Text: H.R.2638 — 110th Congress (2007-2008)All Bill Information (Except Text)

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Public Law No: 110-329 (09/30/2008)




[110th Congress Public Law 329]
[From the U.S. Government Printing Office]


[DOCID: f:publ329.110]

[[Page 3573]]

       CONSOLIDATED SECURITY, DISASTER ASSISTANCE, AND CONTINUING 
                        APPROPRIATIONS ACT, 2009

[[Page 122 STAT. 3574]]

Public Law 110-329
110th Congress

                                 An Act


 
 Making appropriations for the Department of Homeland Security for the 
          fiscal year ending September 30, 2008, and for other 
           purposes. <<NOTE: Sept. 30, 2008 -  [H.R. 2638]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Consolidated Security, 
Disaster Assistance, and Continuing Appropriations Act, 
2009.>> 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. <<NOTE: 1 USC 1 note.>> 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 <<NOTE: Continuing Appropriations Resolution, 
2009.>> 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

[[Page 122 STAT. 3575]]

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. <<NOTE: Expiration date.>> 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.

[[Page 122 STAT. 3576]]

    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) <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 3577]]

    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. <<NOTE: Digital converter.>> 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--

[[Page 122 STAT. 3578]]

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. <<NOTE: Applicability.>> 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. <<NOTE: Loans.>> (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) <<NOTE: Deadline. Regulations.>> 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.

[[Page 122 STAT. 3579]]

    ``(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. <<NOTE: Digital television.>> 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.

[[Page 122 STAT. 3580]]

    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. <<NOTE: Pay raise. Applicability. 5 USC 5303 note.>> (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. <<NOTE: Effective date.>> 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) <<NOTE: Applicability.>> The provisions of this section shall 
apply notwithstanding any other provision of this joint resolution.

    Sec. 143. <<NOTE: Applicability.>> 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''.

[[Page 122 STAT. 3581]]

    Sec. 144. <<NOTE: Extension date.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Extension date.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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.

[[Page 122 STAT. 3582]]

    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 <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Effective date.>> 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

[[Page 122 STAT. 3583]]

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. <<NOTE: Stephanie Tubbs Jones.>> 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. <<NOTE: Liberia.>> 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. <<NOTE: Applicability. Israel.>> 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.

[[Page 122 STAT. 3584]]

    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. <<NOTE: Contracts.>> 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. <<NOTE: Mortgages.>> 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''.

[[Page 122 STAT. 3585]]

 DIVISION B--DISASTER <<NOTE: Disaster Relief and Recovery Supplemental 
      Appropriations Act, 2008.>> 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.

[[Page 122 STAT. 3586]]

                       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 <<NOTE: Notification. Deadline.>> 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. <<NOTE: 7 USC 6945.>> (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

[[Page 122 STAT. 3587]]

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. <<NOTE: Applicability.>> Only subsection (c), including the 
notification requirements of such subsection, and subsections (g) and 
(i) apply to amounts described in this subsection.

    (e) Transfer <<NOTE: Certification.>> 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 <<NOTE: Certification.>> 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 <<NOTE: Deadline. Notification.>> 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.

[[Page 122 STAT. 3588]]

    (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.  <<NOTE: Applicability. 7 USC 1531 note.>> 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.

[[Page 122 STAT. 3589]]

              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 <<NOTE: Louisiana.>> 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 <<NOTE: Reports. Deadline.>> 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.

[[Page 122 STAT. 3590]]

                    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 
( <<NOTE: Reports. Deadline.>> 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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: Reports. Deadline.>> 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

[[Page 122 STAT. 3591]]

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, <<NOTE: Expiration date.>> 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 <<NOTE: Waiver authority.>> 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.

[[Page 122 STAT. 3592]]

                      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 <<NOTE: Plan.>> 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 <<NOTE: Grants. Mississippi.>> ``Federal 
Emergency Management Agency--State and Local Programs'', there is 
appropriated an additional $20,000,000, to remain available until 
expended, for a grant

[[Page 122 STAT. 3593]]

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 <<NOTE: Audits.>> appropriation: Provided further, That the 
Comptroller General shall audit the use of these funds by the American 
Red Cross.

    Sec. 10503.  Until <<NOTE: Missouri. Illinois.>> 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.

[[Page 122 STAT. 3594]]

                        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 <<NOTE: Deadlines.>> 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

[[Page 122 STAT. 3595]]

Social Security Act, the distribution of such amount shall be limited to 
States directly affected by these <<NOTE: Criteria. Public 
information.>> 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, <<NOTE: Applicability.>> 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)) <<NOTE: Deadline.>> 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, <<NOTE: Criteria. Public information.>> That 
such payments shall be made in accordance with criteria established by 
the Secretary

[[Page 122 STAT. 3596]]

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 <<NOTE: Deadline.>> 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--

[[Page 122 STAT. 3597]]

                          (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, <<NOTE: Deadline. Expenditure plan.>> 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.

[[Page 122 STAT. 3598]]

          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 <<NOTE: Deadline. Spending plan.>> 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

[[Page 122 STAT. 3599]]

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, <<NOTE: Applicability.>> 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

[[Page 122 STAT. 3600]]

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 <<NOTE: Waiver 
authority.>> 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, <<NOTE: Federal Register, publication. Deadline.>> 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, <<NOTE: Deadline.>> 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 <<NOTE: State and local governments. Plan.>> 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 <<NOTE: Reports. Contracts.>> 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, <<NOTE: Notification. Deadline.>> That the Secretary shall 
notify the Committees on Appropriations of any proposed allocation of

[[Page 122 STAT. 3601]]

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 <<NOTE: Procedures. Reports. Deadline. Fraud.>> 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 <<NOTE: 120 Stat. 
486.>> is amended by inserting ``and nine months'' after ``two years''.

    Sec. 11002.  The <<NOTE: Contracts.>> 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. <<NOTE: Deadline.>> 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 <<NOTE: 119 Stat. 
2781; 121 Stat. 162.>> 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.

[[Page 122 STAT. 3602]]

                      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 <<NOTE: Haiti.>> 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

[[Page 122 STAT. 3603]]

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 <<NOTE: Department of Defense Appropriations Act, 
2009.>> 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

[[Page 122 STAT. 3604]]

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.

[[Page 122 STAT. 3605]]

                      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

[[Page 122 STAT. 3606]]

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

[[Page 122 STAT. 3607]]

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,

[[Page 122 STAT. 3608]]

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,

[[Page 122 STAT. 3609]]

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.

[[Page 122 STAT. 3610]]

         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

[[Page 122 STAT. 3611]]

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

[[Page 122 STAT. 3612]]

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.

[[Page 122 STAT. 3613]]

                    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,

[[Page 122 STAT. 3614]]

$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

[[Page 122 STAT. 3615]]

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 <<NOTE: Deadline. Assessment.>> 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.

[[Page 122 STAT. 3616]]

                                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.

[[Page 122 STAT. 3617]]

                                 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 <<NOTE: Contracts.>> 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 <<NOTE: Waiver 
authority. Certification.>> 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

[[Page 122 STAT. 3618]]

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

[[Page 122 STAT. 3619]]

$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. <<NOTE: 10 USC 1584 note.>> 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 <<NOTE: Wages.>> 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

[[Page 122 STAT. 3620]]

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 <<NOTE: Notification.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Notification.>> 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.

[[Page 122 STAT. 3621]]

    (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 <<NOTE: Applicability.>> Act: 
Provided, That section 8005 shall apply when transfers of the amounts 
described in subsection (a) occur between appropriation accounts.

    Sec. 8007. (a) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Certification.>> 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 <<NOTE: Notification.>> 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. <<NOTE: Notification.>> 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 <<NOTE: Notification. Deadline.>> 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. <<NOTE: Contracts. Notification. Deadline. 10 USC 2306b 
note.>> None of the funds provided in this Act shall be available to 
initiate: (1) a multiyear contract that employs economic

[[Page 122 STAT. 3622]]

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
            (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 <<NOTE: Humanitarian 
assistance. Territories.>> 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

[[Page 122 STAT. 3623]]

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. <<NOTE: Lobbying.>> 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, <<NOTE: Applicability.>> 1987: Provided further, That this 
section applies only to active components of the Army.

    Sec. 8016. <<NOTE: Contracts. Outsourcing.>> (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

[[Page 122 STAT. 3624]]

            (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. <<NOTE: Vessels.>> 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

[[Page 122 STAT. 3625]]

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 <<NOTE: Waiver 
authority. Certification.>> 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. <<NOTE: Ammunition.>> 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 <<NOTE: Waiver 
authority. Certification.>> 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. <<NOTE: Contracts.>> 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 <<NOTE: Applicability.>> 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.

[[Page 122 STAT. 3626]]

    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. <<NOTE: Kuwait.>> 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

[[Page 122 STAT. 3627]]

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) <<NOTE: Reports.>> 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 <<NOTE: Contracts. Applicability.>> 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 <<NOTE: Waiver authority. Certification.>> 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. <<NOTE: 10 USC 101 note.>> 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, <<NOTE: Certification.>> 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. <<NOTE: 41 USC 10b-2 note.>> (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

[[Page 122 STAT. 3628]]

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) <<NOTE: Reports.>> 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. <<NOTE: Housing. Native Americans. State listing.>> (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

[[Page 122 STAT. 3629]]

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) <<NOTE: Federal budget.>> 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, <<NOTE: 50 USC 403u note.>> 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) <<NOTE: Labeling. Fraud.>> 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

[[Page 122 STAT. 3630]]

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. <<NOTE: Contracts.>> 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) <<NOTE: Waiver authority. Certification.>> 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-

[[Page 122 STAT. 3631]]

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. <<NOTE: North Korea.>> 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, <<NOTE: Waiver 
authority. Certification.>> 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. <<NOTE: 10 USC 374 note.>> (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

[[Page 122 STAT. 3632]]

agency of the United States except as specifically provided in an 
appropriations law.

    (b) <<NOTE: 50 USC 403f note.>> 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. <<NOTE: Ball bearings.>> 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 <<NOTE: Waiver authority. Certification.>> 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 <<NOTE: Applicability.>> 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. <<NOTE: Certification.>> 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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Applicability.>> 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.

[[Page 122 STAT. 3633]]

            (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. <<NOTE: Contracts.>> 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

[[Page 122 STAT. 3634]]

        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. <<NOTE: Germany.>> 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 <<NOTE: Waiver authority. Certification.>> 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. <<NOTE: Medical supplies and equipment. American 
Samoa. Native Americans. 10 USC 2241 note.>> 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. <<NOTE: Waiver authority. Contracts.>> (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

[[Page 122 STAT. 3635]]

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) <<NOTE: Applicability.>> 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. <<NOTE: Human rights.>> (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) <<NOTE: Waiver authority.>> 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) <<NOTE: Deadline. Reports.>> 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 <<NOTE: Waiver authority. Certification.>> 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

[[Page 122 STAT. 3636]]

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. <<NOTE: Reports.>> 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, <<NOTE: Waiver authority. Certification.>> 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. <<NOTE: Classified information. Reports. Deadline.>> 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 <<NOTE: Waiver 
authority. Certification.>> 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. <<NOTE: Ammunition.>> 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. <<NOTE: Waiver authority.>> 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

[[Page 122 STAT. 3637]]

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. <<NOTE: Alcohol and alcoholic beverages. State and local 
governments. District of Columbia.>> 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 <<NOTE: Applicability.>> 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, <<NOTE: Contracts. Real property.>> 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. <<NOTE: Applicability. 10 USC 113 note.>> 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 <<NOTE: Grants. Fisher House 
Foundation, Inc.>> expended: Provided, That notwithstanding any other 
provision of law, these funds shall be available only for a grant to the 
Fisher House Foundation,

[[Page 122 STAT. 3638]]

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. <<NOTE: 10 USC 2571 note.>> (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) <<NOTE: Native Americans. Government property.>> 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;

[[Page 122 STAT. 3639]]

    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) <<NOTE: Applicability.>> 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. <<NOTE: Notification.>> 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. <<NOTE: Grants.>> (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

[[Page 122 STAT. 3640]]

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 <<NOTE: Grants.>> 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-

[[Page 122 STAT. 3641]]

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. <<NOTE: Federal budget. 10 USC 221 note.>> 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) <<NOTE: Notification. Deployment.>> 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

[[Page 122 STAT. 3642]]

shall be notified in writing of the expected period during which the 
member will be mobilized.

    (b) <<NOTE: Waiver authority.>> 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, <<NOTE: Notification. Deadline.>> 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) <<NOTE: Contracts. Deadline. Certification.>> 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. <<NOTE: 10 USC 1073 note.>> 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

[[Page 122 STAT. 3643]]

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. <<NOTE: Extension date.>> 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. <<NOTE: Applicability.>> 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

[[Page 122 STAT. 3644]]

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. <<NOTE: Designation. 10 USC 221 note.>> 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. <<NOTE: 10 USC 2302 note.>> 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. <<NOTE: Iraq.>>  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. <<NOTE: Effective date. 50 USC 415a-2.>> 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.

[[Page 122 STAT. 3645]]

            (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. <<NOTE: Contracts. Grants.>> 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 <<NOTE: Applicability.>> 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. <<NOTE: Web site.>> 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. <<NOTE: Deadline. Reports.>> (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) <<NOTE: Certification.>> 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. <<NOTE: Submission. 50 USC 415a-3.>> 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. <<NOTE: Reports.>> The Department of Defense shall 
continue to report incremental contingency operations costs for 
Operation Iraqi Freedom and Operation Enduring Freedom on a monthly 
basis

[[Page 122 STAT. 3646]]

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 <<NOTE: Pennsylvania.>> 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. <<NOTE: Designation.>> 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.

[[Page 122 STAT. 3647]]

    (c) Implementation Plan.--Before <<NOTE: Reports.>> 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, <<NOTE: 42 USC 2297h.>> 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. <<NOTE: 42 USC 2297h-10a.>> 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

[[Page 122 STAT. 3648]]

        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,

[[Page 122 STAT. 3649]]

                      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 <<NOTE: Deadline.>> 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) <<NOTE: Notification. Federal Register, 
                      publication.>> 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 <<NOTE: Effective date.>> 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

[[Page 122 STAT. 3650]]

                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 <<NOTE: Effective date.>> 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 <<NOTE: Deadline. Federal Register, 
                publication.>> 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 <<NOTE: Notification.>> 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.--

[[Page 122 STAT. 3651]]

                    ``(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

[[Page 122 STAT. 3652]]

            (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 <<NOTE: Department of Homeland Security 
  Appropriations Act, 2009.>> 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, <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Certification.>> $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

[[Page 122 STAT. 3653]]

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 <<NOTE: Deadline. Expenditure plan.>> 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.

[[Page 122 STAT. 3654]]

       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

[[Page 122 STAT. 3655]]

costs, or in cases of <<NOTE: Certification.>> 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 <<NOTE: Test results. Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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, <<NOTE: Expenditure plan. Deadline.>> 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

[[Page 122 STAT. 3656]]

        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

[[Page 122 STAT. 3657]]

        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, <<NOTE: Reports. Deadline.>> 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 <<NOTE: Certification.>> 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 <<NOTE: Waiver 
authority. Deadline. Federal Register, publication.>> 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

[[Page 122 STAT. 3658]]

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 <<NOTE: Notification.>> 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 <<NOTE: Plan. 6 USC 214 
note.>> 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 <<NOTE: Waiver authority.>> United States: Provided, That 
none of

[[Page 122 STAT. 3659]]

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 <<NOTE: Child labor.>> 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 <<NOTE: Aliens.>> 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 <<NOTE: Reports. Deadlines. Aliens.>> 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 <<NOTE: Effective date. Contracts.>> 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 <<NOTE: Deadline. Plan.>> 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 <<NOTE: Certification. Deadline.>> Service: Provided, That 
the Secretary of Homeland Security and the Director of the

[[Page 122 STAT. 3660]]

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, <<NOTE: Expenditure plan.>> 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 <<NOTE: Privatization plan.>> 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-

[[Page 122 STAT. 3661]]

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, <<NOTE: Certification.>> 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

[[Page 122 STAT. 3662]]

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, <<NOTE: Expenditure plans. Explosives 
detection.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Financial plan. Deadline.>> this appropriation: 
Provided

[[Page 122 STAT. 3663]]

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 <<NOTE: Notification. Deadline.>> 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

[[Page 122 STAT. 3664]]

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 <<NOTE: Expenditure plan.>> 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

[[Page 122 STAT. 3665]]

production: Provided <<NOTE: Reports.>> 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 <<NOTE: Reports. Deadline. Effective date. 14 USC 663 
note.>> 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 <<NOTE: Deadline. Investment plan. 14 USC 663 note.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Notification. Deadline.>> assignment: Provided 
further, That the Committees on Appropriations of the Senate and the 
House

[[Page 122 STAT. 3666]]

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

[[Page 122 STAT. 3667]]

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 <<NOTE: Waiver authority.>> 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 <<NOTE: Reports. Certification.>> 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.

[[Page 122 STAT. 3668]]

                                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 <<NOTE: Expenditure plan.>> 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 <<NOTE: Expenditure plan.>> 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;

[[Page 122 STAT. 3669]]

            (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, <<NOTE: Reports.>> 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

[[Page 122 STAT. 3670]]

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, <<NOTE: Federal budget.>> 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 <<NOTE: Certification. Reports.>> $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 <<NOTE: West Virginia. Pennsylvania. Disaster 
evacuation.>> Coordination: Provided further, That for

[[Page 122 STAT. 3671]]

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.

[[Page 122 STAT. 3672]]

            (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 <<NOTE: Expenditure plan. Deadline.>> 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 <<NOTE: Grants. Deadlines.>> 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 <<NOTE: Grants. Deadlines.>> 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 <<NOTE: Reports.>>  facility: Provided further, That grantees 
shall provide reports on their use of funds, as determined necessary

[[Page 122 STAT. 3673]]

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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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, <<NOTE: Expenditure 
plan. Deadline.>> 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

[[Page 122 STAT. 3674]]

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 <<NOTE: Expenditure 
plan. Deadline.>> 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 <<NOTE: Deadlines. Reports.>> 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, <<NOTE: Implementation plan.>> 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 <<NOTE: Reports.>> 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

[[Page 122 STAT. 3675]]

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

[[Page 122 STAT. 3676]]

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

[[Page 122 STAT. 3677]]

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

[[Page 122 STAT. 3678]]

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 <<NOTE: Risk assessment.>> 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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 3679]]

                  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 <<NOTE: Reports. Certification.>> 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 <<NOTE: Certifications.>> 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 <<NOTE: Consultation.>> 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. <<NOTE: Notifications. Deadlines.>> (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

[[Page 122 STAT. 3680]]

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) <<NOTE: Reports.>> 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. <<NOTE: 31 USC 501 note.>> 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

[[Page 122 STAT. 3681]]

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 <<NOTE: Approval request.>> 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. <<NOTE: Grants. Notification. Deadline.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Briefing. Deadline.>> 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

[[Page 122 STAT. 3682]]

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 <<NOTE: Applicability.>> 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) <<NOTE: Certification. Reports. Test phase. Air 
carriers.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Deadline. Plan.>> 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

[[Page 122 STAT. 3683]]

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) <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Deadlines. Reports.>> 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. <<NOTE: Notification.>> (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) <<NOTE: Certification.>> the Secretary certifies in 
        fiscal year 2009 that: (i) National Applications Office programs 
        comply with all existing

[[Page 122 STAT. 3684]]

        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) <<NOTE: Deadlines. Reports. 5 USC app. 8I note.>> 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) <<NOTE: Certification. Notification.>> 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. <<NOTE: Deadlines. Reports.>> 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).

[[Page 122 STAT. 3685]]

    (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 <<NOTE: Butane lighters.>> 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. <<NOTE: Grants. Contracts.>> (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) <<NOTE: Waiver authority.>> 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) <<NOTE: Deadline. Notification.>> 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

[[Page 122 STAT. 3686]]

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 <<NOTE: Reports.>> 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. <<NOTE: Certification.>> 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. <<NOTE: Contracts.>> 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

[[Page 122 STAT. 3687]]

section 401 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note).
    Sec. 535. <<NOTE: Drugs and drug abuse.>> 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, <<NOTE: Applicability.>> 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 <<NOTE: Termination date.>> 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. <<NOTE: Deadline. President. Web site. Reports.>> (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

[[Page 122 STAT. 3688]]

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. <<NOTE: New York.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification.>> 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.

[[Page 122 STAT. 3689]]

    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 <<NOTE: Notification.>> 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). <<NOTE: Notice. Federal Register, publication.>> Such fees 
        shall be promulgated by notice in the Federal Register.''.

    Sec. 544. (a) <<NOTE: Deadlines. Consultation.>> 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) <<NOTE: Reports.>> 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 <<NOTE: Certification.>> 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. <<NOTE: Deadline. President.>> 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

[[Page 122 STAT. 3690]]

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. <<NOTE: Mississippi.>> 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 <<NOTE: Notification.>> 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''.

[[Page 122 STAT. 3691]]

    This division may be cited as the ``Department of Homeland Security 
Appropriations Act, 2009''.

DIVISION E--MILITARY <<NOTE: Military Construction and Veterans Affairs 
   and Related Agencies Appropriations Act, 2009.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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,

[[Page 122 STAT. 3692]]

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, <<NOTE: Notification.>> 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 <<NOTE: Notification.>> 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

[[Page 122 STAT. 3693]]

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,

[[Page 122 STAT. 3694]]

$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

[[Page 122 STAT. 3695]]

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)

[[Page 122 STAT. 3696]]

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 <<NOTE: Notification. Deadline.>> 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.

[[Page 122 STAT. 3697]]

                        Administrative Provisions

    Sec. 101. <<NOTE: Contracts.>> 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. <<NOTE: Notification.>> 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. <<NOTE: Notification.>> 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. <<NOTE: Contracts. Japan.>> 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.

[[Page 122 STAT. 3698]]

    Sec. 112. <<NOTE: Contracts. Kwajalein Atoll.>> 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. <<NOTE: Notification. Military exercise. Deadline.>> 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. <<NOTE: Deadlines. Reports. 22 USC 1928 note.>> (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;

[[Page 122 STAT. 3699]]

            (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. <<NOTE: Deadlines. Notifications.>> 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. <<NOTE: Deadline. Contracts. Notice.>> (a) Not later than 
60 days before issuing any solicitation for a contract with the private 
sector for military family housing

[[Page 122 STAT. 3700]]

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. <<NOTE: 10 USC 2821 note.>> 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, <<NOTE: Notification.>> 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 <<NOTE: Reports. Deadline.>> 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. <<NOTE: Certification.>> 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

[[Page 122 STAT. 3701]]

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 <<NOTE: Notification. Deadline.>> 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. <<NOTE: Colorado.>> 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.

[[Page 122 STAT. 3702]]

                      (including transfer of funds)


    Sec. 129. <<NOTE: Study.>> (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 <<NOTE: Deadline. Expenditure plan.>> 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 <<NOTE: Deadline. Expenditure plan.>> 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.

[[Page 122 STAT. 3703]]

                                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.

[[Page 122 STAT. 3704]]

                  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

[[Page 122 STAT. 3705]]

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, <<NOTE: Priorities.>> 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 <<NOTE: Priorities.>> 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.

[[Page 122 STAT. 3706]]

                     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,

[[Page 122 STAT. 3707]]

$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 <<NOTE: Expenditure plan.>> 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 <<NOTE: Deadline. Submission.>> 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 <<NOTE: Contracts. Deadlines.>> process: 
Provided further, That funds provided in this appropriation for fiscal 
year 2009, for each approved project

[[Page 122 STAT. 3708]]

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, <<NOTE: Reports.>> 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.

[[Page 122 STAT. 3709]]

                        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 <<NOTE: Deadline.>> 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 <<NOTE: Notification.>> 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.

[[Page 122 STAT. 3710]]

    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.

[[Page 122 STAT. 3711]]

    Sec. 211. <<NOTE: Reports. Deadline.>> 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. <<NOTE: Alaska.>> 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

[[Page 122 STAT. 3712]]

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. <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 3713]]

    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) <<NOTE: Notification.>> 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 <<NOTE: Waiver authority. Notice.>> 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. <<NOTE: Extension date.>> 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

[[Page 122 STAT. 3714]]

31, 2009, unless prior to that date, authorization is enacted into law 
otherwise extending this authority.

    Sec. 234. <<NOTE: Extension date.>> 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

[[Page 122 STAT. 3715]]

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 <<NOTE: Pay raises.>> 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 <<NOTE: Lobbying.>> 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 <<NOTE: Submissions.>> stated otherwise, all 
reports and notifications required by this Act shall be submitted to the 
Subcommittee on

[[Page 122 STAT. 3716]]

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''.

    Approved September 30, 2008.

LEGISLATIVE HISTORY--H.R. 2638 (S. 1644):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-181 (Comm. on Appropriations).
SENATE REPORTS: No. 110-84 accompanying S. 1644 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    June 12-15, considered and passed 
                                        House.
                                    July 24-26, considered and passed 
                                        Senate, amended.
                                                        Vol. 154 (2008):
                                    Sept. 24, House concurred in Senate 
                                        amendment with an amendment.
                                    Sept. 26, 27, Senate considered and 
                                        concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
            Sept. 30, Presidential statement.

                                  <all>