph (10).
``(ii) Maximum annual imports.--Not more than 120,000
kilograms of low-enriched uranium may be imported in a
calendar year under clause (i).
``(3) Exceptions.--The import limitations described in
paragraphs (1) and (2) shall not apply to low-enriched uranium
produced in the Russian Federation that is imported into the United
States--
``(A) for use in the initial core of a new nuclear reactor;
``(B) for processing and to be certified for reexportation
and not for consumption in the United States; or
``(C) to be added to the inventory of the Department of
Energy.
``(4) Limited waiver authority.--
``(A) In general.--Notwithstanding paragraph (1)(C), if the
completion of the Russian HEU Agreement does not occur before
December 31, 2013, the import limitations under paragraph
(1)(C) shall be waived, and low-enriched uranium may be
imported into the United States in the quantities specified in
paragraph (2) in a calendar year after 2013, if--
``(i) the Secretary of Energy and the Secretary of
State jointly determine that--

``(I) the failure of the completion of the Russian
HEU Agreement arises from causes beyond the control and
without the fault or negligence of the Government of
the Russian Federation; and
``(II) the Government of the Russian Federation has
made reasonable efforts to avoid and mitigate the
effects of the failure of the completion of the Russian
HEU Agreement; and

``(ii) the Secretary of Energy and the Secretary of
State jointly notify Congress of, and publish in the
Federal Register, the determination under clause (i) and
the reasons for the determination.
``(B) Notice and wait.--A waiver under subparagraph (A) may
not take effect until the date that is 180 days after the date
on which Secretary of Energy and the Secretary of State notify
Congress under subparagraph (A)(ii).
``(C) Termination.--A waiver under subparagraph (A) shall
terminate on December 31 of the calendar year with respect to
which the Secretary makes the determination under subparagraph
(A)(i).
``(5) Adjustments to import limitations.--
``(A) In general.--The import limitations described in
paragraph (2)(A) are based on the reference data in the 2005
Market Report on the Global Nuclear Fuel Market Supply and
Demand 2005-2030 of the World Nuclear Association. In each of
calendar years 2016 and 2019, the Secretary of Commerce shall
review the projected demand for uranium for nuclear reactors in
the United States and adjust the import limitations described
in paragraph (2)(A) to account for changes in such demand in
years after the year in which that report or a subsequent
report is published.
``(B) Incentive adjustment.--Beginning in the second
calendar year after the calendar year of the completion of the
Russian HEU Agreement, the Secretary of Energy shall increase
or decrease the amount of low-enriched uranium that may be
imported in a calendar year under paragraph (2)(B) (including
the amount of low-enriched uranium that may be imported for
each kilogram of highly enriched uranium downblended under
paragraph (2)(B)(i)) by a percentage equal to the percentage
increase or decrease, as the case may be, in the average amount
of uranium loaded into nuclear power reactors in the United
States in the most recent 3-calendar-year period for which data
are available, as reported by the Energy Information
Administration of the Department of Energy, compared to the
average amount of uranium loaded into such reactors during the
3-calendar-year period beginning on January 1, 2011, as
reported by the Energy Information Administration.
``(C) Publication of adjustments.--As soon as practicable,
but not later than July 31 of each calendar year, the Secretary
of Energy shall publish in the Federal Register the amount of
low-enriched uranium that may be imported in the current
calendar year after the adjustments under subparagraph (B).
``(6) Authority for additional adjustment.--In addition to the
adjustment under paragraph (5)(A), the Secretary of Commerce may
adjust the import limitations under paragraph (2)(A) for a calendar
year if the Secretary--
``(A) in consultation with the Secretary of Energy,
determines that the available supply of low-enriched uranium
and the available stockpiles of uranium of the Department of
Energy are insufficient to meet demand in the United States in
the following calendar year; and
``(B) notifies Congress of the adjustment not less than 45
days before making the adjustment.
``(7) Equivalent quantities of low-enriched uranium imports.--
``(A) In general.--The import limitations described in
paragraphs (1) and (2) are expressed in terms of uranium
containing 4.4 percent uranium-235 and a tails assay of 0.3
percent.
``(B) Adjustment for other uranium.--Imports of low-
enriched uranium under paragraphs (1) and (2), including low-
enriched uranium obtained under contracts for separative work
units, shall count against the import limitations described in
such paragraphs in amounts calculated as the quantity of low-
enriched uranium containing 4.4 percent uranium-235 necessary
to equal the total amount of uranium-235 contained in such
imports.
``(8) Downblending of other highly enriched uranium.--
``(A) In general.--The downblending of highly enriched
uranium not of weapons origin may be counted for purposes of
paragraph (2)(B), subject to verification under paragraph (10),
if the Secretary of Energy determines that the highly enriched
uranium to be downblended poses a risk to the national security
of the United States.
``(B) Equivalent quantities of highly enriched uranium.--
For purposes of determining the additional low-enriched uranium
imports allowed under paragraph (2)(B), highly enriched uranium
not of weapons origin downblended pursuant to subparagraph (A)
shall count as downblended highly enriched uranium of weapons
origin in amounts calculated as the quantity of highly enriched
uranium containing 90 percent uranium-235 necessary to equal
the total amount of uranium-235 contained in the highly
enriched uranium not of weapons origin downblended pursuant to
subparagraph (A).
``(9) Termination of import restrictions.--The provisions of
this subsection shall terminate on December 31, 2020.
``(10) Technical verifications by secretary of energy.--
``(A) In general.--The Secretary of Energy shall verify the
origin, quantity, and uranium-235 content of the highly
enriched uranium downblended for purposes of paragraphs (2)(B)
and (8).
``(B) Methods of verification.--In conducting the
verification required under subparagraph (A), the Secretary of
Energy shall employ the transparency measures and access
provisions agreed to under the Russian HEU Agreement for
monitoring the downblending of Russian highly enriched uranium
of weapons origin and such other methods as the Secretary
determines appropriate.
``(11) Enforcement of import limitations.--The Secretary of
Commerce shall be responsible for enforcing the import limitations
imposed under this subsection and shall enforce such import
limitations in a manner that imposes a minimal burden on the
commercial nuclear industry.
``(12) Effect on other agreements.--
``(A) Russian heu agreement.--Nothing in this section shall
be construed to modify the terms of the Russian HEU Agreement,
including the provisions of the Agreement relating to the
amount of low-enriched uranium that may be imported into the
United States.
``(B) Other agreements.--If a provision of any agreement
between the United States and the Russian Federation, other
than the Russian HEU Agreement, relating to the importation of
low-enriched uranium, including low-enriched uranium obtained
under contracts for separative work units, into the United
States conflicts with a provision of this section, the
provision of this section shall supersede the provision of the
agreement to the extent of the conflict.''.
Sec. 8119. The amounts appropriated in title II of this Act are
hereby reduced by $859,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $823,000,000; and
(2) From ``Operation and Maintenance, Air Force'', $36,000,000.
This division may be cited as the ``Department of Defense
Appropriations Act, 2009''.

DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009

That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year ending September 30, 2009, and for other
purposes, namely:

TITLE I

DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $123,456,000: Provided, That
not to exceed $60,000 shall be for official reception and
representation expenses, of which $20,000 shall be made available to
the Office of Policy solely to host Visa Waiver Program negotiations in
Washington, DC: Provided further, That within 15 days after the end of
each quarter of the fiscal year, the Secretary shall submit to the
Committees on Appropriations of the Senate and House of Representatives
and to the Government Accountability Office a report of each instance
where a request by the Government Accountability Office for access to
Department of Homeland Security records was not granted within 20
calendar days and Government Accountability Office requests for
interviews with Department of Homeland Security employees were not
granted within seven calendar days: Provided further, That $15,000,000
shall not be available for obligation until the second quarterly report
detailed in the previous proviso is submitted to the Committees on
Appropriations of the Senate and House of Representatives: Provided
further, That $10,000,000 shall not be available for obligation until
the Secretary of Homeland Security, in coordination with the
Administrator of the Federal Emergency Management Agency, certifies to
the Committees on Appropriations of the Senate and the House of
Representatives that processes to incorporate stakeholder input for
grant guidance development and award distribution have been: (1)
developed to ensure transparency and increased consultation about
security needs for all-hazards; (2) formalized and made clear to
stakeholders; and (3) formalized to ensure future use for each fiscal
year.

Office of the Under Secretary for Management

For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $191,793,000, of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, That of the total amount, $6,000,000 shall remain
available until expended solely for the alteration and improvement of
facilities, tenant improvements, and relocation costs to consolidate
Department headquarters operations at the Nebraska Avenue Complex; and
$17,131,000 shall remain available until expended for the Human
Resources Information Technology program.

Office of the Chief Financial Officer

For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $55,235,000, of which $11,000,000 shall remain
available until expended for financial systems consolidation efforts.

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$272,169,000; of which $86,928,000 shall be available for salaries and
expenses; and of which $185,241,000, to remain available until
expended, shall be available for development and acquisition of
information technology equipment, software, services, and related
activities for the Department of Homeland Security, of which not less
than $23,830,000 shall be available for data center development and an
additional $22,300,000 shall be available to support costs of
transition to the National Center for Critical Information Processing
and Storage: Provided, That $100,000,000 of the total amount
appropriated under this heading shall not be available for obligation
until the Committees on Appropriations of the Senate and the House of
Representatives receive the report on data center transition: Provided
further, That none of the funds appropriated shall be used to support
or supplement the appropriations provided for the United States Visitor
and Immigrant Status Indicator Technology project or the Automated
Commercial Environment: Provided further, That the Chief Information
Officer shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, not more than 60 days after the date
of enactment of this Act, an expenditure plan for all information
technology acquisition projects that: (1) are funded under this
heading; or (2) are funded by multiple components of the Department of
Homeland Security through reimbursable agreements: Provided further,
That such expenditure plan shall include each specific project funded,
key milestones, all funding sources for each project, details of annual
and lifecycle costs, and projected cost savings or cost avoidance to be
achieved by the project.

Analysis and Operations

For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $327,373,000, of which not
to exceed $5,000 shall be for official reception and representation
expenses; and of which $215,745,000 shall remain available until
September 30, 2010.

Office of the Federal Coordinator for Gulf Coast Rebuilding

For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $1,900,000.

Office of Inspector General

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $98,513,000, of which not to exceed $150,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.

TITLE II

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

Salaries and Expenses

For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 6,300 (3,300
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $7,603,206,000, of which
$3,154,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $271,679,000 shall be
for Air and Marine Operations; of which $4,500,000 shall be for the
2010 Olympics Coordination Center, of which not to exceed $2,000,000
shall be available until September 30, 2010; of which $2,000,000 shall
be for Project SeaHawk; of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2009, the overtime limitation prescribed
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other provision of
law, none of the funds appropriated by this Act may be available to
compensate any employee of U.S. Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the Secretary of
Homeland Security, or the designee of the Secretary, to be necessary
for national security purposes, to prevent excessive costs, or in cases
of immigration emergencies: Provided further, That no funding available
under this heading may be obligated for the operation of the Analytical
Framework for Intelligence Officers until the Commissioner of U.S.
Customs and Border Protection certifies that this Framework complies
with all applicable laws, including section 552a of title 5, United
States Code, and other laws protecting privacy, and such certification
is reviewed by the Inspector General of the Department of Homeland
Security: Provided further, That the Commissioner shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives the results of operational field testing of cargo
container security devices in high risk trade lanes no later than 120
days after the date of enactment of this Act.

automation modernization

For expenses for U.S. Customs and Border Protection automated
systems, $511,334,000, to remain available until expended, of which not
less than $316,851,000 shall be for the development of the Automated
Commercial Environment: Provided, That of the total amount made
available under this heading, $216,851,000 may not be obligated for the
Automated Commercial Environment program until 30 days after the
Committees on Appropriations of the Senate and the House of
Representatives receive a report on the results to date and plans for
the program from the Department of Homeland Security.

border security fencing, infrastructure, and technology

For expenses for customs and border protection fencing,
infrastructure, and technology, $775,000,000, to remain available until
expended: Provided, That of the amount provided under this heading,
$400,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure, prepared by the Secretary of
Homeland Security and submitted not later than 90 days after the date
of the enactment of this Act, for a program to establish and maintain a
security barrier along the borders of the United States of fencing and
vehicle barriers, where practicable, and other forms of tactical
infrastructure and technology, that includes the following--
(1) a detailed accounting of the program's implementation to
date for all investments, including technology and tactical
infrastructure, for funding already expended relative to system
capabilities or services, system performance levels, mission
benefits and outcomes, milestones, cost targets, program management
capabilities, identification of the maximum investment, including
life cycle costs, related to the Secure Border Initiative program
or any successor program, and description of the methodology used
to obtain these cost figures;
(2) a description of how specific projects will further the
objectives of the Secure Border Initiative, as defined in the
Department of Homeland Security Secure Border Plan, and how the
expenditure plan allocates funding to the highest priority border
security needs;
(3) an explicit plan of action defining how all funds are to be
obligated to meet future program commitments, with the planned
expenditure of funds linked to the milestone-based delivery of
specific capabilities, services, performance levels, mission
benefits and outcomes, and program management capabilities;
(4) an identification of staffing, including full-time
equivalents, contractors, and detailees, by program office;
(5) a description of how the plan addresses security needs at
the Northern border and ports of entry, including infrastructure,
technology, design and operations requirements, specific locations
where funding would be used, and priorities for Northern border
activities;
(6) a report on budget, obligations and expenditures, the
activities completed, and the progress made by the program in terms
of obtaining operational control of the entire border of the United
States;
(7) a listing of all open Government Accountability Office and
the Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security actions
to address the recommendations, including milestones to fully
address such recommendations;
(8) a certification by the Chief Procurement Officer of the
Department that the program: (a) has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning and
investment control requirements and reviews established by the
Office of Management and Budget, including as provided in Circular
A-11, part 7; (b) that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and practices,
and a description of the actions being taken to address areas of
non-compliance, the risks associated with such actions, together
with any plans for addressing these risks, and the status of the
implementation of such actions; (c) that procedures to prevent
conflicts of interest between the prime integrator and major
subcontractors are established and that the Secure Border
Initiative Program Office has adequate staff and resources to
effectively manage the Secure Border Initiative program, all
contracts, including the exercise of technical oversight; and (d)
the certifications required under this paragraph should be
accompanied by all documents or memoranda, as well as documentation
and a description of the investment review processes used to obtain
such certifications;
(9) a certification by the Chief Information Officer of the
Department that: (a) the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework, including
a description of all aspects of the architectures that were or were
not assessed in making the alignment determination, the date of the
alignment determination, and any known areas of misalignment
together with the associated risks and corrective actions to
address any such areas; (b) the program has a risk management
process that regularly and proactively identifies, evaluates,
mitigates, and monitors risks throughout the system life cycle and
communicates high-risk conditions to U.S. Customs and Border
Protection and Department of Homeland Security investment decision-
makers, as well as a listing of all the program's high risks and
the status of efforts to address such risks; (c) an independent
verification and validation agent is currently under contract for
the projects funded under this heading; and (d) the certification
required under this paragraph should be accompanied by all
documents or memoranda, as well as documentation and a description
of the investment review processes used to obtain such
certification;
(10) a certification by the Chief Human Capital Officer of the
Department that the human capital needs of the Secure Border
Initiative program are being addressed so as to ensure adequate
staff and resources to effectively manage the Secure Border
Initiative, together with a description of SBI staffing priorities;
(11) an analysis by the Secretary for each segment, defined as
not more than 15 miles, of fencing or tactical infrastructure, of
the selected approach compared to other, alternative means of
achieving operational control, and such analysis should include
cost, level of operational control, possible unintended effects on
communities, and other factors critical to the decision making
process; and
(12) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the Committees on
Appropriations of the Senate and the House of Representatives on
program progress, and obligations and expenditures for all outstanding
task orders as well as specific objectives to be achieved through the
award of current and remaining task orders planned for the balance of
available appropriations at least 15 days before the award of any task
order requiring an obligation of funds in an amount greater than
$25,000,000 and before the award of a task order that would cause
cumulative obligations of funds to exceed 50 percent of the total
amount appropriated: Provided further, That none of the funds provided
under this heading may be obligated unless the Department has complied
with section 102(b)(1)(C)(i) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), and the
Secretary certifies such to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That none of
the funds under this heading may be obligated for any project or
activity for which the Secretary has exercised waiver authority
pursuant to section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 days
have elapsed from the date of the publication of the decision in the
Federal Register: Provided further, That notwithstanding the previous
provisos, $100,000,000 of the amount provided under this heading shall
be made available for obligation upon enactment of this Act without
restriction.

Air and Marine Interdiction, Operations, Maintenance, and Procurement

For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $528,000,000, to remain
available until expended, of which $5,000,000 shall be to address
private aircraft enforcement system noncompliance as specified in House
Report 110-862: Provided, That no aircraft or other related equipment,
with the exception of aircraft that are one of a kind and have been
identified as excess to U.S. Customs and Border Protection requirements
and aircraft that have been damaged beyond repair, shall be transferred
to any other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2009 without the
prior approval of the Committees on Appropriations of the Senate and
the House of Representatives: Provided further, That of the total
amount made available under this heading, $18,000,000 shall not be
obligated until the Secretary notifies the Committees on Appropriations
of the Senate and House of Representatives that the Department of
Homeland Security has implemented the concept of operations described
in section 544 of this Act.

Construction

For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$403,201,000, to remain available until expended, of which $39,700,000
shall be for the Advanced Training Center: Provided, That for fiscal
year 2010 and thereafter, the annual budget submission of U.S. Customs
and Border Protection for ``Construction'' shall, in consultation with
the General Services Administration, include a detailed 5-year plan for
all Federal land border port of entry projects with a yearly update of
total projected future funding needs.

U.S. Immigration and Customs Enforcement

Salaries and Expenses

For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type vehicles;
$4,927,210,000, of which not to exceed $7,500,000 shall be available
until expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; of which not less
than $305,000 shall be for promotion of public awareness of the child
pornography tipline and anti-child exploitation activities; of which
not less than $5,400,000 shall be used to facilitate agreements
consistent with section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary, or the designee of the Secretary,
may waive that amount as necessary for national security purposes and
in cases of immigration emergencies: Provided further, That of the
total amount provided, $15,770,000 shall be for activities in fiscal
year 2009 to enforce laws against forced child labor, of which not to
exceed $6,000,000 shall remain available until expended: Provided
further, That of the total amount available, not less than
$1,000,000,000, of which $150,000,000 shall remain available until
September 30, 2010, shall be available to identify aliens convicted of
a crime, and who may be deportable, and to remove them from the United
States once they are judged deportable: Provided further, That the
Secretary, or the designee of the Secretary, shall report to the
Committees on Appropriations of the Senate and the House of
Representatives, at least quarterly, on progress implementing the
preceding proviso, and the funds obligated during that quarter to make
that progress: Provided further, That the Secretary shall prioritize
the identification and removal of aliens convicted of a crime by the
severity of that crime: Provided further, That of the total amount
provided, not less than $2,481,213,000 is for detention and removal
operations, including transportation of unaccompanied minor aliens:
Provided further, That of the total amount provided, $6,800,000 shall
remain available until September 30, 2010, for the Visa Security
Program: Provided further, That none of the funds provided under this
heading may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been violated: Provided
further, That effective April 15, 2009, none of the funds provided
under this heading may be used to continue any contract for the
provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less
than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That the Secretary
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, not later than January 5, 2009, a plan for
nationwide implementation of the Alternatives to Detention program that
identifies: (1) the funds required for nationwide program
implementation; (2) the timeframe for achieving nationwide program
implementation; and (3) an estimate of the number of individuals who
could be enrolled in a nationwide program: Provided further, That
nothing under this heading shall prevent U.S. Immigation and Customs
Enforcement from exercising those authorities provided under
immigration laws (as defined in section 101(a)(17) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(17))) during priority operations
pertaining to aliens convicted of a crime.

Federal Protective Service

The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally-owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives no later
than December 31, 2008, that the operations of the Federal Protective
Service will be fully funded in fiscal year 2009 through revenues and
collection of security fees, and shall adjust the fees to ensure fee
collections are sufficient to ensure that the Federal Protective
Service maintains not fewer than 1,200 full-time equivalent staff and
900 full-time equivalent Police Officers, Inspectors, Area Commanders,
and Special Agents who, while working, are directly engaged on a daily
basis protecting and enforcing laws at Federal buildings (referred to
as ``in-service field staff'').

Automation Modernization

For expenses of immigration and customs enforcement automated
systems, $57,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $5,000,000 shall
not be obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive an expenditure plan prepared
by the Secretary of Homeland Security.

construction

For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$5,000,000, to remain available until expended: Provided, That none of
the funds made available under this heading may be used to solicit or
consider any request to privatize facilities currently owned by the
United States Government and used to detain aliens unlawfully present
in the United States until the Committees on Appropriations of the
Senate and the House of Representatives receive a plan for carrying out
that privatization.

Transportation Security Administration

Aviation Security

(including transfer of funds)

For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,754,518,000, to remain
available until September 30, 2010, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not to
exceed $3,935,710,000 shall be for screening operations, of which
$621,106,000 shall be available for explosives detection systems; and
not to exceed $798,808,000 shall be for aviation security direction and
enforcement: Provided further, That of the amount made available in the
preceding proviso for explosives detection systems, $294,000,000 shall
be available for the purchase and installation of these systems, of
which not less than $84,500,000 shall be available for the purchase and
installation of certified explosives detection systems at medium- and
small-sized airports: Provided further, That the purchase of screening
equipment for medium- and small-sized airports must be competitively
awarded: Provided further, That any award to deploy explosives
detection systems shall be based on risk, the airports current reliance
on other screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and increased
cost effectiveness: Provided further, That security service fees
authorized under section 44940 of title 49, United States Code, shall
be credited to this appropriation as offsetting collections and shall
be available only for aviation security: Provided further, That any
funds collected and made available from aviation security fees pursuant
to section 44940(i) of title 49, United States Code, may,
notwithstanding paragraph (4) of such section 44940(i), be expended for
the purpose of improving screening at airport screening checkpoints,
which may include the purchase and utilization of emerging technology
equipment; the refurbishment and replacement of current equipment; the
installation of surveillance systems to monitor checkpoint activities;
the modification of checkpoint infrastructure to support checkpoint
reconfigurations; and the creation of additional checkpoints to screen
aviation passengers and airport personnel: Provided further, That of
the amounts provided under this heading, $20,000,000 may be transferred
to the ``Surface Transportation Security'', ``Transportation Threat
Assessment and Credentialing'', and ``Transportation Security Support''
appropriations in this Act for the purpose of implementing regulations
and activities authorized in the Implementing Recommendations of the 9/
11 Commission Act of 2007 (Public Law 110-53): Provided further, That
the sum appropriated under this heading from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2009, so as to result in a final fiscal
year appropriation from the general fund estimated at not more than
$2,434,518,000: Provided further, That any security service fees
collected in excess of the amount made available under this heading
shall become available during fiscal year 2010: Provided further, That
Members of the United States House of Representatives and United States
Senate, including the leadership; the heads of Federal agencies and
commissions, including the Secretary, Under Secretaries, and Assistant
Secretaries of the Department of Homeland Security; the United States
Attorney General and Assistant Attorneys General and the United States
attorneys; and senior members of the Executive Office of the President,
including the Director of the Office of Management and Budget; shall
not be exempt from Federal passenger and baggage screening.

surface transportation security

For necessary expenses of the Transportation Security
Administration related to providing surface transportation security
activities, $49,606,000, to remain available until September 30, 2010.

transportation threat assessment and credentialing

For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment
and Credentialing, $116,018,000, to remain available until September
30, 2010: Provided, That if the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines that the
Secure Flight program does not need to check airline passenger names
against the full terrorist watch list, the Assistant Secretary shall
certify to the Committees on Appropriations of the Senate and the House
of Representatives that no significant security risks are raised by
screening airline passenger names only against a subset of the full
terrorist watch list.

Transportation Security Support

For necessary expenses of the Transportation Security
Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $947,735,000,
to remain available until September 30, 2010: Provided, That of the
funds appropriated under this heading, $20,000,000 may not be obligated
for headquarters administration until the Secretary of Homeland
Security submits to the Committees on Appropriations of the Senate and
the House of Representatives detailed expenditure plans for checkpoint
support and explosives detection systems refurbishment, procurement,
and installations on an airport-by-airport basis for fiscal year 2009:
Provided further, That these plans shall be submitted no later than 60
days after the date of enactment of this Act.

Federal Air Marshals

For necessary expenses of the Federal Air Marshals, $819,481,000.

Coast Guard

Operating Expenses

For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; for purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and for repairs
and service-life replacements, not to exceed a total of $26,000,000;
minor shore construction projects not exceeding $1,000,000 in total
cost at any location; payments pursuant to section 156 of Public Law
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$6,194,925,000, of which $340,000,000 shall be for defense-related
activities; of which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to
exceed $20,000 shall be for official reception and representation
expenses; and of which $3,600,000 shall be available until expended for
the cost of repairing, rehabilitating, altering, modifying, and making
improvements, including customized tenant improvements, to any
replacement or expanded Operations Systems Center facility: Provided,
That none of the funds made available by this or any other Act shall be
available for administrative expenses in connection with shipping
commissioners in the United States: Provided further, That none of the
funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from yacht owners and
credited to this appropriation: Provided further, That the Commandant
shall submit a financial management improvement plan that has been
reviewed by the Inspector General of the Department of Homeland
Security containing yearly, measurable milestones, to the Committees on
Appropriations of the Senate and the House of Representatives by
December 1, 2008: Provided further, That the Coast Guard shall comply
with the requirements of section 527 of Public Law 108-136 with respect
to the Coast Guard Academy: Provided further, That notwithstanding
section 503 of this Act, amounts not to exceed 5 percent of the total
amount appropriated under this heading may be transferred to the
``Acquisition, Construction, and Improvements'' appropriation, to be
available under the terms and conditions applicable to that
appropriation, and to be available for personnel compensation and
benefits and related costs to adjust personnel assignment to accelerate
management and oversight of new or existing projects without
detrimentally affecting the management and oversight of other projects:
Provided further, That the amount made available for ``Personnel,
Compensation, and Benefits'' in the ``Acquisition, Construction, and
Improvements'' appropriation shall not be increased by more than 10
percent by such transfers: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified of each transfer within 10 days after it is executed.

environmental compliance and restoration

For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,000,000, to remain available until
expended.

Reserve Training

For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program; personnel and
training costs; and equipment and services; $130,501,000.

acquisition, construction, and improvements

For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,494,576,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $113,000,000 shall be available until
September 30, 2013, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $89,174,000 shall be
available until September 30, 2011, for other equipment; of which
$68,000,000 shall be available until September 30, 2011, for shore
facilities and aids to navigation facilities, including $3,000,000 for
Sector Buffalo and $15,000,000 for the Rescue Swimmer Training
Facility; of which $92,830,000 shall be available for personnel
compensation and benefits and related costs; of which $97,578,000 shall
be available until expended for a new Coast Guard and Department of
Homeland Security headquarters; and of which $1,033,994,000 shall be
available until September 30, 2013, for the Integrated Deepwater
Systems program: Provided, That of the funds made available for the
Integrated Deepwater Systems program, $244,550,000 is for aircraft and
$571,003,000 is for surface ships: Provided further, That $350,000,000
of the funds provided for the Integrated Deepwater Systems program may
not be obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive directly from the Coast Guard
and approve a plan for expenditure that--
(1) defines activities, milestones, yearly costs, and life
cycle costs for each new procurement of a major asset, including an
independent cost estimate for each;
(2) identifies life cycle staffing and training needs of Coast
Guard project managers and procurement and contract staff;
(3) identifies competition to be conducted in, and summarizes
the approved acquisition strategy for, each procurement;
(4) includes a certification by the Chief Human Capital Officer
of the Department of Homeland Security that current human capital
capabilities are sufficient to execute the expenditure plan;
(5) includes an explanation of each procurement that involves
an indefinite delivery/indefinite quantity contract and explains
the need for such contract;
(6) identifies individual project balances by fiscal year,
including planned carryover into fiscal year 2010 by project;
(7) identifies operational gaps by asset and explains how funds
provided in this Act address the shortfalls between current
operational capabilities and requirements;
(8) includes a listing of all open Government Accountability
Office and Office of Inspector General recommendations related to
the program and the status of Coast Guard actions to address the
recommendations, including milestones for fully addressing them;
(9) includes a certification by the Chief Procurement Officer
of the Department that the program has been reviewed and approved
in accordance with the investment management process of the
Department, and that the process fulfills all capital planning and
investment control requirements and reviews established by the
Office of Management and Budget, including Circular A-11, part 7;
(10) identifies use of the Defense Contract Audit Agency;
(11) includes a certification by the head of contracting
activity for the Coast Guard and the Chief Procurement Officer of
the Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and practices,
and a description of the actions being taken to address areas of
non-compliance, the risks associated with them along with plans for
addressing these risks, and the status of their implementation;
(12) identifies the use of independent validation and
verification; and
(13) is reviewed by the Government Accountability Office:
Provided further, That no funding may be obligated for low rate initial
production or initial production of any Integrated Deepwater Systems
program asset until Coast Guard revises its Major Systems Acquisition
Manual procedures to require a formal design review prior to the
authorization of low rate initial production or initial production:
Provided further, That the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, in conjunction with the President's fiscal year 2010
budget, a review of the Revised Deepwater Implementation Plan that
identifies any changes to the plan for the fiscal year; an annual
performance comparison of Integrated Deepwater Systems program assets
to pre-Deepwater legacy assets; a status report of legacy assets; a
detailed explanation of how the costs of legacy assets are being
accounted for within the Integrated Deepwater Systems program; and the
earned value management system gold card data for each Integrated
Deepwater Systems program asset: Provided further, That the Secretary
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a comprehensive review of the Revised
Deepwater Implementation Plan every 5 years, beginning in fiscal year
2011, that includes a complete projection of the acquisition costs and
schedule for the duration of the plan through fiscal year 2027:
Provided further, That the Secretary shall annually submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is submitted
under section 1105(a) of title 31, United States Code, a future-years
capital investment plan for the Coast Guard that identifies for each
capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the next
5 fiscal years or until project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of completion
or estimated completion date from previous future-years capital
investment plans submitted to the Committees on Appropriations of
the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent to
the maximum extent practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified: Provided further,
That subsections (a), and (b) of section 6402 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28) shall apply to fiscal year
2009: Provided further, That notwithstanding section 503 of this Act,
amounts transferred from the ``Operating Expenses'' appropriation for
personnel compensation and benefits and related costs to adjust
personnel assignment to accelerate management and oversight of new or
existing projects may be transferred to the ``Operating Expenses''
appropriation to be merged with that appropriation, to be available
under the same terms and conditions for which that appropriation is
available, when no longer required for project acceleration or
oversight, or to otherwise adjust personnel assignment: Provided
further, That the Committees on Appropriations of the Senate and the
House of Representatives shall be notified of each transfer within 30
days after it is executed.

Alteration of Bridges

For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $16,000,000, to remain available until expended: Provided, That
of the amounts made available under this heading, $2,000,000 shall be
for the Burlington Northern Railroad Bridge in Burlington, Iowa;
$2,000,000 shall be for the Canadian Pacific Railway Bridge in La
Crosse, Wisconsin; $2,000,000 shall be for the Chelsea Street Bridge in
Chelsea, Massachusetts; $2,000,000 shall be for the Elgin, Joliet, and
Eastern Railway Company Bridge in Morris, Illinois; $4,000,000 shall be
for the Fourteen Mile Bridge in Mobile, Alabama; and $4,000,000 shall
be for the Galveston Causeway Bridge in Galveston, Texas.

Research, Development, Test, and Evaluation

For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$18,000,000, to remain available until expended, of which $500,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.

Retired Pay

For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,236,745,000, to remain available until expended.

United States Secret Service

Salaries and Expenses

For necessary expenses of the United States Secret Service,
including purchase of not to exceed 675 vehicles for police-type use,
of which 645 shall be for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; services of expert witnesses at such rates as may be
determined by the Director of the Secret Service; rental of buildings
in the District of Columbia, and fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to employees
where a protective assignment during the actual day or days of the
visit of a protectee requires an employee to work 16 hours per day or
to remain overnight at a post of duty; conduct of and participation in
firearms matches; presentation of awards; travel of United States
Secret Service employees on protective missions without regard to the
limitations on such expenditures in this or any other Act if approval
is obtained in advance from the Committees on Appropriations of the
Senate and the House of Representatives; research and development;
grants to conduct behavioral research in support of protective research
and operations; and payment in advance for commercial accommodations as
may be necessary to perform protective functions; $1,408,729,000; of
which not to exceed $25,000 shall be for official reception and
representation expenses; of which not to exceed $100,000 shall be to
provide technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which $2,366,000 shall
be for forensic and related support of investigations of missing and
exploited children; and of which $6,000,000 shall be for a grant for
activities related to the investigations of missing and exploited
children and shall remain available until expended: Provided, That up
to $18,000,000 provided for protective travel shall remain available
until September 30, 2010: Provided further, That up to $1,000,000 for
National Special Security Events shall remain available until expended:
Provided further, That the United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from Federal
agencies and entities, as defined in section 105 of title 5, United
States Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under this
heading at the end of the fiscal year: Provided further, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive that amount as necessary for
national security purposes: Provided further, That the limitation in
the preceding proviso shall not take effect until the Director of the
Office of Management and Budget submits to the Committees on
Appropriations of the Senate and the House of Representatives a report
certifying that such a limitation on compensation will not have a
significant effect on operations of the United States Secret Service:
Provided further, That none of the funds appropriated to the United
States Secret Service by this Act or by previous appropriations Acts
may be made available for the protection of the head of a Federal
agency other than the Secretary of Homeland Security: Provided further,
That the Director of the United States Secret Service may enter into an
agreement to perform such service on a fully reimbursable basis.

acquisition, construction, improvements, and related expenses

For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $4,225,000, to remain
available until expended: Provided, That of the total amount provided,
$250,000 is for a perimeter security and noise abatement study at the
James J. Rowley Training Center.

TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

National Protection and Programs Directorate

management and administration

For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk Management
and Analysis, $51,350,000: Provided, That not to exceed $5,000 shall be
for official reception and representation expenses.

Infrastructure Protection and Information Security

For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$806,913,000, of which $720,116,000 shall remain available until
September 30, 2010: Provided, That of the total amount provided,
$20,000,000 is for necessary expenses of the National Infrastructure
Simulation and Analysis Center: Provided further, That of the amount
made available under this heading, $127,462,000 may not be obligated
for the National Cyber Security Initiative program and $25,125,000 may
not be obligated for the Next Generation Networks program until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure for that
program that describes the strategic context of the program; the
specific goals and milestones set for the program; and the funds
allocated to achieving each of those goals: Provided further, That of
the total amount provided, $2,000,000 is for Philadelphia
infrastructure monitoring; $3,000,000 is for protection of critical
underground infrastructure in major urban areas; $1,000,000 is for
improved improvised explosive device mapping and modeling tools;
$3,500,000 is for State and local cyber security training; and
$4,000,000 is for the Power and Cyber Systems Protection, Analysis, and
Testing Program at the Idaho National Laboratory.

united states visitor and immigrant status indicator technology

For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $300,000,000, to
remain available until expended: Provided, That of the total amount
made available under this heading, $75,000,000 may not be obligated for
the United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for expenditure prepared by the
Secretary of Homeland Security that includes--
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost targets,
and program management capabilities;
(2) an explicit plan of action defining how all funds are to be
obligated to meet future program commitments, with the planned
expenditure of funds linked to the milestone-based delivery of
specific capabilities, services, performance levels, mission
benefits and outcomes, and program management capabilities;
(3) a listing of all open Government Accountability Office and
Office of Inspector General recommendations related to the program
and the status of Department of Homeland Security actions to
address the recommendations, including milestones for fully
addressing such recommendations;
(4)(a) a certification by the Chief Procurement Officer of the
Department that (1) the program has been reviewed and approved in
accordance with the investment management process of the
Department; (2) the process fulfills all capital planning and
investment control requirements and reviews established by the
Office of Management and Budget, including as provided in Circular
A-11, part 7; and (3) the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and practices;
and (b) a description by the Chief Procurement Officer of the
actions being taken to address areas of non-compliance, the risks
associated with such areas as well as any plans for addressing such
risks, and the status of the implementation of such actions;
(5)(a) a certification by the Chief Information Officer of the
Department that (1) an independent verification and validation
agent is currently under contract for the project; (2) the system
architecture of the program is sufficiently aligned with the
information systems enterprise architecture of the Department to
minimize future rework, including a description of all aspects of
the architecture that were or were not assessed in making the
alignment determination, the date of the alignment determination,
and any known areas of misalignment along with the associated risks
and corrective actions to address any such areas; and (3) the
program has a risk management process that regularly identifies,
evaluates, mitigates, and monitors risks throughout the system life
cycle, and communicates high-risk conditions to agency and
Department investment decision makers; and (b) a listing by the
Chief Information Officer of all the program's high risks and the
status of efforts to address them;
(6) a certification by the Chief Human Capital Officer of the
Department that the human capital needs of the program are being
strategically and proactively managed, and that current human
capital capabilities are sufficient to execute the plans discussed
in the report;
(7) a complete schedule for the full implementation of a
biometric exit program or a certification that such program is not
possible within 5 years; and
(8) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services:
Provided further, That no funding under this heading shall be obligated
for implementation of a final air exit solution pursuant to the notice
of proposed rulemaking (DHS-2008-0039) published on April 24, 2008,
until the Committees on Appropriations of the Senate and the House of
Representatives receive a report on pilot tests of the air exit
solution, which shall be reviewed by the Government Accountability
Office, and which shall test at least two scenarios: (a) where the
airlines collect and transmit biometric exit data as proposed in the
notice of proposed rulemaking and (b) where U.S. Customs and Border
Protection collects such information at the departure gates.

Office of Health Affairs

For necessary expenses of the Office of Health Affairs,
$157,191,000, of which $29,210,000 is for salaries and expenses; and of
which $127,981,000 is to remain available until September 30, 2010, for
biosurveillance, BioWatch, medical readiness planning, chemical
response, and other activities: Provided, That not to exceed $3,000
shall be for official reception and representation expenses.

Federal Emergency Management Agency

Management and Administration

For necessary expenses for management and administration of the
Federal Emergency Management Agency, $837,437,000, including activities
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production
Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the
National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.), and the Post-Katrina Emergency Management Reform
Act of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That not to
exceed $3,000 shall be for official reception and representation
expenses: Provided further, That the President's budget submitted under
section 1105(a) of title 31, United States Code, shall be detailed by
office for the Federal Emergency Management Agency: Provided further,
That $10,000,000 shall not be available for obligation until the
Secretary of Homeland Security, in coordination with the Administrator
of the Federal Emergency Management Agency, certifies and reports to
the Committees on Appropriations of the Senate and the House of
Representatives that processes to incorporate stakeholder input for
grant guidance development and award distribution have been: (1)
developed to ensure transparency and increased consultation about
security needs for all-hazards; (2) formalized and made clear to
stakeholders; and (3) formalized to ensure future use for each fiscal
year: Provided further, That of the total amount made available under
this heading, $5,000,000 shall be for the development of tools and
systems to measure the achievement and effectiveness of first responder
grant programs: Provided further, That of the total amount made
available under this heading, $32,500,000 shall be for the Urban Search
and Rescue Response System, of which not to exceed $1,600,000 may be
made available for administrative costs; $2,200,000 shall be for the
Pacific Region Homeland Security Center, Honolulu, Hawaii, $5,000,000
shall be for the State of North Carolina, and $2,425,000 shall be for
the Commonwealth of Kentucky, as detailed in the statement accompanying
this Act; and $6,342,000 shall be for the Office of National Capital
Region Coordination: Provided further, That for purposes of planning,
coordination, execution, and decision-making related to mass evacuation
during a disaster, the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be incorporated
into efforts to integrate the activities of Federal, State, and local
governments in the National Capital Region, as defined in section 882
of Public Law 107-296, the Homeland Security Act of 2002.

State and Local Programs

(including transfer of funds)

For grants, contracts, cooperative agreements, and other
activities, $3,105,700,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605): Provided, That of the amount provided by this
paragraph, $60,000,000 shall be for Operation Stonegarden: Provided
further, That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2009, the Commonwealth of Puerto Rico shall
make available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in accordance
with subsection (c)(1) of such section 2004.
(2) $837,500,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604), of which, notwithstanding subsection (c)(1) of such
section, $15,000,000 shall be for grants to organizations (as
described under section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax section 501(a) of such code) determined by
the Secretary of Homeland Security to be at high risk of a
terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic Preparedness
Grants.
(4) $41,000,000 shall be for the Metropolitan Medical Response
System under section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizen Corps Program.
(6) $400,000,000 shall be for Public Transportation Security
Assistance and Railroad Security Assistance under sections 1406 and
1513 of the Implementing Recommendations of the 9/11 Commission Act
of 2007 (Public Law 110-53; 6 U.S.C. 1135 and 1163), of which not
less than $25,000,000 shall be for Amtrak security: Provided, That
there shall be no cost share requirement for funds made available
under this paragraph and made available for these same purposes in
Public Law 110-161: Provided further, That such public
transportation security assistance shall be provided directly to
public transportation agencies.
(7) $400,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(8) $12,000,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1182).
(9) $8,000,000 shall be for Trucking Industry Security Grants.
(10) $50,000,000 shall be for Buffer Zone Protection Program
Grants.
(11) $8,000,000 shall be for the Commercial Equipment Direct
Assistance Program.
(12) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 579).
(13) $35,000,000 shall remain available until expended, for
grants for Emergency Operations Centers under section 614 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c), as detailed in the statement accompanying this Act.
(14) $264,200,000 shall be for training, exercises, technical
assistance, and other programs, of which--
(A) $164,500,000 is for purposes of training in accordance
with section 1204 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1102), of which $62,500,000
shall be for the Center for Domestic Preparedness; $23,000,000
shall be for the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and Technology;
$23,000,000 shall be for the National Center for Biomedical
Research and Training, Louisiana State University; $23,000,000
shall be for the National Emergency Response and Rescue
Training Center, Texas A&M University; $23,000,000 shall be for
the National Exercise, Test, and Training Center, Nevada Test
Site; $5,000,000 shall be for the Transportation Technology
Center, Incorporated, in Pueblo, Colorado; and $5,000,000 shall
be for the National Disaster Preparedness Training Center,
University of Hawaii, Honolulu, Hawaii; and
(B) $1,700,000 for the Center for Counterterrorism and
Cyber Crime, Norwich University, Northfield, Vermont:
Provided, That not to exceed 3 percent of the amounts provided under
this heading may be transferred to the Federal Emergency Management
Agency ``Management and Administration'' account for program
administration, and an expenditure plan for program administration
shall be provided to the Committees on Appropriations of the Senate and
the House of Representatives within 60 days of the date of enactment of
this Act: Provided further, That for grants under paragraphs (1)
through (5), the applications for grants shall be made available to
eligible applicants not later than 25 days after the date of enactment
of this Act, that eligible applicants shall submit applications not
later than 90 days after the grant announcement, and that the
Administrator of the Federal Emergency Management Agency shall act
within 90 days after receipt of an application: Provided further, That
for grants under paragraphs (6) through (10) and (12), the applications
for grants shall be made available to eligible applicants not later
than 30 days after the date of enactment of this Act, that eligible
applicants shall submit applications within 45 days after the grant
announcement, and that the Federal Emergency Management Agency shall
act not later than 60 days after receipt of an application: Provided
further, That for grants under paragraphs (1) and (2), the installation
of communications towers is not considered construction of a building
or other physical facility: Provided further, That grantees shall
provide reports on their use of funds, as determined necessary by the
Secretary: Provided further, That (a) the Center for Domestic
Preparedness may provide training to emergency response providers from
the Federal Government, foreign governments, or private entities, if
the Center for Domestic Preparedness is reimbursed for the cost of such
training, and any reimbursement under this subsection shall be credited
to the account from which the expenditure being reimbursed was made and
shall be available, without fiscal year limitation, for the purposes
for which amounts in the account may be expended, (b) the head of the
Center for Domestic Preparedness shall ensure that any training
provided under (a) does not interfere with the primary mission of the
Center to train State and local emergency response providers: Provided
further, That the Government Accountability Office shall report to the
Committees on Appropriations of the Senate and the House of
Representatives regarding the data, assumptions, and methodology that
the Department of Homeland Security uses to assess risk and allocate
grants under the Urban Area Security Initiative and State Homeland
Security Grant Program not later than 45 days after the date of
enactment of this Act: Provided further, That the report shall include
an assessment of the reliability and validity of the data used, the
basis for the assumptions used, how the methodology is applied to
determine the risk scores for individual locations, an analysis of the
usefulness of placing States and cities into tier groups, and the
allocation of grants to eligible locations: Provided further, That the
Department provide the Government Accountability Office with the actual
data that the Department used for its risk assessment and grant
allocation: Provided further, That the Department provide the
Government Accountability Office with access to all data needed for its
analysis and report, including specifics on all changes for the fiscal
year 2009 process, including, but not limited to, all changes in data,
assumptions, and weights used in methodology within 7 days after the
date of enactment of this Act: Provided further, That any subsequent
changes made regarding the risk methodology after the initial
information is provided to the Government Accountability Office shall
be provided within 7 days after the change is made.

Firefighter Assistance Grants

For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$775,000,000, of which $565,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $210,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2010: Provided, That not to exceed
5 percent of the amount available under this heading shall be available
for program administration, and an expenditure plan for program
administration shall be provided to the Committees on Appropriations of
the Senate and the House of Representatives within 60 days of the date
of enactment of this Act.

emergency management performance grants

For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $315,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total amount
appropriated under this heading.

Radiological Emergency Preparedness Program

The aggregate charges assessed during fiscal year 2009, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2009, and remain
available until expended.

united states fire administration

For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,979,000.

disaster relief

(including transfer of funds)

For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,400,000,000, to remain available until expended: Provided, That the
Federal Emergency Management Agency shall submit an expenditure plan to
the Committees on Appropriations of the Senate and the House of
Representatives detailing the use of the funds for disaster readiness
and support within 60 days after the date of enactment of this Act:
Provided further, That the Federal Emergency Management Agency shall
provide a quarterly report detailing obligations against the
expenditure plan and a justification for any changes in spending:
Provided further, That of the total amount provided, $16,000,000 shall
be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to disasters,
subject to section 503 of this Act: Provided further, That up to
$105,600,000 may be transferred to Federal Emergency Management Agency
``Management and Administration'' for management and administration
functions: Provided further, That the amount provided in the previous
proviso shall not be available for transfer to ``Management and
Administration'' until the Federal Emergency Management Agency submits
an implementation plan to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That the
Federal Emergency Management Agency shall submit the monthly ``Disaster
Relief'' report, as specified in Public Law 110-161, to the Committees
on Appropriations of the Senate and the House of Representatives, and
include the amounts provided to each Federal agency for mission
assignments: Provided further, That for any request for reimbursement
from a Federal agency to the Department of Homeland Security to cover
expenditures under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), or any mission assignment
orders issued by the Department for such purposes, the Secretary of
Homeland Security shall take appropriate steps to ensure that each
agency is periodically reminded of Department policies on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.

Disaster Assistance Direct Loan Program Account

For activities under section 319 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for
the cost of direct loans: Provided, That gross obligations for the
principal amount of direct loans shall not exceed $25,000,000: Provided
further, That the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).

flood map modernization fund

For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such
additional sums as may be provided by State and local governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain
available until expended: Provided, That total administrative costs
shall not exceed 3 percent of the total amount appropriated under this
heading.

National Flood Insurance Fund

For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $156,599,000, which shall be derived from
offsetting collections assessed and collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), which is
available as follows: (1) not to exceed $49,418,000 for salaries and
expenses associated with flood mitigation and flood insurance
operations; and (2) no less than $107,181,000 for flood plain
management and flood mapping, which shall remain available until
September 30, 2010: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4015(d)) shall be credited as an offsetting collection to
this account, to be available for flood plain management and flood
mapping: Provided further, That in fiscal year 2009, no funds shall be
available from the National Flood Insurance Fund under section 1310 of
that Act (42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating
expenses; (2) $869,905,000 for commissions and taxes of agents; (3)
such sums as are necessary for interest on Treasury borrowings; and (4)
$125,700,000, which shall remain available until expended for flood
mitigation actions, of which $80,000,000 is for severe repetitive loss
properties under section 1361A of the National Flood Insurance Act of
1968 (42 U.S.C. 4102a), of which $10,000,000 is for repetitive
insurance claims properties under section 1323 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4030), and of which $35,700,000 is for
flood mitigation assistance under section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs
(B) and (C) of subsection (b)(3) and subsection (f) of section 1366 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and
notwithstanding subsection (a)(7) of section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017): Provided further, That amounts
collected under section 102 of the Flood Disaster Protection Act of
1973 and section 1366(i) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to supplement
other amounts specified as available for section 1366 of the National
Flood Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8),
4104c(i), and 4104d(b)(2)-(3): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation.

national predisaster mitigation fund

For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $90,000,000, to remain available until expended and as
detailed in the statement accompanying this Act: Provided, That the
total administrative costs associated with such grants shall not exceed
3 percent of the total amount made available under this heading.

emergency food and shelter

To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $200,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading.

Cerro Grande Fire Claims

(rescission of funds)

Of the funds made available under this heading for obligation in
prior years, $9,000,000 are rescinded.

TITLE IV

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

United States Citizenship and Immigration Services

For necessary expenses for citizenship and immigration services,
$101,740,000, of which $100,000,000 is for the E-Verify program to
assist United States employers with maintaining a legal workforce:
Provided, That notwithstanding any other provision of law, funds
available to United States Citizenship and Immigration Services may be
used to acquire, operate, equip, dispose of and replace up to five
vehicles, of which two are for replacement only, for areas where the
Administrator of General Services does not provide vehicles for lease:
Provided further, That the Director of United States Citizenship and
Immigration Services may authorize employees who are assigned to those
areas to use such vehicles between the employees' residences and places
of employment.

Federal Law Enforcement Training Center

salaries and expenses

For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $246,530,000, of which up to $48,611,000 shall
remain available until September 30, 2010, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended for Federal law enforcement
agencies participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for the needs
of participating agencies; and of which not to exceed $12,000 shall be
for official reception and representation expenses: Provided, That the
Center is authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by the
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note), as amended by Public Law 110-161 (121 Stat.
2068), is further amended by striking ``December 31, 2010'' and
inserting ``December 31, 2011'': Provided further, That the Federal Law
Enforcement Training Accreditation Board, including representatives
from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training, shall lead
the Federal law enforcement training accreditation process to continue
the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors: Provided further, That the Director of the Federal Law
Enforcement Training Center shall schedule basic or advanced law
enforcement training, or both, at all four training facilities under
the control of the Federal Law Enforcement Training Center to ensure
that such training facilities are operated at the highest capacity
throughout the fiscal year.

Acquisitions, Construction, Improvements, and Related Expenses

For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $86,456,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities: Provided further, That $3,000,000 is for
construction of training and related facilities at Artesia, New Mexico.

Science and Technology

Management and Administration

For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $132,100,000: Provided,
That not to exceed $10,000 shall be for official reception and
representation expenses.

research, development, acquisition, and operations

For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.); $800,487,000, to remain
available until expended: Provided, That not less than $27,000,000
shall be available for the Southeast Region Research Initiative at the
Oak Ridge National Laboratory: Provided further, That not less than
$3,000,000 shall be available for Distributed Environment for Critical
Infrastructure Decisionmaking Exercises: Provided further, That of the
amount provided, $25,000,000 is for construction expenses of the
Pacific Northwest National Laboratory: Provided further, That not less
than $11,000,000 shall be available for the National Institute for
Hometown Security: Provided further, That not less than $2,000,000
shall be available for the Naval Postgraduate School: Provided further,
That not less than $2,000,000 shall be available to establish a
homeland security research, development, and manufacturing pilot
project: Provided further, That none of the funds made available under
this heading shall be obligated for a follow-on program to the
Analysis, Dissemination, Visualization, Insight, and Semantic
Enhancement program: Provided further, That none of the funds available
under this heading shall be obligated for construction of a National
Bio and Agro-defense Facility located on the United States mainland
until the Secretary of Homeland Security completes a risk assessment of
whether foot-and-mouth disease work can be done safely on the United
States mainland and this assessment is reviewed by the Government
Accountability Office: Provided further, That the Government
Accountability Office shall complete its review within 6 months after
the Department concludes the risk assessment.

Domestic Nuclear Detection Office

management and administration

For salaries and expenses of the Domestic Nuclear Detection Office
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) for management and administration of programs and
activities, $37,500,000: Provided, That not to exceed $3,000 shall be
for official reception and representation expenses.

Research, Development, and Operations

For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $323,200,000, to
remain available until expended.

Systems Acquisition

For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $153,491,000, to remain
available until September 30, 2011: Provided, That none of the funds
appropriated under this heading shall be obligated for full-scale
procurement of Advanced Spectroscopic Portal monitors until the
Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a report
certifying that a significant increase in operational effectiveness
will be achieved: Provided further, That the Secretary shall submit
separate and distinct certifications prior to the procurement of
Advanced Spectroscopic Portal monitors for primary and secondary
deployment that address the unique requirements for operational
effectiveness of each type of deployment: Provided further, That the
Secretary shall consult with the National Academy of Sciences before
making such certifications: Provided further, That none of the funds
appropriated under this heading shall be used for high-risk concurrent
development and production of mutually dependent software and hardware.

TITLE V

GENERAL PROVISIONS

(including rescissions of funds)

Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502.  Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department 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
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program, project, or activity; (2) eliminates a program,
project, office, or activity; (3) increases funds for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific
activity by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or (5) contracts
out any function 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 Department
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 accompanying
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 specified 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 Capital 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 Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts 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 Emergency Management
Agency shall brief the Committees on Appropriations 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 Program; Urban Area Security Initiative; and
the Regional Catastrophic 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
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
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 development of a proposed
prospectus.
Sec. 510.  Sections 519, 520, 522, 528, 530, and 531 of the
Department of Homeland Security Appropriations Act, 2008 (division 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
contravention 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 implementation,
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 Government
Accountability Office reports, to the Committees on Appropriations 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 certification, and
periodically thereafter, if necessary, until the Government
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 methodology 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 carriers,
or reservation systems may be used to screen aviation passengers, 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 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 Management 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 Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, 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 passenger
aircraft to the greatest extent practicable at each airport until
technologies developed under subsection (a) are available.
(c) The Assistant Secretary of Homeland Security (Transportation
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 Appropriations 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 Transportation
Security Administration ``Aviation Security'', ``Administration'' 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 available until
expended for the Replacement Patrol Boat (FRC-B) program.
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
laws, including all applicable privacy and civil liberties
standards; 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 conducted 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 Appropriations 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 Operation 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).
(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 Property 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 General shall review selected
contracts awarded in the previous fiscal year through other than full
and open competition: Provided further, That in determining 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 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
appropriations 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 Department's primary data storage
center at the highest capacity throughout 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 Documentation 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 Security that are not
verified through the basic pilot program under 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 transporting 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 authorized
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 Governmental 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 subsection (a)
any data that the Administrator determines would compromise 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 liquidate the Plum Island asset by directing
the Administrator of General Services to 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:
Provided further, That after the completion of construction and
environmental remediation, the unexpended balances of funds
appropriated for costs in the preceding proviso shall be available for
transfer to the appropriate account for design and construction of a
consolidated Department of Homeland Security Headquarters project,
excluding daily operations and maintenance costs, notwithstanding
section 503 of this Act, and the Committees on Appropriations of the
Senate and the House of Representatives shall be notified 15 days prior
to such transfer.
Sec. 541.  Any official that is required by this Act to report or
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 542.  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 31 U.S.C. 9703.2(g)(4)(B)
from the Department of the Treasury Forfeiture Fund to any agency
within the Department of Homeland Security: Provided, 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. 543.  Section 520 of Public Law 108-90 (6 U.S.C. 469) is
amended--
(1) by inserting ``(a) Fees.--'' before ``For fiscal year 2004
and thereafter''; and
(2) by adding at the end the following:
``(b) Recurrent Training of Aliens in Operation of Aircraft.--
``(1) Process for reviewing threat assessments.--
Notwithstanding section 44939(e) of title 49, United States Code,
the Secretary shall establish a process to ensure that an alien (as
defined in section 101(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(3)) applying for recurrent training in the
operation of any aircraft is properly identified and has not, since
the time of any prior threat assessment conducted pursuant to
section 44939(a) of such title, become a risk to aviation or
national security.
``(2) Interruption of training.--If the Secretary determines,
in carrying out the process established under paragraph (1), that
an alien is a present risk to aviation or national security, the
Secretary shall immediately notify the person providing the
training of the determination and that person shall not provide the
training or if such training has commenced that person shall
immediately terminate the training.
``(3) Fees.--The Secretary may charge reasonable fees under
subsection (a) for providing credentialing and background
investigations for aliens in connection with the process for
recurrent training established under paragraph (1). Such fees shall
be promulgated by notice in the Federal Register.''.
Sec. 544. (a) Not later than six months from the date of enactment
of this Act, the Secretary of Homeland Security shall consult with the
Secretaries of Defense and Transportation and develop a concept of
operations for unmanned aerial systems in the United States national
airspace system for the purposes of border and maritime security
operations.
(b) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the date of enactment of
this Act on any foreseeable challenges to complying with subsection
(a).
Sec. 545.  If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an airport
does not need to participate in the basic pilot program, the Assistant
Secretary shall certify to the Committees on Appropriations of the
Senate and the House of Representatives that no security risks will
result by such non-participation.
Sec. 546. Notwithstanding any other provision of law, and not later
than 30 days after the date of submission of a request for a single
payment, the President shall provide a single payment for any eligible
costs under section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) for any police station, fire
station, or criminal justice facility that was damaged by Hurricane
Katrina of 2005 or Hurricane Rita of 2005: Provided, That the President
shall not reduce the amount of assistance provided under section
406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172(c)(1)) for such facilities: Provided
further, That nothing in the previous proviso may be construed to alter
the appeal or review process relating to assistance provided under
section 406 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172): Provided further, That the President
shall not reduce the amount of assistance provided to a local
government under section 406(d) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172(d)) more than once
for each such type of facility for which that local government is
receiving assistance under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act relating to Hurricane
Katrina of 2005 or Hurricane Rita of 2005.
Sec. 547. For grants to States pursuant to section 204(a) of the
REAL ID Act of 2005 (division B of Public Law 109-13), $50,000,000, to
remain available until expended. In addition, for developing an
information sharing and verification capability with States to support
implementation of the REAL ID Act, $50,000,000, to remain available
until expended: Provided, That none of the funds provided in this
section for development of the information sharing and verification
system shall be available to create any new system of records from the
data accessible by such information technology system, or to create any
means of access by Federal agencies to such information technology
system other than to fulfill responsibilities pursuant to the REAL ID
Act of 2005.
Sec. 548. Notwithstanding any other provision of law, the Federal
Emergency Management Agency shall reimburse Jones County and Harrison
County in the State of Mississippi under section 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173)
for unreimbursed costs relating to the removal of debris that were
incurred by such counties as a result of Hurricane Katrina in 2005.
Sec. 549. From the unobligated balances of prior year
appropriations made available for Transportation Security
Administration, $31,000,000 are rescinded: Provided, That the
Transportation Security Administration shall not rescind any
unobligated balances from the following programs: screener partnership
program; explosives detection systems; checkpoint support; aviation
regulation and other enforcement; air cargo; and air cargo research and
development.
Sec. 550. From the unobligated balances of prior year
appropriations made available for ``Analysis and Operations'',
$21,373,000 are rescinded.
Sec. 551. From unobligated balances of prior year appropriations
made available for Coast Guard ``Acquisition, Construction, and
Improvements'', $20,000,000 are rescinded: Provided, That no funds
shall be rescinded from prior year appropriations provided for the
National Security Cutter or the Maritime Patrol Aircraft: Provided
further, That the Coast Guard shall submit notification in accordance
with section 503 of this Act listing projects for which funding will be
rescinded.
Sec. 552. For fiscal year 2008, funds made available for Federal
Emergency Management Agency ``National Predisaster Mitigation Fund''
shall be provided as detailed in the explanatory statement accompanying
Public Law 110-161.
Sec. 553. Section 203(m) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``September 30, 2008'' and inserting ``September 30, 2009''.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2009''.

DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009

That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2009, and for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE

Military Construction, Army

(including rescissions of funds)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $4,692,648,000, to remain
available until September 30, 2013: Provided, That of this amount, not
to exceed $178,685,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That the amount appropriated in
this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Military Construction, Army'',
and under the headings ``Army'' in the table entitled ``Military
Construction'', in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That of the funds appropriated for ``Military Construction,
Army'' under Public Law 110-5, $34,720,000 are hereby rescinded:
Provided further, That of the funds appropriated for ``Military
Construction, Army'' under Public Law 110-161, $16,600,000 are hereby
rescinded.

Military Construction, Navy and Marine Corps

For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $3,333,369,000, to remain available until September 30,
2013: Provided, That of this amount, not to exceed $246,528,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That the amount appropriated in this paragraph shall be for
the projects and activities, and in the amounts, specified under the
heading ``Military Construction, Navy and Marine Corps'', and under the
headings ``Navy'' in the table entitled ``Military Construction'', in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).

Military Construction, Air Force

(including rescission of funds)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,117,746,000, to remain available until September 30, 2013:
Provided, That of this amount, not to exceed $93,436,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That the amount appropriated in this paragraph shall be for
the projects and activities, and in the amounts, specified under the
heading ``Military Construction, Air Force'', and under the headings
``Air Force'' in the table entitled ``Military Construction'', in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of the
funds appropriated for ``Military Construction, Air Force'' under
Public Law 110-161, $20,821,000 are hereby rescinded.

Military Construction, Defense-Wide

(including transfer and rescission of funds)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$1,695,204,000, to remain available until September 30, 2013: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further, That of
the amount appropriated, not to exceed $186,060,000 shall be available
for study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That the
amount appropriated in this paragraph shall be for the projects and
activities, and in the amounts, specified under the heading ``Military
Construction, Defense-Wide'', and under the headings ``Defense-Wide''
in the table entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That of the funds
appropriated for ``Military Construction, Defense-Wide'' under Public
Law 108-324, $3,589,000 are hereby rescinded: Provided further, That
none of the funds appropriated under this heading may be obligated or
expended for site activation or construction of a long-range missile
defense system in a European country until the government of the
country in which such missile defense system (including interceptors
and associated radars) is proposed to be deployed has given final
approval (including parliamentary ratification) to any missile defense
agreements negotiated between such government and the United States
Government concerning the proposed deployment of such components in
such country.

Military Construction, Army National Guard

(including rescission of funds)

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $736,317,000, to remain available until September
30, 2013: Provided, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts, specified
under the heading ``Military Construction, Army National Guard'', and
under the headings ``Army National Guard'' in the table entitled
``Military Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That of the funds appropriated for ``Military
Construction, Army National Guard'' under Public Law 110-161,
$1,400,000 are hereby rescinded.

Military Construction, Air National Guard

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $242,924,000, to remain available until September
30, 2013: Provided, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts, specified
under the heading ``Military Construction, Air National Guard'', and
under the headings ``Air National Guard'' in the table entitled
``Military Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).

Military Construction, Army Reserve

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $282,607,000, to
remain available until September 30, 2013: Provided, That the amount
appropriated in this paragraph shall be for the projects and
activities, and in the amounts, specified under the heading ``Military
Construction, Army Reserve'', and under the headings ``Army Reserve''
in the table entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).

Military Construction, Navy Reserve

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $57,045,000, to remain available until September
30, 2013: Provided, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts, specified
under the heading ``Military Construction, Navy Reserve'', and under
the headings ``Navy Reserve'' in the table entitled ``Military
Construction'', in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).

Military Construction, Air Force Reserve

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $36,958,000, to
remain available until September 30, 2013: Provided, That the amount
appropriated in this paragraph shall be for the projects and
activities, and in the amounts, specified under the heading ``Military
Construction, Air Force Reserve'', and under the headings ``Air Force
Reserve'' in the table entitled ``Military Construction'', in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).

North Atlantic Treaty Organization

Security Investment Program

For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $230,867,000, to remain available until expended.

Family Housing Construction, Army

For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $646,580,000, to remain available
until September 30, 2013: Provided, That the amount appropriated in
this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Family Housing Construction,
Army'', and under the heading ``Family Housing Construction, Army'' in
the table entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).

Family Housing Operation and Maintenance, Army

For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $716,110,000.

Family Housing Construction, Navy and Marine Corps

For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $380,123,000, to
remain available until September 30, 2013: Provided, That the amount
appropriated in this paragraph shall be for the projects and
activities, and in the amounts, specified under the heading ``Family
Housing Construction, Navy and Marine Corps'', and under the heading
``Family Housing Construction, Navy and Marine Corps'' in the table
entitled ``Military Construction'', in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).

Family Housing Operation and Maintenance, Navy and Marine Corps

For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $376,062,000.

Family Housing Construction, Air Force

For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $395,879,000, to remain available
until September 30, 2013:  Provided, That the amount appropriated in
this paragraph shall be for the projects and activities, and in the
amounts, specified under the heading ``Family Housing Construction, Air
Force'', and under the heading ``Family Housing Construction, Air
Force'' in the table entitled ``Military Construction'', in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).

Family Housing Operation and Maintenance, Air Force

For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $594,465,000.

Family Housing Operation and Maintenance, Defense-Wide

For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $49,231,000.

Department of Defense Family Housing Improvement Fund

For the Department of Defense Family Housing Improvement Fund,
$850,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.

Homeowners Assistance Fund

For the Homeowners Assistance Fund established by section 1013 of
the Demonstration Cities and Metropolitan Development Act of 1966, as
amended (42 U.S.C. 3374), $4,500,000, to remain available until
expended.

Chemical Demilitarization Construction, Defense-Wide

For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law,
$144,278,000, to remain available until September 30, 2013, which shall
be only for the Assembled Chemical Weapons Alternatives program:
Provided, That the amount appropriated in this paragraph shall be for
the projects and activities, and in the amounts, specified under the
heading ``Chemical Demilitarization Construction, Defense-Wide'' in the
table entitled ``Military Construction'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).

Department of Defense Base Closure Account 1990

For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $458,377,000, to remain
available until expended.

Department of Defense Base Closure Account 2005

For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $8,765,613,000, to
remain available until expended: Provided, That the Department of
Defense shall notify the Committees on Appropriations of both Houses of
Congress 14 days prior to obligating an amount for a construction
project that exceeds or reduces the amount identified for that project
in the most recently submitted budget request for this account by 20
percent or $2,000,000, whichever is less: Provided further, That the
previous proviso shall not apply to projects costing less than
$5,000,000, except for those projects not previously identified in any
budget submission for this account and exceeding the minor construction
threshold under 10 U.S.C. 2805.

Administrative Provisions

Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Sea, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Sea, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided, That
this section shall not be applicable to contract awards for which the
lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of the plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary or
permanent, are anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last two months of the fiscal year.

(including transfer of funds)

Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
Sec. 118. (a) The Secretary of Defense, in consultation with the
Secretary of State, shall submit to the Committees on Appropriations of
both Houses of Congress, by February 15 of each year, an annual report
in unclassified and, if necessary, classified form, on actions taken by
the Department of Defense and the Department of State during the
previous fiscal year to encourage host countries to assume a greater
share of the common defense burden of such countries and the United
States.
(b) The report under subsection (a) shall include a description
of--
(1) attempts to secure cash and in-kind contributions from host
countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of the
United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise imparted to
host countries upon the cessation of United States operations at
military installations;
(4) the amount spent by host countries on defense, in dollars
and in terms of the percent of gross domestic product (GDP) of the
host country; and
(5) for host countries that are members of the North Atlantic
Treaty Organization (NATO), the amount contributed to NATO by host
countries, in dollars and in terms of the percent of the total NATO
budget.
(c) In this section, the term ``host country'' means other member
countries of NATO, Japan, South Korea, and United States allies
bordering the Arabian Sea.

(including transfer of funds)

Sec. 119. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.

(including transfer of funds)

Sec. 120. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883, of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
Sec. 121. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for military family
housing the Secretary of the military department concerned shall submit
to the Committees on Appropriations of both Houses of Congress the
notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under the
contract involved in the event of--
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at such
installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood, if any, of
the liability of the Federal Government with respect to the guarantee.

(including transfer of funds)

Sec. 122. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program. Any amounts
transferred shall be merged with and be available for the same purposes
and for the same time period as the fund to which transferred.
Sec. 123. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification to the Committees on Appropriations
of both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 124. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.

(including transfer of funds)

Sec. 125. None of the funds made available in this title, or in any
Act making appropriations for military construction which remain
available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at
or for a military installation approved for closure, or at a military
installation for the purposes of supporting a function that has been
approved for realignment to another installation, in 2005 under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
military installation approved for realignment will support a
continuing mission or function at that installation or a new mission or
function that is planned for that installation, or unless the Secretary
of Defense certifies that the cost to the United States of carrying out
such project would be less than the cost to the United States of
cancelling such project, or if the project is at an active component
base that shall be established as an enclave or in the case of projects
having multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary of
Defense may not transfer funds made available as a result of this
limitation from any military construction project, land acquisition, or
family housing project to another account or use such funds for another
purpose or project without the prior approval of the Committees on
Appropriations of both Houses of Congress. This section shall not apply
to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional defense
committees within seven days of a decision to carry out such a military
construction project.

(including transfer of funds)

Sec. 126. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 127. None of the funds appropriated or otherwise made
available in this title may be used for any action that is related to
or promotes the expansion of the boundaries or size of the Pinon Canyon
Maneuver Site, Colorado.
Sec. 128. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within that account in accordance with
the reprogramming guidelines for military construction and family
housing construction contained in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), and in the guidance for military construction reprogrammings and
notifications contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of December 1996, as in
effect on the date of enactment of this Act.

(including transfer of funds)

Sec. 129. (a) Of the amount appropriated or otherwise made
available by this Act for the Department of Defense under the heading
``Military Construction, Air Force'' and available for planning and
design, the Secretary of the Air Force shall, in accordance with
section 1535 of title 31, United States Code, transfer $500,000 to the
American Battle Monuments Commission to conduct an engineering study on
the restoration of the Lafayette Escadrille Memorial in Marnes-La-
Coquette, France.
(b) The study conducted pursuant to subsection (a) shall include:
(1) an estimate of costs to be incurred to restore the
structure, features, landscaped grounds and caretaker's quarters of
the Lafayette Escadrille Memorial to standards similar to memorials
and burial grounds administered by the American Battle Monuments
Commission; and
(2) an estimate of annual costs for the long-term preservation,
maintenance, and operation of the memorial under those standards.
(c) The amount transferred under subsection (a) shall remain
available until expended.
Sec. 130. Of the funds provided for ``Family Housing Construction,
Defense-Wide'' under Public Law 110-5, $6,040,000 are hereby rescinded.
Sec. 131. In addition to amounts otherwise appropriated or made
available under the heading ``Military Construction, Air National
Guard'', there is hereby appropriated an additional $28,000,000, to
remain available until September 30, 2013, for the construction of Air
National Guard fire stations: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to carry out
planning and design and construction not otherwise authorized by law:
Provided further, That within 30 days of enactment of this Act, and
prior to obligation of funds, the Air National Guard shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 132. In addition to amounts otherwise appropriated or made
available under the heading ``Military Construction, Army National
Guard'', there is hereby appropriated an additional $147,000,000 to
remain available until September 30, 2013, for the construction of
facilities consistent with Army National Guard emerging requirements:
Provided, That notwithstanding any other provision of law, such funds
may be obligated and expended to carry out planning and design and
construction not otherwise authorized by law: Provided further, That
within 30 days of enactment of this Act, and prior to obligation of
funds, the Director of the Army National Guard shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.

TITLE II

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

compensation and pensions

(including transfer of funds)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$43,111,681,000, to remain available until expended: Provided, That not
to exceed $26,798,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'', ``Medical
support and compliance'', and ``Information technology systems'' for
necessary expenses in implementing the provisions of chapters 51, 53,
and 55 of title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical care
collections fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.

readjustment benefits

For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 51, 53, 55, and 61 of title 38, United States Code,
$3,832,944,000, to remain available until expended: Provided, That
expenses for rehabilitation program services and assistance which the
Secretary is authorized to provide under subsection (a) of section 3104
of title 38, United States Code, other than under paragraphs (1), (2),
(5), and (11) of that subsection, shall be charged to this account.

veterans insurance and indemnities

For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by title 38, United
States Code, chapters 19 and 21, $42,300,000, to remain available until
expended.

Veterans Housing Benefit Program Fund

For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 2009, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $157,210,000.

Vocational Rehabilitation Loans Program Account

(including transfer of funds)

For the cost of direct loans, $61,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$3,180,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $320,000, which may be paid to the appropriation
for ``General operating expenses''.

native american veteran housing loan program account

For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $646,000.

guaranteed transitional housing loans for homeless veterans program
account

For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI of
chapter 20 of title 38, United States Code, not to exceed $750,000 of
the amounts appropriated by this Act for ``General operating expenses''
and ``Medical support and compliance'' may be expended.

Veterans Health Administration

medical services

(including transfer of funds)

For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, food services, and salaries
and expenses of health-care employees hired under title 38, United
States Code, and aid to State homes as authorized by section 1741 of
title 38, United States Code; $30,969,903,000, plus reimbursements, of
which not less than $3,800,000,000 shall be expended for specialty
mental health care and of which $250,000,000 shall be for establishment
and implementation of a new rural health outreach and delivery
initiative: Provided, That of the funds made available under this
heading, not to exceed $1,600,000,000 shall be available until
September 30, 2010: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans who have
service-connected disabilities, lower income, or have special needs:
Provided further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions
based on requirements established by the Secretary: Provided further,
That the implementation of the program described in the previous
proviso shall incur no additional cost to the Department of Veterans
Affairs: Provided further, That for the Department of Defense/
Department of Veterans Affairs Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States Code, a
minimum of $15,000,000, to remain available until expended, for any
purpose authorized by section 8111 of title 38, United States Code.

medical support and compliance

For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.):
$4,450,000,000, plus reimbursements, of which $250,000,000 shall be
available until September 30, 2010.

medical facilities

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition, construction,
and renovation of any facility under the jurisdiction or for the use of
the Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing, altering,
improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and purchase
of materials; for leases of facilities; and for laundry services,
$5,029,000,000, plus reimbursements, of which $350,000,000 shall be
available until September 30, 2010: Provided, That $300,000,000 for
non-recurring maintenance provided under this heading shall be
allocated in a manner not subject to the Veterans Equitable Resource
Allocation.

medical and prosthetic research

For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $510,000,000, plus reimbursements, to
remain available until September 30, 2010.

National Cemetery Administration

For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $230,000,000, of which not to exceed
$23,000,000 shall be available until September 30, 2010.

Departmental Administration

general operating expenses

For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $1,801,867,000: Provided, That expenses for
services and assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That the Veterans Benefits Administration
shall be funded at not less than $1,466,095,000: Provided further, That
of the funds made available under this heading, not to exceed
$83,000,000 shall be available for obligation until September 30, 2010:
Provided further, That from the funds made available under this
heading, the Veterans Benefits Administration may purchase (on a one-
for-one replacement basis only) up to two passenger motor vehicles for
use in operations of that Administration in Manila, Philippines.

Information Technology Systems

For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$2,489,391,000, plus reimbursements, to be available until September
30, 2010: Provided, That of the funds made available under this
heading, not less than $48,000,000 shall be for the Financial and
Logistics Integrated Technology Enterprise program: Provided further,
That none of these funds may be obligated until the Department of
Veterans Affairs submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget; (2)
complies with the Department of Veterans Affairs enterprise
architecture; (3) conforms with an established enterprise life cycle
methodology; and (4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the Federal
Government: Provided further, That within 30 days of enactment of this
Act, the Secretary of Veterans Affairs shall submit to the Committees
on Appropriations of both Houses of Congress a reprogramming base
letter which provides, by project, the costs included in this
appropriation.

office of inspector general

For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $87,818,000, of which
$5,000,000 shall be available until September 30, 2010.

construction, major projects

For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, and 8122 of title 38, United States Code, including
planning, architectural and engineering services, construction
management services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated cost of a
project is more than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, or where funds for a project were made
available in a previous major project appropriation, $923,382,000, to
remain available until expended, of which $10,000,000 shall be to make
reimbursements as provided in section 13 of the Contract Disputes Act
of 1978 (41 U.S.C. 612) for claims paid for contract disputes:
Provided, That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and funds provided
for the purchase of land for the National Cemetery Administration
through the land acquisition line item, none of the funds appropriated
under this heading shall be used for any project which has not been
approved by the Congress in the budgetary process: Provided further,
That funds provided in this appropriation for fiscal year 2009, for
each approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2009; and (2) by the
awarding of a construction contract by September 30, 2010: Provided
further, That the Secretary of Veterans Affairs shall promptly submit
to the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That of the amount appropriated in this
paragraph, $923,382,000 shall be for the projects and activities, and
in the amounts, specified under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).

construction, minor projects

For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where
the estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$741,534,000, to remain available until expended, along with
unobligated balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds in this account shall be available
for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes: Provided further: That $7,000,000
of the amount appropriated in this paragraph shall be for the
installation of alternative fueling stations at 35 medical facility
campuses.

grants for construction of state extended care facilities

For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $175,000,000, to remain
available until expended.

grants for construction of state veterans cemeteries

For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section 2408 of
title 38, United States Code, $42,000,000, to remain available until
expended.

Administrative Provisions

(including transfer of funds)

Sec. 201. Any appropriation for fiscal year 2009 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.

(including transfer of funds)

Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2009, in this Act or any other Act, under the
``Medical services'', ``Medical support and compliance'', and ``Medical
facilities'' accounts may be transferred among the accounts to the
extent necessary to implement the restructuring of the Veterans Health
Administration accounts: Provided, That any transfers between the
``Medical services'' and ``Medical support and compliance'' accounts of
1 percent or less of the total amount appropriated to the account in
this or any other Act may take place subject to notification from the
Secretary of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical services''
and ``Medical support and compliance'' accounts in excess of 1 percent,
or exceeding the cumulative 1 percent for the fiscal year, may take
place only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That any
transfers to or from the ``Medical facilities'' account may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code, hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2008.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and pensions''.

(including transfer of funds)

Sec. 208. Notwithstanding any other provision of law, during fiscal
year 2009, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
Life Insurance Fund (38 U.S.C. 1923), and the United States Government
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' and ``Information technology systems'' accounts for the cost
of administration of the insurance programs financed through those
accounts: Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program during fiscal
year 2009 that are available for dividends in that program after claims
have been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent of such
surplus earnings: Provided further, That the Secretary shall determine
the cost of administration for fiscal year 2009 which is properly
allocable to the provision of each such insurance program and to the
provision of any total disability income insurance included in that
insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.

(including transfer of funds)

Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication
under section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not exceed
$34,158,000 for the Office of Resolution Management and $3,278,000 for
the Office of Employment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General operating expenses'' and
``Information technology systems'' accounts for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be available to
enter into any new lease of real property if the estimated annual
rental is more than $1,000,000 unless the Secretary submits a report
which the Committees on Appropriations of both Houses of Congress
approve within 30 days following the date on which the report is
received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided further,
That any amounts so recovered for care or services provided in a prior
fiscal year may be obligated by the Secretary during the fiscal year in
which amounts are received.

(including transfer of funds)

Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, major projects''
and ``Construction, minor projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, major
projects'' and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other expenses
incidental to funerals and burials for beneficiaries receiving care
in the Department.

(including transfer of funds)

Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of that account.
Sec. 216. Notwithstanding any other provision of law, the Secretary
of Veterans Affairs shall allow veterans who are eligible under
existing Department of Veterans Affairs medical care requirements and
who reside in Alaska to obtain medical care services from medical
facilities supported by the Indian Health Service or tribal
organizations. The Secretary shall: (1) limit the application of this
provision to rural Alaskan veterans in areas where an existing
Department of Veterans Affairs facility or Veterans Affairs-contracted
service is unavailable; (2) require participating veterans and
facilities to comply with all appropriate rules and regulations, as
established by the Secretary; (3) require this provision to be
consistent with Capital Asset Realignment for Enhanced Services
activities; and (4) result in no additional cost to the Department of
Veterans Affairs or the Indian Health Service.

(including transfer of funds)

Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds available to the Department of Veterans
Affairs, in this Act, or any other Act, may be used to replace the
current system by which the Veterans Integrated Services Networks
select and contract for diabetes monitoring supplies and equipment.
Sec. 219. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 220. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the financial status of the Veterans Health Administration.

(including transfer of funds)

Sec. 221. Amounts made available under the ``Medical services'',
``Medical support and compliance'', ``Medical facilities'', ``General
operating expenses'', and ``National Cemetery Administration'' accounts
for fiscal year 2009, may be transferred to or from the ``Information
technology systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued.

(including transfer of funds)

Sec. 222. Amounts made available for the ``Information technology
systems'' account may be transferred between projects: Provided, That
no project may be increased or decreased by more than $1,000,000 of
cost prior to submitting a request to the Committees on Appropriations
of both Houses of Congress to make the transfer and an approval is
issued, or absent a response, a period of 30 days has elapsed.

(including transfer of funds)

Sec. 223. Any balances in prior year accounts established for the
payment of benefits under the Reinstated Entitlement Program for
Survivors shall be transferred to and merged with amounts available
under the ``Compensation and pensions'' account, and receipts that
would otherwise be credited to the accounts established for the payment
of benefits under the Reinstated Entitlement Program for Survivors
program shall be credited to amounts available under the ``Compensation
and pensions'' account.
Sec. 224. Section 1710(f)(2)(B) of title 38, United States Code, is
amended by striking ``September 30, 2008,'' and inserting ``September
30, 2009,''.
Sec. 225. Section 1729(a)(2)(E) of title 38, United States Code, is
amended by striking ``October 1, 2008,'' and inserting ``October 1,
2009,''.
Sec. 226. The Department shall continue research into Gulf War
illness at levels not less than those made available in fiscal year
2008, within available funds contained in this Act.
Sec. 227. (a) Upon a determination by the Secretary of Veterans
Affairs that such action is in the national interest, and will have a
direct benefit for veterans through increased access to treatment, the
Secretary of Veterans Affairs may transfer not more than $5,000,000 to
the Secretary of Health and Human Services for the Graduate Psychology
Education Program, which includes treatment of veterans, to support
increased training of psychologists skilled in the treatment of post-
traumatic stress disorder, traumatic brain injury, and related
disorders.
(b) The Secretary of Health and Human Services may only use funds
transferred under this section for the purposes described in subsection
(a).
(c) The Secretary of Veterans Affairs shall notify Congress of any
such transfer of funds under this section.
Sec. 228. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with--
(1) section 842 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 229. The Secretary of Veterans Affairs may carry out a major
medical facility lease in fiscal year 2009 in an amount not to exceed
$12,000,000 to implement the recommendations outlined in the August
2007 Study of South Texas Veterans' Inpatient and Specialty Outpatient
Health Care Needs.
Sec. 230. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2009, in this Act or any other Act,
under the ``Medical Facilities'' account for non-recurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of the fiscal year: Provided, That the
Secretary may waive this requirement after providing written notice to
the Committees on Appropriations of both Houses of Congress.
Sec. 231. Section 2703 of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006
(120 Stat. 469) is amended--
(1) by inserting ``(a)'' before ``Notwithstanding''; and
(2) by adding at the end the following:
``(b) This land shall be owned by the City of Gulfport for no less
than 50 years from the date of enactment of this Act.''.
Sec. 232. None of the funds made available in this Act may be used
to carry out section 111(c)(5) of title 38, United States Code, during
fiscal year 2009.
Sec. 233. Notwithstanding any other provision of law, authority to
carry out activities provided for under section 1703(d)(4) of title 38,
United States Code, shall continue in effect until January 31, 2009,
unless prior to that date, authorization is enacted into law otherwise
extending this authority.
Sec. 234. Notwithstanding any other provision of law, authority to
carry out activities provided for under section 5317(g) of title 38,
United States Code, shall continue in effect until January 31, 2009,
unless prior to that date, authorization is enacted into law otherwise
extending this authority.

TITLE III

RELATED AGENCIES

American Battle Monuments Commission

Salaries and Expenses

For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $59,470,000, to remain available until expended.

foreign currency fluctuations account

For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.

United States Court of Appeals for Veterans Claims

salaries and expenses

For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $30,975,000, of which $1,700,000
shall be available for the purpose of providing financial assistance as
described, and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-229.

Department of Defense--Civil

Cemeterial Expenses, Army

salaries and expenses

For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $36,730,000, to
remain available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement, to be
derived from the Lease of Department of Defense Real Property for
Defense Agencies account.
Funds appropriated under this Act may be provided to Arlington
County, Virginia, for the relocation of the federally owned water main
at Arlington National Cemetery making additional land available for
ground burials.

Armed Forces Retirement Home

trust fund

For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $63,010,000, of which $8,025,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia and the Armed Forces Retirement Home--Gulfport,
Mississippi.

TITLE IV

GENERAL PROVISIONS

Sec. 401.  No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402.  Such sums as may be necessary for fiscal year 2009 for
pay raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 403.  None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 404.  No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 405.  All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 406.  None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 407.  Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies of the Committee
on Appropriations of the House of Representatives and the Subcommittee
on Military Construction, Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 408.  None of the funds made available in this Act may be used
to modify the standards applicable to the determination of the
entitlement of veterans to special monthly pensions under sections
1513(a) and 1521(e) of title 38, United States Code, as in effect
pursuant to the opinion of the United States Court of Appeals for
Veterans Claims in the case of Hartness v. Nicholson (No. 04-0888, July
21, 2006).
Sec. 409. None of the funds made available in this Act may be used
for a project or program named for an individual then serving as a
Member, Delegate, or Resident Commissioner of the United States
Congress.
This division may be cited as the ``Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2009''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.