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

09/30/2008 Became Public Law No: 110-329

Bill text available as:

Shown Here:
Enrolled Bill


Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF or HTML/XML.




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

        H.R.2638

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

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


                                 An Act


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

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

SEC. 3. REFERENCES.

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

SEC. 4. EXPLANATORY STATEMENT.

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

         DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009

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

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

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

          TITLE I--RELIEF AND RECOVERY FROM NATURAL DISASTERS

              CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT

                       DEPARTMENT OF AGRICULTURE

                      Office of Inspector General

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

                     Agricultural Research Service

                        buildings and facilities

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

               Animal and Plant Health Inspection Service

                         salaries and expenses

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

                 Natural Resources Conservation Service

                 emergency watershed protection program

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

                          Farm Service Agency

                     emergency conservation program

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

                       Rural Development Programs

               rural development disaster assistance fund

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

                    GENERAL PROVISIONS, THIS CHAPTER

                     (including transfers of funds)

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

                    CHAPTER 2--COMMERCE AND SCIENCE

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

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

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

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

               procurement, acquisition, and construction

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

             NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                        Exploration Capabilities

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

                CHAPTER 3--ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

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

                   mississippi river and tributaries

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

                       operation and maintenance

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

                 flood control and coastal emergencies

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

          CHAPTER 4--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                          INDEPENDENT AGENCIES

                    General Services Administration

                        real property activities

                         federal buildings fund

                      construction and acquisition

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

                     Small Business Administration

                         salaries and expenses

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

                      office of inspector general

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

                     disaster loans program account

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

                      CHAPTER 5--HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

                              Coast Guard

              acquisition, construction, and improvements

                     (including transfer of funds)

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

                  Federal Emergency Management Agency

                            disaster relief

                     (including transfers of funds)

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

                    GENERAL PROVISIONS, THIS CHAPTER

                    (including rescission of funds)

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

                  CHAPTER 6--INTERIOR AND ENVIRONMENT

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                        wildland fire management

                     (including transfers of funds)

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

                United States Fish and Wildlife Service

                              construction

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  capital improvement and maintenance

                     (including transfers of funds)

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

                        wildland fire management

                     (including transfers of funds)

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

           CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                      social services block grant

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

                        DEPARTMENT OF EDUCATION

                      School Improvement Programs

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

                    Higher Education Disaster Relief

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

                    GENERAL PROVISIONS, THIS CHAPTER

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

                    CHAPTER 8--MILITARY CONSTRUCTION

                         DEPARTMENT OF DEFENSE

               Military Construction, Army National Guard

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

         CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

                       International Commissions

 international boundary and water commission, united states and mexico

                              construction

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

      CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

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

                    Federal Railroad Administration

                   railroad rehabilitation and repair

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                     tenant-based rental assistance

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

                    project-based rental assistance

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

                      public housing capital fund

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

                   Community Planning and Development

                       community development fund

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

                    GENERAL PROVISIONS, THIS CHAPTER

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

              TITLE II--OTHER SUPPLEMENTAL APPROPRIATIONS

                CHAPTER 1--STATE AND FOREIGN OPERATIONS

                          DEPARTMENT OF STATE

                      Office of Inspector General

                     (including transfer of funds)

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

                     BILATERAL ECONOMIC ASSISTANCE

                  Other Bilateral Economic Assistance

                         economic support fund

                     (including transfer of funds)

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

                         CHAPTER 2--AGRICULTURE


                     bill emerson humanitarian trust

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

                     TITLE III--GENERAL PROVISIONS


                               short title

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


                          emergency designation

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


                        coordination of provisions

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

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009

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

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                      (including transfer of funds)

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide


                      (including transfer of funds)

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army


                      (including transfer of funds)

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

                    Environmental Restoration, Navy


                      (including transfer of funds)

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

                  Environmental Restoration, Air Force


                      (including transfer of funds)

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

                Environmental Restoration, Defense-Wide


                      (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites


                      (including transfer of funds)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  Cooperative Threat Reduction Account

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

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                Operational Test and Evaluation, Defense

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

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program


                      (including transfer of funds)

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

           Chemical Agents and Munitions Destruction, Defense

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

         Drug Interdiction and Counter-Drug Activities, Defense


                      (including transfer of funds)

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

                    Office of the Inspector General

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

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account


                      (including transfer of funds)

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

                               TITLE VIII

                           GENERAL PROVISIONS

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


                           (transfer of funds)

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


                           (transfer of funds)

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


                           (transfer of funds)

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


                              (rescissions)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

    Sec. 8077. Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $165,152,000 shall be 
available until September 30, 2009, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer such funds to the following 
appropriations in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:
    To:
    Under the heading ``Shipbuilding and Conversion, Navy, 2001/2009'':
    Carrier Replacement Program, $20,516,000;
    Under the heading ``Shipbuilding and Conversion, Navy, 2002/2009'':
    New SSN, $21,000,000;
    Under the heading ``Shipbuilding and Conversion, Navy, 2003/2009'':
    LPD-17 Amphibious Transport Dock Program, $33,082,000;
    Under the heading ``Shipbuilding and Conversion, Navy, 2004/2009'':
    New SSN, $60,000,000;
    Under the heading ``Shipbuilding and Conversion, Navy, 2007/2011'':
    LHA Replacement Program, $14,310,000; and
    Under the heading ``Shipbuilding and Conversion, Navy, 2008/2012'':
    SSBN Submarine Refuelings, $16,244,000.
    Sec. 8078. None of the funds available to the Department of Defense 
may be obligated to modify command and control relationships to give 
Fleet Forces Command administrative and operational control of U.S. 
Navy forces assigned to the Pacific fleet: Provided, That the command 
and control relationships which existed on October 1, 2004, shall 
remain in force unless changes are specifically authorized in a 
subsequent Act.
    Sec. 8079. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code, for occupations listed 
in section 7403(a)(2) of title 38, United States Code, as well as the 
following:
        Pharmacists, Audiologists, Psychologists, Social Workers, 
    Othotists/Prosthetists, Occupational Therapists, Physical 
    Therapists, Rehabilitation Therapists, Respiratory Therapists, 
    Speech Pathologists, Dietitian/Nutritionists, Industrial 
    Hygienists, Psychology Technicians, Social Service Assistants, 
    Practical Nurses, Nursing Assistants, and Dental Hygienists:
            (A) The requirements of section 7403(g)(1)(A) of title 38, 
        United States Code, shall apply.
            (B) The limitations of section 7403(g)(1)(B) of title 38, 
        United States Code, shall not apply.
    Sec. 8080. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2009 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2009.
    Sec. 8081. None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming of 
funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.
    Sec. 8082. (a) In addition to the amounts provided elsewhere in 
this Act, $3,000,000 is hereby appropriated to the Department of 
Defense for ``Operation and Maintenance, Army National Guard''. Such 
amount shall be made available to the Secretary of the Army only to 
make a grant in the amount of $3,000,000 to the entity specified in 
subsection (b) to facilitate access by veterans to opportunities for 
skilled employment in the construction industry.
    (b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a nonprofit 
labor-management cooperation committee provided for by section 
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C. 
186(c)(9)), for the purposes set forth in section 6(b) of the Labor 
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
    Sec. 8083. In addition to funds made available elsewhere in this 
Act, $5,500,000 is hereby appropriated and shall remain available until 
expended to provide assistance, by grant or otherwise (such as, but not 
limited to, the provision of funds for repairs, maintenance, 
construction, and/or for the purchase of information technology, text 
books, teaching resources), to public schools that have unusually high 
concentrations of special needs military dependents enrolled: Provided, 
That in selecting school systems to receive such assistance, special 
consideration shall be given to school systems in States that are 
considered overseas assignments, and all schools within these school 
systems shall be eligible for assistance: Provided further, That up to 
2 percent of the total appropriated funds under this section shall be 
available to support the administration and execution of the funds or 
program and/or events that promote the purpose of this appropriation 
(e.g. payment of travel and per diem of school teachers attending 
conferences or a meeting that promotes the purpose of this 
appropriation and/or consultant fees for on-site training of teachers, 
staff, or Joint Venture Education Forum (JVEF) Committee members): 
Provided further, That up to $300,000 shall be available to examine 
human capital, family and quality of life issues relating to military 
presence in Hawaii: Provided further, That up to $2,000,000 shall be 
available for the Department of Defense to establish a nonprofit trust 
fund to assist in the public-private funding of public school repair 
and maintenance projects, or provide directly to nonprofit 
organizations who in return will use these monies to provide assistance 
in the form of repair, maintenance, or renovation to public school 
systems that have high concentrations of special needs military 
dependents and are located in States that are considered overseas 
assignments: Provided further, That to the extent a Federal agency 
provides this assistance, by contract, grant, or otherwise, it may 
accept and expend non-Federal funds in combination with these Federal 
funds to provide assistance for the authorized purpose, if the non-
Federal entity requests such assistance and the non-Federal funds are 
provided on a reimbursable basis.
    Sec. 8084. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $112,400,000 is hereby 
appropriated to the Department of Defense: Provided, That the Secretary 
of Defense shall make grants in the amounts specified as follows: 
$20,000,000 to the United Service Organizations; $30,000,000 to the Red 
Cross; $15,000,000 for the Waterbury Industrial Commons Redevelopment 
Project; $4,750,000 for the SOAR Virtual School District; $1,750,000 to 
The Presidio Trust; $5,000,000 to the STEM Education Research Center; 
$10,000,000 to the Intrepid Museum Foundation; $4,000,000 to the Go For 
Broke National Education Center; $9,900,000 to the U.S.S. Missouri 
Memorial Association; $4,000,000 to the Nimitz Center; $3,000,000 to 
Special Olympics International; and $5,000,000 to the Paralympics 
Military Program.
    Sec. 8085. The Department of Defense and the Department of the Army 
shall make future budgetary and programming plans to fully finance the 
Non-Line of Sight Future Force cannon (NLOS-C) and a compatible large 
caliber ammunition resupply capability for this system supported by the 
Future Combat Systems (FCS) Brigade Combat Team (BCT) in order to field 
this system in fiscal year 2010: Provided, That the Army shall develop 
the NLOS-C independent of the broader FCS development timeline to 
achieve fielding by fiscal year 2010. In addition, the Army will 
deliver five pre-production NLOS-C systems by the end of calendar year 
2008 and three pre-production NLOS-C systems by the end of calendar 
year 2009. These systems shall be in addition to those systems 
necessary for developmental and operational testing.
    Sec. 8086. The budget of the President for fiscal year 2010 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code, shall include separate budget justification documents for 
costs of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Operation and 
Maintenance accounts, and the Procurement accounts: Provided, That 
these documents shall include a description of the funding requested 
for each contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations account: 
Provided further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop strength for 
each Active and Reserve component, and estimates of the major weapons 
systems deployed in support of each contingency: Provided further, That 
these documents shall include budget exhibits OP-5 and OP-32 (as 
defined in the Department of Defense Financial Management Regulation) 
for all contingency operations for the budget year and the two 
preceding fiscal years.
    Sec. 8087. None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 8088. Up to $2,500,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific 
Missile Range Facility may be made available to contract for the 
repair, maintenance, and operation of adjacent off-base water, 
drainage, and flood control systems, electrical upgrade to support 
additional missions critical to base operations, and support for a 
range footprint expansion to further guard against encroachment.
    Sec. 8089. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force shall allow the 
53rd Weather Reconnaissance Squadron to perform other missions in 
support of national defense requirements during the non-hurricane 
season.
    Sec. 8090. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign intelligence activities: Provided, That 
information pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8091. (a) At the time members of reserve components of the 
Armed Forces are called or ordered to active duty under section 
12302(a) of title 10, United States Code, each member shall be notified 
in writing of the expected period during which the member will be 
mobilized.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that it is 
necessary to do so to respond to a national security emergency or to 
meet dire operational requirements of the Armed Forces.


                      (including transfer of funds)

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


                      (including transfer of funds)

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

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

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

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

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

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

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

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

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

                        Analysis and Operations

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

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                      Office of Inspector General

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

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                          Salaries and Expenses

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

                        automation modernization

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

        border security fencing, infrastructure, and technology

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


  Air and Marine Interdiction, Operations, Maintenance, and Procurement

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


                               Construction

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

                U.S. Immigration and Customs Enforcement


                          Salaries and Expenses

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


                        Federal Protective Service

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


                         Automation Modernization

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

                              construction

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

                 Transportation Security Administration


                            Aviation Security

                      (including transfer of funds)

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

                    surface transportation security

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

           transportation threat assessment and credentialing

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


                     Transportation Security Support

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


                           Federal Air Marshals

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

                              Coast Guard


                            Operating Expenses

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

                environmental compliance and restoration

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


                             Reserve Training

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

              acquisition, construction, and improvements

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


                          Alteration of Bridges

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


               Research, Development, Test, and Evaluation

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


                               Retired Pay

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

                      United States Secret Service


                          Salaries and Expenses

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

     acquisition, construction, improvements, and related expenses

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

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate


                      management and administration

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


            Infrastructure Protection and Information Security

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

    united states visitor and immigrant status indicator technology

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

                        Office of Health Affairs

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

                  Federal Emergency Management Agency


                      Management and Administration

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


                         State and Local Programs

                      (including transfer of funds)

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


                      Firefighter Assistance Grants

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

                emergency management performance grants

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


               Radiological Emergency Preparedness Program

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

                   united states fire administration

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

                            disaster relief

                     (including transfer of funds)

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


             Disaster Assistance Direct Loan Program Account

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

                      flood map modernization fund

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


                      National Flood Insurance Fund

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

                  national predisaster mitigation fund

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

                       emergency food and shelter

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


                         Cerro Grande Fire Claims

                         (rescission of funds)

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center

                         salaries and expenses

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


      Acquisitions, Construction, Improvements, and Related Expenses

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

                         Science and Technology


                      Management and Administration

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

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office

                     management and administration

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


                  Research, Development, and Operations

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


                           Systems Acquisition

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

                                TITLE V

                           GENERAL PROVISIONS


                     (including rescissions of funds)

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2009, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program, project, or activity; (2) eliminates a program, 
project, office, or activity; (3) increases funds for any program, 
project, or activity for which funds have been denied or restricted by 
the Congress; (4) proposes to use funds directed for a specific 
activity by either of the Committees on Appropriations of the Senate or 
the House of Representatives for a different purpose; or (5) contracts 
out any function or activity for which funding levels were requested 
for Federal full-time equivalents in the object classification tables 
contained in the fiscal year 2009 Budget Appendix for the Department of 
Homeland Security, as modified by the explanatory statement 
accompanying this Act, unless the Committees on Appropriations of the 
Senate and the House of Representatives are notified 15 days in advance 
of such reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2009, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees or 
proceeds available to the agencies funded by this Act, shall be 
available for obligation or expenditure for programs, projects, or 
activities through a reprogramming of funds in excess of $5,000,000 or 
10 percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or numbers of personnel by 10 
percent as approved by the Congress; or (3) results from any general 
savings from a reduction in personnel that would result in a change in 
existing programs, projects, or activities as approved by the Congress, 
unless the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
that imminently threaten the safety of human life or the protection of 
property.
    (e) Within 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
listing all dollar amounts specified in this Act and accompanying 
explanatory statement that are identified in the detailed funding table 
at the end of the explanatory statement accompanying this Act or any 
other amounts specified in this Act or accompanying explanatory 
statement: Provided, That such dollar amounts specified in this Act and 
accompanying explanatory statement shall be subject to the conditions 
and requirements of subsections (a), (b), and (c) of this section.
    Sec. 504. The Department of Homeland Security Working Capital Fund, 
established pursuant to section 403 of Public Law 103-356 (31 U.S.C. 
501 note), shall continue operations as a permanent working capital 
fund for fiscal year 2009: Provided, That none of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security may be used to make payments to the Working Capital Fund, 
except for the activities and amounts allowed in the President's fiscal 
year 2009 budget: Provided further, That funds provided to the Working 
Capital Fund shall be available for obligation until expended to carry 
out the purposes of the Working Capital Fund: Provided further, That 
all departmental components shall be charged only for direct usage of 
each Working Capital Fund service: Provided further, That funds 
provided to the Working Capital Fund shall be used only for purposes 
consistent with the contributing component: Provided further, That such 
fund shall be paid in advance or reimbursed at rates which will return 
the full cost of each service: Provided further, That the Working 
Capital Fund shall be subject to the requirements of section 503 of 
this Act.
    Sec. 505. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2009 from appropriations for salaries and expenses 
for fiscal year 2009 in this Act shall remain available through 
September 30, 2010, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2009 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2009.
    Sec. 507. None of the funds made available by this Act may be used 
to make a grant allocation, discretionary grant award, discretionary 
contract award, or to issue a letter of intent totaling in excess of 
$1,000,000, or to announce publicly the intention to make such an 
award, including a contract covered by the Federal Acquisition 
Regulation, unless the Secretary of Homeland Security notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 3 full business days in advance of making such 
an award or issuing such a letter: Provided, That if the Secretary of 
Homeland Security determines that compliance with this section would 
pose a substantial risk to human life, health, or safety, an award may 
be made without notification and the Committees on Appropriations of 
the Senate and the House of Representatives shall be notified not later 
than 5 full business days after such an award is made or letter issued: 
Provided further, That no notification shall involve funds that are not 
available for obligation: Provided further, That the notification shall 
include the amount of the award, the fiscal year in which the funds for 
the award were appropriated, and the account from which the funds are 
being drawn: Provided further, That the Federal Emergency Management 
Agency shall brief the Committees on Appropriations of the Senate and 
the House of Representatives 5 full business days in advance of 
announcing publicly the intention of making an award under the State 
Homeland Security Grant Program; Urban Area Security Initiative; and 
the Regional Catastrophic Preparedness Grant Program.
    Sec. 508. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 509. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 519, 520, 522, 528, 530, and 531 of the 
Department of Homeland Security Appropriations Act, 2008 (division E of 
Public Law 110-161; 121 Stat. 2072, 2073, 2074, 2082) shall apply with 
respect to funds made available in this Act in the same manner as such 
sections applied to funds made available in that Act.
    Sec. 511. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 512. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow-on or successor passenger prescreening program, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all ten of the 
conditions contained in paragraphs (1) through (10) of section 522(a) 
of Public Law 108-334 (118 Stat. 1319) have been successfully met.
    (b) The report required by subsection (a) shall be submitted within 
90 days after the Secretary provides the requisite certification, and 
periodically thereafter, if necessary, until the Government 
Accountability Office confirms that all ten conditions have been 
successfully met.
    (c) Within 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
detailed plan that describes: (1) the dates for achieving key 
milestones, including the date or timeframes that the Secretary will 
certify the program under subsection (a); and (2) the methodology to be 
followed to support the Secretary's certification, as required under 
subsection (a).
    (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (f) None of the funds provided in this or any other Act may be used 
for data or a database that is obtained from or remains under the 
control of a non-Federal entity: Provided, That this restriction shall 
not apply to Passenger Name Record data obtained from air carriers.
    Sec. 513. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 514. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 515. (a) The Secretary of Homeland Security shall research, 
develop, and procure new technologies to inspect and screen air cargo 
carried on passenger aircraft by the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be utilized to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) The Assistant Secretary of Homeland Security (Transportation 
Security Administration) shall work with air carriers and airports to 
ensure that the screening of cargo carried on passenger aircraft, as 
defined in section 44901(g)(5) of title 49, United States Code, 
increases incrementally each quarter.
    (d) Not later than 45 days after the end of each quarter, the 
Assistant Secretary shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a report on air cargo 
inspection statistics by airport and air carrier detailing the 
incremental progress being made to meet the requirements of section 
44901(g)(2) of title 49, United States Code.
    Sec. 516. Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' for fiscal years 2004, 2005, 2006, 
and 2007 that are recovered or deobligated shall be available only for 
the procurement or installation of explosives detection systems, for 
air cargo, baggage, and checkpoint screening systems, subject to 
notification: Provided, That quarterly reports shall be submitted to 
the Committees on Appropriations of the Senate and the House of 
Representatives on any funds that are recovered or deobligated.
    Sec. 517. Any funds appropriated to United States Coast Guard, 
``Acquisition, Construction, and Improvements'' for fiscal years 2002, 
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion 
that are recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Replacement Patrol Boat (FRC-B) program.
    Sec. 518. (a)(1) Except as provided in paragraph (2), none of the 
funds provided in this or any other Act shall be available to commence 
or continue operations of the National Applications Office until--
        (A) the Secretary certifies in fiscal year 2009 that: (i) 
    National Applications Office programs comply with all existing 
    laws, including all applicable privacy and civil liberties 
    standards; and, (ii) that clear definitions of all proposed domains 
    are established and are auditable;
        (B) the Comptroller General of the United States notifies the 
    Committees on Appropriations of the Senate and the House of 
    Representatives and the Secretary that the Comptroller has reviewed 
    such certification; and
        (C) the Secretary notifies the Committees of all funds to be 
    expended on the National Applications Office pursuant to section 
    503 of this Act.
    (2) Paragraph (1) shall not apply with respect to any use of funds 
for activities substantially similar to such activities conducted by 
the Department of the Interior as set forth in the 1975 charter for the 
Civil Applications Committee under the provisions of law codified at 
section 31 of title 43, United States Code.
    (b) The Inspector General shall provide to the Committees on 
Appropriations of the Senate and the House of Representatives, starting 
six months after the date of enactment of this Act, and quarterly 
thereafter, a classified report containing a review of the data 
collected by the National Applications Office, including a description 
of the collection purposes and the legal authority under which the 
collection activities were authorized: Provided, That the report shall 
also include a listing of all data collection activities carried out on 
behalf of the National Applications Office by any component of the 
National Guard.
    (c) None of the funds provided in this or any other Act shall be 
available to commence operations of the National Immigration 
Information Sharing Operation until the Secretary certifies that such 
program complies with all existing laws, including all applicable 
privacy and civil liberties standards, the Comptroller General of the 
United States notifies the Committees on Appropriations of the Senate 
and the House of Representatives and the Secretary that the Comptroller 
has reviewed such certification, and the Secretary notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives of all funds to be expended on the National Immigration 
Information Sharing Operation pursuant to section 503.
    Sec. 519. Within 45 days after the close of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report that includes 
total obligations, on-board versus funded full-time equivalent staffing 
levels, and the number of contract employees by office.
    Sec. 520.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is 
amended by striking ``2008'' and inserting ``2009''.
    Sec. 521. The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 522. (a) None of the funds provided by this or any other Act 
may be obligated for the development, testing, deployment, or operation 
of any portion of a human resources management system authorized by 5 
U.S.C. 9701(a), or by regulations prescribed pursuant to such section, 
for an employee as defined in 5 U.S.C. 7103(a)(2).
    (b) The Secretary of Homeland Security shall collaborate with 
employee representatives in the manner prescribed in 5 U.S.C. 9701(e), 
in the planning, testing, and development of any portion of a human 
resources management system that is developed, tested, or deployed for 
persons excluded from the definition of employee as that term is 
defined in 5 U.S.C. 7103(a)(2).
    Sec. 523.  In fiscal year 2009, none of the funds made available in 
this or any other Act may be used to enforce section 4025(1) of Public 
Law 108-458 unless the Assistant Secretary of Homeland Security 
(Transportation Security Administration) reverses the determination of 
July 19, 2007, that butane lighters are not a significant threat to 
civil aviation security.
    Sec. 524. Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may 
be used to reduce operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of the 
enactment of this Act.
    Sec. 525. (a) Except as provided in subsection (b), none of the 
funds appropriated in this or any other Act to the Office of the 
Secretary and Executive Management, the Office of the Under Secretary 
for Management, or the Office of the Chief Financial Officer, may be 
obligated for a grant or contract funded under such headings by a means 
other than full and open competition.
    (b) Subsection (a) does not apply to obligation of funds for a 
contract awarded--
        (1) by a means that is required by a Federal statute, including 
    obligation for a purchase made under a mandated preferential 
    program, such as the AbilityOne Program, that is authorized under 
    the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);
        (2) under the Small Business Act (15 U.S.C. 631 et seq.);
        (3) in an amount less than the simplified acquisition threshold 
    described under section 302A(a) of the Federal Property and 
    Administrative Services Act of 1949 (41 U.S.C. 252a(a)); or
        (4) by another Federal agency using funds provided through an 
    interagency agreement.
    (c)(1) Subject to paragraph (2), the Secretary of Homeland Security 
may waive the application of this section for the award of a contract 
in the interest of national security or if failure to do so would pose 
a substantial risk to human health or welfare.
    (2) Not later than 5 days after the date on which the Secretary of 
Homeland Security issues a waiver under this subsection, the Secretary 
shall submit notification of that waiver to the Committees on 
Appropriations of the Senate and the House of Representatives, 
including a description of the applicable contract and an explanation 
of why the waiver authority was used. The Secretary may not delegate 
the authority to grant such a waiver.
    (d) In addition to the requirements established by this section, 
the Inspector General for the Department of Homeland Security shall 
review departmental contracts awarded through other than full and open 
competition to assess departmental compliance with applicable laws and 
regulations: Provided, That the Inspector General shall review selected 
contracts awarded in the previous fiscal year through other than full 
and open competition: Provided further, That in determining which 
contracts to review, the Inspector General shall consider the cost and 
complexity of the goods and services to be provided under the contract, 
the criticality of the contract to fulfilling Department missions, past 
performance problems on similar contracts or by the selected vendor, 
complaints received about the award process or contractor performance, 
and such other factors as the Inspector General deems relevant: 
Provided further, That the Inspector General shall report the results 
of the reviews to the Committees on Appropriations of the Senate and 
the House of Representatives.
    Sec. 526.  None of the funds provided by this or previous 
appropriations Acts shall be used to fund any position designated as a 
Principal Federal Official for any Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared 
disasters or emergencies.
    Sec. 527.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services, and the 
results do not preclude the granting of the benefit.
    Sec. 528. None of the funds made available in this Act may be used 
to destroy or put out to pasture any horse or other equine belonging to 
the Federal Government that has become unfit for service, unless the 
trainer or handler is first given the option to take possession of the 
equine through an adoption program that has safeguards against 
slaughter and inhumane treatment.
    Sec. 529. None of the funds provided in this Act shall be available 
to carry out section 872 of Public Law 107-296.
    Sec. 530. None of the funds provided in this Act under the heading 
``Office of the Chief Information Officer'' shall be used for data 
center development other than for the National Center for Critical 
Information Processing and Storage until the Chief Information Officer 
certifies that the National Center for Critical Information Processing 
and Storage is fully utilized as the Department's primary data storage 
center at the highest capacity throughout the fiscal year.
    Sec. 531. None of the funds in this Act shall be used to reduce the 
United States Coast Guard's Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 532. None of the funds appropriated by this Act may be used to 
conduct, or to implement the results of, a competition under Office of 
Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 533. The Secretary of Homeland Security shall require that all 
contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and performance).
    Sec. 534. None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the basic pilot program under section 401 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note).
    Sec. 535. None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act: Provided, That this section shall 
apply only to individuals transporting on their person a personal-use 
quantity of the prescription drug, not to exceed a 90-day supply: 
Provided further, That the prescription drug may not be--
        (1) a controlled substance, as defined in section 102 of the 
    Controlled Substances Act (21 U.S.C. 802); or
        (2) a biological product, as defined in section 351 of the 
    Public Health Service Act (42 U.S.C. 262).
    Sec. 536. None of the funds made available in this Act may be used 
by the Secretary of Homeland Security or any delegate of the Secretary 
to issue any rule or regulation which implements the Notice of Proposed 
Rulemaking related to Petitions for Aliens To Perform Temporary 
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed. 
Reg. 3984 (January 27, 2005).
    Sec. 537.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
        (1) in subsection (a), by striking ``Until September 30, 
    2008,'' and inserting ``Until September 30, 2009 and subject to 
    subsection (d),'';
        (2) by redesignating subsection (d) as subsection (e); and
        (3) by inserting after subsection (c) the following:
    ``(d) Additional Requirements.--
        ``(1) In general.--The authority of the Secretary under this 
    section shall terminate September 30, 2009, unless before that date 
    the Secretary--
            ``(A) issues policy guidance detailing the appropriate use 
        of that authority; and
            ``(B) provides training to each employee that is authorized 
        to exercise that authority.
        ``(2) Report.--The Secretary shall provide an annual report to 
    the Committees on Appropriations of the Senate and the House of 
    Representatives, the Committee on Homeland Security and 
    Governmental Affairs of the Senate, and the Committee on Homeland 
    Security of the House of Representatives detailing the projects for 
    which the authority granted by subsection (a) was used, the 
    rationale for its use, the funds spent using that authority, the 
    outcome of each project for which that authority was used, and the 
    results of any audits of such projects.''.
    Sec. 538. None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 539. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date that 
the President determines whether to declare a major disaster because of 
an event and any appeal is completed, the Administrator shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, the Committee on Transportation and Infrastructure of 
the House of Representatives, the Committees on Appropriations of the 
Senate and the House of Representatives, and publish on the website of 
the Federal Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment information used to 
determine whether to declare a major disaster.
    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) In this section--
        (1) the term ``Administrator'' means the Administrator of the 
    Federal Emergency Management Agency; and
        (2) the term ``major disaster'' has the meaning given that term 
    in section 102 of the Robert T. Stafford Disaster Relief and 
    Emergency Assistance Act (42 U.S.C. 5122).
    Sec. 540. Notwithstanding any other provision of law, should the 
Secretary of Homeland Security determine that the National Bio and 
Agro-defense Facility be located at a site other than Plum Island, New 
York, the Secretary shall liquidate the Plum Island asset by directing 
the Administrator of General Services to sell through public sale all 
real and related personal property and transportation assets which 
support Plum Island operations, subject to such terms and conditions as 
necessary to protect government interests and meet program 
requirements: Provided, That the gross proceeds of such sale shall be 
deposited as offsetting collections into the Department of Homeland 
Security Science and Technology ``Research, Development, Acquisition, 
and Operations'' account and, subject to appropriation, shall be 
available until expended, for site acquisition, construction, and costs 
related to the construction of the National Bio and Agro-defense 
Facility, including the costs associated with the sale, including due 
diligence requirements, necessary environmental remediation at Plum 
Island, and reimbursement of expenses incurred by the General Services 
Administration which shall not exceed 1 percent of the sale price: 
Provided further, That after the completion of construction and 
environmental remediation, the unexpended balances of funds 
appropriated for costs in the preceding proviso shall be available for 
transfer to the appropriate account for design and construction of a 
consolidated Department of Homeland Security Headquarters project, 
excluding daily operations and maintenance costs, notwithstanding 
section 503 of this Act, and the Committees on Appropriations of the 
Senate and the House of Representatives shall be notified 15 days prior 
to such transfer.
    Sec. 541.  Any official that is required by this Act to report or 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives may not delegate such authority to perform that act 
unless specifically authorized herein.
    Sec. 542.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under 31 U.S.C. 9703.2(g)(4)(B) 
from the Department of the Treasury Forfeiture Fund to any agency 
within the Department of Homeland Security: Provided, That none of the 
funds identified for such a transfer may be obligated until the 
Committees on Appropriations of the Senate and the House of 
Representatives approve the proposed transfers.
    Sec. 543.  Section 520 of Public Law 108-90 (6 U.S.C. 469) is 
amended--
        (1) by inserting ``(a) Fees.--'' before ``For fiscal year 2004 
    and thereafter''; and
        (2) by adding at the end the following:
    ``(b) Recurrent Training of Aliens in Operation of Aircraft.--
        ``(1) Process for reviewing threat assessments.--
    Notwithstanding section 44939(e) of title 49, United States Code, 
    the Secretary shall establish a process to ensure that an alien (as 
    defined in section 101(a)(3) of the Immigration and Nationality Act 
    (8 U.S.C. 1101(a)(3)) applying for recurrent training in the 
    operation of any aircraft is properly identified and has not, since 
    the time of any prior threat assessment conducted pursuant to 
    section 44939(a) of such title, become a risk to aviation or 
    national security.
        ``(2) Interruption of training.--If the Secretary determines, 
    in carrying out the process established under paragraph (1), that 
    an alien is a present risk to aviation or national security, the 
    Secretary shall immediately notify the person providing the 
    training of the determination and that person shall not provide the 
    training or if such training has commenced that person shall 
    immediately terminate the training.
        ``(3) Fees.--The Secretary may charge reasonable fees under 
    subsection (a) for providing credentialing and background 
    investigations for aliens in connection with the process for 
    recurrent training established under paragraph (1). Such fees shall 
    be promulgated by notice in the Federal Register.''.
    Sec. 544. (a) Not later than six months from the date of enactment 
of this Act, the Secretary of Homeland Security shall consult with the 
Secretaries of Defense and Transportation and develop a concept of 
operations for unmanned aerial systems in the United States national 
airspace system for the purposes of border and maritime security 
operations.
    (b) The Secretary of Homeland Security shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 30 days after the date of enactment of 
this Act on any foreseeable challenges to complying with subsection 
(a).
    Sec. 545.  If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an airport 
does not need to participate in the basic pilot program, the Assistant 
Secretary shall certify to the Committees on Appropriations of the 
Senate and the House of Representatives that no security risks will 
result by such non-participation.
    Sec. 546. Notwithstanding any other provision of law, and not later 
than 30 days after the date of submission of a request for a single 
payment, the President shall provide a single payment for any eligible 
costs under section 406 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172) for any police station, fire 
station, or criminal justice facility that was damaged by Hurricane 
Katrina of 2005 or Hurricane Rita of 2005: Provided, That the President 
shall not reduce the amount of assistance provided under section 
406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5172(c)(1)) for such facilities: Provided 
further, That nothing in the previous proviso may be construed to alter 
the appeal or review process relating to assistance provided under 
section 406 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5172): Provided further, That the President 
shall not reduce the amount of assistance provided to a local 
government under section 406(d) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172(d)) more than once 
for each such type of facility for which that local government is 
receiving assistance under section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act relating to Hurricane 
Katrina of 2005 or Hurricane Rita of 2005.
    Sec. 547. For grants to States pursuant to section 204(a) of the 
REAL ID Act of 2005 (division B of Public Law 109-13), $50,000,000, to 
remain available until expended. In addition, for developing an 
information sharing and verification capability with States to support 
implementation of the REAL ID Act, $50,000,000, to remain available 
until expended: Provided, That none of the funds provided in this 
section for development of the information sharing and verification 
system shall be available to create any new system of records from the 
data accessible by such information technology system, or to create any 
means of access by Federal agencies to such information technology 
system other than to fulfill responsibilities pursuant to the REAL ID 
Act of 2005.
    Sec. 548. Notwithstanding any other provision of law, the Federal 
Emergency Management Agency shall reimburse Jones County and Harrison 
County in the State of Mississippi under section 407 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173) 
for unreimbursed costs relating to the removal of debris that were 
incurred by such counties as a result of Hurricane Katrina in 2005.
    Sec. 549. From the unobligated balances of prior year 
appropriations made available for Transportation Security 
Administration, $31,000,000 are rescinded: Provided, That the 
Transportation Security Administration shall not rescind any 
unobligated balances from the following programs: screener partnership 
program; explosives detection systems; checkpoint support; aviation 
regulation and other enforcement; air cargo; and air cargo research and 
development.
    Sec. 550. From the unobligated balances of prior year 
appropriations made available for ``Analysis and Operations'', 
$21,373,000 are rescinded.
    Sec. 551. From unobligated balances of prior year appropriations 
made available for Coast Guard ``Acquisition, Construction, and 
Improvements'', $20,000,000 are rescinded: Provided, That no funds 
shall be rescinded from prior year appropriations provided for the 
National Security Cutter or the Maritime Patrol Aircraft: Provided 
further, That the Coast Guard shall submit notification in accordance 
with section 503 of this Act listing projects for which funding will be 
rescinded.
    Sec. 552. For fiscal year 2008, funds made available for Federal 
Emergency Management Agency ``National Predisaster Mitigation Fund'' 
shall be provided as detailed in the explanatory statement accompanying 
Public Law 110-161.
    Sec. 553. Section 203(m) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking 
``September 30, 2008'' and inserting ``September 30, 2009''.
    This division may be cited as the ``Department of Homeland Security 
Appropriations Act, 2009''.

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

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

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army


                     (including rescissions of funds)

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

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force


                     (including rescission of funds)

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

                  Military Construction, Defense-Wide


               (including transfer and rescission of funds)

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

               Military Construction, Army National Guard


                     (including rescission of funds)

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

               Military Construction, Air National Guard

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

                  Military Construction, Army Reserve

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

                  Military Construction, Navy Reserve

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

                Military Construction, Air Force Reserve

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

                   North Atlantic Treaty Organization

                      Security Investment Program

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

                   Family Housing Construction, Army

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

             Family Housing Operation and Maintenance, Army

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

           Family Housing Construction, Navy and Marine Corps

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

    Family Housing Operation and Maintenance, Navy and Marine Corps

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

                 Family Housing Construction, Air Force

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

          Family Housing Operation and Maintenance, Air Force

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

         Family Housing Operation and Maintenance, Defense-Wide

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

         Department of Defense Family Housing Improvement Fund

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

                       Homeowners Assistance Fund

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

          Chemical Demilitarization Construction, Defense-Wide

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

            Department of Defense Base Closure Account 1990

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

            Department of Defense Base Closure Account 2005

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

                       Administrative Provisions

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                        compensation and pensions

                      (including transfer of funds)

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


                          readjustment benefits

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


                    veterans insurance and indemnities

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


                  Veterans Housing Benefit Program Fund

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


             Vocational Rehabilitation Loans Program Account

                      (including transfer of funds)

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


           native american veteran housing loan program account

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


   guaranteed transitional housing loans for homeless veterans program 
                                account

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

                     Veterans Health Administration


                             medical services

                      (including transfer of funds)

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


                      medical support and compliance

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


                            medical facilities

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


                     medical and prosthetic research

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

                    National Cemetery Administration

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

                      Departmental Administration


                        general operating expenses

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


                      Information Technology Systems

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


                       office of inspector general

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


                       construction, major projects

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


                       construction, minor projects

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


        grants for construction of state extended care facilities

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


           grants for construction of state veterans cemeteries

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

                       Administrative Provisions


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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


                      (including transfer of funds)

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

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission


                          Salaries and Expenses

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

                 foreign currency fluctuations account

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

           United States Court of Appeals for Veterans Claims


                          salaries and expenses

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

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                          salaries and expenses

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

                      Armed Forces Retirement Home


                                trust fund

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

                                TITLE IV

                           GENERAL PROVISIONS

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

                               Speaker of the House of Representatives.

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